ZCA1995-00004 I
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City of Tigard have now been officially withdrawn from the Tigard Water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
is\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- cJ
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BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT.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
WHEREAS, 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WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from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 District to insure the proper entity receives the taxes; and
WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for certain debt obligations, however, in this
instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be
made; and
WHEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of
those annexed properties from the Tigard Water District on February 23, 1999; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of
the annexed properties from the Tigard Water District is in the best interest of the City f Tigard; and
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 District.
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
District shall be July 1, 1999.
SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By Uf)(A 1l i MvU-S vote of all Council members present after being read by number and title only, this
day of -&W" , 1999.
GtJ
2a&-t~)Ix
Catherine Wheatley, City Recor
APPROVED: By Tigard City Council this!243 day of 99.
5WsM'icoli, Mayor
Approved as to form:
A o-,
j i Attorney
2-j-
Date
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Pagel of l i:\citywide\ord\wdwithdr.ord.doc Julia N. 11-Feb.-99
CITY OF TIGARD WATER DISTRICT WITHDRAWAL
• Boundary Commission
Final Order No. -39
ZCA No. 9S-Coo y
E EXHIBIT 1 I
LEGAL DESCRIPTION OF THE AREA
THAT PORTION OF LOT 19 COLE'S ACRES, WASHINGTON COUNTY, OREGON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 152.5 FEET TO THE NORTHEAST
CORNER THEREOF; THENCE SOUTH 150 FEET MORE OR LESS TO THE NORTHEAST
CORNER OF THAT PARCEL OF LAND CONVEYED TO RONALD J. TEMPLETON,
ET UX BY DEED RECORDED MARCH 2, 1965 IN BOOK 542, PAGE 516 RECORDS
OF WASHINGTON COUNTY; 'THENCE WEST ALONG THE NORTH LINE OF SAID
TEMPLETON PARCEL 152.5 FEET MORE OR LESS TO THE NORTHWEST CORNER
OF SAID TEMPLETON PARCEL, SAID'CORNER BEING ON THE WEST LINE
OF SAID LOT 19; THENCE NORTH 150 FEET MORE OR LESS TO THE POINT
OF•BEGINNING
VICINITY MAP OF THE AREA
STREET ,pc AAUl0 t4. W , , u / \
100 44 1 i
23-78 ti - a
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' C IN E R' U R Y Z~
TIGARD.
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Council Agenda Item y I
TIGARD CITY COUNCIL
MEETING MINUTES - OCTOBER 24, 1995
• Meeting was called to order at 6:36 p.m. by Mayor Nicoll.
1. ROLL CALL
Council Present: Mayor Jim Nicoll; Councilors Bob Rohlf and Ken Scheckla. Staff
Present: Bill Monahan, City Administrator; Tim Ramis, Legal Counsel; G. Frank
Hammond, Legal Counsel; Ray Valone, Associate Planner; Catherine Wheatley, City
Recorder; Lt. Bob Wheeler (present during business meeting for review of Non-
Agenda item reference police car purchase request); and Randy Wooley, City
Engineer.
STUDY SESSION
• Executive Session: The Tigard City Council went Into Executive Session at 6:36 p.m.
under the provisions of ORS 192.660 (1) (d), (e), at (h) to discuss labor relations,
real property transactions, current and pending litigation issues.
Executive Session adjourned at 7:15 p.m.
• Agenda Review: City Administrator Monahan advised staff would be requesting
Council review of an Non-Agenda Item for the purchase of six police patrol vehicles.
State bids must be received by November 5, 1995, to receive a $400 per unit
discount. By placing the order by November 5, the City will save $2;400.
BUSINESS MEETING
l . CALL FOR NON-AGENDA ITEMS:
• City Administrator noted Council would consider the purchase of new police
vehicles. This item was placed for consideration after the Consent Agenda.
2. VISITOR'S AGENDA: No visitors were present.
3. CONSENT AGENDA:
Staff responded to questions from Councilor Rohlf with regard to Consent Agenda
Item No. 3.3. Two bids were submitted. Pacific Utility Equipment Company's bid
was rejected because it did not meet specifications.
S
Motion by Councilor Scheckla, seconded by Councilor Rohlf to approve the Consent
Agenda as follows:
3.1 Approve City Council Minutes: September 19, and 26, 1995
3.2 Receive and File: Notification that City of Tigard was Awarded the
Distinguished Budget Presentation Award for the Current Fiscal Year
3.3 Local Contract Review Board: Approve Purchase of Thermolay Hot Asphalt
Patch Truck from Sahlberg Equipment, Inc.
The motion was approved by a unanimous vote of Council present. (Mayor Nicoll
and Councilors Rohlf and Scheckla voted "yes.")
• NON-AGENDA ITEM:
> Purchase of Six Police Patrol Vehicles
Lt. Bob Wheeler, Police Department, was present and reviewed the staff report
on frle with the Council packet material. Brief discussion followed.
Motion by Councilor Rohlf, seconded by Councilor Scheckla, to approve the
staff recommendation for the purchase of six 1996 Ford Crown Victoria police
patrol vehicles from Skyline Sales, Inc., on State Bid #5412.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoll and Councilors Rohif and Scheckla voted "yes.")
4. CONSIDERATION OF PROHIBITING PARKING ON SW 70TH AVENGE
BETWEEN BEVELAND STREET AND FRANKLIN STREET
a. City Engineer Wooley reviewed the staff report on file with the Council packet
material.
b. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to approve
Ordinance No. 95-23.
ORDINANCE NO. 95-23 - AN ORDINANCE AMENDING T.M.C.
10.28.130 BY ADDING PORTIONS OF S.W. 70TH AVENUE WHERE
PARKING IS PROHIBITED.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoll and Councilors Rohlf and Scheckla voted "yes.")
CITY COUNCIL N EETL 1G MINUTES - OCTOBER 24, 1995 - PAGE 2
1
S. CONSIDERATION OF FINAL ORDER (QUASI-JUDICIAL) - SITE
DEVELOPMENT REVIEW (SDR) 91-0005/VARIANCE (VAR) 91-0010
DOLAN/MENDEZ
► 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 2S 1 2AC, tax lot 700). APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.84, 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 service
activities, among other uses.
a. Legal Counsel Ramis reported that the City Council voted [on 8/29/95] to
tentatively support the staff recommendation and directed staff to come back
with findings to support that recommendation. Mr. Ramis advised that
Council, after reviewing the proposed findings may deliberate to approve the
findings or direct staff to make any necessary changes.
b. Council Comment:
> Councilor Rohif advised findings appear to reflect the Council decision
made when last considered; however, he said he would like a statement
added to reflect that Council supports having this store in the
downtown the store is an enhancement to the downtown area.
