ZCA1995-00002
AdL
March 10, 1999
CITY OF TIGARD
Oregon Department of Revenue OREGON
Cartography Department
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City of Tigard have now been officially withdrawn from the Tigard Water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 Planning File
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- CF5 a
-
AN ORDINANCE OF THE CITY OF TIGARD DECLARiNG THAT PROPERTIES THAT HAVE RECENTLY
BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT.
WHEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and .
WIMREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and
WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from
that Water Disirict to insure the proper entity receives the taxes; and
WHEREAS, pursuant to ORS 222.520(2), the City is liable to the Dish-ict 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
VVHEREAS, 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 f~'igard; an
d
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by
ordinance. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 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 Dish-ict.
SECTION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water District are attached
hereto as Exhibits 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
Dish-ict shall be July 1, 1999.
SEC'IION 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By (t rl't mvU-S vote of all Council members present after being read by number and title only, this ~
day of 41999.
~l.E Uv
Catherine Wheatley, City Recor APPROVED: By Tigard City Council thisEL4~ day of r~:~Wjx_~99.
&ts-Nicoli, Mayor
Approved as to form:
Attorney
iy
2-
Date
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Page 1 of l i:\citywide\ord\wdwithdr.ord.doc lulia H. I l-Feb.-99
CITY OF TIGARD WATER DISTRICT WITHDRAWAL
Boundary Commission
Final Order No. 2y 76
EXHIBIT 1 2 zCA No. 95-oooy
arcel 1: IEGAI DESCRIPTION OF THE AREA
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, ToNnship 2.South, Range 1
West, Willamette Meridian, Washington County, described as follows:
eeginning at a point S'000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" w, 690.00
feet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 89° 41' 00" W, along the north line of said
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washincjton
County Deed Records; thence N 000 26' 00" E, along the aest line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S.890 41' 00" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private roacl and the southwest corner of said.Fee Number; thence N 00° 261 00"E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee.Number; thence S 89° 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 00° 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Boolc 1027 Paqe 371 of the Washington
County Deed Records; thence N 89° 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east rightrof-way of a private road and a point , on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 24° 39' 36", and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
00° 26' 00" E, along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the '
south right-of-way of County Road 411; thence N 89° 41' 00^ E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 00° 00' 00" W
a distance of 9.9 feet; thence N 890 41' 00".E .along the said
right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 00° 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 89° 41' 00" E,.
along said right-of-way, a distanc2 of 236.5 feet to the point of
beginning. '
. arcel 2-
A tract of land in the Northeast one-quarter of the Northwest one-quarter of Section 10,
Township 2 South, Range 1 West, wllamette MeCidian, Washington County, Oregon,
described as follows: Beginning at a point on the north line of said Section, which bears South 89°39' West
990 feet from the quartet- section comer on said north line, said point being the noitfieast
comer of that tract of land conveyed to Katheeine Kilgore Gunther, by deed recorded in
Book 175, Page 89, Washington County Oeed Records, and the northwest corner of thai
tract of land conveyed to Volette F. Howard, by deed recorded in Book 403, Page 297, •
Washington County Deed Records; thence South 0°44' West, along the east line of said •
Gunther tract 20 feet to the south right-of-way line of SW Gaa(de Street and the True •
Point of Beginning; thence continuing South 0044 West along said east line 640 feet to
the southeast corner thefeof and the southwest comer of said HoWard tract, said point •
being on the north line of the subdivision plat of SHADOW HIILS; tfience East along the
south line of said Howard tract, 198 feet to the southeast corner thereof; thence
continuing albng said north line, plat o( SHAOOW HIILS, North 89041' East 132 teet to a
point; thence North 0°26' East a distance of 640 feet ta said south line SW Gaarde
Street; thence South 89041' West alwig said right-of-way line, 132 feet; thence South
0°26' West a distance of 230 feet to a point,.said point being the southwest comer of
that tract of land conveyed to Richard leroy Furman, et ux, by deed recorded in Book 866,
Page 658, Washington County Deed Records; thence West along the south line of said
Furman tract, 158 feet and the southeast co(ner thereof; theiice North 0044' East, 230
feet to said south right-of-way line, SW Gaarde Street; thence West along said line, 40
(eet to the Point of 6eginning
ExHIBrT 12M(continuea)
I
; . .
.
VICINITY MAP OF TNE AREA
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Councii Agenda Item 3.1
~
TIGARD CITY COUNCIL
MEEfING MINUTES - APRIL 25, 1995
• Meeting was called to order at 6:35 p.m. by Mayor James Nicoli.
1. ROLL CALL .
Councii Present: Mayor Jim Nicoli; Councilors Wendi Conover Hawley, Paul Hunt,
Bob Rohlf, and Ken Scheckla Staff Preserrt: Bill Monahan, City Administrator; .
Wayne l.owry, Fnance Direcior; Loreen Mills, Management Analyst; Liz Newton,
Community Involvement Caordinator; Jim Coleman, Legal Counsel; Ray Valone,
Assistant Planner; Ed Wegner, Maintenance Services Director; Catherine WheaUey,
City Recorder; and Randy Wooley, City Engineer.
The Tigard City Counal werrt into Executive Session at 6:35 p.m. under the provisions of
ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions,
currerrt and pe.nding litigation issues. -
Executive Session recessed at 7:10 p.m.
STUDY SESSION
Solid Waste Hauler's Annual Report: Managemerrt Analyst Mills distributed to Council a chart showing the residerttial rate
change depending on a rate of retum policy implementa~tion plan chosen by Council. In
addition, she distributed a second chart which was a solid waste rate/senrice comparison
(in effect April, 1995).
Mayor Nicoli summarized what he believed to be the issues before Council:
1. Review whether to continue with the solid waste policy with regard to rate
of retum for the franchise haulers.
2. Whether to apply any increase to residerrtial and commercial with the notion
that commercial would continue to subsidize residerrtial.
3. Start up a Nos. 1 to 7 plastics recycling service at curbside.
CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 1
. . . . :
4. Hauiers have presented infonnation that since the first of the year they have
incurred additional costs and they are experiencing an increase in costs,
5. Concems expressed eariier by Council with regard to whether there should be an efficiency review of the haulers.
I 6. Review of how customer complairrts are handled.
7. Review of whether or not an additional service for fee be added - pickup
from the sideyards.
8. What things could the City do to help with efficiency?
Mayor Nicoli advised it was his understanding that the only thing that was needed to be '
done by the end of May was to conduct a rate hearing.
Councilor Scheckla noted it was his intention to be fair to the haulers; however, he
advised he would like to see information on how much loss there had been on the
collection of the recyclables. In addidon he would like to have cost information with
regard to the addition of services (plastic recycling). .
Mayor Nicoli referred to the standing policy which has been adhered to in the past.
Councilor Hunt questioned whether the haulers allowed enough time to pass to accurately
determine what costs would be on some recyclables. He advised he would not want to
make a rate change only to have to consider raising the rate again in the near future.
Mr. Miller, representing the haulers, advised the report was based on calculations for the
last year. He noted the haulers were not able to charge for yard debris service until this ~
service was available. He advised that implementation of curbside plastic recycling could I
be implemented with We or no capital investmerrt. ~i
Councilor Rohif suggested that the Council proceed with a rate review public hearing with
recycling plastics at curbside. At a later time the policy and other issues with the haulers
could be reviewed. He advised that at a later date he would expect the policy to be
formalized by Council action (i.e., a resolution) other than continuing with the informal
policy.
Mayor Nicoli noted that most of the rate increases in the past have been due to the
increase of Metro dumping fees. It appears those fees have leveled off. He noted future
cost increases will most likely be due to inflation.
C(TY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 2
• •
I
Discussion followed. It was noted that it may be necessary to have a rate adjustment
every year. Councilor Rohlf also suggested the residerrtial/commeraal subsidies be
reviewed at a later time. He suggested that any change in rates could possibly be
phased in over a period of time. It was noted these rates would probably be evaluated
during the next annual rate review time.
After discussion, Councilor Rohlf clarfied that he would expect during this first public
hearing and rate review, that the ratio between commercial and residential woufd be
maintained and curbside plastics recyGing would be added in. Mr. iVliller advised that
curbside pickup of plastics would strictfy be a residential service. Councilor Hunt advised
he disagreed with one point suggested by Councilor Rohtf; he was not sure he was in
favor of any increase for commercial; he would rather see the increase go to residential.
He requested that this issue be left on the table.
Staff advised they could bring both proposals to the hearing - one that showed an
increase to residential only, and the other which would show an increase to commercial
and residential with the ratio of subsidy of commercial to residential being left in.
After a brief discussion, Council decided that the rate hearing for solid waste fees woaald
be conducted on May 16. In addition, the Tualatin Valley Water District would be invited
to talk evith Council about water issues on that evening as well.
Chamber of Commerce - Frst Niter Dinner
In the past, the City has sponsored Councilors and spouses who could attend the
Chamber of Commerce Frst Niter Dinner. Councilors were asked to contact staff if they
were planning to attend.
Council meeting recessed at 7:28 p.m.
Council meeting convened at 7:35 p.m.
BUSINESS MEETING
2. GREENBURG/217 PROJECT UPDATE (MSTIP 2)
Greg Miller from Washington Courrty advised that a widening project for the
Greenburg overpass and off-ramp to Highway 217 will soon be underway. This
will be done through an intergovemmental agreemerrt among the City, State and
County. Construction is expected to occur in 1997-1998. This project will tie in
well with another project funded by Metro on Greenburg Road.
CITY COUNCIL MEEfING MINUTES - APRIL 25, 1995 = PAGE 3
_ • , • -i
3. VISITOR'S AGENDA:
• Jack Polans, 16000 SW Queen Victoria Place, tGng City, Oregon, 97224, ~expressed concems with manner of weUand mitigation for the Martin
property located in the Triangle. Mayor Nicoli advised Mr. Polans his
concems should have been brought up during the public hearing process.
No building can be done until permits for wetand mitigation with proper
• agencies are obtained.
Mr. Polans also expressed concems with the solid waste discussion which
occurred during the study session and the profrt margin percerrtage
requested by haulers.
• Chris Garstick testfied with concems that the 130th/Winterlake connection
was again being discussed at a C(T meeting. She read a statement and
asked for assurances that this statement, after it is read for the CITs, be
forvvarded to the City council. City Administrator Monahan assured Ms.
Garsstick that this message would be forwarded to the City Council.
4. CONSENT AGENDA:
Councilor Hunt requested that Item 4.2 be removed for separate consideration.
Mr. Jack Polans requested that Item 4.3(a) be removed for separate considerafion.
Motion by Councilor Scheckla, seconded by Councilor Hawley, to approve the
Consent Agenda, minus items 4.2 and 4.3(a), as preserrted.
4.1 Approve Council Minutes: April 11, 1995
4.3
b. Authorize City Engineer to Advertise for Bids to Construct the Bonita
Road and Bull Mountain Road Projects
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.°)
4.2 Request Senate Bill 588 be Changed to Make Owner Consent a Local
Option Rather than a State Mandate
The proposal before Council was to adopt a reso(ution requesting that Senate Bill
588 be changed to make owner consent a local option rather than a State
mandate with regard to designation of historical preservation sites. Councilor Hunt
CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 4
! • i
advised he did not think any property should be designated as historically
signficant without owner's consent; therefore, he did not believe that local
jurisdicctions should be given this control.
City Administrator Monahan advised the Tigard Community Developmertt Code as
presenUy written does not require the owner's consent for historic site designation.
. Senate Bill 588 would remove Tigard's and other local govemments' authority to
designate properties as historicaly signficant without owner consent. 'I
Mayor Nicoli noted he was in favor of Senate Bill 588. He agreed the govemment
should not be able to designate property without owner conserrt.
City Administrator Monahan noted the Preservation League of Oregon has asked
us to consider their attemate language.
Councilor Hawley referred to the work being done by the Tree Task Force. The
Task Force may recommend that historic trees be designaRed. She advised she
would not warrt to preempt the ability to designate historic trees, regardless of
ownership. She acknowiedged that the batance of the public good and individua0
rights will be an issue to debate. .
Councilor Rohff 'called attention to the fact that the proposed resolution would be
advisory to the state govemment. Councilor Hawiey advised she would like to
support the staff position for more local control, and would like adoption of the
resolution. Councilor Scheckla advised he agreed with Councilor Hawley, noting
there only a few historic places left. Councilor Rohlf advised if it was a choice
between whether the local govemment had a chance to say whether or no$ designation without owner conserrt would occur, he would rather have the loc.al
govemment involved. '
Motion by Councilor Hawley, seconded by Councilor Rohtf, to adopt Resolution
No. 95-19.
RESOLUTION NO. 95-19 - A RESOLUTION REQUESTING THAT SENATE BILL
588 BE MODIFIED TO GIVE LOCAL GOVERNMENTS A LOCAL OPTION
REGARDING OWNER CONSENT TO HISTORIC DESIGNATION
Motion passed by a majority vote of Council present. (Councilors Hawley, Rohlf,
and Scheckla voted "yes;° Mayor Nicoli and Councilor Hunt voted "no.")
4.3(a) Accept Quote from Mather & Sons, Pumps Incorporated and Other Vendors
as Necessary to Complete the Well #2 and Well #3 Maintenance Program.
Mr. Jack Polans raised concems with regard to whether these pumps should be
, CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 5
. 1
• ' • • repaired or whether it would be more cost effectivve to replace.
Maintenance Services Director Wegner advised he had met with iWr. Polans earlier
and described the wor{c that needed to be done. Mr. Wegner noted he feit
comfortable with the quotes received. If, upon inspection, it appeared that a new
pump would be needed, staff would come back to City Council for authoriza~tion
to replace the pump. It was noted the Intergovemmental Agency and Tigard Water
Districi all have reviewed this course of action and are in agreement that it should ~
be done.
Motion by Councilor Hunt, seconded by Councilor Rohff, to approve Item 4.3(a)
as presented.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, Rohff, and Scheckla voted "yes.°)
5. PUBLIC HEARING (GZUASI-IUDIClAL) - SITE DEVELOPMENT REVIEW (SDR) 91-
0005/VARIANCE (VAR) 91-0010 DOLAN/MENDEZ
CITY ATTORNEY RAMIS RECEIVED A REQUEST FOR A 30-DAY CONTINUANCE
FROM THE DOLAN LEGAL COUNSEL. MR. RAMIS RECOMMENDS THE
REQUEST BE GRANTED. IT IS ANTICIPATED THAT THIS HEARING ITEM WILL
BE SET OVER; BY COUNCIL MOTION, TO MAY 23, 1995.
To Consider the U.S. Supreme Court remand of conditions related to the
dedication of property for floodplain management and a bikepath relating to the
determination of the rough proportionality of those requirements. LOCATION: 12520 SW Main Street (WCTM 2S1 2AC, tax lot 700). APPUCABLE REVIEW
,CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.86, 18.100,
18.102, 18.106, 18.108, 18.114, 18.120, 18.134 and 18.164; the Parks Master Plan
for Fanno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD
(Central Business District). The Central Business District zone allows public
administrative agencies, cultural exhibits and library services, parking facilities,
public safety services, religious assemblies, and a variety of commercial and
senrice activities, among other uses.
City Administrator Monahan advised that this public hearing is the consideration
of the Dolan Supreme Court remand. He noted that the City has been discussing
the terms of the remand, as well as other issues with the parties involved. He
advised that originally this hearing was scheduled for March, with a request by the
Dolans for a thirty-day delay to April. Another request for delay was received from
Dolans' legal counsel to provide time to continue to work on issues. It was
_ recommended the hearing be opened and continued to May 23, 1995. Mr.
Monahan referred to the signficant notice requirements. By continuing the hearing*
C1TY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 6
. • ' •
$o May 23, 1995, re-notfication wouid not be necessary.
a. Pubiic hearing was opened. b. Mofion by Councilor Rohtf, seconded by Councilor Hurrt, to continue the
hearing to the requested date of May 23, 1995.
c. Mofion was approved by unanimous vote of Council preserrt. (Mayor Nicoli I
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.°)
I
I
6. PUBUC HEAAING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA 95-
0002) FUDGE ► A request to annex four parcels of land corrtaining 5.68 acres Yo '
the City of Tigard and to change the zone from Washington County R-5 to Tigard
R-4.5. LOCATION: South of Gaarde Street and East of SW 117th Avenue.
APPUCABIE REVIEW CRITERIA: Comprehensive Plan Policies 2 and 10;
Community Development Code Chapters 18.136 and 18.138. ZONE: Currently
in Washington County R-5.
a. Public hearing was opened.
b. Declarations or Challenges.
Mayor Nicoli read the following statements:
Do any members of Council wish to report any ex parte corttact or
information gained outside the hearing, including any site visits? (None were reported.)
Have all members familiarized themselves with the application? (All Council
members indicated they had familiarized themselves with the application.)
Are there any challenges 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.)
c. Staff Report - Community Development Department
Assistant Planner Valone presented the staff report. The proposed
annexation consists of territory comprised of four parcels of land totalling
5.68 acres which are corrtiguous to the City of Tigard. The applicants
request annexation in order to be eligible for sanitary sewer service.
_ Because the territory is designated within Tigard's active planning area and
has already been assigned a Comprehensive Plan designation of low
CITY COUNCIL MEET1NG MINUTES - APRIL 25, 1995 - PAGE 7
~ • .
density residerrtial, the Ci4y Council only needs to assign a Tigard zone
designation to the property. The proposed resolution initates annexation
and the proposed ordinance changes the zone designation from
Washington Courity R-5 to R-4.5.
Mr. Valone advised that one property, identfied as Parcel A on the map,
has been included in the annexation proposal without the owner's consern,
because of its location. It is surrounded by, and depends upon Parcel B,
for its access. Efficierrt use of facilities and services are the primary reasons
for its inclusion. City staff preferred to have Parcel A be part of the
annexation proposal. The Police Departrnent, in particular, wants the parcel
to be included with the annexation because of the confusion involved during
. Police response if it is left out.
d. Public testimony.
Mayor Nicoli read the following statement:
For aJl those wishing to testiiy, please be aware that failure to raise an issue
with sufficierrt specficity to afford the Council and parties an opportunity to
respond to the issue will preclude an appeal to the Land Use Board of
APPeals on this issue. TesKimonY ,
and evidence must be directed toward
the criteria that staff will describe or other criteria in the plan or land use
regulation which you believe apply to the decision.
APPlicartt:
• Brad Fudge noted he lived °on the edge of Tigard° and wants to
annex to the City. He advised he is already using the services
offered by the City, including parks and library, and feels he should
pay for them if he is using them. He noted that in order to access
his govemmerrt agency, he now must travel to Hillsboro and would
prefer to be able to go to Tigard. He also advised he would like to
have sewer. He noted he was not in any hurry to develop his
property; however, if he is going to be part of Tigard, he should be
in the City. Mr. Fudge advised that if Parcel A was not approved, it
would not matter to him.
In response to a question from Councilor Rohlf, staff advised the
. current ordinance states that parcels outside the City could not be
asked to participate in a reimbursemerrt district.
CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 8
. ~ .
Opponent:
• Linda Duandt, 14165 SW 115th Avenue, Tigard, Oregon, owner of
the property identified as "Parcel A,° advised she protested the
annexation to the City without consent. Ms. Quandt also submit4ed
a letter which is on file with the Council packet material. Ms. Quandt I
noted she would not object coming into the City if the rest of the ~I
suROUnding properties also annexed.
e. Staff Recommendation: I
Staff recommended that the C' Council forvvard the ro osal as written t ~Y p p o
the Boundary Commission for review. Staff also recommended the Council
approve the ordinance, changing the zone.
f. Public hearing was dosed.
g. Council Questions and Consideration:
Councilor Hawley asked about the application fee. The cost of this
annexation application was $850. If Parcel A annexed by itsetf, the cost
would be $215. Mr. Valone advised a rate increase for applications would
go irrto effect July 1, 1995. 'During further Council discussion, it was noted that there is a road mairrtenance agreement and easement off of Gaarde to access Parcel A.
Mir. Fudge advised this easemerrt would be maintained because the parcel needed to have access; however, the easemenrt location could be changed.
There was discussion on ownership of the various lots in the proposal and
associated easements.
Councilor Rohlf asked whether Mr. Fudge would consider exempting the
Quandt property for any future sewer reimbursement districts. Mr. Fudge
responded "no," that he would warrt to get paid for the sewer if he instafled
a line.
Council then discussed the policy on annexing islands. It was noted that
in the past, some Council members had concems with forced annexation.
Mayor Nicoli noted concems with leaving Parce( A out of the annexation
because of problems for the Police Departmerrt.
CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 9
• ~ .
Councilor Hunt noted if Council approved this action forcing Parcel A to
come into the City, then this would be inconsistent with the policy on island '
annexation. He advised that afthough it would appear inconsistent from his
previous action, he would vote against the proposal.
_ Mayor Nicoli advised his recollection of Council poiicy on island annexation
differed from Councilor Hunt's - that the decision Council made was
whether or not the entire Walnut island area would be brought in. He
thought this did not preclude individual properties from being brought into
the City.
Associate Planner Valone advised that the proposal before City Council at
this hearing was a°double majority" annexation. This type of annexation
has, in the past, been viewed by the Boundary Commission differently (and
generally, more favorably) from a'forced' island annexation.
Councilor Rohif referred to concems with reimbursemerrt districts. He noted
he would prefer to leave Parcel A out of the recommended annexation
proposal to be forvvarded to the eoundary Commission.
Councilor Scheckla also agreed that Parcel A should be left out. He
referred to the map, noting that a similar island was located nearby. He
questioned why service delivery concems had not been presented
previously to Council by staff.
Councilor Hawley asked that if Parcel A was left out of the proposal, woutd
this jeopardize the approval of the rest of the annexation? Mr. Valone
responded that the Boundary Commission could choose to modify and
include Parcel A. It was unlikely the request would be denied if Parcel A
was left out. In addition, Mr. Valone advised that since the proposal was
received at City Hall, three additional parcels to the west indicated they will
join in at the Boundary Commission level and ask to be added into the City.
Further questions followed with regard to Boundary Commission
consideration and policy. ;
I
h. Motion by Councilor Rohlf, seconded by Councilor Hawley, to adopt I
Resolution No. 95-20 and Ordinance No. 95-06 as amended to delete Parcel
A; Parcels B, C, and D would comprise the annexation proposaL ,
i. RESOLUTION NO. 95-20 - A RESOLUTION INITIATING ANNEXATION TO I
THE CITY OF TIGARD OF THE TERRfTORY AS DESCRIBED IN DCHIBIT
"A" AND ILLUSTRATED IN DCHIBIT "B" (ZCA 95-0002).
C1TY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 10
, , • •
I
.
ORDINANCE NO. 95-07 - AN ORDINANCE ADOPTING FINDIIVGS AND I
CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AW
EFFECTIVE DATE (ZCA 95-0002).
j. Motion was approved by a majority vote of Councii preserrt. (Councilors
Hunt, Rohif, and Scheclcla voted 'yes;' Mayor Nicoli and Councilor Hawley
, voted 'no.'
)
7. CONSIDER PROHIBITING PARKING ON CANTERBURY LANE NEAR PACIFIC '
HIGHWAY
City Engineer Wooley reviewed the staff report. Currently parking is prohibited on
north side of Canterbury Lane, but allowed on the south side. Cftizens complain
the south side parking is a problem near Pacific Highway. When the traffic signal was installed on Pacfic Highway at Canterbury, a left tum lane was added on the
Canterbury approach to the irttersecdon. With the left tum lane markings, there is
no longer sufficient room for parking on Canterbury near the intersection.
Recerttfy, vehicles from the adjoining apartrnents have occasionally caused some
problems in the area near the intersecction. The proposed ordinance would coRect
this situation by prohibiting parking in the area of the tum lane. .
Motion by Councilor Hawley, seconded by Councilor Rohff, to adopt Ordinance
No. 95-07.
ORDINANCE NO. 95-07 - AN OADINANCE AMENDING TMC 10.28.130 BY
ADDING POFtT10NS OF SW CANTERBURY LANE WHERE PARKING IS
PROHIBITED.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley. Hurrt, Rohff, and Scheckfa voted "yes.")
