ZCA1995-00006 , \ •
March 10, 1999
CITY OF TIGARD
Oregon Department of Revenue OREGON
Cartography Department
955 Center Street Salem, OR 97310
RE: Formal submittal of the Ordinance and related Exhibits officially
withdrawing properties annexed into the City of Tigard from the
Tigard Water District.
To Whom It May Concern:
This letter serves as formal notice that certain properties annexed into the
City of Tigard have now been officially withdrawn from the Tigard Water
District. Enclosed is a copy of the signed Ordinance passed by the Tigard
City Council on 2/23/99 withdrawing those properties from the Tigard
Water District. The Department of Revenue previously had the
opportunity to review the "draft" ordinance and the necessary changes
were made at that time to the exhibits prior to adoption by the City
Council.
Thank you for your time on this matter. If you have any questions or
comments, please feel free to contact me at (503) 639-4171 x407.
Sincerely,
.
Julia Powell Hajduk
Associate Planner
i:\curpln\julia\annex\wdlet2.doc
Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27
C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File
1999 Planning correspondence file.
City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6;
97-1,2 & 3; and 98-1,2,3 & 4.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• . ~ CITY OF TIGARD, OREGON ~
~
ORDINANCE NO. 99- 05 ~
~
~ AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY
BEEN ANNEXED TO THE CTTY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT.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
WHEREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and
WHEREAS, property within the Tigard Water Dishict annexed into the City after March 23, 1993, must be withdrawn from
that Water District to insure the proper entity receives the taxes; and
WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for certain debt obligations, however, in this
instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be
made; and
WHEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of
those annexed properties from the Tigard Water District on February 23, 1999; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of
the annexed properties from the Tigard Water District is in the best interest of the Cityof Tigard; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by
ordinance. NOW, THEREFORE, THE CTTY OF TIGARD ORDAINS AS FOLLOWS:
SEC'IION 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.
SECT'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.
SECITON 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By U`n& nt mu, UL vote of all Council members present after being read by number and title only, this c'2
day of 1999.
GU
.
Catherine Wheatley, City Recor
APPROVED: By Tigard City Council thisEE!~ day of , 961
6WMNicoli, Mayor
Approved as to form:
A
i Attorney
2~23-~5
Date
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Page i of 1 i:\citywide\ord\wdwithdr.ord.doc Julia H. I I-Feb.-99
. • ~ .
. CITY OF TIGARD WATER DISTRICT W1'TRDRAWAL Boundary Commission
. Final Order No. 35S y
EXHIBiT S ZCANo. 9S-ooo6 .
LEGAL DESCRIPTION OF THE AREA . -
. .
A tract of land in the Northeast one-quarter of Section 3, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the southwest corner of the John L. Hicklin O.L.C.; thence N 25001'42" W a
distance of 427.51 feet along the westerly line of said D.L.C.; thence N 87007'25" E a
distance of 90.63 feet to the TRUE POINT OF BEGINNING; thence N 25 ° 13' 15" W a
distance of 180.67 feet to the south right-of-way of SW Fonner Street; thence N
870 16'45" E, along said south right-of-way, a distance of 89.90 feet; thence S .
25004'45" E a distance of 180.22 feet; thence S 87007'25" W a distance of 89.32 feet'
to the True Point of Beginning.
VICINITY MAP OF THE AREA
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~ CITY OF TIGARD WATER DISTRICT WITIiURAWAL . ,
Boundary Commission
Final Order No. .3S3y
ZCA No. S-ooo4
. EXHIBIT 6
LEGAL DESCRIPTION OF THE AREA .
.A tract of land in the Northeast one-quarter of Section 3, Township 2 South, Range 1
West,Willamette Meridian Washin ton Coun
, g ty, Oregon, described as follows:
Beginning at a point which bears N 87046' E a distance of 200 feet from the southwest
corner of HUMBOLT CREEK ESTATES; thence N 00039' E a-distance of 179.10 feet;
thence S 89058' E a distance of 83.45 feet; thence S 00039' W a distance of 175.79
feet to the northerly right-of-way of SW Fon ner Street; thence S 87046'. W along said
northerly right-of-way, a distance of 83.56 to the Point of Beginning.
VICINITY MAP OF THE AREA
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• CITY OF TIGARD WATER DISTRICT WITHDRAWAL .
Boundary Commission
Final Order No. .~SSy
E7__J1 ZCANo. 95-0ooG
LEGAL DESCRIPTION Of THE AREA
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 3,
T2S, R1 W, W.M., Washington County, Oregon, more particularly described as foliows:
Beginning at the center line of said Section 3, being the centerline intersection of SW
Fonner Street and SW 115th Avenue: thence N 00°53' E a distance of 462 feet.to a .
point in thecenterline of said Fonner Street; thence N 87146' E a distance of 115 feet to
the TRUE POINT OF BEGINNING, also on said centerline; thence from said True Point of
.Beginning N 00053' E 332.35 feet, more or less, to a- point; thence S 87046' W 115 feet
to a point on the southern boundary of the plat of WALNUT GROVE (Lot 12); thence N
550 45'02" E, along said southerly boundary 290 feet, more or less, to a point being 100
feet perpendicular with the west boundary of the plat of HUMBOLT CREEK ESTATES; .
thence S 00059' W 460 feet, more or less, to the northerly right-of-way of SW Fonner
Street; thence N 870 46' E along said northerly right-of-way, 100 feet; - thence S 00°53' '
W 40.06 feet to the southerly right-Qf-way; thence S 87146' W along said southerly
right-of-way 212.3 feet; thence N 00053' E 20 feet, more or less, to the True Point of
Beginning. . .
VICINITY MAP OF THE AREA
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' CITY OF TTGARD WATER DISTRICT WITHDRA,WAL .
' . Boundary Cornmission
Final Order No. .3S.Sy
FE_EXHIBIT 8 ZCANo.95-oeoG
~
LE6Al DESCRIPTION OF TNE AREA
The South 98 feet (approximately .22 acres).of the foilowing described property:.
Beginning at a point in.the centerline of Fonner Road (C.R. No. 495), said point being S 00053' W 2216.8 feet and N 87046' E 723.4 feet from the north quarter section corner '
of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon; thence continuing N 87046' E 98 feet to a point; thence S 02000'30" E
336.$4 feet to an iron pipe; thence S 87 046. W 98 feet to an iron pipe; thence N
02000'30" W 336.54 feet to the point of beginning of this description, EXCEPTING that -
portion of land lying within the right-of-way limits of said County Rvad No. 495.
VICINITY MAP OF THE AREA
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' CITY OF TIGARD, OREGON ~~~c-rl
•
ORD INANCE NO. 9 5-,3L/
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0006).
WHEREAS, the Tigard City Council held a public hearing on December 12,
1995, to consider a zoning designation for two parcels of land located
along SW Fonner Street west of SW lllth Place; and
WHEREAS, on December 12, 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
I designation of Low Density Residential.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
-
SECTION l. Upon annexation, the affected properties shall be
designated as follows: -
Tax Map, Lot Number Current Zonincr New Zoninct
2S1 3AC, lot 1700 Wash. Co. R-5 Tigard R-4.5
2S1 3AC, lot 1503 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 LwCCi7%I'YIU-uo vote of all Council members present
after being read by number and title only, this day
o f C~'r Cvrn.~it1 , 199
-
~
I i r
Catherin Wheatley, City 'corder
~
' APPROVED: By Tigard City Council th' of/ ,
' 1995. ~
Ja Nicoli, Mayor ~
Approved as to form:
~
' City Attor y
//9/9
Date
ORDINANCE No. 95-~ ,
Page 1
f
~ CITY OF TIGARD, OREGON
~
RESOLUTION NO. 95--'-? )
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0006).
WHEREAS, the Tigard City Council held a hearing on December 12, 1995, to
consider the annexation of two parcels consisting of 0.56 acres located
along SW Fonner Street west of SW lllth Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change
under Boundary Commission law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B)
to initiate an annexation upon receiving consent in writing from a
majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in
the territory proposed to be annexed; and
WHEREAS, the property which lies within the boundary of the Washington
County Enhanced Sheriff's Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1 and
the Washington County Vector Control District would, by operation of ORS
199.510, be automatically withdrawn from those districts immediately
upon completion of the annexation.
~ NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Council, pursuant to ORS 199.490(2)(a)(13),
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 1995.
c
M r- City of Tigard
ATT 1ST :
~ ~i~~~
City Recorder - City of tigard
~ l,-Q l rCi
Date
I RESOL '
UTION NO. 95-_
Page - 1
.
~ • •
STAFF REPORT EXHIBIT A
December 12, 1995
TIGARD CITY COUNCIL
TIGAR.D TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
l. General Information
CASE: Zone Change Annexation 95-0006
REQUEST: To annex two parcels of 0.56 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.
APPLICANTS: Jon and Judy Fessler Robert J. Davis
11180 SW Fonner St. 11195 SW Fonner St.
Tigard, OR 97223 Tigard, OR 97223
OWNERS: Same
LOCATION: The south side (Fessler) and north side
(Davis) of SW Fonner Street just west of SW
lllth Place - WCTM 2S1 3AC, lots 1700
(Fessler) and 1503 (Davis). See vicinity
' exhibit map.
2. Vicinity Information
Site A(Fessler): Properties to the north, east and west are
in Washington County and zoned R-5. These parcels have single
family residences on them. The parcel to the south is in the
city and zoned R-4.5. This parcel contains the applicant's
residence.
Site B(Davis): Properties to the north, east, south and west
are in the county and zoned R-5. These parcels have single
family residences on them.
3. Backctround Information
The applicants 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 Fessler property is vacant and separated from SW Fonner
Street by tax lot 1800. It slopes downward from west to east
1
• •
and has a tree canopy over the southern half. Access to the
property is via an easement granted by lot 1800. The Davis
property is relatively flat and has a single family residence
located on the southern half along SW Fonner Street. The
property has approximately 84 feet of frontage along SW Fonner
Street, which is functionally classified as a minor collector.
This section of SW Fonner Street is within the city limits.
The two applicants separately requested that their properties
be annexed to the city by means of the double majority method.
They are being combined into one application proposal for the
sake of efficiency and financial savings. Representing the
owners of more than half the land (10016) and a majority of the
registered electors (10016) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The Fesslers have initiated annexation in
order to bring their vacant property into the city for
consolidation purposes. Davis intends to obtain sewer service
after annexation to the city.
The proposal includes the request to initiate annexation to
the city and to change the zone only on the properties.
Because the properties are in the city's Active Planning Area,
they have 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 CONCLIISIONS
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 and
2
• i
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
properties.
3. Policy 10.1.2, boundary criteria for annexations, is
satisfied because the proposal will not create a boundary
irregularity in this area; the Police Department has been
notified of this request and has no objection; the
affected land is located within the city's urban planning
area and is contiguous to the city boundary; and adequate
services are available to accommodate the properties.
4. Policy 10.1.3, zoning designation, is satisfied because
the affected parcels 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:
l. 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 sites.
b. Applicable comprehensive plan policies and code
provisians 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 properties are
established areas 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
properties sha11 be designated as established areas on
the development standard areas map of the comprehensive
i, plan.
~ C. RECO1rMENDATION
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0006.
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. . Return completed questiorinaiiie
- ~ - ~ - - Cefiter '~for Population 'Research--and Census ' - . °
WPortland State University —
OR - 97207-0751
.No~la~er~than Jun 26,~996. for pcertification -on -1une•_30•_.r996.
~ .
A N N E 8 A T I O N Q II E 8 T I O N N A I R E
. . .
: City of • ~ - ~ - ~ - County of .
Annexation Ordinance ~Number or Final Order 'Number
Effective Date of Annexation 'Jr/P01j?v
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 certif ied. Complete the '
following section if there are less than 200 housing units in this
annexation.~ . . . . . . , .
. . _ . ~ . _ . ' ~ . . 1~'~~G~J . _ro . . ~ . ~ . + '
Attach completed confidential census schedules'for*all.housing units
- both vacant and occupied....There'must be one sheet for each..
. ir►habitable housing unit.