> Councilor Scheckla said he did not like the way the final order
document was prepared and advised he did not believe he would be
supporting the recommendation.
> Mayor Nicoll agreed with Councilor RohlPs comment to add a
statement of support for this store in the downtown. In addition,
.Mayor Nicoll requested that wording be added to the findings to reflect
that the easement area can count toward the percentage of landscaped
area required whether or not the easement area is landscaped.
Additional property would then be available for building area.
CITY COUNCIL N EET1 iG MINUTES - OCTOBER 24, 1995 - PAGE 3
f
C. Consideration of Findings Set Over
After brief discussion, majority consensus of Council was to delay tatting a vote
on the final decision until November 14, 1995, for full Council review and
also so Staff could revise the findings with the two additions noted by
Councilor Rohif and Mayor Nicoll.
6. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA)
95-00041SNOOK
► A request to annex one parcel of 0.53 acres into the city and to change the zoning
from Washington County R-5 to City of Tigard, R-4.5. Location: The southwest
comer of S.W. Gaarde Street and S.W. 1 14th Avenue. Applicable review criteria:
The relevant review criteria in this case are Comprehensive Plan policies 2.1 1, citizen
involvement; 10.1.1, service delivery capacity; 10.1.2, boundary criteria; and 10. 1.3
zoning designation. Community Development Code Chapters 18.136, annexation
requirements; and 18.138, land classification of annexed territory. ZONE: Presently
Washington County R-5.
a. Public hearing was opened.
b. Declarations or Challenges
Mayor Nicoll read the following statement:
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits? (None
were reported.)
Have all members familiarized themselves with the application? (All
members indicated they were familiar 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
Associate Planner Valone summarized the staff report on file with the Council
packet material
CITY COU CIL MEETLNG MLNUTES - OCTOBER 24, 1995 - PAGE 4
d. Public Testimony:
> Applicant - Rick Snook, 11430 S.W. Gaarde Street, Tigard, Oregon,
testified as owner of the property. He advised he wanted to annex to
the City so he could obtain sewer service.
e. Staff Recommendation:
Associate Planner Valone recommended Council adopt the proposed 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.
f. Council Comment:
In response to a question from Councilor Rohif, staff advised that an analysis
of annexation procedures will be presented to Council in the upcoming
months, including a recommendation on annexation of properties within island
areas. Surrounding property owners were contacted for interest in annexation
to the City when an earlier annexation request had been processed. These
property owners had no interest in annexing.
g. Public hearing was closed.
h. Council consideration:
RESOLUTION NO.95-54-A RESOLUTION INITIATING ANNEXATION
TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN
EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0004)
Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt
Resolution No. 95-54.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoll and Councilors Rohif and Scheckla voted "yes.")
ORDINANCE NO. 95-24- AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN
EFFECTIVE DATE (ZCA 95-0004).
Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt
Ordinance No. 95-24.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoli'and Councilors Rohif and Scheckla voted "yes.")
CITY COUNCIL N EETLYG NIM; TES - OCTOBER 24, 1995 - PAGE 5
r
7. PUBLIC HEARING (LEGISLATIVE) - PARKS SYSTEMS DEVELOPMENT
CHARGES (SDC's) AND METHODOLOGY FOR CALCULATION OF THE SDC's.
. To consider changes to the City's Park Systems Development Charges (SDC's) and
to the methodology pertaining to the calculation of these SDC's.
> Council consensus was to set this hearing over to November 14, 1995, in
order to have the hearing when the full Council was present.
8. TRIANGLE DESIGN GUIDELINE STUDY
Community Development Director Hendryx and Associate Planner Valone reviewed
the staff report and accompanying memorandum on file with the Council packet
material.
Councilor Rohif asked if the process could be sped up. Community. Development
Director Hendryx responded that the Triangle is a high priority for the.Department;
staff will expedite as much as possible.
Discussion followed on the areas where work is needed in the Triangle, including the
following:
> Concern for people in the area who are being held up with plans for the use
of their property; need to share information with these people.
> ODOT, DLCD, and DEQ impacts to transportation planning and
implementation in the Triangle.
> Tri-Met has plans for expansion of service along Highway 217.
> Metro 2040 shows the Triangle Area as an employment center.
> Acknowledgement that this is a high priority; no objections to workplan were
noted.
9. PRESENTATION OF TRI-MET OFFICIALS - BUS SERVICE TO TIGARD AREA
Phil Sellinger of Tri-Met distributed information (summary on file with the Council
packet material) and summarized the following:
> Tri-Met Service Proposal for the Highway 217 Corridor.
> Proposed Service Highlights
Mr. Sellinger advised that Tri Met representatives have formed a task force and have
met with several community groups including Tigard's Citizen Involvement Teams and
Chamber of Commerce.
CITY COUNCIL MEETPiG NI MN JTES - OCTOBER 24, 1995 - PAGE 6
10. NON-AGENDA ITEMS - (Considered after item No 3., Consent Agenda - see
above).
11. EXECUTIVE SESSION - Canceled
12. ADJOURNMENT: 10:10 p.m.
0a_t4&z/L_i/w
Attest: Catherine Wheatley, City Recorder
~r
Ma r City of Tigard
Date: 1 1 0 le15-
Rrecorderkcmkmn 1024.96
I
I
CITY COLNI CEL INIEETNG TNILNL TES - OCTOBER 24, 1995 - PAGE 7
L ~ •
Name Final Order Number
ANNEXATION FOLLOW-UP PROCEDURE
1. Receive Final Order from Boundary Commission. Date
2. Request census.
If less than 200 homes City Recorder must perform.
(Put in work order for Office Aide assistance)
If more than 200 homes, Portland State performs: Date
PSU Center For Population Research 464-3947
• Individual census form to be filled out for each address
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.
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 J W~
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
in memo. Date
5. Notify agencies Pannexation (see list attached) s . Lett• must
~
be sent by certified mail to:
General Telephone Co.; Pacific NW Bell 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
h:\Iogin\jo\an nexpro.1
Revised 03/95
Return completed questionnaire to:
Center for Population Research and Census
Portland State University
Portland, OR 97207-0751
No later than March 27, 1996 for certification on March 31, 1996.
A N N E X A T I O N Q U E S T I O N N A I R E
City of
County of
Annexation ~(rdinance Number or Final Order Number
Effective Date of Annexation ic-1 /gcC5
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 to be certified. Complete the
following section if there are less than 200 housing units in this
annexation.