8. CONSIDER PARKING RESTRICTIONS ON SW 109TH AVENUE
City Engineer Wooley reviewed the staff report. Parking restrictions were
requested by Jill Coon, manager of the Panorama West/Canterbury Apartrnents.
The restrictions would be in the area of a sharp curve in 109th Avenue south of
Canterbury Lane. The letter on file indicates the requesi is supported by the
managers of all the adjoining apartrnent complexes. In addition, notice of the
proposed parking restrictions was sent to ovmers of record of the apartrnents and
the remaining undeveloped parcel abutting the curve.
As with other areas of apartment development, on-street parking has increased in .
the 109th area in recent years. Both Engineering and Police Departrnents have
CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 11
• • received calls of concem regarding safety at the curve when vehicles are parked
along both sides of the street. The proposed parking restrictions will alleviate
these concems. The restriciions appear to be supported by those responsible for
the adjoining property. In response to a question from Councilor Hurrt, City Engineer Wooley advised that
these areas would be impacted with additional traffic, once the Triad development
was completed. Motion by Councilor Hawiey, seconded by Councilor Rohlf, to approve Ordinance
No. 95-08.
ORDINANCE NO. 95-08 - AN ORDINANCE AMENDING TMC 10.28.130 BY
ADDING PORTIONS OF SW 109TH AVENUE WHERE PARKING IS PROHIBITED.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hurrt, Rohlf, and Scheclcla voted "yes.")
9. NON-AGENDA ITEMS
9.1 Transportation Impact Fees Mo
Mayor Nicoli advised he suggested at the last WCCCA meeting that he had two
recommendations for changes to Transportation Impact Fees (TlF): '
• County ordinance requires that local govemments charge themselves a T1F
fee. It doesn't appear that anyone has collected such fees and he
suggested the ordinance be changed to reflect practice. Council
consensus was to approve. • Suggested that cities not charge schools TIF fees, noting the service
schools provide; i.e., act as parks and use of facilities. Discussion on pros
and cons of this proposal followed. "Pros° included:
• good relationship further enhanced between City and School
District,
• would not be very costly to Tigard.
CITY COUNCIL MEEr1NG MINUTES - APRIL 25, 1995 - PAGE 12
~
I
. ~ .
. ~
I "Cons" included:
• money for improvemerrts must come from somewhere and
schools impact the need for road improvements because of
traffic they generate. (Recent school reeds cited were the
I Grant Avenue sidewalk and 79th/Durham signai.)
9.2 Gas Taxn/ehicle Registration Fees
City Administrator Monahan advised that the legislature may be considering
a transportafion package on a gas tax and an increase in vehicle
registration fees. The gas tax would provide dollars for new street and road
projects; without this funding, there will be no money available for new
projects for the next four years. The vehicle registration fee will be used for
: mass transit.
Cauncil broke this down irrto three issues:
• Majority of Council supported that the bill should be brought to the
floor for debate. (Mayor Nicoli and Councilors Hawley and Hunt
voted °yes;" Councilors Rohlf and Scheckla voted °no.')
• Majority of Council did not support the 2-cent gas tax increase.
(Mayor Nicoli and Councilor Hunt voted "yes;° Councilors Hawley,
Rohlf and Scheckla voted "no.")
• All of Council did not support the mass transit portion of the
proposal.
ADJOURNMENT: 9:17 p.m.
~.?~t~+.~,~ Gt> r
Attest: Catherine Wheatley, City Recor r
or, City of igard
, Date: s
, c=oa2s.ss -
CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 13
dye-
~ •
Return completed questionnaire to: ~
Center for Population Research and Census
Portland State University
P.O. Box 751
Portland, OR 97207-0751
No later than September 27, 1995 for certification on September 30,
1995. A N N$% A T I O N Q II$ 8 T I O N N A I R g
City of 1 lC-i A-R~D County of N-i N'e, ( alQ
Annexation Ordinance Number or Final Order Number
Effective Date of Annexation (.0 1"49 5
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 followinq section if there are ess
than 200 housinq units in this annexation.
Attach completed confidential census schedules for all housinq units i
both vacant and occupied. There must be one sheet for each
inhabitable housing unit. '
HOUSING UNITS AND POPULATION AT TIME OF ANNEXA,TION
TCTAL OCCUPIED VACANT PERSONS I~
UNITS IN SINGLE FAMILY STRUCTURES 5 S
UNITS IN MULTIPLE FAMILY STRUCTURES
MOBILE HOMES OR TRAILERS C)
TOTAL POPULATION OF ANNEXED AREA Date of Certification •-1.~~~
CERTIFIED BY ~ C c + -r cv TITLE
• - 1
TELEPHONE NfU~CBER
✓ b ~ l/ " ~//7! ✓
This questionnaire and the completed census schedules are the only
data used to certify annexed population. 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 '
Wineberq at the Center for Population Research and Census, 725-3922.
THANK YOII.
I
I
9CONFIDENTIAI.9
~
~
City of
Address ~y,~_~l
HOUSING TYPE TENIIRE
Single Unit Structure Owner Occupied ~41
Multiple Unit Structure O Renter Occupied O Trailer or Mobile Home vacant
RE3IDENT3
Last Name First Name Sex Age
Respondent LY~tGLJ-2 -1 2. v ee,~ ~ 33
3.
4.
5.
6.
7.
8.
9.
10.
Portland State University School of Urban and Public Affairs
Center For Population Research and Census 725-3922
I
9CONFIDENTIAI*
~ .
~
CitY of
Address ILIII`yL-' ~ / ~ L-Gl•`~I
. ' I
,
HOIISING TYPE TENIIRE ;
Sinqle Unit Structure Owner Occupied (
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home Vacant
RE3ZDENTS
, Last Name First Name Sex Age
Respondent (2ke.2
2. ~•rJL'~-L-C'7lr '~:~'1~....g r U C..t a
3.
~
4. 'I
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
4pCONFIDENTIA10
City of
i
~
Address 7l- L% ~ ~ .
HOIISING TYPE TENIIRE
Single Unit Structure Owner occupied (~j.
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home Vacant
RE3IDENT3
Last Name First Name Sex Age
,
~
Respondent ~~~n ~i2 c•
e /
2 . J~°,.,~'
3.
4.
5.
6.
7.
8.
9.
10.
Portland State University School of Urban and Public Affairs
Center For Population Research and Census 725-3922
I
V,
9CONFIDENTIAIO
jA'
City of
~J/.L~~~ ;
~ _
~rAddress
HOOSING TYPE TENIIRE
Single Unit Structure Owner Occupied
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home Vacant
RE3IDENT3
Last Name First Name Sex Age
~
~
Respondent
I
2.
3.
4. I
I 5, I
~
, 6.
I
7. ~
8.
9.
10.
Portland State University School of Urban and Public Affairs
Center For Population Research and Census 725-3922
~I
' - ~ *CONFIDENTIAIO
,
C ity o f
~ •,~,~r I► •
Address /-L- L,
HOUSING TYPE TENURE
Single Unit Structure Owner Occupied ,
Multiple Unit Structure Renter Occupied ~
Trailer or Mobile Home Vacant
RE3IDENT3
Last Name First Name Sex Age
~
Respondent ~~~?~y~ . :•~~GC r~.~ 11;17 L( <1 )6-1
2. GIeti ~411 L
~ 3.
~'~~,.,L~•C-~ ~ ~ ~
4.
'I .
5.
6.
7.
8.
9.
10.
Portland State University School of Urban and Public Affairs
Center For Population Research and Census 725-3922
NOTICE TO TAXING DISTRICTS
ORS 308.225
'V• QREGON DEPARTMENT OF REVENUE This is to nofrfy you that your boundary
Cartnt'rarhic lJni.t. change in Washirisit.nn County, for
955 GentGr atrpE+t idE AtdidC:( 'TQ Tl•IG CZ1'Y OF
Salemy OR 97310 TIGAkD. 4l1TF4f1RAW FftQM
(50:3) 445-•8297 't!•1[iJA3No C04 i(:RV.11I ST.
FAX (503) 945-.8737
TIiD (503) 945-8617 F.O. 3476
has been:
CI1'Y Ot" TTGARI1 ~ Received 6"'23°'45
FINANCE 11IRECTOk '
13125 .riG1 'rfAl.l.. BLV11
71GAFtD Ok 97223 ~ Approved 7-2h... 95
Notes:
❑ Disapproved (see notes)
ISSUEL1 7fJ C17RRi:CT A F.RFtOR IN RCCQEtTl KCC1'iNG.
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue fife number. I►I]R ;A--107 5-S ; Mid e Fh►!4hes
Boundary: 0 Change ❑ Proposed change ❑ Planned change
The change is for:
❑ Formation of a new district ~ Description
E] Annexation of a territory to a district 13 Map ~X nESCftIPTIt1N AND MAf' APPR[1VEA 4
E] Withdrawal of a territory from a district ~ 7- 21-45 u
❑ Dissolution of a district ~ 4, F Cft llft5 303.225
sX
❑ Transfer
❑ Merge Received from: M, I3 . G.
150-303-039 (Rev. 12-93)
Dlatrmutlon: WhNe - taxfng dlet. Canary - counry asaesaor Pfnk - Dept. of Revenue Gokenrod - county commissloners or Counry Court/Boundary Commlsebn (if approprlate)
~ •
NOTICE TO TAXING DtSTRICTS
ORS 308.225
=65°RRd.Y
This is to notify you that your boundary
. OREGON DEPARTMENT OF REVENUE
~ Cartograr-hic llriit change in Washi.ngi.on County, for
955 Center S4 reet NE ANtdEX TO Tt•IC f,ITY OF
Salems OF 97310 TIGAkA. WITFIDF:A41 FP,ili•i
(503) 945...8297 T4iEldAi'rle CQo >fRVoDI`•iT.
FAX (503) 945-8737
' TDD (503) 945•-8617 F.[1. 3476
has been:
CI1'Y OF TiGARD ~ Received 6°23•••95
FIFlAiVCE DIKECTOR
13125 >lJ FIAI.L }1l.VD
TIGAf.U OR 97223 ❑ Approved
Notes: El Disapproved (see notes)
THG AESCtt[PTIQN ANA YI•IE MAP ARC NOT 1'H ,APfEa 'fh1E t:XCGQTION TCl E'AttGEL QidC IS
MISSING.
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue file number: D 0R "'~A.- 1.075-•9 ; Mib e Hughes I
Boundary: 9 Change ❑ Proposed change ❑ Planned change
The change is for:
❑ Formation of a new district 9 Description
El Annexation of a territory to a district Q Map
El Withdrawal of a territory from a district
❑ Dissolution of a district
❑ Transfer
❑ Merge Received from: F -M• R• C •
150-303-039 (Rev. 12-93)
I Distributlon: WhRe - taxing dist. Canary -caurtry asaesaor Pink- Dept. ot Revenue Goldenrod - county commissloners or Caunty CourtlBoundary Commlasbn (II appropriaW)
• •
~
CITY OF TIGARD
OREGON
July 12. 1995
Mayor
Jim Nicoli
City Council
Marvin and Helen Eberting Wendl Conover Hawley
14040 SW 117th Ave. Paul Hunt
Tigard, OR 97224 Bob Rohlt
Ken Scheckla
Dear Mr, and Mrs. Eberting:
We neceived official notficaUon that the annexatjon proposal at the above address became flnal. The
effecthve date af the annexation was January 29. 1995. A copy of the Boundary Commission's Final Orcler
Is endosed. Also endosed is our citizen packet, which we hope wiil be helpful to you.
On behalf of the City CouncU, I welcome you to the Ciry of Tigard. The Courrty Etecdons DepaKment has
been notffled; they will update your voter regtstratton so you can vote on Ttgard issues and candidatea
Emergency pubNc safery seMces can be reached by diaifng 9-1-1. The Flre DistMct conUnues to serve you
as beFore. The Tigarti Pdice DepartmeM wql now resporid instead of the ShertfPs Department. Please catl
ihe Pdice DepartmeM for any public safety concems you may have.
Tigard is proud of its weil-run facilities. Street mairrtenance and sewer f(ne servtces are provtded by the City.
Unifled Sewerage Agency is responsibte for sewage treatment through a cormact wfth the City. .Your sewer
billing wiil be handfed through a Ciry biiling process Instead of through the Cou►ny tax bill. Water service '
wilt conttnue through the Tigard Water Department as before.
The City of Tigard's Library and its association with the Washington CouMy Library Service offers you flrst-
rate library senrice and access to just about any subject. Our Fnance and Administration Departments are
orierrted to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questions
or concems.
Once again, ( wish you a sincere wetcome.
Sin Y.
•
mes Nicoli
ayor
endosures
h:\login\jo\welcome
13125 SW Hafl Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. •
CITY OF TIGARD
OREGON
July 12, 1995
Mayor
Jim Nicoli
City Councli
John and Mary Olsen Wendl Conover Hawley
11760 SW Gaarde SL Paul Hurtt
' Tigard, OR 97224 Bob Rohlt
Ken Scheckla
Dear Mr. and Mrs. Olsen:
We received official notiflcatton that the annexation proposal at the above address became flnal. The
effectlve date of the annexation was January 29. 1995. A copy af the Boundary Commission's Flnal Orcler
is endosed. Also endosed is our citizen packet, which we hope wfll be helpful to you.
On behalf of the City CouncA, I welcome you to the City of Tigard. The County ElecNons Department has
been notifled; they wiil update your voter registration so you can vote on Tigard issues and candidates.
Emergency public safety servicas can be reached by dialing 9-1-1. The Flre District coMinues to serve you
as before. The Tigar+d Pdice Department will now respond instead of the SheriiPs DepanmenL Please cail
the Pdice Department for any public safety concems you may have.
Ttgard Is proud of its well-run tacqides. Street maiMenance and sewer Iine servtces are provided by the City.
Unifled Sewerage Agency is responsible for sewage trwtment through a corrtrad with the Ctry. -Your sewer
biiling wiil be handled through a City bUling process instead of through the Courrty tax bill. Water service
will corttinue through the Tigard Water Department as before.
The City of Tigard's Library and its association with the Washington Courrty Library Service offers you flrst-
rate library service and access to just about any subJect Our Flnance and Administration DepartmeMs are
oriertted to good citizen service and we ask that you not hesitate to call 639-4171 ff you have any questions
' or concems.
Once again, I wish you a sincere weicome.
Sin y,
S;i~ ~
ames Nicoli
Mayor
endosures
h:\togin\Jo\welcome
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• ~
CITY OF TIGARD
OREGON
July 12, isss
Mayor
Jim Nicofi
City Council
Brad and Kltty Fudge Wendi Conover Hawley
I 14235 SW 115th Ave. Paul Hurtt .
Tigar+d, OR 97224 Bob Rohlf
Ken Scheckla
Dear Mr, and Mrs. Fudge:
We received officfal notffic:ation that the annexation proposal at the above address became flnal. The
effiea2lve date of the annexaUon was January 29, 1995. A copy of the Boundary Commission's Flnal Orcier
is endosed. Also endased is our citizen packet, which we hope wAI be helpful to you.
On behalf of the City Council, I welcome you to the City of Tigard. The County Electtons Department has
been notiHed; they will update your voter registration so you can vote on Tigard tssues and candidates.
Emergertcy pubifc safery servlces can be reached by dialing 9-1-1. The Flre Dtstrict coMinues to serve you
as before. The Tlgarcl Pdice Department vn11 now respond instead of the SherffPs Departmerrt. Piease call
I the Pdice Department for any public safery concems you may have.
Tlgard is proud of its well-nan iac0ides. Street mairrtenance and sewer I(ne servic:es are provided by the Ciry.
Unffied Sewerage Agency is responsible for sewage treaimerrt through a coMract wfth the City. - Your sewer
bA(ing wiit be handied through a City bflltrtg process instead of through the CouMy tax bUl. Water service
imll conttrtue through the Tigarcl Water Depariment as before.
The City of Tigard's Library and its association with the Washington County Library Service offers you first-
rate library service and access to Just about any subject Our Fnance and Administration DepartmeMs are
orieMed to good citizen service and we ask that you not hesitate to call 639-4171 if you have any quest(ons
or concems.
Once again, t wish you a sincere welcome.
j Sinc ely,
.
ames NicoU
Mayor
endosures
~ h:\login\jo\welcome
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ .
CITY OF TIGARD
OREGON
' July 12. 1995
Mayor
Jim Nicoli
City Councii
Unda puarKit Wendi Conover Hawley
14165 SW 115th Ave. Paul Hunt •--Tigard, OR 97224 Bob Rohlf
Ken Scheckla
Dear Ms. Quancit:
We received officlai notfffication that the annexatton proposal at the above address became flnal. The
effective date of the annexation was January 29,1995. A copy of the Boundary Commiss(on's Flnal Orcler
is endosed. Also endosed Is our citfzen packet, which we hope will be helpful to you.
On behalf of the Ciry CouncA, I welcome you to the City of Tfgard. The County ElecUons Department has
been notifled; they will update your voter registration so you can vote on Tigard tssues and cand(dates.
Emergency public safety services can be reached by dialing 9-1-1. The Flre District coMinues to serve you
as before. The Tigard Police Department wiil now respond instead of the Sheriffs DepartmeM. Please call
the Police DepartmeM for any public safety concems you may have.
Tigard is proud of its well-run facilfties. Street mairrtenance and sewer line seMces are provided by the Ciry.
Un'rfied Sewerage Agency is responsible for sewage treatmertt through a corrtract with the City. Your sewer
b7ling will be handled through a City billing process instead of through the County tax biil. Water serv(ce
will coMinue through the Tigard Water Department as before.
The Cfry of Tigard's Library and its association with the Washington County Library Service offers you flrst-
rate Iibrary service and access to just about any subject. Our Flnance and Administration DepartmeMS are
orieMed to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questions
or concems.
Once again, I wish you a sincere welco, e.
Sincer ,
~
J es Nicoli
yor
' enclosures
~ h:\login\io\welcome
13125 SW Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ 1 • July 5, 1995
FINAL ORDER ON ANNEXATION 3476 (FUDGE/EBERTING) ZCA 95-0002
Aitached is the final order on Annexation 3476 (Fudge/Eberting), effective June
1, 1995. Census information is as follows:
Final Order 3476:
Owners:
Brad & Kitty Fudge 2S110BA-00200, 1 SF dwelling
14235 SW 115th Ave. Est. population - 2
Tigard, OR 97224
Marvin & Helen Eberting 2S110BA-00300, 1 SF dwelling
14040 SW 117th Ave. Est. population - 2
Tigard, OR 97224
Other parcels annexed with this proposal:
• Linda 62uandt 2S1 IOBA-00100, 1 SF dwelling ;
14165 SW 115th Ave. Est. population - 2 I
Tigard, OR 97224 ~
• no address 2S110BA-00500, Vacant
• 11740 SW Gaarde St. 2S1106A-0 1500, 1 SF dwelling
Tigard, OR 97224 Population unknown
• no address 2S110BA-01800, Vacant
• John & Mary Olsen 2S110BA-01900, 1 SF dwelling
11760 SW Gaarde St Population unknown
Tigard, OR 97224
Please call if you have any questions. , Ray Valone
Community Development Department -
attachments
j1g/annexmer,2
~
e • , •
cZ-
Name Final Order Number
~-=c y ~-b n
ANNEXATION FOLLOW-UP PROCEDURE
1. Receive Final Order from Boundary Commission. Date 7
2. Request census.
If less than 200 homes City Recorder must pertorm.
(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
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.
~ =o
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
- '~i
in memo. Date `7 ~ f
, .
~ •
5. Not'Y a9encies of annexation (see list attached). Letters must
~
be sent by certified mail to:
General Telephone Co.; Paciiic NW Beli Telephone; NW Natural Gas;
Unified Sewerage Agency; MACC; Portland General Electric;
Tualatin Valley Water District; Pride Disposal; Miller's Sanitary
Service, Inc.; Schmidt's Sanitary Service.
Only send letter to OLCC if a liquor license outlet is involved. Date
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
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 ~ Z z - `l 5
h: \log i n ~ o\an nexpro.l
Revised 03/95
~ •
I
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy
Wheatley, Randy Wooley, Randy Volk, David Scoit, Kathy Davis
FROM: Ray Valone fZ/
DATE: July 5, 1995
SUBJECT: Final Order on Annexation 3476 (Fudge/Eberfing) ZCA 95-0002
Aitached is the final order on Annexation 3476 (Fudge/Eberting), effective June
1, 1995. Census information is as follows:
Final Order 3476:
Owners:
Brad & Kitty Fudge 2S 110BA-00200, 1 SF dwelling
14235 SW 115th Ave. Est. population - 2
Tigard, OR 97224
Marvin & Helen Eberting 2S1106A-00300, 1 SF dwelling
14040 SW 117th Ave. Est. population - 2
Tigard, OR 97224
Other parcels annexed with this proposal:
• Linda Quandt 2S110BA-00100, 1 SF dwelling
14165 SW 115th Ave. Est. population - 2
Tigard, OR 97224
• no address 2S110BA-00500, Vacant
• 11740 SW Gaarde St. 2S1 IOBA-01500, 1 SF dwelling
Tigard, OR 97224 Population unknown
• no address 2S110BA-0 1800, Vacant
• John & Mary Olsen 2S1106A-0 1900, 1 SF dwelling
11760 SW Gaarde St Population unknown
Tigard, OR 97224
h: \ login\ jerree\ annexmem
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO: 3476 - Annexation of territory to the City of Tigard.
Proceedings on Proposal No. 3476 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consents from the City on April 28, 1995,
requesting that certain property be annexed to the City. The resolution and consents meet 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 June '
1, 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 govern
Final Order - Pa9e 1 f
1995
r
~
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....o,.------------------~-'-
in most cases better able to assess the financial resources and therefore is the best
mechanism for establishing community service priorities.
"(2) It is the intent of the Legislative Assembly that each boundary commission
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
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:
"(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
I
. • ~
"(c) Territory within a district may not be included within or 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. 3476 as modified on June 1, 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 COMMISSIONFDATE: BY:
hair
ATTEST:
Final Order - Page 3
~ .
, ~
, Exhibit A
Proposal No. 3476
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory to be annexed contains 5.5 acres, 2 single family dwellings, an estimated
population of 4, and is evaluated at $211,020.
2. The owners are requesting annexation in order to receive additional police protection and for
sewer service. There are no development proposals at this time, but the owner of Tax Lot
200 has tentative plans to develop his property within one-to-two years.
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 territory is currently part of an area generally referred to as the "Walnut Island." The
proposal as submitted to the Boundary Commission creates yet another island of Tax Lot
100. The original proposal (as submitted by City of Tigard planning staff to the City Council)
included Tax Lot 100, as explained in the staff report:
"The applicants, owners of three of the four parcels, have requested that the 5.68-acre site be
annexed to the city by means of the double majority method. Representing the owners of more
than half the land (97%) and a majority of the registered electors (67%) of the area proposed to
be annexed, the applicants have initiated this action through their written consent. The fourth
property, parcel A(Tax Lot 1001 has been included in the annexation proposal without the
owner's consent because of its location. It is surrounded by, and depends upon parcel B[Tax
Lot 2001 for its access. Efficient delivery of facilities and services is the primary reason for its
inclusion. City staff prefer to have parcel A[Tax Lot 1001 be part of the annexation proposal.
The Police Department, in particular, wants the parcel to be included with the annexation
because of the confusion involved during police response if it is left out."
At the April 25, 1995, meeting of the Tigard City Council, the owner of Tax Lot 100 (Ms.
Linda Quandt) appeared before the Council and asked that she not be included in the
proposal. The Council then modified the proposal to exclude this property.
Ms. Quandt also wrote a letter to the City, requesting that she be exempted from the
annexation proposal. Further testimony was given during the City Council meeting. Ms.
Quandt indicates that her concerns are not primarily paying City taxes but rather that she is
being treated differently from others. She feels that other non-consenting properties would
make more likely candidates for inclusion as non-consenting properties in double-majority
annexations.
The discussion of this proposal at the City Council meeting indicates that part of the reason
for deleting this parcel from the proposal was fear of Boundary Commission disapproval.
Final Order - Page 4
. • , • •
Exhibit A
Proposal No. 3476
Also evident in the discussion was some lack of understanding about the difference between
the double-majority annexation process and the island annexation process. Finally, the
Council appeared not to be 100% in agreement about the meaning of the resolution they
recently passed rescinding their intention to pursue annexation of the Walnut Street area by
the island annexation method.
