ZCA1995-00005
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City of Tigard have now been officially withdrawn from the Tigard Water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,
1-ym-
Juliawell Hajduk
Associate Planner
i:\curpln\julia\annex\wdlet2.doc
Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27
C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File
1999 Planning correspondence file
City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6;
97-1,2 & 3; and 98-1,2,3 & 4.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ CITY OF TIGARD, OREGON ~
ORDINANCE NO. 99- CF5 ~
AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY I
BEEN ANNEXED TO THE CTTY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT.
WHEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and
WI-IEREAS, 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WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from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 WI-EREAS, 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 CityfTigard; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by
ordinance. NOW, THEREFORE, THE CTTY 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.
SECI'ION 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 u`n&n i muU-S vote of all Council members present after being read by number and title only, this ~
day of a!''" , 1999.
~l-e GU
Catherine Wheatley, City Recor
APPROVED: By Tigard City Council thisday of
&es-Nicoli, Mayor
Approved as to form:
Attorney
iy
2-z
Date
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Page 1 of l i:\citywide\ord\wdwithdr.ord.doc Julia H. 11-Feb.-99
, . . ~
' CITY OF TIGARD WATER DISTRICT WITHDRAWAL Boundary Commission
Final Order No. 35y1?
.
EXHIBIT 9 ZCANo.9S-ooo5
LEGAL DESCRIPTION Of THE AREA
A tract of land situated in the Southeast one-quarter of the Northwest one-quarter of . Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon, more particularly described as follows:
Beginning at an iron pipe in the southerly right-of-way line of SW Walnut Street, which iron
pipe bears South 0046' West 1056 feet, South 77150' West.603.1 feet and South 0046'
West 12.05 feet from the 1/4 cocner in the north line of said Section 3, T2S, R 1 W, W.M.
From said Point of Beginning; thence leaving said southerly right-of-way line of SW
Walnut Street, South 0046' West 523.79 feet to an iron pipe; thence South 77050' West
144 feet; thence North 4005' West 364.92 feet; thence North 87°26' East 118 feet; .
thence North 3005' West 169.55 feet to the southerly right-of-way line of said SW Walnut
Street; thence North 78039' East along said southerly right-of-way line of SW Walnut,
Street, 66.46 feet to the Place of Beginning.
INCLUDING that portion of SW Walnut Street adjacent to the above described property
and that portion of SW Walnut Street extending East 167.6 feet, more or less from the
easterly line extended of said property, to the City Limits line of the City of Tigard 'as per
8oundary Commission.Proposal No. 3459.
YICINITY MAP OF THE AREA
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'
Notice to Taxing Districts Oregon Department of Revenue
ORS 308.225 Cartographic Unit
955 Center St. NE
RECEIVED PLANNING Salem, OR 97310
(503) 945-8297, fax 945-8737
JAN 0 7 1999
Cmr OF nGnRD
City of Tigard
Finance Director
13125 SW Hall Blvd
Tigard, OR 97223
0 Description N Map received from: CITY
On: 12/24/98
This is to notify you that your boundary change in Washington County for
WITHDRAWAL FROM TIGARD WATER DIST.
DRAFT
has been: ❑ Approved
0 Disapproved
Notes:
EXHIBITS 2& 3 HAVE THEIR MAPS SWITCHED. EXHIBIT 9 NEEDS DIST
CORRECTED, SEE ATTACHED. EXHIBIT 16 IS DUPLICATE OF EXHIBIT 9.
Department of Revenue File Number: 34-I343-98
Prepared by: Jennifer Dudley, 503 945-8666
Boundary: ❑ Change ❑ Proposed Change N Planned Change
The change is for:
❑ Formation of a new district
❑ Annexation of a territory to a district
N Withdrawal of a territory from a district
❑ Dissolution of a district
❑ Transfer
❑ Merge
Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or Counry Court/Boundary Commission (If appropriatc)
• CITY OF T ARD WATER DISTRICT WITHD WAL
' ~o Boundary Commission
, . Final Order No. 35y9
EXHIBIT 9 ZCA No. 95- oooS
LEGAL DESCRfPTION OF THE AREA
'
'A trac.t of land situated in "the Southeast one-quarter of the Northwest one-quarter of
Seciion 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
' Ccaunty, Oregon, more particularfy described as foitows: .
Beginning at an iron pipe in the southerly right-of-way fine of SW Walnut Street, which iron
pipe bears South 0046' West 1056 feet, South 77150' West 603.1 feet and South 0046'
West 12.05 feet from the 1/4 cocner in the north line of said Section 3, T2S, R 1 W, W.M.
From said Point of Beginning; thence leaving said southerly right-of-way line of SW
Walnut Street, South 0046' West 523.79 feet to an iron pipe; thence South 77 ° 50' West
a~ 1 14~feet; thence North 4005' West 364.92 feet; thence North 87026' East 118 feet;
\ l ~thence North 3105'.West 169.55 feet to the southerly right-of-way line of said SW Walnut
Street; thence North 78039' East along said southeriy right-of-way line of SW Walnut,
Street, 66.46 feet to the Place of Beginning.
INCLUDING that poetion of SW Walnut Street adjacent to the above described property
and that portion of SW Walnut Street extending East 167.6 feet, more or less from the
easterly line extended of said property, to the City Limits line of the City of Tigard 'as per
Boundary Commission Proposal No. 3459.
. YICINITY MAP OF THE AREA
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Council Agenda Item q, ~
TIGARD CITY COUNCIL
MEETING MINLJTES - NOVEMBER 14, 1995
• Meeting was called to order at 7:00 p.m. by Mayor Nicoli.
1. ROLL CALL
Council Present: Mayor Jim Nicoli; Councilors Wendi Conover Hawley, Paul Hunt,
Bob Rohlf, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator;
Dick Bewersdorff, Senior Planner; Jim Hendryx, Community Development Director;
Liz Newton, Assistant to the City Administrator; Tim Ramis, Pam Beery and Frank
Hammond, Legal Counsel; Duane Roberts, Associate Planner; Ray Valone, Associate
Planner; Catherine Wheatley, City Recorder; Ed Wegner, Maiotenance Services
Director; and Randy Wooley, City Engineer.
The Tigard City Council went into Executive Session at 7:37 p.m. under the provisions of
ORS 192.660 (1) (d), (e), &(h) to discuss labor relations, real property transactions,
current and pending litigation issues.
Executive Session adjourned at 7:46 p.m.
BUSINESS iMEETING
1.4 Council Communications/Liaison Reports
There were none.
1.5 Call to Council and Staff for Non-Agenda Items
City Administrator Monahan advised he would like to list the following from
staff as non-agenda items:
• Grant Bridge and Tiedeman Bridge proposal.
• Request from League of Oregon Cities.
• Tualatin Espressway.
CITY COUNCII. MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 1
2. VISITOR'S AGENDA:
• Jack Polans, 16000 SW Queen Victoria Place, King City, Oregon, 97224, said
it was his understanding it was easier to construct new roads than to
maintain them. City Engineer Wooley responded that more funding options
were available for new streets.
Mr. Polans commented about the process for appointing members to Boards
and Committees. (Note: Appointment process is outlined in staff material I
prepared for Agenda Item No. 6.)
Mr. Polans then asked several questions for clarification on the tentative
agenda.
• Duane Meyer, 13210 SW Watkins Ave., Tigard, OR 97223, requested
information on a dirt pile near Park and Watkins which was approximately
four feet high. Mr. Meyer gave his telephone number. Staff will contact him
to advise of the status of the dirt pile.
• Martha Bishop, 10590 SW Cook Lane, Tigard, Oregon, 97223, commented
on her visits to the four CITs. She noted concerns that there was no Park
Board. She commented on the public input process for Greenspace projects
and advised of the need for additional sports playing fields and the Cook
Park expansion plan. She reported that the CITs had not looked at the
information concerning parks SDCs or a Cook Park master plan.
3. CONSENT AGENDA:
Mayor Nicoli declared a conflict of interest and advised he would not be voting on
Item 3.6. In addition, Items 3.2(b) and 3.8 were pulled for separate consideration.
Motion by Councilor Scheckla, seconded by Councilor Rohlf, to approve the
following Consent Agenda items:
3.1 Approve City Council Minutes: October 10 and 17, 1995 .
3.2a. Council Calendar
3.3 Authorize Sale of Bonds - Dartmouth Local Improvement District -
Resolution No. 95-55
3.4 Approve Wetlands Planning Grant Agreement
3.5 Approve Budget Adjustment for Wetlands Planning Grant - Resolution No.
95-56
3.7 Dedicate Right of Way Required for 72nd Avenue from the City-owned
"American Legion" Property and Authorize the City Administrator to Sign
a Warranty Deed - Resolution No. 95-57
CTTY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 2
_ . ~
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.
3.2b - Receive and File Tentative Agendas:
Councilor Hunt noted his concerns about the upcoming public hearing on
Greenspace projects. He advised he would want to have a lot more information.
He advised he still does not have an idea what the CITs are reviewing. He urged
City Council to look at the properties.
Community Development Director Hendryx advised he prepared maps and updated
information on the Greenspace projects. Tours are being offered for the Planning
Commission and City Council to look at the proposed sites.
' Motion by Councilor Hunt, seconded by Councilor Hawley, to approved Consent
Agenda Item 3.2(b).
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
3.6 - Initiate Vacation Proceedings for a 10-foot Wide Public Utility Easement
Located on Lot No. 9 in Benchview Estates Subdivision - Res. No. 95-58.
Motion by Councilor Hawley, seconded by Councilor Rohlf, to approve Consent
Agenda Item No. 3.6.
~
Motion was approved by unanimous vote of Council present (Councilors Hawley,
Hunt, Rohlf, and Scheckla voted "yes;" Mayor Nicoli did not vote.)
3.8 - Authorize Staff to Solicit Proposals From Qualified Landscape Architectural
Firms to Prepare a Plan For the ExQansion of Cook Park.
After brief discussion, motion by Councilor Hawley, seconded by Councilor Hunt,
to set this item over for discussion at the November 21, 1995 Study Session.
The motion was passed by a unanimous vote of Council present. (This item was set
over, after brietly discussing concerns introduced by Councilor Hunt. Councilor
Hunt questioned the procedure and advised he wanted to discuss this item in more
detail; i.e., where in the budget where funds come from, and the scope of the work.)
CITY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 3
~ . _
4. CONSIDER PARKING RESTRICTIONS ON COMNERCIAL STREET
City Engineer Wooley reviewed the staff report, which is on file with the Council
packet material.
Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Ordinance
No. 95-25. - ORDINANCE NO. 95-25 - AN ORDINANCE AMENDING T.M.C. 10.28.130 BY
ADDING A PORTION OF SW COMNIERCIAL STREET WHERE PARKING IS
PROHIBITED.
Niotion was approved by unanimous vote of Council present. (Mayor NicoG and
~ Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
5. UPDATE AND RECOMNIENDATIONS: 130TH/WINTERLAKE BRIDGE
CONNECTION
City Engineer Wooley reviewed the staff report which is on file with the Council
packet material. Also contained in the Council packet material was a memorandum
to the Mayor and Council from the 130th Task Force members.
Mr. Wooley referred to drawings which incorporated recommendations for the
appearance of the bridge connection. There was discussion on the fact that the
improvement of SW 130th Avenue between Scholls Ferry Road and Hawks Beard
Street is classified as a minor collector street. Mr. Wooley also reviewed the six
points contained in the staff report, which consisted of the staff request for
approvals from City Council.
There was discussioa on the mitigation of traffic concerns for the neighborhood.
Mr. Wooley advised he met with the neighborhood last week and they are prepared
to try to get speed bumps for their neighborhood during the Capital Improvement
Project priority process next Spring.
Mr. Bob Pavlukovich noted the neighborhood's involvement and their suggestion to
close access to a pathway at 129th. In addition, the neighbors were also requesting
that lighting be added to the pathway. In response to the concern by Councilor
Rolilf, VIr. Pavlukovich advised the neighborhood would not let issues drop, and
realized they would need to present their requests for speed bumps through the CIT
process. Mr. Pavlukovich noted appreciation for the work done by the Assistant to
the City Administrator Newton, and advised that Councilor Rohlf was instrumental
in working through the recommendation process with the task force. He advised the
task force was a positive process.
CTTY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 4
.
_ • •
Councilor Hunt commended Councilor Rohlf and the task force for mending the
hard feelings on this matter.
Motion by Councilor Hunt, seconded by Councilor Hawley, to accept staff s
recommendation. Motion was approved by unanimous vote of Council present.
(Mayor Nicoli and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
6. BOARD AND COMMITTEE RULE ANEENDMENTS:
6.1 Establish Term Limits (Ordinance & Resolution)
Assistant to the City Administrator Newton reviewed the staff report. She
also reviewed t6e interpretation of Charter Section 20 regarding how
aPPointments are made. (This information is contained in the Council Packet
material.)
RESOLUTION NO. 95-59 - A RESOLUTION ESTABLISHING TERM
LIMITS FOR MEMBERS OF THE BUDGET COMMITTEE
Mohon by Councilor Hunt, seconded by Councilor Rohlf, to approve
Resolution No. 95-59.