Attach completed confidential census schedules for all housing units
both vacant and occupied. There must be one sheet for each
inhabitable housing unit.
HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION
TOTAL OCCUPIED VACANT PERSONS
UNITS IN SINGLE FAMILY STRUCTURES
UNITS IN MULTIPLE FAMILY STRUCTURES
MOBILE HOMES OR TRAILERS
TOTAL POPULATION OF ANNEXED AREA 7 DATE OF ENUMERATION
ENUMERATED BY POSITION ~(~:~•r, y , .
TELEPHONE NUM. -,:J 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
Wineberg at the Center for Population Research and Census (503) 725-
3922.
THANK YOU.
OCONFIDENTIAO
city of J~--
Address
HOUSING TYPE TENURE
Single Unit Structure (v) Owner occupied)
Multiple Unit Structure ( ) Renter Occupied ( )
Trailer or Mobile Home ( ) Vacant ( )
RESIDENTS
Last Name First Name Sex Age
Respondent
3.
4.
5.
6.
7.
o.
9.
10.
Portland State University School of Urban and Public Affairs
Center For Pcou?ation Research and census 725-3922
NOTICE TO TAXING DISTRICTS.
ORS 308.225
OREGON DEPARTMENT OF REVENUE This is to notify you that your boundary
Cartographic Unit change in Washington County, for
955 Center Street HE ANNEX TO THE CITY OF
Salem. OR 97310 TIGARD. WITHDRAW FROM
(503) 995--8297 WASHINGTON CO. SERV. DIST
FAX (503) 945-8737 #1
TDD (503) 945•-8617 FINAL ORD. #3539
has been:
CITY OF TIGARD ® Received 1-2-96
FINANCE DIRECTOR
13125 SW HALL BLVD
TIGARD OR 97223 Approved 1-3-96
Notes: ❑ Disapproved (see notes)
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue file number: DOR 34•°1106°-96 Mike Hughes
Boundary: ® Change ❑ Proposed change ❑ Planned change
The change is for:
❑ Formation of a new district 0 Description 8*>k*~c*~k~K*~k*%~8****>k****~k~k~k~k#&~k '
® Annexation of a territory to a district Ej Map 3 DESCRIPTION AND MAP APPROVED #
® Withdrawal of a territory from a district # 1-•3-96
❑ Dissolution of a district AS PER ORS 308.225
❑ Transfer
❑ Merge Received from: P . M . B . C .
150.303-039 (Rev. 12.93)
Distribution: White - taxing diet. Canary - county assessor Pink- Dept. of Revenue Goldenrod - county commissioners or County Court/Boundary Commission (if appropriate)
Adk
CITY OF TIGARD
OREGON
January 16, 1996
Mayor
Jim Nicoll
City Rick and Paula Snook Council
Wends Conover Hawley
11430 SW Gaarde Street Paul Hunt
Tigard, OR 97224 Bob Rohlf
Ken Scheckla
Dear Mr. and Mrs. Snook:
We received official notification that the annexation proposal you requested became final. The effective
date of the annexation was December 14, 1995.
On behalf of the City Council, I welcome you to the City of Tigard. The County Elections Department has
been notified; they will update your voter registration so you can vote on Tigard issues and candidates.
Emergency public safety services can be reached by dialing 9-1-1. The Fire District continues to serve
you as before. The Tigard Police Department will now respond instead of the Sheriffs Department.
Please call the'Police Department for any public safety concerns you may have.
Tigard is proud of its well-run facilities. Street maintenance and sewer line services are provided by the
City. Unified Sewerage Agency is responsible for sewage treatment through a contract with the City. Your
sewer billing will be handled through a City billing process instead of through the County tax bill. Water
service will continue through the Tigard Water Department 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 Finance and Administration Departments
are oriented to good citizen service and we ask that you not hesitate to call 639-4171 if you have any
questions or concerns.
Once again, I wish you a sincer welcome.
Sin ly,
mes Nicoli
ayor
enclosure
jAadmyo\welcome
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
January 16, 1996
FINAL ORDER ON ANNEXATION 3539 ZCA95-0004 (Snook)
We have received the final order on Annexation 3539 ZCA95-0004 (Snook), effective
December 14, 1995. A map of the annexed property is attached. Census information is
as follows:
Final Order 3539:
Owner:
Rick & Paula Snook 2S110AB-04000, 1 SF dwelling
11430 SW Gaarde St. Est. population - 2
Tigard, OR 97224
Please call if you have any questions.
Ray, alone
Community Development Department
jig/annexmer.2
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley,
Gary Alfson, Randy Volk, Jill Aldrich, Kathy Davis
FROM: Ray Valone
DATE: January 16, 1996
SUBJECT: Final Order on Annexation 3539 ZCA95-0004 (Snook)
We have received the final order on Annexation 3539 ZCA95-0004 (Snook), effective
December 14, 1995. A map of the annexed property is attached. Census information is
as follows:
Final Order 3539:
Owner:
Rick & Paula Snook 2S110AB-04000, 1 SF dwelling
11430 SW Gaarde St. Est. population - 2
Tigard, OR 97224
'~\cdadm\1'arree\annex\annexmem
i.
PORTLAND METROPWAN AREA LOCAL GOVERNMENT ONDARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO: 3539 - Annexation of territory to the
City of Tigard.
Proceedings on Proposal No. 3539 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consents from the City on October 31, 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
December 14, 1995. The Commission also caused a study to be made on this proposal which
considered economic, demographic and sociological trends and projections and physical develop-
ment of the land.
The Commission reviewed this proposal in light of the following statutory guidance:
"199.410 Policy. (1) The Legislative Assembly finds that:
Na) 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 ap-
proach 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. Communi-
ty 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
Final Order - Page 1
single governmental aVcy, rather than several governmentogencies is 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:
Na) 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:
Na) Territory within a city may not be included within or annexed to a district
without the consent of the city council;'
"(b) Territory within a city may not be included within or annexed to another city;
and
Final Order - Page 2
"(c) Territory wit* a district may not be included with*r annexed
Y Y 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 Commis-
sion approved Boundary Change Proposal No. 3539 on December 14, 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: -A-, MIS BY:
()Ohair
ATTEST:
Final Order - Page 3
• • Exhibit A
Proposal No. 3539
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory contains .53 acres, 1 single family dwelling, an estimated population of 2, and is
evaluated at $77,720.