HOUSING UNITS AND POPULATION AT TIME OF ANNEXA.TION ~
TOTAL OCCUPIED." VACANT PERSONS
~ UNITS IN SINGLE,FAMILY STRUCTURES
UNITS IN MULTIPLE FAMILY STRUCTURES
MOBILE HOMES OR TRAILERS
TOTAL POPULATION OF ANNEXED AREA /0_ DATE OF ENUMERATION
.
ENUMERATED 8 POSITION
TELEPHONE NUMB ~F-q/ 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.
#'ONMETM
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, City of > -
~ ~ . Address M P/. _ l - _ .
HOIISING TYPE , - . ~TMQgg
Single Unit Structure Owner occupied ~j
, Multiple Gnit -Structure _4~ E ; ) . ~ ; ~ Rentar Occupied ( .
_ . . . . . _ .t _ . .
_ Trailer.or Mobile Home Vacant . ( )
RE3IDENT3
Last Name ~ First Name ~ Sex Aqe
Respondent ~mv% -C
-
2. ~ ~ G~DrcL 1'~ . ~ I 9
s. Fred`,-~ ~k L• M l 7
4. I, U~i►•, a.ti...•n
5.
6.
7.
8.
9.
10.
Portland State L'niversity School of Urban and Public Affairs
Center For Population Research and Census 725-3922
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. •
' Council Agenda Item
TIGARD CITY COUNCIL
iNEEETING MIlYIJTES - DECEvIBER 19, 1995
• Meeting was called to order at 5:38 p.m. by Mayor Nicoli.
1. ROLL CALL
Council Present: Mayor Jim Nicoli; Councilors Wendi Conover Hawley, Paul Hunt,
Bob Rohlf (arrived at 5:55 p.m.), and Ken Scheckla. Staff Present: Bill Monahan,
City Administrator; Pam Beery, Legal Couasel; Jim Hendrys, Community
Development Director; Loreen Mills, Administrative Analyst; Liz Newton, Assistant
to the City Administrator; Associate Planner Duane Roberts; Associate Planner Ray
Valone; Catherine Wheatley, City Recorder; Ed Wegner, Maintenance Services
Director; and Randy Wooley, City Engineer.
STUDY SESSION
• Agenda Review:
> City Engineer responded to questions on Items 4.4 and 4.7; after brief
discussion, these items were to remain on the Consent Agenda. ,
> Councilor Scheckla noted concerns with Agenda Item No. 5- Fifteen Minute
Parkin; Zones on Main Street. These concerns were addressed at the time '
this agenda item was considered. (See Agenda Item No. 5 for additional
comments.)
> Councilor Hunt said the public should be apprised of the City's response and
actions during the December 12 storm. He said the public should be aware
of the good job done by City employees.
iNIayor Nicoli advised that the "Mayor's Corner" in the upcoming Cityscape
is devoted to this topic.
(Councilor Rohlf arrived: 5:55 p.m.)
CITY COLivCIL TMEETIIYG MI~i "L'TES - DECEINMER 19, 1995 - PAGE 1
~
~ • ~
BUSINESS MEETI~i 1G
2. PRESENTATION TO COUNCII.OR WENDI CONOVER HAWLEY
• Mayor Nicoli presented a gift and certificate of appreciation to Councilor ,
Hawley. Councilor Hawley, whose resignation will be effective December 31,
1995, was recognized by the Niayor and Council for her contributions over
the last several years to the City of Tigard.
3. VISTTOR'S AGENDA
• iNIr..Jack Polans, 16000 S.W. Queen Victoria Place, King City, Oregon,
• asked for the status of the water negotiations between the City of Tigard and
the City of Lake Oswego.
, City Administrator Monahan advised that the City is waiting to hear from
Lake Oswego which is evaluating Tigard's last offer. Lake Oswego is waiting
to discuss until they have a full Council in attendance at a meeting.
Mayor Nicoli responded to Nir. Polans' further comments noting concern I
about the City pursuing other water source options. Mr. Nicoli noted that
this topic had been the topic of several Executive Sessions and could not be
discussed publicly at this time.
4. CONSENT AGENDA: Motion by Councilor Hunt, seconded by Councilor Scheckla
to approve the following Consent Agenda items, eYCept for Item 4.11:
4.1 Approve City Council Minutes: October 24, and 26, 1995
4.2 Receive and File: a. Council Calendar .
b. Tentative Agendas
4.3 Approve Budget Adjustment to Allow Expenditure of Library Grant Funds -
Resolutioa No. 95-63
4.4 Dedicate Existin; Reserve Strip as Public Ri;ht of Way to Allow E~ctension
of Streets - S.W. Windsong Court - Resolution No. 95-64
4.5 Confirm Appointrnents to Building Appeals Board - Resolution No. 95-65
4.6 Approve Resolution to Provide Formal Statement of Access Assurance to
S.W. 88th Avenue (Biggs) - Resolution No. 95-66
4.7 Local Contract Review Board: Approve Purchase of New Vehicle for the
Engineering Department and Authorize the City Administrator to Sign the
Purchase Order
4.3 Initiate Vacation Proceeds for Appronmately 2,308 Square Feet of Public
Right of Way on S.W. Cascade Boulevard - Resolution No. 95-67
4.9 Approve Right-of-Way Supplemental Agreement with the State and Authorize
the City Administrator to Sign
CITY COUNCIL iNIEETING iNIINUTES - DECEiNIBER 19, 1995 - PAGE ?
r
• •
~ 4.10 Approve Budget Adjustment to Fund Repairs to the City Hall Roof -
Resolution No. 95-68
The motion was approved by a unanimous vote of Council present. (Mayor Yicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
The following agenda item was discussed later in the meeting:
4.11 Declaration of Emergency - Storm of 12/12/95
Agenda Items 5, 6 and 7 were discussed as one agenda item.
Mr. iNIichael vtarr of the Downtown Merchants Association responded to questions
from Councilor Scheckla on Agenda Item No. 5 regarding location and the number
of these 15-minute limit parking spaces. Councilor Scheckla was also concerned
whether 15 minutes was enough time. NIr. Niarr advised that the merchants would
not be looking for aggressive enforcement. He also reported that the merchants
were in concurrence that this was the appropriate amount of time (15 minutes). The
merchants would not be contacting the police to enforce this ordinance realizing the
limited resources the police department has for such enforcement.
City Engineer Wooley was available for any questions on the staff reports.
Council then considered the following ordinances:
Motion by Councilor Hunt, seconded by Councilor Rohlf to adopt:
ORDINA.iNCE NO. 95-30 -AiN ORDI~i TANCE AivIENDING T.M.C. 10.28.110 AiND
ESTABLISHP 1G FIFTEEN-INiPIVTE PARKI~i (G ZONES ON NL~i STREET
ORDLNAiNCE N0. 95-31 - t1N ORDI~i 1ANCE Ai1~IEiNDI~i iG T.M.C. 10.28.090 AiND
ESTABLISHLIIG A TWO-HOUR PARKP 1G Lll~i IIT FOR A PORTION OF S.W.
BURNHA!v1 STREET
ORDI~i 1AiNCE NO. 95-32 - AiN ORDn tANCE A1IEiDING T.M.C. 10.28.130 Ai~TD
REVIOVP iG A PREVIOtiS PARKING RESTRICTION ON S.W. iNIAIN STREET
The motion was approved by a unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt and Rohlf voted "yes.
CITY COiJN'CII. iNfEETWG MPIUTES - DECEi-vIBER 19, 1995 - PAGE 3
1
• •
8. METRO 2040 UPDATE
• Community Development Director Hendryx reviewed this agenda item. He
reviewed information on commercial establishments, employment centers and
the iNietro hearing process. Staff will be reviewing the 2040 project with the
CITs to see what issues are raised.
9. CONSIDER RECOMNiIINDATION ON REGIONAL WATER SUPPLY PLAN
• vlaintenance Services Director Wegner reviewed this agenda item. (See
attachment: viemorandum dated December 27, 1995 to Lorna Stickel from
Ed Wegner which summarizes Council consensus on the draft Regional Water Supply Plan.)
> DECIINBER 12, 1995 STORM AND 1TEM 4.11 - DECLARATION OF
EMERGENCY -
The staff report on the December 12, 1995 storm and consideration of Agenda Item
No. 4.11 (Declaration of Emer;ency - Storm of 12/12/9~ was reviewed at this time.
Staff report was delivered by vlaintenance Service Director Wegner and
Administrative Analyst Mills. Their comments included the following:
• Community Development and Engineering Departments assessed damage to
private property.
• Site visits were made to properties.
• Reviewed the Emergency Operations Center (EOC) which was activated on
December 12.
• EOC was open 24 hours; emergency hotline number was made available.
• Some problems encountered with PGE; that is, knowing which lines that were
down were "hot."
Priority throughout was for life safety.
• Two crews worked 12-hour shifts. ,
• City services were back to normal the morning of December 13 with the
esception of the Police and Maintenance Services Departmeat.
• 11 teams were dispatched from the Community Development Department to
make a visual assessment of each street in the City of Ti;ard.
CTTY COiTN'CIL MEETI~i iG MLNZ1'TES - DECEiNIBER 19, 1995 - PAGE 4
. • •
• Maintenance Services Department spent 1,310 hours cleaning up the storm's
damage. 274 hours of overtime were logged. After the first night, crews
worked only during daylight hours.
• Crews are cleaning up streets and right of way. Crews are not going on
private property. The Canterbury site has been made available for debris
from private property; this facility will close at 4 p.m. on Friday, December
22.
• Damage to City property: The Niche lost some roof shingles; the tennis court
fence at Sumunerlake park was damage by a tree that fell, and there was
damage to a house owned by the City (former Link proQerty).
• There was a ZO-hour power outage in the pumQ station for the water system.
Lake Oswego began sending water as soon as they were operational. Tigard
was able to continue providing water by using water in storage.
• 265 single/multi-family residences were damaged; 17 businesses incurred
major or minor damages. Total estimate of damage: $1.4 million.
• It will take about one month to complete clean up.
Administrative Analyst Vlills reviewed the process and need for declaring an
emergency. After brief discussion, mation by Councilor Hawley, seconded by
Councilor. Scheckla, to adopt Resolution No. 95-69:
RESOLUTION NO. 95-69 - A RESOLUTION OF THE TIGARD CTTY COL`NCII.
DECLARLNG A STATE OF EvIERGENCY AS A RESULT OF THE 12/12/95
STORitiI
The motion was approved by a unanunous vote of Council present. (INiayor Nicoli
and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.")
Consensus was for City Staff to proceed with clean up activity as outlined by staff.
10. DISCUSSION: "TIGARD - THINKING BEYOND TOMORROW"
a. Staff Report: Assistant to the City Administrator Newton reviewed the staff
report on file with the Council packet material.
Administrative Analyst iNIills reviewed the cautions and areas where
commitment would be needed. ~
CITY COUiNCIL iNIEETP iG vIL1tU"I'ES - DECEVIBER 19, 1995 - PAGE 5
• . ' .
b. After brief discussion, Council consensus was for staff to continue to work
on the project to "put some more shape to it." Council will discuss this
further during a workshop setting.
After a short break, Item No. 12 was coasidered by Council at this time.
12. CTTIZEN INVOLVEMENT TEAM CO1VEiUNICATIONS
a. Central CIT facilitator Bob Bledsoe advised that the Central and West CITs
would be meeting joindy for January, February and March to determine how
this would work out. Each CTT would reserve the option to meet separately
on issues if this seemed to be warranted. Council had no objection to this
idea.
vir. Bledsoe also suggested that all of the CTTs meet times a year.
11. CONSIDER CHANGE IN COUNCII. COMPENSATION EFFECTIVE
JANUARY 1, 1996
a. City Administrator Monahan reviewed the staff report on file with the
Council packet material.
b. Council Consideration: Resolution No. 95-70.
Vlotion by Councilor Hawley, seconded by Councilor Hunt, to adopt I
Resolution No. 95-70.