Motion was adopted by unanunous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.")
ORDINANCE NO. 95-26 - AN ORDINANCE AMENDING TMC 2.08.020
AND ESTABLISHING TERM LIMITS FOR MEMBERS OF THE
PLANNING COMMISSION
Motion by Councilor Hunt, seconded by Couacilor Rohlf, to adopt Ordinance
No. 95-26.
Nlotion was approved by unanimous vote of Council present. (Viayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
6.2 Formalize the application and review process for appointment to Boards and
Committees
Assistant to the City Administrator Newton reviewed the staff report and
accompanying information on this agenda item. (information is on file with
the Council packet material).
CITY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 5
• • .
RESOLUTION NO. 95-60 - A RESOLUTION ESTABLISHING A
PROCEDURE FOR RECRUTTMENT AND APPOINTMENTS TO BOARDS
AND CONIMITTEES
Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt
Resolution No. 95-60
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
7. PUBLIC HEARING (QUASI-JUDICIAL): APPEAL OF SUBDIVISION (SUB) 95-
0004/PLANNED DEVELOPMENT REVIEW (PDR) 95-0005/SENSITIVE LANDS
REVIEW (SLR) 95-0007 - HILLSHIRE WOODS PHASE II/SIERRA PACIFIC
DEVELOPMENT (Continued from September 26, 1995)
Staff recommended this hearing be continued to December 19, 1995. In response
to a question from Councilor Hunt, Community Development Director Hendryx
advised this site is a potential Greenspace project and is being considered on the
priority listing.
Councilor Hunt referred to a letter that recently appeared in the Tigard Times,
saying that the City Council had already approved this development he aoted the
development had not yet been approved.
Motion by Councilor Hunt, seconded by Councilor Hawley, to continue the hearing
to December 19, 1995.
Motion was approved by unanunous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
8. CONSIDERATION OF FINAL ORDER (QUASI-JLTDICIAL) - SITE
DEVELOPMENT REVIEW (SDR) 91-0005/VARI4,NCE (VAR) 91-0010 .
DOLAN/MENDEZ) (Set over from October 24, 1995)
► To Consider the U.S. Supreme Court remand of conditions related to the
dedication of property for floodplain management and a bikepath relating to the
determination of the rough proportionality of those requirements. LOCATION:
12520 SW Niain Street (WCTM 2S1 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
CITY COUNCII. MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 6
. • •
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. This agenda item was introduced by Legal Counsel Ramis. Councilor Rohlf
noted that the proposed Final Order appeared to retlect Council comments
and direction. He advised he was satisfied with the document.
RESOLUTION NO. 95-61 - A RESOLUTION UPON CITY COUNCIL
REVIEW TO CONSIDER THE U.S. SUPREME COURT REMAND OF
CONDITIONS RELATED TO THE DEDICATION OF PROPERTY FOR
FLOOD PLAIN MANAGEMENT AND A BIKEPATH RELATING TO THE
DETERMINATION OF THE ROUGH PROPORTIONALTTY OF THOSE
REQUIREMENTS - SITE DEVELOPMENT REVIEW (SDR) 91- 0005/VARIANCE (VAR) 91-0010 DOLAN/MENDEZ
Motion by Councilor Rohlf, seconded by Councilor Hawley, to adopt
Resolution No. 95-61.
Motion was approved by a majority vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, and Rohlf voted "yes;" Councilor Scheckla
voted "no.
9. PUBLIC HEARING (QUASI-JUDICIAL) - ANNEXATION - ZCA 95-0005
WII,LIAMS
A request to anneY one parcel of 1.52 acres into the city and change the zoning from
Washington County R-5 to City of Tigard R-4.5. Location: The south side of S.W.
Walnut Street between S. W. 116th and S. W. 121st Avenues. 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, annesation 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 Nicoli asked the following:
- Do any members of Council wish to report any eY parte contact or
information gained outside the hearing, including any site visits?
(None were reported).
CITY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 7
• • .
- Have all members familiarized themselves with the application?
(Council members indicated they were familiar with the appGcation).
- 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 Ray Valone reviewed the staff report, which is on file with
the Council packet material.
d. Pubtic Testimony
• Suzanne Capone, 11710 SW Walnut Street, Tigard, Oregon, 97223,
advised she does not want to be in the City nor does she want sewers
coming across her property.
Staff clarified that Ms. Capone would not be charged for sewers
unless she decided to hook-up to the sewers.
• Jack Polans, 16000 SW Queen Victoria Place, King City, Oregon,
97224, asked several questions with regard to the annexation. He
urged citizens to investigate issues.
With regard to Mr. Polans' concerns with Section 10.1.3 of the
Comprehensive Plan, Legal Counsel Beery noted that staff has
addressed that point in the proposed ordinance.
e. Staff Recommendation
Staff recommended approval of the proposed resolution and ordinance in the
Council packet material.
f. Council Questions
There were none.
g. Public Hearing was closed.
CTTY COUNCIL MEETING MINiJTES - NOVEMBER 14, 1995 - PAGE 8
. • •
h. Council Consideration
RESOLUTION NO. 95-62 - A RESOLUTION INITIATING ANNEXATION
TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN
EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT "B" (ZCA 95-0005)
i. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Resolution
No. 95-62.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
ORDINAiNCE NO. 95-27 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARE AN
~
EFFECTIVE DATE (ZCA 95-0005)
j. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance
No. 95-27.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
(City Recorder's note: Agenda Item No. 12 was considered at this time; minutes follow
with items numbered in the same sequence as the agenda.)
10. REVIEW DEPARTMENTAL SERVICE STANDARDS (Set over from the 10/10/95
Council meeting)
City Administrator Monahan reviewed the staff report, and advised the Service
i Standards would used as a benchmark tool to determine whether the departments
feel they are working effectively. Mayor Nicoli noted that he favored adopting the
Service Standards. Councilor Rohlf asked questions and then noted that it appeared
that Service Standards would be a useful communication tool. He said he would not
want to micro-manage the City's daily functions.
During discussion it was noted that this information could be utilized as justification
for requests for increases in number of staff. It was planned that this information
would be also utilized for preparation of budget information.
Councilor Rohlf said he would not object to a year's trial period.
CITY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 9
• ~ .
Councilor Hunt advised that adopting t6e service standards represented micro-
management by City Council. He also objected to the amount of paperwork he
foresaw as necessary to maintain the service standards and reporting structure.
During discussion it was also noted that the amount of information contained in the
Service Standards was more than what Council was expecting. In the future, staff
will reduce the amount of detail in the reports.
Councilor Scheckla noted concerns that if this was in place, employees may try to
meet timeframes rather than work toward quality of work and taking as much time
as needed. He advised he would vote "no" on this issue.
Councilor Hawley indicated she was in favor of using Service Standards as a
communication tool.
Motion by Councilor Hawley, seconded by Councilor Rohlf, to adopt the draft
Service Standards.
Motion was approved by a majority vote of Council present. (Mayor Nicoli and
Councilors Hawley and Rohlf voted "yes"; Councilors Hunt and Scheckla voted
"no.
11. PUBLIC HEARING (I.EGISLATIVE) - PARBS SYS1'EMS DEVELOPMIIV'r
CHARGES (SDC's) AND METHODOLOGY FOR CALCULATION OF THE SDCs.
I (Set over from October 24, 1995)
► To consider changes to the City's Park Systems Development C6arges (SDC's) and
to the methodology pertaining to the calculation of these SDCs. Both public oral
and written testimony is invited. A copy of the full 40-page SDC study is available
upon request.
a. Public hearing was opened.
b. Declarations or challenges - there were none.
c. Staff report.
Community Development Director Hendryx introduced this agenda item. It
was noted that two letters were received as public comment from:
(1) PacTrust;.
(2) Chamber of Commerce.
I
CITY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 10
. • •
These letters have been included as part of the Council packet material.
Associate Planner Roberts highlighted the study that was performed for
Parks System Development Charges. Mr. Roberts also reviewed the
relationship of fees with regard to Tigard's fee structure and other cities.
Mr. Roberts reviewed the summary of existing park and greenway standards,
and t6e situation as it now is in the City of Tigard. He also advised that
calculations had been done to determine the cost of maintaining the current
standards. There were questions with regard to the costs and the manner in
which calculations were made.
The agenda item was broken down into three parts:
11.1 Systems Development Charge Amending Ordinance to
incorporate state legislative changes and replace the
street SDC chapter of the Tigard Municipal Code.
11.2 Amendment to Park System Classifications and Acreage
Standards for Consistency with those Used in the Park
System Development Charge Study
11.3 Amend Park System Development Charge Methodology
and Fee Structure
d. Public Testimony.
• Jack Polans was signed up to speak; however, he had left the meeting.
e. Council Questions and Comments. •
Council and staff reviewed the methodology and assumptions made for the
charges calculated for new single-family development and for new business
development. SDC charges for businesses were based on number of
employees estnnated to eventually be working at the new businesses.
Mayor Nicoli referred to the amount of money available from the Nietro
Greenspace program. He said businesses support recreational programs in
other ways; i.e., sponsorship of sports teams. He disagreed with the manner
in which the SDC fees were calculated for businesses.
Councilor Rohif noted his concerns about hidden taxation.
CITY COUNCIL MEETING MINUTES - NOVENIBER 14, 1995 - PAGE 11
• • .
Associate Planner Roberts noted this is a method to address concerns about
development paying for its own impacts. ,
Councilor Hunt said both single-family and commercial business should pay
for the park SDC.
In response to a question from Councilor Scheckla, City Administrator
Monahan advised that esisting businesses would not pay additional fees unless
they build or add substantially more square footage for a more intense use.
f. Public hearing was closed.
g. Council consideration.
h. Item 11.1
ORDINANCE NO. 95-28 - AN ORDINANCE ANIENDING TITLE 3 OF
THE TIGARD MUNICIPAL CODE BY REPEALING CHAPTERS 3.16 AND
3.20 AND AMENDING CHAPTER 3.24.
Motion by Councilor Hawley, seconded by Councilor Rohlf, to adopt
Ordinance No. 95-28.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
Item 11.2
ORDINANCE NO. 95-28 - AN ORDINANCE APPROVING AMENDMENTS
TO THE TIGARD COMPREHENSIVE PLAN RESOURCE AND POLICY
VOLUNIES BY CHANGING THE PARK CLASSIFICATION SYSTENI
FROM 11 TO 5 CATEGORIES, AND CHANGING THE OVERALL PARK
SERVICE STANDARDS FROM 10.00 ACRES PER THOUSAND TO 7.56 '
PER THOUSAND POPULATION.
Item 11.3
Niotion by Councilor Hawley, seconded by Councilor Rohlf, to adopt
Ordinance No. 95-29. '
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
CITY COUNCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 12
. • •
Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve
Resolution No. 95-63.
Discussion followed on the proposed resolution. Councilor Hawley noted she
would be in favor of charging an SDC for parks to businesses. She advised
she would like to discuss the methodology used.
Mayor Nicoli advised he was not opposed to businesses paying when they
place demands on the infrastructure. He noted he did not feel the current
proposal offered an appropriate method for calculating the charge.
After discussion, Councilor Hunt withdrew his second, and supported that
the discussion be continued at a future date. The matter was tabled until
November 21, 1995.
Council meeting recessed at 10:04 p.m. (Councilor Rohlf left the meeting at 10:04 p.m.)
Council meeting reconvened at 10:10 p.m.
' • Councilor Scheckla reported he attended the dedication ceremonies for the
new American Le 'on building. He advised this facilitY is verY nice, and the
~
membership encouraged people to come look at their building. Mayor Nicoli
noted the American Legion is a service organization and he was pleased they
were able to stay in the City of Tigard after they had to move from their
former property.
12. PUBLIC HEARING - CONSIDERATION OF OFFERING PROPERTY FOR SALE
LOCATED ON THE CORNER OF 99W AND 72ND AVENUE FORMERLY
KNOWN AS THE AMERICAiN LEGION PROPERTY AND SETTING A
MINIMiJM PRICE
a. Public hearing was opened.
b. There were no declarations or challenges.
c. Staff report.
Finance Director Lowry summarized the staff report, which is on file with the
Council packet material.
d. Public Testimony
' • Mel Anderson, 11570 SW Pacific Highway, Tigard, Oregon, 97223,
reviewed history of his situation with his property and this adjacent
property. He advised he bought his property 17 years ago, and has
had the right to travel through this adjacent property because of an
CITY COITivCIL MEETING MINUTES - NOVEMBER 14, 1995 - PAGE 13
• • .
easement. He advised this easement is recorded at the County, and
it is important to the value of his property to retain this easement.
After discussion, Council consensus was to delay further consideration
on the property until more information could be presented about Mr.
Anderson's easement.
e. Motion by Councilor Hunt, seconded by Councilor Scheckla, to continue the
hearing to December 19, 1995.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
* c o r r e c t i o n * and Councilors Hawley, Hunt, Rehl; and Scheckla voted "yes.
noted at 1/23/96 ~
A-)
council l~eet~r3~n-Agentlacilor Rohlf was not at the meeting at this time.