2. The petitioners desire annexation in order to acquire sewer service from the City.
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 downward from northwest to southeast at a 5%-7% grade. Land use on
surrounding parcels consists of single-family residences to the east, south, north west. The
territory is contiguous to the City on the north and east.
5. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
6. 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.
7. 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.
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
Final Order - Page 4
• . Exhibit A
Proposal No. 3539
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.
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 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.
The City determined that the proposal is consistent with the relevant portions of the Tigard
Comprehensive Plan based upon the findings below.
1. Plan Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied
because the Central CIT [Citizen Involvement Team] and surrounding property owners
have been notified of the hearing and public notice of the hearing has been published.
2. Plan Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is
satisfied because the Police Department and other service providers indicate that
adequate services are available and may be extended to accommodate the affected
property.
3. Plan Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal
will not create a boundary irregularity in this area; the Police Department has been
notified of this request and 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.
The City determined that the proposal is consistent with the relevant portions of the Commu-
nity Development Code based on the findings below:
1. 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 designa-
tion of R-5 while implementing the city's Comprehensive Plan designation of
Low Density Residential.
Final Order - Page 5
i
0 Exhibit A
Proposal No. 3539
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 shall be designated an established area on the develop-
ment standards area map of the comprehensive plan."
10. There is an 8-inch sewer located in SW 114th at the east edge of the property.
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.
I
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.
USA's monthly sanitary sewer user charges consist of a base rate of $14.59 per month plus
a consumption charge of 51.00 per 100 cubic feet of water used by the customer. These
City charges are the same as those charged by USA.
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 1995-96 tax year is $.0927 per thousand assessed value, would remain the
same since the City is in the District.
11. The site is 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 provides for services within the District by
the City. Tigard also has an agreement with Durham and King City, which have also
Final Order - Page 6
• • Exhibit A
Proposal No. 3539
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 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 Washing-
ton County Enhanced Sheriff's Patrol District and the District's $ .7481 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. Emergen-
cy 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 $.2886 per $1000 assessed value will no longer apply to the property.
Both of the adjacent streets (SW Gaarde Street and SW 114th Avenue) are already within the
City.
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. 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.
17. Tigard operates a park system funded through its tax base which finances the general fund.
18. There are eleven public libraries in Washington County, nine of which are provided by cities,
including Tigard.
Final Order - Page 7
• • Exhibit A
Proposal No. 3539
The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3788 (fiscal
year 1995-96) 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 to a City storm drainage facility in SW 114th Avenue. The Unified Sewerage
Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of
which $24 goes to the City.
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with city, county and regional planning for the area.
2. The City can provide an adequate quality and quantity of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status
(OAR 193-05-005) and the Policy On Long Term /Long Range Governmental Structure (OAR
193-05-015).
Final Order - Page 8
0 Exhibit B
Proposal No. 3539
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
THAT PORTION OF LOT 19 COLE'S ACRES, WASHINGTON COUNTY, OREGON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 152.5 FEET TO THE NORTHEAST
CORNER THEREOF; THENCE SOUTH 150 FEET MORE OR LESS TO THE NORTHEAST
CORNER OF THAT PARCEL OF LAND CONVEYED TO RONALD J. TEMPLETON,
ET UX BY DEED RECORDED MARCH 2, 1965 IN BOOK 542, PAGE 516 RECORDS
OF WASHINGTON COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID
TEMPLETON PARCEL 152.5 FEET MORE OR LESS TO THE NORTHWEST CORNER
OF SAID TEMPLETON PARCEL, SAID CORNER BEING ON THE WEST LINE
OF SAID LOT 19; THENCE NORTH 150 FEET MORE OR LESS TO THE POINT
OF BEGINNING
Final Order - Page 9
PROPOSAL ■ 3539
NW1 /4 NE1 /4 SECTION 10 T2S R1 W W.M. 2S 1 10AB
Washington County
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PROPOSAL NO. 3539
CITY OF TIGARD
ANNEXATION
FIGURE 2
M
December 14, 1995 Hearing
PROPOSAL NO. 3539 - CITY OF TIGARD - Annexation
Petitioner: City of Tigard; Rick & Paula Snook
90th Day: January 29, 1996
Proposal No. 3539 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 annexed.
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 and the west edge of SW 1 14th Avenue. The territory con-
tains .53 acres, 1 single family dwelling, an estimated population of 2, and is evaluated at
$77,720.
REASON FOR ANNEXATION
The petitioners desire annexation in order to acquire sewer service from the City.
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.
LAND USE PLANNING
Site Characteristics. The site slopes downward from northwest to southeast at a 5%-7%
grade.
Land use on surrounding parcels consists of single-family residences to the east, south,
north west. The territory is contiguous to the City on the north and east.
Proposal No. 3539 - Page 1
Regional Planning. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washington County Planning. 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.
Washington County has a single designation for planning and zoning.
County 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 Planning 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
Active Planninga 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 the
greatest extent possible.....
2. The CITY shall be responsible for comprehensive planning within the Active
Planning Area.
Proposal No. 3539 - Page 2
0 •
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 Planning Area Agreement
B. Prior to the commencement of periodic review for the City of Tigard and the
County'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
complete, subject to the time constraint and other requirements of
the COUNTY's land use ordinance hearings and adoption process.
C. The parties will jointly review this Agreement every two (2) years, or more
frequently if mutually needed, to evaluate the effectiveness of the processes
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.
Proposal No. 3539 - Page 3
City of Tigard Planning. The City of Tigard has a "city limits" plan. The County's plan and
ordinances remain applicable unless the City takes other action after the annexation is
effective. The City has policies requiring new development to be serviced with sewer and
water. Policy 7.1.2 states that as a pre-condition to development the City shall require
that:
a. Development coincide with the availability of adequate service capacity including:
1. Public water;
2. Public sewer shall be required for new development within the city unless
the property involved is over 300 feet from a sewer line and Washington
County Health Department approval for a private disposal system is ob-
tained; and
3. Storm drainage.
b. The facilities are:
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. and 10. are provided here:
10.1 Prior to the annexation of land to the City of Tigard:
a. The city shall review each of the following services as to adequate capacity,
or such services to be made available, to serve the parcel if developed to the
most intense use allowed, and will not significantly reduce the level of
services available to developed and undeveloped land within the City of
Tigard. The services are:
1. water;
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted capital improvements program ordinance, the
applicant shall sign and record with Washington County a non-remonstrance
agreement regarding the following:
Proposal No. 3539 - Page 4
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;
b) sewer;
c) drainage; and
d) streets.
t*.