RESOLUTION NO. 95-70 - A RESOLUTION OF THE TIGARD CITY
COUNCIL TO ADNST THE RATE OF COUNCIL COMPENSATION,
EFFECTIVE JAiWARY 1, 1996
The motion was approved by a majority vote of Council present. (Mayor
Nicoli and Councilors Hawley and Hunt vote "yes"; Councilors Rohlf and
Scheckla voted "no.
13. CONTINUATION OF PUBLIC HEARIlNG (Hearing on 9/26/95 continued to
12/19/95) -(QUASI-JUDICIAL): APPEAL OF SiTBDIVISION (SLTB) 95-
0004/PLANNED DEVELOPMIIW REVEEW (PDR) 95-0005/SENSITIVE LANDS
REVIEW (SLR) 954)007 - WOODS PHASE II/SIERRA PACIFIC
DEVELOPMIINT
An appeal of a request for Subdivision approval to divide one parcel consisting of
appro-amately 2.63 acres, into siY parcels ranging in size from 10,375 square feet
to 33,535 square feet. A Planned Development has been requested to implement the
properties planned development overlay. A sensitive lands review is requested to
delineate wetlands and steep slope areas. A neighboring property owner has
CTTY COUNCIL iNMETLNG vlPi 1UTES - DECEVIBER 19, 1995 - PAGE 6
. •
appealed the Planning Commission's decision to approve this request. The neighbor
appealed this applicadon due to, the alignment of the proposed private street, the loss
of trees and impacts to area fauna. Location: 13870 S.W. Fern Street (WCTM 2S1
4DD, TaY Lot 1700). Applicable Review Criteria: Community Development Code
Chapters 18.52, 18.80, 18.84, 18.83, 13.90, 18.92, 18.100, 18.102, 18.108, 18.150,
18.160 and 15.164. Zone: Single-family residential, seven dwelling units per acre
(R-7, PD).
Comprehensive Plan Designation: Medium Density Residential (6-12 units per acre).
a. Staff Report: Community Development Department recommends the hearing
be continued to January 23, 1996, as outlined in the Staff Report on file with
the Council packet material. b. Council Consideration: Motion by Councilor Hunt, seconded by Councilor
Hawley to continue the hearing to January 23, 1996.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoli and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.
14. PUBLIC HEARING (QUASI JLTDICIAL) - VACATION OF A 10-FOOT PUBLIC
UTII..ITY EASTMENT LOCATED ON LOT #9 IN THE BENCHYICEW ESTATES
SUBDIVISION
To consider the proposed vacation of a 10-foot-wide public utility easement, Lot
No. 9 in Benchview Estates Subdivision. The request was initiated by City Council
on November 14, 1995, on behalf of Brian Savage. Any interested person may
appear and be heard for or against the proposed vacation of said public utility
easement. Any written objections or remonstrances shall be filed with the City
Recorder by December 19, 1995, by 7:30 p.m.
a. Public hearing was opened.
b. Declarations or Challen;es.
Mayor Nicoli asked the following:
- Do any members of Council wish to report any es parte contact or
information ;ained outside the hearing, including any site visits'
(TNone were reported).
- Have all members familiarized themselves with - the application?
(Council members indicated they were familiar with the application).
- Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challencre on the
CTTY COUTINCIL MEETING vIENL"TES - DECEI-ViBER 19, 1995 - PAGE 7
• . ' .
participation of any member of the Council? (There were no
challenges).
c. Staff Report: Community Development Director HendryY reviewed the staff
report on file with the Council packet material.
d. Public Testimony: None
e. Staff Recommended approval of the vacation as proposed.
f. Public hearing was closed.
a. Council Consideration: Modon by Councilor Hunt, seconded by Councilor
Hawley, to adopt Ordinance No. 95-33.
ORDINAiNCE NO. 95-33 - AN ORDINA~~iCE CONCERNING THE
VACATION OF A 10 FOOT WIDE PUBLIC UTILTTY EASEViEiNT
LOCATED ON LOT #9 IN BENCHVIEW ESTATES SUBDIVISION I~i t
THE CITY OF TIGr1RD, WASHP 1GTON COUNTY, OREGON.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoli and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.
15. PUBLIC HEARING (QUASI-JIJDICIAL): ZCA 95-0006 FESSI.ERJDAVIS
I A1'J1VEXATION REQiJFSTS: Fessler requests annesation of one parcel of 0.22 acres
into the citY ~ and chan 'ng the zoning from Washington CountY R-5 to CitY of Tigard
R-4.5. Davis requests annesation of one parcel of 0.34 acres into the city and
changing the zoning from Washingtoa County R-5 to City of Tigard R-4.5.
LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of
S`V lllth Place. APPLICABLE REVIEW CRITERIA: The relevant review
criteria in this case are Comprehensive Plan poGcies 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 13.136, annesation
requirements; and 13.138, land classification of annesed territory. ZONE:.
Presentiy Washin;ton County R-5.
a. Public hearin; 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).
CTTY COLiNCIL MEETJNG iNIPi IIJTES - DECEiNiBER 19, 1995 - PAGE 8
• •
- Have all members familiarized t6emselves with the application?
~ (Council members indicated they were familiar wit6 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 Valone reviewed the staff report on file with
the Council packet material. iNIr. Valone noted an error in the Council
packet on the map a streei name was shown as "Walnut"; however, the
street's name is "Fonner."
d. Public Testimony:
• Proponents
Property owner Judy Fessler advised she was available to answer
questions.
• Opponents
iNir. Jack Polans, 16000 S.W. Queen Victoria Place, King City,
Ore;on, testified with concerns about annesation procedures.
Property owner Fessler advised Mr. Polans that this was a voluntary
anne.Yation and included the Davis' property who were neighbors who
also wanted to annes to the City.
e. Staff recommended approval.
f. Council consideration:
iNlotion by Councilor Hawley, seconded by Councilor Rohlf, to adopt
Resolution vo. 95-71.
RESOLL"TION v0. 95-71 - A RESOLUTION Pi tITIATING AN11i EYaTION
TO THE CTTY OF TIGARD OF THE TERRITORY AS DESCRIBED I~i 1
EY1RBIT AND ILLUSTRATED I~i 1 EXHIBIT B(ZCA 95-0006)
The motion was approved by a unanimous vote of Council present. (Vlayor
Nicoli and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.
vlotion by Councilor Hawley, seconded by Councilor Rohlf, to adopt
Ordinance No. 95-34.
CTTY COL`NCIL vEETI~i iG MIVi'U'TES - DECEVJEBER 19, 1995 - PAGE 9
.
• • '
ORDINANCE NO. 95-34 - AN ORDINANCE ADOPTIN.G FINDLYGS A~~TD
CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN
EFFECTIVE DATE (ZCA 95-0006). The motion was approved by a unanimous vote of Council present. (Mayor
Nicoli and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.
16. PUBLIC HEARIlNG - SELECTION OF GREENSPACES PROJECTS
a. Public hearing was opened. Niayor NicoG advised that it was unlikely that
any decision would be made on selection of projects at this meeting. Addition
funds, over the $750,000 allocated to the City of Tigard for projects, will be
available for the Tualatin River and Fanno Creek corridors. He advised that
the Council may want to form a task force to work with the City Council and
Metro to determine if more sites and funding options are available.
b. Associate Planner Roberts reviewed the staff report on file with the Council
packet material.
c. Public Testimony
> Martha Bishop, 10590 S.W. Cook Lane, Tigard, OR 97223 read her
testimony. (A copy of iNfs. Bishop's testimony is on file with the
Council packet material.) iMs. Bishop reported that the Central and
East CITs voted by a majority present to emphasize the Fanno Creek
corridor Greenspace trails and pathways.
> Pat Phillips, 14165 S.W. Fanno Creek, atteaded a South CIT meeting.
The South CIT voted to support what the Planning Commission also
recommended; that is, projects identified as F4, F2, F5, and F1. Mayor Nicoli noted that one of Nietro's groundrules is that if the
property owner says "no" then the property will not be considered for
purchase.
> Richard Weijo, 8110 S.W. Bond Street, Tigard, OR 97224 advised he
was a member of the Friends of Tigard Greenspaces. He supported
F5. He also suggested'that other funding sources be pursued and for
the neighborhoods to be contacted. His organization strongly supports
the purchase of the Gage property.
> Jack Broome, The Wetlands Conservancy, Inc., Box 1195, Tualatin,
OR 97062 referred to a letter dated December 11, 1995. (A copy of
this letter is on file with the Council packet material.) Iie urged the
City to purchase the four-acre Gage property. The Wetlands
Conservancy raised, in donations and pledges, approximately $32,000
CITY COIJWCIL iNEEETP 1G vIINL"TES - DECEi-YIBER 19, 1995 - PAGE 10
• •
toward the $150,000 purchase price and has a challenge grant for the
final $10,000 once the first $140,000 has been raised.
Mayor Nicoli asked Nir. Broome what he thought if 2-3 sites were sold
for homes in order to help buy the remaining Gage property for
greenspace. In addition, Niayor Nicoli also referred to street
connectivity and a portion of the property may be used to connect
streets in this area. Mr. Broome advised he would have to check with
the board but he would discourage this approach. Less property
would mean diminished value as a greenspace; the intent of the Board
was to acquire the four acres.
I > Melissa Barrett, 13800 S.W. Fern Street, supported the purchase of
the property in the Fern Street area as the Yo. 1 priority. (See map
and petition submitted by vis. Barrett which is on file with the packet meeting material.)
iNIs. Barrett gave a slide presentation illustrating her points about the
value of the site she supported. She advised Tigard is deficient in
natural greenspace area.
> Chris Counts, 9600 S.W. Riverwood Lane, Tigard, OR 97224,
distributed a packet of information on the purchase of Cook Park
Parcel (F-2) with Greenspace bond funds. iNIr. Counts reviewed his
written testimony citing the areas where the Cook Park parcel met
greenspaces local selection criteria. (See NIr. Counts' information.
which is on file with the Council packet material.)
> Elizabeth Lewis, 13990 S.W. Fern Street, Tigard, OR 97223,
distributed a report from the West CIT - Nleeting of December 5.
(This report is on file with the Council packet material.)
The West CIT recommended priorities of properties and advised that
land acquisition should be a priority over trail development. The
West CIT was concerned that the Planning Commission seemed to
. ignore both the staff report's ranking of greenspace areas and public
support for individual areas in making their decision on b eenspace
ranking.
> Scott tiVhite, 14423 S.W. 130th, Ti;ard, Oregoa, advised he was
adjacent to the F-3 parcel. He said he was concerned about the
possibility that this property will be developed. The property, while
the most espensive, was of significant size and would allow for a
variety of uses. He urged that it be left in its current state for wildlife
and ve;etation. iNIr. White referred to the problems of leaving just a
CITY COiTNCIL vIEETING vllNU"TES - DECEI-vIBER 19, 1995 - PAGE 11
• . •
few trees which become vulnerable to wind and insect damage. He
referred to this property's access which would mean that people would
be able to come to enjoy the area. I
Nlayoir Nicoli asked if portions of this property could be used for '
residential use to help pay for the purchase. NIr. White advised that
he thought this was a possibility; however, he was not advocating this.
The property is available for sale.
> Stephanie Williams, 13865 S.W. Fern Street, supported the Fern
, Street property for purchase for greenspace.
> John Lewn, 13990 S.W. Fern Street, Tigard, OR 97223, advised that
his property was protected by trees during the recent storm. He
advised that wind funnels through the valley where the Fern Street
property (F4) is located. If some trees are removed, then trees will be '
in danger of falling. He urged the Council to walk this property. '
> Sandra Lepper, 13829 S.W. Fern Street, Tigard, OR 97223, advised
she purchased her home because of its location. She said she would
hate to "see it destroyed."
> Mark Hereim, 13194 S.W. Clear View Way, Tigard, OR 97223
supported the property identified as F3.