1V
Grant and Tiedeman Bridges - City Engineer Wooley updated: The Grant Avenue
bridge is being replaced to resolve several problems including obstruction of the
creek. It is one of the first areas to tlood during rains. The bridge will be widened,
have sidewalks, and will be raised to accommodate a 100-year tlood flow.
Improvements to the Tiedeman bridge were described by City Engineer Wooley.
The project will include road realignment and widening. He noted problems with
cars occasionally hitting a fence on the Fowler Jr. High property.
In response to a question from Mayor Nicoli, City Engineer Wooley advised they
were trying to complete preliminary work so construction could be done in 1996.
Reauthorization Studv for Corps' Willamette Basin Projects - League of Oregon
Cities - Assistant to the City Administrator Newton reviewed a memorandum
distributed to City Council members (memorandum dated November 7, 1995, is on
file with the Council packet material).
After discussion, motion by Councilor Hunt, seconded by Councilor Hawley, to
advise the League of Oregon Cities that the City of Tigard is interested in
. participating in this program.
Forum on Cooperative Urban Services (FOCUS) - A FOCUS meeting will be held
on November 16, 1995 to discuss holding the line on the Urban Growth Boundary.
Council discussed the effects of the Urban Growth Boundary and potential impacts
of increased densities. Mayor Nicoli referenced the Tigard Triangle and problems
the City is trying to resolve. He noted Metro has not been doing much to help with
the Triangle and is concerned that Metro's organization also does not understand
how the 2040 Plan is to be implemented.
CITY COUNCIL NIEETING NIINUTES - NOVEMBER 14, 1995 - PAGE 14
, . .
Tualatin Expresswav - Mayor Nicoli updated Council on meetings he has attended
the last several months with Washington County representatives. He advised that
options are being considered. It looks as if a private company will donate some
resources to the Tualatin Expressway. He commented on his meetings with the
Mayors of Sherwood and Tualatin. The Cities of Sherwood and Tualatin have
approved a contribution between $250 to $300 to send Tom Brian to Washington,
D.C. to gather support for the Expressway idea.
Motion by Councilor Hunt, seconded by Councilor Hawley, to authorize the City
Administrator to spend up to $300 as a contribution to Tom Brian as a consultant
to perform services as noted and report back to the City Council.
During brief discussion, Councilor Scheckla advised he would like Tom Brian to
attend a Council meeting and report on his findings.
Motion was approved by unanimous vote of Council present. Motion was approved
' by unanimous vote of Council present. (Mayor Nicoli and Councilors Hawley, Hunt,
*RbKff, and Scheckla voted "yes.") *correction noted at 1/23/96 council V~)
meeting. Councilor Rohlf was not at the meeting at this time.
Holidav Tree Lighting Ceremonv - In response to an inquiry by Mayor Nicoli, City
Administrator Monahan advised that new circuits and additional strings of lights will
be placed on the tree for this year's Tree Lighting Celebration.
Durham Signal - There was discussion on fmancing available for the construction
of the Durham Signal. It is hoped the School District will contribute $25,000 and
, that traffic impact fees collected from the School District will be earmarked toward
financing the signal. It was noted that conduit will be placed under the pavement
as construction is done in anticipation of signal installation. .
14. ADJOURIYMEiNT: 11:04 p.m.
~ Ck.t-
~
Attest:' . Catherine Wheatley, City Recorder
l ~
a6r, City oF Tigaro~/
Date:
ccm1114.95
CITY COUNCIL iNIEETING MPi 1iJTES - NOVEMBER 14, 1995 - PAGE 15
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m■Complete items 3, aa, and ab. following services (for an
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i •
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 c. , /14 ,,/(y\
Annexation 4/dinance Number or Final Order Number
Effective Date of Annexation il( il %
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 I DATE OF ENUMERATION
^
ENUMERATED B 1 t y - POSITION . ~(j,~,-,-~,:✓ • ~ic.-y~-~.
TELEPHONE NUMBER jl 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.
~ ONFIDENTIAL O
~
City oz
~
Address 7 -76 ..~G•c_~ ~i(~lc~~ztwZ "'A II
HOUSING TYPE TENURE
Single Unit Structure Owner Occupied
Multiple Unit Struct•sre Renter Occupied
Trailer or Mobile Home vacant
RE3IDENTS
Last Name Firs t-Name Sex Age
Respondent
2.
3.
4. 5.
6.
7.
8.
9.
10.
Porcland State Univers'_ty School of Urban and Public Affairs
Center For Pcoul_tion Research and Census 725-3922
i
~
CITY OF TIGARD
OREGON '
February 21,1996
Lena Williams
11770 SW Walnut Street .
'Itigard, OR 97223
Dear NIs. Williams:
We received official notification that the annexation proposal you requested became Pmal. The effective date of
the annexation was January 11, 1996.
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 pubGc 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 Sheriff's Department. Please call the
Police Department for any pubGc safety concerns you may have.
Tigard is proud of its well-run facilities. Street maintenance and sewer line services are provided by the City.
Uni6ed 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 semce 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 6394171 if you have any questions or
concerns.
Once again, I wish you a sincere welc e.
Sincere /
~
es Nicoli '
ayor
enclosure
i:\adm\jolwelcome.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~NOTICE TO TAXING DISTRICT
ORS 308.225 ,
OREGON DEPARTMENT OF REVENUE This is to nofrfy you that your boundary
Carto9raphic Unit change in Washington Counry, for
955 Center 5treet NE AidN[X TO THE CITY OF
Salemv OR 97310 TYGARA. !lITHDRAkI FROM
(503) 945-°8287 WASHINGTUid C0. SERVICE
FAX (503) 945-8737 DISTo N0. 1
TDD (503) 945--8617 F.06 3548
has been:
CITY OF TIGARD ~ Received 1-29-96
FINANCE DIRCCTOR
13125 SW HALL BLVL1
TIGARD C►k 97223 ❑ Approved
Notes: El Disapproved (see notes)
ERROR itd THE DESCRIPTIANs SCE ATTACFII:.D SHEETo
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue file number: DOR 34-1108--96 Mike F1ughes
Boundary: [3 Change ❑ Proposed change ❑ Planned change
The change is for:
❑ Formation of a new district ~ Description
El Annexation of a territory to a district B Map
El Withdrawal of a territory from a district ❑ Dissolution of a district
❑ Transfer
❑ Merge Received from: F. M. B. C.
150-303-039 (Rev. 12•93)
Dlatrbutlon: WhRe - taxfng dlst. Canary - county asaessor Plnk - Dept. of Revenue Goldenrod - counry commisslonere or Counry Court/Boundary Commlssbn (If epproprlate)
' ~ .
~ .
Exhibit B
Proposal No. 3548
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
A tract of land situated in the Southeast one-quarter of the Northwest one-quarter of
Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon, more particularly described as follows:
Beginning at an iron pipe in the southerly right-of-way line of SW Walnut Street, which iron
pipe bears South 0046' West 1056 feet, South 77050' West 603.1 feet and South 0046'
UUost 12.05 fePt from the 1/4 comer in the north line of said Section 3, T2S, R1 W, W.M.
m From said Point of Beginning; thence leaving said southerly right-of-way line of SW
Walnut Street, South 0046' West 523.79 feet to an iron pipe; thence South 77050' West
114 fee • thence North 4045' West 364.92 feet; thence North 870 26' East 118 feet;
thence North 3005' West 169.55 feet to the southerly right-of-way line of said SW Walnut
Street; thence North 78 ° 39' East along said southerly right-of-way line of SW Walnut
Street, 66.46 feet to the Ptace of Beginning. ~ .
INCLUDING that portion of SW Walnut Street adjacent to the above described property
and that portion of SW Walnut Street extending East 167.6 feet, more or less from the
easterly line extended of said property, to the City Limits line of the City of Tigard as per
Boundary Commission Proposal No. 3459.
Modified 1 /1 1 /96
Final Order - Page 9
I
• ~
MEMORANDUM i
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: February 15, 1996
SUBJECT: Final Order on Annexation 3548 ZCA95-0005 (Wiliiams)
We have received the final order on Annexation 3548 ZCA95-0005 (Williams), effective
January 11, 1996. A map of the annexed property is attached. Census information is as
follows:
Final Order 3548: Owner:
Lena Williams 2S1036D-00301, 1 SF dwelling
11770 SW Walnut Street Est. population -1
Tigard, OR 97223
hcdadmyerree\annex\annexmem
ctac01nnAS • •
MULTNOMAH
WASHINGTON
,O. , D METROPOLITAN AREA LOCAL GOVERNMENT :i 1A' 1 1
800 NE OREGON STREET 11 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
Februarv 28. 1996
Attached is a correction on the Final Order for PROPOSAL NO. 3548
gard sent to you previously.
Annexation to City of 7-
The correction is far:
• Corrected Map
~ Corrected Legal Description
. • Other . . . .
ould You Please substitute the enclosed correction on your copy of the
Boundary Commission's Final Order No. 3548 on this proposal.
Thank you.
Lana M. Rulien
Administrative Assistant
LMT/itt
Attachment
STAFF MARIIYNN HELZERMAN
KENNETH S. MARTIN, Executive Ofticer RAY BARTEL, Chair COMMISSIONERS SY KORNBFODT
DENIECE WON, Executive Assistant TOM WHIl"fAKER, Vice-C~air SUE LAMB
KELLY PAIGE, Executive Assistant BOB BOUNEFF
L1NA RULIEN. Administrative Assistant NATHAUE DARCY
~ •
Exhibit B
Proposal No. 3548
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
A tract of land situated in the Southeast one-quarter of the Northwest one-quarter of
' Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon, more particularly described as follows:
' Beginning at an iron pipe in the southerly right-of-way line of SW Walnut Street, which iron
pipe bears South 0146' West 1056 feet, South 77050' West 603.1 feet and South 0046'
West 12.05 feet from the 1/4 corner in the north line of said Section 3, T2S, R 1 W, W.M.
From said Point of Beginning; thence leaving said southerly right-of-way line of SW
Walnut Street, South 0046' West 521.79 feet to an iron pipe; thence South 77050' West
144 feet; thence North 4005' West 364.92 feet; thence North 87026' East 118 feet;
thence North 3005' West 169.55 feet to the southerly right-of-way line of said SW Walnut
Street; thence North 78039' East along said southerly right-of-way line of SW Walnut
Street, 66.46 feet to the Place of Beginning.
INCLUDING that portion of SW Walnut Street adjacent to the above described property
and that portion of SW Walnut Street extending East 167.6 feet, more or less from the
easterly line, extended, of said property, to the City Limits line of the City of Tigard as per
Boundary Commission Proposal No. 3459.
Revised 2/28/96 Modified 1 /1 1 /96
Final Order - Page 9
• •
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
~ 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL N0: 3548 - Annexation of territory to the
City of Tigard
Proceedings on Proposal No. 3548 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consent from the City on November 22, 1995
requesting that certain property be annexed to the City. The resolution and consent 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
January 11, 1996. 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:
"(a) A fragmented approach has developed to public services provided by local
government. Fragmentation results in duplications in services, unequal tax bases and
resistance to cooperation and is a barrier to planning implementation. Such an 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 Iocal 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
,
" sin9le 9overnmental a9 e , rather than several governmental *cies 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:
"(a) Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in order to prevent illogical extensions of local government
, boundaries and to encourage the reorganization of overlapping governmental agencies;
"(b) Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
"(c) Provide an impartial forum for the resolution of local government jurisdictional
questions; .
"(d) Provide that boundary determinations are consistent with acknowledged
local comprehensive plans and are in conformance with state-wide planning goals. In
making boundary determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
~ comprehensive plan provides inadequate policy direction shall the commission consider
the statewide Plannin9 9oals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
"199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) Territory within a city may not be included within or annexed to a district
without the consent of the city council;'
"(b) Territory within a city may not be included within or annexed to another city;
and
Final Order - Page 2
'"(c) Territory withindistrict may not be included within onnexed to anothe'r
district subject to the same principal Act."
~
The Commission also considered its policies adopted under Administrative Procedures Act
(specifically 1 93-05-000to 193-05-01 5),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. 3548 as modified on January 11, 1996.
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: BY`,
ing Chair j
~ .
ATTEST:
Final Order - Page 3
• • I
Exhibit A
Proposal No. 3548
~
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory contains 1.52 acres, 1 single-family dwelling, an estimated population of 1, and
is evaluated at $192,140.
2. The property owner requested annexation to receive Tigard sewer service and to partition the
site. There are no specific development plans at this time.
3. The Boundary Commission has three adopted policies. The first of these policies states that
the Commission generally sees cities as the primary providers of urban services. Recognizing
that growth of cities may cause financial problems for the districts, the Commission states in
the second policy that the Commission will help find solutions to the problems. The third
policy states that the Commission may approve illogical boundaries in the short term if these
lead to logical service arrangements in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
5. 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 responsibili-
ties 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.
6. Washington County reviewed its role in service provision in its Countv 2000 program. In this
document, the County adopted a policy of supporting a service delivery system which
distinguishes between municipal and county-wide services to achieve tax fairness and
expenditure equity in the provision of public services. The County policy states that
municipal services should be provided either by cities or special districts.