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).
annexation of land into the city which carries a Washington County zoning
10.1.3 Upon
designation, the City of Tigard shall assign the City of Tigard zoning district designa-
tion 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
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.
3. Plan Policy 10.1.2, boundary criteria for annexations, is satisfied because the
proposal will not create a boundary irregularity in this area; the Police Department
has been notified of this request and has no objection; the affected land is located
Proposal No. 3539 - Page 5
•
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:
1. 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 shall be designated an established area on the
development standards area map of the comprehensive plan.
FACILITIES AND SERVICES
Sanitary Sewer Service. There is an 8-inch sewer located in SW 1 14th at the east edge of
the property.
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.
Proposal No. 3539 - Page 6
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.
USA's monthly sanitary sewer user charges consist of 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.
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 1995-95 tax year is $.0927 per thousand assessed value, would
remain the same since the City is in the District.
Water Service. The site is 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 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 $ .7481
per thousand property tax will no longer be levied against the territory. The County
Service District provides a level of service of .51 officers per 1000 population which in
addition to the general County level of .43 officers per 1000 population means that the
current level is .94 officer per 1000 population.
Subsequent to annexation, the Tigard Police Department will provide police protection to
the territory. Tigard provides a service level of 1.3 officers per thousand population.
Emergency response in Tigard is under five minutes.
Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
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. 3539 - Page 7
the District and the District's levy of $.2886 per $1000 assessed value will no longer apply
to the property.
Both of the adjacent streets (SW Gaarde Street and SW 1 14th Avenue) are 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.
Parks. Tigard operates a park system funded through its tax base which finances the
general fund.
Libraries. There are eleven public libraries in Washington County, nine of which are
provided by cities, including Tigard.
The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3788
(fiscal year 1995-96) 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 Drainage. The site drains to a City storm drainage facility in SW 1 14th Avenue.
The Unified Sewerage Agency levies an annual assessment for storm drainage services of
836 per dwelling unit of which 824 goes to the City.
RECOMMENDATION
Based on the study and the proposed Findings and Reasons for Decisions' found in Exhibit
A, the staff recommends that Proposal No. 3539 be approved.
Proposal No. 3539 - Page 8
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ABOVE - 3539
PROPOSAL NO
CITY OF TIGARD
ANNEXATION
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PROPOSAL ■ 3539
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PROPOSAL NO. 3539
CITY OF TIGARD
ANNEXATION
FIGURE 2
Exhibit A
Proposal No. 3539
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory contains .53 acres, 1 single family dwelling, an estimated population of
2, and is evaluated at $77,720.
2. The petitioners desire annexation in order to acquire sewer service from the City.
3. The Boundary Commission has three adopted policies. The first of these policies
states that the Commission generally sees cities as the primary providers of urban
services. Recognizing that growth of cities may cause financial problems for the
districts, the Commission states in the second policy that the Commission will help
find solutions to the problems. The third policy states that the Commission may
approve illogical boundaries in the short term if these lead to logical service arrange-
ments in the long term.
4. The site slopes downward from northwest to southeast at a 5%-7% grade. Land
use on surrounding parcels consists of single-family residences to the east, south,
north west. The territory is contiguous to the City on the north and east.
5. The territory is within the regional Urban Growth Boundary and the boundary of
Metro.
6. 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
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.
Findings - Page 1 of 6
• •
Exhibit A
Proposal No. 3539
7. 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.
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.
9. The City of Tigard has a "city limits" plan. The County's plan and ordinances
remain applicable unless the City takes other action after the annexation is effec-
tive.
The 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.
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 surround-
ing property owners have been notified of the hearing and public notice of
the hearing has been published.
2. Plan Policy 10.1.1, requiring adequate service capacity delivery to annexed
parcels, is satisfied because the Police Department and other service provid-
ers indicate that adequate services are available and may be extended to
accommodate the affected property.
3. Plan Policy 10.1.2, boundary criteria for annexations, is satisfied because
the proposal will not create a boundary irregularity in this area; the Police
Department has been notified of this request and has no objection; the
affected land is located within the city's urban planning area and is contigu-
Findings - Page 2 of 6
0
Exhibit A
Proposal No. 3539
ous to the city boundary; and adequate services are available to accommo-
date the property.
The City determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the findings below:
1. 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
designation of Low Density Residential.
d. The determination that the affected property is a developing area is
based on the standards in Chapter 18.138 of the code.
2. Code Section 18.138, providing standards for the classification of annexed
land, is satisfied because the property shall be designated an established
area on the development standards area map of the comprehensive plan."
10. There is an 8-inch sewer located in SW 114th at the east edge of the property.
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, Hillsbo-
ro, 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 con-
struction 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.
Findings - Page 3 of 6
Exhibit A
Proposal No. 3539
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.
USA's monthly sanitary sewer user charges consist of 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.
USA assesses a property tax which goes toward payment of bonds sold to con-
struct district-wide major improvements and regional treatment plants. Subsequent
to annexation this tax, which for the 1995-95 tax year is $.0927 per thousand
assessed value, would remain the same since the City is in the District.
11. The site is 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 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 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 $ .7481 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 4 of 6
Exhibit A
Proposal No. 3539
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 Mainte-
nance District. Upon annexation the territory will be automatically withdrawn from
the District and the District's levy of $.2886 per $1000 assessed value will no
longer apply to the property.
Both of the adjacent streets (SW Gaarde Street and SW 114th Avenue) are already
within the City.
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. 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.
17. Tigard operates a park system funded through its tax base which finances the
general fund.
18. There are eleven public libraries in Washington County, nine of which are provided
by cities, including Tigard.
The Washington County Cooperative Library System (WCCLS) levies a tax of
$0.3788 (fiscal year 1995-96) 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 to a City storm drainage facility in SW 1 14th Avenue. The Unified
Sewerage Agency levies an annual assessment for storm drainage services of $36
per dwelling unit of which $24 goes to the City.
Findings - Page 5 of 6
Exhibit A
Proposal No. 3539
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with city, county and regional planning for the area.
2. The City can provide an adequate quality and quantity of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated
Status (OAR 193-05-005) and the Policy On Long Term /Long Range Governmental
Structure (OAR 193-05-015).
