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ZCA1995-00001 i March 10, 1999 CITY OF TIGARD Oregon Department of Revenue OREGON Cartography Department . I 955 Center Street Salem, OR 97310 RE: Formal submittal of the Ordinance and related Exhibits officially withdrawing properties annexed into the City of Tigard from the Tigard Water District. To Whom It May Concern: This letter serves as formal notice that certain properties annexed into the City of Tigard have now been officially withdrawn from the Tigard Water District. Enclosed is a copy of the signed Ordinance passed by the Tigard City Council on 2/23/99 withdrawing those properties from the Tigard Water District. The Department of Revenue previously had the opportunity to review the "draft" ordinance and the necessary changes . were made at that time to the exhibits prior to adoption by the City Council. Thank you for your time on this matter. If you have any questions or comments, please feel free to contact me at (503) 639-4171 x407. Sincerely, . Julia Powell Hajduk Associate Planner i:\curpln\julia\annex\wdlet2.doc Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27 ~ C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 PlanningFile 1999 Planning correspondence file City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6; 97-1,2 & 3; and 98-1,2,3 & 4. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • ' ~ CITY OF TIGARD, OREGON * ORDINANCE NO. 99- M VA AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY , BEEN ANNEXED TO THE CITY ARE WTTHDRAWN FROM THE TIGARD WATER DISTRICT. WHEREAS, The City of Tigard withdrew from the Tigard Water Disti-ict on March 23, 1993; and WHEREAS, since that time, the City has annexed certain properties that were within the Tigard Water Disirict; and WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from that Water Dish-ict to insure the proper entity receives the taxes; and WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for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 222.524, notice was given and the City held a public hearing on the issue of withdrawal of those annexed properties from the Tigard Water District on February 23, 1999; 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 Water District is in the best interest of the City fTigard; an d ' WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by ordinance. NOW, THEREFORE, TI-EE CIT'Y OF TIGARD ORDAINS AS FOLLOWS: SECT'ION 1: The properties located in the Tigard Water District which have been annexed by the City of Tigard and Final Order by the Metro Area Boundary commission after the City withdrew from the Tigard Water District on March 23, 1993, are hereby withdrawn from the Tigard Water District. SECTION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water District are attached I hereto as Etchibits 1 through 27 and incorporated herein. SECTION 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water District shall be July 1, 1999. SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council. PASSED: By u~~ ~t M vLtS vote of all Council members present after being read by number and title only, this ~ day of , 1999. 7l-F ~ Catherine Wheatley, City Recor APPROVED: By Tigard City Council thist;~3~ day of , a s Nicoli, Approved as to form: Attorney iy 2- Date ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/3 (/98 Page 1 of I i:\citywide\ord\wdwithdr.ord.doc Julia H. 11-Feb.-99 ' , •.r ~ • CITY OF TIGARD WATER DISTRICT WIT ~ gDRAV4rAL . . Boundary Cocnmission Final Order No. 3'y59 . EXHtB1T 13 ZCA No._2.~- 0001 !E_ LEGAL DESCRIPTION OF THE AREA A.tract of land located in the Northwest one-quarter of section 31 .Township 2 South, Range 1 West of the Willamette Meridian, . Washington County, Oregon, described as follows: Beginning at a point in the east line of the Northwes.t one-quarter . of said Section 3, said point bearing N 000 46' 00" E a distance ~ of 517.34 feet from the center of said Section 3; thence N 000 46' 00" E, along the east line of said Northwest one-quarter of said section 3, a distance of 1129.66 feet to the northerly right- of-way of S.W. Walnut Street; thence S 78° 35' 11 W, along said northerly right-of-way, a distance of 430.65 feet; thence S 00° 46' 00" W, parallel with the east line of the Northwest one-quarter of said Section 3, a distance of 1044.70 feet; thence N 890 57' 46" E, parallel with the south line of said Northwest one-quarter of Section 3, a distance of 421.00 feet to the point of beginning. Containing 10.52 Acres, YICINITY MAP OF TNE.AREA ' W PINLT , . TlGARO ~ } ~ ~ ~ t '1 i' . ?L ♦ . ~ 1 ~ . Y •1' ' I ~ .:'r` • . i xt-r- '•T . • ~ ~ . 1 . v~? Y: AREA TO BE - • t::: ANNEXED ~ M! E`j ; 51~T ~ i 5 p URMEN 5 T, i F' ' 'A ' ~ ' K ~ , r•~ ~ •r: • j;z stz i+ v. . w «t..e/~ •w.. ~ ' :i . 1,~ Ic S 1 1' ~i ] • 1 ~•SM' . - ~ ifOn~fER STNEET. ~ . .a . 2S 1 t. Services Manager with the day-to-day technical needs of the ~ system. This would also give the Computer Services Manager ~ the time needed to work on long-range needs for the computer ii system. ~ Paul deBruyn, Computer Services Manager, explained several of the line item details to City Council. He also reviewed what was being requested at this time and mentioned that additional computer needs would be presented to the Budget Committee. Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve Resolution No. 95-12. RESOLUTION N0. 95-12 - A RESOLUTION APPROPRIATING CONTINGENCY ' IN SEVERAL FUNDS FOR UPGRADES AND IMPROVEMENTS TO CITY NETWORK ~SYSTEM. ! Motion was approved by unanimous vote of Council present. I (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. " ) 5. PUBLIC HEARING - ZONE CHANGE ANNEXATION (ZCA) 95-0001 - HUNT/MARTIN, Location: South of Walnut Street at the 116th Avenue intersection. A request to annex one parcel of 10.07 acres into the city and to change the zone from Washington County R- 6 to City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: The relevant review criteria in this case are Comprehensive Plan Policies 2.11 Citizen Involvement, 10.1.1. Service Delivery Capacity, and 10.1.2. Boundary Criteria. Community ' Development Code Chapters 18.136 Annexation Requirements, and 18.136 Land Classification of Annexed Territory. ZONE: Presently Washington County R-6. I a. Public Hearing was opened. ~ b. Declarations or Challenges Mayor Nicoli asked the following questions: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? (None were reported.) - Have all members familiarized themselves with the application? (All members indicated they had.) - Are there any chalTenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges) CITY COUNCIL MEETING MINUTES - MARCH 14, 1995 - PAGE 3 I , Mayor Nicoli made the following statement: - For all those wishing to testify, please be aware that failure to raise an issue with sufficient ' specificity to afford the Council and parties an . opportunity to respond to the issue will preclude I an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria that staff will describe or I other criteria in the plan or land use regulation which you believe apply to the decision. c. Staff Report Associate Planner Valone summarized the staff report which is on file with the Council packet material. d. Public Testimony. • Applicant Ernie Platt noted the staff adequately described his application and asked for favorable action. He noted this property will be developed. In response to a question from Councilor Scheckla, , Mr. Platt advised that about one acre, plus or minus, of wetlands exists. Mitigation issues will be addressed with development. • Bob Bledsoe, 11800 SW Walnut, Tigard, Oregon, , testified with regard to his request that an ' addition be made to the proposed resolution for this item. Mr. Bledsoe advised that the purpose of this request was to give protection afforded under the City's Comprehensive Plan to neighboring areas which are not in the City. (See letter on file with the packet material authored by Mr. Bledsoe, and received in the Community Development Department on March 14, 1995.) After brief discussion, City Attorney Ramis advised that in order to make such a change, the City would need to create record and establish findings. City Attorney also advised that this issue should have a separate hearing. He noted it would be "a cleaner process" if the property owners applied for annexation in order to obtain City zoning. e. Staff Recommendation Associate Planner Valone advised the proposed application was consistent with criteria, and recommended adoption of the Resolution and Ordinance as pr2sented to the City Council. I CITY COUNCIL MEETING MINUTES - MARCH 14, 1995 - PAGE 4 f. Public Hearing was Closed g. Council Consideration ORDINANCE NO. 95-05 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 95-0001, HUNT/MARTIN) AND DECLARING AN EFFECTIVE DATE 0 h. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance No. 95-05. Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") RESOLUTION N0. 95-14 - A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBITED "B° (Z.CA 95- 0001). i. Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution No. 95-14. The Resolution was adopted by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") 6. DISCUSSION - METRO 2040 GROWTH CONCEPT After a brief overview by Senior Planner Landsman, Council agreed to send letter (signed by City Administrator) to Metro requesting that the Washington Square area be designated a ~ regional growth center. Council also discussed the need to receive comments from Planning Commission on this issue. Input from the Chamber of Commerce should also be considered. Council discussed concerns that Tigard should note to Metro the concerns with the proposed higher density development. 7. NON-AGENDA ITEMS 7.1 ISTEA FUNDS • After a brief overview by Senior Planner Landsman, motion by Councilor Rohlf, seconded by Councilor Hunt, to approved authorizing the Mavor to sign an application letter for ISTEA funds for the project on Greenburg Road near Washington Square. Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") 'i This project is estimated to cost approximately $300,000; the grant would fund 90°s of the project. CITY COUNCIL MEETING MINUTES - MARCH 14, 1995 - PAGE 5 - ~ I Councilor Rohlf noted concerns that under the current proposed ~ policy, SW North Dakota Street would not qualify as a potential street for nomination for speed bumps. He cited I other criteria, such as volume of trarfic on a street not ' designed for such volume, should also be considered. By ~ presenting the criteria as guidelines, this would give the ~ Citizen Involvement Teams flexibility in offering other ~ criteria for selecting speed bump sites. Council will revisit the official policy for speed bumps at a later date. 9. FINALIZE COUNCIL GOALS This Agenda item was set over to April 11, 1995. 10. NON-AGENDA ITEMS 10.1 Boundary Commission - City Administrator Monahan advised of a letter from Metro Councilor Jon Kvistad. Councilor Kvistad invited Council participation in the selection process for a new member to the Boundary Commission. After discussion, Council consensus was they would submit names for nomination to City Administrator Monahan, who will contact proposed nominees to determine if they are interested. Council will review nominations on April 11. 1995. , 10.2 Zone Change Annexation - ZCA 95-0001 - Resolution No. 95- ' , 14, adopted by the Couricil on March 14, 1995, was forwarded to the Boundary Commission as part of the annexation application. Upon review, Boundary Commission staff discovered the resolution lacked the correct I citation of the Oregon Revised Statutes regarding the I double majority method of annexation. The proposed 'resolution reflects the correct citation and format as requested by the Boundary Commission. RESOLUTION N0. 95-17 - A P.ESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF A TERRITORY AS DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT "B" (ZCA 95-0001) (REPLACES RESOLUTION NO. 95-14). Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Resolution No. 95-17. The motion was approved by unanimous vote of Council present (Mayor Nicoli and Councilors Hunt, Rohlf, and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES - MARCH 28, 1995 - PAGE 9 NOTICE TO TAXING DISTRICTS • ORS 308.225 0 . OREGON DEPARTMENT OF REVENUE This is to nofrfy you that your boundary I Cartographic Unit change in Washi ngt,nn County, for I 955 Center StrPit NE ANNEXATIdN TO TifiAR11 Salemy OR 57310 WITNLIRAWAL FFtOM (503) 945°•E3297 iEVERAL DIaTRIGTS FAX (503) 945-•8737 I TDD (503) 945-8617 FO 3459 has been: ~ CI7Y QF TIGARP ~ Received 5•••16-•95 FYNANCE DIkECTOfi 13125 SW HAL.L BELV1l TIGARU OF 97223 X❑ Approved 5-23•°95 Notes: ❑ Disapproved (see notes) ~ ~ . FOR MAPPING UNIT AND ASSESSOR USE ONLY Department of Revenue file number: L1ilR 34•••1056-•95 Rob Parksion Boundary: Eg Change ❑ Proposed change ❑ Planned change The change is for: ❑ Formation of a new district ~ Description El Annexation of aterritory to a district ~ Map ~ J]CSGRIPTIOid AND i+iAP APFRQVE.O ~k ~ Withdrawal of a territory from a district ~ 5-23-95 ~ ❑ Dissolution of a district AS PCR C1RS 308.225 k~❑ Transfer 0 Merge Received from: FMRC 150-303-039 (Rev.12-93) i Dlatrlbutlon: Whfte - taxing dlst. Canary - counry assesaor Pink- Dept. ol Hevenue Goldenrod - county commisalonera or Caunry Court/Boundary Commlasbn (If approprlate) i - • Return completedRestionnaire to: • Center for Population Research and Census Portland State University P.O. Box 751 Portland, OR 97207-0751 No later than June 27, 1995 for certification on June 30, 1995. A N N$ B A T I O N Q II$ 8 T I O N N A I R E , / City of County of Annexation Ordinance Number or Final Order Number •3 `5 6; , Effective Date of Annexation ~ . NOTE: Enumeration of annexations which involve 200 or more housing units must be conducted under the supervision of the Center for Population Research and Census in order to be certified to the Secretary of State. Complete the following section if there are less than 200 housing units in this annexation. Attach completed confidential census schedules for all housinq units both vacant and occupied. There must be one sheet for each inhabitable housing unit. HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION TOTAL OCCUPIED VACANT PERSONS UNITS IN SINGLE FAMILY STRUCTURES UNITS IN MULTIPLE FAMILY STRUCTURES ' . MOBILE HOMES OR TRAILERS TOTAL POPULATION OF ANNEXED AREA Date of Certif ication CERTIFIED BY I/: TITLE TELEPHONE NUM'BER G 3ei - y17 1 ~-~-t <a <J ✓ CJ ~ This questionnaire and the completed census sche ules are the only data used to certify annexed population to the Secretary of State. Please DO NOT send maps, copies of the final ordinance, lists of addresses, etc. to our office unless you are requested to do so. If there are any questions, or to schedule a census, contact Howard Wineberg at the Center for Population Research and Census, 725-3922. THANK YOII. 9CONFIDENTIA4 ~ City of Address / j ~ i l~•1 ~~!~i-~ ' G-:~.~ . HOIISING TYPE TENIIRE Single Unit Structure (/4 Owner Occupied Multiple Unit Structure O Renter Occupied I Trailer or Mobile Home vacant RE3IDENT3 Last Name First Name Sex Age Respondent 2. 3. 4. 5. I, 6. 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census 725-3922 I i ~ • . , ~ CITY OF TIGARD OREGON May 24. 1995 Mayor Jim Nicoli City Council Troy Hunt Wendi Conover Hawley 8170 SW 87th Paul l1uM Pordand, OR 97223 Bob Rohif Ken Scheckia Dear Mr. Hunt: We received afflcial notiHcatlon that the annexatlon proposal you requested became flnal. The effecdve date of the annexation was May 27, 1995. A copy of the Boundary Commission's Flnal Order is endosed. On behaff af the City CouncU, 1 welcome you to the City of Ttgard. The County Elections DepartrmeM has been notffied; they will update your voter registration so you can vote on TigaRl issues and candidates. Emergency public safety services can be reached by dialing 9-1-1. The Fire District coMinues to serve you as before. The Tigard Police Departmerrt will now respond instead of the SherffPs Department. Please call the Pdice Department for any public safery concems you may have. Tigard is proud of its weli-run fac0ides. Street maintenance and sewer One services are provided by the City. Unffied Sewerage Agency is re,sponsible for sewage treatment through a contract with the City. Your sewer bUling vvill be handled through a City bpling process (nstead af through the County tax biil. Water service wiil corrtinue through the Tigard Water Departmerrt as before. The Ciry of Tigard's Ubrary and its association with the Washington County Library Service offers you flrst- rate library service and access to Just about arry subject. Our Flnance and Administration DepartmeMs are orierrted to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questtons or concems. Once again, I wish you a sincere welc:o e. Si , , James Nicoli l/ Mayor endosure h:\Iogin\jo\welcome.l ~ 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • • ~ CITY OF TIGARD OREGON May 24. 1995 Mayor Jim Nicoli City Council Judith Martin Wendl Conover Hawley 10275 SW Hazeir0ok Paul Hurtt Tualatin. OR 97062 Bob Rohli Ken Scheckia Dear Ms. Martin: We received offlcial notlNcatlon that the annexatton proposal you requested became flnal. The effecWe date of the annexation was May 27, 1995. A copy of the Boundary Commission's Flnal Onier is endosed. On behaff of the Ciry Councq, i weicome you to the Ctty of Tigard. The County Elections DepartmeM has been notifled; they wHi update your voter registraNon so you can vote on Tigard issues and candidates. Emergency public safety servfces can be reached by diaitng 9-1-1. The Fire DtsMct corrttnues to serve you as before. The Ttgard Pdice Departmerd wql now respond instead of the SherifPs Departmerrt. Please caii the Pdice DepartmeM for any publtc safety concems you may have. Tigard is proud of its well-run factlfties. Street mairrtenance and sewer line services are provided by the City. Unffied 5ewerage Agency is responsible for sewage treatment through a contract with the Ciry. Your sewer biiling wiil be handled through a City bDling process instead of through the County tax bill. Water service will corrtlnue through the Tigard Water Department as before. The City of Tigacd's Llbrary and its associatlon with the Washington County Ubrary Service offers you flrst- rate Ifbrary service and access to just about any subject. Our Ftnance and Admtnistration DepartmeMs are oriented to good citizen service and we ask that you not hesitate to ca11639-4171 ff you have any questfons or concems. Once again, I wish you a sincere wel me. Z Si ce ely, ~ ames Ntcdf Mayor endosure h:\login\jo\welcome.l 13125 SW Ha11 BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ • I May 18, 1995 , FINAL ORDER ON ANNEXATION 3459 (HUNT/MARTIN) Attached is the final order on Annexation 3459 (Hunt/Martin), effective May 17, 1995. Census information is as follows: Final Order 3459 Owners: Troy Hunt 8170 SW 87th Portland, OR 97223 Judith Martin 10275 SW Hazelbrook Tualatin, OR 97062 Population: 4; 1 single family residence Please call if you have any questions. 2~ ~r RaY Valone Community Development Department attachments jlg/annexmer.2 I MEMORANDUM II ~ CITY OF TIGARD, OREGON ITO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley, Randy Wooley, Randy Volk, David Scott, Kathy Davis FROM: Ray Valone DATE: May 18, 1995 SUBJECT: Final Order on Annexation 3459 (Hunt/Martin) ZCA 95-0001 Attached is the final order on Annexation 3459 (Hunt/Martin), effective IVlay 17, 1995. Census information is as follows: Final Order 3459 Owners: Troy Hunt 8170 SW 87th Portland, OR 97223 Judith Martin , 10275 SW Hazelbrook ' Tualatin, OR 97062 , Population: 4; 1 single family residence h: \ login\ jerree\ annexmem II I ► Name Final Order Number ' zc~ ~OS-~i ANNEXATION FOLLOW-UP PROCEDURE 1. Receive Final Order from Boundary Commission. Date 2. Request census. ' If less than 200 homes City Recorder must perform. (Put in work order for Office Aide assistance) If more than 200 homes, Portland State performs: Date ~ PSU Center For Population Research 464-3947 . Individual census form to be filled out for each address ~ I when interviewing residents at their homes. . If annexation area comes in close to end of the quarter (March 31, June 30, September 30, December 31) get census certified to Portland State approximately one week prior to these dates to allow state-shared revenue to be received for the next full quarter. . If census to be done through PSU, call and schedule census to be completed as soon as possible. Negotiate contract and get necessary signatures. Check with Recorder for any Local Contract Review Board involvement requirements. 3. Make 25 copies of Final Order. VI" 4. Prepare department distribution of Final Order w/map. Chief of Police - Ron Goodpaster , Engineering - Planning - Ray Valone Accounting - Amanda Bewersdorff Building Official - David Scott Librarian - Kathy Davis Community Development - Nels Mickaelson City Recorder - Cathy Wheatley Water - Randy Volk Send memorandum to department distribution, listing names and addresses of all citizens in the newly annexed area. Effective date from Boundary Commission should be included '~~s in memo. Date , dr- . . ~ 5. Notify agencies of annexation (see list attached). Letters must be sent by certified mail to: General Telephone Co.; Pacitic NW Bell Telephone; NW Natural Gas; Unitied Sewerage Agency; MACC; Portland General Electric; Tualatin Valley Water District; Pride Disposal; Mlller's Sanitary Service, Inc.; Schmidt's Sanitary Service. Only send letter to OLCC if a liquor license outlet is involved. Date4- 19 -11'Y 6. Send Mayor's welcome letter to newly annexed citizens at each address (include New Citizen Packet with letter). (Also check with City Recorder if annexation 90 days before primary or general election on even years or 34 days prior to any special election date.) Date 7. If the area being annexed has a hotel or motel, notify Washington County for receipt of Transit Room Tax. Date ~ 8. If there are businesses in the newly annexed area notify Business Tax Coordinator for the City. Date 9. City Recorder has a file folder titled 'TRUE CASH VALUE." This file is to be kept up-to-date with annexation statistics at all times! Date 10. Complete and mail Portland State Questionnaire, when received. Include cover letter, completed questionnaire and individual census forms to: (Retain copy for our files) Annexations ' Center for Population Research & Census Portland State University P.O. Box 751 Portland, OR 97207 Date LLZ~'i.~ 11. Place annexation file folder in Central Files. Place all material in date order. Type label to reflect annexation name, Boundary Commission Order number along with location description. Date h: \logi n~o\annexpro.l Revised 03/95 Z 076 148 712 Z 076 148 703 Z 076 148 704 Rece6pt gov Receipt for Receipt for ~ CertifiecE Ma69 ~ Certified Mail ~ Certified Mail ~ No Insurance Coverage Provided - No Insurance Coverage Provided No Insurance Coverage Provided ~.