> Liz Callison, 69395 S.W. Knightsbridge Drive, Portland OR 97219,
testified as a member of the Friends of West Hills Streams. She
supported the purchase of the Gage property. She advised she has
worked with Metro on open spaces and has also worked in a similar
fashion with a Clackamas and Washington County group. She urged
the City of Tigard to consider creative options to augment their share
of the local greenspaces funds to look at this money as seed money.
d. Council discussion followed. There was concern about the timing for some
. of the properties. For e.Yample, the Fern Street property is under
consideration at this time in a public hearing process for residential
develoQment. The Task Force will be formed utilizing CIT members which
will bring their recommendations to the City Council.
vlayor Nicoli suggested the Task Force consist of CIT members, Friends of
Fanno Creek and a Tualatin River special interest group. Councilor Hunt
advised he was against special interest groups being on the Task Force.
CITY COLJr`CIL iNMETLNG vI1vUTES - DECENIBER 19, 1995 - PAGE 12
• •
~ It was proposed that the iNiayor and Councilor Hunt meet with staff to
formalize the make-up of the Task Force. This. will be the topic of further
discussion at the January 9 Council meeting.
There was discussion about contacting the developer for the Fern Street
property to ask if they would delay their hearing process until the Task Force
could make a recommendation.
Council meeting recessed at 9:14 p.m.
Councilor Hawley left the meeting.
Council meeting reconvened at 9:55 p.m.
17. PUBLIC HEARING - S'Y'REET RENAME OF 109TH EXTENSION TO
SOLJTHWTST ROYALTY PARSWAY a. Pubiic hearing was opened.
b. City Engineer reviewed the staff report as submitted in the Council's meeting
packet.
c. Public Testimony: None
g. Ptiblic hearing was closed.
h. Council Consideration:
Nlotion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance
No. 95-35.
ORDINAi~1CE NO. 95-35 -A1N ORDP iAiNCE NAIVIING A iVEW STREET AS
ROYAI.TY PARKWAY
The motion was approved by a unanimous vote of Council present. (Nlayor
Nicoli and Councilors Hunt, Rohlf and Scheckla vote "yes.
13. CONTINUATION (FROM 11/14/95) OF PUBLIC HEARING - CONSIDERATION
i OF OFFERING PROPERTY FOR SALE LOCATED ON THE CORNER OF 99W
AND 72ND AVENLJE FOWNfERLY BiNOWN AS THE AMERICAN LEGION
PROPERTY AND SETTING A NEMMUM PRICE
a. Public hearina was continue f v
, d orm i ~1oember 14, 1995.
b. Finance Director Lowry summarized this agenda item and updated Council
on information pertaininc, to the easement which iNIr. Mel Anderson said was
on the property.
There was lengthy discussion with iVlr. Anderson, staff, and legal Counsel
with regard to the impact and/or validity of the easement. Mr. Anderson
could provide access on his own property; however, he advised that this
would "cost quite a bit."
CITY COUNCIL MEETING ~IPi"LfiES - DECEIMIBER 19, 1995 - PAGE 13 li
• •
c. Public hearing was closed.
d. Council discussion followed. If easement was acknowledged then the
property appraiser would have to review as the value of the property being
offered for sale would be affected.
e. Council consideration: Nlotion by Councilor Hunt, seconded by Councilor
Rohlf to adopt Resolution No. 95-72.
RESOLUTION YO. 95-72 - A RESOLUTION AUTHORIZING THE SALE
OF A CONIlvIERCIAL PROPERTY LOCATED ON THE CORNER OF 99W
AiND 72ND AVENUE FORMERLY ICNOWN AS THE AMERICAN
LEGION PROPERTY AYD SETTING 1NIININfUN1 TERNiS.
The motion was approved by a majority vote (3-1). (Mayor Nicoli and
Councilors Hunt and Rohlf voted "yes"; Councilor Scheckla voted "no.
19. NON-AGENDA TrEMS: None
20. ExEC'UTIVE SF,.SSION: The Tigard City Council went into EYecutive Session at
10:34 p.m. under the provisions of ORS 192.660 (1) (d), (e), (f), (h) &(i) to discuss
labor relations, real proQerty transactions, eYempt public records, current &
I pending litigation issues, and the performance evaluation of a public employee.
21. ADJO . 12:12 a.m.
Attest: / Catherine Wheatley, City Recorder "
~
iN yop; City of Tiga~
Date: / Z'--a~l ~
ccm1219.95
CITY COiTNCIL vIEETLNG MLNUTES - DECEVIBER 19, 1995 - PAGE 14
I
•
MEMORANDUM /a ~14P5
CiTY OF TIGARD, OREGON
TO: Lorna Stickel
FROM: Ed Wegner
DATE: December 27, 1995
SUBJECT: Draft Regional Water Supply Plan
The City of Tigard, City Council and staff have held numerous public workshops,
received public and staff input and have reviewed ihe Draft Regional Water Supply
Plan and have the following comments and recommendations:
aUEST10N #1 - Our policy values in priority order
• Quality - especially at the tap
• Costs
• Efificient use
• Sysiem Reliability
0 Environmental/Diversity of source
Other policy values mentioned:
• Cleaning up the Willamette River - no matter what happens to the
Willamette River as a source option, shauld be a top priority of the
Region.
QUESTION #2
• We would support strategy 1.5 as the recommended svategy for the
RWSP. We would also recommend in a very strong conservation
element in what svategy is finally agreed upon. The conservation
element should include but not be limited to conservation rates, outdoor
use, educational programs, plumbing code revisions, and industrial user
standards.
QUESTION #3
~
! . ~
• Changes recommended include more investigation on the use of gray
water for irrigation - tfie whole water reuse issue
• More community involvement, start at grass roots with school kids, civic
groups and other targeted groups. The success of the Plan will only
work if individuals within the region understand the purpose.
QUESTION #4
• We would support a formal consortium of agencies working together on
water issues in ihe region. A couple of areas this would benefit from
this consortium - working on capital projects that would benefit regional
' use and conservation education and programming and all agencies being
informal as to what othecs needs are.
The City of Tigard appreciates the regional concept of water supply pfanning, while
allowing agencies to continue to develop their own supply plans and begin planning
for their own future needs. We support the group and it is our intent to continue to
participate in these regional issues.
Thank you for allowing our input into the preliminary RWSP.
kaa,Yaw.p.n,~,
2- cq is-Li
Name Final Or ed r Number
ANNEXATION FOLLOW-UP PROCEDURE
1. Receive Final Order from Boundary Commission. Date U•
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. Notiiy agencies of annexation (see list attached). Letters must
be sent by certifled mail to:
General Telephone Co.; Pacitic NW Bell Telephone; NW Natural Gas;
Unified Sewerage Agency; MACC; Portland General Etectric;
' Tualatin Valley Water District; Pride Disposal; Miller's Sanitary
Service, Inc.; Schmidt's Sanitary Service.
I Only send letter to OLCC if a liquor license outlet is involved. Date
/
/6. Send Mayor,s welcome letter to newly annexed citizens at each
address (include New Citizen Packet with letter).
(Atso check with City Recorder if annexation 90 days before primary
or general election on even years or 34 days prior to any special ~
election date.) Date
7. If the area being annexed has a hotel or motel, notify Washington
County for receipt of Transit Room Tax. Date
8. If there are businesses in the newly annexed area notifir Business
Tax Coordinator for the City. Date
9. City Recorder has a file folder titled "TRUE CASH VALUE." This
file is to be kept up-to-date with annexation statistics at all times! Date
10. Complete and mail Portland State Questionnaire, when received.
Include cover letter, completed questionnaire and individual
census forms to: (Retain copy for our files)
Annexations
Center for Population Research & Census
Portland State University
P.O. Box 751 ✓
Portland, OR 97207 Date
11. Place annexation file folder in Central Files. Place all material
in date order. Type label to reflect annexation name, Boundary
Commission Order number along with location description. Date
h: \log i n \jo\an nexp ro.1
Revised 03/95
I
~OTICE TO TAXING DISTRICTS ~
ORS 308.225
OREGON DEPARTMENT OF REVENUE This is to not'rfy you that your boundary
I
Carta3raPhic Unit change in Washiristort County, for
955 Center Street NE AiVidEX TO TtiE CITY OF
Salemr Ok 97310 TIGARD. GfITHDRAW FRCIM
(503) 945-8287 WASIiINGTON CAe ENNAPlCED
FAX (503) 945-8737 SHERIFF F'ATROL
TDD (503) 945-8617 FoOo # 3554
~ has been:
CITY OF TIGARU ~ Received 3-21-46
FINANCE DIREfTOR
13125 SW HALL BLVD
TIGARD Ok 97223 ~ Approved 3-29-96
Notes:
❑ Disapproved (see notes)
I
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue file number: D(lR 34-1118-96 i4i{ce Iiushes
Boundary: [3 Change ❑ Proposed change ❑ Planned change
The change is for:
❑ Formation of a new district ~ Description
91 Annexation of aterritory to a district C~ Map * LIESCRIPTIOiV AidD MAP APPROV[I1 ~k
El Withdrawal of a territory from a district ~ 3-29-96 *
❑ Dissolution of a district ~ AS PER ORS 308.225
~X
❑ Transfer
❑ Merge Received from: P•Mo B. C.
150303-039 (Rev. 12-93)
Dlstrlbutlon: Whfte - taxing dlat. Canary -county assessor Plnk- Dept. of Revenue Goldenrod - county commissloners or Caunty CourVBoundery Commlssbn (II approprlate) I
. _ t .
CITY OF TIGARD
OREGON
Apn7 3, 1996
Mayor
Tim Nooli
I.eonard Greco .
8151 Simms Sl. City Council
Arvada, CO 80005 P&W Ebid Brian Moon
Dear Mr.Greco: Bob Robl[
Bea Schodda
We received offidal notification that the annendon proposal you reqaested became final. 11te effective dete oi
the annexuLtoa was March 7, 1996. On behalf of the City Camcfi, I weloame yon to the City of Mgard.
bnergencp Public ssPety service.s can be reached by dialing 9-1-1. 'lbe Flre Dtstiid ooatinues to serve qou as
before. 1be Mgard Police Degarhne,nt wID now respond iastead of the SheritY's Department. Please call the
PoHce Department for any public safety ooncerns you may have.
1%ard is proud ot fts weU-nm fachties. Stree# maintenance snd sewer line servtces are provided by the City.
Uaitied Sewerage Agency iS responnble for sewage treatment thrnug6 a contrad wtth ffie City. Your sewer billing w71 be handled thrnugh a City billing process iastead of through the County tax bffl. Water service will
continue through t6e 1lgard Water Department as before.
TLe City 'of llgmd's I.ibrary and its assocladoa wit6 the Washingtoa County Idbrary Service oPfas you first-
race libraxy servtoe ana aocess to jusc aba,t any sub3ed. our Fbnanoe ana Admlubtratton Departneas are
, ortented to good cftizea savice and we ask that you not heitate to ca11639-4171 if you 6ave any questioas or
oonceras.
Once again, I wis6 you asincere welome.
. Sin ,
J es Nicoti
' yor
~ enclasure
L•1ahnVolwdcame.doc
13125 S1N Hall Bivd., Tlgard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. CITY OF TIGARD
OREGON
Apri13, 1996
Mayor
J'nm Nwoli
Joseph Fagan and Diane Bushell C'~h' Council
11060 SW Fonner Street pma nmi
rgard, OR 97Z?3 Briao Moore
Bob RoWt
Dear Mr. Fagan and Ms. BusheII: Km Scheclda
We received offidal not&ation that the snnexation proposal yon reqaested became 6na1. 'lhe effedive date of
the anneutton was March 7, 1996.
Ou behalf of the City Councit, I welcome you to the City of 1lgard. 1be County Flections Department has
been notified; they wffl update your voter registration so you can vote on '15gard issues and candidetes.
Fmergency public safety services can be reached by dialing 9-1-1. 1Le Fire Distrid oontinues to serve you as
before. 1be 11gard Police Department wffl now respond instead of the Shuift's Depardneat. Please caU the Police Department for any pubtic safdy conceras you may have.
rqard 'as prnud of its well-run fac7ities. Stred maintenance and sewer line servtces are provided by t6e Crty.