' The resolution itself makes it fairly clear that the City's intention is to abandon the island
annexation method. Nothing therein says the City will not employ the double-majority
method of annexation, nor does any language appear to prohibit inclusion of a minority of
non-consenting property owners in a double-majority proposal as the method allows for.
Conversation between the Boundary Commission chair and staff director and the City's
Mayor and Manager confirm this conclusion.
5. The northern half of the site slopes downward from northwest to southeast at a 10% grade.
The southern part slopes southwest to northeast at a 13% grade. These slopes form a swale
running west to east that bisects the site. Approximately two-thirds of Tax Lot 200 is a
Christmas tree farm.
Land use on surrounding parcels consists of single-family residences to the east, south, and
west; and St. Anthony's Cemetery to the north. The territory is contiguous to the City on
the north and south.
6. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
7. The territory is located within the County's 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 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."
The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet.
Washington County has a single designation for planning and zoning.
8. 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.
Final Order - Page 5
. • . • . •
Exhibit A
Proposal No. 3476
9. 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.
10. 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.
The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen
Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent
Tigard Community Development Code sections are Chapters 18.136, Annexations; and
18.138, Established/Developing Area Classification. The City of Tigard has planned to
rezone the territory to R-4.5 upon annexation.
11. There is an 8-inch sewer located along the south property line of Tax Lot 200, which can
easily serve the Fudge residence. However, in order to sewer the entire property (in the
event that it is developed), the 8-inch line located in SW 1 14th Avenue, approximately 350'
east of the site, is the best suited to serve the territory due to its topography.
There is another 8-inch line located in Gaarde Street, which ends at 1 18th Court, to the west
of the properties.
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
I Proposal No. 3476
As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate
of $14.59 per month plus a consumption charge of $1.00 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.
12. The site can be served by a 12-inch water line located adjacent to the property in SW Gaarde
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 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 this 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.
13. Upon annexation to the City, the territory will be automatically withdrawn from the Washing-
ton County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand
Final Order - Page 7
+ • ~
Exhibit A
Proposal No. 3476
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. Emergen-
cy response in Tigard is under five minutes.
The City Police Department specifically responded to this proposat. They believe it does not
make sense to leave out a single property completely surrounded by another parcel within the
City. In effect, the surrounded parcel will be getting service by the City by virtue of the
Department's responsibility to serve the surrounding parcel. In any emergency, response to
that piece would likely come from the City since it is likely to have the closest unit.
14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect
this service because the City is in the District.
15. 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 425 feet of frontage along SW Gaarde Street, which is
classified as a major collector. This street is already within the City.
16. 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.
17. 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. Upon annexation the
subject territory 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.
18. Tigard operates a park system funded through its tax base which finances the general fund.
Tigard has 6 developed recreation park sites as follows:
A. Cook Park, 51 acres. It is the City's largest park and is located on the Tualatin River. The site
is heavily wooded along the river and the southeast portion of the park. Improvements to the
Finaf Order - Page 8
1
,h e ....o. . . . . . ~
JUL 19 1995 Exhibit A
' Proposal No. 3476
.
u~
~
park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and I
= natural areas and trails. I
B. Summerlake Park, 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 li
tennis courts. I
I
C. Woodard Park, 26 acres. It has play equipment and paths.
D. Fanno Creek Park, 20 acres. It has a large field, play equipment, paths, and basketball and
volley ball facilities.
I E. Englewood Park, 15 acres. It has fields, play equipment and paths.
F. Jack Park, 5.62 acres. It has play equipment, a shelter, paths, a basketball court and a
~ volleyball facility.
Tigard does not provide swimming pools, which are provided by the Tigard School District.
Tigard provides recreation programs (through a contract with a private company). The
programs provided include tennis, basketball, soccer, volleyball and other special interest
~ summer camps for kids. The city also provides year round classes such as crafts and
painting classes for adults.
19. There are eleven public libraries in Washington County, nine of which are provided by cities,
including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill.
The West Slope Library is a county library and the Cedar Mill Library is operated by a non-
profit corporation.
The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal
year 1994-95) on all properties in Washington County. The revenues from this levy are
allocated to each of the eleven libraries based on circulation. City residents pay, through
their City taxes, an additional amount to support their libraries.
20. The site drains naturally into a swale that cuts across the center of Tax Lot 200. There is a
storm drain culvert located along SW 1 14th Avenue, approximately 300' east of the site.
The City also maintains a drainage pond on Tax Lot 3400, directly to the south of Tax Lot
200.
The Unified Sewerage Agency levies an annual assessment for storm drainage services of
$36 per dwelling unit of which $24 goes to the City.
21. The Boundary Commission staff received a request from John W. Olsen to include his
properties (Tax Lots 1500, 1800, and 1900; S 1 106A) in the annexation. The modification
contains 4.02 acres, 2 single family residences, an estimated population of two (two resident
owners/registered voters, one absentee registered voter) and an assessed value of $314,140.
Services can be made available to these properties in a similar manner to the original
proposal. Sewer service for the northern portion of this area could be supplied from the line
Final Order - Page 9
. I.' . ~ ~
Exhibit A
Proposal No. 3476
at 1 18th and Gaarde and the southern portions can be served from the line on the south
edge of the area to be annexed.
The staff also recommends that this proposal be modified to include Tax Lot 100, S 1 10 BA,
as originally recommended by City of Tigard staff, and as originally submitted to the Tigard
City Council as part of the double-majority annexation proposal. The proposed modification
contains 0.18 acres, one single family residence, an estimated population of 1(the owner
and registered voter, plus an additional absentee registered voter) and is evaluated at
$82,220. The modification would provide for the efficient delivery of services, and be in
conformance with the stated policies of the Tigard Comprehensive Plan.
' With regard to Tax Lot 100 the original proposal, as modified by the City Council appears to
contradict Tigard Comprehensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100
creates, rather than elrminates "an existing 'pocket' or 'island' of unincorporated territory".
The current proposal, as modified by the C.ity Council, also appears to contradict Tigard
Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does "create an
irregular boundary that makes it difficult for the police in an emergency situation to determine
whether the parcel is within or outside the city."
The City recently rescinded its policy of using the island annexation method to annex
properties to the City. However, the double-majority annexation method remains an available
and appropriate method of annexation to achieve logical City boundaries and conform to the
policies set forth in the Tigard Comprehensive Plan.
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal should be modified to include Tax Lots 100, 1500, 1800, and 1900, S 1 10BA.
The property owner of Tax Lot 100 opposes inclusion of her property in the annexation. She
argues three issues: 1) that the location of her home well off a well traveled street regularly
patrolled by City law enforcement lessens the need for obligation to pay for additional police
, protection; 2) that other properties in the vicinity make better candidates for inclusion as non-
' consenting properties in double-majority annexations; 3) that she thinks this is violating the
City's commitment not to force any properties within the Walnut Street island to annex to
the City.
With regard to the first point the Commission acknowledges that every property owner has a
slightly different relative need for (and feels a different obligation to pay for) urban services.
The criteria the Commission must consider (ORS 199.410(3)(b)) is whether the quantity and
quality of service is "adequate." In this case the Commission judges the level of service
offered by the City 0.3 officers per 1000 population) to be adequate. The Commission
further notes that if the property were left out but completely surrounded by the City, for all
Final Order - Page 10
I
, • I' • ~ • !
Exhibit A
Proposal No. 3476
intents and purposes the property would be getting benefit of that adequate service without
paying for it, a fact which is to some degree true even before approval of this annexation.
, The second argument by the property owner is also not directly related to criteria to be
, considered by the Commission. The Commission is to look at adequacy of services,
, governmental structure, land use implications, etc. and make findings on how those criteria
relate to the proposal at hand. Other properties could have been proposed to be included in
this proposal as non-consenting owners (within the confines of the double majority law of
course) but they were not. Again the question for the Commission is: Does his annexation,
including this tax lot meet the criteria of adequate services, compliance with land use plans,
etc? The Commission finds that it does.
The Commission has examined the City's Resolution 95-15, the minutes of its meeting on
this annexation proposal and has spoken with representatives of the City. The Commission
concludes from this analysis that the City has decided not to employee the "island" annex-
ation method (ORS 199.490(5))(a) and 222.750) in the Walnut Street island area. That
method allows the City to initiate annexation of areas surrounded by the City without the
necessity of obtaining any consents from property owners/voters and to annex the territory
and without an election if the Boundary Commission approves the proposal. However our
analysis reveals no indication that the City intends to annex onlv consenting properties in the
Walnut Street Island or that the City has decided not to utilize the "double majority" method
of annexation. The double majority method does allow annexation proposals to include non-
consenting property owners and registered voters as long as a majority (more than 50%) of
registered voters and property owners representing a majority of the land area do sign a
petition.
The modification would provide for the efficient delivery of services, and be in conformance
with the stated policies of the Tigard Comprehensive Plan.
The current proposal, as modified by the City Council appears to contradict Tigard Compre-
hensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than
eliminates "an existing 'pocket' or 'island' of unincorporated territory". The current proposal,
as modified by the City Council, also contradicts Tigard Comprehensive Plan Policy 10.1.2(b)
because the exclusion of Tax Lot 100 does "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."
2. The proposal is consistent with City, County, and Regional planning for the area. The
Commission has examined the County Comprehensive Plan, the County's West Tigard
Community Plan, the City-County Urban Planning Area Agreement and the City's Comprehen-
sive Plan. The Commission found nothing in those documents with which this annexation
proposal was inconsistent and therefore concludes the action to be consistent with local
comprehensive plans as required by ORS 199.410(3)(d).
Final Order - Page 11
.
' . ' • •
Exhibit A
Proposal No. 3476
3. The Commission finds that subsequent to annexation an adequate quantity and quality of
public services will be available to the area. As noted in Findings 11 through 19 adequate
services are available to accommodate existing and future development of the area.
4. 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).
5. ORS 199.410(1)(e) emphasizes single agency service delivery over delivery of services by a
multitude of layered single service districts. This proposal is in accord with that principal.
6. The County's West Tigard Community Plan (quotation in Finding 7) and the City-County
UPAA (Section A defining "Active Planning Area") anticipate annexation of this area and all
the rest of the Walnut Street island area to the City. This annexation is a part of that
continuing process.
7. The annexation is in accord with ORS 199.410(3)(e) because it reduces a fragmented
approach to service delivery by taking the territory out of a number of single purpose units of
government and placing it in a multi-purpose unit. As a result of this annexation this
territory will ultimately be removed from the Tigard Water District, the Washington County
Service District for Enhanced Sheriff's Patrol, the Washington County Urban Road Mainte-
nance District, the Washington County Vector Control District and the Washington County
Service District No. 1 for Street Lights.
Final Order - Page 12
~
` • •
Exhibit B
Proposal No. 3476
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
Parcel 1 :
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at a point S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00
feet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 89° 41' 00" W, along the north line of said
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the washington
County Deed Records; thence N 000 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" w, along the
south line of said Fee Number, a distance oz. 131.75 feet to the
East right-or-way of a private road and the southwest corner of
said Fee Number; thence N 000 26100"E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the washington
County Deed Records; thence N 89° 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way of a private road and a point
on a curve to the left; thence along said curve with a radius of
65.00 feet a delta of 241 39' 36", and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
00° 26' 00" E, along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 890 41' 00" E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 001 00' 00" W
Modified 6/1 /95
Final Order - Page 13
,
. " ~ •
Exhibit B
Proposal No. 3476
a distance of 9.9 feet; thence N 890 41' 00" E, along the said
right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 89° 41' 00" E,
along said right-of-way, a distancz of 236.5 feet to the point of
beginning.
Parcel 2:
A tract of land in the Northeast one-quarter of the Northwest one-quarter of Section 10,
Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon,
described as follows:
Beginning at a point on the north line of said Section, which bears South 89139' West
990 feet from the quarter section corner on said north line, said point being the northeast
corner of that tract of land conveyed to Katherine Kilgore Gunther, by deed recorded in
Book 175, Page 89, Washington County Deed Records, and the northwest corner of that
tract of land conveyed to Violette F. Howard, by deed recorded in Book 403, Page 297,
Washington County Deed Records; thence South 0°44' West, along the east line of said
Gunther tract 20 feet to the south right-of-way line of SW Gaarde Street and the True
Point of Beginning; thence continuing South 0044' West along said east line 640 feet to
the southeast corner thereof and the southwest corner of said Howard tract, said point
being on the north line of the subdivision plat of SHADOW HILLS; thence East along the
south line of said Howard tract, 198 feet to the southeast corner thereof; thence
continuing along said north line, plat of SHADOW HILLS, North 89°41' East 132 feet to a
point; thence North 0026' East a distance of 640 feet to said south line SW Gaarde
Street; thence South 89041' West along said right-of-way line, 132 feet; thence South
0026' West a distance of 230 feet to a point, said point being the southwest corner of
that tract of land conveyed to Richard Leroy Furman, et ux, by deed recorded in Book 866,
Page 658, Washington County Deed Records; thence West along the south line of said
Furman tract, 158 feet and the southeast corner thereof; thence North 0044' East, 230
feet to said south right-of-way line, SW Gaarde Street; thence West along said line, 40
feet to the Point of Beginning
Modified 6/1 /95
Final Order - Page 14
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' • ~
PROPOSAL ■ 3476
NE1 /4 NW 1/4 SECTION 10 T2S R 1 W W.M. 2S 1 10BA
Washington County
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PROPOSAL N0. 3476
/yaeW CI7Y OF TIGARD
ANNEXATION
~ ll lfJ'r' FIGURE 2
, ANNEXATION DESCRIPTION
for
TAX LOT 1500 2S1 lOBA
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at Northeast corner of the Northwest one-Quarter of '
Section 10 Township 2 South, Range 1 West; thence S 891 41' 00"
W along the north line of said Section 10, a distance of 660 feet;
thence S 000 26' 00" W a distance of 20.00 feet to the south
right-of-way of S.W. Gaarde Street and the true point of beqinning;
thence S 000 26' 00" W, 640.00 feet to the north line of the
Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of
the Washington County Subdivision Records; thence S 890 41' 00"
w, along the north line of said Subdivision, a distance of 132.00
feet; thence N 000 26' 00" E a distance of 640.00 feet to the
south right-of-way of S.W. Gaarde Street; thence N 890 41' 00" E,
along said right-of-way, a distance of 132.00 feet and the true.
point of beginning.
JOHNRH\1500-10.ANX
r.
,
June 1, 1995 Hearing
PROPOSAL NO. 3476 - CITY OF TIGARD - Annexation
Petitioner: City of Tigard; Kitty C. Higgins-Fudge; Bradley P. Fudge; Helen & Marvin
Eberting
90th Day: July 27, 1995
Proposal No. 3476 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 Gaarde Street, east of SW 117th Avenue, north of SW Cloud Court, west of
SW 1 15th Avenue. The territory contains 5.5 acres, 2 single family dwellings, an
estimated population of 4, and is evaluated at $211,020.
REASON FOR ANNEXATION
The staff report received from the City of Tigard states:
"The owners are requesting annexation in order to receive additional police protection and
for sewer service."
There are no development proposals at this time, but the owner of Tax Lot 200 has
tentative plans to develop his property within one-to-two years.
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. 3476 - Page 1
i
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ISLAND
The territory is currentiy part of an area generally referred to as the "Walnut Island." The
proposal as submitted to the Boundary Commission creates yet another isiand of Tax Lot
100. The original proposal (as submitted by City of Tigard planning staff to the City '
Council) included Tax Lot 100, as explained in the City's staff report:
"The applicants, owners of three of the four parcels, have requested that the 5.68-acre site
be annexed to the city by means of the double majority method. Representing the owners
of more than half the land (97%) and a majority of the registered electors (67%) of the area
proposed to be annexed, the applicants have initiated this action through their written
consent. The fourth property, parcel A[Tax Lot 1001 has been included in the annexation
proposal without the owner's consent because of its location. It is surrounded by, and
depends upon parcel B[Tax Lot 2001 for its access. Efficient delivery of facilities and
services is the primary reason for its inclusion. City staff prefer to have parcel A(Tax Lot
1001be part of the annexation proposal. The Police Department, in particular, wants the
parcel to be included with the annexation because of the confusion involved during police
response if it is left out." [See Exhibit A for Vicinity Exhibit Map showing original proposal.]
At the April 25, 1995, meeting of the Tigard City Council, the owner of Tax Lot 100 (Ms.
Linda Quandt) appeared before the Council and asked that she not be included in the
proposal.
The Council then modified the proposal to exclude this property.
Ms. Quandt also wrote a letter to the City, requesting that she be exempted from the
annexation proposal (See Exhibit B). Further testimony was given during the City Council
meeting (See Exhibit C for a transcript of the meeting).
The discussion of this proposal at the City Council meeting indicates that part of the
reason for deleting this parcel from the proposal was fear of Boundary Commission
disapproval. Also evident in the discussion was some lack of understanding about the
difference between the double-majority annexation process and the island annexation
process. Finally, the Council appeared not to be 100% in agreement about the meaning of
the resolution they recently passed rescinding their intention to pursue annexation of the
Walnut Street area by the island annexation method.
The resolution itself (see copy attached as Exhibit D) makes it fairly clear that the City's
intention is to abandon the island annexation method. Nothing therein says the City will
not employ the double-majority method of annexation, nor does any language appear to
prohibit inclusion of a minority of non-consenting property owners in a double-majority
proposal as the method allows for. Conversation between the Boundary Commission chair
and staff director and the City's Mayor and Manager confirm this conclusion.
LAND USE PLANNING - -
Proposal No. 3476 - Page 2
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Site Characteristics. The northern half of the site slopes downward from northwest to
southeast at a 10% grade. The southern part slopes southwest to northeast at a 13%
grade. These slopes form a swale running west to east that bisects the site. Approxi-
mately two-thirds of Tax Lot 200 is a Christmas tree farm.
Land use on surrounding parcels consists of single-family residences to the east, south,
and west; and St. Anthony's Cemetery to the north. The territory is contiguous to the
City on the north and south.
Rectional Plannin4. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washington Countv Plannina. The territory is located within the County's 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."
The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. ,I
Washington County has a single designation for planning and zoning. I
Countv 2000. Washington County reviewed its role in service provision in its County
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 -
"1. Definition
Proposal No. 3476 - Page 3
' "Active Planning Area means the incorporated area and certain unincorporat-
ed areas contiguous to the incorporated area for which the CITY conducts
comprehensive planning and seeks to regulate development activities to ihe
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
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 I
B. Prior to the commencement of periodic review for the Citv of Ti4ard and the
Countv's Urban Areas (April, 1989), the CITY and the COUNTY shall mutual-
ly study the following topics:
"1. 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
COUNTY's land use ordinance hearings and adoption process.
Proposal No. 3476 - Page 4
i r C. The parties wilt jointly review this Agreement every two (2) years, or more
frequently if mutually needed, to evaluate the effectiveness of the processes
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 Tiqard Plannin4. The City of Tigard has a"city limits" plan. The County's plan and I
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:
"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."
According to the City, the Tigard Comprehensive Plan Polices relevant to this case are
polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2,
Boundary Criteria. The pertinent Tigard Community Development Code sections are
Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification.
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 levet of
services available to developed and undeveloped land within the City of
Tigard. The services are:
" 1. water;
"2. sewer;
Proposal No. 3476 - Page 5
~
•
113. drainage;
"4. streets;
5. police; and
6. fire protection.
"b. If required by an adopted capital improvements program ordinance, the I
applicant shall sign and record with Washington County a nonremonstrance
agreement regarding the following:
"1. 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;
"b1 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 of Tigard has planned to rezone the territory to R-4.5 upon annexation.
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
Proposal No. 3476 - Page 6
~ •
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
adequate services are available and may be extended to accommodate the affected
property.
113. 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 has no objection; the affected land is located I
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.
c. The zoning designation of R-4.5 most closely conforms to the county
designation of R-5 while implementing the city's Comprehensive Plan desig-
nation 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 wilt be designated as a
developing area."
[It should be noted that the above quoted passages came from the City staff report
submitted to the City Council at the time the proposal for annexation included Tax Lot
100.1 .
FACILITIES AND SERVICES
Sanitarv Sewer Service. There is an 8-inch sewer located along the south property line of
Tax Lot 200, which can easily.serve the Fudge residence. However, in order to sewer the
entire property (in the event that it is developed), the 8-inch line located in SW 1 14th
Avenue, approximately 350' east of the site, is the best suited to serve the territory due to
its topography.
Proposal No. 3476 - Page 7
s 10 .I
There is another 8-inch line located in Gaarde Street, which ends at 118th Court, to the
west of the properties.
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 wet-
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.
As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base
rate of $14.59 per month olus a consumption charge of $ 1.00 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 Gaarde 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.
Proposal No. 3476 - Page 8
. ' ~ •
i
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 this 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.
The City Police Department specifically responded to this proposal. They believe it does
not make sense to leave out a single property completely surrounded by another parcel
within the City. In effect, the surrounded parcel will be getting service by the City by
virtue of the Department's responsibility to serve the surrounding parcel. In any emergen-
cY, resPonse to that Piece would likelY come from the CitY since it is likely to have the
closest unit.
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.
Transportation. The territory is within the boundary of the Washington County Urban Road
Maintenance District. Upon annexation the territory will be automatically withdrawn from
Proposal No. 3476 - Page 9
i ~ the District and the District's levy of $.3229 per $1000 assessed value wiil no longer
apply to the property.
The parcel has approximately 425 feet of frontage along SW Gaarde Street, which is
classified as a major collector. This street is already within the City.
, 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 local improvement districts to finance the service. ,
Upon annexation the subject territory 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.
Parks. Tigard operates a park system funded through its tax base which finances the
general fund.
Tigard has 6 developed recreation park sites as follows:
1. Cook Park, 51 acres. It is the City's largest park and is located on the Tualatin
River. The site is heavily wooded along the river and the southeast portion of the
park. Improvements to the park include ball fields, play equipment, paths, shelters,
cooking facilities, a boat launch and natural areas and trails.
2. Summerlake Park, 27.82 acres. It has a shelter, cooking equipment, paths, ballfields
and 2 tennis courts.
3. Woodard Park, 26 acres. It has play equipment and paths.
4. Fanno Creek Park, 20 acres. It has a large field, play equipment, paths, and
. basketball and volley ball facilities.
5. Englewood Park, 15 acres. It has fields, play equipment and paths.
6. Jack Park, 5.62 acres. It has play equipment, a shelter, paths, a basketball court
and a volleyball facility.
Tigard does not provide swimming pools, which are provided by the Tigard School District.
Tigard provides recreation programs (through a contract with a private company). The
programs provided include tennis, basketball, soccer, volleyball and other special interest
Proposal No. 3476 - Page 10
I
summer camps for kids. The city also provides year round classes such as crafts and I
painting classes for adults.
Libraries. There are eleven public libraries in Washington County, nine of which are
provided by cities, including Tigard. The two unincorporated area libraries are in West
Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill
Library is operated by a non-profit corporation.
The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826
(fiscal year 1994-95) on all properties in Washington County. The revenues from this levy
are allocated to each of the eleven libraries based on circulation. City residents pay,
through their City taxes, an additional amount to support their libraries.
Storm Drainaae. The site drains naturally into a swale that cuts across the center of Tax
Lot 200. There is a storm drain culvert located along SW 1 14th Avenue, approximately
300' east of the site. The City also maintains a drainage pond on Tax Lot 3400, directly
to the south of Tax Lot 200.
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
off-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.
PROPOSED MODIFICATION.
The Boundary Commission staff is anticipating receipt of a request from John W. Olsen to
include his properties (Tax Lots 1500, 1800, and 1900; 2S 1 106A) in the annexation.
The modification contains 4.02 acres, 2 single family residences, an estimated population
of two (two resident owners/registered voters, one absentee registered voter) and an
assessed value of $314,140.-
Proposal No. 3476 - Page 11
. s •
RECOMMENDATION
Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit
E, the staff recommends that Proposal No. 3476 be modified to include Tax Lots 100,
1500, 1800 & 1900 and then approved.