7. 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
Final Order - Page 4
• • •
Exhibit A
Proposal No. 3548
coordinate its planning because of the potential impacts on Tigard. This proposal fails within
the "Active Planning Area" as designated in the UPAA.
8. The City of Tigard has an "active" plan in this area. The County's plan and ordinances
remain applicablP unless the City takes other action after the annexation is effective. The
City has designated this area as suitable for Low Density Residential in its Comprehensive
Plan. The City has policies requiring new development to be serviced with sewer and water.
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.
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 pi.ublic 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 accommo-
date the affected propeRy.
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 Depart-
ment 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 propos-
als, is satisfied because:
a. Service providers have indicated that adequate facilities and servic-
es are available and have sufficient capacity to serve the affected
site.
b. Applicable comprehensive plan policies and code provisions have been
reviewed and satisfied.
Final Order - Page 5
• • •
Exhibit A
Proposal No. 3548
\
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.
9. There is an 8-inch sewer line located along the eastern boundary of Tax lot 100 to the east
approximately 600 feet away. With development of subdivision on lot 100, the sewer line
will be approximately 160 feet to the east of the subject property by the summer of 1996.
The territory is within the Unified Sewerage Agency of Washington County as is the City.
The Unified Sewerage Agency has a standard agreement between the Agency and the large
cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and
Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction
and maintenance standards for sanitary and storm water sewer facilities, 2> follow and
accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's
consent before issuing construction permits within wetlands, floodways and floodplains. The
agreement provides that the city owns and is responsible for sanitary sewer lines under 24
inches in diameter within the City limits and for storm water facilities within the City limits as
identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all
industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees
not to extend sanitary sewer service to areas outside the City within the City's Urban
Planning Area (as identified in the City-County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees and
user charges as USA, it simply passes these monies on to USA to pay for the costs of
treatment and transmission of the sewage or storm water. The City may impose higher costs
than USA charges and keep the difference to offset City costs.
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 1995-96 tax year is $.0927 per thousand assessed value, would remain the
same since the City is in the District.
10. The site is served by a 12-inch water line located adjacent to the property in SW Walnut
Street.
Final Order - Page 6
' • • Exhibit A
Proposal No. 3548
I ~
~
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.
11. 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.
12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect
this service because the City is in the District.
13. The site has approximately 65 feet of frontage along SW Walnut Street, which is classified as
a major collector. The City intended to include the portion of SW Walnut Street adjacent to
the site and extending to the east approximately 230 feet to connect to the current City
limits.
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.
14. The territory is within the boundary of the Washington County Vecior 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.
15. 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.
Final Order - Page 7
• • • Exhibit A
Proposal No. 3548
16. Tigard operates a park system funded through its tax base which finances the general fund.
17. 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.
18. The existing natural drainage system on Tax lot 100 to the east will service the subject
property.
The Unified Sewerage Agency levies an annual assessment for storm drainage services of
$36 per dwelling unit of which $24 goes to the City.
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal should be modified to include the right-of-way of SW Walnut St. adjacent to the
site and extending to the east approximately 230 feet to connect to the current City limits.
2. The proposal is consistent with City, County, and Regional planning for the area.
3. The City can provide an adequate quantity and quality of public services to the area.
4. The proposal is consistent with the Boundary Commission Policy On Incorporated Status
(OAR 193-05-005) and the Policy On Long Term/tong Range Governmental Structure (OAR
193-05-015).
Final Order - Page 8
1 • ~ •
Exhibit B
Proposal No. 3548
~
LEGAL DESCRIPTION ~
ANNEXATION TO
City of Tigard
A tract of land situated in the Southeast one-quarter of the Northwest one-quarter of
Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon, more particularly described as follows:
Beginning at an iron pipe in the southerly right-of-way line of SW Walnut Street, which iron
pipe bears South 0046' West 1056 feet, South 77050' West 603.1 feet and South 0046'
West 12.05 feet from the 1/4 corner in the north line of said Section 3, T2S, R1 W, W.M.
From said Point of Beginning; thence leaving said southerfy right-of-way line of SW
Walnut Street, South 0146' West 523.79 feet to an iron pipe; thence South 77 ° 50' West
114 feet; thence North 4005' West 364.92 feet; thence North 87026' East 118 feet;
thence North 3005' West 169.55 feet to the southerly right-of-way line of said SW Walnut
Street; thence North 78039' East along said southerly right-of-way line of SW Walnut
Street, 66.46 feet to the Place of Beginning.
INCLUDING that portion of SW Walnut Street adjacent to the above described property
and that portion of SW Walnut Street extending East 167.6 feet, more or less from the
easterly line extended of said property, to the City Limits line of the City of Tigard 'as per
Boundary Commission Proposal No. 3459.
Modified 1 /1 1 /96
Final Order - Page 9
t
. ' ' •
, ~ •
PRO,POSAL NO, 3548
SE1 /4 NW 1/4 SECTION 3 T2S R1 W W.M. 2S 1 38D
Washington County
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PROPOSAL NOo 3548
CITY OF TIGARD 1
ANNEXATION ~adt lLw
FIGURE 2 1 /a /r~
. •
•
January 11, 1996 Hearing
PROPOSAL NO. 3548 - CITY OF TIGARD - Annexation
Petitioner: City of Tigard; Lena Williams
90th Day: February 20, 1996
~
Proposal No. 3548'as initiated by a resolution of the Tigard City Council and petitions of
a majority of th egistered 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, in the "Walnut
Street island", on the south edge of Walnut St. and east of SW 121 st Ave. The territory
contains 1.52 acres, 1 single family dwelling, an estimated population of 1, and is
evaluated at 8192,140.
REASON FOR ANNEXATION
The property owner requested annexation to receive Tigard sewer service and to partition
the site. There are no specific development plans at this time.
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 is relatively flat with a gentle rise toward the south end. The
central area of the site includes trees. There is one single family house on the southern
portion of the site.
Proposal No. 3548 - Page 1
. ~
•
Regional Planninct. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washington Countv Plannin4. 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 I
to annex in order to receive urban services for development. Although most of the West I
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.
Countv 2000. Washington County reviewed its role in service provision in its Countv
2000 program. In this document, the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
achieve tax fairness and expenditure equity in the provision of public services. The County
policy states that municipal services should be provided either by cities or special districts.
Urban Planning Area Aqreement. The City of Tigard and Washington County have entered
into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and
Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area"
within which the City assumes responsibility for land use planning, and an "Area of
Interest" in which the County agrees to coordinate its planning because of the potential
impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in
the UPAA. The following pertinent provisions are from Section A, "Active Planning Area"
portion of the UPAA:
A. Active Planning Area
1. Definition
Active Plannin4 Area means the incorporated area and certain unincorporated
areas contiguous to the incorporated area for which the CITY conducts compre-
hensive 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. 3548 - Page 2
• •
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.
i
' 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 Compre-
hensive Plan.
6. Approval of the development actions in the Active Planning area shall be contin-
gent 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 Plannina Area Agreement
t..
B. Prior to the commencement of qeriodic review for the Citv of TiQard and the
Countv's Urban Areas (Aoril, 19891, the CITY and the COUNTY shall mutually
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 responsibility to the CITY.
2. The feasibility and cost-effectiveness of the CITY and the COUNTY contract-
ing to provide building inspection and plan review services, administer devel-
opment 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. tf, after completion of the 60
day review period inconsistencies still remain, either party may terminate this
Agreement.
Proposal No. 3548 - Page 3
• •
Citv of Tigard Planning. The City of Tigard has an "active" plan in this area. The County's I
plan and ordinances remain applicable unless the City takes other action after the annex-
ation is effective. The City has designated this area as suitable for Low Density Residential
in its Comprehensive Plan. The City has policies requiring new development to be serviced
with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City
shall require that:
a. Development coincide with the availability of adequate service capacity including:
1. Public water;
2. Public sewer shall be required for new development within the city unless the
property involved is over 300 feet from a sewer line and Washington County
Health Department approval for a private disposal system is obtained; and
3. Storm drainage.
b. The facilities are:
1. Capable of adequately servicing all intervening properties and the proposed
development; and
2. Designed to city standards
c. All new development utilities to be placed underground.
According to the City, the Tigard Comprehensive Plan Polices relevant to this case are
polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2,
Boundary Criteria. The pertinent Tigard Community Development Code sections are
Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification.
For the Boundary Commission's reference, the annexation policies of the City's Plan,
Policies 10.1.1 and 10.1.2 are provided here:
10.1 Prior to the annexation of land to the City of Tigard:
a. The city shall review each of the following services as to adequate capacity, or
such services to be made available, to serve the parcel if developed to the most
intense use allowed, and will not significantly reduce the 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. 3548 - 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.
• w r
I
10.1.2 Approval of proposed annexations of land by the city shall be based on findings ~
with respect to the following: .
a. The annexation eliminates an existing "pocket" or "island" of unincorporated
territory; or
b. The annexation will not create an irregular boundary that makes it difficult for the
police in an emergency situation to determine whether the parcel is within or
outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to the
city boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
10.1.3 Upon annexation of land into the city which carries a Washington County zoning
designation, the City of Tigard shall assign the City of Tigard zoning district
designation which most closely conforms to the county zoning designation.
The City of Tigard has planned to rezone the territory to R-4.5 upon annexation.
The City determined that the proposal is consistent with the relevant portions of the Tigard
Comprehensive Plan based upon the findings below.
1. Plan Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied
because the Central CIT [Citizen Involvement Team] and surrounding property 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
Proposal No. 3548 - Page 5
• •
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 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 develop-
ment standards area map of the comprehensive plan.
FACILITIES AND SERVICES
Sanitarv Sewer Service. There is an 8-inch sewer line located along the eastern boundary
of Tax lot 100 to the east approximately 600 feet away. With development of subdivision
on lot 100, the sewer line will be approximately 160 feet to the east of the subject
property by the summer of 1996.
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. 3548 - 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 I
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.
Water Service. The site is served by a 12-inch water line located adjacent to the property
in SW Walnut Street.
The territory is within the boundary of the Tigard Water District. The City of Tigard, which
used to be served by the District, has withdrawn the territory within the City from the
District and established a Tigard Water Department. The City of Tigard has an intergovern-
mental agreement with the Tigard Water District which provides for services within the
District by the City. Tigard also has an agreement with Durham and King City, which
have also withdrawn from the District, to provide water services within those cities.
' Subsequent to annexation, it is the intent of the City to withdraw the territory from the
District as provided for in ORS 222.
The 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.
Transaortation. The site has approximately 65 feet of frontage along SW Walnut Street,
which is classified as a major collector. The City intended to include the portion of SW
Proposal No. 3548 - Page 7
i
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•
I
Wainut Street adjacent to to the site and extending to the east approximately 230 feet to
connect to the current City limits.
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 51000 assessed value will no longer apply to the
, property.
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 LiQhts. 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 Drainaae. The existing natural drainage system on Tax Lot 100 to the east will
service the subject property.
The Unified Sewerage Agency levies an annual assessment for storm drainage services of
$36 per dwelling unit of which $24 goes to the City.
RECOMMENDATION
Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit
A, the staff recommends that Proposal No. 3548 be modified to include the right-of-way of
SW Walnut St. as shown on Figure 3 and then approved. Proposal No. 3548 - Page 8
I
. 11695 S.W. Walnut
Tigard, Or.,97223
October 31, 19
.
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N 0 U C 3 1995
City of Tigard ~ ~ . . .
city xecorder ~a~ V u -L3
13125 S.W. H~all Blvd.
Tigard, Or., 97223 I
RE: Williams Annexation, File ZCA 95005 I
Dear Council Members: We own and occupy the property located at 11695 S.W.
Walnut St. This property is involved in the subject
annexation. Our deeded property includes land to the
original centerline of Walnut street.
We object to the annexition of any portion of our prop-
erty into the city of Tigard.
incerelYi =7
~
Eugene P. Rogers
Kathern J. Rogess ,
cc: Richard Gaarde
Raymond Cappoen
~ ~ling PoaTLANQ IOErRO aaEA ~
rea wi11iams gOuNnnRY Cf1r4MM1ON
' JAN 41996
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PROPOSAL ■ 35 8
SE1/4 NW1/4 SECTION 3 T2S R1W W.M. 2S 1 36D
Washington County
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PROPOSAL NOa 3548
CITY OF TIGARD
ANNEXATION
FIGURE 2
• ~
~ PROPOSAL ■ 3548
SE1 /4 NW 1/4 SECTION 3 T2S R 1 W W.M. 2S 1 3BD
Washington County
Scale: 1 250' pROPOSED
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PROPOSED MODIFICATION
PROPOSAL N0. 3548
CITY OF TIGARD
ANNEXATION
FIGURE 3
• •
Exhibit A
Proposai No. 3548
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory contains 1.52 acres, 1 single-family dwelling, an estimated population '
of 1, and is evaluated at $192,140.