Unified Seweme Ageacy fis rrsponsEble [or sewage treabneat through a oonbrad with the City. Your sewer
biMng will be hendled tbrough a City bining process iastead of through the County tax bill. Water.seivice wID
continue throug6 the IYgard Water Departinent as before. ,
'Ibe City of 1lgnd's Library and ifs association wit6 the Weshingtoa County Idbrary Servke otTers you £ust-
rate hbrary servke ana acoess to just abonc sny subjecc. our FTnance ana Adminis~r~ion nepartmeats are
oriented to good citizen service and we ask that yon not hcsitate to caU 639-4171 if you have any questions or
concecvs.
Once again, I wish you a sincere weloome. _
S,
~
oli
enclosurei:ladmVolwekame.doc
13125 SV1/ Hali Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
- • .
CITY OF TIGARD
OREGON
' April3, 1996
Mayor .
. J'm Nooli
Jon and Jndith Fessler CBY council
11180 SW Fonner Sh-eet Paul Bmt
Mgard, OR 97223 Brian Moor+e
Bob Rohl[
Dear Mr. and Mrs. Fessler: Bes Scbeckla
We received dRcid notiticstlon that the snnematlon proposal yon requested became fwel. 'Ilne effedive date of
the annexatton was Macrh 7, 1996.
On be6alf oi the City Camdl, Iwdoome yon to the City drigard. '!be County F1eddoa4 Deparhne,nt has
bcea notified; they wffl apdate your vater regshatlon so you can vote onTqard ISSUes and candidatcs.
Emergency pablic safety servka can be reached by dialing 9-1-1. 'lbe FTre DistrTd continues to serve you as
before. 'lbe 'Ilgard PoLke Deparbnent will now respond iastead of the Sherift''s Departme.nt. Pfease call the
Aolice Deparhnent [or any pubik satety conceras yon may have.
19gard is proud of its welt-run facilities. St-eet maintenance end sewer line services are provtded by the City.
Unified Sewerage Agency is respomEble for sewage treatment througb a oontrad with the City. Your sewer
bIDing wID be handled tht+ough a CTRy bMing process ikstead oP tLrough the County tax bffl. Water service will
c,ontinue through the'IY~igard R►ater Depiufment as betore.
'lbe City of 15g,ard's Library and its association witL the Washington Couaty IArary Service offers you first-
rate library servce ana aocess co Just about any subJect. Our Fnence and Adminisbutlon Departments are
oriented to good citizea service snd we ask that you nat heitate to ca11639-4171 i[ you have any questions or
conceras.
Once I wish yon a sincere weloome.
Sin ,
Niooli _
yor
.
enclasvre
MaftVolwdoome.doc
13125 S1N Hali Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
I
,
~
CITY OF TIGARD
OREGON
Apn7 3, 1996
I Mayor
Jim Nmoli
Robert Davis
11195 SW Fonner Shvet Cih' COuncil
llgard, OR 97223 Paul Hunt
Brian Moore I
Dear W. Davis: Bob RoWi
Bea Schaicfa
We received ofRdal nadfication that the smexation proposal you requested became fual. 'ILe effedive date of
the annexstlon was Mai+cb 7, 1996.
On behalf of the City Counc7, I welcome you to the City of Ilg,ard. 1Le County Flectloas Deparfinent hes
~ been notified; they wffl apdate your voter regbbudm so you can vote on T%ard issues and candidates.
I Emergenc7' Public safety services can be reached by dialing 9-1-1. 'Ibe Flre District continues to serve you as
before. '1Le Ilgard Pblice Department wffl now respond instead of the SheritTs Department. Please call the
Pblice Deparhne,nt for siry pnblic safety conceras you may have.
rqard is proud of fts well-nm facMes. Street maiateaance and sewer line services are provided by the City.
~ Unitied Sewerage Agency is respoimble for sewage treatment through a oontract wH6 the City. Your sewer
~ billing w71 be handled through a City bffl'mg proccss instead of through the Coumty tax bffl. Water service will
i continue thrnugh the Ilgard Water Departmeat ag before. .
The Crty of 1lgard's Idbraty and its assodatlon with the Washington County Iabrary Service offers you first-
rete h'brary serotce ana access to Just aeouc any sw,jecc. our Fbance ana Aam.ntsaation nepartmems an ~
oriented to good dtlzen servtce end we aSk that you not hcdtete to ca11639-4171 if you have any questIoas or I
concerns. I
I
( Once again, I wis6 you a sincere weloome. '
S ,
` J es Ncoli
~ y°~ -
~dmum
L•1AaVo%.►elcame.aoc
1
{ 13125 S1N Hcall Bhrd., Tigard, OR 97223 (503) 639,4171 TDD (503) 684-2772
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley,
Gary Alfson, Randy Volk, Jill Aldrich, Kathy Davis
FROM: Ray Valone
DATE: March 27, 1996
SUBJECT: Final Order on Annexation 3554 ZCA95-0006 (Fessler/Davis)
We have received the final order on Annexation 3554 ZCA95-0006 (Fessler/Davis),
effective March 7, 1996. A map of the annexed property is attached. Census information
is as follows:
Final Order 3554:
Owner:
Jon & Judith Fessler 2S103AC-01700, Vacant
11180 SW Fonner St.
Tigard, OR 97223
Robert Davis 2S1 03AC-01 503, 1 SF Dwelling
_ 11195 SW Fonner St. Est. Population - 2
Tigard, OR 97223
Leonard Greco 2S103AC-01000, 1 SF Dwelling
8151 Simms SI Site Address - 11435 SW Fonner St.
Arvada, CO 80005 Est. Population - 2
Joseph Fagan & Diane Bushell 2S103AD-00802, 1 SF Dwelling
11050 SW Fonner St. Est. Population - 2
" Tigard, OR 97223
March 27, 1996
FINAL ORDER ON ANNEXATION 3554 ZCA95-0006 (FESSLER/DAVIS)
We have received the final order on Annexation 3554 ZCA95-0006 (Fessler/Davis),
effective March 7, 1996. A map of the annexed property is attached. Census information
is as follows:
Final Order 3554:
Owner:
Jon & Judith Fessler 2S103AC-01700, Vacant
11180 SW Fonner St.
Tigard, OR 97223 Robert Davis 2S1 03AC-01 503, 1 SF Dwelling
11195 SW Fonner St. Est. Population - 2
Tigard, OR 97223
Leonard Greco 2S1 03AC-01 000, 1 SF Dwelling
8151 Simms SI Site Address - 11435 SW Fonner St.
Arvada, CO 80005 Est. Population - 2
Joseph Fagan & Diane Bushell 2S103AD-00802, 1 SF Dwelling
11050 SW Fonner St. Est. Population - 2
Tigard, OR 97223
Please call if you have any questions. '
~Ra?vya o neI/G
Community Development Department
i:\cd a d m\j e rre e\a n n ex\a n n ex m e r
, ' • •
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: 3554 - Annexation of territory to the
City of Tigard.
Proceedings on Proposal No. 3554 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consents from the City on December 29, 1995
requesting that certain property be annexed to the City. The resolution and consent meets the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B).
Upon receipt of the petition the Boundary Commission published and posted notice of the public
hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on March
7, 1996. The Commission also caused a study to be made on this proposal which considered
economic, demographic and sociological trends and projections and physical development of the ,
land. ,
The Commission reviewed this proposal in light of the following statutory guidance:
"199.410 Policy. (1) The Legislative Assembly finds that: '
"(a) A fragmented approach has developed to public services provided by local
government. Fragmentation results in duplications in services, unequal tax bases and
resistance to cooperation and is a barrier to planning implementation. Such an ap-
proach has limited the orderly development and growth of Oregon's urban areas to the
detriment of the citizens of this state.
"(b) The programs and growth of each unit of local government affect not only
that particular unit but also activities and programs of a variety of other units within
each urban are-a.
"(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 a9e* rather than several governmental ocies 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
govemmental structure that promotes efficiency and economy in providing the widest
range of necessary services in a manner that encourages and provides planned, well-
ordered and efficient development patterns.
"(3) The purposes of ORS 199.410 to 199.534 are to:
"(a) Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in order to prevent illogical extensions of local government
boundaries and to encourage the reorganization of overlapping governmental agencies;
"(b) Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
"(c) Provide an impartial forum for the resolution of local government jurisdictional
questions;
"(d) Provide that boundary determinations are consistent with acknowledged
local comprehensive plans and are in conformance with state-wide planning goals. In
making boundary determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
comprehensive plan provides inadequate policy direction shall the commission consider
the statewide planning goals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
"199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) Territory within a city may not be included within or annexed to a district
without the consent of the city council;'
"(b) Territory within a city may not be included within or annexed to another city;
and
Final Order - Page 2
• • 11 • • ~
I (c) Territory within a district may not be included within ol'~nnexed to another
district subject to the same principal Act."
The Commission also considered its policies adopted under Administrative Procedures Act
(specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and
decisions and past direct and indirect instructions of the State Legislature in arriving at its decision.
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto.)
ORDER
On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commis-
sion approved Boundary Change Proposal No. 3554 as modified on March 7, 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 May 22, 1996 in accordance with the
requirements of ORS 199.519".
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
DATE: BY:
' Ulfhair
ATTEST:
" This proposal would ordinarily be effective immediately. However ORS 199.519 provides
that no boundary change can be made effective within a period of 90 days of a primary
electiondate. The Primary is May 21, 1996.
Final Order - Page 3
~ • Exhibit A
Proposal No. 3554
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory contains .56 acres, 1 single family dwelling, an estimated population of 2 and is
evaluated at $109,420.
2. The owners of the northern parcel wish to obtain sanitary sewer service for their existing
residence. The owners of the southern parcel have their residence on the parcel directly to
the south inside the City and simply want to have all of their property under a single
jurisdiction.
3. The Boundary Commission has three adopted policies. The first of these policies states that
i r
the Commission generally sees cities as the primary prov de s of urban services. Reco9nizin9
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
, Final Order - Page 4
' • • Exhibit A
Proposal No. 3554
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 a"city limits" plan. The County's plan and ordinances remain
applicable unless the City takes other action after the annexation is effective.
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; 10.1.2, Boundary Criteria and
10.1.3 Zoning Classification. The pertinent Tigard Community Development Code sections
are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification.
The City staff reviewed these policies and codes and concluded the proposal was consistent
with them. Their conclusions are included below:
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 and 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 properties.
3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will
not create a boundary irregularity in this area; the Police Department has been notified
of this request and has no objection; the affected land is located within the city's
urban planning area and is contiguous to the city boundary; and adequate services are
available to accommodate the properties.
1. Code Section 18.136.030, requiring approval standards for annexation proposal, is
satisfied because: a. Service providers have indicated that adequate facilities and services are
available and have sufficient capacity to serve the affected sites.
b. Applicable comprehensive plan policies and code provisions have been
reviewed and satisfied.
c. The zoning designation of R-4.5 most closely conforms to the county designa-
tion of R-5 while implementing the city's Comprehensive Plan designation of
Low Density Residential.
d. The determination that the affected properties are established areas is based
on the standards in Chapter 18.138 of the code.
Final Order - Page 5
• • Exhibit A
Proposal No. 3554
2. Code Section 18.138, providing standards for the classification of annexed land is
satisfied because the properties shall be designated as established areas on the
development standard areas map of the comprehensive plan.
, 9. There is an 8-inch City sewer located in SW Fonner Avenue, adjacent to the northern
property.
The territory is within the Unified Sewerage Agency of Washington County as is the City.
The Unified Sewerage Agency has a standard agreement between the Agency and the large
cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and
Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction
and maintenance standards for sanitary and storm water sewer facilities, 2) follow and
accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's
consent before issuing construction permits within wetlands, floodways and floodplains. The
agreement provides that the city owns and is responsible for sanitary sewer lines under 24
inches in diameter within the City limits and for storm water facilities within the City limits as
identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all
industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees
not to extend sanitary sewer service to areas outside the City within the City's Urban
Planning Area (as identified in the City-County UPAA) unless the City approves.
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 U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of
treatment and transmission of the sewage or storm water. The City may impose higher costs
than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 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 U.S.A..
U.S.A. 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. A six-inch water line located in SW Fonner Street serves the territory to be annexed.
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.