Findings - Page 6 of 6
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CLACKAMAS
MULTNOMAH
WASHINGTON
PORTLAND METROPOLITAN LOCAL GOVERNMENT BOUNDARY 1 1
800 NE OREGON STREET # 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
November 20, 1995
Ray Valone
City of Tigard
13125 SW Hall Blvd
Tigard OR 97223
Ref- 3539
Dear Ray:
The Boundary Commission Statute, ORS 199.410 to 199.534 authorizes posting
of Public Hearing Notices within the area(s) to be annexed
In order to meet the requirements of ORS 199.463, they need to be posted by
November 30. 1995
Therefore, we would appreciate your cooperation in posting 3 copies of the
enclosed NOTICE OF HEARING and map. They should be posted in conspicuous
places within and/or immediately adjacent to the involved area(s) and they
should be placed in a manner reasonably calculated to be observed by the public.
(The additional copy of the hearing notice is for your records.)
Also would you please send us an "AFFIDAVIT OF POSTING."
Thank you.
Kenneth S. Martin
Executive Officer
KSM/Imr
Enclosures
STAFF 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 NATHALIE DARCY
I,LHI..IWIVW:~
MULTNOMAH
WASHINGTON .
PORTLAND -METROPOLITAN A' LOCAL -GOVERN :1 1'' COMMISSION.
600 NE OREGON STREET 9 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731.4093
PUBL11C
IM ()TICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, DECEMBER 14, 1995, IN
ROOM 602 MULTNOMAH COUNTY COURTHOUSE, 1021 SW 4TH AVE., PORTLAND,
OREGON, THERE SHALL BE A PUBLIC HEARING BY AND BEFORE THE PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ON
PROPOSALS, INCLUDING THE ONE LISTED BELOW. INTERESTED PERSONS MAY
APPEAR AND WILL BE GIVEN REASONABLE OPPORTUNITY TO BE HEARD.
PROPOSAL NO. 3539 - ANNEXATION TO THE CITY OF TIGARD of territory located
generally in W part of the City, on S edge of SW Gaarde St. and W edge of SW 1 14th
Ave.; more particularly: TL 4000 NW 1 /4 NE 1 /4 Sec. 10, T2S R 1 W, W.M., Wash Co, OR.
GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING
731-4093.
November 15, 1995 RAY BARTEL, CHAIRMAN
STAFF COMMISSIONERS
KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN FIELZERMAN
DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT
KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB
LANA RULIEN, Administrative Assistant NATHALIE DARCY
V J
PROPOSAL ■ 3539
NW 1 /4 NE1 /4 SECTION 10 T2S R 1 W W.M. 2S 1 1 CAB
Washington County
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PROPOSAL NO. 3539
CITY OF TIGARD
ANNEXATION
FIGURE 2
CITY OF TIGARD, OREGON •
ORDINANCE NO. 95-ch)/_
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0004).
WHEREAS, the Tigard City Council held a public hearing on October 24,
1995, to consider a zoning designation for one parcel of land located at
the southwest corner of SW Gaarde Street SW 114th Avenue; and
WHEREAS, on October 24, 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 May, Lot Number Current Zoning New Zoning
2S1 10AB, lot 4000 Wash. Co. R-5 Tigard R-4.5
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 Un a-'ry►'Y1: nx y vote of all Council members resent
after being read by number and title only, this eQL14 day
o f CkotVW4- , 19 9
Catherine Wheatley, City ecorder
APPROVED: By Tigard City Council is day onttlQ_gA~ ,
1995.
ti
s Ni li, Mayor
A roved as ft form:
y Attorney
Date
ORDINANCE No. 95-
Page 1
CITY OF TIGARD, OREGON
RESOLUTION NO. 95-54
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0004).
WHEREAS, the Tigard City Council held a hearing on October 24, 1995, to
consider the annexation of one parcel consisting of 0.53 acres located
at the southwest corner of SW Gaarde Street and SW 114th 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 Portl d Metropolitan
Area Local Governmen Boundary Co miss' n at once.
PASSED: This day o 1995.
City of Ti and
ATT T:
"U rvt.
City Recorder - City of Ti rd '-Certified to be a True Copy of
j a ~Cl S~ Origi
Date n on file
RESOLUTION NO. 95- Sao By: (.(1~ /1 ~/lt,` 11Q ITV f
Page 1 City Recorder • City of Tig rd
Date: _h La g~41
STAFF REPORT EXHIBIT A
October 24, 1995
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0004
REQUEST: To annex one parcel of 0.53 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: Rick and Paula Snook
11430 SW Gaarde Street
Tigard, OR 97224
OWNERS: Same
LOCATION: The southwest corner of SW Gaarde Street and
SW 114th Avenue - WCTM 2S1 10AB, lot 4000 (see
vicinity exhibit map).
2. Vicinity Information
Properties to the north and east are in the city and zoned
R-4.5. Properties immediately to the south and west are in
Washington County R-5. These parcels have single family
residences on them.
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 site slopes gently downward from northwest to southeast at
a 5-711 grade. There are no remarkable natural features on the
site. There is one single family house on the northern
portion of the site. The site has approximately 150 feet of
frontage along Gaarde Street, which is functionally classified
as a major collector.
1
•
The applicants have requested that the site be annexed to the
city by means of the double majority method. Representing the
owners of more than half the land (10016) and a majority of the
registered electors (100%) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The applicants intend to partition the
parcel after annexation to the city.
The proposal includes the request to initiate annexation to
the city and to change the zone only on the property. Because
the property is in the city's Active Planning Area, it has
already been assigned a Tigard Comprehensive Plan designation,
which is Low Density Residential.
5. Agency Comments
The Engineering Division, Tigard Police and Water departments,
PGE and General Telephone have reviewed the proposal and have
no objections. No other comments were received at the time of
this report.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive
Plan policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard
Community Development Code chapters 18.136 and 18.138.
Staff has determined that the proposal is consistent with the
relevant 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, Engineering, Water Department, USA and
TVF&R have reviewed the proposal and indicate that
adequate services are available and may be extended to
accommodate the affected property.
3. Policy 10.1.2,
boundary criteria for annexations, is
satisfied because the proposal will not create a boundary
irregularity in this area; the Police Department has been
notified of this request and 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.
2
4. Policy 10.1.4, zoning designation, is satisfied because
the affected parcel will be designated as R-4.5, which is
the most closely conforming zoning designation to the
existing Washington County zoning of R-5.
Staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based on
the following findings:
1. Code Section 18.136.030, requiring approval standards for
annexation proposals, is satisfied because:
a. Service providers have indicated that adequate
facilities and services are available and have
sufficient capacity to serve the affected site.
b. Applicable comprehensive plan policies and code
provisions have been reviewed and satisfied.
C. The zoning designation of R-4.5 most closely
conforms to the county designation of R-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 95-0004.