2. The property owner requested annexation to receive Tigard sewer service and to
partition the site. There are no specific devefopment plans at this time.
i
~ 3. The Boundary Commission has three adopted policies. The first of these policies
states that the Commission generally sees cities as the primary providers of urban
services. Recognizing that growth of cities may cause financial problems for the
districts, the Commission states in the second policy that the Commission will help
find solutions to the problems. The third policy states that the Commission may
approve illogical boundaries in the short term if these lead to logical service arrange-
ments in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of
Metro. •
5. 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.
6. Washington County reviewed its role in service provision in its Countv 2000
program. In this document, the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
achieve tax fairness and expenditure equity in the provision of public services. The
Findings - Page 1 of 6
• . .
Exhibit A
Proposal No. 3548
County policy states that municipal services should be provided either by cities or
special districts.
7. 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. '
8. The City of Tigard has an "active" plan in this area. The County's plan and ordi-
nances remain applicable unless the City takes other action after the annexation is
effective. The City has designated this area as suitable for Low Density Residential
in its Comprehensive Plan. The City has policies requiring new development to be
serviced with sewer and water.
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.
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 ot 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.
Findings - Page 2 of 6
~ •
Exhibit A
Proposal No. 3548
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 annex-
ation 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 sa*.isfied because the property shall be designated
an established area on the development standards area map of the
comprehensive plan. 9. There is an 8-inch sewer line located along the eastern boundary of Tax lot 100 to
the east approximately 600 feet away. With development of subdivision on lot
100, the sewer line will be approximately 160 feet to the east of the subject
property by the summer of 1996.
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
Findings - Page 3 of 6
~
Exhibit A
Proposal No. 3548
City within the City's Urban Planning Area (as identified in the City-County UPAA)
unless the City approves.
The City is responsible for billing the customers after service is installed and for
collecting sanitary and storm sewer connection fees. If the City imposes the same
connection fees and user charges as USA, it simply passes these monies on to USA
to pay for the costs of treatment and transmission of the sewage or storm water.
The City may impose higher costs than USA charges and keep the difference to
offset City costs.
USA's monthly sanitary sewer user charges consist of a base rate of 814.59 per
month olus 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 con-
struct 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.
10. The site is served by a 12-inch water line Iocated adjacent to the property in SW
Walnut Street.
The territory is within the boundary of the Tigard Water District. The City of Tigard,
which used to be served by the District, has withdrawn the territory within the City
from the District and established a Tigard Water Department. The City of Tigard
has an intergovernmental agreement with the Tigard Water District which provides
for services within the District by the City. Tigard also has an agreement with
Durham and King City, which have also withdrawn from the District, to provide
water services within those cities. Subsequent to annexation, it is the 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.
11. 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.
Findings - Page 4 of 6
• 0
Exhibit A
Proposal No. 3548
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.
12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
13. The site has approximately 65 feet of frontage along SW Walnut Street, which is
classified as a major collector. The City intended to include the portion of SW
Walnut Street adjacent to the site and extending to the east approximately 230 feet
to connect to the current City limits.
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.
14. 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.
15. 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.
16. Tigard operates a park system funded through its tax base which finances the
general fund.
17. 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.
Findings - Page 5 of 6
~ ,
Exhibit A
Proposal No. 3548
18. The existing natural drainage system on Tax lot 100 to the east will service the
subject property.
The Unified Sewerage Agency levies an annual assessment for storm drainage
services of 836 per dwelling unit of which $24 goes to the City.
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal should be modified to include the right-of-way of SW Walnut St.
adjacent to the site and extending to the east approximately 230 feet to connect to
the current City limits.
2. The proposal is consistent with City, County, and Regional planning for the area.
3. The City can provide an adequate quantity and quality of public services to the area.
4. The proposal is consistent with the Boundary Commission Policy On Incorporated
Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental '
Structure (OAR 193-05-015).
Findin9s- Pa9e 6 of 6
,
CLACKAMAS
MULZIVOMAH ~ •
WASHINGTON
'1' A 1 METROPOLITAN ' i A GOVERNMENT :1 1A' 1 1
800 NE OREGON STREET # 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
February 8, 1996
Mr. & Mrs. Eugene P. Rogers
11695 S.W. Walnut
Tigard, Oregon 97223
Dear Mr. & Mrs. Rogers,
This is in answer to your letter of February 4, 1996. In that letter you questioned the
legality of the Commission's modification of a Tigard annexation proposal and asked if
you would still be subject to the Washington County Urban Road Maintenance levy.
The Commission has the legal authority to alter the boundaries of a proposed
annexation. This is granted in ORS 199.461 (2).
Your property which is outside the City of Tigard, is within the Washington County
Urban Road Maintenance District and subject to its levy of $ .2886 (1995-96) per
$1000 Assessed Value. The assessed value of your property is based only on that
portion of your property which is outside of a public right-of-way. Therefore the taxes
' you pay to that District are based only on the property which is not within the street
right-of-way. The portion of your property which is subject to the District's levy is
therefore the same after the annexation as it was before the annexation.
I hope this addresses the questions to your satisfaction.
Sincerely,
Kenneth S. Martin
Executive Officer
CC: Boundary Commission
Ray Valone, City of Tigard
STAFF COMMISSIONERS
KENNETH S. MARTIN, Executive OHicer RAY BARTEL, Chair MARILYNN HEIZERMAN
DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT
KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB
LANA RULIEN, Administrative Assistant NATHALIE DAFiCY
CLP..CKAMAS
MULTNOMAH ~
1';ASHINGTON
'1' j 1 METROPOLITAN A' A 1A GOVERNMENT :1 1A' 1 1
800 NE OREGON STREET # 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
kecember 18, 1995
Ray Valone
City of Tigard
13125 SW Hall BLVD
Tigard OR 97223
Ref.• 3548
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
December 28, 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
I Enclosures
STAFF COMMISSIONERS
KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN HELZERMAN
DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBAODT
KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB
LANA f1ULIEN, Administrative Assistant NATHALIE DARCY
I .
PROPOSAL ■ 3548
SE1 /4 NW 1/4 SECTION 3 T2S R1 W W.M. 2S 1 36D
Washington County
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PROPOSAL N0, 3548
CITY OF TIGARD
ANNEXATION
FIGURE 2
CIACKAMAS
MULTNG3MAH
WASHINGTON ~ •
'b
' ' b '1'I ' ' t A GOVEgNMtNt :i 1A' 1 1
000 NE OREGON STfiEET N 16 (SUITE 540) PORTIAND, OREGON 97232 PIiONE: 731-4093
PUBLIIC
NOTICE
,
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, JANUARY 11, 1996, 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 N0. 3548 - ANNEXATION TO THE CITY OF TIGARD of territory located in the
central part of the city, in the "Walnut Street Island", on the S edge of Walnut St and E of
SW 121 st Ave.; more particularly: TL 301 SE 1/4 NW 1/4 Sec. 3, W.M., Wash. Co. Or.
GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING
731-4093.
December 18, 1995 RAY BARTEL, CHAIRMAN
STAFF COMMISSIONERS
KENNETH S. MARTIN, Execulive Ollfcer RAY BARTEL, Chalr MARIIYNN hIELZERMAN DENIECE WON, ExecuUve Assfslant TOM WHITTAKER, Vice•Chair SY KORNORODT KELLY PAIGE, Execullve Asslslant BOB BOUNEFF SUE LI1MB
LANA RULIEN, Adminlstralive Asslstant NATHALIE DARCY
. OCITY OF TIGARD, OREGON •
RESOLUTION N0. 95- &OZ
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0005).
WHEREAS, the Tigard City Council held a hearing on November 14, 1995, to
consider the annexation of one parcel consisting of 1.52 acres located
along the south side of SW Walnut Street between SW 116th and SW 121st
avenues; 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:
0
Section l: 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 Commiss' n at once.
PASSED: This day , 1995.
M - City of gard
ATT ST:
1
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citypxs er - City of Tig d Original on file
f/ Y/~t
Date
RESOLUT I ON NO. 9 5-(D a gy;
City Recordsr - City of Ti rd
Page 1
Date: l ( 1 /Cs
. • •
STAFF REPORT EXHIBIT A
November 14, 1995
TIGAR.D CITY COUNCIL
TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0005
REQUEST: To annex one parcel of 1.52 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: Lena Williams
11770 SW Walnut Street
Tigard, OR 97223
OWNERS: Same
LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st avenues - WCTM 2S1 3BD, lot
301 (see vicinity exhibit map).
2. Vicinity Information
Properties to the north, west and south are in Washington
County and zoned R-5. These parcels have single family
residences on them. The parcel immediately to the east is in
the county and zoned R-5; beyond this parcel is a recently
annexed 10-acre parcel.
3. Background Information
The applicant approached the city with a request to annex the
property. No previous applications have been reviewed by the
city relating to this property.
4. Site Information and Proposal Description
The site is relatively flat with a gentle rise toward the
southern end. The central area of the site includes a tree
canopy. There is one single family house on the southern
portion of the site. The site has approximately 65 feet of
frontage along Sw Walnut Street, which is functionally
classified as a major collector.
1
. . • •
The applicant has 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 (100s) of the area proposed to be annexed,
the applicant has initiated this action through her written
consent. The applicant intends to obtain sewer service after
annexation to the city. The portion of SW Walnut Street
adjacent to the subject site and extending to the east for
approximately 230 feet has been added to the proposal.
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,
' Tualatin Valley Fire and Rescue District, PGE and General
Telephone have reviewed the proposal and have no objections.
No other comments were received at the time of this report.
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,
Tualatin Valley Fire and Rescue District have reviewed
the proposal and indicate that adeguate 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
2
. . • •
area and is contiguous to the city boundary; and adequate
services are available to accommodate the property.
4. Policy 10.1.~, 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. RECONIIMENDATION
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0005.
3
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~ CITY OF TIGARD, OREGON CA
~ U
ORDINANCE N0. 95- a7
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0005).
WHEREAS, the Tigard City Council held a public hearing on November 14,
1995, to consider a zoning designation for one parcel of land located
along the south side of Sw Walnut Street between SW 116th and SW 121st
avenues; and
WHEREAS, on November 14, 1995, the Tigard City Council approved a
resolution forwarding the proposed annexation to the Portland
Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by the planning
staff as set forth in the attached staff report and in Section 1 below
is that which most closely approximates the Washington County land use
designation while implementing the city's existing Comprehensive Plan
designation of Low Density Residential.
~ THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be
designated as follows:
Tax Map, Lot Number Current Zoninct New Zoninct
2S1 3BD, lot 301 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 GGn~~?.1 n'1.6Z.LQ~ vote of all Council member$ present
afte being read by number and title only, this day
of , 19
.
e4Zther:ine Wheatley, City corder
APPROVED: By Tigard City Council s/ ay
1995.
~
J es Nicoli, M or
Approved as to form:
City Attorne
Date
ORDINANCE No. 95
Page 1
,
: . ~
`
2 ct~ t 5" ~ 0&
Name Final Order Number
ANNEXATION FOLLOW-UP PROCEDURE
1. Receive Final Order from Boundary Commission. Date-2~4_
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
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 of annexation (see list attached). Letters must
be sent by certified mall to:
General Telephone Co.; Pacitic NW Bell Telephone; NW Natural Gas;
Unitied Sewerage Agency; MACC; Portland General Electric;
Tualatin Valley Water District; Pride Disposal; Miiler's Sanitary
Service, Inc.; Schmidt's Sanitary Service.
Only send letter to OLCC if a liquor license outlet is involved. Date Z'~~ -1~
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 r~
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 v
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:\login\jo\an nexpro.l
Revlsed 03/95
• • ~ •
AGENDA ITEM # ~
For Agenda of November 14. 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone Chancre Annexation ZCA 95-0005
PREPARED BY: Ray Valone DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary Commission a reguest to initiate annexation of one parcel
consisting of 1.52 acres located along the south side of SW Walnut Street
between SW 116th and SW 121st avenues?
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 1.52 acres of land. The applicant requests annexation in
order to be eligible for sanitary sewer service. Because the territory is
located within Tigard's active planning area and has already been assigned a
comprehensive plan designation of Low Density Residential, the City Council
only need assign a Tigard zone designation to the property. Attached is a
resolution initiating annexation and an ordinance to change the zone
designation from Washington County R-5 to Tigard R-4.5.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
FISCAL NOTES
Since the territory is within Tigard's active planning area, the city is
. responsible for the Boundary Commission application fee of $395.
_ OCITY OF TIGARD, OREGON •
RESOLUTION N0. 95-
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0005).
WHEREAS, the Tigard City Council held a hearing on November 14, 1995, to
consider the annexation of one parcel consisting of 1.52 acres located
' along the south side of SW Walnut Street between SW 116th and SW 121st
avenues; 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 Washin9ton
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 l: 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
November 14, 1995
TIGARD CITY COUNCIL
TIGARD TOWN HALL 13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0005
REQUEST: To annex one parcel of 1.52 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: Lena Williams
11770 SW Walnut Street
Tigard, OR 97223
OWNERS: Same
LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st avenues - WCTM 2S1 3BD, lot
301 (see vicinity exhibit map).
2. Vicinity Information
Properties to the north, west and south are in Washington
County and zoned R-5. These parcels have single family
residences on them. The parcel immediately to the east is in
the county and zoned R-5; beyond this parcel is a recently
annexed 10-acre parcel.