, Final Order - Page 6
~ • Exhibit A
Proposal No. 3554
Currently the City charges $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 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 5.2886 per $1000 assessed value will no longer apply to the property.
The parcel has approximately 84 feet of frontage along SW Fonner Street, which is classified
as a minor collector.
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 it will
be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source. Street lights are required by the City in
residential subdivisions. Upon installation of street lights by a developer to City standards,
the City accepts dedication of the street lights and takes on ongoing operation and mainte-
nance costs.
16. Tigard operates a park system funded through its tax base which finances the general fund.
Tigard has 6 developed recreation park sites.
There are eleven public libraries in VVashington County, nine of which are provided by cities,
including Tigard.
Final Order - Page 7
• • Exhibit A
Proposal No. 3554
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.
17. There is natural storm drainage located along SW Fonner Street, adjacent to the site.
The Unified Sewerage Agency levies an annual assessment for storm drainage services of
$36 per dwelling unit of which 824 goes to the City.
18. The owners of TL 802 SE 1/4 NE 1/4 Section 3 and TL 1000, SW 1/4 NE 1/4 Sec. 3, all in
T2S, R i W, Washington County, Oregon submitted petitions to included in this proposal.
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal should be modified to include TLs 802 and 1000 as requested by the owners.
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)
Final Order - Page 8
. !II
• • Exhibit B
Proposal No. 3554
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
Four parcels situated in the Southwest and Southeast quarters of the Northeast quarter,
Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon, described as follows:
Parcel A:
The South 98 feet (approximately .22 acres) of the following described property:
Beginning at a point in the centerline of Fonner Road (C.R. No. 495), said point being S
00 ° 53' W 2216.8 feet and N 87 046' E 723.4 feet from the north quarter section corner
of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon; thence continuing N 87046' E 98 feet to a point; thence S 02000'30" E
336.54 feet to an iron pipe; thence S 87046' W 98 feet to an iron pipe; thence N
02000'30" W 336.54 feet to the point of beginning of this description, EXCEPTING that
portion of land lying within the right-of-way limits of said County Road No. 495.
Parcel B:
A tract of land in the Northeast one-quarter of Section 3, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, described as follows:
Beginning at a point which bears N 87046' E a distance of 200 feet from the southwest
corner of HUMBOLT CREEK ESTATES; thence N 00039' E a distance of 179.10 feet;
thence S 89058' E a distance of 83.45 feet; thence S 00039' W a distance of 175.79
feet to the northerly right-of-way of SW Fonner Street; thence S 87046' W along said
northerly right-of-way, a distance of 83.56 to the Point of Beginning.
Parcel C:
A tract of land in the Northeast one-quarter of Section 3, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, described as follows:
Beginning at the southwest corner of the John L. Hicklin D.L.C.; thence N 25001'42" W a
distance of 427.51 feet along the westerly line of said D.L.C.; thence N 87007'25" E a
distance of 90.63 feet to the TRUE POINT OF BEGINNING; thence N 25013'15" W a
distance of 180.67 feet to the south right-of-way of SW Fonner Street; thence N
87 ° 16'45" E, along said south right-of-way, a distance of 89.90 feet; thence S
25004'45" E a distance of 180.22 feet; thence S 87007'25" W a distance of 89.32 feet
to the True Point of Beginning.
' Modified 3/7/96
I Final Order - Pa9e 9
• • Exhibit B
Proposai No. 3554
Parcel D:
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 3,
T2S, R1 W, W.M., Washington County, Oregon, more particularly described as follows:
Beginning at the center line of said Section 3, being the centerline intersection of SW
Fonner Street and SW 115th Avenue: thence N 000 53' E a distance of 462 feet to a
point in the centerline of said Fonner Street; thence N 87046' E a distance of 115 feet to
the TRUE POINT OF BEGINNING, also on said centerline; thence from said True Point of
Beginning N 00 ° 53' E 332.35 feet, more or less, to a point; thence S 87 °46' W 115 feet
to a point on the southern boundary of the plat of WALNUT GROVE (Lot 12); thence N
55 045'02" E, along said southerly boundary 290 feet, more or less, to a point being 100
feet perpendicular with the west boundary of the plat of HUMBOLT CREEK ESTATES;
thence S 00059' W 460 feet, more or less, to the northerly right-of-way of SW Fonner
Street; thence N 87046' E along said northerly right-of-way, 100 feet; thence S 00053'
W 40.06 feet to the southerly right-of-way; thence S 87046' W along said southerly
right-of-way 212.3 feet; thence N 00053' E 20 feet, more or less, to the True Point of
Beginning.
Modified 3/7/96
Final Order - Page 10
PROPOSAL ■ 3554
SW1/4 NE1/4 SECTION 3 T2S R1W W.M.
Washington County 2S 1 3AC
Scale: 1 " - 200' >>/l C JNil 1 C rl A
a'9 .o• ,
~ .,.•,a i i / ~9~ us.. j
W ' ~ A
~ca~ V • 34 ~1 7 ~ W 7
~ D000 ~ 2~00 2800
2480 w= ~Q • 3 202 210.
.aa~~. m Q ~ ..sec
~ ~
320o .3300 : T = j j ! Z51
6
4700 ~ L~ + -
i ~ 16 u..a~ - " - ~ ~ - - _ ~ m.. N ~t.• l~
I 3600- 3300 1 ~ itoo O -
I 00 S 204 ^y W
o +I u ~
~3 ' • ' 3 :~i
~ 6cc ~..u '`DJ~. w•,4'S I
~ 4S
n•.~ /va~`
'A'
'a°° ~ STREETb
TIGARD
7 / L 1 o.qr o1 Lot io
e400 i.i 0Z ~ 10 /ctHO .uc,n
203 B .:~.o. ar
~ ' Q, n•~ 0 ~r • na ' - -n. :i:" ~tL"ti_ _ L _
i ~ t~~~IS'• I •~IM~NT
tA 010 '.5 9 ~6000 SB00 , ~T 600
\ r~ °200 10 .o+ 0700 9~'V
a3pp ~i 900
~y .67.1r.Z
. ^ 1 A 5e00 ~ 1~ 5 MOP
:e a e :A~ 7 ' 23 ~ 8 i sno
i 380 , : ~O~o A ti...,. y` F,:..-o: i :a~•
.7~0o y =~r `i : S o• ..,r'~~'Q ~ o .
' ' • 6 ~ ~ • ~e. FOR n55E5SMENT PURPO
1100 g5300 ~~Q ~ I501 y 00 NOT qELY ON FOH nN'
./74. •~Y~~i ~Oe ~R S2~ ~ ~e0' •e ll1e. ,1,
~Parcel ~D' Q ~aoo - 3 1300 ~1401
O.~{~c R l7 F~Q31A1 ' 1SOa J.15WO2
.7'Ae .l4Ae. e^~
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Parcel B ;
ui
FO N N E - ST.
: :o,...
t , ~ . . . .
~ 23M ZZOO Z,o~ aloo Zooo 1900 1a~ ; 1701 1600 qREA TO BE
o.a=~e O.SO♦ L23Ae P4Ya .JOAe. LIXYC wK.
4 ~ ANNEXED
z<oo . Y ,a Parcel A -:15:..`•~ -JAe g t~
` .
eo
rop o•
2800 1 r ~e :••w::.:i: ...r.
ua~. :I
i70
c
2 ~
~
ti •
••~~r ~a+r ~
~ ~uar
PROPOSAL NOa 3554
CITY OF TIGARD
ANNEXATION
FIGUREm
• • ,
'
PROPOSAL ■ 3554
}
SE1 /4 NE1 /4 SECTION 3 T2S R1 W W.M. 2S 1 3AD ,
Washington County
Scale: 1 200' ~
~
. , S. W. - -ERROt z ~ -STREET - - r ~
~ t0 10
S02 00T 306 503 ; SOS 460 40 4 { 40 200 107
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T„~~.~~C' •r.;~._
i •
/~oatir,Ca~ PROPOSAL NOo 3554
CITY OF TIGARD
ANNEXATION
FIGURE 2b
(_~sTG ~ c3 r~ 4C.
~ • ,Si A.rF a.tiJ .3 2 j ! ~
. .
ANNEXATION DESCRIPTION A TRACT OF LAND IN THE NE ONE-QUARTER OF SECTION 3, TOWNSHIP 2
SOUTH, RANGE ONE WEST, WILLAMETTE MERIDIAN WASHINGTON
, COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE JOHN L. HICKLIN DLC
THENCE N 25° 01' 42" W A DISTANCE OF 427.51 FEET ALONG THE WESTERLY
LINE OF SAID DLC ; THENCE N 870 07' 25" E A DISTANCE OF 90.63 FEET TO
THE TRUE POINT OF BEGINNING; THENCE N 250 13' 15" W A DISTANCE OF
, 180.67 FEET TO THE SOUTH RIGHT OF WAY OF S.W. FONNER STREET;
THENCE N 87° 16' 45" E, ALONG SAID SOUTH RIGHT OF WAY, A DISTANCE
OF 89.90 FEET; THENCE S 25° 04' 45" E A DISTANCE OF 180.22 FEET; TI-ENCE
S 87° 07' 25" W A DISTANCE OF 89.32 FEET TO TFE TRLTE POINT OF
BEGINNING.
i:~g\;dmrb\sozsnD.nrrx
, .
ANNEXATION DESCRIPTION
A TR.ACT OF LAND IN THE NE ONE-QUARTER OF SECTION 3, TOWNSHIP 2
SOUTH, RANGE ONE WEST, WILLAMETTE MERIDIAN WASHINGTON
COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
' BEGINNING AT A POINT VVHICH BEARS N 87° 46' 00" E A DISTANCE OF 200
FEET FROM THE SOUTHWEST CORNER OF HUMBOLT CREEK ESTATES;
THENCE N 000 39' E A DISTANCE OF 179.10 FEET; THENCE S 89° 58' E A
DISTANCE OF 83.45 FEET; T'HENCE S 000 39' W A DISTANCE OF 175.79 FEET
TO THE NORTI-ERLY RIGHT OF WAY OF S.W. FONNER STREET; THENCE
S 87° 46' W, ALONG SAID THE NOR'THERLY RIGHT OF WAY, A DISTANCE
OF 83.56 FEET TO THE POINT OF BEGINNING.
i:kng\johtufi\I5033ACAMX
.
, March 7, 1996 Hearing
PROPOSAL NO. 3554 - CITY OF TIGARD - Annexation - Additional /nformation
Petitioner: City of Tigard; Jon and Judy Fessler; Robert J Davis
90th Day: Marcii 28, 1996
PROPOSED MODIFICATIONS
The owners of two properties which are in c(ose proximity to the area to be annexed desire
to have their properties included in this annexation. They have submitted petitions for
annexation.
The first property is Tax Lot 802 of the SE 1/4 NE 1/4 Sec. 3, T2S R 1 W, W.M., Wash.
Co., OR. This lot is located on the south edge of S.W. Fonner approximately 300 feet east
of the northernmost parcel in the ariginal proposal. TL 802 consists of .38 acres which
contains 1 single family dwelling, an estimated population of 2 and is assessed at
$108,640.
The second property to be added to this proposal is Tax Lot 1000, SW 1/4 NE 1/4 Sec. 3,
T2S R1W, W.M., Wash. Co., OR. This lot is located on the north side of Fonner Street
approximately 500 feet west of the original area. This lot contains 1.27 acres, 3 single
family units and a population of 4. These owners indicate they wish to partition the
property.
The information contained in the original staff report relative to planning, service availabili-
ty, etc. is also applicable to these two additional properties.
RECOMMENDATION
The staff recommends that Proposal No. 3554 be modified to include the two above
described additional properties and approved.
Proposai 3554 - Page 1
Additional Information
i
~
~ s 315ro
fo p ospu 0 2S ~ 3AO
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TION 3 ~2s RIw W.M.