~os*.h: Do not use for International Mail Do not use for International Mail ,~T,~~~ Do not use for InternaY al Mail (See Reverse) ISee Reversel "O5T°`~°"`~ ISee Reuersel Senrto ' Sem ro S t o susAN Tfpmr.n r.FN Fr.FM I( a GARY PIPPIIN TLN. VALLEY 121 SW SALMON 1 WTC 05 0Str~t and No. Suec .e,yo. ,5 ~ P.O., State and ZIP Code - p, t ZI e I o te and ZIP Co Q b p0 $EAVERTONi OR 9P 0 Postage Postage [P~. st age / s ~ ~ Certified Fee I 1\ w Certdied Fee Certi fied Fee D ~ Special Delivery Fee Svecial Delrvery Fee Special Delivery Fee w Restricted Delivery Fee Restricted Oelivery Fee Restricted Delivery Fee h etum ~ Return Receipt Showing ~ R Receipt Showing Retum Receipt Showing ' l` o Whom & Date Deiivervd O~ ~ to Whom & Date Delivered p~~ t to Whom & Dato Delivered ~ L Return Receipt Showing to Whom, • t ReNm Receipt Showing to Whom, 'I t Remm Receipl Showing to Whom, ~ Date, and Addressee's Adtlress., ~ Date, and Addressee's Address ~ Date, and Addressee's Address TOTAL Posta9e 9 TOTAL Pasta e . $ TOTAL Postage & Fees & fees . . & Fees ~ Postmark orDate ~ O Postmark or Date C) • " Go co • q ~ Postmark or Date o o E u~ LL ~ ~ ~=J I U. ° ~ n. ~ a - Z 076 148 707 Z 076 148 711 Z 076 148 705 Receopt ffoP Receipt $op Receip$ $or Certified Mai9 ~ Certified Mao9 Certified ilflaiB No Insurance Coverage Provided No Insurance Coverage Provided - No Insurance Coverage Provided ~D STATES Do not use for International Mail - Do not use for International Mail WfREDSTaTES Do not use for International Mail vOSTpI SERVICf ISee Reversel `°`W°I'm (See Reversel PO5T4i5E"""` ISee Reversel ~ Sent to Sent'to Sent ro PACIFIC NW BELL TELEPHONE' 0 RIDE DISPOSAL SERV I Slreet andNo. ~Str-et ntl-No. p`l~0 NORTH FIRS"J' ST Street and No. ~ P. State and Code P.O. State and ZIP Code P.O., State and ZIP Code BELLEViJE, WA 98004 ~ HILLBORO, OR 97124 o HERWOOD O ~ Postage ~ ~ z Postage 1~~ z Postage $ $ Certified Fee Certi(ied Fee Certified Fee V Q 1 \ (W Special Delivery Fee ~ Special Delivery Fee Special Delivery Fee ~ Restricted Delivery Fee [t] Restricted Delivery Fee Restricted Delivery Feo h ~ ~ Retum Receipt Showing ~ Return Receipt Showing M Retum Receipt Showint~ ~ to Whom & Date Delivered Of to Whom & Date Delivered p~j to Whom & Dace Delivered t Rewm Receipt Showing to Whom, t Return Receipt Showing t0 Whom, ~ Date, and Addresses'S Address ; L Rewm Receipt Showing to Whom, ~ Date, and Addresse -s Address L) Date, and Addressee's Address ~ ~ TOTAL Postage 777 TOTAL Postage TOTAL PostagG ~ & Fees & Fees s~ ~ & Fees ' y~ ~ a C) Postmark or Date Y Postmark or D , O Postmark o~ Date cr) CV) ~cory a l~~ a a Z 076 149 887 " Z 076 148 708 Receopg lov ~ Receup4 loP ~ Certified MaH c~~~6~fie~i R~~6~ No Insurance Coverage Provided No Insurance Coverage Provided Do not use for International Maii wareosr~TCS UWTEDSTATES Do not use for International Mail rosru sew~ ISee Reverse) PO5Ta15E""" (See Reverse) sd"t't° ATTN: TERRY MERCIER MIL-to LERS SANITARY SERVICE ~ Street an o. ' - - ~ $~reet and ~lo. ~ P.O., State and ZIP Code -r a P.O., State and ZIP Code Postage s Postage s Certified Fee Certified Fee ` W Special Delivery Fee ~ Special Delivery Fee Restricted Delivery fee Resvicted Delivery Fee h ~ Return Receipt Showing 0) to Whom & Date Delivered pMj Return Receipt Showing 1 f~ Of to Whom & Date Delivered ~ v t Return Receipt Showing to Whom, L Return Receipt Showing to Whom, 2 Dale, and Addressee'sAdd!ess~ ~ Dafe, and Addressee's Address ~ TOTAL Postage TOTAL Postage . & Fees & Fees _ e~( ~ O Postmark or O ~ Postmark or Date r) ~ C°~V! , 0 U. U~ CO a . Z 076 148 706 Z 076 148- 710. Receipt for . Cevtified Maot Receipt for fVo Insurance Coverage Pravided ~ Certified Mail ~Do not use for International Mail No Insurance Coverage Provided ~T Do not use for Intemational Mail ISee Reverse) ~ ; senr~o ISee Reversel ISent to I Btreet antl No. 1 Strpet and NO. V P.O. State and ZIP Code $ O P0~2TLANDr OR 97209 a P.O., State and ZIP Cotle Postage $ p BEAVERTON, OR 97006 ~ • ~ ~ Postage eN~ ~ Certified Fee W ~ Special Delivery Fee Certified Fee (s] ~ W (Z] Restricted Delivery Fee Special Oelivery Fee Ky ~ h ~ Restricted Delivery Fee ~ Return Receipt ShOwing O1 to Whom & Date Delivered C~) Return Receipt Showing ` ,L Return Receipt Showing to Whom, O~f to Whom & Date Oelivered ~ L Date, and Addresse@;sAtldress„ t Return Receipc Showing to Whom, TOTAL Posta9 ~ Date, and Addressee's Address ~ ~e'=~; ~ & Fees ~t,n/* ~ 7. - ' s TOTAL Postage ~ • ~ Postmark nA 6 & Fees s~ Y01 C) Postmark or Da(6~ tE r U~ o a LL CO) - - a m SENDER: ' ~ SENDER: I0 I aiso wish to rECe;ve t~ia y• Complete items 1 and/or 2 for additional services. I aISO WiSh t0 r2CBiv8 Yh3 ;'p • Complete items 1 and/or 2 for additional services. m• Complete items 3, and 4a & b. following services (for an extra • Compiete items 3, and 4a & b. fOllOwin sarviC2S (fOt ar. extra m m ~ 9 ~ Print your name and address on the reverse of this form so that we can y Print your name and address on the reverse of this form so that we can fee): ~ return this card to you. fee1: return this card to you. ~ m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address Q • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Adcfress ~ ~ does not permit. does not permit. ,r t• Write "Return Receipt Requested" on the mailpiece below the article number. Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ R2StriCtOd DGiivery ~ The Return Receipt wilt show to whom the article was delivered and the date 2• ~ Restricted Delivery ~ e The Return Receipt will show to whom the article was delivered and the date y C delivered. 'I ~ delivered. ConSUlt pOStmester ¢OF o Consult postmaster for fee. m 3. Articie Addressed to: 4a. Article Number 3. Article Addressed to: 4a. Article Number ~ a NW NATURP'L GAS CO Z 076 148 706 i° ATTN: BRUCE CREST ' a CUS''OMER ACCOUNTING DEPT 4b. Service Type ~ ~ ~CC 4b. Service Type ~ o ❑ gistered ❑}nsured o ❑ Registered ❑ Insured ° 222 NW SECOND AVE cn 0 1815 NW 169TH 2 "Certified ❑ COD m 0 t-J Certified ❑ COD ct ,oj, PORTLAND, OR 97209 ❑ Express Mail ❑Return Receipt for un) w B~~RTON, OR 97006 ❑ Express Mail ❑ Return Receipt for a ~ Merchandise Mer andise 0 p 7. Date of Delivery ~ a. 7. Date of Deliver Q 0 Q A~- 0 • Signature (Addressee) 8. Addressee's Ad ess (0nly if requested c cc 5. Signature (Addressee) 8. Addressee's Address (Only if requested Y 1= D and fee is paid) r- :0 and fee is paid) L F pc 6. Sign u~ 6. Signature (Agent) > > y PS Form 381 , ember 1991 irU.S. GPO: 1993-352-714 DOMESTIC RETIJRIV RECEIPT" y PS Form 3811, Dece er 1991 aU.S. GPO: 1993-352-714 DOMESTIC FiETl1RIV FiECE1P i - ~ SENDER: ID • Complete items 7 and/or 2 for additional services. I 81S0 WISh t0 f2CCIV8 th2 V SENDER: H I also wish to receive the m- Complete items 3, and 4a & b. fOllOwing SCfviC6S (fOf 8n extr8 A m• Complete items 1 and/or 2 for additional services. ca • Complete items 3, and aa & b. followin services (for an extra m Print your name and address on the reverse of this form so that we can m 9 c~ m return this card to you. fee): Print your name and address on the reverse of this form so that we can • fee) D ` ~ retum this card to you. : ` m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address ci y > . Attach this form to the front of the mail iece, or on the back if sPace 1. ❑ Addressee'S Add~ESS ~ does not permit. 0 P N N I does not ermit. t• Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery F~ Q. Write' Return Receipt Requested" on the mailpiece below the article number. ~ a The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restri~4.,d Deliv2ry o deiivered. Consult postmaster for fee. e- The Return Receipt will show to whom the article was delivered and the date v deiivered. Consult postmaster for fee. ~ -o 3. Article Addressed to: 4a. Article Number 0 oC 3. Article Addressed to: 4a. Article Number c m GENERAL TELEPHONE CO OF THE NW Z076 149 887 ~ a , m Z076148707 4b. ervice Type 0 CL PACIFIC IVW BELL TELEPHONE CO 4b. Service T ? ~ A'I"T'N: TERRY MERCIER i ype ° ~ ❑ egistered ❑ Insured , o ❑ Registered ~ Insured c PO BOX 1003 5-TX MCertified ❑ COD K' ~ SUE KNABLE OR PAT PROUSE ~ertified 0 COD T ty/~ EVERE`I"I', WA 98206 Retum Recei t for m~ uU ❑ Express Mail O P 450 110th NE RM 409 ❑ Ex ress Mail ❑ Return Rsca;vt for 2 CC Merchandise ~ W P C 0 ix BELLEV[JEi WA 98004 Merchandis3 o 7. Date of Deli yer* 7. Dat ~Defiv@ry C S~i Q p~ 5. ature (A re ee) 8. Addressee's Address (Onty if requested Y, Z ignature (Addressee) S. Addressee's Address (O:~iy if re:u=s!sd Y ~ - and fee is paid) c oC ~ and fes is paidl W ec 6. Signature (Agent) w ~ ~ pc 6 Sign ture t) 3 ' y PS Form 3811, December 1991 aus.Gp0, 1993--352a14 DOMESTfC RETl1RIV RECEIPT ' 0 :1. pS Fo m 381 , ecember 1991 trU.S.GP0:1993-352-714 I y DOMESTIC RETURN RECEIPT I I ^ • ~ SENDER: I, also wish to receive the ti SENDER: 1 also wish to receive the y• Complete items 1 and/or 2 for additional service3. y• Complete items 7 and/or 2 for additional services. fOIIOWin SefVIC6S (fIIl 2n ~x2'E ~ y• Complete items 3, and 4a & b. fOllOwing SBrviCes (for an extra ~ Complete items 3, and 4a & b. 9 ` U) • Print your name and address on the reverse of this form so that we can • y ~ return this card to you. fee1: o Print your name and address on the reverse of this form so that we can feel: return this card to You. ~ m• Attach this form to [he front of the mailpiece, or on the back if space 1. ❑ Addressee's Address Cj Attach this form to [he front of the mailpiece, or on the back if space 1. ❑ AddressEe's AddrESS N does not permit. +e does not permit. O. t• Write "Return Receipi Requested" on the mailpiece below the articie numb'er. 2. ❑ RestriCted Delivery = Write "Return Receipt Requested" on the mailpiece below the article number. 2, ❑ Restricted Delivery •m g:, a Tfie Return Feceipt wiN show to whom the article was delivered and the date c) C• The Return Receipt will show to whom the article was delivered and the date w + Consult postmaster for fee. u~ o deiivered. Consult postmaster for fe~. !c; e ~ delivered. cc m 3. Article Addressed to: 4a. Article Number 4a. Article Number M : ~ 3. Article Addressed to: c ~ Z076 148 703 0 Z076 148 708 ~ TUALATIN VALLEY WATER DISTRICT m MILLERS SANITARY SERVICE INC a c: 4b. Service Type pC E ATTN: GARY PTPpIN 4b. Service Type ~ p0 BOX 217 O Re istered ❑ Insured o ❑ Registered ❑ Insured 9 ~ y PO BOX 745 c: c°> BEAVERTON OR 97075-0217 N Certified ❑ COD ~ IN Certified ❑ COD 'H W BEA N OR 970 ❑ Express Mail ❑ Return Receipt for 5 N ❑ Express Mail ❑ Return Recaiot for a p~ Merchandise ~ W ~ Merch:iidisa ~ , 0 ' 7. Date of Delivery ~ p _ 7. Date of Delivery. ~ 5. ignatur Add essee) 8. Addressee's Address (OnlY if reQuested , x Z 8. Addressee's Address (Oniy if request2d Y 5. Si9nature (Add ressee) e ~ and fee is paid) ~ a and fee is paid) _ ~ 6. Signature (Agent) ~ Lu 6. Signature (Agent) ~ ~ ~ ~ . y PS Form 3811, December 1991 trU.S.GP0:1883-352-714 ~ DOMESTIC FiETl1RN RECEIP`~ DOMESTIC RETIJRN RECEIPI' ~ PS Form 3811, December 1991 irU.S.GP0:1993-352-714 H. ~ P. . °i SENDER: SENDER: ro I also wish to receive the I also wish to receive the y• Complete items 1 and/or 2 for additional services. Complete items 1 andlor 2 for additional services. 0) • Complete items 3, and 4a & b. fOllOwifl9 SBfVIC2S (fOf an extra m • Complete items 3, and 4a & b. fOIIOWIIIJ S@fVIC2S (fOf an extra p w N• fee): Print your name and address on the reverse of this form so that we can I ~ Print your name and address on the reverse of this form so that we can p ; return this card to you. fee1: ` m return this card to you. m I~ m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addcessee's Address y Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Address.;3'S AddieSS y does not permit. a. ~ does not permit. " t• Write "Return Receipt Requested" on the mailpiece below the article number. 2, ❑ RBStfiCt6d D81iv@fy t• Write "Return Receipt Reqt{ested" on the mailpiece below the article number. 2 0RgSLriCYeCi De!iV3iy •m i"' • The Return Receipt will show to whom the article was delivered and the date v The Return Receipt will show to whom the article was delivered and the date ~ 0 delivered. COnsult ostmaster for fee. c~ C delivered. COr1SUIt ostmssYer fc° f~s. ~ ~ 3. Article Addressed to: 4a. Article Number ~ o 3. Article Addressed to: 4a. Article Number ~ m PRIDE DISPOSAL SERVICE INC ~ m SCHMIDT'S SANITARY SERVICE INC W a PO BOX 820 4b. Service T•Pe ~ a 4b. Service Type ~ ~ 8325 5W ROSS ❑ Registered ❑ Insured CD ❑ R stered ❑ fns_r~:: TIGARD~ OR 97223 ~ ertified r' CC~ ° SHERW(~OD, OR 97140 Certified ❑ COD 0 ty/~ ~ ❑ Return Receipt for a tNiJ ❑ Express Mail ~RE^-~•~ `or ~ w ❑ Express Mail W ~ Merchandise ~ 7. Date of Defivery ~ p 7. Date of Delivery ° > z 5. Signature (Addressee) 8. Addressee's Address (Only if requested Y Z 5. Signature (Addressee} 8. Addressee's Add.*sss :-?::ested ~ ~ artd fee is paid) co ~ artd fee is paid) ~ r ~ H LU nature (Agent) 6. Sigrtature Ag t) • ~ ~ ~'!.O ✓ ` .s-l. ~ - y F- PS Form 3 1, December 91 trU.S. GPO; 1993-352-714 DOMESTIC RETIJRN RECEIPT 0;-- pS Fo m , December 1991 Aus. sPO: 1e93-Ma14 DOMESTIC RFTURN RECElPT I ~ ~ - i F.. m SENDER: ~ Complete items 1 and/or 2 for additional services. I els0 wiSh t0 rBCeivE ShE v SENDER: I eISO wish t0 receive th.; v~ y Complete items t andlor 2 for additional services. m- Complete items 3, and 4a & b. fOllOwing ServiCeS (f0r an extrz ~ m• Comptete items 3, and 4a & b. }Ollowing Se~viCes (for an ~xtra v Print your name and address on the reverse of this form so that we can fee): Print your name and address on the reverse af this form so that we can fee1: m return this card to you. a C> return this card to you. ~ m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address ~ j p• Attach this form to the front of the mailpiece, or on the back if space ,1 Addr@SSeE'S AaciieSS ~ I does not permit. does not permit. N m. Write "Return Recei t He uested" on the mail iece below the article number. ka. m. " r P 4 P 2. ❑ Restricted Deliver x Write "Return Receipt Requested" on the mailpiece below the article number. a The Return Receipt will show to whom the article was delivered and the date Y The Return Receipt will show to whom the article was delivered and the date 2• ~ Restricted Delivery o deiivered. Consult postmaster for fee. ~ delivered. Consult postmaster for fca. m -o 3. Article Addressed to: 4a. Article Number " g„ 3. Article Addressed to:> . 4a. Article Number ~ 0 « ~ ~ UNIFIED SEWERAGE AGENCY ADMIN Z076 SUSAN LOGAN ~ 4b. Service Type E ppRTLAND GENERAL ELECTRIC 5CSe ice Type ~ o WASHING`'ON COUNTY ADMIN BLDG ❑ Registered ❑ Insured o istered O Insured " U' " 121 SW SALMONi 1 Ta''C-0502 c~ 150 NOR'I'H FIRST ST Q Certified ❑ COD rt itied ❑ COD c y Return Recei t for ~ N PORTLAND, OR 97204 y L++ HILLSBORO, OR 97124 O Express Mail ❑ P w ❑ Express Mail ❑ Return Receipt for ~ Q Merchandise Merchandisa ~ ~ 7. Dater ivery 7. Date of De iVery ~ ~ o > ~ 5. Signature (Addressee) 8. Addr see's Address (0nly if requested 5. Signature (Addressee) 8. Addressee's Address (Only if requested Y ~ and fee is paid) r ~ and fee is paid) ~ f' • .c ~ ~0 ~ 6. Signature (Agent) ~ 6. Signat /e (Agent) H r •9 r 0 PS Form 3811, December 1991, irU.S.GP0:1993-352-714 DOMESTIC RETIDRN RECEIPY y' PS Form 3811 ecember 9 s7U.S.GP0:1893-352-714 DOMESTIC RETURIV RECEiPT SENDER: • Complete items 1 and/or 2 for additional services. I 8150 wiSh t0 r8C@ive th@ • Complete items 3, and aa & b. following services (for an extra • Print your name and address on the reverse of this form so that we can feel: return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2, ❑ R2StriCted Delivery • The Return Receipt Fee will provide you the signature of the person delivere to and the date of delivery. COf1SUlt ostmaster for fee. 3. Article Addressed to: 4a. Article Number -)ept. of Land Conservation & Develo nt P 431 229 389 1175 Court Street, N. E. 4b. Service Type Salem, OR 97310-0590 ❑ Registered O Insured U Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of D~ry ~ 2199~ 5. Signature (Addressee) 8. Addressee's Address (Only if requested and fee is paid) 6. Signature (Agent) ~ PS Form 3811, 1990 *u.s.Gao:1es1-ze7-0ss DOMESTIC RETURN RECEIPT . PORTLAND METROAAN AREA LOCAL GOVERNMENT ANDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER .t RE: BOUNDARY CHANGE PROPOSAL N0: 3459 - Annexation of territory to the City of Tigard I Proceedings on Proposal No. 3459 coinmenced upon receipt by the Boundary Commission of a resolution and property owner/registered voter consents from the City on March 31, 1995, requesting that certain property be annexed to the City. The resolution and consent meets the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on May 4, 1995. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: "(a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. ~ "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "(c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and'controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Community service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather than several governmental agencies is Final Order - Page 1 in most cases better a0_ to assess the financial resources aWerefore is the best mechanism for establishing community service priorities. I "(2) It is the intent of the Legislative Assembly that each boundary commission I establish policies and exercise its powers under this chapter in order to create a governmental structure that promotes efficiency and economy in providing the widest 'I range of necessary services in a manner that encourages and provides planned, well- , ordered and efficient development patterns. "(3) The purposes of ORS 199.410 to 199.534 are to: I "(a) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies; "(b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government; "(c) Provide an impartial forum for the resolution of local government jurisdictional questions; "(d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary determinations the commission shall first consider the acknowledged comprehensive plan for consistency of its action. Only when the acknowledged local comprehensive plan provides inadequate policy direction shall the commission consider the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and "(e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies. ' ; 199.462 Standards for review of changes; territory which may not be included in certain changes. (1) In order to carry out the purposes described by ORS 199.410 when reviewing a petition for a boundary change or application under ORS 199.464, a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 and the goals adopted under ORS 197.225." ' "(2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory: "(a) Territory within a city may not be included within or annexed to a district without the consent of the city council;' "(b) Territory within a city may not be included within or annexed to another city; and Final Order - Page 2 "(c) Territory wit~a district may not be included with*r annexed to another ~ district subject to the same principal Act." The Commission also considered its policies adopted under Administrative Procedures Act (specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and decisions and past direct and indirect instructions of the State Legislature in arriving at its decision. FINDINGS (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved Boundary Change Proposal No. 3459 on May 4, 1995. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval*. ~ PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION I _ II DATE: BY: Chair ATTEST: _ _ -~g ~ * This proposal would ordinarily be approved as of May 4, 1995. However ORS 199.519 i requires the effective date to be delayed until the day after any upcoming election that is within 61 days of the date the Commission takes action. Final Order - Page 3 i ~ • Exhibit A Proposal No. 3459 I FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed contains 10.07 acres, 1 single family dwelling, an estimated population of 4, and is evaluated at $131,640. 2. The owners are requesting annexation in order to develop the land, which requires sanitary I sewer service. The proposed boundary change should be made to allow the land to develop at urban density with the City providing the planning and urban services. A 40-lot single- family residential development is planned. 3. The Boundary Commission has three adopted policies. The first of these policies states that ~ the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. ~ 4. The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a wetland in the southeast corner of the site. Surrounding parcels contain single-family residences to the north, east, and west; and vacant land to the south. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The territory is located to the West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for develop- ment in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-6, 6 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 7. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and Final Order - Page 4 . . • Exhibit A Proposal No. 3459 << expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 8. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. The folfowing pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: "A. Active Planning Area "1. Definition "Active Plannin4 Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possi- ble..... "2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. "3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Active Planning Area. "4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. "5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. "6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. ~ "7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area." 9. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City shall require that: ~ Final Order - Page 5 • • Exhibit A Proposal No. 3459 "a. Development coincide with the availability of adequate service capacity including: " 1. Public water; "2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and "3. Storm drainage. "b. The facilities are: "1. Capable of adequately servicing all intervening properties and the proposed develop- ment; and "2. Desi9ned to citY standards "c. AII new development utilities to be placed underground." The relevant criteria in the Tigard Comprehensive Plan Polices to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria; and .a Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. 10. There is an 8-inch sewer located along the eastern boundary of the property. The developer will be responsible for installing the collector sewer lines in the project, and these lines will then be turned over to the City which will own and maintain the lines. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construc- tion and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City-County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than USA charges and keep the difference to offset City costs. Final Order - Page 6 ~ • • Exhibit A Proposal No. 3459 Monthiy sanitary sewer user charges are a base rate of $13.25 per month qlus a consump- 'I tion charge of $.90 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA in the adjacent unincorporated area. i USA assesses a property tax which goes toward payment of bonds sold to construct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 11. The site can be served by a 12-inch water line located adjacent to the property in SW Walnut Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) 'and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same . as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agreement/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in the Walnut Street area include a $635 system development charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total installation charge of $1,170 for a standard 5/8" or 3/4" meter. The bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 12. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per Final Order - Page 7 • • Exhibit A Proposai No. 3459 thousand property tax will no Ionger be levied against the territory. The CountY Service I ~ ~ I District provides a level of service of .51 officers per 1000 population which in addition to , the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. ! Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emer- gency response in Tigard is under five minutes. 13. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 14. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 430 feet of frontage along SW Walnut Street, which is functionally classified as a major collector. Tri-Met service is available from the #45 Garden Home bus which stops at the corner of SW Walnut Street and SW 121 st Avenue, to the west of the site. 15. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part ofi the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 16. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. ' The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and mainte- nance costs. 17. Tigard operates a park system funded through its tax base which finances the general fund. The system consists of one city-wide park, one community park, four neighborhood parks and three mini-parks. 18. The site drains into a wetland located in the southeast corner of the property. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. Final Order - Page 8 • • Exhibit A Proposal No. 3459 19. The Commission received a letter from a citizen in the general area of the annexation. The letter expressed concerns about preservation of a natural area, traffic and drainage. Additional information was developed on these topics in an addendum to the staff report. The report noted specific policies and codes which the City has in place to deal with these issues as a part of the development process. Also noted was the fact that the City's rules and methods for dealing with these issues were comparable to the County's and that therefore the annexation itself would have little impact on these issues. REASONS FOR DECISION Based on the Findings the Commission determined: 1. The proposal is consistent with City, County, and Regional planning for the area. 2. The City can provide an adequate quantity and quality of public services to the area. This includes particularly the planning, zoning and code enforcement services which relate to preservation of natural areas, drainage and traffic. These three issues are dealt with subsequent to annexation by the City. Annexation will have little impact on these issues ~ since the City's methods of dealing with them are very similar to the County's methods. 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). ' Final Order - Page 9 - • . • i Exhibit B Proposal No. 3459 •t LEGAL DESCRIPTION ANNEXATION TO City of Tigard A tract of land located in the Northwest one-quarter of section 3, Township 2 South, Range 1 West of the willamette Meridian, Washington County, Oregon, described as follows: i Beginning at a point in the east line of the Northwest one-quarter of said Section 3, said point bearing N 001 46' 00" E a distance of 517 . 34 feet from the center of said Section 3; thence N 000 46' 00" E, along the east line of said Northwest one-quarter of I said section 3, a distance of 1129.66 feet to the northerly right- I of-way of S.W. walnut Street; thence S 780 35' 11 W, along said northerly right-of-way, a distance of 430.65 feet; thence S 000 i 46' 00" W, parallel with the east line of the Northwest one-quarter ' of said Section 3, a distance of 1044.70 feet; thence N 891 57' , 46" E, para11e1 with the south line of said Northwest one-quarter I of Section 3, a distance of 421.00 feet to the point of beginning. Containing 10.52 Acres, ' I Final Order - Page 10 • ! . NO. 3459 SE1 /4 NW 1/4 SECTION 3 T2S R 1 W W.M. 2S 1 36D Washington County Scale: 1 250' WAL-NV~ 'oo ' ,a.... zx a0 TIGARD / r. ~ ~o. I1..W~... I i ~ ~eoo• I I c„ene i~ ci ~ i .'I s. I' . la :i I ' gOI .0c. i00~~ o' ` ' • s ~ ~ > i . ~ II~ I .1~: ' ~ . '11 I • 'I,, ~:~i: AREA TO BE 60 ,o ANNEXED a " i9~ i_ ~ ` ~ i' ~ :r• pLACE . , ~ ' 1600 i ~'s?.j'e° SCf VA0 ' zzco ~1 ^ •'eao :oo T~w_ 3-78 1 :rC ~e• ~ gl_ •I: 4r ti~ i 12 . 9 , 61 1' ~ . '1 fl I M 'I ~ s:~ 'STREET • S W CARMEN i' ~ ^ 2970 1000 . . i ~ .['i; Z '1 $~i • ; ~ ` ~FI' ` tif ti. ~ " ~I ~ i ! ~ ~ ~ :7ni- n•x _,y.,.. .~.;.~.i« cy•.c:e.~..~,a,....~.~ ira _.;r~~~' 'i <a0C ;I L~••~ 1400 ~ RpF a33[S$' a:JRO05C3 C' I I 3307•• • i= ~ I DC n07 pEL` ~~N;,=t ~a, •I= f+ si. an~. V, i ~,i : :r<, i: 2 i ~ I I=!M i~• <.isr 1 1 , - • ~ i e s_ ~ rsr. i ~.I ~r.: i r I .a 1 5 •I il" I I I : . i ' ~ • I'~ ~ ~ " ~ . =j • ~~j I •I. ' 1 . . ~ 1 1 •af[~u~. ~ S N''i -~w • - LL -FONNER STREETt . 2S I i - - _ . PROPOSAL NOo 3459 CITY OF TIGARD ANNEXATION FIGURE 2 ~ CITY OF TIGARD, OREGON• jkju~~ ORDINANCE NO. 95- 05 AN ORDINANCE ADOPTING FINDINGS AND CONCLIISIONB TO APPROVE A ZONE CHANGE (ZCA 95-0001, Hunt/Martin) AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on March 14, 1995, to consider a zoning designation for one parcel located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, on March 14, 1995, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely approximates the Washington County land use designation while implementing the city's existing Comprehensive Plan designation of Low Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax Map, Lot Number Current Zonina New ZoninQ 2S1 3BD, lot 100 Wash. Co. R-6 Tigard R-4.5 SECTION 2: This ordinance shall become effective upon filing of the ' annexation final order with the office of the Secretary of State. PASSED: By u~~AlimvkA5 vote of all Council members present after being read by number and title only, this day of =M &Ar.k, , 1995. Catherine Wheatley, Cit Recorder APPROVED: By Tigard City Council th' day f~ 1995. m s Nico i, Ma r A proved as tm fioFm: 1- 'ty Attorney Date ORDINANCE No. 95- 05 Paqe 1 ~ • CITY OF TIGARD, OREGON • • RESOLIITION NO. 95- I'Y A RESOLIITION INITIATING ANNEBATION TO THE CITY OF TIGARD OF THE TERRITORY A3 DESCRIBED IN EBHIBIT A AND ILLIISTRATED IN E%HIBIT B , (SCA 95-0001). I ~ WFiEREAS, the Tigard City Council held a public hearing on March 14, I 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and 'WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law 199.410 to 199.519; and ' WHEREAS, ORS 199.490(5) (a) gives the governing body the authority to initiate a minor boundary change by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(5)(a), hereby initiates proceedings for annexation to the City of Tigard the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government BoundarY Commission aPProve the ProPosal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at ce. PASSED: This day of 9g5, ' Mayor - i y of Tigard II ✓ ATTEST: . ~ City Recorder - City o Tigard 3/la/q s Date RESOLUTION NO. 95-~_ ~ , Page 1 . • STAFF REPORT EXHIBIT A March 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0001 REQUEST: To annex one parcel of 10.07 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. APPLICANT: Troy Hunt Judith Martin 8170 SW 87th 10275 SW Hazelbrook Portland, OR 97223 Tualatin, OR 97062 OWNERS: Same REPRESENTATIVE: Ernie Platt Matrix Development Corporation 7160 SW Hazelfern Road, Suite 100 i Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WCTM 2S1 3BD, lot 100 (see , map). 2. Vicinity Information Properties to the north, west, south and along part of the eastern boundary are in Washington County and zoned R-6. Properties to the northeast (across Walnut Street) and along most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Backqround Information The applicant's representative approached the city with a request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a 1 • • wetland in the southeast corner of the site. One single I family house is on the property. The parcel has approximately 430 feet of frontage along Walnut Street, which is functionally classified as a major collector. The applicants have requested that the 10.07-acre parcel be annexed by means of the double majority method to the city. City staff have included the Walnut Street right-of-way adjacent to the property in the annexation request (see Agency Comments below). The proposal includes the request to ~ initiate annexation to the city and to change the zone only on the property. Because the property is in the city's active planning area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density ~ Residential. i ~ 5. Agencv Comments , The Police, Engineering and Planning departments have agreed to include the entire Walnut Street right-of-way adjacent to , the affected parcel in the proposed annexation in order to I facilitate more efficient police and utility services. No other comments were received when this report was written. B. FINDINGS AND CONCLIISIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. ~ Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that adequate services are available and may be extended , to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is I satisf ied because the proposal will not create a boundary i irregularity in this area; the Police Department has been , notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to the annexation; the affected land is located within the 2 i • ~ city's urban planning area and is contiguous to the city boundary; and adequate services are 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: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. ~ 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. 3 ~I ' EXHIBIT B • . ~ Y I : . ~ . H ~ ~ a w . : o W > Q / R ~ z N ~ Z Z Q ~ , J a S137N~ ~ a c~ - ~ LL 0 ~ ~ . U c- VICINITY EXHIBIT MAP 0 W AREA RCITY No rH ~ AREA TO BE ANNEXED so.le ,•.,oo• FEET 0 400 800 ZCA 95-0001 16\QI$DAT\TIQCOV\NELSDWO\ANNE%221.OW0 2/7Va8 • AGENDA ITEM # S For Agenda of March 14, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUNiMARY ISSUE/AGENDA TITLE Zone Chancxe Amendment ZCA 95-0001 PREPARED BY: Ray Valone DEPT HEAD OK CITY ADMIN OK - - - ISSUE BEFORE THE COUNCIL Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one parcel consisting of approximately 10.07 acres located south of Walnut Street at the 116th Avenue intersection? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation request to the Boundary Commission and to assign a zone designation to the property in conformance with the city comprehensive plan. INFORMATION SUNIMARY The annexation request consists of one parcel totaling 10.07 acres of land which is contiguous to the City of Tigard. Staff has included the Walnut Street right-of-way adjacent to the property in the request. The owners' representative requests annexation in order to develop the property. Because the territory is located within Tigard's active planning area and has already been assigned a comprehensive plan designation of Low Density Residential, the City Council only need assign a zone change to the property. Attached is a resolution initiating annexation and an ordinance to change the zone designation from Washington County R-6 to Tigard R-4.5. OTHER ALTERNATIVES CONSIDERED Deny the request. FISCAL NOTES Since the territory is within Tigard's active planning area, the city is responsible for the Boundary Commission annexation fee of $1,105. Y • CITY OF TIGARD, OREGOIO ORDINANCE NO. 95- AN ORDINANCE ADOPTING FINDINGS AND CONCLIISIONS TO APPROVE A SONE CHANGE (ZCA 95-0001, Hunt/Martin) AND DECLARING AN EFFECTIDE DATE WHEREAS, the Tigard City Council held a public hearing on March 14, . 1995, to consider a zoning designation for one parcel located south of Walnut Street at the 116th Avenue intersection; and . WHEREAS, on March 14, 1995, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely approximates the Washington County land use designation while implementing the city's existing Comprehensive Plan designation of Low.Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be .designated as follows: Tax Man. Lot Number Current Zonincr New Zonina 2S1 3BD, lot 100 Wash.-Co. R-6 Tigard R-4.5 SECTION 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. ,r;lc PASSED: By vote of all Council members present ~ after being read by number and title only, this day of , 1995. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of .1995. • ' James Nicoli, Mayor . Approved as to form: City Attorney Date ORDINANCE No. 95- Paqe 1 • CITY 08 TIGARDe OR$GOO RESOLIITION NO. 95- A RE80LIITION INITIATING ANN$BATION TO TH$ CITY OF TIGARD OF THE , TERRITORY A3 DESCRIBED IN E%HIBIT A AND ILLIISTRATED IN EBHIBIT B (8CA 95-0001). WHEREAS, the Tigard City Council held a public hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law 199.410 to 199.519; and WHEREAS, ORS 199.490(5) (a) gives the governing body the authority to initiate a minor boundary change by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: •Section 1: The City Council, pursuant to ORS 199.490(5)(a), hereby • initiates proceedings for annexation to the City of . Tigard the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED • This day of •S " ' ' r:'~•~ , 1995. Mayor - City of Tigard ATTEST: • City Recorder - City of Tigard Date RESOLUTION NO. 95- Page 1 . • • STAFF REPORT EXHIBIT A March 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HAT•T• 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACT3 1. General Information CASE: Zone Change Annexation 95-0001 REQUEST: To annex one parcel of 10.07 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. . APPLICANT: Troy Hunt Judith Martin 8170 SW 87th 10275 SW Hazelbrook Portland, OR 97223 Tualatin, OR 97062 OWNERS: Same ' REPRESENTATIVE: Ernie Platt Matrix Development Corporation 7160 SW Ha2elfern Road, Suite 100 Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WCTM 2S1 3BD, lot 100 (see map). ~ 2. Vicinity Information Properties to the north, west, south and along part of the eastern boundary are in Washington County and zoned R-6. Properties to the:northeast (across Walnut Street) and along most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Background Information , The applicant's representative approached the city with• a request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a.forested area covering the southern portion and a. 1 . ~ • wetland in the southeast corner of the site. One single family house is on the property. The parcel has approximately 430 feet of frontage along Walnut Street, which is functionally classified as a major collector. The applicants have requested that the 10.07-acre parcel be annexed by means of the double majority method to the city. City staff have included the Walnut Street right-of-way adjacent to the property in the annexation request (see Agency Comments below). The proposal includes the request to ~ initiate annexation to the city and to change the zone only on the property. Because 'the property is in the city's active planning area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. AcLency Comments The Police, Engineering and Planning departments have agreed to include the entire Walnut Street right-of-way adjacent to the affected parcel in the proposed annexation in order to facilitate more efficient police and utility services. No other comments were received when this report was written. B. FINDING3 AND CONCLII3IONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the f ollowing f indings : . 1.. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT' and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that adequate services are available and may be extended to accommodate the affected property. . 3. .-Policy 10.1.2, boundary criteria for annexations, is satisf ied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to the annexation; the affected land is located within the 2 . ~ ~ city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. i Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: . a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the , property meets the definition of and will be designated ' as a developing area. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. 3 ~ EXHIBIT B , . . . . I ~ I .....Y~i .T. I ~ I . i a w . ~ o W V F=- ~ ~ Z lo, Q J a ~ .111TN: • ' : {a~•. Q i.~ Q ~ ~ , . ~ . LJL O ~ . ~ ~ ~ • •••MOR~ • ~ A.• U C- Q. ~ R . q •C~ . ~ CURRENTLY VICiNITY EXHIBIT MAP AREA WITHIN CITY LIMITS ~ No TH ~ AREA TO BE ANNEXED scaie ,•.aoo, FEET o 400 800 ZCA 95-0001 M\CISDATTICCOV\NELSDW .hANNE%2t1AWG L2L90 i ~ ~ . 0 ~ PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CMSN. 800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093 AGENDA April 17, 1995 TO: Boundary Commission FROM: Kenneth S. Martin, Executive Officer . SUBJECT: Public Hearing - May 4, 1995 This is to remind you of the Commission's scheduied Public Hearing on May 4, 1995 at 7:00 P.M. AT: Multnomah County Courthouse 1021 SW Fourth Room 602 Portland OR 97204 Prior to the Public Hearing a study meeting will be held at 6:00 P.M. 6:00 pm - The Tree Room Standard Insurance Center 900 S.W. Fifth Concourse Level Portland, Oregon 97204 Please Bs on Time Sandwiches and coffee will be provided to the Boundary Commission members only. KSM/Imr ~ PORTLAND METROPOLAN AREA LOCAL GOVERNMENIWUNDARY CMSN. 800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093 Agenda May 4, 1995 - Hearing AT: Multnomah County Courthouse 1021 SW Fourth - Room 602 Portland OR 97204 7:00 PM 1. Call to Order 2. Roli Call ' 3. Hearing on Changes to Administrative Rule for Service Charges. 4. Commission Action on Revised Administrative Rule on Service Charges. 5. Approval of April 6, 1995 Hearing Minutes. 6. Hearing Agenda - 14 Boundary Change Proposals Continued from April 6, 1995 Hearing Proposal No. 3450 - CitY of Beaverton (Wash.) (Annexation) (Consisting of Iterritory located on the northwest edge of the City, on the south edge of NW Twin Oaks DR and the east edge of NW 167th PL.) Proposal No. 3455 - Tualatin Hills Park and Recreation District (Wash.) (Annexation) (Consisting of territory located generally on the northern edge of I~the District, on the west edge of NW Kaiser RD, north of West Union RD and south of NW Mitchell ST.) Proposal No. 3456 - Tualatin Hills Park and Recreation District (Wash.) (Annexation) (Consisting of territory located generally on the west edge of the District, on the south edge of W Baseline RD, north of SW Hennig ST, east of SW 194th AVE and west of SW 191 st AVE.) Proposal No. W-457 - City of Hillsboro (Extraterritorial Water Line Extension) (Wash.) (Involving two extensions to territory outside the City. The first consists of aPProximatelY 50' of 1" line from the CitY's 4" line in SW Lovegren DR onto the territory to be served (TL 3300). The second consists of approximately 50' of 1" line from City's 18" line in SW Cherry Grove DR onto territory to be served (TL's 1700 & 1800) 5/4/95 Agenda - Page 2 • Proposal No. *67 - City of Hilisb.oro (Annexatioo(Wash.) (Consisting of territory located generally on the east edge of the City, on the south edge of SW Borwick RD, north of SW Lois ST, east of SW 229th AVE and west of SE 68th AVE.) Proposal No. 3462 - City of Hillsboro (Annexation) (Wash.) (Consisting of territory located generally on the east edge of the City, on the north edge of NW Dogwood ST, south of NW Chestnut ST, east of NW 230th AVE and west of NW 229th AVE.) Proposal No. 3463- City of Hillsboro (Wash.) (Annexation) (Consisting of territory located generally on the east edge of the City, on the north edge of SW Lois ST, on the west edge of SW 219th AVE, south of SW Borwick RD and west of Baseline RD) • Proposal No. 3464 - City of Hillsboro (Wash.) (Annexation) (Consisting of territory located generally on the east edge of the City, on the south edge of SW Frances ST, north of SE 68th CT, west of SE 73rd AVE and east of SE 67th AVE.) Proposal No. 3465 - City of Hillsboro (Wash.) (Annexation) (Consisting of territory located generally on the east edge of the City, on the north edge of SW Drake LN, west of SW 239th AVE and south of Rock Creek.) , Proposal No. 3459 - City of Tigard (Wash.) (Annexation) (Consisting of territory located generally in the SW part of the City, on the south edge of SW Walnut ST, north of SW Fonner ST and east of SW 121 st AVE.) Proposal No. 3461 - City of Lake Oswego (Clack.) (Annexation) (Consisting of territory located generally on the north edge of City, on the south edge of SW Knaus RD, on the west edge of SW Goodall RD, north of SW Goodall CT and east of SW Thoma RD.) Proposal No. 3458 - City of Sherwood (Wash.) (Annexation) (Consisting of a portion of road ROW located generally in the southeast part of the City, east of S Pine ST, west of SE Sherk PL; more particularly a section of SE Sunset BLVD.) Proposal No. 3460 - City of Tualatin (Wash.) (Annexation) (Consisting of four sections of road ROW located generally on the SW edge of the City; more - particularly, portions of SW 105th AVE, SW Blake ST, SW 108th AVE, and SW Ibach ST) Proposal No. 3467 - Clairmont Water District (Clack.) (Annexation) (Consisting of territory located generally on the north edge of the District, on the east edge of Clackamas River DR and on the west edge of Brunner RD.) 5/4/95 Agenda - Page 3 ~ ` ~ ~ ' • 7. Other Business Consideration of Resolution No. 74 - Initiating withdrawal of certain property within Lake Oswego from the Clackamas County Enhanced Law Enforcement District. i 8. Adjournment ~ I 5/4/95 Agenda - Page 4 . • ~ ~ May 4, 1995 Hearing PROPOSAL NO. 3459 - CITY OF TIGARD - Annexation Petitioner: City of Tigard; Troy Hunt; Judith Martin 90th Day: June 29, 1995 Proposal No. 3459 was initiated by a resolution of the Tigard City Council and petitions of a majority of the registered voters and owners of a majority of the land area to be an- nexed. The resolution and petitions meet the requirement for initiation set forth in ORS 199.490(2)(a)(B), double-majority annexation. If the Commission approves the proposal, the boundary change would become effective on the date of approval subject to the provi- sions of ORS 199.519. The territory to be annexed is located generally in the west part of the city , on the south edge of SW Walnut Street, east of SW 121 st Avenue, north of SW Fonner Street. The territory contains 10.07 acres, 1 single family dwelling, an estimated population of 4, and is evaluated at $131,640. REASON FOR ANNEXATION The staff report received from the City of Tigard states: "The owners are requesting annexation in order to develop the land, which requires sanitary sewer service. The proposed boundary change should be made to allow the land to develop at urban density with the City providing the planning and urban services." A 40-lot single-family residential development is planned. BOUNDARY COMMISSION POLICIES The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. Proposal No. 3459 - Page 1 ~ ~ I • LAND USE PLANNING Site Characteristics. The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a wetland in the southeast corner of the site. Surrounding parcels contain single-family residences to the north, east, and west; and vacant land to the south. ReQional Planning. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washinqton Countv Plannin4. The territory is located to the West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West , Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibili- ty for development in both the City and the County, Washington County has agreed to adoPt a Plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." ~I The site is designated R-6, 6 units per acre with a minimum lot size of 5,000 square feet. ~ Washington County has a single designation for planning and zoning. Countv 2000. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity, in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. Urban Plannina Area Agreement. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: "A. Active Planning Area 111. Definition "Active Plannin4 Area means the incorporated area and certain unincorporat- ed areas contiguous to the incorporated area for which the CITY conducts Proposal No. 3459 - Page 2 . • ` comprehensive planning and seeks to regulate development activities to the greatest extent possible..... 2. The CITY shall be responsible for comprehensive planning within the Active ' Planning Area. ; "3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-1 1 within the Active Planning Area. "4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. "5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. "6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. "7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area." "IV. Amendments to the Urban PlanninQ Area AQreement B. Prior to the commencement of periodic review for the Citv of Ti4ard and the Countv's Urban Areas IApril, 19891, the CITY and the COUNTY shall mutual- ly study the following topics: 111. The feasibility of expanding the "active planning area" to include the current "area of interest" and assigning land use planning responsibil- ity to the CITY. 2. The feasibility and cost-effectiveness of the CITY and the COUNTY contracting to provide building inspection and plan review services, administer development codes and collect related fees within the active planning area. Proposed revisions to this Agreement shall be considered by the CITY and the COUNTY as soon as analysis of the above topics is com- plete, subject to the time constraint and other requirements of the i COUNTY's land use ordinance hearings and adoption process. "C. The parties will jointly review this Agreement every two (2) years, or more frequently if mutually needed, to evaluate the effectiveness of the processes Proposal No. 3459 - Page 3 ~ ~ . set forth herein and to make any necessary amendments. The review process shall commence two (2) years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve any inconsistencies that may have developed since the previous review. If, after completion of the 60 day review period inconsistencies still remain, either party may terminate this Agreement." Citv of Ti4ard Plannin4. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City shall require that: "a. Development coincide with the availability of adequate service capacity including: "1. Public water; "2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is ob- tained; and 3. Storm drainage. "b. The facilities are: 111. Capable of adequately servicing all intervening properties and the proposed development; and 2. Designed to city standards "c. All new development utilities to be placed underground." According to the City, the relevant criteria in the Tigard Comprehensive Plan Polices to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria; and Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. For the Boundary Commission's reference the annexation policies of the City's Plan, Policies 10.1.1 and 10.1.2 are provided here: 10.1 Prior to the annexation of land to the City of Tigard: "a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: " 1. water; "2. sewer; "3. drainage "4. streets; Proposal No. 3459 - Page 4 I ' . • • • "5. police; and "6. fire protection. "b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: i 111. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: "a) water; "b) sewer; "c) drainage; and "d) streets. "10.1.2 Approval of proposed annexations of land by the city shall be based on findings with respect to the following: "a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or "b. 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; , "c. The police department has commented upon the annexation; "d. The land is located within the Tigard urban planning area and is contiguous to the city boundary; "e. The annexation can be accommodated by the services listed in 10.1.1(a). 10.1 .3 Upon annexation of land into the city which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation." The City determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings below. "1. Plan Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT [Citizen Involvement Team] and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. "2. Plan Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that Proposal No. 3459 - Page 5 • • adequate services are available and may be extended to accommodate the affected property. "3. Plan Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right- of-way adjacent to the property to the annexation; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property." The City determined that the proposal is consistent with the relevant portions of the Community Development Code based on the findings below: 111. Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. I~ c. The zoning designation of R-4.5 most closely conforms to the county I designation of R-6 while implementing the city's Comprehensive Plan desig- , nation of Low Density Residential. i d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area." FACILITIES AND SERVICES Sanitarv Sewer Service. There is an 8-inch sewer located along the eastern boundary of the property. The developer will be responsible for installing the collector sewer lines in the project, and these lines will then be turned over to the City which will own and maintain the lines. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornetius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wet- Proposal No. 3459 - Page 6 ~ . • • lands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and , out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City- , County UPAA) unless the City approves. ~ The City is responsible for billing the customers after service -is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than USA charges and keep the difference to offset City costs. Monthly sanitary sewer user charges are a base rate of $13.25 per month qlus a consump- tion charge of $.90 per 100 cubic feet of water used by the customer. These City charges ' are the same as those charged by USA in the adjacent unincorporated area. USA assesses a property tax which goes toward payment of bonds sold to construct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. Water Service. The site can be served by a 12-inch water line located adjacent to the property in SW Walnut Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the Proposal No. 3459 - Page 7 • • charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agreement/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in the Walnut Street area include a $635 system development charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total installation charge of $1,170 for a standard 5/8" or 3/4" meter. The bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. Police Service. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. i Transportation. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 430 feet of frontage along SW Walnut Street, which is functionally classified as a major collector. Tri-Met service is available from the #45 Garden Home bus which stops at the corner of SW Walnut Street and SW 121 st Avenue, to the west of the site. Vector Control. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. Street Lights. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses Iocal improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. Proposal No. 3459 - Page 8 . • • • The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. Parks. Tigard operates a park system funded through its tax base which finances the general fund. The system consists of one city-wide park, one community park, four neighborhood parks and three mini-parks. Storm Drainaae. The site drains into a wetland located in the southeast corner of the property. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. Under City Plan policy 7.2.1 the City requires as a pre-condition to development that: a. A site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse off-site impacts; b. Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can solve on-site drainage problems and will ensure no adverse oft-site impacts; c. All drainage can be handled on-site or there is an alternative solution which will not increase the off-site impact; e. Erosion control techniques be included as a part of the site development plan. RECOMMENDATION Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit A, the staff recommends that Proposal No. 3459 be approved. Proposal No. 3459 - Page 9 . ~ i 3-59 PROPOSAL NON . , e c~. ~C a. _ Dl r~4f~~~ 6rod~Y corMr n,c , ~ , t + ~ ~W ~ t • I l f ~r h~h L 1 ~ ' ~ ~Ykt . ' ~ e~ T{ RO p n g a ~ s . R .v°' I I ❑ i 1_.-:yy \ • ~ ~ y Ct. C~~•• ' ~L ~ $ c.jL rn~.a o. ` d ' `.a.~ 5 Nwr co~1raA~ 6J`~ cl ~ r o••'~ p ir. CT.~, ~ C-C TIGARD- ' R. u.t ri.~ ci. ~ n. 7 C y ~ SrarI t, ' ~L C kp, w a 1 s w. d ti i.w~ y~' (~i+thl t' t~o[ ` t • , ~ ~ t.. M a ' s . ci. e?y + tt • cl. ..ra. a ~ ~ •o.~n .a.oo. tt. .ut~ o f L~S~ ~nr~ ♦ rtr, .•i br ~ u cr ' :~w.nt s~ F H c °tV a ~ - • w4i < s~s , ~ a~ f brr CL Y t• ~4 i. ~ 5O - n t.e s- ~ ~ ~ d KwIM 31 _ ~M ft ~t+i Mti ~ ~ S ~ ~ : O r ♦ I4 ~ ~ ~ _ ~ cwa, ~ . ~e.t• ~ ' r I ~ 1. 1 . tl. .n. ~ . r ~ ~ F . '4 44^' J ~ AREA TO BE ' _ ~ 4 _ ~4_ t - ~ ANNEXED u : , i - -P - < r _ ~ ~ ~ - . VLr, • ^ ~ i^ I ~ ~ •.d4. ~tl ~ p^7: . • ~y,.~IN. I / Jr /i ~ • , I ~ NiY, wt r1~~ Q AREA SHOWN euLL, UNT ABOVE ~ I yl i ~ ~ r { ~ ~ ` ~ , o~• ~ ' ' s ~r„ l • i.a~ t ~ f' ! j` c~ r~~~~■ ilY + PROPOSAL NOo 3459 CITY OFIT~~GARD e•r - ` ANNEXAT J FIGURE 1 i • PROPOSAL NO. 3 59 SE1/4 NW1/4 SECTION 3 T2S R1W W.M. 2S 1 3BD Washington County Scale: 1 250' W ALNUj L ~i~,,.eel. M 100 " .o..... ~ , „6C= I'~k TIGARD ~ ` % .w ~ . , , ~ . • ` . o n ~ , . ~ ~ / ~ ~eoa« I I \ S' n I . I ♦ f~ . •~,I: :I • • ~ I ]0. . 1 ~ . ~ i • . ~ r . I y I•' 90- +1~: . . ~ ~ ~ '02~a i00i • ' ;.i ~ ~ ` • y~ ' ~ . ' ' ! . V:~•: ,~oo.~ AREA TO BE W ~ - ~ ::'s: Z ` . s•:: 1300 ANNEXED Q j: Z° ; S. 1~• •y ~ I' 11 ••4 pLACE 1 i ...r 16W ~ ~ SCE w-n /'--1 500 ::oc ~V ts i :ac , _ . - , ; _i; ~xo ~ ~•oo - I fi i2 6, IM , . W s.l ~STREET .~..e y S W CARMEN ~'u • ~ ~ iea~ i z,a~ ' iw~• ~:ea~ ~ t.x zs7o 3OOJ 2970 ~ • ~ ~ I A _~t ,1 • . ~ r a . i ~ [i; 2 $ii ~ ' o~ lf {i.'?: • ~ • t: ~I .~i~~ - :100' ~ tee. • ~•.r.s,.a,.'~ <aOC / I K I~.f •Tt•. i• A1sr ~ i400 a~, I stJ4 ~7 tpq 6pS[SS' I~• ~:l tf• r t• I. i . I~ I I vUNY03C4 C' ~ DO H07 NfL` iE • L` I4001 FOF 1N10'- ~ vj 1 ~ •I 1 3 `a~~~~". i •I 6~' ' I 1 :rr i,~~~ ~1~ I• - ~ <w ~.go"c I)~D : SUO. I tx !M ; I~t~: „ ~ CO I•.GO ~ 1 ~ ~ - ' 6 5' 1 ~•t " i : i ti., 11 v. ..v... .n. ! ,a .u ~i~ •,u t.. I ' cc • osr..or. LFONNER STREM . ~ 2S I , ' - - - PROPOSAL NOo 3459 CITY OF TIGARD ANNEXATION FIGURE 2 . • . • Exhibit A Proposal No. 3459 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed contains 10.07 acres, 1 single family dwelling, an estimated population of 4, and is evaluated at $131,640. 2. The owners are requesting annexation in order to develop the land, which requires sanitary sewer service. The proposed boundary change should be made to allow the land to develop at urban density with the City providing the planning and urban services. A 40-lot single-family residential development is planned. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrange- ments in the long term. ' 4. The site slopes gently downward from southwest to northeast. There is a forested area covoring the southern portion and a wetland in the southeast corner of the site. Surrounding parcels contain single-family residences to the north, east, and west; and vacant land to the south. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The territory is located to the West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the ~ area will ultimately have to annex in order to receive urban services for develop- ment. Although most of the West Tigard Planning Area will have to refy on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." Findings - Page 1 of 7 i ~ Exhibit A Proposal No. 3459 The site is designated R-6, 6 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 7. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 8. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposaf falls within the "Active Planning Area" as designated in ~ the UPAA. ' The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: "A. Active Flanning Area "1. Definition "Active Planninq Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the ' greatest extent possible..... "2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. "3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Active Planning Area. "4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. "5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Findings - Page 2 of 7 • • Exhibit A Proposal No. 3459 Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. "6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area." 9. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effec- tive. The City has policies requiring new development to be serviced with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City shall require that: "a. Development coincide with the availability of adequate service capacity including: "1. Public water; "2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and "3. Storm drainage. "b. The facilities are: "1. Capable of adequately servicing all intervening properties and the proposed development; and "2. Designed to city standards "c. All new development utilities to be placed underground." The relevant criteria in the Tigard Comprehensive Plan Polices to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria; and Chapters 18.136, Annexations; and 18.138, Estab- lished/Developing Area Classification of the Tigard Community Development Code. 10. There is an 8-inch sewer located along the eastern boundary of the property. The developer will be responsible for installing the collector sewer lines in the project, and these lines will then be turned over to the City which will own and maintain the lines. Findings - Page 3 of 7 • • Exhibit A Proposal No. 3459 The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City- County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than USA charges and keep the difference to offset City costs. Monthly sanitary sewer user charges are a base rate of $13.25 per month plus a consumption charge of $.90 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA in the adjacent unincor- porated area. USA assesses a property tax which goes toward payment of bonds sold to con- struct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 11. The site can be served by a 12-inch water line located adjacent to the property in SW Walnut Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovernmental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the Findings - Page 4 of 7 . • • • Exhibit A Proposal No. 3459 • intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the i City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the , charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agree- ment covers the original boundary of the District, at the time of the Agree- ment/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in the Walnut Street area include a $635 system development charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total installation charge of $1,170 for a standard 5/8" or 3/4" meter. The ~ bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 12. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current levet is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protec- tion to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. 13. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. I Findin9s- Pa9e 5 of 7 I • • . Exhibit A Proposal No. 3459 14. The territory is within the boundary of the Washington County Urban Road Mainte- nance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 430 feet of frontage along SW Walnut Street, which is functionally classified as a major collector. Tri-Met service is available from the #45 Garden Home bus which stops at the corner of SW Walnut Street and SW 121 st Avenue, to the west of the site. 15. The territory is within-the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 16. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon ' annexation it will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by , a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. ' 17. Tigard operates a park system funded through its tax base which finances the general fund. The system consists of one city-wide park, one community park, four neighborhood parks and three mini-parks. 18. The site drains into a wetland located in the southeast corner of the property. The Unified Sewerage Agency levies an annual assessment for storm drainage ' services of $36 per dwelling unit of which $24 goes to the City. Findings - Page 6 of 7 . . , • • Exhibit A Proposai No. 3459 REASONS FOR DECISION Based on the Findings the Commission determined: 1. The proposal is consistent with City, County, and Regional planning for the area. 2. The City can provide an adequate quantity and quality of public services to the area. 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). Findings - Page 7 of 7 . , • ~ ' May 4, 1995 Hearing PROPOSAL NO. 3459 - CITY OF TIGARD - Annexation, Additional Information Petitioner: City of Tigard; Troy Hunt; Judith Martin 90th Day: June 29, 1995 On April 25, 1995, the Boundary Commission staff received the attached letter from Oscar Clark, a citizen living in the area of the proposed annexation (see Exhibit B). While actual development of a specific property falls under the purview of planning departments at either the City of Tigard or Washington County, it is appropriate for the Boundary Commission to compare the policies of each 1'urisdiction which address the issues raised by Mr. Clark. A review of these policies can clarify some of the terms under which development could occur, but cannot determine if and when the property should be developed. PRESERVATION OF A NATURAL AREA The Washington County Comprehensive Plan for the West Tigard Planning Area does not identify the wetland on this property as a Significant Natural Resource on its Figure 3 map (see Exhibit C, with Area to be Annexed shaded and outlined). The County's Development Code contains the following provision: "422-5 State and Federal ReQUlatorv Guidelines Development within a riparian area, Water Areas and Wetlands, or Water Areas and Wetlands and Fish and Wildlife Habitat, shall obtain all required local, state and federal permits." Since the territory to be annexed is not currently within the City limits, the wetland on the property is not included in the City's wetland inventory. However, the City of Tigard has identified the southeast portion of the property as a potential wetland on its area topogra- phy map, and the subdivision application notes pertaining to this property show a require- ment to delineate and protect this area (see Exhibit D). The City's Zoning Code contains the following: "18.84.028 General Provisions for Wetlands A. Wetland regulations apply to those areas meeting the definition of wetland in Chapter 18.26 of the Community Development Code, areas meeting Division Proposal No. 3459/AI - Page 1 ~ • ' of State Lands wetland criteria and to land adjacent to and within 25 feet of a wetland. Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon," Scientific Resources Incorporated, 1990. B. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by qualified professionals at the applicant's expense. (Ord. 90- 29)" A wetland is defined in Chapter 18.26 of the Code as "land often called swamp, marsh, or bog, that exhibits all of the following characteristics: A. The land supports hydrophytic vegetation. This occurs when more than 50 percent of the dominant species from all strata are classified as wetland species; B. The land has hydric soils. Hydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile; C. The land has wetland hydrology. Wetland hydrology is permanent or period- ic inundation, or soil saturation for a significant period (at least one week) during the growing season." Since wetland regulations are set by the federal government, and administered by the state government, the question of whether the wetland portion of the property would be better protected in the jurisdiction of the County versus the City is largely moot. Since the property is located well within the Urban Growth Boundary, it is likely that development will occur at some point. Since the property is also located in an area that has been designated as being in the City's "Active Planning Area" (as outlined in the Washington County-Tigard Urban Planning Area Agreement), it is clear that local and regional plans call for development of this site to conform to City standards, following annexation. DRAINAGE Mr. Clark is concerned that development of the property would eliminate the site's natural drainage. The staff report quotes City Plan policy 7.2.1 which calls for natural drainage to be maintained if possible. Washington County's development code also requires a drainage plan with an application for a development permit: Proposal No. 3459/AI - Page 2 . ' • • 412-2 Drainaae Plan Drainage plans are to be neatly and accurately drawn, at an appropri- ate scale that will enable ready identification and recognition of submitted information. A drainage plan shall include: * 412-2.4 Existing and proposed drainage channels including drainage swales, wetlands, ditches and berms; 412-2.5 Location and design of any proposed facilities for stor- age or for conveyance of runoff into indicated drainage channels, including sumps, basins, channels, culverts, ponds, storm drain and drop inlets; 412-2.6 Estimates of existing and increased runoff resulting from the proposed improvements." Both jurisdictions appear to prefer maintaining natural drainage. Since both jurisdictions also have policies that protect existing wetlands, there would seem to be a good chance that the natural drainage on this property would remain intact. TRAFFIC Mr. Clark also expressed concern over an increase in road traffic. Walnut Street is classified as a Major Collector on the East Washington County Functional Classification System map (Washington County Transportation Plan). The Plan describes Major Collectors as follows: "Major Collectors are intended to serve traffic from Local Streets to Arterials and are public thoroughfares with a lesser degree of present or future traffic than an Arterial." The Washington County Transportation Plan contains the following policy in its Streets and Highways Element: "1 1.0 Road Jurisdiction Policy: It is the policy of Washington County to retain jurisdiction of a countywide road system that serves major intra- and inter- County travel movements. Implementing Strategies: 11.1 Retain or assume jurisdiction of Arterials and Major Collectors that exhibit the following characteristics: Proposal No. 3459/AI - Page 3 • • • ~i C) Routes that serve inter-city or inter-community movements ~ (primarily Major Collectors)" I Since Washington County plans to retain control over Wafnut Street, the annexation of adjoining property to the City of Tigard would have no effect on the maintenance of this road. Both jurisdictions' development codes list detailed standards for street construction within developments. However, the City's standards appear to be more stringent, with more requirements for elements such as sidewalks and bike paths. As an example, the City's code requires a minimum roadway width of 34 feet for a local street in a developing area [18.164.030 E.1.a], while the County's code calls for a minimum of 22 feet [501-8.1 B.2.(b) An increase in traffic would occur whether the property is developed in the County or in the City. As stated above, this site is likely to be developed in the future, and the City is the preferable provider of an urban level of services. Proposal No. 3459/AI - Page 4 ~ . " • ~ oa,ien ~ PRoPosAL ruo. 3a s~ OSCAR H. CLARK 11800 ►S W Carm en, Tigard, OR 97223 (503)590-1682 April 19, 1995 Portland Boundary Commission 800 NE Oregon Boa No. 16 Portland, OR 97232 Dear Portland Boundary Commission, You will soon be reviewing the annexation of a piece of property that borders Walnut Street, Cannen Street and Fonner Street into the ciry of Tieard. I would like to let you know I oppose this annexarion, and let me tell you why. If this piece of land is annexed. I foresee destrucrion of what is now a wildlife habitat, a drainaee pond, and a valuable part of our environment. The south end of this property is wooded and y home to several types of animals. It's another case of humans taking over the wildlife's habitat. After being annexed, it most likely will become a developer's paradise! If development of this land occurs, it could mean more calls to Oregon Fish & Wildlife due to wildlife because the wildlife will probably be feasting on future gazdens and bothering homeowners. The pond on this , acreage and the area azound it collects local storm runoff. This would also probably be destroyed, meaning inore storm drains and more pollutants into our local streams. . I am also concerned over the possibility that road traffic will be increased. We alreadv have quite a traffic load on neirhboring streets. This all could mean more congestion and more air pollution in the area. Thank you for tal:ing my comments to heart. It was only aweek ago when one Hollywood star visiting our beautiful area said how movie makers are drawn here because we are one of the few places in the U.S. that srill has natural, pristine spots. Please help keep it that way, and don't allow this piece of property to be annexed into the city of Tigard, and ultimately destroyed. Sincerely, ~ POR71AND UM~RO qR~ osc~ H. cl~k Y CnUp#1eq10N APR 2'5 ~q9~ WEST TIGARD PLANNING EA WASHIN N COUNTY SIGNIFICANT NATURAL RESOURCES C O M P R E H E N S I V E P L A N SOURCE: CITY OF TIQARD COMPREHEN8IVE PLAN VOLUME 1: RESOURCE F I G U R E 3 DOCUMENT. 1084 a O WASHINGTON COUNTY ~ 1"15 4.. IS COMVI1LD I40M pYl(~IN~t M.T[aI.L5., DEPARTMENT OF LAND USE AND TRANSPORTATION aF~,:C.,~s ,o«YOMC O[TAqSOI(~SEN[iEA PLANNING DIVISION SEPTEMBER, ~984 ^W f0 Tw( SOUpC 4~ C 1(p1 1115 O4 TH( WASMIMGTON COU,ifY , 0(-\l1IAT Of L_O JSf lNG TA^ N5004T.7.CM , W A5 Fi . < < I % $ Q , ~ BEAVERTON O% Q ~ FERR%'.---•~• ~.S ~ o~ SL~ j N. DAKOTA `Li • . 1 < ~ Rt f 've > ~v O ~ ¢ A~' ~ ~ ~ ~"1 . N r 1 ~ • ' r" r rr+ NORTH ~.-j < I 1 iGAARDE McDONALD SCALE Feet 0 1000 2000 4000 ~RD r-~ 0 1/2 1 010!~ Miles / s a PLANNING AREA BOUNDARY g~`` ~ I UURHAti1 ~ KIN - " G TIGARLDIMIT - - - - - - I'"` 1-„ ! 