3. Backctround Information
The applicant approached the city with a request to annex the
property. No previous applications have been reviewed by'the
city relating to this property.
4. Site Information and Prouosal Description -
The site is relatively flat with a gentle rise toward the
southern end. The central area of the site includes a tree
canopy. There is one single family house on the:southern
portion of the site. The site has approximately 65 feet of
frontage along SW Walnut Street, which is functionally classified as a major collector.
-
1 - '
. • •
The applicant has 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 (100%) of the area proposed to be annexed,
the applicant has initiated this action through her written
consent. The applicant intends to obtain sewer service after
annexation to the city. The portion of SW Walnut Street
adjacent to the subject site and extending to the east for
approximately 230 feet has been added to the proposal.
The proposal includes the request to initiate annexation to
the city and to change the zone only on the property. Because
the property is in the city's Active Planning Area, it has
already been assigned a Tigard Comprehensive Plan designation,
which is Low Density Residential.
5. AQency Comments
The Engineering Division, Tigard Police and Water departments,
Tualatin Valley Fire and Rescue District, PGE and General
Telephone have reviewed the proposal and have no objections.
No other comments were received at the time of this report.
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, Tualatin Valley Fire and Rescue District 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 •,2
. • •
area and is contiguous to the city boundary; and adequate
services are available to accommodate the property.
4. Policy 10.1.,3zoning 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. RECONIlMENDATION
.
Based on tHe findings noted above, the planning staff
recommends approval of ZCA 95-0005.
-
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. •CITY OF TIGARD, OREGON •
ORDINANCE N0. 95-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0005).
WHEREAS, the Tigard City Council held a public hearing on November 14,
1995, to consider a zoning designation for one parcel of land located
along the south side of SW Walnut Street between SW 116th and SW 121st
avenues; and WHEREAS, on November 14, 1995, the Tigard City Council approved a
resolution forwarding the proposed annexation to the Portland
Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by the planning
staff as set forth in the attached staff report and in Section 1 below
is that which most closely approximates the Washington County land use
designation while implementing the city's existing Comprehensive Plan
designation of Low Density Residential.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be
designated as follows:
Tax Map, Lot Number Current Zonina New ZoninQ
2S1 3BD, lot 301 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
r i~ r~ ~ ~ nC~~. Lfe►,~ ~f
- i r
. ~ - s f m J,)m 14
~V
11695 S.W. Walnut
Tigard, Or.,97223 .
October.31 , 19 r n~,7 ,_a'
N 0 V C 3 1995
City of Tigard City Recorder _u ~
13125 S.W. Hall Blvd.
Tigard, Or., 97223
RE: Williams Annexation, File ZCA 95005 ~
Dear CounCil Members: I
We own and occupy the property located at 11695 S.W.
Walnut St. This property is involved in the subject
annexation. pur deeded property includes land to the
original centerline of Walnut street.
We obj ect to the annexation of any portion of our prop-
erty into the city of Tigard.
Sincerely, -7
2
-77~-'
1
Etiigene P. Rogers
Kathern J. Rogers
cc: Richard Gaarde
Raymond Cappoeil
Harry Urling
.Lena Williams
.
:.r.
- FAX TRANSMITTAL -
IWE UNDER CITY OF TIGARD LO*
LEGAL NOTICE SECTION OF TIGARD TIMES
DATE: October 27, 1995
TO: Sue Curran, Legals (fax) 620-3433
FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171
T e o owing wi e consi ere y t e Tigar City Counci on Tues av, ovem er 14, 1995 at 7:30 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
ZCA 95-0005 Williams Annexation
A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington County R-5
to City of Tigard R-4.5. LOCATION: The south side of SW Walnut Street between SW 116th and SW 121 st
Avenues. 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.
:
N? :;:1.::::::::::`.a
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'IPPITTP
CARMEN ST
1.2
I I I I I
TT PUBLISH November 2, 1995
1 ~
;
; CITY-OF TIGARD
OREGON
± November 17, 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 95-0005) and to request space on the
~ Boundary Commission's agenda of January 11, 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 S1N Hall Blvd., Tlgard, OR 97223 (503) 639-4171 TDD (503) 684-2772
J
03G N ~ . ~
CITY OF TIGARD Tigard Branch 24-22 123o 6 3 4 3 7
13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK I
Tigard, OR 97223 Ot Oregon
(503) 639-4171 Tigard, oreqon VOID AF l f=1l 1£30 DAY,-,
~
7****395.00
9//95
PAY
'~~~~~~Of 3 9 5dol's00cts
TO THE ORDER OF ppRTLAND METROPOLITAN BOUNDARY COMMISSION
Y OF T ARD
800 NE OREOON ST #16 Suite 540
PORTLAND OR 97232
Autt . nrl ±itltu~
Authowrrl Signntuie ~
` PAIAL GBC F0R1tiI #1 S ~
PETITION FOR A1VNEY1ITION TO THE CITY OF OREGON
I
T0: The Council of the Ciry of Oregon
' We, the undersigned propeny 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 a roved b the ci we further re uest that thi
PP Y tY, q s Perition be
forwarde to the Portland Metropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The properry to be annesed is described as follows:
(Insert Lega! Description here OR attacli it as Fxliibit "A
'
17
Revised 11/93
PETITION SIGNEHS
NOTE: This putitiun muy bn sipntld by ryuuli(iud paruons avnn thouUh thay may not know thnir proparty dnscription or pracinct numbar.
SIGNATURE PRINTED NAME 1 AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT C DATE
PU RV OV LOT N 114 SEC. T R
GE 303
oti ~~z~.3
' PO = Pruporty Ownar
HV = Ru(jistured Votor
OV = Ownnr Voter
I
PMALGBC FORItiI #4
CERTIFICATIDN OF LEG.4L DLG'SCRIPTION A1VD MAP
, I hereby certify that the description of the properry included within the attached petirion (located on
Assessor's Map .2 _q aD )
has been checked by me and it is a true and exact description of the property under considerarion,
and the description corresponds to the attached map indicating the property under consideration.
NAME
TITLE
A
DEPARTMENT
COUNTY OF
DATE
19
Revised 11/93
~ • •
.
. ~1 , i C~;
nt: gllS:
~arcel 2 - ' • --TT T T., , yraC~ ~
j 1. • ~ _~i:ir..~~
A i.I'aCt v= land S'.Luated ?!1 t11° sOt; 'wr1BcSt-I ~~=T 0= th@ _^:0-'i.:i':.*e5t 1/4
Of J2Ctl0:? Z'.2 5• 3 R.•1 W. Or 'i.hC 11iam°tt @ !Jeridi3T1~ 5f:=..,~0?Z
County, Gre~on, beir_g more particularly described as folio~~rs, ~o-w_~:
Bebinr.in- at cn iron p~pe _n tre soutnerl;r rig,r.t of way line of
S.':''. :'.T?l .^,Ut Street, VFr1Ch iror_ pi-p@ l12cY'S SOlltil C°1;r'Jf T,7°St 1G55.00 :ee-
-,i 60 .10 feet and So~at.~ .C°.~.b t°,~~e s~; 12.05. feet~~ iro:~ tr.3
Sout:~ 77°50' e s~
3
1/4 corr.er in the north line of said Section 3, T.2 6.,R.1 of tha-
i:°r1:.laT'i. i T'O:II S31C1 p'_ace of-beoinr,l:! j-; tti12'_'?.^.2 l°,~L'1_^.g S? iC~
sout'::erl; rioht of way line of 3.:1. "galnut Str2et, 3outh C°46' :dest
521.79 f°Gt t.0 3T'i l:'OTl F'i1'a° ; ti'1eT1C° .SO;IVh' 77'S0f 'Ld°St 144.00 f@Pu j th°.^_C@
.
wTo.v~~n j~ 4G03 1• ~ 364.92) 1eet ;
VnvnCe lio~th 87*26 / t ~aa.rlv fp _ ev; tr~e!1cC
,.~s~ 1so.Ov
,
No"th 3°O5 :Iest 169.55 _eet to t?:e southerly richt of', wa;T lirie of said
S. '.lalnut St-Ireet; thence i,:orth 7803y7 East a.o::g sai3 sot;t:~erly
' of way linp of S. .:+ral::ut 3tree t, 06.46 feet to the .0' uce of oegir.ni::c,_:.
i. PARI:, rj:.
Rty:_.tcr~ ':r,:. I1:nd I~•irar
IS~.: C. . . i: v'. • _ .
FDRM 46808 0
PORTLAAIU FiETROPOLITAN AREA LO
GOUEF'i?iEh'T BOiJNDARY CdMMISSI
(SUITE 540)
800 N.E. OREGON # 16
POFiT1.PJvD, OR 97232
_ (731-4U93) ~
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PMALGBC FORM #16
CER TIFICA TION OF PROPERTY OWNERSHIP
• (Double Majority Method) ,
I hereby certify that the attached petition for annexation of the temtory described therein to the City of ~contains the names of the ownen* of a majority of the land azea of the
territory to be annexed, as shown on the last available complete assessment roll.
NAIv~ &,,UIL-
TTTLE &2Li 2-
DIEPAxTNErrr T ~
C OUNTY OF
DATE ~
QJI l 1~L1 I Q Q~
* "Owner" means the owner of the ritle to real property or the contract purchaser of real
property.
PMALGBC FORM #I 7
CERTIFICATION OF REGISTERED VOTERS
I hereby cerrify that the attached petition for annexation of territory described herein to the City of
contains the names of at least a majority of the
electors registered in the territory to be annexed.
~
NAME YlWlttl(-~
' TTTLE
DEPARTMENT n,
COUNTY OF
DATE
18
Revised 11/93
• •
PMAL GB C FORM #19
(This form is NOT the petition)
ALL OWNERS OF PROPERTY AND/QR REGISTERED VOTERS INCL UDED IIV BO UNDARY
CHANGE PROPOSAL AREA
(To be completed IF the proposal contains 10 or fewer land owners/registered voters.
Please indicate the name and address of all owners/voters regardless of whether they
signed an annexarion perition or not) This is for norificarion purposes.
NAME OF OWNERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
(1) *i4/ 11`770 S CUr 2.S i 3 f:~I~ L,; 7 361
~'.L q LZ 3
P)
(4)
(5)
(6)
(7)
30
Revised 11/93
~ , •
PMAL GBC FORM 0
i
DO UBLE MAJORITY WORK SHEET
Piease list all propercies/registered voters included in the proposal. (If needed, use separate sheet for
additional listings). _
PROPERTIES
Property Assessed Signed Perition
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
2 S i 3 g.D
TO?r1LS 4 J ~
)2
Revised 11/93
0 •
P1tiIALGBC FOR11l #20 (continued)
REGISTERED VOTERS
ADDRESS OF REGISTERED NAME OF REGISTERED SIGNED PETITION
Voter Voter Yes No
K
0, c'i 7 Lv 3
TO?ALS
SUA&L1RY
TOTAL ~ttJIvMER REGISTERED VOTERS IN THE PROPOSAI. ~
NiJMBER OF REGISTERED VO?ERS WHO SIGiNED ~
PERCENTAGE OF REGISTERED VOTERS WHO SIGiNED ~J D
TOTAL ACREAGE IN PROPOSAL S')
ACREAGE SIGNED FOR ! - ~ 1- . m ~S S
PERCEs~i'I'AGE OF ACREAGE SIGNED FOR
23
Revised 11/93
~ •
PMALGBC FORM #6
BOUNDARY CHANGE DATA SHEET
1. EXISTING CONDITIONS IN AREA TD BE ANNEXED OR WITHDRAWN
A. Land Area: Acres 1 .5 Z or Square Miles
B. General description of territory. (Include topographic features such as slopes,
vegetation, drainage basiris, floodplain areas, which are pertinent to this proposa]).
. ,
I(: S. Z_ L n Ve L;' ri...a ~ :..:".T-: n G.:..~-'t.:: ,C:S
~ sc.,-;ZWt.e._~ --~t s ::1
1 iu C X. u J L-~, A~
C. Describe land uses on surrounding parcels. Use tax lots as reference points.
North: 5~~~~.: '~~µ•L`-f 2.~.s.~;N.:~L ,~.~25 i 3:4A L~,i-S
S cx~ , t c~~ _~c>c, n... ~ Z 5 1 3 B0, 3
E1St: S:~'6~c _f•n-~-ccl. RCS:t~~.~;.~~~ 2.$ 1' 3C36 Le,i S 2oc., £<<`v~
• SOllth: S`-'C' Lt kcS, .7~..i~i~lL ~2- S 1 3 3'5 Z...'j%, 18 UV 2iG' t..