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3554
. pRpPOS~~.~IGARD
pNNEXAT ION
F ZGURE 3a
~ PROP 0 AL NO ~
~
~ 3554
SW1/4 NE1/4 SECTION 3 T2S R1W W.M. 2S 1 3AC
Washington County
~ ,~C ~
Scaie: 1 " - 200' iJ ,~il J ~ rl ~1 = ~ •
~ ; • "'r ~.''9 ' s
,.o r w
W ~ / :x90o
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.aa.c ,,,c,I N
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~-GT00,
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6
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00 3 20• i w
y C/ v
IS 3 O~ W ~
6L~ aa..~- +~^y n.s~ ~ u~eo~ ~~ua~
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T1GARD3eO°
, Li o, t.a.,o
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A. ~ Y 3eo 203 l~ :f+
~ .
. e 1• e .w.o~, S. 1"n~ ~ L '•o
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asoo soo
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IILLJ O 5°+• e L~IU y .I I
'7Q 9 I
A
F-. ~
..-.•~ua'.- ~ `5300 sSOC
FOR a55E55MfN' PURVC i
1100 \ Q¢ ~ 1501 r DO NOT RELY ON fOR 6H'
.aa.k. \ O LL ae ~R 5200~F.
p a 1200 ijoo iooi •
\Q O o.~a~c R w~ 0.3uc tt.~r 't'.};•.:'.
\ . ~ea M ~fS03'ISOt ySp2 "
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Z `
_ • ~ ~ 1~~J~r r ~400
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..>..R . . , . . . .
La i... mi nra.. r. .
1701
1600
2500 2200 Z1O~ 2~00 2000 1900 1e00 A R EA
.
~ TO B E
. Z~
r.~..~
~ " 2 4 f
ANNEXED
r ~••s»3_. _ :
` - - _ :I: ~ ' . i
~ •sa•i m • ~ ' ~ y _ . .
24pp p .lS:.._ ,
.•ye ~ , ~
V • - •~~a•M's ~
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u1 • 101 O'
2600 ~ ~ ) }i}; :fi ■
23
~ 4.1
2 4 .
' ~
~
• . ~10~~ i
PROPOSAL NOo 3554
CITY OF TIGARD
ANNEXATION
FIGURE 3b
' -a ~ • .
v
CITY OF TIGARD
OREGON
February 23, 1996
Ken Martin, Executive Officer
Portland Metropolitan Area .
Local Govemment Boundary Commission
800 NE Oregon Street #16
Suite 540
Portland, OR 97232
Dear Ken:
I am writing to submit the enclosed forms for adding to Proposal No. 3554,
a double majority city-initiated annexation proposal (Tigard ZCA 95-0008).
If you have any questions or need additional information, please call me at
639-4171. Thank you for your prompt attention to this matter.
Sincerely, .
Ray Valone, AICP
Associate Planner
Enclosures
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. • ~ •
~
~ INFORMATION SHEET
Property To Be Added To The Annexation
Land Area: Acres_ RC- . or Square Miles
Existing Land Use:
Number of single-family unitsNumber of multi-family units 0
Number commercial structures C) Number industrial structures
Public facilities or other uses v
What is the current use the land proqosed to be added to the annexation: _
Total current year Assessed Valuation $
Total existing population A A-cL14- A, CA-,;A26,,`
If the property to added to the annexation is entirely or substantially undeveloped,
what are the plans for future development? Be specific. Describe type (residential,
industrial, commercial, etc.), density, etc.
i~v o 2 L..,,.1~ ~ ilo
I
~ PititAL GB C FORM #1 5•
PETITION FOR AIVNEXATION TO THE CITY OF OREGON
T0: The Council of the City of /.,A-r Oregon
We, the undersigned property owners of and/or registered voters in the area described below,
hereby petition for, and give our consent to, annexation of the area to the City of
r'; 6-1 mc~l . If approved by the city, we further request that this petition be
forwarded to the Portland vietropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The properry to be annexed is described as follows:
~ (Insert Legal Description lcere OR attaclc it as Exhibit "A")
~
17
' Revised 11/93
I
. . -
• • ~ il
PMALGBC FORM #16
CERTIFICATION OF PROPERTY OWNERSHIP
- (Double Majority Method)
-
I hereby certify that the attached petirion for annexation of the territory described therein to the City
of contains the names of the owners* of a majority of the land area of the
temtory to be annexed, as shown on the last available complete assessment roll.
p
NAME ~ -
TITLE
DEPARTMENT
COUNTY OF
L/i
DATE r\T PJL~u
* "Owner" means the owner of the title to real property or the contract purchaser of real
. property.
PMALGBC FORM #17
' CERTIFICATION OF REGISTERED VOTERS C
3 / 3~ C t
I hereby certify that the attached perition for annexation of territory~'described herein to the City of
T
la
f}9- contains the names of at least a majority of the
electors registered in the territory to be annexed.
NAME /164~0h C( ~-T,
.
TITLE 5~Cz2cs ~~d~
~.~S
DEPART i~NT A t / '-7~7o-COUNTY OF
DATE c2 -
18
Revised 11/93
. ~
• .
~ PMALGBC FORM #4
CERTIFICATION OF LEGAL DESCRIPTION AND MAP
I hereby certify that the description of the property included within the attached petition (located on
Assessor's Map ~ .J I ~T L )
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 ~
rrrT.E
~
DEPARTMENT d- '1 b
COUNTY OF ,
DATE C Q. ~
19
Revised 11/93
. . ~ ~
ANNEXATION DESCRIPTION
A TRACT OF LAND IN THE SW ONE-QUARTER OF THE NE ONE-QUARTER OF
SECTION 3, TOWNSHIP 2 SOUTH, RANGE ONE WEST, WILLAMETTE
MERIDIAN WASHINGTON COUNTY, OREGON, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER LINE OF SAID SECTION 3, BEING THE ~
CENTERLINE INTERSECTION OF SW FONNER STREET AND SW 115TH
AVENUE; THENCE N 00° 53' E A DISTANCE OF 462 FEET TO A POINT IN THE
CENTER LINE OF SAID FONNOR STREET; THENCE N 87° 46' E A DISTANCE
OF 115 FEET TO THE TRUE POINT OF BEGINNING, ALSO ON SAID CENTER
LINE; THENCE FROM SAID TRUE POINT OF BEGINNING N 00° 53' E 332.35
FEET MORE OR LESS TO A POINT; THENCE S 87° 46' W 115 FEET TO A POINT
ON THE SOUTHERLY BOUNDARY OF THE PLAT OF WALNUT GROVE (LOT
12); THENCE N 55° 45' 02" E. ALONG SAID SOUTHERLY BOUNDARY 290 FEET
MORE OR LESS TO A POINT BEING 100 FEET PERPENDICULAR WITH THE
WEST BOUNDARY OF THE PLAT OF HUMBOLT CREEK ESTATES; THENCE
S 00° 59' W 460 FEET MORE OF LESS TO THE NORTHERLY RIGHT-OF-WAY OF
. SW FONNER STREET; THENCE N 37° 46' E, ALONG SAID NORTHERLY RIGHT-
OF-WAY, 100 FEET; THENCE S 0° 53' W 40.06 FEET TO THE SOUTHERLY
RIGHT-OF-WAY; THENCE S 87° 46' W, ALONG SAID SOUTHERLY RIGHT-OF-
WAY, 212.30 FEET; THENCE N 00° 53 E 20 FEET MORE OF LESS TO THE TRUE
POINT OF BEGINNING.
0
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PMALGBC FORILI #19 !
(This jorm is NOT the petition)
ALL OWNERS OF PROPERTY AND/QR REGISTERED VOTERS INCLUDED IN BOUNDARY
CHANGE PROPOSAL AREA
(To be completed IF the proposal contains 10 or fewer land owners/registered voters.
Please indicate the name and address of all owners/voters regardless of whether they
signed an annexation petition or not.) This is for notificarion purposes.
NAME OF OWNER/VOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, secrion number,
Township and Range)
2- E-I 0 2 51-J C-I L~tia Gi e,cat.~'
(1) -7'7 o G 2 25 f 3AC oc, <
(2)
(3)
(4)
(5)
,
(6)
(7)
20
Revised 11/93
•
PMALGBC FORM #20
DO UBLE MAJORITY WORK SHEET
Please list all properties/registered voters included in the proposal. (If needed, use separate sheet for
additional listings). -
PROPERTIES ~
Property Assessed SiQned Petition
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
25 f 3/-4:s:c--
c~v L~D,,~ Cs~ r~c~ `27 12 O 7 0 ~
I
i
~
TOTALS 19l2~1~~~~ I
~
I
22
Revised 11/93
. .
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT UND
~ ARY CMSN.
800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093
.
AGENDA
February 15, 1996
T0: Boundary Commission
FROM: Kenneth S. Martin, Executive Officer
SUBJECT: Public Hearing - March 7, 1996
This is to remind you of the Commission's scheduled Public Hearing on
March 7, 1996 at 7:00 P.M.
AT: Multnomah County Courthouse
1021 SW Fourth
Room 602
Portland OR 97204
Prior to the Public Hearing a study meeting will be held at 6:00 P.M.
6:00 pm - The Tree Room ~
Standard Insurance Center
900 S.W. Fifth
Concourse Level
Portland, Oregon 97204
Piease Be on i ime
Sandwiches and coffee wiil be provided to the Boundary Commission members
only.
KSM/Imr
• PORTLAND METROPOLI AREA LOCAL GOVERNMENT NDARY CMSN.
800 NE OREGON ST #1 STE 540) PORTLAND, OR 9723EL: 731-4093
Agpnda
March 7, 1996 - Hearing
AT: Muitnomah County Courthouse
1021 SW Fourth - Room 602
Port(and OR 97204 7:00 PM
1. Call to Order
2. Roll Call
3. Approval of January 11, 1996 Hearing Minutes.
4. Public Hearing on Boundary Commission's 1996-97 Fiscal Year Budget
5. Consideration of Boundary Commission's 1996-97 Fiscal Year Budget
6. Hearing Agenda - 15 Boundary Change Proposals
Continued Proposals:
Proposal No. 3461 - City of Lake Oswego (Clack.) (Annexation) (Consisting
of territory located generally on the north edge of the City, on the south
edge of SW Knaus RD, on the west edge of SW Goodall RD, north of SW
Goodall CT and east of SW Thoma RD,)
Proposal No. 3489 - City of Wood Village (from Troutdale) (Mult.) (Transfer) (Consisting of territory located generally on the west edge of Troutdale,
south of Halsey and west of NE 244th AVE.)
Proposal No. 3442 - City of Portland (Mult.) (Withdrawal) (Consisting of ~
territory located genera!!y on the northwest edge of the City, west of Skyline ~
Memorial Gardens, on the east edge of North Rd., north of NW Laidlaw Rd.) '
Proposal No. 3441 - Tualatin Valley Fire and Rescue (Mult.) (Annexation)
(Consisting of territory located generally on the northeast edge of the
District, west of Skyline Memorial Gardens, on the east edge of North Rd.,
north of NW Laidlaw Rd.)
Proposal No. 3480 - City of Happy Valley (Clack.) (Annexation) (Consisting
of territory located generally in the northern part of the City, on the north
edge of Ridgecrest Road, along the south and west edges of Callahan Rd.)
3/7/96 Agenda - Page 2
4 I
Proposal No. 3 - City of Molalla (Ciack.) (Anne n) (Consisting of , territory locatednerally on the north side of the CTFy, on the east edge of
the SPT RR ROW, the south end of Bronco Ave and W of Molaila Ave.) I
Proposal No. 3565 - City of Estacada (Clack.) (Annexation) (Consisting of
territory located generally in the east part of the City, on the southwest edge
of SE Coupland Rd.)
Proposal No. 3557 - City of Sandy (Clack.) (Annexation) (Consisting of
territory located generally on the south edge of the City, south of Sandy
Heights & W of Bluff Rd.)
Proposal No. 3564 - City of Forest Grove (Wash.) (Annexation) (Consisting
' of territory located generally on the north edge of the City, east of Thatcher
Rd and west of Forest Grove High School, on the N edge of Nichols Ln.)
Proposal No. 3563 - City of Sherwood (Wash.) (Annexation) (Consisting of
territory located generally on the south edge of the City, at the NW corner of
the intersection of SW Brookman Rd and SW Ladd Hill Rd.) ~
Proposal No. 3560 - City of Hillsboro (Wash.) (Annexation) (Consisting of
territory located generally in the east part of the City, on the west edge of
SW Brookwood Ave and north of SW Ozark Ln.)