The staff recommends that this proposal be modified to include Tax Lot 100, 2S 1 10 BA,
as originally recommended by City of Tigard staff, and as originally submitted to the Tigard
City Council as part of the double-majority annexation proposal. The proposed modifica-
tion contains 0.18 acres, one single family residence, an estimated population of 1(the
owner and registered voter, plus an additional absentee registered voter) and is evaluated
at $82,220. The modification would provide for the efficient delivery of services, and be
in conformance with the stated policies of the Tigard Comprehensive Plan.
The current proposal, as modified by the City Council, contradicts Tigard Comprehensive
Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than eliminates
"an existing 'pocket' or 'island' of unincorporated territory". The current proposal, as
modified by the City Council, also contradicts Tigard Comprehensive Plan Policy 10.1.2(b)
because the exclusion of Tax Lot 100 does "create an irregular boundary that makes it
difficult for the police in an emergency situation to determine whether the parcel is within
or outside the city."
The City recently rescinded its policy of using the island annexation method to annex
properties to the City [See Exhibit D]. However, the double-majority annexation method
remains an available and appropnate method of annexation to achieve logical CitY bound-
aries and conform to the policies set forth in the Tigard Comprehensive Plan.
It should be noted the owner of TL 100 also wrote a letter of opposition directly to the
Boundary Commission reiterating and including the objections she expressed to the City.
This latest letter is attached as Exhibit E.
Proposal No. 3476 - Page 12
, Exhibit B
Proposal No 3476
14165 SW 115 Avenue ,
r~gara, OR 97224 PORnqND METRO AREA
April 13, 1995 BOUNneRY rnwilccION
City of Tigard MAY .1 0JM
Staff Planner Ray. Valone ~
Tigard City Hall ~
13125 SW Hall Blvd.
Tigard, OR 97223
REF: Fle ZCA 95-0002 / Tide: Fudge / Application for Annexation '
Dear Mr. Valone:
I am writi.ng to protest the annexation into the City of Tigard of my property which is
. surrounded by Brad and Kitty Fudge's property on l lSth Avenue. I do not share Mr.
and Mrs. Fudge's desire for the police protection which living inside the city lim.its
would afford them. If my home were located on a well-ti aveled street which was
regularly patrolled by city law enforcement, I would not hesitate to contribute my
fair share of tax for such service. In fact, I am not opposed to paying the city tax-
that is not my essential argument against annexation.
I wish the City to consider the fact that owners of neighboring properties,
particularly Mr.and & Mrs. Lynn Hatch and others located on Gaarde Street have not
requested annexation. I was also under the impression that the City was no longer
-actively engaged in forced annexation of properties which lie within the Walnut
Island. Actually, I thought it had become the position of the City NOT to annex
properties unless requested to do so by property owners on a case-by-case basis. I am
NOT requesting annexation, and am perplexed that the City would utilize its power of
double-majority to include my property along with the requested annexation of Mr.
- and Mrs. Fudge's property. If the City plans to exercise double-majority to annex
properries within the Island, it would seem properties along Gaarde and 121st which
a.iread~ benerit r'rom rbutuie iaw enrorcement protecaon wouid be more viable
candidates for annexation than a small, semi-rural residence siruated off the beaten
path.
Please reconsider the proposed acrion. I am requesting that my property NOT be
annexed at this time. I,
Sincerely,
. L
Linda Quan dt - (503) 639-4463 home
(503) 768-7332 weekdays
annexpro:lq ,
. • !
Exhibit C
Proposal 3476
TRANSCRIPT City of Tigard Council Meeting 4/25/95
~ Mayor Jim Nicoli
Staff: Bill Monahan, City Manager
Ra Valone, Plannin
Y 9
Catherine Wheatley,City Recorder
Council Members: Wendi Conover Hawley
Paul Hunt
Bob Rohlf
Ken Scheckla
Proponent: Bradley Fudge
Opponent: Linda Quandt
Item 6. Public Hearing (Quasi-Judicial)- Zone Change Annexation (ZCA 95-0002) Fudge.
A request to annex four parcels of land containing 5.68 acres to the City of Tigard and to
change the zone from Washington County R-5 to Tigard R-4.5.
[No ex-parte contact; no challenges]
Staff Report: ~
Valone: Mayor and City Council Members, this is a request to initiate annexation of four
parcels as you described, consisting of 5.68 acres. They include three single-family
residences. Property D on the map is vacant. Two of the three owners who own parcels
B, C, and D have requested the annexation by means of the double-majority method in
order to obtain sanitary sewer service and increased police protection. The fourth parcel
(A on the map) has been included in the proposal without the owner's consent because of
its location. It is surrounded by, and depends on, Parcel 6, for its access. Efficient delivery
of services and facilities is the primary reason for its inclusion in this application. City staff
prefers to have Parcel A be part of this annexation proposal. The police department, in
particular, wants the parcel to be included in the annexation because of the confusion
involved during police response if it is left out.
Currently the site (four parcels) is designated Washington County R-5. Because the
. parcels are located in the City's Active Planning Area, as is the whole of Walnut Island, a
comp plan designation has been assigned to it of Low Density Residential. In this case,
upon annexation, the property would just have to be re-zoned, to R-4.5. Adequate
facilities and services are available to these properties. B and C, as you can see, have
frontage along Gaarde, which is a Major Collector. The residents already have water
Page 1 of 12
Tigard 4/25/95 Council Meeting
• •
Exhibit C
Proposal 3476
service, and are served by Tualatin Valley Fire & Rescue. Upon annexation, they will be
served by the Tigard Police Department. Sewer lines are available in SW 1 14th to the
east.
As required, notice was given to property owners within 250 feet of the property; the
Central CIT; agencies and districts; and the Tigard TIMES. Responses were received from
our engineering, water, and police departments; Tualatin Valley Fire & Rescue; PGE and
General Telephone. All had no objections. As mentioned earlier, the police department did
comment that they wanted to see Parcel A included. One written comment was received, '
from Linda Quandt, the owner of Parcel A. She objects to the inclusion of her property ~
and requests that her property not be annexed at this time. Her letter has been included in
your packet, for you to see. Staff has determined, though, that the proposal is consistent
with all the City's relevant criteria for annexations, and recommends that the Council adopt
the attached resolution and the ordinance to forward the annexation proposal to the
Boundary Commission.
I will be happy to answer any questions.
Hunt: Ray, I'm a little bit confused about what "A" is...which area on there. [Inaudible]
This line on here doesn't show it going clear over to the boundary, does it?
Valone: Parcel A actually is within the bounds of Parcel B.
' Hunt: OK, one little area, little island in B...
Valone: In a parcel...
Hunt: Thank you.
Scheckla: Ray, I know the Police Department made a remark about being confused if it
had to get there in an emergency, but the fire department did not make any formal request
one way or the other?
Valone: No, it didn't, Councilor.
Scheckla: Why would the police department be different from the fire department?
Hawley: Because the fire department services them already anyway.
Valone: The fire department services them before...if they're in the County or not. It
includes them both in the whole district.
Page 2 of 12
Tigard 4/25/95 Council Meeting
. ' • •
Exhibit C '
Proposal 3476
Scheckla: Is it not Possible we could... Why, if they didn't want to be in...Where is
the...How do you feel, if we left them out...Would that be inappropriate, if A didn't want
to be involved in this...Would it hurt the project or not?
Valone: Would it hurt the proposal? I'm not sure... it's a two-part question. Staff does
prefer it [Parcel A/ Tax Lot 1001 to be in for the reasons I've given. When it goes to the
Boundary Commission, whatever this Council decides to forward on, whether it's all four
parcels, or leaving A out, the Boundary Commission still needs to look at it, and the
Boundary Commission has their criteria on delivery of services. I've spoken to staff on this
one, because I didn't want to just go ahead and do it, and it's the feedback I got is that
they would be reluctant to leave this out.
Scheckla: Where I'm coming from, I'd like to see unanimous on that part of the people
coming in and if somebody didn't want to for whatever reason, if it would not affect the
outcome, and we left them out, I would rather support that end of it, but that's only my
observation, if it would hurt rather than help by putting them in,... [inaudible]...It's like,
anytime you have a...you like to see everyone happy and make everybody happy, if we left
one person out and the others in. That's where I was coming from.
Nicoli: Ray, can you tell us who owns Parcel B,C, and D? We have two applicants here.
One of them must own...
Valone: The applicant Fudge owns Parcel B and Parcel D. Applicant Ebertine owns Parcel
C.
Nicoli: Very good. OK. No further questions of staff. Let me move on, and now we will
open the public hearing to public testimony. We ask that you limit your input to ten
minutes. We'll start out with the applicant. Would either Mr. or Mrs. Fudge, or Mr. or
Mrs. Ebertine like to address the Council?
Fudge: Members of the Council, my name is Brad Fudge. I'm the applicant. We would
like to be included and be annexed for a couple of reasons, some of which are political and
social, others of which are obviously going to be economic at some point.
Politically and socially, we are right on the edge of Tigard. We effectively feel like we are
somewhat isolated from the City, in that we really don't have the opportunity to offer
some input. We don't feel like we are really part of the local community, and we feel that
we truly should be more of this community than we are of Washington County. Most of
the services that we go to receive now, are currently in downtown Hillsboro. Obviously, it
would be much more conducive to us to be local.
Socially, I guess, we're already, and most of the people in the island for that matter, we're
already using your parks, we're already using your libraries. The fact of the matter is,
we've got a free ride. Now it's "Economics 101 If we're using.your services, we ought
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Exhibit C
Proposal 3476
to be paying for them. The cost to come into the City, it's a couple hundred dollars a
year. We know there's going to be some small amount that's going to be included in our
tax bill, but it really doesn't bother us. We used your library two weeks ago. We didn't
have to pay for them, but we sure got to use your books, and we feel we ought to support
that.
The fact of the matter here is that we do own Parcels B and D. We would like to have
sewer at some point down the road. The couple that owns C would also like to have
sewer. If we bring sewer in at some point down the road, obviously anybody else in that
immediate area is going to benefit as well. There are four large parcels fronting 1 14th
Avenue, three that are fronting and one that abuts Parcel B. [Tax Lots 3700, 3800, 3900,
& 4300, 2S 1 10AB) Those four are all owned by the same individual. Economically we
have--the other owner and myself--we've both been inundated with offers by developers
who want to buy our property and want to develop it, and it's probably only a matter of
time until the individual who owns the four parcels will probably sell, in which case all of
those will come into the City as well.
I'm not in any hurry to develop mine. I spent $1500 today to have my Christmas trees
pruned. I wouldn't do that if I was looking at developing right away. We just feel like, if
we're going to be part of Tigard, and we really feel like we should be, if we're going to
utilize your services, that we should be in the City. Any questions?
Hunt: What advantage or disadvantage to you is it if we were to approve it but not to
approve the "A"?
Fudge: Frankly, it doesn't matter to me at all.
Hunt: Thank you.
Rohlf: Are you intending to apply for a reimbursement district if you were to put in sewer
lines, that might affect Parcel A?
Fudge: If I did put sewer in? Absolutely. Why should I pay the whole bill without having
those people who are going to benefit reimburse me? It's my understanding, though, that
until parcels are immediately adjacent to mine, as long as those were County, I couldn't
apply for a reimbursement district in any case. So it's a moot point.
Nicoli: Any other questions? Thank you, Mr. Fudge. Is the other applicant here this
evening? [NO.] OK. Are there any others in the audience who are proponents who did not
have an opportunity to sign up? [None.] We have one person who has signed up as an
opponent: Linda Quandt. Com-e forward and speak to us.
auandt: Thank you very much for this opportunity. I do not have an objection to the
Fudges annexing into the property, however l do object to mine being carried along with
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Exhibit C I
Proposal 3476
the package deal. I have a much more rurally situated piece of property which does not
front on Gaarde and which does not benefit directly from routine police patrols. And it is
my choice to not be annexed at this point. I would not have an objection if the rest of the
surrounding properties were being annexed at the same time such as the Lynn Hatch
NurserY and the four Parcels directly across from me. Or if the one isolated home over
there on the far right [Tax Lot 1600, 2S 1 10A6] were being annexed, or if any of the
County property in the large area to the left were being annexed. It is my understanding
that the City does not have a policy of forced annexation at this time, and I just respective-
ly request that mine not be annexed at this point. Thank you very much.
Nicoli: Any questions from Council? OK. Anyone in the audience wish to address the
Council on this issue? OK, with that, we'll give the applicant an opportunity for rebuttal?
[None.] Staff recommendation?
Hawley: I do have a question of staff. Is it appropriate to do it now?
Nicoli: Right after staff recommendation.
Hawley: Yes sir.
Nicoli: OK...Although you could have asked it now, I don't care. [Laughter] Go ahead,
Ray.
Valone: Staff does recommend that the Council forward the proposal as written to the
Boundary Commission for review.
Hawley: I'm curious, I noticed that it's an $850 application fee to the Boundary Commis-
sion for this annexation procedure to occur. I want to explore a scenario at this point and
ask your professional opinion about this. If we did leave Parcel A out, and eventually most
of that area were to annex through one procedure or another--either developers paying or
the City paying those application fees--if the City were then to subsequently adopt a policy
that all islands were to be annexed, would we then have to pay another $850 for that
separate Parcel A to be applied for?
Valone: The Boundary Commission fee is based on acreage. And it's pro-rated; it's... 0-1
acre, I think it's $215 and then it goes 2-5 and 5-10, so it depends on how much acreage
is coming in at each application. In this case, it's just over 5, so between 5 and 10, it's
$850. So, to answer your question, if "A" comes in alone, it would be $215. They are
going for a rate increase the first of July.
Hawley: So, Parcel A is actualty pushing us into the 5-10 application fee as opposed to
the 3-5 application fee?
Valone: I think Parcel A is .18, so it actually isn't. We're still 5-10.
Page 5 of 12
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i
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Exhibit C
Proposal 3476
Hawley: Okay.
Scheckla: I have a question, Ray. In fact, I have two questions. If we left Parcel A out,
would the fee of $850 be downgraded then somewhat?
Valone: No, it wouldn't, because the range is 5 acres to 10 acres.
Scheckla: Then my other question would be, that parcel way out to the right, that section
in white [Tax Lot 1600, 2S 1 10AB]...now that got left out, and if that got left out and I
don't know what your rationale was for that-- we can apply the same thing to property
ownership "A" and send it off to the Boundary Commission that way without Parcel A
being in, right? Obviously, that happened there to that other parcel somewhere down the
line.
Valone: In an annexation about two years ago [Proposal 3109X, approved 9/7/921, that
person chose not to come in with other properties around coming in.
Scheckla: What was the rationale there, I mean, is it the same as what we're hearing
tonight? That the area was out there didn't pose any problems there or did it?
Valone: I don't know if it's posing any problems. I don't know if there's any kind of
police history there or not.
Scheckla: I guess what I would say, I would be in support tonight, if we left item A out,
or leaving property ownership "A" out, and went ahead with the others, but if we're going
to have a vote on that to leave Property A in, I think I'll be more than negative on that.
Hawley: I have another question before we start Council deliberations, if you don't mind.
Is there a recorded easement off of Property B for access to Property A?
Valone: Mr. Fudge could answer that, but I recall he said there was.
Fudge: There is. There is a road maintenance agreement for access there. The agreement
reads, if at some point at time, the property is ever to be developed, that
Hawley: We need you to come to the mike, please.
Fudge: Sure. There is a road maintenance agreement; there is an easement that comes
off of Gaarde. I actually own the roadway. It goes right in front of "A", and then wraps
around my house up here in the other corner. The agreement reads that if at some time
we ever wanted to do anything with that parcel, we have the ability to change that
easement. So "A" is totally surrounded, basically.
Hawley: To change, but not deny? Change, but not remove?
i Page 6 of 12
Tigard 4/25/95 Council Meeting
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Exhibit C 'I
Proposal 3476 Fudge: Oh, to change. They still have to have access.
Hawley: Just checking.
Scheckla: You would not landlock the person on property "A" off from... '
Fudge: You can't. Nicoli: While you're up at the microphone, I have one question. You have one residence
on lot B now, and a whole bunch of trees. And there's a residence on C?
Fudge: Yes, there is.
Nicoli: OK. In D, what's on D now ?
Fudge: Actually, what's on D now is a vacant parcel. There are.. the lot that is directly
across the street from D does have an easement for a drainfield onto D.
Nicoli: OK. Very good.
Rohlf: Assuming you would ask for a reimbursement district to be formed, assuming you
want to put a sewer in there, how would you feel about exempting Property A so long as
Ms. Quandt owns that property?
Fudge: I would not feel good about it at all. If I run the sewer, I want to get paid for it.
Rohlf: Okay, that's fine. Thank you.
Nicoli: Are there any other Council questions? Thank you, Mr. Fudge. At this time, 1 will
close the public hearing, and ask for Council comments and considerations.
Rohlf: Mr. Mayor, given the contents of Ms. Quandt's letter, I suggest that you discuss
with the public what our position is on annexing islands. I think it's a little unclear.
Nicoli: Mr. Rohlf, I'll allow you to do that.
[Inaudible, several people speaking at once, laughter]
Rohlf: The letter states the position that she thought the City wouldn't exercise double-
majority to annex properties within, I believe, Walnut Island is the reference point. And I
believe the confusion comes-fram the change in position that we've made recently in
respect to the island as a whole. I think that at the time that we discussed that, we
indicated that we didn't want to annex the island as a whole by forced annexation, mainly
because we knew there would be other ways that properties within the island would come
Page 7 of 12
Tigard 4/25/95 Council Meeting
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• ~ .
Exhibit C
Proposal 3476
in to us, and this being one of the instances. So with that respect, I'd hate to mislead any
citizens that we don't intend to annex within the island, but we intend to make it on a
more voluntary basis.
Monahan: Correct. But I don't think there was a prohibition on the Council of bringing in
a property or several properties that were not in favor; there wasn't a decision by the
Council that only those who signed a request would be brought in.
Nicoli: My only concern in leaving Parcel A out is the fact that it really gives our police
department fits. And that was the only input we got from anyone we solicited input from ~i
was the police. To leave a small individual parcel like that out, especially when it's
surrounded, just makes their life that much harder, and from that standpoint, I believe it's
in our interest to bring this parcel in, even though I understand the concerns of the
homeowner there to stay out, I believe it's more appropriate that we bring that parcel in.
Hunt: I probably appear quite inconsistent because I was the Lone Ranger that said "let's
force annex Walnut Island", and everybody else said "no", and I voted for it. Now, I'm
going to go the other way. I'm going to say the Council is being inconsistent. If we force
them in when we just made the decision four or five months ago that we were not going
to force annex them and to take a single parcel and force them in, I think it would be
inconsistent, so I very definitely will vote against it.
Hawley: Councilor Hunt, let me ask this question. Was it your perception when we had
that discussion about the Walnut Island that we would not force annex anvone? That we
would request that everybody willingly come into the island, because Councilor Rohlf just
explained that that's not what the Council decided.
Hunt: You ask me what my thinking is. What my thinking is, is that it wasn't discussed. I
don't think it was discussed or determined one way or the other. That's my recollection,
[inaudible] that it wasn't discussed in that depth. That's all.
Nicoli: I can see now that I have a different recollection of what we did that evening. I
guess we can work that out later, but I thought the issue at hand was whether we would
take the entire island in on one motion, and we agreed, I think, as a group, not to do that.
Hunt: But didn't we have a discussion on what we would do with the individual ones?
Nicoli: No. No, and we didn't preclude ourselves from doing it, and that's why I'm
saying... and not that it's that critical... but anyway...
Rohlf: May I ask a question of -Mr. Monahan? If we leave Parcel A out, and a reimburse-
ment district is formed, is there anyway we could force Parcel A to participate in paying
for that reimbursement district, if they are not a part of the City?
Page 8 of 12
Tigard 4/25/95 Council Meeting
. • •
Exhibit C ,
Proposal 3476
Monahan: Not under our present ordinance, no.
Hawley: Would Parcel A be allowed to hook up without paying?
Monahan: Once the line were in, they would have the ability to petition to connect. They
could annex to the City, and connect without the requirement of paying into the reimburse- I
ment district. Yes, they could. I
Rohlf: Well I have a problem of putting Parcel A into this one if the landowner doesn't
want to do it in the first place, and then we're potentially subjecting them to my least
favorite of all subjects, the reimbursement district, again without her consent. So I would
propose that we bring in Parcels B,C, and D per their request, and leave out Parcel A.
Scheckla: I feel the same way, but for a different reason, because we have that one
parcel left out from a couple of years ago, and obviously the police department hasn't
come up to us to before our board and said there's any problems with that one house, that
I'm aware of. No one ever brought anything up to our attention, that that's been a
problem for them, by leaving that particufar place out. And so I think we could leave
Parcel A out and not have a problem either.
Hawley: I guess I'd like to ask Ray one more question. You said that you had talked with
Boundary Commission staff regarding their standards on the possibility of leaving A out or
putting A in? Will we in any way jeopardize the annexation at the Boundary Commission
by leaving Parcel A out? Or is it possible that they could simply decide that Parcel A
would be included and still go ahead with the annexation of B,C, and D?
Valone: The second scenario would be more likely. They could choose to modify, which I
they have the right to do to the annexation, and that would probably be including A. I'm i
not saying they will, I'm saying that's an option they have, rather than denying the
annexation, but I don't know.
Hawley: Is it your professional opinion that they would deny the annexation for B,C, and
D if A was not included?
Valone: With the Boundary Commission, with the research I've done, to be honest with
you, I don't know. I might want to add... '
Nicoli: Well, I'd like to state that the Boundary Commission, at least the last word we had
from staff on Boundary Commission decisions, they don't like to put in an annexation
where land owners oppose it.
Valone: But this is a double-majority. And in their eyes, a double-majority is actually a far
different animal than a forced island. And that's when they do look at efficiency of service
delivery. And so that's why it's different. I just want to add... since the proposal, I talked '
Page 9 of 12
Tigard 4/25/95 Council Meeting
• ~ .
Exhibit C
Proposal 3476
with some of the neighbors and we have a gentleman who has three parcels of land to the
west who is going to join in at the Boundary Commission level...this is just a note. The
gentleman owns this, this, and this parcel [Tax Lots 1500, 1800, and 1900, 2S 1 10BA]
and I just talked to the gentleman who owns this one [TL 400, 2S 1 10BA] and sent him
information, and he's interested as well.
Hunt: Excuse me, I'm just trying to understand what you just told us...Can they come in
as a part of this annexation without coming back to the City Council?
Valone: They can. That's an option at the Boundary Commission. When they go off to
their hearing and their noticing, that's an option, and there are forms to do that.
Hunt: Thank you.
Scheckla: Let me ask one more question, Ray. What do you anticipate the agreement
passing on a 3 to 2 vote and send it to the Boundary Commission with A being left in,
rather than sending it to the Boundary Commission on a 5 to nothing vote in favor if we
left Parcel A out? Do you think the five to nothing would be more impressive than the 3 to
2 slim vote either way, before the Boundary Commission?
Valone: I can't speculate on that. I really don't...
Scheckla: Because I think that what we're hearing tonight, if we left A out,... if it's
important that we left A in, you are not going to have unanimous support. That's my only
remark.
Valone: But I don't know what the reaction would be at the Boundary Commission.
Nicoli: Any other questions? OK. Let me ask for a resolution and ordinance number.
Wheatley: Resolution 20 and Ordinance 6.
Rohlf: Are you looking for a motion?
Nicoli: Absolutely.
Rohlf: Mr. Mayor, I move that we adopt Resolution 95-20, and Ordinance 95-6, changed
to indicate that Parcels B, C, and D will be annexed to the City of Tigard, leaving Parcel A
out.
Hawley: I'll second the motion:
Nicoli: Will the City Recorder please read the number and title of the Ordinance?
Page 10 of 12
Tigard 4/25/95 Council Meeting
• ~
Exhibit C
i Proposal 3476
Wheatley: Ordinance 95-6, an ordinance adopting findings and conclusions to approve the
zone change and declaring the effective date, ZCA 95-0002.
Nicoli: Is there any other further discussion? Will the City Recorder please conduct a roll
call for votes of Council.
Wheatley: Mayor Nicoli NO
Councilor Hawley NO
Councilor Hunt YES
Councilor Rohlf YES
Councilor Scheckla YES
Nicoli: OK. Ordinance number 95-20 is approved by a 3 to 2 vote.