~ e Zlvv , ,
~
W e..St. 25 ~ 3 '.J-:J LO / S4 L, V
1 ?ti~: rI 3 ~ ~
D. Existing Land Use:
Number of single-family units ~ Number of muiri-family units 0
Number commercial structures 6 Number industrial structures b
Public facilities or other uses O
What is the current use the land prooosed to be annexed: jf,--~~
E. Total current year Assessed Valuation $ 1412,14 u
F. Total exisring population ~
11
Revised 11 /93
• •
IL REASON FOR BO UNDARY CHANGE
A. ORS 199.462 of the Boundary Commission Act states: "In order to carry out the
purposes described in ORS 199.410 when reviewing a boundary change..., a boundary
. commission shall. consider local comprehensive planning for the area, economic,
demographic, sociological_projections pertinent to the proposal, past and prospecrive
physical developments of land that would directly or indirectly be affected by the
proposed boundary change..." Considering these points, please provide the reasons the
proposed boundary change should be made. Please be very specific. Use additional
pages if necessary. (This informarion is often quoted in the Staff Report, so be
thorough and complete.)
►1~. ,A 1PP L., c.. tiT i 5 R-c-(~ Ix C. 5- t ~ A J cc -A -k-N~ C RD I& P
•~Zj ~ C-~` ~ uF 5`_~.,~ ~L S L P- ~ 1C~ h ti~ F/Z C'.1
71: rz.e:
B. If the property to be served is entirely or substantially undeveloped, what are the plans
for future development? Be specific. Describe type (residential, industrial, commercial,
etc.), density, etc.
5 C.,.,E s:~~...cc~ .
.
III. LAND USE AND PLANNING
A. Is the subject territory to be developed at this time? C:
B. Generally describe the anticipated development (building types, facilities, number of
units).
(6~A
C. Is the subject territory inside or outside of the Metro Regional Urban Growth
Boundary? tjs~ ~
12
Revised 11 /93
. OR
D. What is the applicable County Planning Designation?
or City Planning Designation 4•~ ~^J^'~•~~-~~
Does the proposed development comply with applicable regional, county or city
comprehensive plans? Please describe.
E. What is the zoning on the tenitory to be served?
~ur"? e .JrL. -f 4.►:.►5i-t Cc, _
F. Can the proposed development be accomplished under current county zoning?
❑ Yes o No
If No,---has a zone change been sought from the county either formally or informally.
o Yes ❑ No
Please describe outcome of zone change request if answer to previous questions was
Yes.
G. Is the proposed development compatible with the city's comprehensive land use plan for
the area?
o Yes o No ❑ City has no Plan for the area.
Has the ProPosed develoPment been discussed either formally or informally with anY of
the following? (Please indicate)
❑ City Planning Commission o City Planning Staff
❑ City Council ❑ City Manager
Please describe the reaction to the proposed development from the persons or agencies
indicated above.
13
Revised 11/93
, . ~
H. Please indicate all Permits and/or approvals from a City, ~ounty, or Regional
Government which will be needed for the proposed development. If already granted,
please indicate date of approval and identifying number:
APPROVAL PROJECT DATE OF FUTURE
FILE # APPROVAL REQUIREMENT
Metro UGB Amendment
City or County Plan AFnendment
Pre-Application Hearing (City or County)
Preliminary Subdivision Approval
Final Plat Approval
Land Partition
Conditional Use
Variance
Sub-Surface Sewage Disposal
Building Permit
Please submit copies of proceedings relating to any of the above permits or approvals
which are pertinent to the annexation.
1. If a city and/or county-sanctioned citizens' group exists in the area of the annexation,
please list its name and address of a contact person.
G~•.~~, r~~ c:.~'~
IV. SERVICES AND UTILITIES
A. Please indicate the following: .
1. Location and size of nearest water line which can serve the subject area.
i 12-u
1,,: n;.. N u-l t-
14
Revised 11/93
• •
2. Location and size of nearest sewer line which can serve the subject azea.
G c"~ 5"Z 3 ~-y CiT 2 S i 3 9,6
~
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r7. Y~ ~ N u~ Lz. i i iv:: ~ S ~-L...: 2 i•~ ~ti ~ k .S C A 1'p -iC . 1(~ G~ 'Z: E-AS`
v F S U.3 ~ l-. ~•-i ' I.P.J D: .e ~ 3`j D P, 0 l:• .
3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area
' S ~ •4it'l ~ 4:~~ !t G L'- 7~-r'(~ 1 ~-c S ;1 ~ C; L .6,24 i ...vA i, e: s -I S : -,1
2 S) 3 130 ;b i~ -A s- W; LL
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4. The time at which services can be reasonably provided by the city or district.
r KP 6•J nr'P c..:,.:n c c.r 5<
5. The estimated cost of extending such facilities and/or services and what is to be
the method of financing. (Attach any supporting documents.)
--pA, b a ~J e.j ,arpL~~-c-
6. Availability of the desired service from any other unit of local government.
(Please indicate the government.)
E% I A
15
Revised 11/93
. i ~ .
B. If the temtoT5' described in the ProPosal is PresentlY included within the boundaries of
any of the following types of governmental units, please so indicate by stating the name
or names of the governmental units involved.
' T'.j " a. 4 -I,.v '✓A L`l: A, /'t-~
City Rural Fire Dist Ji-CS c i5
• CN 1,
County Service Dist. u2.sAta kc-AbS .wo.-•:,j^,ctSanitary District
Hwy. Lighring Dist. Water District
Ti LKtiD -'r uA t.4::.J
. Grade School Dist. Se- t4nc.L o.s-~ << (srsa) Drainage District
High School Dist. I T5-b Diking District
Library Dist. Park & Rec. Dist.
Special Road Dist. Other Dist. Supplying Water Service
C. If any of the above units are presently servicing the territory (for instance, are residents
in the territory hooked up to a public sewer or water system), please so describe.
Si-fG.C;11~-S
i
1 uA "111 -1) VA LL E y F-i 2i% £,Q GSG :d t; .AN 4 71 G-A ?6 li-+.n T6 r`
5~ r-'c i..T S .S cP-~ 'T -ER. 2~7o,e 1-'
APPLICANT'S NAME C~-T`; o'Z' Tl 'ez
MAILING ADDRESS 13 i Z S S:.~= Ll SL~ ,
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C v..~ ;A c-r: fZ.Aq
TELEPHONE NUMBER 35 - A- i-7) (Work)
I
.
(Res.)
REPRESENTING
DATE: JJ oJk~ .K.S~2. I 7 ► i`i ~
16
Revised 11/93
i ~
11695 S.W. Walnut
Tigard, Or.,97223
October 31, 19
N
0 V C 3 1995
City of Tigard ~ ~ :
City Recorder U L~
13125 S.W. Hall Blvd.
Tigard, Or., 97223
RE: Williams Annexation, File ZCA 95005
Dear Council Members:
We own and occupy the property located at 11695 S.W.
Walnut St. This property is involved in the subject
annexation. Our deeded property includes land to the
original centerline of Walnut street.
We obj ect to the anne-xation of any portion of our prop-
erty into the city of Tigard.
Sincerely, ~
,/'~~.K.' ~f~ L•? Z/~ , r. G/` l,.ey
Etiigene P. Rogers ~
'I Kathern J. Rogers
I
cc: Richard Gaarde
I
Raymond Cappoen
Harry Urling
' Lena Williams
`
~
~
i
i
10/27/95 09:56 $509 526 2538 TV FIRE MARSHAL 11001/002
" • •
REQUEST FOR COMMENTS ~
I CITY OF TIGI►RD
OREGON
S TO: Gene_BirchelL NFR DATE: October 10, 1995
FROM: Tigard Planning Division STAFF CONTAGT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 6847297
RE: ZCA 95-0005 Williams Annexation A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R-4,5, LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st Avenues, APPLICABIE REVIEW CRITERIA: The relevant review criteria in
this case are Comprehensive Plan policies 2.1.1, citiren 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.
Attached is the vicinity map for your review. From infonnation supplied by various departments and agencies and
from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. ff you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: October 20, 1995. You may use the 5pace provided below or attach a separate letter to
retum your comments. [f vou are unable to respond by the above date, please phone the staff tontact noted above
with your comments and confirm your comments ih writing as soon as possible. If you have any questions, contact
the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it. ,
Please contad of our office.
Please refer to the enclosed letter. _ Written comments provided below:
I
(Please provide the followfng information)
Name of Person Commenting:
Phone Number: ' !~:2.
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REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Mike Miller, Water Dept. DATE: October 10, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0005 Williams Annexation
A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R4.5. LOCATION: The south side of SW Walnut Street between SW
116th and SW 121 st Avenues. 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; 1.0.1.2, 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.
Attached is the vicinity map for your review. From information supplied by various departments and agencies and
from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: October 20. 1995. You may use the space provided below or attach a separate letter to
return your comments. If you are unable to respond by the above date, please phone the staff contact noted above
with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact
the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
V We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the following information)
' Name of Person Commenting: mIILe N~~--
Phone Number:
r
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0 •
RE UEST FOR COMMENTS ~
CITY OF TIGARD
~ OREGON
#
TO: lim Wieskamp, GTE DATE: October 10. 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0005 Williams Annexation
A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R4.5. LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st Avenues. 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.
Attached is the vicinity map for your review. From information supplied by various departments and agencies and
from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: October 20, 1995. You may use the space provided below or attach a separate letter to
return your comments. If you are unable to respond by the above date, please phone the staff contact noted above
with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact
the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~C We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the following information)
Name of Person Commenting:
Phone Number:
68V
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• •
REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Brian Moore, PGE DATE: October 10, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0005 Williams Annexation
A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R-4.5. LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st Avenues. APPLICABLE REVIEW CRITERIA: The relevant review criteria in
this case are Comprehersive Plan Nolicies 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.
Attached is the viciniry map for your review. From information supplied by various departments and agencies and
from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: October 20, 1995. You may use the space provided below or attach a separate letter to
return your comments. If you are unable to respond by the above date, please phone the staff contact noted above
with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact
the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~ We have reviewed the proposal and have no objections to it.
Please contact of our office.
-
Please refer to the enclosed letter.
Written comments provided below:
(Please provide the following information)
Name of Person Commenting: P0UQ'-:;- (o-ll -qv;
Phone Number: -~'-iD -l~Sl
• ~
REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Michael Anderson, Engineering_ DATE: October 10. 1995
FROM: Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0005 Williams Annexation
A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R4.5. LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st Avenues. 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.
Attached is the vicinity map for your review. From information supplied by various departments and agencies and
from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: October 20, 1995. You may use the space provided below or attach a separate letter to ,
return your comments. If you are unable to respond by the above date, please phone the staff contact noted above
with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact
the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~ We have reviewed the proposal and have no_ objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
' (Please provide the following information)
Name of PersorrCommenting: Z? ?,AZ?4 DD (
Phone Number:
Gbv`~~~'
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REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Kelley lennings, PD DATE: October 10, 1995
a
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0005 Williams Annexation
A request to annex one parcel of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R4.5. LOCATION: The south side of SW Walnut Street between SW
116th and SW 121st Avenues. 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.
Attached is the vicinity map for your review. From information supplied by various departments and agencies and
from other information available to our staff, a report and recommendation will be prepared and a decision will be
rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: October 20, 1995. You may use the space provided below or attach a separate letter to
return your comments. If you are unable to respond by the above date, please phone the staff contact noted above
with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact
the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
p We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(Please provide the following information) ~
Name of Person Commenting:-
Phone Number: / ~
~ iN3VU~Wd3C] 9NINNV-ld CRIVOli JO AilO
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- PROPOSAL DESCRIPTIOQN
~
CITY OF TIGARD
• OREGON
F I LE N O: ZCA 95-0005
FILE TITLE: Williams Annexation
APPLICANT: Lena Williams OWNER: Same
11770 SW Walnut Street
Tigard, OR 97223
REQUEST: To annex one parce) of 1.52 acres into the city and change the zoning from Washington
County R-5 to City of Tigard R4.5.
LOCATION: The south side of SW Walnut Street between SW 116th and SW 121 st Avenues.
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, boundarycriteria; 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.
CIT: Central CIT FACILITATOR: List Available Upon Request
PHONE NUMBER: (503)
DECISION MAKING BODY
STAFF DECISION
PLANNING COMMISSION DATE OF HEARING: TIME: 7:30
HEARINGS OFFICER DATE OF HEARING: TIME: 7:00
X CITY COUNCIL DATE OF HEARING: 11/14/95 TIME: 7:30
RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP X LANDSCAPING PLAN NARRATIVE
ARCHITECTURAL PLAN SITE PLAN OTHER
STAFF CONTACT: Ray Valone (503) 639-4171 x336
, • ~
~
CITY OF TlGARO, OREGON
COMPREHENS7VE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION
, CITY OF TIGARD, 13125 SW Hall, PO Boa 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY
CASE N0. ZC-I\ 5 5' OvU $OTHER CASE NO'S: N O
RECEIPT N0.