1 I cirY . ~ I g RI~fR ~ WILDLIFE HA8ITAT : WATER AREAS /WETLANDS FISli AND WILDIIFE H/►BITAT ) ~ • AREATO BE TUALATIN ANNEXED - - - V " / . Er" ENS171VE LANDS -0 ' ~ The Code provides r tions for lands which are potentially unsuitahle for develo ent due to areas with{n the 100-year oo naturai drainageways, wetlartd areas, on sfnpes in excess of 75 percent. or on unstahle ground. Staff will attempt to preliminarily ~ identify sensitive lands areas at the pre-application conference based on availa6le information. HOWEVER, the _tespnnsi6ilitv tc ~ precisely.,identifv sensitive lands areas and their boundaries, is the resaonsibilitv of the applicant. Areas meetina the def(nitions of ~ sensitive lands mus Be clearlv indicated on olans suhmitted with the dev2lnqment analication, (Refer to Code Chapter 18.84) ~ Chapter 18.84 alsa pravides regulatians for the use, protection, or modification of sensitive lands areas. AeSidential develoament is arohihited within floadnlains. lm most cases, dedicatian of 100•year floadplain areas tn the City for park and open space areas i' required as a condition of the a roval o NARRATlVE The appficant shall submit a narrative which provides findings for all applicahle approval standards. Failure to provide a narrative or adequately address eriteria wauld he reasnn to cansider an application incomplete and delay review of the proposal. Applicant shauld ~ review code for applicabfe criteria. NElGH80AH00D MEETING The appiicant shall notify all property owners within 250 feet and the appropriate C1T Facilitator of their proposal. A minimum of 2 weeks hetween the mailing date and the meeting date is required. Please review the land Use Notification handout concernini site posting and the meeting notice. RECYCLING 116 ADDITIONA! CQNCERNS OR COMMENTS; , I ~ L~ v~~ct~~+^. I5S k,e,.5 t1~~o.•-,e. 1s ~ks GL ~i~/'~t cy 5' r~c r ~s l'oH hQ ~ u~ ~ +0'U~ ~ ~ o o d"r.✓.~ d4 In 4__ r~" 6 'T h e_ t..~ ~v Y Ae,.- ej,~~~~ W a~.~✓• `tc~l U.Q. ~ ~"~2a~ C.v~ 1`~-G~ I . PR o c Enu RF llzv-v 7C 2 1~ c wi a.o Administrative staff review. ~ wj, at~, .~'btie hearing he{are the Land Use Hearings Officer. ~ hlic hearing hefore the Planning Commissio,,. -with the Cammissian making a recommendation on the praposal ta the C(t -ld by the City Council. 4 t',H,a-,,< a"H6 rl 7~p44 e- I ~ _ ~ Gtt~Qi <f PROPOSAI, Np, Page 6 of 1 i _ 04/25/95 12:59 $503 731 4068 ED/OCEAN CITY OF TIGARD 9002 ~ oscAR H. cL.A. A.P. K- 1180D SW Carmen, Tigard, UR 97223 (503)590-1682 Apri119, 1995 PortlandBoun Commiccipn . _.~.-..L~: __-<'56~$i5h' - - - - • - Box No. 16 Partiand, OR 97232 Dear Portland Boundary Commission, You will soon be reviewing the annexation of a piece of property that borders Walnut Street, Carmen Street and Fonner Street into the city of Tigard. I would like to let you know I oppose this amnexation, and let me tell you why. If this piece of land is annexed, I foresee destruction of what is now a wildlife habitat a drai.nage pond, and a valuable part of our environment. The south end of this property is wooded and home to several types of ani.mals. It's another case of humans taking over the wiIdlife's habitat. After being annexed, it most lilceiy will become a developer's paradise! If development of this land occurs, it conld mean more calis to Oregon Fish & Witdlife due to wildlife because the wildiife w17l probably be feasting on future gardens and bothering homeowners. The pond on fliis acreage and the azea arouad it callects local storm ruaoff. This wonld atso probably be @estroyed, meauiag more storm drains and more pollutants into our local streams. I am also concerned over the possibility that road traffic will be increased. We already have quite a traffie load-on-neighboring streets. _This-all could mean more-eongestion and more-air pollutioir in the area. Thank you for taking my comments to heart. It was only a week ago when one Hollywood star visiting our beauiiful area said how movie makers are drawn here because we aze one of the few places in the U.S. that still has natural, pristine spots. Please help keep it that way, and don't allow this piece of pzoperty to be annexed into the city of Tigard, and ultimateiy destroyed Sincerely, os~ H. Cl~ eOUND R~ ~~A Y (.'nMp~reqJQ~ p~ 2.15 ~ • ~ • I Notice #1 Posted on a 4' survey lath approximately 12' north of south ' curb at the end of pavement on Carmen Street. Notice #2 Posted on a 4' survey lath approximately 0.5' south of stop sign located on the northeast corner of Fonner Street and 121st Avenue. Notice #3 Posted on a 4' survey lath approximately 1' south of power pole #2172 located on the north side of Fonner Street. Notice #4 Posted on a 4' survey lath approximately 1' east of power pole #2476 located on the south side of Fonner Street. Notice #5 Posted on a 4' survey lath approximately 6' west of the yellow directional arrow warning sign at the right turn in Fonner Street north of power pole #2476 located on south side of Fonner Street. Notice #6 Posted on a 4' survey lath at power pole #2160 on north side of Walnut Street. Notice #7 Posted on a 4' survey lath approximately 6' north of northwest I corner of area to be annexed. ~ Notice #8 Posted on a 4' survey lath approximately 3' north of the corner of I lot 19 of the subdivision called Walnut Grove. Notice #9 Posted on a 4' survey lath approximately 6' south of the pavement edge of Walnut Street and 21' northeast of the stop sign on the southeast corner of Walnut Street and 121st Avenue. Notice #10 I ' Posted on a 4' survey lath approximately 0.5' south of the stop sign ~ ' on the southeast corner of Walnut Street and 121st Avenue. I I CLACKAMAS " Ml'JLOMAH ~ •WASHINGTON '1' A 1 '1'1 AN, 7A' A 1 ' GOVERNMENT :1 1A' 1 1 000 NE OREGON STREET R 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731•4093 PL) BLIC 1\10TICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, MAY 4, 1995, IN ROOM 602 MULTNOMAH COUNTY COURTHOUSE, 1021 SW 4TH AVE., PORTLAND, OREGON, THERE SHALL BE A PUBLIC HEARING BY AND BEFORE THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ON PROPOSALS, INCLUDING THE ONE LISTED BELOW. INTERESTED PERSONS MAY APPEAR AND WILL BE GIVEN REASONABLE OPPORTUNITY TO BE HEARD. PROPOSAL NO. 3459 - ANNEXATION TO THE CITY OF TIGARD of territory located generally in the SW part of the City, on S edge of SW Walnut ST, N of SW Fonner ST, E of SW 121 st AVE; more particularly, TL 100, SE 1/4 NW 1/4 Sec. 3, T2S R1 W W.M., Wash. Co., OR. GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING 731-4093. APRIL 5, 1995 RAY BARTEL, CHAIRMAN . STAFF COMMISSIONERS KENNETH S. MARTIN, ExecuUve O(licer RAY BARTEL, Chalr MARILYNN HEIZENMAN DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT KELLY PAIGE, Executive Assistanl BOB BOUNEFF SUE LAMB LANA RULIEN, Adminlslrative Assistant N/1THALIE DARCY , ~ ~ • ~ ~ PROPOSAL ■ 3 59 SE1 /4 NW 1/4 SECTION 3 T2S R1 W W.M. 2S 1 3BD Washington County Scale: 1 250' ' • ,~;;.~XSi.£,?Yz;~~=~:~"•w' W pl'NUj ` ~ ~oo „ ..«..v .."30o•, I ix.,' • TIGARD r,,, i11 wc,.. ~ ~ i ',1 , ' \ I i { ~eoo r.•. I ; e~ ~ Y~e = • . i~ _ ~ . . . .'S.' • ~ =I `.S: AREA TO BE :,a° c•:•: : w " LOO0° ,o ANNEXED ~ Q ~ w, ,a~ I_ ~iC4 •~4 IT'[ ~ T 1 P? . 7l. SCC .V-o CE 25 ~ :nc . j,. P ~ ct l ' - ti! 22C0 -78 . , ~ . , . . ;c` ~ = ~ i I s~; i~S y• 1 R \~1 L.` ~l ' . CARM 'STREET EN • • ••S . ° ~isoa l ~:ec r.x - j • ~ 2 I~ i~;? .1 ,i... x~_ i - - ` - -•i. .k ..v, ~'n asstss• p~RDOSE3 C' DO NOT pCL` ~ :1~0 ' . ii ~pR ♦NY 07_ ~ 3~L• . ~r ~1 I• I N'• ` . ~ rot i i!. I .o: , s`. V, ~ - , . <x ~ y ~ ! rn 1~ ~ ~ ' • r ~t ~ ~ f:SM "iir ,I I tI .I S--Er- V • .a • ~ ~ ~ •I i:i t . . ~.r i ~ ~ •I 1 A~ • , . S W„t - _FOhNER STREET% . . 2S I ' • PROPOSAL N0, 3459 CITY OF TIGARD ANNEXATION FIGURE 2 CLACKAMAS MULTNOMAH WASHINGTON PORTLAND METROPO ' ' R ' O ' GOVERNMENT ; 1 1 A' 1 H 800 NE OREGON STREET N 18 (SUITE 540) PORTLANO, OREGON 97232 PHONE: 731-4093 April 10, 1995 Ray Valone City of Tigard 13125 SW Hail Bivd Tigard OR 97223 Ref.• 3459 Dear Ray: The Boundary Commission Statute, ORS 199.410 to 199.534 authorizes posting of Public Hearing Notices within the area(s) to be annexed . (n order to meet the requirements of ORS 199.463, they need to be posted by April 20. 1995. Therefore, we would appreciate your cooperation in posting a copies of the enclosed NOTICE OF HEARING and map. They shouid be posted in conspicuous places within and/or immediately adjacent to the involved area(s) and they should be placed in a manner reasonably calculated to be observed by the public. (The additional copy of the hearing notice is for your records.) Also would you please send us an "AFFIDAVIT OF POSTiNG." Thank you. Kenneth S. Martin Executive Officer KSM/Imr Enclosures STAFF COMMtSS10NEAS KENNETH S. MARTIN, Executive O(ficer RAY BAfiTEL. Chair MARILYNN HELZERMAN DENIECE WON, Executive Assistant TOM WHITTAKER, Vice•Chair SY KORNBRODT KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB IANA FULIEN, Administrative Assistant NATHALIE DARCY • ' - ~ ~ CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Annexation of qroposal No. 3459 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, John R. Hadlev begin first duly sworn, on oath, depose and say: ~ That I posted in the following public and conspicuous places, a copy of Notice of , public hearing of the Annexation of Proposal No. 3459 a copy of said notices being hereto attached and by reference made a part hereof, on the 12th day of April .1995 . See attached list of notice locations. Subscribed and sworn to before me this 12th day of April , 1995. ~ _ ~-e-orA,lv~~ucLic NotarY Public f re9on b. ?;?;5 My Commission Expires: IoginUca\affpost TOPS 11 FORM 46808 0 P cTL :t1D {liETROPOLITAN A?tEA LOCAL v3cild^i:.PIT'EGU:'tiDAP.Y CO:LMjSSLJ:i_ (SUIiE 540) 800 N.E. G3EGOt+ # 16 PORTLAND, OR 97~32 (731-409j) ~ O O m o~ ~ n3 37 O C] ca o~ m m cZi D m o 2'°T fn G ' Ifl 0 ■ ~ o l ~ ) oK 0 n ao x > OZ m k- 37M A = FZ Y ❑ = D - - ~ m ~ m ( < ~ m 0 o ~ r ~ U) ~ ~ O ~ ~r ; ` + • • CITY -OF TIGARD, OREGON RESOLUTION NO. 95- 1? A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED_IN EXHIBIT A AND-ILLUSTRATED IN EXHIBIT B (ZCA 95-0001) (Replaces Resolution 95-14) WHEREAS, the Tigard City Council held a hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; and f" WHEREAS, the Tigard City Council is authorized by ORS 199.490j2)(a)(B) 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 lies within the boundary of the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 anii the Washington County Vector Control District would, by operation of ORS 199.510, be automatically withdrawn from those districts immediately - . upon completion of the annexation. ~ NOW, THEREFORE, BE IT RESOLVED by the,Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(2)(a) (B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local = Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified . copies of the resolution with the Portland Metropo.litan - Area Local Government Boundary Commissi n at once. FASSEV: This oZ k~ day , I995. Ma - City f Tigard AZ"~EST: e~~~~ ~ - Certif+ed to be a Tr e o{ City Recorder - City o Tigard py . . Original on file C.t 3 /ag/q s Date . ' By: RESOLUTION NO. 95-~ C* ecorder City f Tigard Page 1 Da$e. q ~ . . ~ • • _ . STAFF REPORT EXHIBIT A . March 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTB 1.General Information CASE: Zone Change Annexation 95-0001 ~REQUEST: To annex one parcel of 10.07 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. - APPLICANT: Troy Hunt Judith Martin' 8170 SW 87th 10275 SW Hazelbrook Portland, OR.97223 Tualatin, OR 97062 OWNERS: Same REPRESENTATIVE: Ernie Platt Matrix Development Corporation , 7160 SW Hazelfern Road, Suite 100 Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WCTM 2S1 3BD, lot 100 (see map). 2. Vicinity Information Properties to the north, west, south and along part of the . eastern boundary are in Washington County and zoned R-6. Properties to the northeast (across Walnut Street) and along • most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Background Information . , The applicant's representative approached the city with a _ request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. - 46 Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a 1 . • . ~ • ' wetland in the southeast corner of the site. ' One single family house is on the property. The parcel has approximately 430 feet of frontage along Walnut Street, which is functionally classified as a major collector. I, . The applicants have requested that the 10.07-acre parcel be i, annexed by means of the double majority method to the city. ; City staff have included the Walnut Street right-of-way ' adjacent to the property in the annexation request (see Agency Comments below). The proposal includes the request to initiate annexation to the city-and to change the zone only on the property. Because the property is in the city's active : planninq area, it has already been assigned a Tiqard ' Comprehensive Plan designation, which is Low Density Residential. 5. Agency Comments The Police, Engineering and Planning departments have agreed to include the entire Walnut Street right-of-way adjacent to . the affected parcel in the proposed annexation in "order to facilitate more efficient police and utility services. No other comments were received when this report was written. B. FINDINGS AND CONCLIISZONB The relevant criteria in this case are Tigard Camprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the I relevant portions of the Comprehensive Plan based on the ' following findings: - 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and : surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity _ delivery to annexed parcels, is satisfied because the Police Department and other service providersd' indicate ' that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to the annexation; the affected land is located within the 2 I - • ` J • ' ' • 1 cit 's urban lannin area,and is conti uous to the cit I! Y P g 9 Y ~ boundary; anci adequate services are avaiiable 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: ~ 1. Code Section 18.136.030, requiring approval standards for 1 annexation proposals, is satisfied'because: ~ a. Service providers have indicated that adequate ~ faCilities and serv~ces are available and have , sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code , provisions have been reviewed and satisfied. c. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan _ designation of Low Density Residential. d. The determination that the affected property -is a -developing area is based on the standards in , Chapter 18.138 of the code. , 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area. - C. R$COMIIriENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. . ~ . 3 i I . " . • • . ~ ~ EXHIBIT o . • • • ' T .~j!,~,%%i . . • . • ~ . . . • . . . . . \ ' .Y •T.. ~ . ~ a - w ~ - ~ z - z z a ~ - a ~ 111TH•. , ' I.i. Q V ~ ~ - U. ~ ~ ~ .L~'.. . ~ • i . VICINITY EXHIBIT MAP 0 W~AREA THINCCRRELIM,TS NO TH ~ AREA TO BE ANNEXED soaio r.soo• FEET 0 400 800 ZCA 95-0001 ra%msowr%noCOVVaSOwav~wo vsvaa II - , AGENDA ITEM # For Agenda of- March 28. 1995 CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SiJNIlKARY ISSUE/AGENDA TITLE Zone Change Annexation ZCA 95-0001 PREPARED BY: Ray Valone DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council re-adopt the resolution initiating a request to the Boundary Commission to annex one parcel of land consistinq of 10.07 acres ,located south of Walnut Street at the 116th Avenue intersection. STAFF RECOMMENDATION Re-adopt the resolution. INFORMATION SUMMARY Resolution 95-14, adopted by the council on March 14, 1995, was forwarded to the Boundary Commission as part of the annexation application. Upon review, Boundary Commission staff discovered that the resolution lacked the correct citation of the Oregon Regulated Statute regarding the double majority method of annexation. The attached resolution reflects the correct citation and format as requested by the Boundary Commission. OTHER ALTERNATIVES CONSIDERED None. - FISCAL NOTES None. . CITY OF TIGARD, OREGON RESOLUTION NO. 95- A RESOLUTION INITIATING ANNEXATION TO -THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B _ (ZCA 95-0001) (Replaces Resolution 95-14) WHEREAS, the Tigard City Council held a hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed -annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) 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 lies within the boundary of the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lightinq District 11 and , the Washington County Vector Control District would, by operation of ORS 199.510, be automatically withdrawn from those districts immediately upon completion of the annexation. _ NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: , Section 1: The City Council, pursuant to ORS 199.490(2) (a) (B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and illustrated in Exhibit B. ' Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local 1 Government Boundary Commission approve the proposal and effect it as soon as possible. - ' Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1995. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard ' Date RESOLUTION NO. 95- Page 1 I ~ . ~ - I 1 . . CITY OF TIGARD OREGON ~ March 20, 1994 Kelly Paige, Management Analyst Portland Metropolitan Area Local Government Boundary Commission 800 NE Oregon Street, Suite 540 (#16) Portland, OR 97232 Dear Kelly: I am writing to request space on the Boundary Commission's hearing of May 41 1995. The enclosed packet includes the information needed to i.nitiate anexation under the double majority method. If you have any questions or need additional information, please contact me at 639-4171. Thank you for your prompt attention to this matter. Sincerely, Ray Valone Associate Planner Enclosures nAiog;n\my\zcanrg.Pbc , 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • CITY OF TIGARD Tioard Branr.h ?230 oas NO 13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK T'tgard, OR 97223 Ut Oregon ~ f (503) 639-4171 Tigard, ore9on VOID AFTER 180 DAYS s " • . Q~J~~19 * * * * 5. =G PAY ***1f105 D O L L A R S AND NO ~ E tJ T S TO TIiF ORDER UF CITY OF TIGnRD PORTIAND NETP,O AREA LCCAL 9 0 U N D A R Y C0 M M I S S I 0 N 800 NE OREGON ST #115 PORTLAND OR 97232- f~;,~.':, AuUioriznrl $ignatmr_ CITY OF TIGARD, TIGARU, OREGUN tin INV DATE INV NO DESCRIPTION AMOUtVT 03/15/95 ANPJEXATION 1105.00 ~ r , • CITY OF TIGARD, OREGON • •RESOLIITION NO. 95- 1y A RESOLIITION INITIATING ANNEBATION TO THE CITY OF TIGARD OF THE TERRITORY A3 DESCRIBED IN EBHIBIT A AND ILLIISTRATED IN EBHIBIT B (ZCA 95-0001). WHEREAS, the Tigard City Council held a public hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law 199.410 to 199.519; and WHEREAS, ORS 199.490(5) (a) gives the governing body the authority to initiate a minor boundary change by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(5)(a), hereby initiates proceedings for annexation to the City of Tigard the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at ce. PASSED: This day of ~ , 995. Mayor - i y of Tigard ✓ ATTEST: w~ tY~lir~ City Recorder - City o Tigard 3/lc..lfq S Date RESOLUTION NO. 95- Page 1 , • • STAFF REPORT EXHIBIT A March 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0001 REQUEST: To annex one parcel of 10.07 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. APPLICANT: Troy Hunt Judith Martin ' 8170 SW 87th 10275 SW Hazelbrook Portland, OR 97223 Tualatin, OR 97062 OWNERS: Same REPRESENTATIVE: Ernie Platt Matrix Development Corporation 7160 SW Hazelfern Road, Suite 100 Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WCTM 2S1 3BD, lot 100 (see map ) . 2. Vicinity Information Properties to the north, west, south and along part of the eastern boundary are in Washington County and zoned R-6. Properties to the northeast (across Walnut Street) and along most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Background Information The applicant's representative approached the city with a request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a 1 • • wetland in the southeast corner of the site. One single family house is on the property. The parcel has approximately 430 feet of frontage along Walnut Street, which is functionally classified as a major collector. The applicants have requested that the 10.07-acre parcel be ~I annexed by means of the double majority method to the city. City staff have included the Walnut Street right-of-way adjacent to the property in the annexation request (see Agency Comments below). The proposal includes the request to initiate annexation to the city and to change the zone only on the property. Because the property is in the city's active planning area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. Agency Comments The Police, Engineering and Planning departments have agreed ~ to include the entire Walnut Street right-of-way adjacent to the affected parcel in the proposed annexation in order to facilitate more efficient police and utility services. No other comments were received when this report was written. B. FINDINGS AND CONCLIISIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisf ied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to the annexation; the affected land is located within the 2 , • • city's urban planning area and is contiguous to the city I, boundary; and adequate services are available to I 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: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisf ied. c. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. 3 ' EXHIBIT B . . : . : .'L' Y 'T::•. ~ I:l ' ~ ~ . H laaae %o a w W ~ ~ ~ Q / R V H ~ f1J ~ Z Z Q J a ~ ~ 1117N: . . . : ~a4•. Q ~ a c~ - ~ LL 0 > . F . . Simone . : ORtt ~ ~I . V C- . . . . . . VICINITY EXHIBIT MAP ~ AREA CURRENTLY WITHIN CITY LIMITS No TH ~ AREA TO BE ANNEXED Scale 1'+400' FEET 0 ao0 800 ZCA 95-0001 w\asoAr\nocov\►ELSOwo\A►NSx:xowa 2irive ~ ~ PNIAL GBC FORItit #15 P E T I T I O N FOR r L V i V E Y , 1 T I O N T O T H E C I T Y OF T i g a r d , OREGOtV T0: The Council of the City of T i g a r d , Oregon We, the undersigned property owners of and/or registered voters in the area described below, hereby peririon for, and give our consent to, annexation of the area to the City of T i g a r d . If approved by the city, we further request that this perition be forwazded to the Portland tifetropolitan Ares local Government Boundary Commission for the necsssary procedures as prescribed by ORS 199.490(2). ?he property to be anne:ced is described as follows: (Insert Legal Description Itere ~ atiacla it as Erliibit "A 17 Revised 11/93 • • I LEGAL DESCRIPTION FOR ANNEXATION A tract of land located in the Northwest one-quarter of section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, described as follows: Beginning at a point in the east line of the Northwest one-quarter of said Section 3, said point bearing N 000 46' 00" E a distance of 517.34 feet from the center of said Section 3; thence N 001 46' 00" E, along the east line of said Northwest one-quarter of said section 3, a distance of 1129.66 feet to the northerly right-* of-way of S.W. Walnut Street; thence S 780 35' 11 W, along said northerly right-of-way, a distance of 430.65 feet; thence S 000 46' 00" W, parallel with the east line of the Northwest one-quarter of said Section 3, a distance of 1044.70 feet; thence N 890 57' 46" E, parallel with the south line of said Northwest one-quarter of Section 3, a distance of 421.00 feet to the point of beginning. Containing 10.52 Acres, johnrh\3bd100.anx 5?8.3g11~W 43~ 65/ S w wA1.NUT VE: WALNUT GRO F ~ W U Q ~ ~ ir ~ 3 vi ur. o ~ Q Ci :t N O O 0 ~ Z O a' O 0 N ~ CARMEN PARK S.W. CARMEN STREET N89'S7'46'E 421.00' S.W. FONNER STREE'T • • PItiIALGBC FORItit #4 CERTIFIC.4TION OF LEGAL DESCRIPTION tLVD ji/LiP I hereby certify that the descriprion of the property included within the attached perition (located on Assessor's Map 2 S 1 3 B D 1 has been checked by me and it is a true and e.cact descriprion of the property under considerarion, and the description corresponds to the attached map indicaring the property under consideration. NAT-,4E /1- ~AV~ A. KA F d.N TITLE s E,.