Scheckla: No, not ordinance number 20...
Nicoli: Oh, excuse me, ordinance number 6. My assumption is that resolution...your
motion included resolution...OK so that was a dual vote on both things. No misunder-
standing? OK, very good. Thank you for coming down this evening.
I
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Tigard 4/25/95 Council Meeting
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Exhibit D
. Proposal No 3476
CITY OF _TIGARD, OFtEGON RESOLUTION NO. 95- IJ
A RESOLiJTION TO RESCIND RESOLUTION 94-20 REGARDING ANNEXATION OF
IININCORPORATID AREAS BY THE ISLAND METHOD
WHEREAS, the Tiqard City Council passed Resolution 94-20 on April 26,
1994, which proclaimed the city's intent to annex all unincorporated
areas that are comple~:ely surrbunded by the city }ising the':~island method
and directed staff to begin this annexation process according to an_
outline; and
wIHEREAS, the Tigard City Council requested that staff research the
feasibility of going forth with island annexations at a study meeting on .
November 29, 1994; and WHEREAS, the Tigard City Council received a staff report recommending
that the city not pursue annexation of unincorporated areas by the
island method; and
WHEREAS, it is in the best interest of the residents of is-land areas and
the City of Tigard to not pursue forced annexation of island,.areas.
_ NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: .
Section 1: The City Council rescinds Resolution 94-20.
PASSED: This day of , 1995.
- Mayor - City o Tigard- A3'TEST : - • - -
A . .
CitY .
Recorder City *of Tigard Certified to be a True Copy of
: Original on fiie a4~~"t~
•
RESOLDTION NO. 957/, gy- ;
Page 1 . Ci Re order - City of Tigard
Date: 31 &-f m
~
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• •
EXHIBit ~
PROPOSAI. N0. ~
14165 SW l lSth Avenue
Tigard, OR 97224
May 25, 1995
Kenneth S. Martin, Exec. Officer
Portland Metro Area Local Gov. Boundary Comm.
800 NE Oregon St. #16, Suite 540
Portland, OR 97232
REF: Annexation Proposal No. 3476
Tax Lot 100, 2S 1 lOBA - Quandt
Dear Mr. Martin and Members of the Commission:
Thank you for your notice of May 16 in which you advised the Boundary Commission
is considering recommending that Proposal 3476 be modified to include my 1/5 acre
residence.
I am sorry but I will not be able to attend the June 1 hearing because my youngest
daughter has a flute solo at school that evening. As a single parent, it is important to
~ her and to me that I be in the audience.
Please do not feel my inattendance of the meeting diminishes my protest of this
action. I have enclosed a copy of the letter INvrote to the City of Tigard when the
annexation of Brad & Kitty Fudge's property was considered. I was present at that
meeting, and the resulting action was a vote by the city council to remove my
property from the Fudge's annexation proposal. The annexation of my small parcel
of land which includes my 1950-built home, fruit trees and garden would benefit .
neither the City of Tigard nor my family. It would be inconsistent and unfair to
forceably annex my property when other parcels have been omitted from previous
annexations. My property would not be a lone "island" of county property in the
immediate area. It is not situated on a main thoroughfare; it is set approximately 1/10
mile off Gaarde Street on a gravel driveway shared by the Fudges and me. It receives
city water and is on a septic system. I would not object to being annexed into the city
at a time when all property in the area were to become part of the city, but I do object
to the utilization of the double-majority rule at this tune.
I appreciate your time and sincerely hope you will act in my favor.
Respectfully, 4, , A PORTIAND METRO ~ RaH
6~,~1~.~~ - BOUNnnaY c,n"Linda J. Quandt MAY ~ g j~
(503) 639-4463 home
(503) 768-7332 weekdays
annexpro2:1q
' . •
PROPOSAL NO, 3 76
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PROPOSAL ■ 3476
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PROPOSAL N0. 3476
CITY OF TIGARD
ANNEXATION
FIGURE 2
. " • •
Exhibit F
Proposal No. 3476
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory to be annexed contains 5.5 acres, 2 single family dwellings, an
estimated population of 4, and is evaluated at $211,020.
2. The owners are requesting annexation in order to receive additional police protec-
tion and for sewer service. There are no development proposals at this time, but
the owner of Tax Lot 200 has tentative plans to develop his property within one-to-
two years.
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 territory is currently part of an area generally referred to as the "Walnut Island."
The proposal as submitted to the Boundary Commission creates yet another island
of Tax Lot 100. The original proposal (as submitted by City of Tigard planning staff
to the City Council) included Tax Lot 100, as explained in the staff report:
"The applicants, owners of three of the four parcels, have requested that the 5.68-
acre site be annexed to the city by means of the double majority method. Repre-
senting the owners of more than half the land (97%) and a majority of the registered
electors (67%) of the area proposed to be annexed, the applicants have initiated this
action through their written consent. The fourth property, parcel A[Tax Lot 1001
has been included in the annexation proposal without the owner's consent because
of its location: It is surrounded by, and depends upon parcel B[Tax Lot 2001 for its
access. Efficient delivery of facilities and services is the primary reason for its
inclusion. City staff prefer to have parcel A(Tax Lot 1001 be part of the annexation
proposal. The Police Department, in particular, wants the parcel to be included with
the annexation because of the confusion involved during police response if it is left
out."
At the April 25, 1995, meeting of the Tigard City Council, the owner of Tax Lot
100 (Ms. Linda Quandt) appeared before the Council and asked that she not be
included in the proposal. The Council then modified the proposal to exclude this
property.
Findings - Page 1 of 10
~
• • , .
Exhibit F
Proposal No. 3476
Ms. Quandt also wrote a letter to the City, requesting that she be exempted from
the annexation proposal. Further testimony was given during the City Council
meeting. Ms. Quandt indicates that her concerns are not primarily paying City
taxes but rather that she is being treated differently from others. She feels that
other non-consenting properties would make more likely candidates for inclusion as
non-consenting properties in double-majority annexations.
The discussion of this proposal at the City Council meeting indicates that part of
the reason for deleting this parcel from the proposal was fear of Boundary Commis-
sion disapproval. Also evident in the discussion was some lack of understanding
about the difference between the double-majority annexation process and the island
annexation process. Finally, the Council appeared not to be 100% in agreement
about the meaning of the resolution they recently passed rescinding their intention
to pursue annexation of the Walnut Street area by the island annexation method.
The resolution itself makes it fairly clear that the City's intention is to abandon the
island annexation method. Nothing therein says the City will not employ the
double-majority method of annexation, nor does any language appear to prohibit
inclusion of a minority of non-consenting property owners in a double-majority
proposal as the method allows for. Conversation between the Boundary Commis-
sion chair and staff director and the City's Mayor and Manager confirm this conclu-
sion.
5. The northern half of the site slopes downward from northwest to southeast at a
10% grade. The southern part slopes southwest to northeast at a 13% grade.
These slopes form a swale running west to east that bisects the site. Approximate-
ly two-thirds of Tax Lot 200 is a Christmas tree farm.
Land use on surrounding parcels consists of single-family residences to the east,
south, and west; and St. Anthony's Cemetery to the north. The territory is
contiguous to the City on the north and south.
6. The territory is within the regional Urban Growth Boundary and the boundary of
Metro.
7. The territory is located within the County's 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 rely on the City
Findings - Page 2 of 10
Exhibit F
Proposal No. 3476
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."
The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square
feet. Washington County has a single designation for planning and zoning.
8. 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.
9. 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.
10. 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.
The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1,
Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary
Criteria. The pertinent Tigard Community Development Code sections are Chapters
18.136, Annexations; and 18.138, Established/Developing Area Classification. The
City of Tigard has planned to rezone the territory to R-4.5 upon annexation.
11. There is an 8-inch sewer located along the south property line of Tax Lot 200,
which can easily serve the Fudge residence. However, in order to sewer the entire
property (in the event that it is developed), the 8-inch line located in SW 1 14th .
Avenue, approximately 3b0' east of the site, is the best suited to serve the territory
due to its topography.
Findings - Page 3 of 10
• •
Exhibit F
Proposal No. 3476
There is another 8-inch line located in Gaarde Street, which ends at 1 18th Court, to
the west of the properties.
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.
As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a
base rate of $14.59 per month plus a consumption charge of $ 1.00 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 sotd 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.
12. The site can be served by a 12-inch water line located adjacent to the property in
SW Gaarde 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
Findings - Page 4 of 10
il
• ~
Exhibit F
Proposal No. 3476
~ 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 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 this 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.
13. 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 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.
Findings - Page 5 of 10
• a
Exhibit F
Proposal No. 3476
The City Police Department specifically responded to this proposal. They believe it
does not make sense to leave out a single property completely surrounded by
another parcel within the City. In effect, the surrounded parcel will be getting
service by the City by virtue of the Department's responsibility to serve the sur-
rounding parcel. In any emergency, response to that piece would likely come from
the City since it is likely to have the closest unit.
14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
15. 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 425 feet of frontage along SW Gaarde Street, which
is classified as a major collector. This street is already within the City.
16. 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.
17. 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. Upon annexation the subject territory 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.
18. Tigard operates a park system funded through its tax base which finances the
general fund.
Tigard has 6 developed recreation park sites as follows:
A. Cook Park, 51 acres. It is the City's largest park and is located on the Tualatin
River. The site is heavily wooded along the river and the southeast portion of the
.
Findin9s- Pa9e 6 of 10
s •
Exhibit F
Proposal No. 3476
park. Improvements to the park include ball fields, play equipment, paths, shelters,
cooking facilities, a boat launch and natural areas and trails.
B. Summerlake Park, 27.82 acres. It has a shelter, cooking equipment, paths, ballfields
and 2 tennis courts.
C. Woodard Park, 26 acres. It has play equipment and paths.
D. Fanno Creek Park, 20 acres. It has a large field, play equipment, paths, and
basketball and volley ball facilities.
E. Englewood Park, 15 acres. It has fields, play equipment and paths.
F. Jack Park, 5.62 acres. It has play equipment, a shelter, paths, a basketball court
and a volleyball facility.
Tigard does not provide swimming pools, which are provided by the Tigard School
District. Tigard provides recreation programs (through a contract with a private
company). The programs provided include tennis, basketball, soccer, volleyball and
other special interest summer camps for kids. The city also provides year round
classes such as crafts and painting classes for adults.
There are eleven public libraries in Washington County, nine of which are provided
by cities, including Tigard. The two unincorporated area libraries are in West Slope
and Cedar Mill. The West Slope Library is a county library and the Cedar Mill
Library is operated by a non-profit corporation.
The Washington County Cooperative Library System (WCCLS) levies a tax of
$0.3826 (fiscal year 1994-95) on all properties in Washington County. The
revenues from this levy are allocated to each of the eleven libraries based on
circulation. City residents pay, through their City taxes, an additional amount to
support their libraries.
19. The site drains naturally into a swale that cuts across the center of Tax Lot 200.
There is a storm drain culvert located along SW 1 14th Avenue, approximately 300'
east of the site. The City also maintains a drainage pond on Tax Lot 3400, directly
to the south of Tax Lot 200.
The Unified Sewerage Agency levies an annual assessment for storm drainage
services of $36 per dwelling unit of which $24 goes to the City.
20. The Boundary Commission staff is anticipating receipt of a request from John W.
Olsen to include his properties (Tax Lots 1500, 1800, and 1900; S 1 106A) in the
annexation. The modification contains 4.02 acres, 2 single family residences, an
Findings - Page 7 of 10
• a
Exhibit F
Proposal No. 3476
estimated population of two (two resident owners/registered voters, one absentee
registered voter) and an assessed value of $314,140. Services can be made
available to these properties in a similar manner to the original proposal. Sewer
service for the northern portion of this area could be supplied from the line at 1 18th
and Gaarde and the southern portions can be served from the line on the south
edge of the area to be annexed.
The staff also recommends that this proposal be modified to include Tax Lot 100, S
1 10 BA, as originally recommended by City of Tigard staff, and as originally
submitted to the Tigard City Council as part of the double-majority annexation
proposal. The proposed modification contains 0.18 acres, one single family
residence, an estimated population of 1(the owner and registered voter, plus an
additional absentee registered voter) and is evaluated at $82,220. The modification
would provide for the efficient delivery of services, and be in conformance with the
stated policies of the Tigard Comprehensive Plan.
With regard to Tax Lot 100 the original proposal, as modified by the City Council
appears to contradict Tigard Comprehensive Plan Policy 10.1.2(a) because the
exclusion of Tax Lot 100 creates, rather than eliminates "an existing 'pocket' or
'island' of unincorporated territory". The current proposal, as modified by the City
Council, also appears to contradict Tigard Comprehensive Plan Policy 10.1.2(b)
because the exclusion of Tax Lot 100 does "create an irregular boundary that
, makes it difficult for the police in an emergency situation to determine whether the
parcel is within or outside the city."
The City recently rescinded its policy of using the island annexation method to
annex properties to the City. However, the double-majority annexation method
remains an available and appropriate method of annexation to achieve logical City
boundaries and conform to the policies set forth in the Tigard Comprehensive Plan.
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal should be modified to include Tax Lots 100, 1500, 1800, and 1900,
S 1 10BA.
The property owner of Tax Lot 100 opposes inclusion of her property in the
. annexation. She argues three issues: 1) that the location of her home well off a
well traveled street regularly patrolled by City law enforcement lessens the need for
obligation to pay for additional police protection; 2) that other properties in the
Findings - Page 8 of 10
' ~ •
Exhibit F
Proposal No. 3476
vicinity make better candidates for inclusion as non-consenting properties in double-
majority annexations; 3) that she thinks this is violating the City's commitment not
to force any properties within the Walnut Street island to annex to the City.
With regard to the first point the Commission acknowledges that every property
' owner has a slightly different relative need for (and feels a different obligation to
pay for) urban services. The criteria the Commission must consider (ORS
199.410(3)(b)) is whether the quantity and quality of service is "adequate." In this
case the Commission judges the IeveI of service offered by the CitY 0.3 officers Per
1000 population) to be adequate. The Commission further notes that if the
property were left out but completely surrounded by the City, for all intents and
purposes the property would be getting benefit of that adequate service without
paying for it, a fact which is to some degree true even before approval of this
annexation.
The second argument by the property owner is also not directly related to criteria to
be considered by the Commission. The Commission is to fook at adequacy of
services, governmental structure, land use implications, etc. and make findings on
how those criteria relate to the proposal at hand. Other properties could have been
proposed to be included in this proposal as non-consenting owners (within the
confines of the double majority law of course) but they were not. Again the
question for the Commission is: Does this annexation, including this tax lot meet
the criteria of adequate services, compliance with land use plans, etc? The
Commission finds that it does.
The Commission has examined the City's Resolution 95-15, the minutes of its
meeting on this annexation proposal and has spoken with representatives of the
City. The Commission concludes from this analysis that the City has decided not to
employee the "island" annexation method (ORS 199.490(5))(a) and 222.750) in the
Walnut Street island area. That method allows the City to initiate annexation of
areas surrounded by the City without the necessity of obtaining any consents from
~ property owners/voters and to annex the territory and without an election if the
Boundary Commission approves the proposal. However our analysis reveals no
indication that the City intends to annex onlv consenting properties in the Walnut
Street Island or that the City has decided not to utilize the "double majority"
method of annexation. The double majority method does allow annexation propos-
als to include non-consenting property owners and registered voters as long as a
majority (more than 50%) of registered voters and property owners representing a
majority of the land area do sign a petition.
The modification would provide for the efficient delivery of services, and be in
conformance with the stated policies of the Tigard Comprehensive Plan.
Findings - Page 9 of 10
~ • .
Exhibit F
Proposal No. 3476
The current proposal, as modified by the City Council appears to contradict Tigard
Comprehensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates,
rather than eliminates "an existing 'pocket' or 'island' of unincorporated territory".
The current proposal, as modified by the City Council, also contradicts Tigard
Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does
"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."
2. The proposal is consistent with City, County, and Regional planning for the area.
The Commission has examined the County Comprehensive Plan, the County's West
Tigard Community Plan, the City-County Urban Planning Area Agreement and the
City's Comprehensive Plan. The Commission found nothing in those documents
with which this annexation proposal was inconsistent and therefore concludes the
action to be consistent with local comprehensive plans as required by ORS
199.410(3)(d).
3. The Commission finds that subsequent to annexation an adequate quantity and
quality of public services will be available to the area. As noted in Findings 11
through 19 adequate services are available to accommodate existing and future
development of the area.
4. 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).
5. ORS 199.410(1)(e) emphasizes single agency service delivery over delivery of
services by a multitude of layered single service districts. This proposal is in accord
with that principal.
6. The County's West Tigard Community Plan (quotation in Finding 7) and the City-
County UPAA (Section A defining "Active Planning Area") anticipate annexation of
this area and all the rest of the Walnut Street island area to the City. This annex-
ation is a part of that continuing process.
7. The annexation is in accord with ORS 199.410(3)(e) because it reduces a fragment-
ed approach to service delivery by taking the territory out of a number of single
purpose units of government and placing it in a multi-purpose unit. As a result of
this annexation this territory will ultimately be removed from the Tigard Water
District, the Washington eounty Service District for Enhanced Sheriff's Patrol, the
Washington County Urban Road Maintenance District, the Washington County
Vector Control District and the Washington County Service District No. 1 for Street
Lights.
Findings - Page 10 of 10
G CLACKAMAS • •
MULTNOMAH
WASHINGTON
,
PORTLAND METROPO ' ' O ' GOVERNMENT :i 1A• 1 t
i
800 NE OREGON STREET N 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
May 16, 1995
Linda Quandt
14165 SW 115th Avenue
Tigard, OR 97224
Dear Ms. Quandt:
The Portland Metropolitan Area Local Government Boundary Commission is holding a
public hearing on June 1, 1995, at 7;00 PM, in Room 602 of the Mulfiomah County
Courthouse, 1021 SW 4th Avenue, in downtown Portland on a proposal No. 3476 to
annex certain property to the City of Tigard.
' The territory to be annexed is indicated on the attached map. The staff of the Boundary
Commission is also considering recoinmendinb that the proposal be modified to include
' your property (Tax Lot 100, 2S 1 lOBA).
We understand that you have previously objected to the annexation of your properiy, so we
are sending you this letter to inform you of this possible recommendation and to give you
, an opportunity to respond. If you still DO NOT want your property to be included, you
may:
l. Choose not to respond; o
2. Attend the public hearing mentioned above;
3. Contact our office to express your concerns or request more information.
The staff will inform the Commission of your comments so that they can
consider your position in deciding on the proposal.
If you have any questions about the impact of this proposal on your property or about the
procedures of the Boundary Commission, please let us know.
Sincerely,
Kenneth S. Martin
Executive Officer
Attachment
STAFF COMMISSIONERS
KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN HELZERMAN
DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT
KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB
LANA RULIEN, Administrative Assistant NATHALtE DARCY
_ • . •
PROPOSAL ■ 3 76
NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA
Washington County
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PROPOSAL N0. 3476
CITY OF TIGARD
ANNEXATION
FIGURE 2
r • ` •
`
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION
800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093
NOTIFICATION OF BOUNDARY CHANGE PROPOSAL
DATE: May 9, 1995
T0: City of Tigard
ATTN: Ray Valone, Planning
The Boundary Commission has received a proposal (No. 3476) to
annex certain territory to the City of Tigard. The area involved
is shown on the attached map. Basic information on this proposal I
is as follows:
Area: 5.50 acres '
Existing Land Use: Single family dwellings 2 '
Multi-family units 0
Commercial structures 0
Industrial structures 0
Other
Total Estimated Population: 4
Current Assessed Value: E211,020.00
Current Zoning: County R-5
Reason For Annexation: Applicants wish to annex to the City to
receive urban services. .
Proposed Development: None at this time.
If you wish to make written comments or recommendations, please
present a letter to this office no later than May 22, 1995, or
attend the Public Hearing on the above matter, to be held on ,
Thursday, June 1, 1995 at 7:00 p.m. in Room 602, Multnomah County
Courthouse, 1021 SW 4th Ave., Portland, Oregon. I
Kenneth S. Martin
Executive Officer
KSM/dw
enc. 1
~ I
~ ~ + •
PROPOSAL ■ 3 76
NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA
Washington County
Scale: 1 250'
SCC uu SEf w►
23 I)CC ALE 1'• 100' 2S I)CD
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PROPOSAL N0. 3476
CITY OF TIGARD
ANNEXATION
FIGURE 2
I MEMORANDUM
CITY OF TIGARD, OREGON TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy
Wheatley, Randy Wooley, Randy Volk, David Scott, Kathy Davis
FROM: Ray Valone
DATE: May 18, 1995
SUBJECT: Fnal Order on Annexation 3459 (Hunt/Martin) ZCA 95-0001
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
h: \ login\jerree\ annexmem
. • •
. • PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
~
RE: BOUNDARY CHANGE PROPOSAL N0: 3459 - Annexation of territory to the City of Tigard
Proceedings on Proposal No. 3459 commenced 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
I
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 intergovemmental, 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 Iocal 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
i ~
in most cases better aSre to assess the financial resources Antherefore is the best ' mechanism for establishing community service priorities. '
"(2) It is the intent of the Legislative Assembly that each boundary commission
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
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:
"(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; I
"(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. I
. "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 win a district may not be included with~n or 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
DATE: QY`~ 4n ~j BY:
Chair
I - L) '
ATTEST: ~c _ 4-g
" This proposal would ordinarily be approved as of May 4, 1995. However ORS 199.519
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
• • .
' 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 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
Proposai 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 following 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
conti9uous 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, siorm 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 t "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. 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, 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
,j
' • ` • Exhibit A
' Proposal No. 3459
; Monthly sanitary sewer user charges are a base rate of 813.25 per month glus 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 sofd 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 (IW6) 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 5.8367 per
Final Order - Page 7
• • - Exhibit A'
Proposal No. 3459 •
. 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 ihe 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 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 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
• o • •
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 Commissian 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 ihe 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
,
• • ` .
Exhibit B
' Proposal No. 3459
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:
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
or 517.34 feet from the center of said Section 3; thence N 00°
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, para11e1 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 di-stance of 421.00 feet to the point of beginning.
Containing 10.52 Acres,
Final Order - Page 10
• - • •
,PROPOSAL NO.
3 59
SE1/4 NW1/4 SECTION 3 T2S R1W W.M. 2S 1 3BD
Washington County
Scale: 1 250'
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' -
PROPOSAL NOa 3459
CITY OF TIGARD
ANNEXATION
FIGURE 2
~ ~ ~ ~ •
PROPOSAL ■ 3 76
NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA
Washington County
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PROPOSAL N0. 3476
CITY OF TIGARO
ANNEXATION
FIGURE 2
• • ~ ~
CITY OF TIGARD, OREGON
AFFIDAV{T OF POSTING
In the Matter of the Proposed
Annexation of proqosal No 3476
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
1, Chris Beattv 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. 3476
a copy of said notices being hereto attached and by reference made a part hereof, on the
17th day of Mav 1995 •
~
See attached list of notice locations. (see attached map)
Notice #1 - Posted on a 4' survey lath approx. 4' off edge of S.W. Gaarde St. at the
northeast corner of proposed annexation nearest to intersection of Gaarde and 115th
Ave.
Notice #2 - Posted on a 4' survey lath approx. 4' off edge of S.W. Gaarde St. at the
northwest corner of proposed annexation nearest to intersection of Gaarde and 117th
Ave.
Notice #3 - Posted on a 4' survey lath approx. 4' off edge of 117th Ave. adjacent to tax
lot 500 which is to be annexed.