APPLICATION ACCEPTED BY: `QV
DATE: 111 21-0~ 5
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION 11°770 S~-' L,~Aoil-T- SC k/"-(A) Application form (1)
~B) Owner's signature/writtea
TAX MAP AND TAX LOT N0. ~ 3 r3 Lo° 36 1 authorization
t1),A (C) Applicant's statement
SITE SIZE 57- /A uzc-S (pre-app check list)
PROPERTY OWNER/DEED HOLDER* LecJA la~ i LL~ a~ S Le-\ (D) Filing fee (t_ )
ADDRESS ) I-7 7 o $•-J U1nLjc.,e1" S-- pHONE 575\--N - 36l0 Additional information for Compre-
CITY ''n C.n.~ ZIP -9 'a 20, sive Plan Map Amendments/Zone Changes
aPPLICANT* SA.wc` A5 A3o..i C2,ZA-(,~664 w,~C (E) Maps indicating property
c1DDRESS PHONE location (pre-app check list)
CITY ZIP (F) List of property owners and
*Idhen the owner and the apolicaat are different addresses within 250 feet (1)
people, the applicant must be the purchaser of record ~(G) Assessor's Map (1)
or a leasee in possession with written authorization (H) Title transfer iastrument (1)
from the owner or an agent of the owner with writtea
authorization. The owner(s) must sign this
application in the space provided on page two or
submit a written authorization with this application. DATE DETER!%IINED TO BE COMPLETE:
_j 9 t 5'
2. PROPOSAI, SUMMARY -dAtJ~~ /~~W&`JA'r'I~,J t
The owners of record of,,~he subject property FINAL DECISION DEADLINE:
request a . (if COMP. PLAN/ZONE DESIGNATION:
applicaSle) from R- S ' to
and a Zone Change from to
OR . 1-~ N.P.O. Number:
~The appiicant requests an am nm~t to the Planniag Commission Approval Date:
following sections orehensive Plan
or Community City C
ouncil Approval Date:
0737P 23P
Rev'd: 5/87
~ ~ . •
3. List any variance, conditional uses or other land uae actions to be considered
as part of this application: 4. Applicants: To have a complete application you vill need to submit attachments
described in the attached inf ormatioa sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT: ,
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon [he subject property.
• B. If the application is granted, the applicant will exercise [he rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of the above statements and the statements in the plot plan,
attachments, and exhibits transmitted herewith, are true; and the
applicants -so acknowledge that any permit issued, based on this
application, may be revoked if it is found that any such statements are
false. '
D. The applicant has read the entire contents of the application, including
the policies and criteria, and understands the requirements for approving
or denying the application.
DATED this ~f Ot7 day of 19 f, r
SIGNATURES of each owner (eg. husband and wife) of the subject property.
(KSL:pm/0737P)
• •
LEGAL DESCRIPTION FOR ANNEXATION
OF A PORTION OF WALNUT STREET
A tract of land located in the Northwest one-quarter of Section 3,
Township 2 South, Range 1 West of the willamette Meridian,
Washington County, Oregon.described as follows:
Commencing at the center of Section 3, thence N 000 46' 00" E a
distance of 1647.00 feet; thence S 780 35' 11" W a distance of
430.65 feet to the true point of beginning being on the north
right-of-way of SW Walnut Street; thence S 780 35' 11" W, along
said north right-of-way, a distance of 236.84 feet; thence S 030
05100" E a distance of 40.43 feet to the south right-of-way of SW
Walnut Street; thence N 780 35' 11" E, along said south right-of-
way, a distance of 66.46 feet to an iron pipe which bears South 000
46' 00" West a distance of 1056.00 feet, South 77050' 00" West a
distance of 603.10 feet and South 000 46' West a distance of 12.05
feet from the 1/4 corner in the north line of Section 3 T 2 S, R 1
w wM; thence N 780 35' 11" E, along said south right-of-way, a
distance of 167.6 feet; thence N 000 46' 00" E, leaving said south
right-of-way, a distance of 40.92 feet to the true point of
beginning.
.
'
IN3V4iNVd3C1 ONINNV-ld CRAVOUJO AilO
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' WUBLIC HEARIA EXHIBIT A
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL,
AT A MEETING ON TUESDAY,November 14, 1995, AT 7:30 PM,
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TI(3ARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
F I LE N O: ZCA 95-0005
FILE TITLE: Williams Annexation
APPUCANT: Lena Williams OWNER: Same
11770 SW Walnut Street
Tigard, OR 97223
REQUEST: To annex one parcel of 1.52 acres into the city and change the zoning from Washington County R-5
to City of Tigard R-4.5.
LOCATION: The south side of SW Walnut Street between SW 116th and SW 121 st Avenues.
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.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE
TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER
18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR
(503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR
TO THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION
FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN
TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO
OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE
APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER October 23.
1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO
CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE
RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING.
, INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPI•JT CODE AND THE TIGARD COMPOENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE
CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST
PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE 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.
I ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION
AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO
THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A
COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR SENIOR PLANNER
RICHARD BEWERSDORFF AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD,
TIGARD, OREGON.
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, , - EXHIBIT D
2S103BD-00100 2S10 -00200
HLTNT, TROY CAPP~
, RAYMOND J
MARTIN, JUDITH M TRUSTEE SUZANNE
10275 SW HAZELBROOK 11710 SW WALNUT ST
TUALATIN OR 97062 TIGARD OR 97223
2S103BD-00300 2S103BD-00301
BLEDSOE, ROBERT C WILLIAMS, LENA MARIE
CAROLYN S 11770 SW WALNUT ST
11800 SW WALNUT ST TIGARD OR 97223
TIGARD OR 97223
2S103BD-00400 2S103BD-00600 .............BRAK, EDITH A JOHNSON, DONALD R& CYNTHIA D
823 S JUNIPER DR 11970 SW WALNUT ST
MOSES LAKE WA 98837 TIGARD OR 97223
2S103BD-00602 2S103BD-01200
NORMAN, JACK J JR AND NIX, LOY CARL MARSHA A
MARY J 12630 SW 121ST
11930 SW WALNUT TIGARD OR 97223
TIGARD OR 97223
2S103BD-01300 2S103BD-01500
BERGQUIST, R KELLY DANIEL, JAMES W
MERRILL M 12025 SW CARMEN STREET
12660 SW 121ST TIGARD OR 97223
TIGARD OR 97223
~ 2S103BD-01600 2S103BD-01700
MALONE, THOMAS E JOHNSON, WARREN A '
PFAHL, SUSAN N M MARGARET F
11985 SW CARMEN STREET 11945 SW CARMEN ST
TIGARD OR 97223 TIGARD OR 97223
2S103BD-01800 2S103BD-01900
LIEBL, THOMAS R AND BONNIE IADANZA, NICHOLAS E AND
11905 SW CARMEN STREET MARGRET A
TIGARD OR 97223 11865 SW CARMEN ST
TIGARD OR 97223
2S103BD-02000 2S103BD-02100
PATTERSON, JOHN K& VIRGINIA H COPELAND, MAUREEN T(TERRI)
15 WESTWOOD RD 11805 SW CARMEN
SOMERVILLE MA 02145 TIGARD OR 97223
2S103BD-02200 2S103BA-00401
KARLSON, E J V I BANK OF CALIFORNIA, THE TR
11765 SW CARMEN ST 11625 SW WALNUT ST
TIGARD OR 97223 TIGARD OR 97223
2S103BA-00500 2S103BA-00600 ............e
ROGERS, EUGENE P GAARDE, RICHARD J
KATHERN J DOROTHY A
11695 SW WALNUT ST 11765 SW WALNUT
TIGARD OR 97223 TIGARD OR 97223
.
2S103BA-00700 2S1iSA-00800 GAARDE, RICHARD J II AND BOOTH, DAVID & MARY P
JUDITH 0 11865 SW WALNUT ST
11825 SW WAINUT TIGARD OR 97223
TIGARD OR 97223
~ 2S103BA-01001
' LONG, ROBERT LILLIAN J
11975 SW WALNUT ST
TIGARD OR 97223
' • •
AFFIDAVIT OF MAILING ~
CITY OF TIGARD
OREGON
STATE OF OREGON )
County of Washington ) ss.
' City of Tigard )
I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say:
That I am a Department Secretary for The City of Tigard, Oregon.
X That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
X Tigard City Council
A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named
person(s) at the address(s) shown on the attached list(s), marked Exhibit "B, on the 23rd day of October, 1995;
said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board on the n/a
day of n/a and deposited in the United States Mail on the 23rd day of October, 1995, postage prepaid.
.C~/ . ~ .
Pre ed Notice
c
Subscribed and sworn/affirmed before me on the day of 19
,
)FFICIALSEAL NOTA Y PUBLIC EGO
DIANE M JELDERKS My Commission E ~res:
NUTA~Y PUBLIC•OFEGON
rypMMISSION N0.046142
MY COh!; :iSION EPIRE5 SEPTEMBER 07. 1999
SE I/4 NW
1/4 SECI r ~~O,Nn O~GON
' WA5HINGTON
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*EQUEST FOR COMMENT*
Nonau►noH usr wa uwo uss a oEVELoPMeNr napucanaNs
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. . . . . . :
sLDG. DlTlDave ScotC •oa onm POLICE DMYTJKelley Jennlnqs OPIRATIONS/John Acfcer,
CiTY ADMINJCathy WheaUeY, EN0. DEPTJMichael Anderson, o«. ffvvww eo _ COM.DEV. DEPTJD.S.T.'S
ADV. PWCJCaroI Landsman, WATEit DEPTJMichael Mllter, ao.abo++»a.oo.nwu ■.r.o,
~ . . . SPECi1tf.
~.:DISTRICTS:>:.::"::;:::':::.....::.. .
~C FlR! MARSHALL 4UNIAED SEIAIERAG@ AGENCY TUALATIN VALL6Y WATER DIST.
Gene Blrchell SWM PrograrNlee Walker PO Box 745
Wa. County Flre DlsMct 155 N. FIrSt Street Beaverton, OR 97075
(pick-up box) Hllisboro, OR 97124
. . . . . . . . . .
:.::>;:::;::>;:::AFFECTEQ':JURISO[CTIONS:::::
4.1
W0. CO. DEPT. OR UWD US8 A TRANSP. ,~CIVEeTRO ARSA BOtJNDAR1f COIIANtSS10N ACSS
150 N. FIrSt Avenue 800 NE Oregon St 116, Sulte S40 Mel Hule (CPA'sIZOA'y
Hlltsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue
Portland, OR 97232-2736
Brent Nrtls (CPA'y SfAT6 NICHWAY OMSION
Jlm Tice aGA'9 Sam Hunatdl OOOT/RFWON 1
Mike Borreson (Engineer) PO Box 25412 Laurle NlcholsoM'rans. Planning
Scott King cCPA'y Portland, OR 97225-0412 123 N.W. Ftanders
Tom Harty ((.Urrent Planning App's) Portland, OR 97209-4037
_ Lynn Bailey (Nrrent Planning App'S) OREGON DLCO tCPA'Y10A'S1
1175 COUR Stt'e2t, N.E. _ OTHER
CtT1f OF BEAVERTON Salem, OR 97310-0590
Larry Conrad, Senior Planner ~ C1TY OF POR7'LAND
PO Box 4755 GT1f OF OURHAM Planning Dlrector
Beaverton, OR 97076 City Manager 1120 SW 5th
PO Box 23483 Portland, OR 97204
UTY OF IaNC ClTY Ttqard, OR 972813483
Gty Manager CiTY OF LAKE OSYVECO
15300 SW 116th QT1f OF TUALATiN Gty Manager
King dty, OR 97224 PO Box 369 PO Box 369
Tualatln, OR 47062 Lake Oswego,-OR 97034
. . . . . : 7771
::::::<::::<.::'.:'<:°:::::>;;:
: ~ GENERAL TELEPHONE ELECTRIC ~ PCRTLAND CENERAL ELECTRlC COlUMB1A CABLE CO.
Jim Wieskamp, Engineering Brian Moore Craig Eyestone
PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigadoon Court
Tlgard, OR 972813416 Beaver[on, OR 97007 BeaveROn, OR 97005
NW NATURAL GAS CO. w+oneison nrsw METRO ARFA COMMUNICATIONS TRl-IYIET TRANSIT DEHBLOPMENT
Scott Palmer Fax Isn r~,•:sm Jason Hewitt Kim Knox, Pro)ect Planner
220 NW Second Avenue Twin Oaks Technology Center 710 NE Halladay SVeet
Portland, OR 97209-3991 1815 NW 169th Place 5-6020 Portland, OR 97232
Beaverton, OR 97006-4886
TC1 CA8LE1/1510N OF OREGON KUS WEST GOMMUNICATIONS SOIJTHERH PAGFlC TRANS. GO.
Unda• Peterson Pete Nelson ~ Duane M. Fomey, PLS-ProJect Eng.
3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324
Portland, OR 97201 Portiand, OR 97204 Union Statfon
Port7antl, OR 97209
.
: . ; STATE: AGENCIES:>.>::: FEOERAL;AGHYdES':;:::..~:;::~;<>::~:>:
AERONAUTiCS DIVISION (ODOn DIVISION OF STATE LANDS US POSTAL SERVICB
- COMMERCE DEPT.-M.N. PARK FlSH & WILDUFE Randy Hammock, Growttl CorC.
PUC _ DOCAMI Cedar MIII StaUon
_ DEPT. OF EHVIRONMENTAL pUAUTY Pordana, OR 97229-9998
_ U.S. ARMY CORPS. OF ENGINEERS
_ oTMER h:~n%oanwf=our_r=
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3.S N~~ ti 45 a ~ SEP 1 8 1995
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