►~ o c a P-TcG za P rt E72 DEPARTMENT ASS E~'~sSM E N I i TA K ~4 iToN C OUNTY OF t-i A s N, ti G7-0 ^1 DATE FeB,eW,4Ry Co, ►945~ 19 Revised 11/93 PETITION SIGNERS - NOTE: This putition muy bu sipnud by yuuli(iud pursons uvun thou(jh Ihdy rnny not know their property daycription ur prncinct numbar. SICNA7uRE PHIN7ED NAME 1 AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT i► DATE PO RV OV LOT If 1/4 SEC. T R Troy E. litint x 100 3 t3D 2S lW ~ r Portland, OR9722 Judi th Marti n X 10275 SW I-laz c Tualatin OR97062 100 Judith Martin X same 100 3f3D 2S 4J Trustee ['aul Cherarhrlnkn aj2-_ X 11570 igard,OR 97223 Sandra Cheracha o I QIL igard, OR 9722 • PO = Proporly Ownor RV = ftopislernJ Votnr OV = Ownor Vo1nr PETITION SIGNERS . NOTE: l lii:; puiilion nwy bu sitjnu(l I,y yuuliliod pursons uvun thouuh thuy muy not know thdir property dnacription ur prncinct numUar. SICNATIIRE PRINTEn NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT II DATE PO RV OV LOT C 114 SEC. T R Troy E. Iiunt _x 100 3 aD 2S 1LJ A Portland, OR97221 _.Judi th Marti n X 10275 SW I _ ~Tualatin,OR97062 100 ` J di th Marti n X same 100 313D 2S W Trustee Paul ChPra_rhankn_.lr X 11570 i ard OR 97223 Sandra Cherachan o igard, OR 9722 ' PO = Property Ownor RV = Ropistardd Votur OV = Ownar Votnr pETITION SIGNERS , NOTE: This putiiion inuy bu sipnud l,y quuli(iud pursons uvun lhuuqh they mey not know their property dnacription ur precinct number. _ SIGNATURE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT X DATE PO RV OV LOT p 114 SEC. T R Trov E. Hunt x_ 100 3 aD 2S 1W Portland, OR9722 Judith Martin X 102 5 S ualatin OR97062 l0U Judith Martin X same 100 3BD 2S W Trustee Pa ►1 Cherachankn ,lr X 11570 igard,OR 97223 ` andrL. (~uraci ) Sandra Ciieracha o i on yS igard, OR 9722 ' PO = Property Owner RV = Repisterud Vulnr OV = Ownot Volnr i • • PAIAL GBC FORlII' #16 CER7IFIGiT10N OF PROPERTY OWNERSHIP ' • (Double Majority Method) I hereby certify that the attached petirion for annexation of the territory described therein to the City of T i Q a r d, 0 R 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 roll. rrANE .Q 7 Qa►~L A. RMA+J TTTL$ 2 CA 2 -/-7c> G JZA P 14 E* DEPARTMENT A ss Ess h1 Eti i i T-Ax aTC oA1 COUNTY OF Wds4t^jC• + OQ DATE _ FE3 Z vA-Fz y 6,~( q~ S * "Owner" means the owner o£ the title to real property or the contract purchaser of real i . ProPerty. PMALGBC FORM #17 j CERTIFICATION OF REGISTERED VOTERS I hereby certify that the attached petirion for annexation of territory described herein to the City of T i 9A r ci - n R contains the names of at least a majority of the electors registered in the territory to be annexed. NAME , TITLE ./i DEPARTMENT covrrrY oF , DATE . ~ 18 Revised 1I/93 . . ~ • PIYIAL GBC FORitit #19 (This form is NOT the petition) ALL OWNERS OF PROPERTY AND/QR RLGISTERED vOTERS INCLUDBD I1V BOUNDARY CH.4NGE PROPOSAL AREA (To be completed IF the proposal contains 10 or fewer land owners/registered voters. Please indicate the name and address of all owners/voters regazdless of whether they signed an annexarion perition or not.) This is for notificarion purposes. . NAi OF OWNERNOTER ADDRESS PROPERTY DESIGNA?ION (Indicate tax lot, section number, Township and Range) (1) Troy E. Hunt 8170 SW 87th TL 100, 2S1 3BD Portland, OR 97223 (2) Judi th Marti n 10275 S4! Hazel brook TL 100_i2S1 36D Tualatin, OR 97062 (3) Judith Martin (trustee) same Ti 100, 2S1 3Rn (4) Paul Cherachanko Jr 11570 S W Walnut TL 100. 2S1 3BD _ Tigard, OR 97223 (5)Sandra Cherachanko 11570 SW Walnut TL 100. 2S1 36D _ Tigard, OR 97223 (6) (7) 20 Revised 11/93 , • • • P1titALGBC FORItit #20 DO UBLE Mf1JORITY WORK SHEET Please list all properties/registered voters included in the proposal. (Tf needed, use separate sheet for additional listings). _ PROPERTIES Properry Assessed Signed Petition Designation Name of Owner Acres Value Yes No ' (Tax Lot #s) TL 100, Troy E. Hunt 10.07 $131,640.00 ~ 2S1 36D same Judith Martin same Judith Martin (trustee) TO?AL.S 2 10.0 $131,640.00 ' ~ ~ Ravised 11/93 . • • ~ P1tiIALGBC FOR1tit #20 (continued) REGISTERED VOTERS ADDRESS OF REGISTERED - NANIE OF REGISTERED SIGiNED PETITION Voter Voter Yes No 11570 S.W. Walnut Tig. Paul Cherachanko, Jr. 11570 SW Walnut, Tigard Sandra Cherachanko X . ' TOTAI.S 2 ~ SUMtiIfIRY TOTt1L iNUMBER REGISTERED VOTERS IN THE PROPOSAL, 2 NT1UQvfBER OF REGISTERED VOTERS WHO SIGNED PERCENT'AGE OF REGISTERED VOTERS WHO SIGVED ?OTr1L ACREAGE N PROPOSAI. 10 . 07 ACREAGE SIGNED FOR ~y /G' - ~ ~ PERCEINTAGE OF ACREAGE SIGiNED FOR 23 Revised 11/93 . . • P1tiIAL GBC FO.RItiI #6 • BOU1YDrlRY CHA IVGE DATA SHEET 1. FYISTING CONDITIONS IN ARE4 TO BE .rLVNEY.ED OR WITHDRAWN A. Land Area: Acres i Q. 0-7 or Square Miles B. General description of territory. (Include topographic features such as siopes, vegetation, drainage ba'siris, floodplain areas, which are perrinent to this proposal). 11-h:~ S;~ S L~ n~~ G~: ,•~T l, { A o~; N v~ 2~ fn o~-f So ~~1t ti v2;11 n,t ~ A~A h C. Describe land uses on surrounding pazcels. Use tax lots as reference points. ~ S, ~G L'• Tk iC.Y North: C-- S A 2~ ~ ~ East: 'EL N o►. C - r1,,2► a~..,c. t 5 • South: V West: 5,~Gc.~ - ~n.~.~►--; e&-Tc ~~...~LD. Existin-, Land Use; Number of sin;le-family units 1 Number of multi-family units -C-~' - Number commercial structures --FJ Number industrial structures -~F?- Public facilities or other uses -el- o-F What is the current usePthe land proDosed to be annexed: Sti rn11.AL. E. Total current year Assessed Vatuation S ~ 3 1 ~4 t~ F. Total exisring popularion ~o ~;2..- 11 Revised 11/93 . • • II. RF.4SOjV FOR BO UjVDARY CHAjVGE A. ORS 199.462 of the Boundary Commission Act states: "In order to cacry out the purposes described in ORS 199.410 when reviewing a boundary change..., a boundary . commission shall. consider local comprehensive planning for the area, economic, demographic, sociological.projections pertinent to the proposal, past and prospecrive physical developments of land that would directly or indirectly be affected by the proposed boundary change..." Considering these points, please provide the reasons the proposed boundary change should be made. Please be very specific. Use addirional pages if necessary. (This information is often quoted in the Staff Report, so be thorough and complete.) . '`I t Uc.Jvt..Es ~\rLc IZte:Z~lJ~LS"1'~C~ ~NNCr~.1 j1J.v ~.t; .~~L.~ c.~ ~ lrlf;C kA Qct• Q --lc•ZL S SA•v.T~2;- ScZ,..~.L 5~2:.ij~, . i OLC ~ D Ci~ 7~ ~ 13 V 1 tY~"G S IL /l Lt n► D ~.;-V 4.1 OP C~ U .&A~..~ s.~yw;T1,t iG,- P.:.,v c~.' ~L'~NNIr(j A~I/~ Ni2..'~'-~^i SC ~'~-l.C~cS ♦ B. If the properry to be served is enrirely or substanrially undeveloped, what are the plans for future development? Be specific. Describe type (residenrial, industrial, commercial, etc.), density, etc. J1~-,' m III. LAND USE AND PIr4JVNING A. Is the subject territory to be developed at this time? ~c5 B. Generally describe the anticipated development (building types, facilities, number of units). S J c: ..,r. , t ~Z `a . i. c•t, 'S s wo 40 C. Is the subject territory inside or outside of the Metro Regional Urban Growth Boundary? ' 12 Revised 11/93 i ' D. What is the aPPlele CountY Planning Designarion~ . or City Planning Designarion 0- Does the proposed development comply with applicable regional, county or city comprehensive plans? Please describe. , 'C CS /'t Ccar2D: .u G '7t::h 1~, ;t-A e . • 'C;, G I3 ~,'Lu~..+ E. What is the zoning on the territory to be served? . C 0t1h.j_';v-H . LJ-a s u . r~ ~,.~-•-l ~ - b ; u ~ ~ n~,,~,=u~1 i~.o•~.. i w,~.,.-~7 ~c f ~ G.n'iJ) ~ F. Can the proposed development be accomp[ished under current county zoning? Yes ❑ No If No,---has a zone change been sought from the county either formally or informaily. oYes ❑No Please describe outcome of zone change request if answer to previous questions was Yes. G. Is the progosed development comparible with the city's comprehensive land use plan for the area? ~Q Yes ❑ No o Ciry has no Plan for the area. Has the proposed deve(opment been discussed either formally or informally with any of the following? (P(ease indicate) 0 City Planning Commission j~ City Planning Staff ❑ Ciry Council ❑ City Manager Please describe the reaction to the prooosed development from the persons or agencies indicated above. PZ e 6i,.,-i S AL A c c ~•-1.-~ ~~~-n.~ ~ 'L - LS Z~:.,,; tic ~ l ,2 C,. -r,A ' S p c\,CP-. 13 Revised 11/93 . H. Please indicate all p •ennits and/or approvals from a City, ounry, or Regional Government which will be needed for the proposed development If already granted, please indicate date of approval and identifying number: I APPROVAL PROJECT DATE OF FUTURE i FII.E # APPROVAL REQUIItEMENT Metro UGB Amendment I ~ Ciry or County Plan Amendment Pre-Application Hearing (City or County) ~ Preliminary Subdivision Approvat Final Plat Approval Land Partition Condirional Use Variance Sub-Surface Sewage Disposal . Building Permit i Please submit copies of proceedings relating to any of the above permits or approvals which aze pertinent to the annexation. L If a city and/or county-sanctioned citizeas' group exists in the area of the annexarion, please list its name and address of a contact person. IY. SL°RTrICES.4ND UTILITIES A. Please indicate the following: _ 1. Locarion and size of nearest water line which can serve the subject area. ; f ( 2 L: .-k. q;, L uJ .A i.,~.: t,,•~ ~ 5-,Lc,:: ~ 14 Revised 11/93 . . • • 2. Locarion and size of nearest sewer line which can serve the subject area. S•ri 3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can serve the subject area ~`'1 0-v CA 4. The rime at which services can be reasonably provided by the city or district. APn!'-~7JnL lj.1:7 5. The estimated cost of extending such faciliries and/or services and what is to be the method of financing. (Attach any supporting documents.) C~• e-v-CSr w' ~ 6l 3 C j4-! c.rv A t' Tt k- A,v A~- c F S..f,°S.4 i'n2 0 1L~'PuSai- ' -iT :.':LL r--on` ) e~1- 0 r.:.&'- - 6. Availability of the desired service from any other unit of local government. (Please indicate the government.) A 15 Revised 11/93 r B. If the territory tribed in the proposal is presently iniked within the boundaries of any of the following rypes of governmentsl units, please so indicate by staring the name or names of the governmental units involved. City Rural Fire Dist i vNLa7; VAL. . . CN ~tn. M c 7 V cA1rJ :~nS Counry Service Dist. so-~ncr-,=s "'~Vanitary District ~U-SA - Hwy. Lighting Dist. Water District -T~ V n 2'~ Grade School Dist. Drainage District High School Dist. Diking District Library Dist. Park & Rec. Dist. Special Road Dist. Other Dist. Supp(ying Water Service C. If any of the above units are presently servicing the territory (for instance, are residents in the territory hooked up to a public sewer or water system), please so describe. ) P A{ 40 L~ %1- 6 '`lk.d,1 L. S G•L4Cc1 L ( ~l A L.<~ ~ n: ~ ~.c~ r:L ~f~-t ~c. ~.c,r n,.. • j 1 G~?J~ A-T'b A. 7~~►~2i• z-( S APPLICAiNT'S NAiVM ~'1'' ~ ~r T G^n~ iMAII.ING A.DDRES S 13 12 S S~ i1-n v t g1-J6 . (lG~/i~ ~02. `'i-7 zz 3 co.OA4,i..-r : }LA✓ TELEPHONE NCTINMER (Work) (Res.) REPRESENTING DATE: 16 I Revised lli93 . From: FINANCE/CATHY • • Subject: Council Recap - 3/14/95 Meeting To: RAY X-To: #Everyone, #Police Date: 16 Mar 95 11:22:42 Recap - Council Meeting of March 14, 1995 STUDY SESSION - Update: Undergrounding of Utilities After reviewing where fees in lieu of undergrounding have been collected and where they are anticipated to be collected in the near future, the City Council requested staff to draft an ordinance which would: 1. Exempt the downtown area (CBD) from the requirement to underground utilities. This was done to encourage redevelopment of the area by keeping costs for development down. 2. For the remainder of the City, Ordinance language should require both sides of the street to contribute to undergrounding of utilities. (not just the side of the street where the utilities are located) - Update: Grant Avenue Sidewalk After review of optiona presented by the City Engineer, Council decided not to proceed with the project. A formal action will be under consideration on March 28. Council discussed possibility of contributing the money that would have been spent on this project to a signal at 79th/Durham. Council asked staff to notify the Grant Avenue neighborhood of Council's decision so that they can attend the March 28th meeting if there are concerns/objections. - Update: I-5/217 Mayor Nicoli advised Council that the Oregon Department of Transportation ia using a partnering concept for the design of I-5/217 interchange i.mprovements. This concept has been successful in large construction projects. A~ artners meet • at once; any disputes must~e dealt with at the table. Soon, partnering sessions will be held twice a month (6-hour seasions). Larqest problem for this project = funding. It is hoped that the design phase will be completed by August. - Cantebury Property: Council decided to wait for budget procesa to consider request by Interfaith Outreach (assists homeless) to use a portion of the building on Cantebury. Permission will also be needed from the Intergovernmental Water Board. In addition, concerns were noted that there may be aome duplication of effort by agenciea such as Neighborshare. City Administrator and Councilor Scheckla will visit with the Neighborshare Organization. Metzger Park Advisory Board - Councilor Hunt and staff will attend the March 27th Metzger Park Advisory Board Meeting to discuss the LID and park management. Arts - Council agreed that Arts Policy Committee should screen arts/community eventa requests for contributions for the Budget Committee. VISITOR'S AGENDA Jack Polans asked if it would be a conflict of interest to have same law firm represent Tigard as King City if problems should develop with negotiations or if there are concerns with a contract for water with Lake Oswego. City Attorney Ramis advised the law firm would be careful to avoid pacing themselves in any position which could be construed as conflict of interest. Stan Wood - advised of issues of inconsistent enforcement of 'no parking' for more than 48 hours on S.W. 113th Street. Mr. Wood agreed to work with the City Administrator to resolve his concerns. . . MAYOR NICOLI PROCLAIMED: *ONAL • COMMUNITY DEVELOPMENT WEEFC - APRIL 10-16, 1995. CONSENT AGENDA: Council approved the following: 4.1 Council Minutes - January 31, 1995 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Appropriate Contingency for Computer Upgrade Program-Resolution No. 95-12 4.4 Approve Supplemental Budget to Recognize Insurance Proceeds and Appropriate Funds in the General Fund for the Repair of a Patrol Car - Reaolution No. 95-13 ~ 4.5 Local Contract Review Board: a. Award Bid to GTE for Voice Mail System b. Award Bid to Vermeer Northwest Sales, Inc. for the Purchase of a Brush Chipper PUBLIC HEARING - ZONE CHANGE ANNEXATION (ZCA) 95-0001 - HUNT/MARTIN Location: South of Walnut Street at the 116th Avenue intersection. A request to annex one parcel of 10.07 acres into the city and to change the zone from Washington County R-6 to City of Tigard R-4.5. After conducting hearing, Council approved Resolution (95-14) recommending approval by the Boundary Commission of the annexation. Council approved ordinance No. 94-5 Changing the Zone to R-4.5. DISCUSSION - METRO 2040 GROWTH CONCEPT Council agreed to send letter (signed by City Administrator) to Metro requesting that the Washington Square area be designated a regional growth center, Council also discussed the need to get ' the comments Planning Commission on this issue. Input from the Chamber of i Commerce should also be considered. Council discussed concerns that Tigard should note problems with the higher ~ density development being proposed. NON-AGENDA ITEMS . , . ~ Council approved a motion• authorizing the Mayor to sign an application letter for ZSTEA funde for a project on Greenburg Road near Washington Square. Project is estimated to be $300,000 (Grant would fund 908 of the project.) h:mlogin0cathymrecap0331.95 , • CITY OF TIGARD, OREGON• RESOLIITION NO. 95- 14 I A RESOLIITION INITIATING ANNEBATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EBHIBIT A AND ILLIISTRATED IN ERIiIBIT B (ZCA 95-0001). WHEREAS, the Tigard City Council held a public hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law 199.410 to 199.519; and WHEREAS, ORS 199.490(5) (a) gives the governing body the authority to initiate a minor boundary change by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(5)(a), hereby initiates proceedings for annexation to the City of Tigard the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at ce. PASSED: This day of 995. Mayor - i y of Tigard ✓ ATTEST: ~ City Recorder - City o Tigard .311Lil12 S Date Certified to be a True Copy of Original on file G+T:AAd U++ N&tl By: l (~t~h ~c.~,~a-► City Recorder • City of Tigard Date: , RESOLUTION NO. 95- Page 1 0 • • STAFF REPORT EXHIBIT A March 14, 1995 I TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0001 I REQUEST: To annex one parcel of 10.07 acres of , unincorporated Washington County land to the ~ City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. APPLICANT: Troy Hunt Judith Martin 8170 SW 87th 10275 SW Hazelbrook Portland, OR 97223 Tualatin, OR 97062 OWNERS: Same REPRESENTATIVE: Ernie Platt Matrix Development Corporation 7160 SW Ha2elfern Road, Suite 100 Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WCTM 2S1 3BD, lot 100 (see map ) . 2. Vicinity Information Properties to the north, west, south and along part of the eastern boundary are in Washington County and zoned R-6. Properties to the northeast (across Walnut Street) and along most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Backaround Information The applicant's representative approached the city with a request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a 1 • • wetland in the southeast corner of the site. One single family house is on the property. The parcel has approximately , 430 feet of frontage along Walnut Street, which is I functionally classified as a major collector. I The applicants have requested that the 10.07-acre parcel be , annexed by means of the double majority method to the city. City staff have included the Walnut Street right-of-way ~ adjacent to the property in the annexation request (see Agency ~ Comments below). The proposal includes the request to initiate annexation to the city and to change the zone only on the property. Because the property is in the city's active planning area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. Agency Comments The Police, Engineering and Planning departments have agreed to include the entire Walnut Street right-of-way adjacent to the affected parcel in the proposed annexation in order to facilitate more efficient police and utility services. No other comments were received when this report was written. B. FINDINGS AND CONCLIISIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to the annexation; the affected land is located within the 2 f , • • city's urban planning area and is contiguous to the city boundary; and adequate services are 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: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area. C. RECOMMENDATION I Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. i 3 r ` EXHIBIT B :.~:,Y . . .r::.::.::_ . > . r ~ ° o. w o W V • S Z F- N ~ Z Z Q J a 111?N•'• ' ~ Q ~ ~ ~ LL 0 ~ ~ OR~. GT...' ~ I . U c- . VICINITY EXHIBIT MAP 0 wAREA ITHIN CITY No TH ~ AREA TO BE ANNEXED so.ie 1•.400• FEET 0 400 800 ZCA 95-0001 Nh\pLSDAT\TIOCOV\NELSOWO\ANN@X22tOW0 2/2V96 • CITY OF TIGARD, OREGON• ORDINANCE NO. 95- 05 AN ORDINANCE ADOPTING FINDINGS AND CONCLIISIONS TO APPROVE A ZONE CHANGE (ZCA 95-0001, Hunt/Martin) AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on March 14, , 1995, to consider a zoning designation for one parcel located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, on March 14, 1995, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely approximates the Washington County land use designation while implementing the city's existing Comprehensive Plan designation of Low Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: , Tax Map, Lot Number Current Zonina New Zonina 2S1 3BD, lot 100 Wash. Co. R-6 Tigard R-4.5 SECTION 2: This ordinance shall become effective upon filing of the ' annexation final order with the office of the Secretary of State. PASSED: By un~A*1moL45 vote of all Council members present after being read by number and title only, this /4day of =M,&AX.4x-- , 1995. -LV Catherine Wheatley, Cit Recorder APPROVED: By Tigard City Council th' day f~ , 1995. ~ m s Nico i, Ma r v A proved as tm ~(~rm: ' ty Attorney Certified t0 be e l'irU9 COpy of Original on file CA-+ -[T4OLA - Nap Date - By; ORDINANCE xo. 95- 05 City Recorder - City of Tigar Paqe 1 Date: _ 3-11 5-~q5- RECEIVED lNAR 1 41995 Tigard City Council CUMMUNITr UEVELUPMENT Re: File No. ZCA 95-00001 (HuntlMartin) Dear Mayor and Councilors, We request that your resolution initiating the annexation of this 10.7 acre parcel include the following paragraph: Along the southera portion of the western boundary of this - parcel, the adjoining three lots on SW Carmen Strcet shall be considered as classified as in an "established area" with R3.5 zoning. Compreheisive Plan Policies 6.3.2 and 6.3.3, with their unplonetting stcaiegies, shall apply to any developmem of this parcel along the botindary with those three lots (11760, 11765, and 11805 SW Carmen St). Our request is important because of a Catch-22 situation. If the neighboring lots were in the city, they would-nave been designated in an "established area" and they would have bcen assigned city zonirig. But in this case the large undeveloped parcel is annexing before the neighboring established area. By agreement with the county, the City of Tigard is the planning agency for our neighbor6ood. And our naghborhood deserves the fiill scope of protection that is provided in the - Comprehensive Plan. - Sincerely, Bob Bledsce, author and formex chairnaan of NPO #3 , o~ l ~We Don Campbell, 11760 SW Carmen Street Lg- E.J. Karlson, 11765 SW Carmen Street Maureen T. Copeland, 11805 SW Carmen Street "~.o,-_ < --~r~wiy` i .r • ~ 1 ~ I ~ 7 AGENDA ITEM # S For Agenda of March 14, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUNffKARY A-,Jc'Y..T-i o.J ISSUE/AGENDA TITLE Zone Change Pmenela-e.R-t ZCA 95-0001 PREPARED BY: Ray Valone DEPT HEAD OK ~ CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one parcel consisting of approximately 10.07 acres located south of Walnut Street at the 116th Avenue intersection? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation request to the Boundary Commission and to assign a zone designation to the property in conformance with the city comprehensive plan. INFORMATION SUNIlKARY The annexation request consists of one parcel totaling 10.07 acres of land which is contiguous to the City of Tigard. Staff has included the Walnut Street right-of-way adjacent to the property in the request. The owners' representative requests annexation in order to develop the property. Because the territory is located within Tigard's active planning area and has already , been assigned a comprehensive plan designation of Low Density Residential, the~:C=ity Council only need assign a zone change to the property. Attached is a resolution initiating annexation and an ordinance to change the zone -designation from Washington County R-6 to Tigard R-4.5. OTHER ALTERNATIVES CONSIDERED Deny the.request. NOTES FISCAL Since the territory is within Tigard's active planning area, the city is responsible for the Boundary Commission annexation fee of $1,105. . • • CITY OF TIGARD, OREGON • ORDINANCE NO. 95- AN ORDINANCE ADOPTING FINDINGS AND CONCLIISIONS TO APPROVE A ZONE CHANGE (ZCA 95-0001, Hunt/Martin) AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on March 14, 1995, to consider a zoning designation for one parcel located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, on March 14, 1995, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely approximates the Washington County land use designation while implementing the city's existing Comprehensive Plan designation of Low Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax Map, Lot Number Current Zoninct New Zoninct 2S1 3BD, lot 100 Wash. Co. R-6 Tigard R-4.5 SECTION 2: This ordinance shall become effective upon filing of the ' annexation final order with the office of the Secretary of State. . PASSED: By vote of all Council members present after being read by number and title only, this day of , 1995. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1995. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 95- Paqe 1 * • CITY OF TIGARD, OREGON• RESOLIITION NO. 95- A RESOLIITION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY A3 DE3CRIBED IN E%HIHIT A AND ILLIISTRATED IN E%HIBIT B (ZCA 95-0001). WHEREAS, the Tigard City Council held a public hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law 199.410 to 199.519; and WHEREAS, ORS 199.490(5) (a) gives the governing body the authority to initiate a minor boundary change by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(5)(a), hereby initiates proceedings for annexation to the City of Tigard the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1995. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard Date I RESOLUTION N0. 95- Page 1 ~ • • STAFF REPORT EXHIBIT A March 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0001 REQUEST: To annex one parcel of 10.07 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. APPLICANT: Troy Hunt Judith Martin 8170 SW 87th 10275 SW Hazelbrook Portland, OR 97223 Tualatin, OR 97062 OWNERS: Same REPRESENTATIVE: Ernie Platt Matrix Development Corporation 7160 SW Hazelfern Road, Suite 100 Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WCTM 2S1 3BD, lot 100 (see map ) . 2. Vicinity Information Properties to the north, west, south and along part of the eastern boundary are in Washington County and zoned R-6. Properties to the northeast (across Walnut Street) and along . most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Backctround Information The applicant's representative approached the city with a • request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a . 1 ~ • • wetland in the southeast corner of the site. One single family house is on the property. The parcel has approximately 430 feet of frontage along Walnut Street, which is functionally classified as a major collector. The applicants have requested that the 10.07-acre parcel be annexed by means of the double majority method to the city. City staff have included the Walnut Street right-of-way adjacent to the property in the annexation request (see Agency ~ Comments below). The proposal includes the request to initiate annexation to the city and to change the zone only on the property. Because the property is in the city's active planning area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. Acrency Comments The Police, Engineering and Planning departments have agreed to include the entire Walnut Street right-of-way adjacent to the affected parcel in the proposed annexation in order to facilitate more efficient police and utility services. No other comments were received when this report was written. B. FINDINGS AND CONCLIISIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: . 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and ~ surrounding ProPertY owners have been notified of the hearing and public notice of -the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that adequate services are available and may be extended , to accommodate the affected property. -.3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to ..the annexation; the affected land is located within the 2 I 4 • ~ city's urban planning area and is contiguous to the city boundary; and adequate services are 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: 1. Code Section 18.136.030, requiring approval standards for ' annexation proposals, is satisfied because: a. Service providers have indicated that adequate ' facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. 3 ~ ` EXHIBIT B ; . q . . > . ~ a w o ~ . > W ¢ V ~ : : . ~ . 2 'Z f- N ~ . ~ Q . . J a .1117N: . . . . '•'•'~?4'~'•':::•::•'•' Q ~ Q ~ ~ ~ ~ . . . 0 . . . ~ ~ c~~.•. ~ : ~ . . ~ • ..MORti • •GT ~ . ' ` ~ ` : . . . . :.G : ~ VICINITY EXHIBIT MAP 0 CITY LMITS No TH ~ AREA TO BE ANNEXED sosie r.aoo• FEET 0 400 800 ZCA 95-0001 M.\CISDwi\TIGCOV\NEl5DW0\AMNEX72tDW0 7/71/93 EXHIBIT B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : . . . . . . . : : : : ~ , . . . . . . . . . . . . a W ~ . . C~ . Z ~ N i . ~ . ~ . . J ~ 1117N: . ~ ~ ~ ~ . ~ ~ ~ ~ . LL . 0 . ~ c►;... ~ • . . . ~ c- .Z.:::. ~ VICIPJITY EXHIBIT MAP 0 w~AREA THINCCRREL MITS No TH ~ AREA TO BE ANNEXED soafe r..oo• FEET 0 400 800 zCA 954001 r~oroo~r~rwc~ov~wwaowc~~xre+.owo aiavu R E e E iV,.! COMMUNITY NEWSPAPERS, INC. Le9a, P.O. BOX 370 PHONE (503) 684-0360 NotlCe TT 8 O 8 7 • JAN 2 3 I~~~j.'•• BEAVERTON, OREGON 97075 ::ITY QF TIGak! Legal Notice Advertising . • City of Tigard • O Tearsheet Notice _ 13125 SW Hall Blvd. • Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit ~ • The following will be considered by the Tigard Planning Commission on `l an 19 3021995. at 7:30 P.M. at the Tigard Civic Center - Town Hall. - ' ~ • , , . 131•25 S.W. Hall Rid;r-Tiga~~r~d; Orogon 97223. Botli putilic, oral,~and wntt~n'tes'titil`ony is u'vited:'I't~d public ~iearingom this mauer wiU be con-. . . • ducted in accordance with the rulgs of Chapter 18f32 of the Tigard ~ . . AFFIDAVIT OF PUBLICATION Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter precludes an appeal; and . STATE OF OREGON, ) failure W specify the criterion from the Commynity DevelQpment icode or COUNTY OF WASHINGTON, )SS Comprehensive Plan at which a comment is directed p~Cludes 8n appeal based on that criterion; Furtlier information may be obtained from the Kathy Sny,der Planning"Division at 13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by being first duly aworn, depose and say that I am the Advertising calling the Planning Divlsioq af (503) 639-4171. , Director, or his principal clerk, of theTigard-TLaI at- i n mlme; . .•1•} : ; . , : a newspaper of general circulation as defined in ORS 193.010 PUBLIC HEARINC3S::-••'-~- and 193.020; published at Tigard in the ' " ` JJ~'. ~~C y~~, .i ' . af resaid c,ou tynd tat • hat th COMPREHENSIVE PLAN AMENDMENT CPA 94-0006 -,;,r~ i I~ear.inQPCP~, ~4-606 ?ierra Pacific Develop cTFttRAPAC'O('DEVELOPMENT ~ . . a printed copy of which is hereto annexed, was published in the LOCATION•,' Soutl~'of S.W: Scholls Ferry Road, east~of the BonneYill~~~ ~ entire issue of said newspaper for ONE succesaive and ~Wer Administrauon easemeht, north of.S.W. Hillshiie Drive and ivese6~"`.; ~ S.W. 135th Avenue: (WCTIvi 2S1 4, ta~c lot 800;.2S148C, tax lots Q00, consecutive in the following issues: 4nd 1400; and 2S14BD, tax lot 1700). 'Ib amend thC Comprehensive Plan : 4 . Map from Washington County R-6 to Tigard Medium Density Residen•, . ; Ta nu a r 19 19 9 5 tial7;APPI:ICABLE REVIEW CRITERIA: Comprehinsive Plan Chagfers ~2,4.g'10 and 12; Community Development Code Chapters 18.22 and 18,32: ZONE: Currenfly Washington County R-6. s;~•: . , • :s~s,;, ' " ) a ; ~ 71j1VE CHANCF ZnJN 94-0012 SMETS/GEWRTL •LO RIATION::6600 and 6830 S.W. Bonita Road (WC'fM2S1 12AD, tax ' . .500; 200, 300, and 400). A reques't'for a zone change;from I-L (Light ; `Industrial) W I-P (Industrial Park). APPLICABLE REVIEW CRTfERIA: ' Subscribed and sworn to ef re me this ~ th Aav nf arS Community Developtner~t,Code Chapters 18.22 and 18.68; Comprehen= sive Plan Policies 2. 4, 59 7 and 8;.CURRENT ZONE: I-L (Light In-; , • dusMal) The I-L zoning allows public~suppoR facilides, building- main-.'~ Notary P ic for Oregon tenanCe services, man acturing of fin4shed prqducts, packaging~.and ~ pr'o~essing;"wholesal~~ ~ia tep and disWbudon'among other uses ~ My Commi"ssion- Expires: , _ _AFFIDAVIT TT8Q$7?PublishJahuai~1;19,t~9S 3 .G~'< ~ `~~~"1~~'_i.• . , _ ~ a T; F-a • ~1YU,Yt{,. ~ ~s.. ' .i4i.,i:. 25~ Xhi6 i6'`~ PUBLIC HEARING , NOTICE I NOTICE IS HEREBY GIVEN THAT THE TIGAR.D CITY COUNCII., AT A MEETING ON TUESDAY, MAR.CH 14.1995 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVAR,D, TIGAR,D, OREGON, WILL CONSIDER THE FOLLOWING LAND USE APPLICATION: FILE NO: ZCA 95-0001 FILE TITLE: HUNT/MARTIN APPLICANT: Troy Hunt Judith Martin OWNER: Same 8170 SW 87th 10275 SW Hazelbrook Portland, OR 97223 Tualatin, OR 97062 REQUEST: To annex one parcel of 10.07 acres into the city and to change the comprehensive plan and zone from Washington County R-6 to City of Tigard Low Density Residential, R-4.5. LOCATION: South of Walnut Street at the 116th Avenue intersection. APPLICABLE The relevant review criteria is this case are Comprehensive Plan REVIEW policies 2.1.1, citizen involvement; 10.1.1, service delivery CRITERIA: capacity; and 10.1.2, boundary criteria. Community Development Code chapters 18.136, annexation requirements; and 18.138, land classification of annexed territory. ZONE: Presently Washington County R-6. THE PUBLIC HEAR,ING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGAR,D CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES AR,E AVAILABLE FOR PERSONS WITH IMPAIRED HEAR,ING. 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 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEAR,ING TO MAKF ARRANGEMENTS. I ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WR,ITING PR,IOR TO OR AT THE PUBLIC HEAR.ING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL . • • . i WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEAR,ING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEAR,ING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AF'TER FEBRUAR,Y 21, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY I PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER, THE HEAR,ING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGAR,D 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 HEAR,ING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE, OR FAILURE TO RAISE AN ISSUE WITH SUFFICIENT SPECIFICITY SO AS TO PROVIDE THE CITY, APPLICANT, OR OTHER PARTIES TO THE APPLICATION WITH A REASONABLE OPPORTUNITY TO RESPOND, WILL PRECLUDE APPEAL ON SAID ISSUE TO THE STATE LAND USE BOARD OF APPEALS (LUBA). ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY(S) CAN BE OBTAINED FOR TWENTY- FIVE CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER RAY VALONE AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. I ~ ~ Z z Z Q J a urrN. ; R' ' 0 cc Q ~ LL 0 ~ H R. V I ` . . VICINITY EXHIBIT MAP O AREA CUAAENTLY I WITHIN CITY LIMITS AREA TO BE ANNEXED ..oa ~FEET 0 400 d00 ZCA 95-0001 • • ~~~=T~ ~ ' ~ ,1~ . ~b . ~.r:: ta ~ . W > ~ : Z Z - Z Q J ~ a ~ {s4•. ~ ~ ~ Q ~ - H . LL O H- ~ C- . . . . : VICINITY EXHIBIT MAP 0 w~AREA THIN CCT Y L MITS No TH ~ AREA TO BE ANNEXED soaie r.4oo• FEET 0 400 800 ZCA 95-0001 , ~ ►6\OSDAT\TIOCOVVELSDWOVINNE%22LpW0 2/2V93 ~j~~6 : ZCA 95-0001 HUNT/MARTIN fEXATioN (paqe 1 of 3) • _ 251038D-00100 2S103BD-00200 ~ HUNT, TROY CAPPOEN, RAYMOND J MARTIN, JUDITH M TRUSTEE SUZANNE ~ 10275 SW HAZELBROOK 11710 SW WALNUT ST TUALATIN OR 97062 TIGARD OR 97223 2S1038D-00300 2S103BD-00301 ' BLEDSOE, ROBERT C WILLIAMS, LENA MARIE CAROLYN S 11770 SW WALNUT ST 11800 SW WALNUT ST TIGARD OR 97223 TIGARD OR 97223 2S103BD-01900 2S103BD-02000 IADANZA, NICFIOLAS E AND PATTERSON, JOHN IC & VIRGINIA H MARGRET A 15 WESTWOOD RD :-•11865 SW CARMEN ST SOMERVILLE MA 02145 .TIGARD OR 97223 ' .2S1038D-02100 • 2S103BD-02200 COPLLAND, MAIIREEN T(TERRI) RARLSON, L J V I 11805 SW CARMEN 11765 SW CARMEN ST , 'TIGARD OR 97223 TIGARD OR 97223 2S1038D-02300 2S103BD-02400 CAMPBELL, DONALD CLARR, OSCAR H AND DELORIS ALMA W _ 11800 SW CARMEN ST . 11760 SW CARMEN ST TIGARD OR 97223 TIGARD OR 97223 2S1038D-02500 2S103BD-04000 RHONE, HENRY J12 KAWASARI, NOBUO SHARON LE ~ . WAYNE, ROSALIE E 5750 E HILLCREST DR 11860 SW CARMBN PORT ORCHARD WA 98366 TIGARD OR 97223 2S103BD-04400 2S1038A-00108 HORDICHOK, WALTER R TRUSTEE SPRAGUE, MICHAEL M HORDICHOK, YVONNE E TRUSTEE DOLLIE P • 5420 NW SBWELL RD 11650 SW ANN ST HILLSBORO OR 97124 TIGARD OR 97223 2S103BA-00109 2S103BA-00200 LEE, GRF.GORY ALLAN AND JENOVICH, M GLYNN MAXINE ~ RENBE LEYNBTTE 11525 SW WALNUT AVENUE 11590 SW ANN TIGARD OR 97223 TIGARD OR 97223 • 2S103BA-00201 2S103BA-00300 SCROGGIN, MARY LYNN LINDQUIST, MARVIN T& JACRI S 11545 SW WALNUT 11565 SW WALNUT ST TIGARD OR 97223 TZGARD OR 97223 2S103BA-00401 2S103BA-00500 - BANK OF CALIFORNIA, THE TR ROGERS, EUGENE P , 11625 SW WALNUT ST KATEERN J TIGARD OR 97223 11695 SW WALNUT ST TIGARD OR 97223 : - ZCA 95-0001 HUNT/MARTIN#! XATION (Page 2 of 3) ~ 2S103BA-00600 2S103AB-00600 ~ GAARDI3, RICHARD J SWEENEY, WALLACE G& EVA L DOROTHY A 11455 SW WALNUT I 11765 SW WALNUT TIGARD OR 97223 I TIGARD OR 97223 " i 2S103AB-02000 2S103AB-02800 ~I WZSER, RENT C AND BRENDA D STROW, TIMOTHY D& SUZANNE L I 11405 SW WALNUT 5T 12432 SW 114TH TERR 'I TIGARD OR 97223 TIGARD OR 97223 2S103AS-02900 2S103AB-03000 ' RIBP', RONALD L& PA'TRICIA E DISTANT, DOUGLAS & DEBRA V 12454 SW 114TH TI'sRR 12465 SW 114TH;TERRACE TIGARD OR 97223 TIGARD OR 97223 ~ 2S103AB-03100 2S103AC-00900 RBBVES, ROY D/MARY I PARISH, FRED C& LORETA ARANT TR 2Q08 PALISADES TERRACE 11385 SW FONNER ST LARB OSWSGO OR 97034 TIGARD OR 97223 ' F 2S103AC-01000 2S103AC-01100 M& M PROPBRTIES DURNIN, BRYAN P AND JULIS A M $ GRECO, ARTHUR V/GRECO, LEONARD R 11465 SW FONNER ST ATTNs S& T PROPERTIES TIGARD OR 97223 12811 W 85TH CIRCLE ARVADA CO 80005 2S103AC-01200 2S103AC-02200 PARISH, FRED C& LORETA ARANT TR HOLMES, ROBERT W 11385 SW FONNER ST 11400 SW FONNER , TIGARD OR 97223 TIGARD OR 97223 2S103AC-02300 2S103AC-02400 QUIIiBY, BLEANOR N& EARL H P'ILLSR, DAVID E MARY LYNN ' 11480 SW FONNER ST 11500 SW FONNER TIGARD OR 97223 TIGARD OR 97223 . 2S103AC-03400 2S103AC-03500 SHRUM, JULIE M WAXMAN, GARY M-& KATFiERINE M 12476 SW 114TH TERR 12498 SW 114TH TERR . TIGARD OR 97223 TIGARD OR 97223 2S103AC-03600 2S103AC-03700 FBRBSR, KURT A/AMY M BOROK, DAVID AND JULIE JANET SULLIVAN, ROGER J 12532 SW 114TH TERRACE 12512 SW 114TH TERRACE TIGARD OR 97223 TIGARD OR 97224 2S103AC-03800 2S103AC-03900 SPRUNK, ERIC D& B RIMBERLY STEPHENS, GAIL O& JAMES F - 12556 SW 114TH TERR 12578 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 ;ZCA 95-0001 HUNT/MARTIN TION (Page 3 of 3) • - . 9lXA 2S103AC-04000 2S103AC-04100 ~ BOSTOCR, DAVID E& ANGELA K DURFFE, MICHAFs'L D AND 12590 SW 114TH TERR BUTTERFIELD, MELISSA TZGARD OR 97223 12612 SW 114TH TERR TIGARD OR 97223 2S103AC-04200 2S103AC-04300 LIBBRTi SCOTT A AND CYNTHIA M GOETZ, JEANNE 12636 SW 114TH TERRACE 12758 SW 114TH TI3RRACE TIGARD OR 97223 TIGARD OR 97223 2S103AC-04400 2S103AC-04500 LOSR, DOUGLAS E/JANICE L SRIDMORE, DAVID A/JODI R ' 12567 SW 114TFi TERR 12545 SW 114TH TERRACE TIGARD OR 972-24 TIGARD OR 97223 2S103AC-04600 2S103AC-04700 MOHR, JAMSS B SR & CAROL J ABEYTA, JAMES A& IR$NE I 14407 SW TEAL BLVD OE 12501 SW 114TH TER , B]3AVSRTON OR=97005 TIGARD OR 97223 . _ E 2S103AC-04800 2S103BB-04400 NAJDBR, FRANK & RATHLEEN N LIEBERTZ, GERARD J 12487 SW 114TH TERR DOLQURES A TIGARD OR 97223 12483 SW RATHRINE TIGARD OR 97223 HUNT, TROY . MARTIN, JUDITH 8170 SW 87TH - 10275 SW HAZELBROOK POE2TLANID OR 97223 . ZUALATIN OR 97062 - I I AFFIDAVIT OF MAILING STATE OF OREGON ) II County of Washington ) ss. City of Tigard ) ' I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: i That I am a Senior Office Assistant for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEAR,ING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer ~ Tigard City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (marked Exhibit "A") was mailed to each named persons at the address shown on the attached list (marked Exhibit B) on the X49:7 day of February, 1995, said NOTICE OF ~ PUBLIC HEARING/DE ISION as hereto attached, was posted on an appropriate bulletin board on the day of Februar_y, 1995 and deposited in the United States Mail on the :;2j6-' day of Februarv, 1995, postage prepaid. ared Not~ce Subscribed and sworn/affirmed before me on the Ty" day of 19 oFFIcu4 sEAa. -7- WOTARY Puauc-oREGoM NOTAR,Y PUBLI F OREG N C0(~t~ISS10Ri N0. 0~$97P ~ My COMOWoN EXPIREs $EPT. 7, IM MY Commission ExPires; 7 ~ FILE INFO.: 0601" *~IJ140971iV ArVC-xAT 1Q/V NOTICE OF PUBLIC HEARING FOR TFIE C.C.) • . MATRIX ~ ~ DEVELOPIv1ENT CORPORATION II L E T TE R 0 F T R A N S M I T T A L To RAY VNLONE Date 2/10/95 City of Tigard Re Hunt PropertY Annexation we are sending vou REVISED legal description. The call distance highlighted ' in yellow was wrong on the package previously submitted. Please substitute this new legal and destroy the former one. Thanks, Remarks . 7 Copy to From / ' Erni e-~P1 att 7160 5AV. HazelEem Road Suiie 100 Tigard, Oregon 97224-7771 . Phone (503) 620-8080 Fax (703) 598-8900 _ . . - . . . . . . • ~ ' ~ • . : I PACIFI(!0 8405 S.W ?vimbus Avenu: I Beaverton, OR 97005-71=0 LEGAL DESCRIPTION FOR ANNE%ATION A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN AND LOCATED IN WASHINGTON COUNTY, OREGON, SAID TRACT DESCRIBED SPECIFICALLY AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, SAID POINT BEARING NORTH 00°46'00" EAST, 517.34 FEET FROM TIiE CEATTER OF SAID SECTION 3; THENCE, FROM SAID POINT OF BEGINNING, NORTH 00°46'00" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1,083.62 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NUMBER A- 55, ALSO KNOWN AS SOUTIiWEST WALNUT STREET, SAID SOUTH RIGHT-OF-WAY LINE BEING 20.00 FEET FROM THE CENTERLINE THEREOF, MEASURED PERPENDICULAR THERETO; THENCE, SOUTH 78°35'll" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 430.65 FEET; THENCE, SOUTH 00°46'00" WEST, PARALLEL WITH THE EAST LINE OF THE ' NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 998.66 FEET; THENCE, NORTH 89°57'46" EAST, PAR.ALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 421.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 10.061 ACRES. LLAtN REC3 lSTER ROFESSIONAL D SURVEYOR . OREGON JAtJUARY 20, 1969 GARY P. CHRISTERSON 2377 FILE: 4-1097-0701\ANNEX.LEG February 8, 1995 (503) 626-0455 Fax (503) 526-0775 Plannins • EnRineerine • Surveying • Landscape Architecture 9 Environmental Services ~ I ~ UJ T 3 E T STRE.. aN S W WAI.NU ~ ~ R N 0 A.:~55 i ~ , 1 43 35 51,► W , ~ 5 ~8 c 1`~ V - I z o ~ c~ ^ z° k W ~ ~ ~r 3 a ~N op N 4 AREA z ~ Z rn W p~ 10.061AC. c ~ O Wo N ~ P,4RALLEL I I S. VI! f CARIvlt N S7,RLET i t / ~°01NT Or= BtGINNING JJ ~ 421.00' ' - ~ N 189'5 7'46•• ~ REc~tsTEF&M + i S. W. r ONNC'r? PROFESSIONAL LAND SURVEYOR I ~ w I ~ J,I I n_°o oRECo,v < ~K " JAIVUARY ZO. 1989 ' I ~ O GARY P. CHRIS7ERSON ~ O Z 2377 ~ SOUTN LINc' .0F NORTH4lEST ~ ouARrER oF s_cnorv 3 S. W. FONNcR STRcc T 1 N 89 57'46" E~ CEN7cR OF S.-C710N 3 PACIFIC EXHIBI T MAP FOR ANNEXA TION DA1~ FOR MATRIX DEVELOPMENT 2/2/95 pRp,ECi N0. 8405 S.R. NIMBUS ANrENUE 1N NORTHINEST QUARTER OF SECTION 3, 4_,D91_0701 Lii BEAVERTON, OREGON 9700e TOWNSHIP 2 SOUTH, RANGE 1 WEST OF W.M. IN WASNINGTON COUNTY, OREGON SHEET (503) 626-0455 I oF I o r • • , MATRIX DEVELOPMENT CORPORATION I February 9, 1995 RAY VALONE City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 RE: Hunt Property 2S1 3 BD 100 , . 10.07 Acres Dear Ray: Enclosed for your informationis.a preliminary title report on.this°property, dated January 27, 1995. On exhibit "B" I have added the owners and their respective attorneys names, addresses and phone numbers. Please notify all of the appro- priate stages of annexation. , As to a reason for the annexation request:- It is for the purpose of obtaining city urban (utility) services). Please let me know if you need fur.ther information. Yours t. uly, I I Ernie Platt Vice President ~ 7160 S.W. HazelEern Road . Suite 100 ' , . Tigard, Oregon 97224-7771 ' Phone (503) 620-8080 . Fax (503) 598-8900 t1loitiX (ft'16`ttlkS}, i1: th@ StMlltgpDiftt; t}1u''t lwjhiGh gIvev ()ilqiil ic) CI1;Yii'titl(;, , • . • • SEWART TITLE - TRI COUNT*FICE s . Sanctity of Contract PRELIMfNARY COMMITMENT FOR TfTLE iNSURANCE Stewart Title of Oregon, Inc. Order Number: 95095832-W 9020 SW h'ashington Square Rd., Ste 170 Tigard, Oregon 97223 Date:January 27, 1995 Attention: C"harlene Norris (503)671-0540 , SUPPLEMENTAL REPORT Customer Number: Reference: IZ;UNT, MARTIN/MATRIX DEV. Amount Premium ( X) Owner's ALTA Standard (1992) $940, 000. 00 $ 2,008.00 ( } Owner's ALTA Extended (1992) ( ) Purchaser's ALTA Stantiard (1992) ( ) Mortgagee's ALTA Standard (1992) ( g) Mortgagee's ALTA Extended (1992) To Come ( X) Lien Search Government Service Charge $ 25.00 (X) Endorsements 7.4 and 7.11 $ 50.00 ( ) This is a prelimir►ary bi{ling oniy; a consoiidated statement of all charges, credits, and advances, if any in connection with this order wil{ be provided at closing. Stewart Title is prepared to issue on request and on recording of any appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary commitment that as of January 24, 1995 at 5:00 p.m. title of the property described herein is vested in SEE EXHIBIT "B" Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the poiicy form. This commitment is preliminary to the issuance of a policy of title insurance and sha{{ become null and void unless a policy is issued, and the full premium paid. TEWART T{TLE T E OFFICER Rosa L. S ombaug h Description: : SEE EXHIBIT "A" (continuad) . • ~ • SCHEDULE B Order Number: 95095832-W GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency I which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facls, rights, interest, easements or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. (a► Unpatentad mining claims; (b) reservations or exceptions in patents or in Acts authorizing the i issuance thereof; (c) water rights, c;aims or title to water, whether or no1 the matters excepted under (a), (b) or (c) are shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroechments or any other facts which a correct survey wpuld disclose, and which are not shown by the pub(ic records. 5. Statutory liens or other tiens or encumbrances, or claims thereof, which are not shown by the public records. SPECIAL EXCEPTIONS: 6. As disclosed by the tax roll the premises herein described have been zoned or classified for farm use. At any time that said land is disqualified.for such use, the property may be subject to additional taxes or penalties and interest. 7. The herein described premises are within the boundaries of and subject to the statutory powers, including the power of assessment, of the Unified Sewerage Agency. 8. Rights of the public in and to any portion of the herein described premises lying within the boundaries of S.W. Walntit Street. 9. Unrecorded Trust Agreement, including the terms and provisions thereof and such other exceptions as may appear necessary upon a copy being submitted to us for examination. 10. Parties in possession, or claiming to be in possession, other than the vestees shown herein. For the purpose of ALTA coverage, we will require an affidavit of possession be completed and returned to us. Exception may be taken to such matters as may be shown thereby. Continued on next page Page 2 ~ • PRELIMINARY SCHEDOLE B continued Order No. 95095832-W 11. Statutory Liens for labor or materials, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensations, which have now gained or hereafter may gain priority over the lien of the insured mortgage whe*e no notice of such liens appear of record. 12. An accurate survey cf these premises showing boundary lines, and location of improvements and easements, should be furnished for our files prior to our writing an ALTA Policy. Exception may be taken to such matters as may be shown thereby. NOTE: We find no Judgments or rederal Tax Liens against Matrix Development, Inc. NOTE: The premises herein described is commonly known as: 11570 S.W. k'alnut Street, Tigard, Oregon 97223. NOTE: Taxes paid in full for 1994-95: Amount:. $1,855.66 Account No.: 2S1 3BD 00100 Levy Code: 023-78 Key No.: 473641 NOTE: Washington County Ordinance No. 193, recorded May 13, 1977 in Washington County, Oregon, imposes a tax of $1.40 per $1,000.00 or fraction thereof on the transfer of real progerty located within Washington County. RLS/ls cc: Allen Fellows Livingston/Randy Livingston IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT OR YOUR ESCROW CLOSING PLEASE CALL CHARLENE NORRIS AT 671-0540. CHARLENE IS LOCATED AT 9020 S.W. WASHINGTON SQUARE ROAD, SUITE 170, TIGARD, OREGON 97224. . i Page 3 ' • • • Order No. 95095832-W EXHIBIT "A" A tract of land in the Northwest one-quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian', Washington County, Oregon and being more particularly described as follows: Commencing at a point on the East line of the Northwest quarter of ~ Section 3, Township 2 South, Range 1 West of the Willamette Meridian 517.34 feet North of iron pipe at the center of said Section; thence North 0 degrees 46' East along said quarter section line 1103.66 feet to the center of county road; thence South 77 degrees 50' West along the center line of said County Road, 433.5 feet; thence South 0 degrees 46' West parallel with said quarter section line 1023.10 feet to a point 517.34 feet North of the South line of said quarter section; thence North 89 degrees 57' East parallel with the South line of said quarter section 421 feet to the place of beginning. I • . • Order No. 95095832-W EXHIBIT "B" I ---JUDITH M. MARTIN, Trustee of Emmett Hunt Trust, as to an undivided 35 percent interest and JUDITH M. MARTIN, as to an undivided 50 percent interest and TROY HUNT, as to an undivided 15 percent interest, all as tenants in common--- //op'y r. ' Troy Hunt Judy Martin 8170 S.W. 87th Ave 10275 S.W. Hazelbrook Portland, OR 97223 Tualatin, OR 97062 692-3271 Derryck Dittman Randy Livingston 8865 S.W. Center St. 621 S.W. Morrison #800 Tigard, OR 97223 Portland, OR 97205-3811 (Atty for Jady Martin) 224-4840 639-1121 (Atty for Troy Hunt) Ernie Platt Matrix Development Corp. 7160 S.W. Hazelfern Rd #100 Tigard, OR 97224 620-8080 (Purchaser) T2S CouN.n o~~N _ ~E i/4 1/4 WASHtNGTON ALE Q ~ .s•s = 100` a S~£ MAP ZS ~ 3B S~ r w . L'A. µo P•b~~s i ~t~ 1Red~ ld0 . ~ a 200 I , i~• . . ZOOAC. 