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AGENDA ITEM #
For Agenda of October 24, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone Chancre Annexation ZCA 95-0004
i
PREPARED BY :«ay a-l h-e DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE~THE COUNCIL
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary Commission a request to initiate annexation of one parcel
consisting of 0.53 acres located at the southwest corner of SW Gaarde Street
and SW 114th Avenue?
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 SUMMARY
The proposed annexation consists of territory comprised of one parcel of
land, totaling 0.53 acres, which is contiguous to the City of Tigard. The
applicants request annexation in order to be eligible for sanitary sewer
service and to partition their land. 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 $225.
.CITY OF TIGARD, OREGON •
t
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 95-0004).
WHEREAS, the Tigard City Council held a hearing on October 24, 1995, to
consider the annexation of one parcel consisting of 0.53 acres located
at the southwest corner of SW Gaarde Street and SW 114th 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
STAFF REPORT EXHIBIT A
October 24, 1995
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0004
REQUEST: To annex one parcel of 0.53 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: Rick and Paula Snook
11430 SW Gaarde Street
Tigard, OR 97224
OWNERS: Same
LOCATION: The southwest corner of SW Gaarde Street and
SW 114th Avenue - WCTM 2S1 10AB, lot 4000 (see
vicinity exhibit map).
2. Vicinity Information
Properties to the north and east are in the city and zoned
R-4.5. Properties immediately to the south and west are in
Washington County R-5. These parcels have single family
residences on them.
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 site slopes gently downward from northwest to southeast at
a 5-7o grade. There are no remarkable natural features on the
site. There is one single family house on the northern
portion of the site. The site has approximately 150 feet of
frontage along Gaarde Street, which is functionally classified
as a major collector.
1
I
The applicants have requested that the site be annexed to the
city by means of the double majority method. Representing the
owners of more than half the land (100%) and a majority of the
registered electors (1001i) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The applicants intend to partition the
parcel after annexation to the city.
The proposal includes the request to initiate annexation to
the city and to change the zone only on the property. Because
the property is in the city's Active Planning Area, it has
already been assigned a Tigard Comprehensive Plan designation,
which is Low Density Residential.
5. Agency Comments
The Engineering Division, Tigard Police and Water departments,
PGE and General Telephone have reviewed the proposal and have
no objections. No other comments were received at the time of
this report.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive
Plan policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard
Community Development Code chapters 18.136 and 18.138.
Staff has determined that the proposal is consistent with the
relevant 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, Engineering, Water Department, USA and
TVF&R have reviewed the proposal and indicate that
adequate services are available and may be extended to
accommodate the affected property.
3. Policy 10.1.2, boundary criteria for annexations, is
satisfied because the proposal will not create a boundary
irregularity in this area; the Police Department has been
notified of this request and 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.
2
4. Policy 10.1.4, zoning designation, is satisfied because
the affected parcel will be designated as R-4.5, which is
the most closely conforming zoning designation to the
existing Washington County zoning of R-5.
Staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based on
the following findings:
1. Code Section 18.136.030, requiring approval standards for
annexation proposals, is satisfied because:
a. Service providers have indicated that adequate
facilities and services are available and have
sufficient capacity to serve the affected site.
b. Applicable comprehensive plan policies and code
provisions have been reviewed and satisfied.
C. The zoning designation of R-4.5 most closely
conforms to the county designation of R-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 95-0004.
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CITY OF TIGARD, OREGON .
ORDINANCE NO. 95-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0004).
WHEREAS, the Tigard City Council held a public hearing on October 24,
1995, to consider a zoning designation for one parcel of land located at
the southwest corner of SW Gaarde Street SW 114th Avenue; and
WHEREAS, on October 24, 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 Zoning New Zoning
2S1 10AB, lot 4000 Wash. Co. R-5 Tigard R-4.5
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 vote of all Council members present
after being read by number and title only, this day
of 1995.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of ,
1995.
James Nicoli, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 95-
Page 1
- FAX TRANSMITTAL -
PLACE UNDER CITY OF TIGARD LOGO
LEGAL NOTICE SECTION OF TIGARD TIMES
DATE: October 6, 1995
TO: Sue Curran, Legals (fax) 620-3433
FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171
The following will be considered by the Tigard City Council on October 24, 1995 at 7:30 p.m. at the Tigard
Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is
invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of
the Tigard Municipal Code, and rules and procedures of the City Council. Failure to raise an issue in person
or by letter at some point prior to the close of the hearing on the request or failure to provide statements or
evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the
hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further
information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or
by calling 6394171.
PUBLIC HEARINGS
Zone Change Annexation (ZCA) 95-0004/Snook A request to annex one parcel of 0.53 acres into the city and
to change the zoning from Washington County R-5 to City of Tigard R-4.5. LOCATION: The southwest corner
of SW Gaarde Street and SW 114th Avenue. APPLICABLE REVIEW CRITERIA: The relevant review criteria in
this case are Comprehensive Plan policies 2.1.1, citizen involvement; 10.1.1, service delivery capacity; 10.1.2,
boundary criteria; and 10.1.3, zoning designation. Community Development Code chapters 18.136, annexation
requirements; and 18.138, land classification of annexed territory. ZONE: Presently Washington County R-5.
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CITY OF TIGARD
OREGON
October 30, 1995
Ken Martin, Executive Director
Portland Metropolitan Area
Local Government Boundary Commission
Suite 540
800 NE Oregon Street #16
Portland, OR 97232
Dear Ken:
I am writing to submit the enclosed forms for a city-initiated, double
majority annexation (Tigard ZCA 95-0004) and to request space on the
Boundary Commission's agenda of December 14, 1995. If you have
any questions or need additional information, please call me at 639-
4171.
Thank you for your prompt attention to this matter.
Sincerely,
Ray Valone, AICP
Associate Planner
Enclosures
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CITY OF TIGARD 21-22 036 NO. 6 3 4 3 6
Tigard Branch 12-V 13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK
Tigard, OR 97223 Of Oregon •
(503) 639-4171 Tigard, Oregon VOID AFTER 1 80 DAYS
9 29 95 7 7 _****225.00****
PAY
su of225;dol'SOOcts
TO THE ORDER OF PORTLAND METROPOLITAN BOUNDARY COMMISSION / PITY OF.' ARD
800 NE OREGON ST #16 SUITE 540
PORTLAND OR 97232
Au and Sirtnnhnn
Aulhrrri7nd Signnlurn -
•
I
•
• PMAL GB C FORM #15
PETITION FOR ANNEXATION TO THE CITY OF OREGON
TO: The Council of the City of Oregon
We, the undersigned property owners of and/or registered voters in the area described below,
hereby petition for, and give our consent to, annexation of the area to the City of
If approved by the city, we further request that this petition be
forwarded to the Portland Metropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The property to be annexed is described as follows:
(Insert Legal Description Here OR attach it as Exhibit "A
17
Revised 11/93
PETITION SIGNERS
NOTE: This petition may be signed by qualified persons even though they may not know their property description or precinct number.