Subscribed and sworn to before me this 17th day of Mav 1995.
rv~
OFFICIAL SEAL Notary ublic for Oregon
M JO ANN HAYES
N07ARY PUBLIC-OREGON M Commission Ex I'e$: ~ ~ 4 9 9
cotimnissIori No. 0421aa Y PI
MY COMMISSION EXPIRES MAY OS, 1999
+c~ ~ DATE 36~~ I
o RECEIVED FROM ' ,
~ ADDRESS ~
2 Q
gDOLLARS $
ri v~ o;
¢
O n
0 FOR
o, p
N
AMT. ~ ~°.y W a ACCO ~NT CASH ~ Q/ F-NM K 1 `
APAT. PAID CHECK
6+ ~
. ? ~ BADUECE I ORDER ~ BY
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1
1 ~
AEL
~
;
~
/
. CITY OF TIGARD
OREGON
Apri128, 1995
Kelly Paige, Management Analyst
Portland Metropolitan Area
Loca1 Government Boundary Commission
Suite 540
800 NE Oregon Street #16
Portland, OR 97232
Dear Kelly:
I am writing to submit the enclosed forms for a city-initiated, double majority
annexation request (Tigard ZCA 95-0002) and to request space on the
Boundary Commission's hearing of June 1, 1995. The city staff recommended
proposal was modified by the city council, thus the corrected forms. The legal
description for the modified a.nnexation request was accomplished through
exempting parcel 100 from the original description. If you have any questions
or need additional information, please call me at 630-4171.
Thank you for your prompt attention to this matter.
Sincerely,
Ray Valone
Associate Planner
Enclosures
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CITY OF TIGARD ! Tiqard Branch • 1230 o3s N~~ 6 0 2 2 7
13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK
Tigard. OR 97223 Ot Oregon
(503) 639-4171 Tigard. Oregon VOID AFTER 180 DAYS
• .
11/1a t**yF**8:0.00
PAY I
*****,3:0 }J 0 L LA R S .;,ti) N C t N T:,
TO THE ORDER OF -
CITY OF TIGARD
°ORTLAND METriO aR_A LOCAL
cGUNDARY CO""MISSICN . . • , . . Authorizod Si ro
~
3CC! ~~E 0~~:~0N ST :T17~ - v~
P;:RT! ;?dC CR y7232-
Authorizotl Signuture
1180 60 2 2 7il' 1: 12 3000 2 201: 036 0002 133116
PltilAL GBC FOR1tiI #=s
CERTIFIGITION OF LEGAZ, DESCRIPTION ALVD iLL4P
I hereby certify that the descriprion of the propeny included within the attached perition (located on
Assessor's Map ZS l l O gA )
has been checked by me and it is a true and exact descriprion of the property under considerarion,
and the descriprion corresponds to the attached map indicaring the properry under consideration.
NAV -~~--P f~- RAu L~ A •!CA ~FF~4ti
TITLE Se5lu (0 2 CAP-7-06 R.A
DEP:A,RT2vfENT ASSesSI-,--~ i~ 7-4XA776&J
COLNTY OF ~J ASt-4 ~ N C. 710 /J
D ATE
19
Revised 11/93
LEGAL DESCRIPTION
for
ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, willamette Meridian, Washington County, described as follows:
Beginning at a point S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00
feet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 890 41' 00" W, along the north line of said
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 001 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
I Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of
said Fee Number; thence N 000 2610011E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner ~
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 890 34' 00" w, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way of a private road and a point
on a curve to the left; thence along said curve with a radius of
65.00 feet a delta of 240 39' 36", and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
000 26' 00" E, along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 890 41' 00" E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 001 00' 00" W
a distance of 9.9 feet; thence N 890 41' 00" E, along the said
right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of
beginning.
johnrh\s10-t1200.anx
i • ,
LEGAL DESCRIPTION
for
FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
west, Willamette Meridian, Washington County, described as follows:
Beginning at the one-quarter corner on the North line of Section
10, T 2 S, R 1 W, W.M., thence S 000 26100" w a distance of
460.00 feet; thence S 890 41' 00" W a distance of 20.00 feet; to
the True Point of Beginninq; thence S 890 41 100" W a distance of
100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet;
thence N 890 41' 00" E a distanc f 1
e o 00.00 feet, • thence S 000
26' 00" w a distance of 80.00 feet to the true point of beginning.
.
johnrh\s10-t1200.anx
I
N 10 T2S R!W W.M. ~ ~
. 2S I 106A
OUNTY OREGON '
1it = (00I SEE MAP
2S I 3CD f
~
0
„ 7GAARDE T T -T - T , T STREET 1/4 CORNtR ~
~ f
eeciN cn.411 i I
132 eo 103.5 so 1 . w \
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~ . .
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- _ • o - ~ ~ ` -.4.,.- . , ~
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iaias
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~ INITIAL POINT 2
. S i I(~
. • ~ ~
PMAL GBC FORItiI #6
BOUNDARY CHAIYGE DATA SHEET
~ 1. EXISTING CONDITIONS IN AREA TO BE ANNE,i'ED OR WITHDRAWIV
. .
A. Land Area: Acres ft , 3~• S'4 or Square Miles
B. General description of territory. (IncIude topographic features such as slopes,
vegetation, drainage basiris, floodplain areas, which are pertinent to this proposal).
aF Mc 5 .7C ,o so~n+~.a:rr
A'i A G•8sa9ti: y~~. Sau~tit'~.fiv 1?nai SL.Ac~j Sa~c:liG.~~S'~ ro
,A- t3yc, 1't{e5E Pr SWAt,t.- Rl-~,J..ic4c c..,iR5- ',~D lits7-
b".S %c-t5 7F,:: S~ n. A f'P.ea'C. . i~•~+~ 'n4; ¢.05 0r LzT 2et) i S A G,.)2, 5t-^-,aS
C. Describe land uses on surrounding parcels. Use tax lots as reference points.
,
No rth: 57. A a'1~ o~ Y s c:: A-.t rAe y wil;. c, u
East: c,.ti - S . South: cLt 1~.~ s c s
West: S;.-J G;,~ 14-...~~5 .
D. Existing Land Use:
Number of single-family units Number of multi-family units U
Number commercial structures C~ Number industrial structures ~
Public faciliries or other uses T~
ak
What is the current use►the land proposed to be annexed: S', r•► &.6
E. Total current year Assessed Valuation S_
F. Total existin; popularion
Revised 11/93
~ •
II. RF.4SON FOR BO UNDARY CHANGE ~
A. ORS 199.462 of the Boundary Commission Act states: "In order to carry 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 prospective
' 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 additional
. pages if necessary. ('This informarion is often quoted in the Staff Report, so be
thorough and complete.)
]l-~ A PPl.~, i S .4 2C (Zc k~: 5~~ v 6 -.J -.1 L;, K-A 1Z ti iv
OJL-o C-- (L -TO ,12 C- C,-- l-: L•c /'/to iE vt"1 b
J-\ 'J±-, i; iL .Sl°•~nJL: ~ S r L ~.1:(,..t '
B. If the property to be served is entirely or substantially undeveloped, what are the plans
for future development? Be specific. Describe type (residential, industrial, commercial,
etc.), density, etc.
NcZ P%-~ti s J,17
III. LAND USE AND PL,CYNING
A. Is the subject territory to be developed at this time?
B. Generally describe the anticipated development (building types, faciliries, number of
units).
,.J I A
C. Is the subject territory inside or outside of the Metro Regional Urban Growth
Boundary? iT%) s: 1~ c
12
Revised 11/93
0 •
D. What is the applicable County Planning Designaaon?
. or City Planning Designation i.d w R,Fs: ~w T,~ 4 L Does the proposed development comply with applicable regional, counry or ciry
comprehensive plans? Please describe.
i
A -
~ E. What is the zoning on the territory to be served?
_l.~lL2~,.-iI-- Cl_ (Z-S
F. Can the proposed development be accomplished under cunent counry zoning?
i
~ o Yes ❑ No
' If No,---has a zone change been sought from the county either formallY or informallY.
o Yes ❑ No
Please describe outcome of aone change request if answer to previous questions was
Yes.
G. Is the proposed development compatible with the city's comprehensive land use plan for
the azea? ti► 1
❑ Yes o No o City has no Plan for the area.
Has the proposed development been discussed either focmally or informally with any of
the following? (Please indicate)
❑ City Planning Commission ❑ City Ptanning Staff
❑ City Council ❑ City Manager
Please describe the reaction to the proposed development from the persons or agencies
indicated above.
--13--
Revised 11/93
. . . • ~
H. Please indicate all permits and/or approvals from a Ciry, Counry, or Regional
Government which will be needed for the proposed development. If already granted,
please indicate date of approval and idenrifying number:
APPROVAL PROJECT DATE OF FVTURE
FII.E # APPROVAL REQUIREMENT
~
Metro UGB Amendment I
City or County Plan Amendment
Pre-Application Hearing (City or Counry)
Preliminary Subdivision Approval
Final Ptat Approval
Land Partirion
Condirional Use
Variance
Sub-Surface Sewage Disposal
Building Permit
Please submit copies of proceedings relating to any of the above permits or approvals
which are perrinent to the anne;cation.
I. If a city and/or county-sanctioned cirizens' group exists in the area of the anne.cation,
please list its name and address of a contact person.
GX T
IY. SER vICES AjVD UTILITIES
A. Please indicate the following:
1. Location and size of nearest water line which can serve the subject area.
~
17 4 L..- E5 A LG
14
Revised 11/93
I
2. Locarion and size of nearest sewer line which can serve the subject area.
Lz ,..E ~ J S C~.~ I ~ ~ ~ A ~ ~ ~.-E ~ ~ p
~
3Sk-) cAs
3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area
A L a•.r l:
/al'P~,~.•~~,,Y 3~~` ~:.~s- oG
4. The time at which services can be reasonably provided by the city or district.
UPoti, APP-'Zcv^L af 0-C-
5. ?he esrimated cost of extending such facilities and/or services and what is to be
the method of financing. (Attach any supporting documents.)
c"s~ ~ bt ~CTtZlliti~.~ n,~ 6 5u A'-% Z -ri -A ~
of A P/I L,7~7NoM) -
6. Availability of the desired service from any other unit of local government.
(Please indicate the government.)
~IA
15
Revised 11/93
. ~ ~ '
. B. If the temtory described in the proposal is presently included within the boundaries of any of the following rypes of governmeatal units, please so indicate by stating the name ,
or names of the governmental units involved.
f Ll/a LA'i1 nJ VA l.l,
City Rural Fire Dist c Q:. !L~-C:
T
' rN llAn1CC 7 S 1Ft Q, if' 1S f~~~Z- 1
Counry Service Dist. u.c,s,Arj ,eoASs • Sanitary District l,t S-A
Hwy. Lighring Dist. Water District
I Grade School Dist. 5~LAP,,~- a:sr.e,.VC Drainage District
High School Dist. " Diking District
Library Dist. Park & Rec. Dist.
Special Road Dist. Other Dist. Supplying 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.
/ It' J~ 2 ~ .~J-~ S p.nrR{~~ (1 •Zsj.A~J /2..'~ /J S /~'~A1 'J I~ n.+~tilC: (1 Ci.~+/Z~ ^
T) G"Cz
~
(.a)ltr"z 2 Q'-S.i S St 2"1-: I"e Z~ -.O27'-
APPLICANT'S NA~~ G+Tl' or-~'n
iV1AILING ADDRESS ( 3 c 2S S w l~ L~ ,~3 ~-•~p .
i1C~A/~Z . 02 5-722,3
, .A c i ~ a
TELEPHONE N[.TMBER (z, d 1 -7 1 (Work)
(Res.)
REPRESENTING
DATE:
16
Revised 11/93
• •
PAL4 L GBC FORltit #19
(This form is iVOT the periaon)
ALL OWrV RS OF PROPF.RTY A1YD/QR REGISTERED T/OTERS INCLUDED liV BOUNDARY
CHANGE PROPOSAL ARF-4
(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 noG) This is foc norificarion purposes.
NAIVE OF OWNERNOTER .4DDRESS PROPERTY DESIGNA?ION
(Indicate tax lot, section number,
Township and Range)
(1) 7'0•...~ ~s P:Z S~ v~'/►, iPa ~'a / vv ~sf
(7)
~Gi:•N1 ~J.~ ~ ~'ti~~ /~u~yG' ~ G(J a,5`~'
~ee971,~y '
M / i1 . .i~~- i c'~ •T / i~,~ ~ -
. / . l«71c: ~ ~1
` -
L r:; a.±~ _7 L Zr' •T . . ~h: ~_2.~~ia~ ~ °
/
(4) 72 oo-S'e,/_., iv.
Tovn~~iP ,p So„~y y-
Tl, 3p6.f-~
(5) 1171. Toc-rr•f,y,2
(6)
(7)
20
Revised 11i93
• 0
PMAL GBC FORJI #19 (continued)
(This form is iVOT the petirion)
~ A1 ~ VD/OR RE'GISTFRED VOTE S I~VCL UDED ZBOUMNDAR
WVERS OF PROPERTY
~LL OCHANGE PROPOSAL ~E -
(To be completed IF the proposal contains 10 or fewer land o rs/registered voters. Please
indicate the name and address 'oF all owners/voters regardles f whether they signed an
annexation petirion oc not.) ?his is for norificarion purpo s.
NAIV1E OF OWiNERNOTER ADDRESS / PROPERTY DESIGNATION
/ (Indicate tax lot, secrion number,
/ Township and Range)
/
(s) ~
.
i (9) ~
~
(io) /
/
21
Revised 11/93
i •
P:tiL4L GBC FDRIy! #?o
DO UBLE XL4J0RITY IvORK SHF.ET
Please list all properties/registered voters included in the proposal. (If needed, use sepazate sheet far
additional listings). -
PROPERTIES
Property Assessed S«ned etinon
Designation Name of Owner Acres 'Jalue Yes I No
(T'ax Lot #s)
, f~, ••s < Ti~.,r
~%~:~J~~'~~
~ O G C)
~i - I AI ~<~vJ►~
YWI
~ y 9~ r
~
/Jr--~
.
30 0 ~
33 o
300 A/:,
. qhx:,G wc,.~ I
I I I
4 1
I I
TOTAI,S ' • ~ >
2i a2.0 O
~
~ ~
' Revised 11/93
~I
~ •
P:tiL1LGBC FORlVI #20 (continued) I
REGISTERE'D vOTFRS
ADDRESS OF REGISTERED - ' N~NEE OF REGISTERED SIGNED PETITION
Voter Voter Yes No
~
s
rl ~~a' Q2 ~i7ZZ 1
G' c~ ~ ~7ZZ inC 9 C/GnCi
~e 71-n~74
ri~ti`► G ,;9~, ,
~X .1 ,
117
I
O
T'OTALS
SLrl&URY
TOTAI. NLTiNIBER REGISTERED VOTERS I~~i THE PROPOSAI.
ti'I,,tifBER OF REGISTERED VOTERS WHO SIGNED ~
PERCENTT'AGE OF REGISTERED VOTERS WHO SIGVED +Z~~jC ~C)o
TO?AL aCREAGE TV PROPOSAL
ACREAGE SIGiNED FOR
PERCENTAGE QF ACREAGE SIGv-ED FOR
23
Revised 11/93
P1ti1A L GBC FORItiI #15
PETITION FOR AVNEYMON TO THE CITY OF OREGON
?0: The Council of the City of Oregon
We, the undersigned property ownen of and/or registered voters in the are3 descnbed below,
hereby petirion for, and give our consent to, annexarion of the area to the Ciry of
If approved by the city, we further request that this peririon be
forwar ed to the Portland iNfetropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2). ?he property to be annexed is described as follows:
(Insert Lea a! Description I:ere OR attacl: it as Exliibit "A
17
Revised 11/93
PETITION SICiNERS
NOTE: This pulition rnuy bu sipnud Uy (iuuliliuJ pnrsons nvnn thou(ih dtdy mny not know the,fr property dnscriptlon ur pracinct numbdr.
SIGNATuRE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT r DATE
PO RV OV LOT M 1/4 SEC. T R
Ilf , >T C. ~~s•~' ~ /5' .3s"3~~n'l,• a.v~ ~ Gc' Nw to ILA)
- ; ~-l(~,
,ZG G
' - ✓ ~ e- /%IjS~~~L~~ ( c) w
/ ~~N. , ~ .S6Y <7 r) d ~ ~ ~
L57Gl/ / /O ~,C ~fli
.
• PO = Pruporly Ownur
RV = Repistered Votnr
OV = Ownur Voler
i
F • CITY OF TIGARD, OREGON•
RESOLUTION NO. 95-~~D
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE !
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
, (ZCA 95-0002).
WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to
consider the annexation of four parcels consisting of 5.50 acres located
south of SW Gaarde Street and east of SW 117th Avenue; 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 Lighting District #1 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
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 o;)S~ day of , 1995.
Mayo City of Tigard
AT ST:
Cit
Recorder - City of Tig d ,Certified to be a True Copy of
L o~S lCt cCs- Original on file Z~t~~
Date
RESOLUTION NO. 95-0 ~ ~y:
Page 1 City IRecorder - City of Tiga
`
v S~
• • EXHIBIT A
~
LEGAL DESCRIPTION
for
ANNEXATION
A tract of land situated in the Northeast one-quarter of the I
Northwest one-quarter of Section 10, Township 2 South, Range 1 I
West, Willamette Meridian, Washington County, described as follows: ~
Beginning at a point S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 00° 26' 00" W, 640.00
feet to the Initial point of the Subdivision Plat of Shadow Hills ,
as recorded in Book 42 Page 41 of the Washington County Subdivision '
Records; thence S 89° 41' 00" W, along the north line of said '
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 000 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 26100"E, alang the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 00° 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 890 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way or a private road and a point
on a curve to the left; thence along said curve with a radius of
65.00 feet a delta of 24° 39' 36", and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
00° 20' 00" E, along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 89° 41' 00" E,
along said south right-or-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 000 00' 00" W
a distance of 9.9 feet; thence N 890 41' OQ" E, along the said
right-of-way, a distance ofr 182.82 feet to the angle point in said
right-of-way; thence v 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 89° 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of
beginning.
' • •
LEGAL DESCRIPTION
for
FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATIOIV
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at the one-quarter corner on the North line of Section
10, T 2 S, R 1 W, W.M., thence S 000 26100" W a distance of
460.00 feet; thence S 89° 41' 00" W a distance of 20.00 feet; to
the True Point of Beqinninq; thence S 890 41 10011 W a distance of
100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet;
thence N 890 41' 00" E a distance of 100.00 feet; thence S 000
26' 00" W a distance of 80.00 feet to the true point of beginning.
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VICINITY EXHIBIT MAP AfiEA CURRENTLY
.
WITHIN CITY LIMITB
~
NORTH f AREA TO 8E ANNEXED
Scais 1,400• ZONE CHANdE WA$NINGTON CO. R-b
F E E T TO TIQARD R-4.5
0 400 $00
wanoArnocorMiLeorour*W.sstoro aixrios
' . t ~
~ LEGALrDESCRIPTION
for
ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at a point S 00° 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00
feet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 890 41' 00" W, along the north line of said
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 000 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of
said Fee Number; thence N 000 2610011E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 890 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way of a private road and a point
on a curve to the left; thence along said curve with a radius of
65.00 feet a delta of 240 39' 3611, and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
000 26' 00" E, along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 890 41' 00" E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 000 00' 00" W
a distance of 9.9 feet; thence N 890 41' 00" E, along the said
right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of
beginning.
~ • .
' LEGAL DESCRIPTION
for
FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at the one-quarter corner on the North line of Section
10, T 2 S, R 1 W, W.M., thence S 000 26100" W a distance of
460.00 feet; thence S 890 41' 00" W a distance of 20.00 feet; to
the True Point of Beqinninq; thence S 890 41 100" W a distance of
100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet;
thence N 890 41' 00" E a distance of 100.00 feet; thence S 000
26' 00" W a distance of 80.00 feet to the true point of beginning.
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VICIiVITY EXHIBIT IVIAP 0 WT C N ITYELIMIT8
~ AREA TO BE ANNEXED
NORTH
scaie r=soo• ZONE CHANaE WASHINGTON CO. R-6
' FEET TO TIQARD R-4.6
0 400 800
►e%aenAnnowvvMLenrovunMxmowo 8i117i95
~
~
CITY OF TIGARD, OREGON ~
ORDINANCE NO. 95--0(n
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0002).
WHEREAS, the Tigard City Council held a public hearing on April 25,
1995, to consider a zoning designation for three parcels located south
of SW Gaarde Street and east of SW 117th Avenue; 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 Zonincx New Zoninct
2S1 lOBA, lots 200, Wash. Co. R-5 Tigard R-4.5
300 and 500
SECTION 2: This ordinance shall be effective 30 days after its
passage by the Council, signature by the Mayor, and
posting by the City Recorder.
PASSED: By ty-\ 2-i0 r, k-L, vote of all Council members present
after be ni g recad by number and title only, this day
o fL. , 1995,
ty Reco er
a herine Wheatl/af
APPROVED: By Tigard City Council E's ,
1995
.
1~s Ni oli, yor
Approves to form:
City Attorne
4/25 s-
Date
ORDINANCE No. 95- 0lY
Page 1
r ~ • ~ Y
CITY OF TIGARD, OREGON
RESOLUTION NO. 95-~~C)
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0002).
WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to
consider the annexation of four parcels consisting of 5.50 acres located
south of SW Gaarde Street and east of SW 117th Avenue; 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 Lighting District #1 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
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.
MayZ~City of Tigard
AT ST:
76-9-.Z Recorder - City of Tiga d
Qs iqqs-
Date
RESOLUTION N0. 95-OC)
Page 1
• • EXHIBIT A
►
LEGAL DESCRIPTION
for
ANNE:tAT I ON
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
west, Willamette Meridian, Washington County, described as follows:
Beginning at a paint S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00
reet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 89° 41' 00" W, along the north line of said
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 00° 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' QO" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E. along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
II County Deed Records; thence N 890 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
I~ said deed and the east right-of-way of a private road and a point
~ on a curve to the left; thence along said curve with a radius of
65.00 feet a delta of 241 39' 3611, and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
001 26' 00" E. along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N$9° 41''00" E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 000 00' 00" w
a distance of 9.9 feet; thence N 89° 411 00" E, along the said
right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of
beginning.
• •
~
LEGAL DESCRIPTION
for ~
FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at the one-quarter corner on the North line of Section
10, T 2 S, R 1 W, W.M., thence S 000 20'100" W a distance of
460.00 feet; thence S 890 41' 00" w a distance of 20.00 feet; to
the True Poiat of Beqinninq; thence S 890 41 100" W a distance of
100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet;
thence N 890 41' 00" E a distance of 100.00 feet; thence S 000
26' 00" W a distance of 80.00 feet to the true point of beginning.
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VICIiVITY EXHIBIT MAP ~ WTHN CITYEUMIT9
~
NORTH ~ AREA TO BE ANNEXED
Scaie 1'.700' ZONE CHANGE WA3HINGTON CO. R-6
F E E T TO TiGARD R-4.6
0 400 800
K~aaa~rraeowrEtacrauwocntaro ~s~ioe
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• CITY OF TIGARD, OREGON • ~ I
~
RESOLUTION N0. 95-~
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0002).
WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to
consider the annexation of four parcels consisting of 5.50 acres located
south of SW Gaarde Street and east of SW 117th Avenue; 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 Lighting District #1 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
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.
Mayo City of Tigard
7 AT ST:
Cit Recorder - City of Tiga d
"L ~S l~t~tS-
Date
RESOLUTION NO. 95- D C)
Page 1
. EXHIBIT A
• •
LEGAL DESCRIPTION
for
ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, willamette Meridian, Washington County, described as follows:
Beginning at a point S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 00° 26' 00" W, 640.00 ~
feet to the Initial point of the Subdivision Plat of Shadow Fiills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 890 41' 00" W, along the north line of said
Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 00° 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-oi-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 89° 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way of a private road and a point
on a curve to the left; thence along said curve with a radius of
65.00 feet a delta af 240 39' 3611, and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
001 26' 00" E, along the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 890 41' 00" E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 000 00' 00" W
a distance or 9.9 feet; thence N 890 41' 00" E, along the said
right-of-way, a distance of 182.82 feet to the angle point in said
righL-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 230.5 feet to the point of
beginning.
. I
LEGAL DESCRIPTION
for
FOR AN E:CEMPTION FROM THE A.BOVE DESCRIBED ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, washington County, described as follows:
Beginning at the one-quarter corner on the North line of Section
' 10, T 2 S, R 1 W, W.M., thence S 000 20'00" W a distance of
460.00 feet; thence S 890 41' 00" w a distance of 20.00 feet; to
the True Point of Beginnin4; thence S 890 41 100" W a distance of
100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet;
thence N 890 41' 00" E a distance of 100.00 feet; thence S 000
26' 00" W a distance of 50.00 feet to the true point of beginning.