1 ~ • 3 0fl S A~ '.I3AC T7 '~M,1 400 ,60~ 1 TJ2 l1a . ' . 1 A°' ♦ « ~ p e ~ O-rz ~ o o • M • Q 3fl1 a ~ ~ . ° s s ~ o ~ o „ J ° ~ t o s O 10T.1 ' ~ ` ~~r, i ~ / " 1 ~ , .o~e ~ ~`t•~ ' `d~p ~ 1 , g s t t ,~►~ov~} . ~ i • •x. s 8 s • o ^ 1 x ! t Yt`56• . . 10 o o•`° . Zpd~' , ~ • . , : : 11. ,60p,: F _ ~ • .4 cdi' 4fA.0 ~.s ~od*w 2200 • r S . , C "~~7 ~ 6~ • ~ o 13 $ l9CA: n~."rit • 9 , 0 ~ ~ ~5 i ta 8" • a •~2 r~ . ~ « o: f0 T ,".74 ~ ,..o - cj,, zr.s . sTREE~ - .50 CARMEN . M . .o,ce c , 2 60,0 ~0 p 2300 .0 I O Z~ , V Z100 2ODO 8. ~ 2500 r~ 1 7 8 w 8 1+ ° f'~ - ~ ~ g ~s' •=~a . O ~ .Y 44Dd ~ PDINT 3.69AG ~ ig ~t}RN~S By. COMIEN.04CE ~ 0 ~ TtTLE STEW A~ Dom at A su~ "rc° TMIs MaP ts N R.~N OF AN''~ ~ FoR ^ ,i sHO~n►~+ELoc µES tso ~ABu+,si'r I THE C~MPAW ASSU ExROPs'M91EK ~ . i ~ Jt . ~ MATRIX ~ . . DEVELOPMENT CORPORATION , February 7, 1995 Mr. Ray Valone City of Tigard , 13125 S.W. Hall Blvd. Tigard, OR 97223 i RE: Hunt Property 2S1 3 BD 100 10.07 acres Dear Ray: , Enclosed is the completed application.for annexation to the City of Tigard on PMALGBC forms 15,16,17,4,19 & 20, signed by owners, registerd voters, and Washington County representatives of Assessment and Taxation and Elections. Please place this on the earliest possible agenda for the City Council, which I under- stand to be February 28. Also, it is our request that the Council resolution to approve this annexation include the provision that upon the effective date of the annexation the property be placed in the City of Tigard R4.5 zone. Please keep me advised as to dates and staff reports, and call if there is any question. Your t uly, Er ie Platt I ce President cc. Hal:Keever, W&H Pacific Randy Livingston. . 7160 S.W. Hazelfem Road Suite 100 ' Tigard, Oregon 97224-7771 Phone (503) 620-8080 , Fax (503) 598-8900 , . t11cftt (ri't6'frilcs), n; fhe sfiaftg pain4; thaf k,,,hich gives oligin io 5035260??5 WO-H PACIF[C INC. F-611 T-12-'.s P-002 FEB 03 '95 14:66 ~ • PACIAC 8305 5.W.1Yiunbus Avemto Beavcrtam, OR 97008•7120 ~ EXHIBIT "A" LB6AL D$SCRIPTION FOR ANNMMTIOIQ , A TRACT OF LA1JD IACATBD IN THE NORTHW$ST QUARTER OF SECTION 3 I~ , TOWNSHIP 2 eOUTH, R1lNG$ 1WEST OF THE WILLAMEI'TE MLaRIDIAN AND LOCATED ' IP WASHINGTQN COUN'PY, OREGOIri, SAID TR.ACT DESCRIBED SPECZFICALLY AS FOLLOWS: BEGINNTNG AT A POINT ON THE EAST LZNE OF THE NOItTFiWEST QIIARTER OF SAID SECTIDIJ 3, SAID P4INT BEARING NaRTB 00°46'OU" EAST, 517.34 FEET FROM THE CENTER OF SAID SECTrON 3; TfiENGE, FROM SAID PQINT OF BEGINNING, NORTH 00°46'00" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTAIJCE OF 1,083.62 FEET Ta TflB SOUTH RIGHT-4F-WAY LINB QF COUNTY 120AD NUMBBR A- 55, ALSQ KNOWN AS SOIITHWEST WALNtJT STREET, SAID SOUTH RIGHT-OF-W1lY LINB BEING 20.00 FEfiT FROM THE CSNTERI,INE THEREOF, MEASURED pERPBNDICULAR 2'SERhTO; THENCB, 30UTH 78°35'I1" WEST, AIANG SAID SQUTFi RIGHT--OF-WAY LINE, 460.65 FEST; THEA(CE, SOIITH 04°46' 00" WEST, PAFiA.LLEL WI`1'Ii THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DYSTANCE QF 998.66 FEET; THENCE, NORTH 89°57'46" FAST, PARALLEL, WITH THE SOUTH LTNE 4P THE NORTHWEST QUARTER OF SAiD SECTIaN 3, li DZSTANCE OF 421.00 FE$T TO THE POINT dF BBGINNING. THE ABOVE DEBCRIBSD TRAGT CONTAINS 10.061 ACRES. RE~AE~ PftOFE3MQN11L LAND SiJRYEYCaR G-.~,..•r►~.-- O N JAraUAptr 20. 100 GAAY P. GFMiSTEFA0N 7'7 PI LE: 4-1087-0701 \AIiNEX.I.E~'s F'¢iarvatX 9, 1995 (503) 626-0455 Fa?C (50i) 526-0775 P1amiing • Engineering • Surv .rying • LandscapeArchitecture • Brrviroamental Services ~ 5035260775 W&H PAClFIC INC. F-611 T-1~'s P-093 FEB 03 '95 14:01 w wA~t4UT SrREET N s. r ~r 30- f ~ II7g,35,~~ w r s a ~ U ty Q ^ c` (0 O ~ f ~ cD a c,~ AREA LU or ~ 10, 067 ,ae. li, a ~ ~ C1~ Q~ PAR.0.LLEL I S.W. CARhAEN STREEr / ~PO(N7 OF BEGINNl1VG r✓ 427. QQ' N 89'57'46" E s. w. FONNER ~~ESWNAL S7REET I LnNa suRvEYOR I W .t o w ~o .lNW1AAY 198~ I ~ O GARY P. p~EF1SL1P1 ~ d ~ 2377 ( SOUTH UIVE OF NOR7NWEST C6~JARTER OF SECTIaN -3, S. W. FONNER STREET ( 1V $9'57'46" SEC ON ~ I ! PACIFIC FXN18lT MAP FOR ANNEXA T7ON 2i2 95 FOR MATRlX DEVELOPh9ENT 84b5 S.W. NCMHUB AVFNUE IN lYORTHWES7 QUARTER OF SEC770N 3, aBxxvgrrrorr, oxEGOx 9700e TOWNSH1P 2 SQUTh', RANGE 1 WEST OF W.M. ~ . (503) 626-0455 !N WASNfNG70N CQUN7Y, OREGQN ~T e, . • M . '/I/4 SECTI ON 3 T2 S R I W W. M. 2S I 38D WASHINGTON COUNTY OREGCIN - SCAI..E V= 100' S E E MAP 2S I 38A G .».e ~ B~,.o Cj~ ~,yow 57 CANCCLLCU TAX IOTS n•g5 "l' ~ k, NO ~~.2t ' 2055 °'n uoo, 4100, cm, 000, iooo, V J A~ „ e,. Nl tt~dE „ ~ i6 , ioo 1 fA N 7 9.68 ~ Bd 6 200 1 b. 07 AC. 300 ~ 2oioac. ~ .43Ac. ~ g I n ; ' o I - I . ~ N ^ I h 301 ~I / S'AC. 10 g ~I I o ~ ( • + o ' o ° O I ~ ~ o . P' N N I 1 tl' B . 65 y ISp'W U 5 y7 .v~~~f `i ,.;~%/~~~~IP \ 3 w 0 ~pl' ~ ~D • ~ c,OW 210 • O i, 8 eo 20 p0 y1 w ~ t2' 8 10 a~ . ~g0° z ~ _ 3 m ~4 Y9 o y o N 7`° ~~a. -o N es^34'0o'w --Jj ^7 >,p=40 It SEE MAP ,~78 2S I 3AC I ~ 2200 13 0 1900e ~/3 ~ ~r.r ~ 0 12 9 ~ . h ' • ~ - - 1\l ~J Ns I5 90 Cl Ncfl5 K y BB.O .0134 10.2255 N tN°5OOO"E ~ STREET N @1°]U'OOr E gp0 go.O 900 Bi.D'J 2.600 ZSVV 2400 2300 z, ~ W~ ax m '8 5 gt 6 7 8 w 8 O \ z \ NB9°67' E 421.0 NB9°50'E , ..~.!9~~ '~•?G~i'A~:A;:u.Gti,:'fi: i:'r.:~:n~`i'///~i 4..~~A.6:TRi%l«~ ~ 191E NB'PJI-E 290 N N 07°~4E INITIAL POINT 4 400 4000 3. 69Ac. j 0 2.40AC. - FOR ASSESSMENT I'URPOSES ONl_Y ,n DO NOT RE LY ON • 0) FOR ANY OTHER USE . ac ^ ui ; - 225 n ~ ~ 4401 + N ~ .9/Ae i, ,I, . o . ~ ~ ~ 1 « W S li ' ftlll 1 1' 1 ~ M 1 1 , ~ • MATRIX • . . ._DEVELOPMENT CORPORATION L E T TE R 0 F T R A N S M I T T A L To RAY Valone Date 1/25/95 City of Tigard Re Hunt Property, Walnut Ave 13125 S.W. Hall Blvd. Tigard; OR 97223 we are sending you a copy of the petition (PMALGMBC #15), signed by the owners and the registered voters. The legal description attached is from the preliminary title report, and goes to the center of the street. My engineer is amending it to describe only the net property, exclusive of the roads. I will get it to you ASAP, and will circulate it to Wash. Co for the appropriate signatures in cartography and elections. Remarks Please get us on the earliest possible council agenda for the resolution, Feb 27or28?? as we have discussed. . Thanks, ~ ~ CoxDy to From Ernie Platt ~ 7160 S.W. HazelEem Road Suice 100 Tigard, Oregon 97224-7771 Phone (503) 620-8080 Fax (503) 598-8900 . . : . . ~r.: _ , . . ~ P1VIAL GBC FORM #1 S ~ P E T I T I O N FOR A N N E X A T I O N TD T H E C I T Y OF T i g a r d . , OREGON TO: The Council of the City of T i g a r d Oregon We, the undersigned propeny owners of and/or registered voters in the area described below, i hereby perition for, and give our consent to, annexation of the azea to the City of I T i g a r d . Tf approved by the ci ty, we further request that this petition be forwarded to the Portland Metropolitan Ares IocaI Government Boundary Commission for ~ the necessary procedures as prescribed by ORS 199.490(2). The property to be annexed is described as follows: (Insert Legal Description Jr.ere OR attaclx it as E;.lcibit "A Order No. 95045832-W EXHIBIT "A" ~ A tract of land in the Northwest one-quarter of Section 3, Township 2 South, Range 1 West of the Willame'tte Meridian, Washington County, Oregon and being more part.icLlarly described as follows: Commencing at a point on the East line of the Northwest quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian 517.34 feet North of iron pipe at tne center of said Section; thence North 0 degrees 46' East along said quarter section line 1103.66 feet to the center of county road; thence South 77 degrees 50' West along the center line of said County . Road, 433.5 feet; thence South 0 degrees 46' West para11e1 with said quarter section line 1023.10 feet to a ooint.517.34 feet North of the South line of said quarter section; thence North 89 degrees 57' East parallel with the South line of said quarter, section 421 feet to the place of beginning. I I ~ 17 ~ Revised 11/93 i 1'ETITION SIGNERS NOTE: This pulition muy bd sipnud by yuatiliud porsons even ihouph they mdy not know their properry description or pracinct number. ' SIGNATURE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT # DATE PO RV OV LOT 1l 114 SEC. T R Trov E. litint x 100 3 aD 2S 1W Portland, OR97223 Judith Martin X 102 5 S - z ok Tualai:in OR97062 100 Judith Martin X same 100 3aD 2S 1W Trustee f' a u 1 C ti er_as lianka_ dr X 11570 S W lcl a 1 n u t 1 IaL ~ T-i ard,OR 97223 Sandra Cherachanko 11570 SW Wa1 nui: 10-0_ 3 Rn 2 rigarcl, OR 9722 ' PO = Property Owner RV = Ropistered Voter OV = Ownor Voter PETITION SIGNERS . NOTE: This pulition nwy bn sl{inud by t iulili(iud pnrsons evun thuujih they muy not know their property descriplion or prncinct numbar. ' SIGNATURE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTtON PRECINCT If DATE . PO RV OV LOT X 114 5EC. r2S R Trov E. Hunt _x_ JnL f37th 100 3 aD lt,l I'ortl and, OR97221 udi th Marti n X 10275 S z .1Ja(_ Tualatin OR97062 100 , Judith Martin X same 100 3f3D 2S 1W f S~~ Trustee Patil Cherarhankn_,Lr._ X 11570 SW IrJalnut 100 .3_ i ard,OR 97223 Sandra Cherachanko 1 570 S lnn igard, OR 9722 ' PO = Property Owner RV = flopistered Voter OV = Ownor Voter PETITION SIGNERS , ; NOTE: This pulilion nwy bn sionucl by quuli(iud pnrsons evon thoufjh they mny not know their property descriplion or precinct number. ' • SIGNATURE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT A~ DATE , PO RV OV LOT q 1/4 SEC. T R Trov E. Hunt x -h_ 100 3 QD 2S ll-J Portland, Oft9722 Judith Martin X 102 5 S4 Flazelbrok Tualatin,OR97062 100 Judith Martin X same 100 3BD 2S 1W Trustee ,lr X 11570 SW 41a1 nut ~7 --Q rigarcl,OR 97223 ~ a. ' r-w - Sandra Cheracha o X_ 11570 _]111L qS af\ igard, OR 9722 ' PO = Properly Owner RV = RepistereJ Voler OV = Ownor Voler • .r • J n • • ' I . /4 V SECTI ON 3 T2 S R i W W M. 25 I 3BD WASHINGTON COUNTY OREGON ~ SCAL.E I"= 100' ~ S E E MnP2S i 38n 5 1~~ ~ w ` R NO A~ ,~pt CANCCI.LCD TAI( LOTS ~ zo, ,a a,tl 1100,4100,601,boo,1000, W A B,.a N,n 66•6 N I 100 9 69 1 By 6 200 1 0. 07 AC. 300 r 2.DOac. ~ .oJAc. o I n ; u a I 10 0 I o I O M 70~ ~ I r ~ P I 301 ~ ~I I n I 0 3 + a ~ o ~ ~ o ~ ~ I M . n I - . ~ I a ~ o o° u e~es ~7 0'rox, r~\ ,;lll1.~/f~ ~ Y~~`3 W ~ • , H,''~ 210 W • t 11° 50 W „(.~.~%~{,;F. y o'tj. '•S w 8 ~ I.eo yFSOi~ pp0 2 10 a z t: • k8oo o ; v \V Yg ~ 1 UQ. ` • - 0 y y e+ s°° E"`• o N ee^3:oo'w f,ni ~ SEE MAP g w1.cz'._ N >,wwo a 13 0 2S I 3AC 1900 2200 < 23-78 12 9 m b': ~ I ~J Nsl> >0 U Ne1l5 ~ BB.O ~03.34 95.54 ~d 00"E O ~°.2z55 N STREET N @)°~U'Q'~'E yp.0 90.0 900 91.00 2600 2500 2400 2300 ~ ~ R 5 ~ 6 ~ 7 8 ~ 8 : 0 i N09°67'E 921.0 , NB9-5O,E I ~.$S~tS~y//7/.[OG'. i~'.i%~R.:~A'p-.',i~~.%' "ttc: &:~.~.~.Q...,ns./~/••i%'Oli ;..'(u/%Ab:?R~ ~ • 5IE NO`P3 I'E 290 x N Nar.cE ° INITIAL POINT 4400 A' ~ I 4000 3. 69Ac. ~ o '1.40AC. , - FOR ASSESSMENT ruRrosES oNI_Y ~ ,n DO NOT RELY ON v FOR ANY OTHER USE °i ~ Y ct: n ~1 225 4401 .91Ac • . ti o , ~ 0 6~ s n ~u ~ • - 1 . . „ • . PAIALGBC FORM #19 (This form is NOT the petition) ALL OWNERS OF PROPERTY AND/QR REGISTERE'D VOTERS IjVCLUDED I1V BOUNDARY CHANGE PROPOSAL AREA (To be completed IF the proposal contains 10 or fewer land owners/registered voters. ' Please indicate the name and address of all owners/voters regardless of whether they signed an annexarion petition or not.) This is for norificarion purposes. NA1`vfE OF OWNER/VOTER ADDRESS PROPERTY DESIGNATION (Indicate tax lot, secrion number, Township and Range) (1) Troy E. Hunt 8170 SW 87th TL 100, 2S1 36D Portland, OR 97223 (2) Judi th Marti n 10275 S41 Hazel brook TL 100, 2S1 36D Tualatin, OR 97062 (3) Judith Martin (trustee) same Tl 100. 2S1 3Rn (4) Paul Cherachanko Jr 11570 S W Wal nut TL 100. 2S1 3BD _ Tigard, OR 97223 (5) Sandra Cherachanko 11570 SW Wal nut TL 100 2S1 3BD _ Tigard, OR 97223 (6) (7) 20 Rzvised 11/93 . ~ • • PititAL GBC FORM #20 DO ZIBLE NfAJORITY WORK SHEET Please list all properries/registered voters included in the proposal. (If needed, use separate sheet for additional listings). - PROPERTIES I Property Assessed Sig.,ned Petition Designation Name of Owner Acres Value Yes No (Tax Lot #s) TL 100, Troy E. Hunt 10.07 $131,640.00 ~ 2S1 36D same Judith Martin same Judith Martin (trustee) I. ~ i i I TOTr1LS 2 10.0 $131,640.00 22 Revised 11/93 Y J • • PILIALGBC FORItiI #20 (continued) REGISTE'RED vOTERS ADDRESS OF REGISTERED - NAME OF REGISTERED SIGiNED PETITION I Voter Voter Yes No 11570 S.W. Walnut Tig. Paul Cherachanko, Jr. ' 11570 SW Walnut, Tigard Sandra Cherachanko TOTALS 2 ~ SUL&MRY TOTAL NUMBER REGISTERED VOTERS IN THE PROPOSAL 2 ~ WiNLBER OF REGISTERED VOTERS WHO SIGiNED PERCENTAGE OF REGISTERED VOTERS WHO SIGNED TOT.=1L ACREAGE IN PROPOSAL 10.07 ACREAGE SIGiNED FOR PERCEN7AGE OF ACREAGE SIGNED FOR 23 Revised 11/93 PROPOSAL D$SCRIPTION FILE NO: ZCA 95-01 FILE TITLE: Hunt/Martin Annexation i APPLICANT: Troy Hunt Judith Martin 8170 SW 87th 10275 SW Hazelbrook ' Portland, OR 97223 Tualatin, OR 97062 OWNER: Same REQUEST: To annex one parcel of 10.07 acres into the city and to change the comprehensive plan and zone from Washington County R-6 to City of Tigard Low Density Residential, R-4.5. LOCATION: South of Walnut Street at the 116th Avenue intersection. APPLICABLE The relevant review criteria is this case are REVIEW Comprehensive Plan policies 2.1.1, citizen CRITERIA: involvement; 10.1.1, service delivery capacity; and 10.1.2, boundary criteria. Community Development Code chapters 18.136, annexation requirements; and 18.138, land classification of annexed territory. ZONE: Presently Washington County R-6. CIT: West CIT FACILITATOR: N/A CHECK ALL WHICH APPLY: STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: HEARINGS OFFICER DATE OF HEARING: TIME: X CITY COUNCIL DATE OF HEARING: 3/14195 TIME:7:30 THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: , X VICINITY MAP LANDSCAPING PLAN LANDSCAPING PLAN ARCHITECTURAL PLAN SITE PLAN OTHER• STAFF CONTACT : ~ . CITY OF TIGARD, OREGON i COMPREHENSIVE PLAN AML'NDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Bog 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY CASE N0. Z.C.a OTHER CASE NO'S: RECEIPT N0. APPLICATION ACCEPTED BY: R-V DATE: 2 j7 fS ~ 1. GENERAL INFORMATION Nk Application elements submitted: PROPERTY ADDRESS/LOCATION VI(A) Application form (1) _,,~(B) Owner's signature/written TAX MAP AND TAX LOT I~O. WGi~'1 ~SI 3 66, L:T !00 authorization J Z(C) Applicant's statement . SITE SIZE ~ a-7 A- ciz-cS (pre-app check list) PROPERTY OWNER/DEED HOLDER* jQoY NtqRt1-J 1.1~A(D) Filing fee (t_ ADDRESS (6f70 $'w 6'7L" PHONE Additional information for Compre- CITY Po~~~d ZIP `~?2Z3 sive Plan Map Amendments/Zone Changes APPLICANT* __Z(E) Maps indicating property ADDRESS PHONE location (pre-app check list) CITy ZIP (F) List of property owners and *When the owner and the applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record ~(G) Assessor's Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: j,d A. GU 4 MCy T1 4/~" applicable) from to i-,4, p~,~s,-ty !~~%st, . and a Z one Change f rom WA. R-~ t o `l~•~~~ e- a,< N.P.O. Number: OR The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Comprehensive Plan or Community Development Code City Council Approval Date: 0737P 23P Rev'd: 5/87 0 ~ 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: ' 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. ~ - 5. THE APPLICANT(S),SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. 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. D. 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. DATED this day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSL:pm/0737P) ZCA 95-0001 HUNT/MARTIN ANNEXATION (paae 1 of ;3 ) I 2S103BD-00100 2S103BD-0020010 HUNT, TROY CAPPOEN, RAYMOND J MARTIN, JUDITH M TRUSTEE SUZANNE 10275 SW HAZELBROOK 11710 SW WALNUT ST TUALATIN OR 97062 TIGARD OR 97223 2S103BD-00300 2S103BD-00301 BLEDSOE, ROBERT C WILLIAMS, LENA MARIE CAROLYN S 11770 SW WALNUT ST 11800 SW WALNUT ST TIGARD OR 97223 TIGARD OR 97223 2S103BD-01900 2S103BD-02000 IADANZA, NICHOLAS E AND PATTERSON, JOHN K& VIRGINIA H MARGRET A 15 WESTWOOD RD 11865 SW CARMEN ST SOMERVILLE MA 02145 TIGARD OR 97223 2S103BD-02100 2S103BD-02200 COPELAND, MAUREEN T(TERRI) KARLSON, E J V I 11805 SW CARMEN 11765 SW CARMEN ST TIGARD OR 97223 TIGARD OR 97223 2S103BD-02300 2S103BD-02400 CAMPBELL, DONALD CLARK, OSCAR H AND DELORIS ALMA W 11800SW CARMEN ST 11760 SW CARMEN ST TIGARD OR 97223 TIGARD OR 97223 2S103BD-02500 2S103BD-04000 RHONE, HENRY JR KAWASAKI, NOBUO SHARON LE WAYNE, ROSALZE E 5750 E HILLCREST DR 11860 SW CARMEN PORT ORCHARD WA 98366 TIGARD OR 97223 2S103BD-04400 2S103BA-00108 HORDICHOK, WALTER R TRUSTEE SPRAGUE, MICHAEL M HORDICHOK, YVONNE E TRUSTEE DOLLIE P 5420 NW SEWELL RD 11650 SW ANN ST HILLSBORO OR 97124 TIGARD OR 97223 2S103BA-00109 2S103BA-00200 LEE, GREGORY ALLAN AND JENOVICH, M GLYNN MAXINE RENEE LEYNETTE 11525 SW WALNUT AVENUE 11590 SW ANN TIGARD OR 97223 TIGARD OR 97223 I 2S103BA-00201 2S103BA-00300 SCROGGIN, MARY LYNN LINDQUIST, MARVIN T& JACKI S 11545 SW WALNUT 11565 SW WALNUT ST TIGARD OR 97223 TIGARD OR 97223 2S103BA-00401 2S103BA-00500 BANK OF CALIFORNIA, THE TR ROGERS, EUGENE P 11625 SW WALNUT ST KATHERN J TIGARD OR 97223 11695 SW WALNUT ST TIGARD OR 97223 I ZCA 95-0001 HUNT/MARTIN ANNEXATION (Page 2 of 3) 2S103BA-00600 2S103AB-0060010 GAARDE, RICHARD J SWEENEY, WALLACE G& EVA L DOROTHY A 11455 SW WALNUT 11765 SW WALNUT TIGARD OR 97223 TIGARD OR 97223 2S103AB-02000 2S103AB-02800 WISER, KENT C AND BRENDA D STROUD, TIMOTHY D& SUZANNE L ' 11405 SW WALNUT ST 12432 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 2S103AB-02900 2S103AB-03000 KIEF, RONALD L& PATRICIA E DISTANT, DOUGLAS & DEBRA V 12454 SW 114TH TERR 12465 SW 114TH TERRACE TIGARD OR 97223 TIGARD OR 97223 2S103AB-03100 2S103AC-00900 REEVES, ROY D/MARY I PARISH, FRED C& LORETA ARANT TR 2008 PALISADES TERRACE 11385 SW FONNER ST LAKE OSWEGO OR 97034 TIGARD OR 97223 2S103AC-01000 2S103AC-01100 M& M PROPERTIES DURNIN, BRYAN P AND JULIE A M $ GRECO, ARTHUR V/GRECO, LEONARD R 11465 SW FONNER ST ATTN: S& T PROPERTIES TIGARD OR 97223 12811 W 85TH CIRCLE ARVADA CO 80005 2S103AC-01200 2S103AC-02200 PARISH, FRED C& LORETA ARANT TR HOLMES, ROBERT W 11385 SW FONNER ST 11400 SW FONNER TIGARD OR 97223 TIGARD OR 97223 2S103AC-02300 2S103AC-02400 QUIMBY, ELEANOR N& EARL H FILLER, DAVID E MARY LYNN 11480 SW FONNER ST 11500 SW FONNER TIGARD OR 97223 TIGARD OR 97223 2S103AC-03400 2S103AC-03500 SHRUM, JULIE M WAXMAN, GARY M& KATHERINE M 12476 SW 114TH TERR 12498 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 2S103AC-03600 2S103AC-03700 FERBER, KURT A/AMY M BOROK, DAVID AND JULIE JANET SULLIVAN, ROGER J 12532 SW 114TH TERRACE 12512 SW 114TH TERRACE TIGARD OR 97223 TIGARD OR 97224 2S103AC-03800 2S103AC-03900 SPRUNK, ERIC D& B KIMBERLY STEPHENS, GAIL O& JAMES F 12556 SW 114TH TERR 12578 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 ZCA 95-0001 HUNT/MARTIN ANNEXATION (Page 3 of 3) 2S103AC-04000 . 2S103AC-041000 'I BOSTOCK, DAVID E& ANGELA K DURFEE, MICHAEL D AND 12590 SW 114TH TERR BUTTERFIELD, MELISSA TIGARD OR 97223 12612 SW 114TH TERR TIGARD OR 97223 2S103AC-04200 2S103AC-04300 LIBERT, SCOTT A AND CYNTHIA M GOETZ, JEANNE 12636 SW 114TH TERRACE 12758 SW 114TH TERRACE TIGARD OR 97223 TIGARD OR 97223 2S103AC-04400 2S103AC-04500 LUSK, DOUGLAS E/JANICE L SKIDMORE, DAVID A/JODI K 12567 SW 114TH TERR 12545 SW 114TH TERRACE TIGARD OR 97224 TIGARD OR 97223 2S103AC-04600 2S103AC-04700 MOHR, JAMES B SR & CAROL J ABEYTA, JAMES A& IRENE I 14407 SW TEAL BLVD #E 12501 SW 114TH TER BEAVERTON OR 97005 TIGARD OR 97223 2S103AC-04800 2S103B8-04400 NAJDEK, FRANK & KATHLEEN N LIEBERTZ, GERARD J 12487 SW 114TH TERR DOLORES A TIGARD OR 97223 12483 SW KATHRINE TIGARD OR 97223 HUNT, TROY MARTIN, JUDITH 8170 SW 87TH 10275 SW HAZELBROOK PORTLAND OR 97223 TUALATIN OR 97062 ' i/4 SECTI ON I 3 T WS, R I IN :.1N. 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Q „ 0^ 0 26 p 0 N N N w O Q ~ U + O 2 N ~ W m s er*z e'e N e9051'w 40 " "s loo a e90 57'e 421.00 i CENTER OF SEC1 s se° 51'W- . ~FONNER 300.0 STREEYg 1 ;EE MAP 2 S I 3C a . ~ • REQUEST FOR COMMENTS 24~ CITY OF TIGARD OREGON T0: Per attached DATE: Februarv 10, 1995 FROM: Tigard Planning Department STAFF CONTACT: Rav Valone (x336) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: ZONE CHANGE ANNEXATION (ZCA) 95-0001 HUNT/MARTIN ► LOCATION: South of Walnut Street at the 116th Avenue intersection. A request to annex one parcel of 10.07 acres into the city and to change the zone from Washington County R-6 to City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: The relevant review criteria is this case are Comprehensive Plan policies 2.1.1, citizen involvement; 10.1.1, service delivery capacity; and 10.1.2, boundary criteria. Community Development Code chapters 18.136, annexation requirements; and 18.138, land classification of annexed territory. ZONE: Presently Washington County R-6. Attached is the Site Plan and applicant's statement 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: Mondav - Februarv 20, 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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 ngard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING 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: (Please proaide the following information) Name of Person Commenting: Phone Number: RE62UEST FOR COMMENTS ~ SNOTIFICATION LIST FOR ALL APPLICATIO y~~ . . . . n • h,~ ~ 'h)4'` 4 : 1~:. i Cv ~ 4.~~?}y : . 4'v ~i~: ~ .ti+:p ' v 4~:•~ 4 ~+v.'~~'....~.v~.v. . 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Q . . . ~ • ~ 4 Y ~i\• . ~ ;~.h~'Srfiµ.~i•';`}~. k l.~ . ~ yt • - ~ . ~ . - J •~-t. , w h'.~~vE.<,t:~;F~;^•.f~`;,~~4~ti22r\.nz?c1:=:.:)tiu:.. • .•.~~tfi ~ . :C•i•.M1.v . . h ~\4.'v ~:4^~.. .\~ti•Y::: :•.wn\•}\\~~....vv.vti.....\4.:t•v\•,,~y~•. •..v. ...v.t: :rv:T\....~ . . M1~. :.k.A.4. ~v.'~ 4 e ~ Hre Distrkt ~ Unifled Seweroge Agency TualaHn Valley Water Dishlct ~ (picc-W box) SWM Program!Z Fll WO~~'/ - PO Box 745 155 N. Flrst Street Beaverton, OR 97075 Hillsboro, OR 97124 :.~ti.~::.ti n.\~• yk'`~\h4.. tv.xQ • * 14~ M1,~~a~,.~~}~v.i~0\~:4~\:`:: . • .\~~\'~G~~~1 ~ \4 \ , ~ o. . ~s < . ...k; v... ~ ~ k A4`~`a`~~ ~ry~x~~~~'?~iL~~L` ~ , : ♦ Tr.:~:'~a.r.:,.~.:., • ^J~:.:~a.. a:... WashUngFon Co. land Use 8c Trarsportafbn X Boundary Commissbn ME7R0 - GREEWSPACES PROGRAM 150 N. Hrst Avenue 800 NE Oregon St. #16, Suite 540 Mel Huie (CPA'sROA's) Hmsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue Fbrtland, OR 97232-2736 , &ent Curtts (CPA's) State Highway Division X.Am Tlce (IGA'S) Sam Hunaldi ODOT Mike BoReson (Engineer) PO Box 25412 laurle Wicholson Soott iMg (CPA's) Fbrtland. OR 97225-0412 d. 1ZIj mo• _ Tom Harry (Cwrent Planning App's) eein~ n&k na orm Lynn BaUey (Current Planning App's) _ Oregon DLCD (CPA'sROA's) 1175 Caut Sireet. N. E _ Other _CNy of Beaverbn Saiem. OR 973100590 _ Pbrtland ~p7 JUn Hendryx - Prindpal Planner ~ of PO Box 4755 _ Gty of Durham PlannUg Directa • Beaverton, OR 97076 Ctty Manager 1120 SW 5th PO Box 23483-3483 Pbrfland. OR 97204 _ City of Kinp Ciry Tigard, OR 97281 Gty Manager _ City of Lake OsweOo 15300 SW 116th _ Gty of TualaHn qty Mcmger IOng pty. OR 97724 PO 8ox 369 PO Box 369 Tualatin, OR 97062 Lake Oswego, OR 97034 • r ~v:.~~.~...,~~ aC.~,~:a:`•~k j~2ti.~~ r+.,.•:.tii ~E~~~\~.: . ~ General Telephone ~ Pbrtland General BecMc Cotunn"a Cable ° En8ineerin9 Office Brian Moore Crcdg EVestone TPUMUMV ow d I= Givalm T.D. PfOX 14655 S1M Old Scholls FeRy Road 14200 SW BrfBadoon Court 11gu ~~Z4JS22- S§~ Beaverton.OR 97007 Beaverton.OR 97005 NW Nahual Gas Meho Area Communloafloru/Jason Hewfft Td-Met Transit Dev. Scott Palmer Twln Oaks Technology Cenier IOm Knox 220 NW Seoond Avenue 1815 NW 169fh Pkice 56020 710 NE Holkoday Sheet Porttand. OR 97209 -IA-1 ( Beaverton. OR 97006-4886 PeAlond. OR 97232 ~ TCI Cablevts(on of Oregon AUS West Llnda Psterson Pete Nelson 3500 SW 8ond Slreet 421 SW Oak Sheet PorNand. OR 97201 Portiand. OR 97204 , ' ti, +c, .,:.:;c.~~:~C,ti.,kfi :.:::+;~,::.:;;..:::,::•.::~.y;k.•::.,::•,: .ti • 4: ,v.41..~'^. 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