SIGNATURE PRINTED NAME I AM A ADDRESS PROPERTY DESCRIPTION PRECINCT p DATE
PO RV OV LOT p 1/4 SEC. T R
rc~~ 30 Sw GAARDE
0~- - X 11y30
PO = Property Owner
RV = Registered Voter
OV = Owner Voter
THAT PORTION OF LOT 19 COLE'S ACRES, WASHINGTON COUNTY, OREG9N,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 152.5 FEET TO THE NORTHEAST
CORNER THEREOF; THENCE SOUTH 150 FEET MORE OR LESS TO THE NORTHEAST
CORNER OF THAT PARCEL OF LAND CONVEYED TO RONALD J. TEMPLETON,
ET UX BY DEED RECORDED MARCH 2, 1965 IN BOOK 542, PAGE 516 RECORDS
OF WASHINGTON COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID
TEMPLETON PARCEL 152.5 FEET MORE OR LESS TO THE NORTHWEST CORNER •
OF SAID TEMPLETON PARCEL, SAID CORNER BEING ON THE WEST LINE
OF SAID LOT 19; THENCE NORTH 150 FEET MORE OR LESS TO THE POINT
OF BEGINNING
is
al
r
PMAL GB C FORM #4
CERTIFICATION OF LEGAL DESCRIPTION AND MAP
I hereby certify that the description of the property included within the attached petition (located on
Assessor's Map ci ! J 1 fin )
has been checked by me and it is a true and exact description of the property under consideration,
and the description corresponds to the attached map indicating the property under consideration.
NAME
TITLE 17714.1
DEPARTMENT `f'
COUNTY OF ~-L)D h)~aL
DATE, I M12~. I , 19~
19
Revised 11/93
PMALGBC FORM #16
CERTIFICATION OF PROPERTY OWNERSHIP
(Double Majority Method)
I hereby certify that the attached petition for annexation of the territory described therein to the City
of Tigard contains the names of the owners* of a majority of the land area of the
territory to be annexed, as shown on the last available complete assessment roll.
NAME
TITLE d n,CA . .1(11h
DEPARTMENT
COUNTY OF A l1. (11~{
DATE 3,JJ19 4 5
* "Owner" means the owner of the title to real property or the contract purchaser of real
property.
PMALGBC FORM #17
CERTIFICATION OF REGISTERED VOTERS
I hereby certify that the attached petition for annexation of territory described herein to the City of
Tigard contains the names of at least a majority of the
electors registered in the territory to be annexed.
NAME
TTTLE~ nior Administrative Snecialist
DEPARTMENT Assessment & Taxation /Election Division
COUNTY OF Washington
DATE August 23, 1995
•-18--
Revised 11/93
• •
PMAL GBC FORM #19
(This form is NOT the petition)
ALL OWNERS OF PROPERTY AND/(2R REGISTERED VOTERS INCLUDED IN BOUNDARY
CHANGE PROPOSAL AREA
(To be completed IF the proposal contains 10 or fewer land owners/registered voters.
Please indicate the name and address of all owners/voters regardless of whether they
signed an annexation petition or not.) This is for notification purposes.
NAME OF OWNER/VOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
(1) RICK Q SNOOK TAX LOT# 04000 SEC.# 10 TWNSHP 02S RNG 01W
11430 SW GAARDE ST TIGARD OR 97224
(2) PAULA D. SNOOK TAX LOT# 04000 SEC.# 10 TWNSHP 02S RNG 01W
11430 SW GAARDE ST TIGARD OR 97224
(3)
(4)
(5)
(6)
(7)
20
Revised 11/93
PNIALGBC FORM #20
DOUBLE MAJORITY WORK SHEET
Please list all properties/registered voters included in the proposal. (If needed, use separate sheet for
additional listings). .
PROPERTIES
Property Assessed Si ed Petition
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
04000 SNOOK,RICK&PAULA 0.53 $77,720 x
TOTALS 0.53 $77,720 2 0
22
Revised 11/93
PMALGBC FORM #20 (continued)
REGISTERED VOTERS
ADDRESS OF REGISTERED' ` NAME OF REGISTERED SIGNED PETITION
Voter Voter Yes No
11430 SW Gaarde Street X
Tigard, OR 97224 Rick Q. Snook
11430 SW Gaarde Street Paula D. Snook X
Ti ard, OR 97224
TOTALS
SUMMARY
TOTAL NUMBER REGISTERED VOTERS IN THE PROPOSAL 2
NUMBER OF REGISTERED VOTERS WHO SIGNED 2
PERCENTAGE OF REGISTERED VOTERS WHO SIGNED 100
TOTAL ACREAGE IN PROPOSAL - 0.53
ACREAGE SIGNED FOR 0.53
PERCENTAGE OF ACREAGE SIGNED FOR 100
-23
Revised 11/93
PMAL GB C FORM #6
B O UNDAR Y CHANGE DA TA SHEET
1. EXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN
A. Land Area: Acres in. 1~ 3 or Square Miles
B. General description of territory. (Include topographic features such as slopes,
vegetation, drainage basins, flooodplain areas, which are pertinent to this proposal).
wti-_14 t, ~vt-~ ~'1 !L i iti l~✓vS 1
S~ zST" A i A S~~ - `I oj "r ~v, s tic
Q~ tiv~ .Z~Lg !V n i 1f • ~ L ~ A ~ rL 2i 5 C~ n.l ~
C. Describe land uses on surrounding parcels. Use tax lots as reference points.
North: 5; G - Tn P_E~ 5 i o '-f 1 , t
East: St f~ s ) t TL A L
South: St 6 -rte ~ i 7 1ZF 5 ; 6,Z -TL A- L
West: Ab5 .4 L
D. Existing Land Use:
Number of single-family units [ Number of multi-family units d
Number commercial structures 0 Number industrial structures
Public facilities or other uses
What is the current use the land proposed to be annexed:
E. Total current year Assessed Valuation $ '7'7.-7 2 o
F. Total existing population
11
Revised 11/93