I
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VICItViTY EXHIBIT MAP ~ WTHN CITYELIMR9
~
NORTH ~ AREA TO BE ANNEXED
Scue 1',300• 20NE CHANGE WASHINGTON C0. R-6
F E E T TO TIGARD A-4.5
' 0 400 800
►r%awAr%noeovvamrowocxmcWo y:sros
. • , I
, •
AGENDA ITEM
For Agenda of Apri], 25, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone Chancte Annexation ZCA 95-0002
PREPARED BY:_ Ray Valone_ DEPT HEAD OK CITY ADMIN OK L~n
ISSUE BEFORE THE COUNCIL
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary Commission a request to initiate annexation of four
parcels consisting of 5.68 acres located south of SW Gaarde Street and east
of SW 117th p,venue?
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 proposed annexation consists of territory comprised of four parcels of
land, totaling 5.68 acres, which is contiguous to the City of Tigard. The
applicants' request annexation in order to be eligible for sanitary sewer
service. 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 Tigard zone
designation to the property. Attached is a resolution initiating annexation
and an ordinance to change the zone designation from Washington County R-5 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 application fee of $850.
. • •
STAFF REPORT
April 25, 1995
TIGARD CITY COUNCIL TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0002
REQUEST: To annex four parcels of 5.68 acres of
unincorporated Washington County land to the
City of Tigard and to change the zone from
Washington County R-5 to City of Tigard R-4.5.
APPLICANT: Brad & Kitty Fudge Marvin & Helen Eberting
14235 SW 115th Ave. 14040 SW 117th Ave.
Tigard, OR 97224 Tigard, OR 97224
OWNERS: Same
LOCATION: South of SW Gaarde Street and east of SW 117th
Avenue - WCTM 2S1 lOBA, lots 100, 200, 300 and
500 (see vicinity exhibit map).
2. Vicinity Information
Properties to the east and west are in Washington County and
zoned R-5. Properties to the south are in the city and zoned
R-2. These parcels have single family residences on them.
North of the site is St. Anthony's Cemetery, which is in the
city and zoned R-4.5.
3. Background Information
The applicants approached the city with a request to annex the
property. No previous applications have been reviewed by the
city relating to these properties.
4. Site Information and Proposal Description
The northern half of the site slopes downward from northwest
to southeast at a 10% grade. The southern part of the site
slopes downward from southwest to northeast at a 13% grade.
A swale running west to east bisects the site. Approximately
two thirds of parcel B is a Christmas tree farm. There are
single family houses on parcels A, B and C. Parcel D is
vacant. The proposed annexation site has approximately 425
1
. ' • •
feet of frontage along Gaarde Street, which is functionally
classified as a major collector. , The applicants, owners of three of the four parcels, have
requested that the 5.68-acre site be annexed to the city by
means of the double majority method. Representing the owners
of more than half the land (97$) and a majority of the
registered electors (67%) of the area proposed to be annexed, ,
the applicants have initiated this action through their
written consent. The fourth property, parcel A, has been
included in the annexation proposal without the owner's
consent because of its location. It is surrounded by, and '
depends upon parcel B for its access. Efficient delivery of
facilities and services is the primary reason for its
. inclusion. City staff prefer to have parcel A be part of the
annexation proposal. The Police Department, in particular,
wants the parcel to be included with the annexation because of
the confusion involved during police response if it is left
out.
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. Aqency Comments
The Engineering Division, Tigard Police and Water departments,
Tualatin Valley Fire and Rescue District, PGE and General
Telephone have reviewed the proposal and have no objections.
No other comments were received at the time of this report.
8. 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
2
' • •
. 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 has no objection; 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.
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 serv.e 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-5 while
implementing the city's Comprehensive Plan
designation of Low Density Residential.
d. The determination that the affected property is an
established 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 shall be designated as an established area on
the development standard areas map of the comprehensive
plan.
C. RECOMMENDATION
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0002.
3
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VICINITY EXHIBIT MAP ~ WAREA ITHIN CCTYELMITS
~
NORTH ~ AREA TO BE ANNEXED
Scaie 1•400• ZONE CHANGE WASHINGTON CO. R-5
FEET TO TIGARD R-4.5
0 400 800 A REFER TO STAFF REPORT
M\dISDATTOCON\NM9DW0\AHNE%22tDW0 7/27/9E
•
• 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 95-0002).
WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to
consider the annexation of four parcels consisting of 5.68 acres located
south of SW Gaarde Street and east of SW 117th Avenue; 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 Lighting District #1 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
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
• • • EXHIBIT A
LEGAL DESCRIPTION
for
ANNEXATION
A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, willamette Meridian, Washington County, described as follows:
Beginning at a point S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00
feet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 890 41' 00" W, along the north line of said
' Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 00° 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the S uth
~ o east
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" W, along the
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of
said Fee Number; thence N 000 2610011E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 890 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way of a private road and a point
on a curve to the left; thence along said curve with a radius of
05.00 feet a delta of 240 39' 36", and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
00° 26' 00" E, a? ong the west line of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 891 41' 00" E,
along said south right-of-way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 00° 00' 00" W
a distance of 9,9 feet; thence N 890 41' 00" E, along the said
right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of
beginning.
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VICINITY EXHIBIT MAP ~ CITY
NO TH ~ AREA TO 8E ANNEXED
Saa1e t•.400' ZONE CHANGE WASHINGTON CO. R-5
FEET TO TIGARD R-4.5
0 400 800
W\csoAr\nccov\►E.sowcuNKTxuwwo 3i27i9e
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\/lCi1VITY 'EXHIBIT MAP `
AREA CURRENTLY
WITHIN CITY LIMITS
, NO TH ~ AREA TO BE ANNEXED
Scal• r.300• 20iYE CHAfVGE WASHINGTON CO. R-5
. FEET TO TIGARD R-4.5
O 400 800 A REFER TO STAFF REPORT
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BEAVERTON, OREGON 97075
Legal Notice Advertising
•City of Tigard • ❑ Tearsheet Notice
13125 SUd Hall Blvd.
•Tigard,Oregon 97223 • ❑ Duplicate Affidavit
• • ~
The following '
122, at 7:30 F
Hall Boulevar
' from the Comi
AFFIDAVIT OF PUBLICATION location or by
testimony in 9 '
STATE OF OREGON, ) Avenue. APP
COUNTY OF WASHINGTON, )SS' policies 2 and~ A,
.,Kathy Snyder 18.138. ZONE
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theT; cr~aYr-TUalatin T,i TT8155 - Publ
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
Hearing-Zone Change 95-0002 FudqP RECEy VED
a printed copy of which is hereto annexed, was published in the ° I
entire issue of said newspaper for nNF successive and APR.1 7 199~
consecutive in the following issues:
Cirv oF YIc;ARD
' April 13,1995
Subscribed and sworn to f re me this13th cj=%of APrj1, 199 ~
,J'',r ;FFi~iFl. ,,EAi_
j' NUl);,,';•M;Nl!C - OrEGCiN I!. c;or,~ ~,~,~a~a Nc). 024352 S
Notary P lic for Oregon J ;'il' G!:L~'. i~~~.! ~;.;r~;~:;5 ,~Y i'
My Commission Expires:
AFFIDAVIT _
• •
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 NotiCe TT 815 5
BEAVERTON, OREGON 97075
Legal Notice Advertising
•City of Tigard • ❑ Tearsheet Notice
13125 S69 Hall Blvd. • Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
• •
The following wilf `'cred by thc Tigard City Council on'Aptil 25•
1995, at 7:30 P.M., at igard Civic Center, Town Hall Room, 13125 S.W.
Hall Boulevard, Tigard, Oregon. Further information may be obtained
from the Communit Develo ment Dir
y p ector or City Recorder at the same
AFFIDAVIT OF PUBLICATION location or by calling (503) 639-4171. You are invited to submit written
testimony in advance of the public hearing; written and oral testimony
STATE OF OREGON, ) will be considered at the hearing. The public heazing will be conducted in
COUNTY OF WASHINGTON, )SS' accordance with the applicable Chapter 18.32 of the Tigard Municipal
.,Kathy Snyder Code and any rules of procedure adopted by the Council and available at
City Hall. •
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTi qarrl-Titalatin T,in pUgLIC HEARING:
a newspaper of genecal circulation as defined in ORS 193.010
and 193.020; published at Ti!qard in the Z0NE CHANGE ANNEXATION (ZCA) 95-0002 FCJDGE
aforesaid county and state; that the A request to annex four parcels of land containing 5.68 acres to the City
Hearing-Zone Chan!ge 95-0002 FLdqP of Tigard and to change the zone from Washington County R-5 to Tigard
rinted co R-4.5.. LOCATION: South of Gaarde Street and East of S.W. 117th
a p py of which is hereto annexed, was published in the Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan
entire issue of said newspaper for nNF successive and policies 2 and 10; Community Development Code chapters 18.136 and
consecutive in the following issues: 18.138. ZONE: Currently Washington County R-5.
TT8155 - Publish April 13, 1995.
April 13,1995
Subscribed and sworn to f re me thisl3th cl ar af AprJ 1,1;99;5`~~:
eREGcN k;
W). 024352
Notary P lic for Oregon
,.My Commission Expires: r ~~J -AFFIDAVIT _
• - . ' •
14165 SW 115 Avenue
Tigard, OR 97224
April 13, 1995
City of Tigard
Staff Planner Ray Valone
Tigard City Hall
13125 SW Hall Blvd.
Tigard, OR 97223
REF: File ZCA 95-0002 / Title: rudge / Application for Annexation
Dear Mr. Valone:
I am writing to protest the annexation into the City of Tigard of my property which is
surrounded by Brad and Kitty Fudge's property on 115th Avenue. I do not share Mr.
and Mrs. Fudge's desire for the police protection which living inside the city limits
would afford them. If my home were located on a well-traveled street which was
regularly patrolled by city law enforcement, I would not hesitate to contribute my
fair share of tax for such service. In fact, I am not opposed to paying the city taac--
that is not my essential argument against annexation.
I wish the City to consider the fact that owners of neighboring properties,
particularly Mr.and & Mrs. Lynn Hatch and others located on Gaarde Street have not
requested annexation. I was also under the impression that the City was no longer
actively engaged in forced annexation of properties which lie within the Walnut
Island. Actually, I thought it had become the position of the City NOT to annex
properties unless requested to do so by property owners on a case-by-case basis. I am
NOT requesting annexation, and am perplexed that the City would utilize its power of
double-majority to include my property along with the requested annexation of Mr.
and Mrs. Fudge's property. If the City plans to exercise double-majority to annex
properties within the Island, it would seem properties along Gaarde and 121st which
already benefit from routine law enforcement protection would be more viable
candidates for annexation than a small, semi-rural residence situated off the beaten
path.
Please reconsider the proposed action. I am requesting that my property NOT be
annexed at this time.
Sincerely,
~
Linda Quandt
* 4- ~
(503) 639-4463 home
(503) 768-73 3 2 weekdays
~
annexpro:lq
..~D • . OldGlory
I . ~ ,Q
~ Linda *Quandt 0
, 14165 SW 115th Ave. LQ a~- ~Z'
Tigard, OR 97224 ~ P~~
C3 N C~~
City of Tigard
Staff Planner Ray Valone
~ Tigard City Hall
13125 SW Hall Blvd.
Tigard, OR 97223
02
i
From: FINANCE/01181
Subject: Re: Fudge annexation proposal
To: RAY
X-To: FINANCE/RAY
Date: 12 Apr 95 15:03:45
4~ From: FINANCE/RAY
G Subject: Fudge annexation proposal
t To: 01181
C X-Tos 01181
C Date: 12 Apr 95 10:11:34
~ Would you please write me a short memo about what Chief Goodpastor told you
C regarding inclusion of the amall parcel in the annexation along Gaarde
0 Street. Please include the reason(s) the Chief wants it included. I might
C need it for the record. Call me if any questions (x336). ThanksO
********,r****,r*********************************************************,r**,r**
It is the Police Department's position that there should not be an isolated
single piece of property allowed not to be annexed into the city when the
surrounding properties are annexing into the City. The single property would
benefit from the annexation as the other property owners would get total
city services including police patrol, which has a apill over effect to that
single piece of property.
The single property would not get any service from the county to speak of,
and in an emergency the City police would, under mutual aid, most likely be
the firat responder until the county could get some one there.
Kelley Jennings/ Crime Prevention Unit
• ~
.
REQUEST FOR CONIIMENTS
T0: Kelly Jenninqs DATE: March 27, 1995
FROM: Tigard Planning Department
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land
containing 5.68 acres to the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street
and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive
Plan policies 2 and 10; Community Development Code chapters 18.136 and
18.138. ZONE: Currently, Washington County R-5.
Attached is the vicinity map. 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 by April 6, 1995. You may use the space provided below or attach a
separate letter to return your comments. If vou are unable to respond bv the
above date, please phone the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have any questions
regarding this matter, contact the Tigard Planning Department, 13125 SW Hall
Blvd., Tigard, OR 97223. PHONE: 639-4171.
STAFF CONTACT: Ray Valone, ext. 336
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~ We have reviewed the proposal and have no olajections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written Comments:
Name of Person Commenti
Phone Number: ~ 2- ~
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. •
REQUEST FOR COMMENTS I
TO: +Michael Anderson DATE: March 27, 1995
FROM: Tigard Planning Department
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land
containing 5.68 acres to the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street
and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive
Plan policies 2 and 10; Community Development Code chapters 18.136 and
18.138. ZONE: Currently, Washington County R-5.
Attached is the vicinity map. 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 by April 6, 1995. You may use the space provided below or attach a
separate letter to return your comments. If vou are unable to respond bv the
above date, please phone the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have any questions
regarding this matter, contact the Tigard Planning Department, 13125 SW Hall
Blvd., Tigard, OR 97223. PHONE: 639-4171.
~ STAFF CONTACT: Rav Valone, ext. 336
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:
L~l~.~i4~~ 1~/I.OP~'~~9° OGtJti/6✓LS ~ h~~ L02 0„~
7W Ar 4i-82526 1b*V6- jyk000*5) .4h~~ &VaIVi~~
7v 7wpx- j'T9's k- "vGO --i~ ~ m-
AX7~"&P -X Se1X/Al" P'TY: - ~F661 525-
Name of Person Commenting: ,
Phone Number:
• •
.
REQUEST FOR COMMENTS
TO: +Mike Miller DATE: March 27, 1995
FROM: Tigard Planning Department
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land
containing 5.68 acres to the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street
and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive
Plan policies 2 and 10; Community Development Code chapters 18.136 and
18.138. ZONE: Currently, Washington County R-5.
Attached is the vicinity map. 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 by April 6, 1995. You may use the space provided below or attach a
separate letter to return your comments. If vou are unable to respond by the
above date, please phone the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have any questions
regarding this matter, contact the Tigard Planning Department, 13125 SW Hall
Blvd., Tigard, OR 97223. PHONE: 639-4171.
STAFF CONTACT: Ray Valone, ext. 336
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
V We have reviewed the proposal and have no objections to it.
Please contact of our office.
' Please refer to the enclosed letter.
Written Comments:
Name of Person Commenting:
Phone Number : ~C ~5675-
~
I
• ~
r
REQUEST FOR COMMENTS ~
TO: General Telephone/Enqineerinq Office DATE: March 27, 1995 i
FROM: Tigard Planning Department
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land
containing 5.68 acres to the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street
and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive
Plan policies 2 and 10; Community Development Code chapters 18.136 and
18.138. ZONE: Currently, Washington County R-5.
Attached is the vicinity map. 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
commencs by April 6, 1995. You may use the space provided below or attach a
separate letter to return your comments. If vou are unable to respond bv the
above date, please phor►e the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have any questions
regarding this matter, contact the Tigard Planning Department, 13125 SW Hall
I Blvd., Tigard, OR 97223. PHONE: 639-4171.
STAFF CONTACT: Ray Valone, ext. 336
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
X We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written Comments:
Name of Person Commenting:
Phone Number:
'
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VICINITY EXHIBIT MAP ~ W~THIN CCRREN~'TS
NO TH ~ AREA TO BE ANNEXED
Soale t•.400' ZONE CHANGE WASHINGTON CO. R-5
FEET TO TIGARD R-4.5
0 400 800
~ A4\GISDAT\TIGCOV\NELSDWG\ANNEX271OWG 7/II7/96
• •
REQUEST FOR COMMENTS
T0: PGE/Brian Moore DATE: March 27, 1995
FROM: Tigard Planning Department
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land
containing 5.68 acres to the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street
and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive
Plan policies 2 and 10; Community Development Code chapters 18.136 and
18.138. ZONE: Currently, Washington County R-5.
Attached is the vicinity map. 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 by April 6, 1995. You may use the space provided below or attach a
separate letter to return your comments. If vou are unable to respond bv the
above date, please phone the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have any questions
regarding this matter, contact the Tigard Planning Department, 13125 SW Hall
Blvd., Tigard, OR 97223. PHONE: 639-4171.
STAFF CONTACT: Ray Valone, ext. 336
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:
~
Name of Person Commenting:~~ 2 6 -cj
' Phone Number : ~a - ~351
• .
REQUEST FOR COMMENTS Ai~
FIRE MARSHALL CITY OF TIGARD
4VA• COUNTY FIRE DISTRICT ORECON
TO: (Pick-up box) DATE: March 16. 1995
FROM: Tigard Planning Department STAFF CONTACT: Rav Valone (036)
Phone: (503) 6394171 Fax: (503) 684-7297
RE: COMPREHENSIVE PLAN AMENDMENT (CPA) 95-0001/ZONE CHANGE (ZON) 95-0002 ANDREWS
MANAGEMENT ► A request to amend the comprehensive plan map from C-P (Commercial
Professional) and Low-Density Residential to Medium-High Density Residential, and to change the
zoning from C-P and R-4.5 to R-25. LOCATION: South of SW Pfaffle Street at SW 83rd Avenue
(WCTM 1S1 36CC, tax lots 200, 300, 400 and 2,200). APPLICABLE REVIEW
CRITERIA:Comprehensive Plan Policies 2, 6, 8 and 12; Community Development Code Chapters
18.22, 18.32 and 18.56 and the change or mistake quasi-judicial plan map amendment criteria of
the comprehensive plan (policy 1.1.2) and community development code (18.22.040). ZONE:
Currently, two parcels (3.44 acres) are C-P and two parcels (2.07 acres) are R-4.5. The C-P zone
allows groups of businesses and offices in centers to provide opportunities for employment and for
' business and professional services. The R-4.5 district allows single-family residential units, public
' support facilities, residential treatment homes, farming, family day care, and home occupations
among other uses.
Attached is the Site Pfan and applicanYs 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 - March 27, 1995. You may use the space
provided below or attach a separate letter to return your comments. If vou 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 possibfe. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard,
Tigard, OR 97223.
PLEAS HECK 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 provide the following information)
Name of Person Commenting:
Phone Number: •~6 ~YG,S' ~ o~g SJ
CPA 95-0001RON 95-0002 ANDERSON MANAGEMENT March 16, 1995
I
PROPOSAL DESCRIPTION
FILE NO: ZCA 95-0002
FILE TITLE: FUDGE
APPLICANT: Brad & Kitty Fudge OWNER: Same
14235 SW 115th Ave.
Tigard, OR 97224
Marvin & Helen Eberting
14040 SW 117th Ave.
. Tigard, OR 97224
REQUEST: To annex four parcels of land containing 5.68 acres to the City of
Tigard and to change the zone from Washington County R-5 to Tigard
R-4.5
LOCATION: South of Gaarde Street and East of SW 117th Avenue
APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community
Development Code chapters 18.136 znd 18.138.
ZONE: Currently, Washington County R-5
CIT: Central
CIT FACILITATOR:
CHECI{ ALL WHICH APPLY:
STAFF DECISION
-
PLANNING COMMISSIC>N DATE OF HEARING: TIME:
HEARINGS OFFICER DATE OF HEP.RING: TIME:
X CITY COUNCIL DATE OF HEARING: 4/25/95 TIME: 7:30 p.m.
THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION:
X VICINITY MAP _ LANDSCAPING PLAN
NARRATIVE _ ARCHITECTURAL PLAN
SITE PLAN OTHER:
STAFF CONTACT: Ray Valone
639-4171
I ,.ro • ~
CITY_ OF TIGARD, OREGON
COMPREHBNSIVE PLAN AMENDIMNT/ZONE CHANGE/ZONE ORDINANCE AMENDI~NT APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Bog 23397 Tigard, Oregon 97223 -(503) 639-4171- FOR STAFF USE ONLY
i CASE N0. `Z(_,q 55-oUO2_
i
~ • OTHER CASE NO'S:
i -
RECEIPT N0.
~ APPLICATION ACCEPTED BY: V'
DATE: 3-_v4 _-1!9' .
1. GENERAL INFORMATION _ Application elements submitted:
PROPERTY ADDRESS /LOCATION 4 2 3 ~-zb A^~ _,G(A) Application f orm (1)
( o A u aJ v7> vF GAa_W ~ t:~ngk_ 01:7 E;LJ 11(8) Owner's signature/written
TAX MAP AND TAR LOT N0. 2,51 In 8A "-cS oo zao authorization
aa A" S'uC~ 1/r(C) Applicant's statemeat
SITE SIZE bR nc~5 -(pre-app check liet)
} PROPBRTY OWNER/DEED HOLDER* g1LaD r,,zGv- w►(A (D) Filing fee
ADDRESS )LA23S S~.J PHONE 2,Ad-23oo oi*%~ Additional information for Compre-
CITY 'J`~6.e./uj ZIF 17 22A sive Plan Map Amendments/Zone Changes
APPLICANT* 5~"j~F E) Maps indicating property
ADDRBSS PHONE location (pre-app check list)
CI1R ZIP (F) List of property ownera and
*When-the owner and the applicant are different addresses within 250 feet (1)
people, the applicant must be the purchaser of record L,,-(G) Asaessor•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 SUIrIlYfARY
The owners of record of the subject property FINAL DECISION DEADLINE:
request a COMP. PLAN/ZONE DESIGNATION:
a, a LoQ bc4b. P-e5 . C~t~E-Ttvf Wasu . rd. 2- (c,
' an~,Zone Change from WAS,A , c, to
A (Z,0 2-$,S N.P.O. Number:
OR
~ The applicant requests an amendment to the Planning Commission Approval Date:
following sections of the Comprehensive Plan iv lN
or Community Development Code ju (Ar
' City Council Approval Date:
0737P 23P
Rev'd: 5/87
AOL
CITY OF TIGARD
OREGON
April 26, 1995
John Olsen 11760 SW Gaarde Street
Tigard, OR 97224
Dear Mr. Olsen:
Enciosed you wi11 find the packet wi-th instructions and forns for
including your property in the proposed annexation of four
properties along.Gaarde Street to the east (ZCA 95-0002, Fudge).
I have filled out some of the blanks for you. Please complete the
blanks that are marked with a red tag. You will also need to
obtain a legal description and map of your property from the county
Department of Assessment and Taxation (648-8741). After completing
the forms, send them along with the legal description and map to my
attention at the city. You should plan to attend the Boundary
Commission hearing on June 1 to request annexation to the city. I
will attend the hearing as well and testify in favor of the
application.
The Boundary Commission hearings are held at 7:00 PM in Room 602 of
the Multnomah County Courthouse, 1021 SW 4th Avenue in downtown
Portland. If there is any change in time for the hearing, I will
let you know well in advance.
If you have any questions about the forms or procedure, please call
me at 639-4171, or Kelly Paige of the Boundary Commission at
731-4093.
Sincerely,
' Ray Valone
Associate Planner .
Enclosure
13125 SW Hall Bivd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CITY OF TIGARD
OREGON
April 24, 1995 Michael Damiano
14100 SW 117th Avenue
Tigard, OR 97223
Dear Mr. Damiano:
Enclosed you will find the packet with instructions and forms for
including your property in the proposed annexation of four
properties along Gaarde Street to the east (ZCA 95-0002, Fudge).
If you want to be included in this annexation, please complete the
two forms and obtain a legal description and map of your property
from the county Department of Assessment and Taxation (648-8741).
After completing the forms, send them along with the legal
description and map to the following address during the first week
in May:
Portland Metropolitan Area Local Government Boundary
Commission
• Suite 540
800 NE Oregon Street #16
Portland, OR 97232
You should plan to attend the Boundary Commission hearing on June
1 to request annexation to the city. If you cannot attend, a
, letter from you to the Commission will suffice. I will attend the
hearing as well and testify in favor of the application. The ~
Boundary Commission hearings are held at 7:00 PM in Room 602 of the
Multnomah County Courthouse, 1021 SW 4th Avenue in downtown
Portland. If there is any change in.time for the hearing, I will
let you know well in advance.
If you have any questions about the forms or procedure, please call
me at 639-4171, or Kelly Paige of the Boundary Coaunission at 731-
4093.
Sincerely,
Ray Valone
Associate Planner
Enclosures
13125 SW Hali BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. ~ ~ LEGAL DESCRIPTION for -
ANNEXATION
' A tract of land situated in the Northeast one-quarter of the
Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows:
Beginning at a point S 000 26' 00" W a distance of 20.00 feet of
the Northeast corner of the Northwest one-Quarter of Section 10
Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00
feet to the Initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 890 41' 00" W, along the north line of said
Subdivision,,a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 000 26' 00" E, along the west line
of said Fee Number, a distance of 230.00 feet to the Southeast
Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; tlience S 890 41' 00" W, along the -south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of
said Fee Number; thence N 000 2610011E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of .
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131,75 feet to the west line of Fee
Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 890 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
said deed and the east right-of-way of a private road and a point -
on a curve to the left; thence along said curve with a radius-oi
65.00 feet a delta of 240 39' 36", and a length of 27.98 feet to .
a point of tangency being on the west line of said deed; _thence N
000 26' 00" E alon the west lin
, g e of said deed, a distance of
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 890 41' 00" E, .
along said south right-of-way, a distance of 7 feet more-or less to -
a angle point in said south right-of-way; thence S 000 00' 00" W
a distance of 9.9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said
right-of-way; thence N 000 00' 00" E, along said right-of-way, a .
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of -
beginning. -
~
johnrh\s10-t1200.anx
N 10 T2S R I W W.M. . 2S I IOBA, t
~COUNTY OREGON
SEE MAP
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~,~y:. SEGIN CJt.41l 1
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411 GAARDE ,
132 so ios.s so eo ` - - ~ 546.5 , sso .
s 1500 1400 1300 800 I 30b 200 I ~
C. ~ /.94AG °o .33AC. .43AC• e° .76AG .33AC. 4. 91Ac.
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ST . • ~
' MAR-14-1995 11:21 FROM CnMMONWEALTH TO ~ 6B47297 P.02
•
Date: March 14, 1995
To: City Of Tigard
Fram: Kitty C. Higgins Fudge & Bradley P. Fudge
Re: Request Far Annexation
we respectfully request annexation of our real property to the Cxty
Tigard. The subject property is locaLed in the Halnut Island. The
purpose of the annexation is to allov development of the property
into a rBSidential subdivision.
our parcel of property is 5.17 acres in size. our neighbors Iiarvin
& Helen Ebertinq also desire to be annexed and have signed the
petition. of tne real property effected by the annexation 97$ is
represented by ownezs desizi.ng annexation. Sixty-seven percent
(67%) of the registered votezs effected by the annexation have
siqned the petition.
' t~ . . . • ,
P1tiIA L GBC FORltit #I S
PE'TITION FOR AJVNEY.ITION TO THE CITY OF - OREGON
. . ~
?0: The Council of the City of 221-17 e: r c=x-11 Oregon
We, the undersigned properfji owners of and/or re;istered voters in the ares described below,
hereby petirion for, and give our consent to, annexarion of the ares to the City of
1! a e;o~ . If approved by the city, we further request that this perition be
forwar, ed to the Portland Nietropolitan Are3 local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2). .
The properry to be annexed is described as follows:
(Inserf Lea al Description l:ere OR attacl: it as Fxliibit "A
17
Revised 11/93
, PETITION SIONERS
NOTE: This palilion muy bo sipna(J by yuuliliud persons dvan thouph they may not know thelr property descriptlon or precinct number.
SIGNATURE PRIN7ED NAME i AM A:• ADORESS PROPERTY DESCRIPTION PRECINCT x DATE
PO RV OV LOT M 114 SEC. T R
r.o i1- Jc / ✓ 1T'• s oo Nw (0 ~s 11,t)
o 0
t,, Z-4,e~ ;".r" so o Nw 10 ;~S J W ~
joa
~
~ ' i l/ ~Q/ ?i ~ C7 t/
: Gla
. • PO = Pruporly Ownur
RV = Repistared Volar
OV = Owner Voler
~
' • I ' ~ ~
A tract of land in Section '10, Township 2 South, Range 1 West of the Willamette
Meridian, in Washington County, Oregon, more particularly described as follows:
Beginning 20 feet South of the Northeast Corner of the Northwest Quarter of Section 10;
thenoe 50° 26' W, 640 feet M/L -to a point. Said point being the inidal point of "Shadow
Hills", a subdivision recorded in Washington County; thence following the Northerly line of said
plat, West 346.50 feet M/L to a point; thence N 0° 26' E 230 feet M/L to a point; thence West
; 131.75 feet M/L to the East R/W of a private road (50 feet wide); thence N 0° 26' E along said
1 ~ R/W 87.50 feet M/L to a point; thence east 131.75 feet to a point; thence N 0° 26' E 301.10
feet M/L to the Southerly R/W of Gaarde Street (CR # 411) being 40 feet wide; thence Easterly
_ along said R/W 110 feet M/L to a jog in said R/W; thence also following said R!W Northerly
10 feet to a point; thence continuing along said R/W Easterly 111.50 feet M/L to the point of
beginning. (Containing approximately 5.35 acres.)
i
I = ~ . .
. •
PAIAL GBC FDktit #16
CF.RTIFIGiTION OF PROPERTY OWNERSHIP
• • (Double Majoriry Method)
I hereby certify that the attached petition for annesation of the territory described therein to the City
of contains the names of the owners* of a majoriry of the land azea of the
territory. o be annesed, as shown on the last available compiete assessment roll.
'T'!/L 4. k'-#(1FFM4AJ
TITLE SEA-)co/Z A
DEPARTi~IENT 1~55ES5~t E~ I ? 7'~
COUNTY OF W ASf4 e ^~G 7-61 A)
DATE /11 yq Qct4 1 1 9Q5-
* "Owner" means the owner of the ritle to real properry or the contract purchaser of real
. property.
PAIALGBC FORAI #17
CERTIFICITION OF REGISTERED YOTERS
I hereby certify that the attached petirion for annexation of territory described herein to the City of
contains the names of at least a majoriry of the
electors regist ed in the territory to be annexed
TITLE DEPART~vZ
C OUNTY OF
DATE /
--is -
Revised 11/93
~ -
, • .
. . ~ •
PAtAL GBC FOR1tiI 94
CFRTIFIC,41ION OF LEG.I.L DESCRIPTION AVD.&IAP
I hereby certify that the description of the properry included within the attached perition (located on
Assessor's Map 2S l l O gA. - )
has been checked by me and it is a true and e:cact descriprion of the property under considerarion,
and the descriprion conesponds to the attached map indicarinc, the properry under consideration. vAi'vfE
TITLE S~~ 0 2 CAA706R.A PAk.2
DEPARTVmNT ASSg-5 St-'- L--v,-' k- ~ T4xA;770/j
COUNTY OF l-JASti oN G 7ati1
DATE q S' S
~ 19
Reviszd 11/93
. . • . I
A tract of land in Section 10, Township 2 South, Range 1 West of the Willamette
Meridian, in Washington County, Oregon, more particulazly described as follows:
Beginning 20 feet South of the Northeast Corner of the Northwest Quarter of Section 10;
thence 50° 26' W, 640 feet M/L to a point. Said point being the initial point of "Shadow
Hills", a subdivision recorded in Washington County; thence following the Northerly line of said
plat, West 346.50 feet M/L to a point; thence N 0° 26' E 230 feet M/L to a point; thence West
131.75 feet M/L to the East R/W of a private road (50 feet wide); thence N 0° 26' E along said
R/W 87.50 feet M/L to a point; thence east 131.75 feet to a point; thence N 0° 26' E 301.10
feet M/L to the Southerly R/W of Gaarde Street (CR # 411) being 40 feet wide; thence Easterly
along said R/W 110 feet M/L to a jog in said R/W; thence also following said R/W Northerly
10 feet to a point; thence continuing along said R/W Easterly 111.50 feet M/L to the point of
beginning. (Containing approximately 5.35 acres.)
PitiIAL GBC FORItit #19
(This form is NOT the petition)
ALL OWrVE'RS OF PROPERTY AjVD/QR RE'GISTERED VOTERS INCLUDED IiV BOWi DARY
CHANGE PROPOSAL ARE4
(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 petition or not) This is foc norification purposes. NANM OF OWNERNOTER A.DDRESS PROPERTY i ON
(Indicate tax lot, secrion number,
Township and Range)
(i) 'ra r SG'C ~~f ldai~ ~C~
(7) //.~2- i..l. ~CO Y'S CC ~C6fiCn Lol
-;z
f~
(3) /'//eS Sw //S"~ T,L. /G~;, ~c'~~d•~ /o~
~~'ir!'iG~A ~il~ r-A~T' r~ c'~•,/ ~i7zZY Tok'.~1/~V ;~p svv~a, ~f'a.yd !
(4) 2/ L/Gi' fetAo., /O
~i
(5) ~Ie>-11 17 47 l y0 `/O fGt/ J . ?oc~rr.f,P ,Z So~~~ A.. c
(6)
(7) -
20
Revised 11/93
~ ' • • IPMAL GBC FORIti! #19 (continued)
(This form is NOT the peticion)
ALL OWiVERS OF PROPERTY AiVDiOR REGISTERED VOTERS IjVCLUDEDZBOUIVDARY
CHANGE PROPOSAL AREA -
(To be completed IF the proposal contains 10 or fewer land o ~fwhether registered voters. Please
indicate the name and address 'of all owners/voters regardles they signed an
annexation petition or not.) This is for norificarion p74.
NAivfE OF OWiNERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
~
(9) /
~
(10) /
i
21
Revised 11/93
• • •
' PMAL GBC FOR1tiI #20
DO UBLE 1VIfiJORI77 WORK SHEET
Please list all properries/registered voters included in the proposal. (If needed, use separate sheet for
additional listings). -
PROPERTIES
Property Assessed Signed etinon
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
.200 ~S c) c, X
)91(,' 7
J`~ i, /a/~ T,, : c .
( 00 I~~No~ s. Q~ANoT , lS ~ S Z~ ZZU ~
3069 1/~9/vin Ue j i~ .33 ~'9 CF"
300 eL ~ X
. 1v fl a~,~ (
I
i~
{ I
I I
ToTUS
Revised 11/93
\ ~ • • .
PJIr1LGBC FOR1tiI #20 (continued)
RLGISTERED YOTERS
.ADDRESS OF REGISTERED °NAME OF REGISTERED SIGNED PETITIOLNI
Voter Voter Yes No
a s sw i~s~
o~ q,7 zz y
,
0
(if `j h A7--
O~!/!~ c o~
hleXlll
f L/O L/O :SGt/ 117
TOTALS ;2~
SIIlMifiRY
TOTAL. ~EBER REGISTERED VOTERS LN THE PROPOSAI. ~
"NZ,'MBER OF REGISTERED VO?ERS WHO SIGiNED ~
PERCENT'AGE OF REGISTERED VOTERS WHO SIGiNED
TOTAL ACREAGE N PROPOSAL
ACREAGE SIGiNED FOR
PERCEV"I'AGE OF ACRE aGE SIGNED FOR
? 3
Revised 11/93
1
0
P U B L I C H E A R I N G
N O T I C E
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY,
APRIL 25, 1995 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW
HALL BOULEVARD, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: ZCA 95-0002
FILE TITLE: FUDGE
APPLICANT: Brad & Kitty Fudge OWNER: Same
14235 SW 115th Ave.
Tigard, OR 97224 '
Marvin & Helen Eberting
14040 SW 117th Ave.
Tigard, OR 97224
REQUEST: To annex four parcels of land containing 5.68 acres to
the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5
LOCATION: South of Gaarde Street and East of SW 117th Avenue
(WCTM 2S110BA, lots 100, 200, 300, and 500)
APPLICABLE
REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development
Code chapters 18.136 and 18.138.
ZONE: Currently, Washington County R-S
THE PUBLIC HEARING 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 TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET
FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT.
323 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO
LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT
THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE
BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC
HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC
HEARING AND TAI<E ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN
SUPPORT TO THE APPLICATION AFTER APRIL 4, 1995, ANY PARTY IS ENTITLED TO REQUEST
A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING,
ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT
LEAST SEVEN DAYS AFTER THE HEARING.
~ • •
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST
FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON
THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT
COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA
LISTED.
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 CAN BE OBTAINED FOR TEN 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 BLVD., TIGARD,
OREGON.
~ .l'•".~::::•:::..':•::~:~::~ r
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VICINITY EXHIBIT MAP 0 W;T ~C~T~E~~ ~TS
T ~ AREA TO BE ANNEXED
1- f..OV ZONE CHANGE WASMW6TON CO. F-S
FEET Tp TIGARD R-4.5
0 400 800
I u.mo.n~woor.~.so.a..wn,~n.o a.nn.
. L~~ -~3
~ • •
2S110BA-00100 2S110BA-00200
QUANDT, LINDA J HIGGINS-FUDGE, KITTY CARLENA &
14165 SW 115TH FUDGE, BRADLEY PETER, TRUSTEES
TIGARD OR 97223 14235 SW 115TH
TIGARD OR 97224
2S110BA-00300 2S110BA-00800
EBERTING, MARVIN E HELEN FLOWERS, RALPH L
14040 SW 117TH AVE 11700 SW GAARDE
TIGARD OR 97224 TIGARD OR 97223
2S110BA-00400 \ . 2S110BA-00600
DAMIANO, MICHAEL & JANE MILLER, CARL T
14100 SW 117TH SIBYLLA R
TIGARD OR 97223 14190 SW 117TH AVE
TIGARD OR 97223
2S110BA-00700 2S110BA-00800
TIGHE, SHZRLEY M BROOKS FLOWERS, RALPH L
GLEN E 11700 SW GAARDE
14230 SW 117TH AVE TIGARD OR 97223
TIGARD OR 97223
2S110BA-00900 2S110BA-01000
ANDERSON, ELWIN W& DOROTHY C HICKOK, WILLIAM HENRY
TRUSTEES 14185 SW 117TFi
14225 SW 117TH TIGARD OR 97224
TIGARD OR 97224
2S110BA-01100 2S110BA-01200
DAVIDSON, WILLIAM G DIXIE ANDERSON, ERIK F/JILL C
14145 SW 117TH 14105 SW 117TH AVE
TIGARD OR 97223 TIGARD OR 97223
2S110BA-01300 2S110BA-01400
VANSLYKE, JERRY G& MARJORIE E DAVIES, MICHAEL L AND
11700 SW GAARDE ST STICKNEY, DIANNE L
TIGARD OR 97224 11720 SW GAARDE ST
TIGARD OR 97223
2S110BA-01500 2S110BA-02800
OLSEN, JOHN W/MARY JO KELLER, BOB M& SUSAN D
11760 SW GAARDE ST 11650 SW CLOUT CT
TIGARD OR 97224 TIGARD OR 97223
2S110BA-02900 2S110BA-03200
DOUGHERTY, DAVID L/LYNNE D SORRENSEN ALLEN C AND
11580 SW CLOUD COURT CATHIE A
TIGARD OR 97223 11515 SW CLOUD COURT
TIGARD OR 97223
2S110BA-03300 2S110BA-03400
WALSH, ROBERT E AND SHADOW HILLS
SHARLA J OWNERS OF LOTS
11545 SW CLOZJD CT
TIGARD OR 97223
~ • . •
2S110BA-03500 2S110BA-03600
STOHR, PENN R AND SCHULZ, MARTHA
SYLVIA LYNN c/o KERR, JAMES RICHARD AND
11575 SW CLOUD COURT GLORIA
TIGARD OR 97223 11615 SW CLOUD CT
TIGARD OR 97224
2S110BA-03700 2S110BA-03800
SMITH, MICHAEL A AND MORENO, FERDINAND A AND
KATHLEEN S R JEAN
11645 SW CLOUD ST 14430 SW MCFARLAND BLVD
TIGARD OR 97223 TIGARD OR 97223
2S110BA-03900 2S110AB-02800
POLSON, JAMES C AND ELIZABETH A HUGUS, ZONA GAY
14400 SW MCFARLAND BLVD 14355 SW 114TH AVE
TIGARD OR 97224 TIGARD OR 97223
2S110AB-02900 2S110AB-03000
DELANEY, DANA R AND FLOREN, VERNON/MAGDALENA
SANDRA L 14325 SW 114TH AVE
14335 SW 114TH AVENUE TIGARD OR 97224
TIGARD OR 97223
2S110AB-03100 2S110AB-03200
BURNETTE, DAVID G& THERESA ANN MARTIN, VERNE ELLEN
14305 SW 114TH AVE 14285 SW 114TH AVE
TIGARD OR 97224 TIGARD OR 97224
2S110AB-03300 2S110AB-03500
MACK, JOSEPH P AND CAYTON, CHRISTOPHER L&
KAY D FRANCOISE M
14265 SW 114TH AVE 14255 SW 114TH AVE
TIGARD OR 97223 TIGARD OR 97224
2S110AB-03600 2S110AB-03700 ..o.........
ANDERSON, TIM C/BECKIE L HATCH, LYNN A& SHARON ~
14245 SW 114TH AVE 14135 SW 114TH
TIGARD OR 97224 TIGARD OR 97223
2S110AB-03800 2S110AB-03900
HATCH, LYNN A& SHARON K HATCH, LYNN A& SHARON K
14135 SW 114TH 14135 SW 114TH
TIGARD OR 97223 TIGARD OR 7223
2S110AB-04000 2S110AB-04100
SNOOK, RICK Q AND PAULA D HODAPP, ELDON J JUDITH L
11430 SW GP,ARDE ST 11460 SW GAARDE ST
TIGARD OR 97224 TIGARD OR 97223
2S110AB-04200 2S110AB-04300 .
OREGON, STATE OF DEPT OF VETS HATCH, LYNN A& S
C/o SHUEY, NEIL F& DONNA M 14135 SW 114TH
157 NE SHANNON TIGARD OR 97223
HILLSBORO OR 97124
~ ` • •
2S103CD-03300 2S103CD-03400
ARCHDIOCESE OF PORTLAND TURNBALL, VENITZA M
ST ANTHONYS CEMETERY c/o ROMAN CATHOLIC ARCHBISHOP,THE O
2838 E BURNSIDE THE ARCHDIOCESES OF PORTLAND IN OR
PORTLAND OR 97214 2838 E BURNSIDE ST
PORTLAND OR 97214
2S103CD-03500 2S103DC-01300
TURNBALL, VENITIA M GOECKS, MICHAEL RAY
11735 SW GAARDE ST 11492 SW VIEWMOUNT LN
TIGARD OR 97223 TIGARD OR 97223
2S103DC-01400 2S103DC-01500
SCHROEDER, DONALD A& MARGO A SCHROEDER, D?NALD A& MARGO A
c/o ROGERS, JAMES J& SANDRA E c/o ROGERS, JAMES J& SANDRA E
19475 SE DEBORA DR 19475 SE DEAO-RA DR
BORING OR 97009 BORING OR 97009
2S103DC-04900 2S103DC-05000
GARLAND, DENNIS K GLORIA WALKER, GORDON V AND
13895 SW 114TH AVE SUSAN B
TIGARD OR 97223 13900 SW 115TH
TIGARD OR 97223
. I
~
CITY OF TIGARD
' OREGON
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of 1igard )
I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say:
That I am a Department Secretary for The City of Tigard, Oregon.
X That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
X Tigard City Council
A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit
"A", was mailed to each named person(s) at the address(s) shown on the attached
list(s), marked Exhibit 'B", on the 4th day of April , 1995; said PUBLIC
HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board
on the n/a day of n/a and deposited in the United States Mail on the 4th day
of April, 1995, postage prepaid.
repared Notice I
Subscribed and sworn/affirmed before me on the 11,&%day of a0a&-2 19a.
oFFdcIAL SZAs.
)D7
M~Olw NO7A~~~~IC-~?~GO~° NOTARY PUB OF OREP
~O~iMi:;S)fl~'t PfQ. Q08~7Y
C;~kj~:~W ~x~ia,~s My Commissi xpires: 7 ~
~ ~?'~'~3:°,:;*~'...~.'~'`.`'gi.'~'•:'~~;,.~-r..,
FILE INFO.:
(ZCA 95-0002 FUDGG PUBLIC HEARINC NOTICE)
EXHIBIT B
. . . I
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VICINITY EXHIBIT MAP ~ WAREA ITHINCCRRELIMITS
~ AR A T
NORTH E O BE ANNEXED
Scals V.900' ZONE CHANGE WASHINGTON CO. R-5
FEET TO TIGARD R-4.5
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NO TH ~ AREA TO BE ANNEXED
Soele t•=400' ZONE CHANGE WASHINGTON CO. R-5
FEET TO TIGARD R-4.6
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REQUEST FOR COAIIMENTS
TO: DATE: March 27, 1995
FROM: Tigard Planning Department
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land
containing 5.68 acres to the City of Tigard and to change the zone from
Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street
and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive
Plan policies 2 and 10; Community Development Code chapters 18.136 and
18.138. ZONE: Currently, Washington County R-5.
Attached is the vicinity map. 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 by April 6, 1995. You may use the space provided below or attach a
separate letter to return your comments. If vou are unable to respond by the
above date, please phone the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have any questions
regarding this matter, contact the Tigard Planning Department, 13125 SW Hall
Blvd., Tigard, OR 97223. PHONE: 639-4171.
STAFF CONTACT: Ray Valone, ext. 336
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: •
Name of Person Commenting:
Phone Number:
• RE6IUEST FOR COMMENTS •
NOT1FlCA110N U5T FOR ALL APPlICA710NS
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(pfck-up boz) SWM Program/Lee WaAcer PO 8ox 745
155 N. fBst Street 8eaverton, OR 97075
Hqisboro. OR 97124
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Washington Co. Land Use & TrarupoAkrfion ~ Boundary CorturAston METRO - GREENSPACES PROGRAM
150 N. fkst Averxre 800 NE Oregon Sf. #16, SuIte 540 Mel Hutle (CPA's/ZOA's)
HMsboro, OR 97124 Pbrfland, OR 97232-2109 600 NE Grand Averxue
' PbAfand.OR 97232-2736 •
~ Brent Qufis (CPA's) State HiBMwcy Divisfon
.Sm T1ce (IGA'S) Zp- Sam Hunaldi ODOT/Region 1
Mike Borreson (fngineer) PO Box 25d12 laurie Nicholson/Tronsportafion Planning
Scott IQng (CPA's) Portland. OR 97225-0412 123 N.W. Handers
Tom Hmry (Current Planning App's) Pbrtiond. OR 97209-4307
_ lynn BaAey (Current PlaMng App's) _ Oregon OLCD (CPA'sROA's) _
, 1175 Caut Street. N.E. _ Other
_ Gty of 8eaverton Salem. OR 97310-0590
Jim FlerxtrYz - Rinclpd Plarner _ Gfy of Portland
PO Box 4755 _ Gty of DLut►am PIaMkng OireCtor
8eaverton. OR 97076 City Maneger 1120 SW Sth
PO Boz 234833483 Portland. OR 97204
_ Gty of IQrg Clty Tigarcl, OR 97281
Clty Mmwger Gty ot Lake Oswego
15300 S1N 116th _ City ot Tualatin Gty Manager
IMg Gry, OR 97724 PO Box 369 PO Box 369
TualaHn. OR 97062 Lake Oswego, OR 97034
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220 NW Secarx! Averxie 1815 NW 169fh Place S-6020 710 NE Holloday Sheet
PbAlond. OR 972093991 Beaverton. OR 97006-4886 Pbrtland. OR 97232
TG Cablevision of Oregon 51':~ US West
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3500 SW Bond Sheet 421 SW Oak Street '
Pbttland. OR 97201 Pbrtland. OR 97204
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