Proposal No. 3554 - City of Tigard (Wash.) (Annexation) (Consisting of
territory located in the west part of the City on both sides of SW Fonner St.
east of SW 113th Place.)
Proposal No. 3552 - City of Beaverton (Wash) (Annexation) (Consisting of
territory located generally on the northeast edge of the City on the west side
of SW 110th Ave. and the north edge of SW Cabot St.)
Proposal No. 3556 - City of Portland (Mult.) (Annexation) (Consisting of
territory located generally on the west side of the City, on both sides of
Canyon Rd. near the Sylvan Interchange, south of Fairview Blvd., east of the
Wash. Co. line and north of Patton Rd.)
Proposal No. 3555D - City of Portland (Mult.) (Annexation) (Consisting of
territory located generally on the west side of the City, south and west of
the Sylvan Interchange, south of Raab Road, west of Scholls Ferry Road and
east of the Wash. Co. line)
7. Other Business
8. Adjournment
3/7/96 Agenda - Page 3
~ .
PORTLAND METROPOL AREA LOCAL GOVERNMENT WINDARY CMSN.
800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093
~
AGENDA
February 15, 1995
T0: Boundary Commission
FROM: Kenneth S. Martin, Executive Officer
SUBJECT: Work Session - March 14, 1996
This is to remind you of the Commission's scheduled Work Session on March 14,
1996 at 5:30 PM.
AT: Portland Boundary Commission Office
State of Oregon Building
800 NE Oregon St., STE 540
Portland OR 97232
This Work Session is for the purpose of updating the Commission on the Metro
Study of the Boundary Commission and to a(low for Commission discussion on that
subject. This is a work session. No public testimony will be taken at this
meeting.
I:\w pw in\p andw rk.shp
• U • •
.
r
INFORMATION SHEET
' Property To Be Added To The Annexation
Land Area: Acres o• 38 or Square Miles
Existing Land Use:
Number of single-family units ~ Number of multi-family units ~
Number commercial siructures X Number industrial structures ~
Public facilities or other uses nv a N
What is the current use the land nroposed to be added to the annexation: _
5,) a C f 'A-..ce,`( R-Es,' o ~..n.A L
i
Total current year Assessed Valuation $ 10 S. 640
Total existing population
If the property to added to the annexation is entirely or substantially undeveloped,
what are the plans for future development? Be specific. Describe type (residential,
industrial, commercial, etc.), density, etc.
.
~
i
w r • •
PMALGBC FORM #I S
PETITION FOR ANNEXATION TO THE CITY OF l )G'°` OREGON
T0: The Council of the City of il GA. k.~S , Oregon
We, the undersigned property owners of and/or registered voters in the area described below,
hereby petirion for, and give our consent to, annexation of the area to the City of
j; G A~ . If approved by the city, we further request that this petition be
forwarded to the Portland Metropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The property to be annexed is described as follows:
(Insert Legal Description ltere OR attach it as Exhibit "A
Bceinning at the Soutliwest corner,of the John L.
Hicklin Donation Land Claim in Section 3, Township 2
South, liange 1 West, Willamette Meridian, Washinp,ton
County, Oregon; thence North 24044'West 630.7 feet
along the west line of said claim to an iron pipe at
the center of County Road No. 495 (Fonner Road); thence
North 87°46'Gast 180.0 feet to the true point of be-
ginning fcr this description; ttience North 870116' Gast
20.0 feet to ; point; ttience Soutti 2014'Cast at right
angles to the centerline of said roaci 80 feet, more or
less, to a point which bears South 211°44'East from the
true poi.nt of beginning; ttience Plorth 240114' 1Jest to
the t:ac point of beginning.
~ I
I
I
17
Revised 11/93
PETITtCN BiaNERB •
NOTE: This paddon mey be eignad by qualified pereona even though they mey not know their property descripdon ot prectnct number.
StQNATURE PRlN7ED NAME 1 AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT g DATE
PO RV OV ZOT # 1/4 SEC. T R
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ii rl
ae vs,
,
;
• PO a Property Owner
RV = Ragistered Votar
OV _ OWf18f VOI6f
~
. ~
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•
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~ Z 63pp ~ ~ ~ ~ M .
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9 -1'` 69
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o ~
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g` ~ ~ . ~ ~~•~y 16
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. '
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CA LC_
.
PORTLAND METROPOL 'AN AREA LOCAL GOVERNMENOUNDARY CMSN.
800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093
AGENDA
January 22, 1996
TO: Boundary Commission
FROM: Kenneth S. Martin, Executive Officer
SUBJECT: Public Hearing - February 8, 1996
This is to remind you of the Commission's scheduled Public Hearing on
February 8, 1996 at 7:00 P.M.
AT: Multnomah County Courthouse
1021 SW Fourth
Room 602
Portland OR 97204
Prior to the Public Hearing a study meeting will be held at 6:00 P.M.
6:00 pm - The Tree Room
Standard Insurance Center
900 S.W. Fifth
Concourse Level
. Portland, Oregon 97204
Piease 8e on 7ime
Sandwiches and coffee will be provided to the Boundary Commission members
only.
KSM/Imr .
.
A
, • PORTLAND METROPOLI AREA LOCAL GOVERNMENT NDARY CMSN.
800 NE OREGON ST #1 STE 540) PORTLAND, OR 9723EL: 731-4093
t
Agenda
February 8, 1996 - Hearing
AT: Multnomah County Courthouse
1021 SW Fourth - Room 602
Portland OR 97204 7:00 PM
1. Call to Order
2. Roll Call
3. Approval of January 11, 1995 Hearing Minutes.
4. Public Hearing on Boundary Commission's 19965-97 Fiscal Year Budget
5. Consideration fo Boundary Commission's 1996-97 Fiscal Year Budget
6. Hearing Agenda - 8 Boundary Change Proposals
Continued from the January 11, 1996 Hearing:
Proposal No. 3442 - City of Portland (Mult.) (Withdrawal) (Consisting of
territory located generally on the northwest edge of the City, west of Skyline
Memorial Gardens, on the east edge of North Rd., north of NW Laidlaw Rd.)
Proposal No. 3441 - Tualatin Valley Fire and Rescue (Mult.) (Annexation)
(Consisting of territory located generally on the northeast edge of the
District, west of Skyline Memorial Gardens, on the east edge of North Rd.,
north of NW Laidlaw Rd.)
Proposal No. 3460 - City of Happy Valley (Clack.) (Annexation) (Consisting
of territory located generally in the northern part of the City, on the north
edge of Ridgcrest Road, along the south and west edges of Callahan Rd.)
Proposal No. 3557 - City of Sandy (Clack.) (Annexation) (Consisting of
territory located generally on the south edge of the City, south of Sandy
Heights & W of Bluff Rd.)
Proposal No. 3552 - City of Beaverton (Wash) (Annexation) (Consisting of
territory located generally on the northeast edge of the City onthe west side
of SW 110th Ave. and the north edge of SW Cabot St.)
~
~ 2/8/96 Agenda - Page 2
i . ~
Proposal No. 3- City of Tigard (Wash.) (Anne*n) (Consisting of ' territory located the west part of the City on both sides of SW Fonner St.
east of SW 113th Place.) ,
~
Proposal No. 3555D - City of Portland (Mult.) (Annexation) (Consisting of
territory located generally on the west side of the City, south and west of
the Sylvan Interchange, south of Raab Road, west of Scholls Ferry Road and
east of the Wash. Co. line)
Proposal No. 3556 - City of Portland (Mult.) (Annexation) (Consisting of
territory located generally on the west side of the City, on both sides of
Canyon Rd. near the Sylvan Interchange, south of Fairview Blvd., east of the
Wash. Co. line and north of Patton Rd.)
7. Other Business
8. Adjournment
2/8/96 Agenda - Page 3
. . ~ 0
February 8, 1996 Hearing 'I
PROPOSAL NO. 3554 - CITY OF TIGARD - Annexation
Petitioner: City of Tigard; Jon and Judy Fessler; Robert J Davis
90th Day: March 28, 1996
Proposal No. 3554 was initiated by a petition of property owners/registered voters and
resolution from the Tigard City Council. The resolution and petitions meet the require-
ments for initiation set forth in ORS 199.490(2)(a) (B), double-majority annexation law. If
the Commission approves the proposal, the boundary change will become effective on the
date of approval subject to the provisions of ORS 199.519.
The territory to be annexed is located generally in the west part of the city, on both sides
of SW Fonner Street, east of SW 1 15th Avenue. The territory contains .56 acres, 1
single family dwelling, an estimated population of 2 and is evaluated at $109,420.
REASON FOR ANNEXATION
The owners of the northern parcel wish to obtain sanitary sewer service for their existing
residence. The owners of the southern parcel have their residence on the parcel directly to
the south inside the City and simply want to have all of their property uiider a single
jurisdiction.
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 northem parcel slopes from west to east and has trees on the
southern half. The southern parcel is relatively flat.
Regional Planning. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Proposal No. 3554 - Page 1
~ ~ .
Washinaton Countv Plannina. The territory is located within the County's West Tigard
Community Planning area. The West Tigard PIev states:
The West Tigard Planning Area has been identified as part of the City of Tigard
'Active Planning Area.' Under the active planning concept, a City accepts planning
responsibilities for areas outside of its corporate limits because the City feels the
area will ultimately have to annex in order to receive urban services for develop- '
ment. Although most af 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 ihrough
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 iot 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 Coun
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 Plannin4 Area Agreement. The City of Tigard and Washington County have entered
into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and
Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area"
within which the City assumes responsibility for land use planning, and an "Area of
Interest" in which the County agrees to coordinate its planning because of the potential
impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in
, the UPAA. The following pertinent provisions are from Section A, "Active Planning Area"
portion of the UPAA:
A. Active Ptanning Area
1. Definition
"Active Plannina Area means the incorporated area and certain unincorporat-
ed areas contiguous to the incorporated area for which the CITY conducts
comprehensive planning and seeks to regulate development activities to the
greatest extent possible.....
2. The CITY shall be responsible for comprehensive planning within the Active
Planning Area.
3. The CITY is responsible for the preparation, adoption and amendment of the
public facility plan required by OAR 660-1 1 within the Active Planning Area.
Proposal No. 3554 - Page 2
• ~ •
4. The COUNTY shall not approve land divisions within the Active Planning
Area which would create lo.*,.s less than 10 acres in size, unless public sewer
and water service are available to the praperty.
5. The COUNTY shall not approve a development in the Active Planning Area if
the proposal would not provide for, nor be conditioned to provide for, an
enforceable plan for redevelopment to urban densities consistent with CITY's
Comprehensive Plan in the future upon annexation to the CITY as indicated
by the CITY Comprehensive Plan.
6. Approval of the development actions in the Active Planning area shall be
contingent upon provision of adequate urban services including sewer,
water, storm drainage, streets, and poiice and fire protection.
7. The COUNTY shall not oppose annexation to the CITY within the CITY's
Active Planning Area.
Citv of Tigard Planninct. The City of Tigard has a"city limits" plan. The County's plan and
ordinances remain applicable unless the City takes other action after the annexation is
effective.
The Tigard Comprehensive Pfan Polices relevant to this case are polices 2.1.1, Citizen
Involvement; 10.1.1, Service Delivery Capacity; 10.1.2, Boundary Criteria and 10.1.3
Zoning Classification. 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, 1 0.1.2 and 10.1.3 are provided here:
10.1.1 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 capita{ improvements program ordinance, the
~ appl'+cant shall sign and record with Washington County a nonremonstrance
~ agreement regarding the following:
Proposal No. 3554 - Page 3
~ .
1. The formation of a local improvement district (L.I.D.) for any of the
following services that,could be provided through such a district.
The extension or improvement of the following:
a) water;
b) sewer;
c) drainage; and
d) streets.
.t~►
10.1.2 Approval of proposed annexations of land by the city shall be based on findings with
respect to the following:
a. The annexation eliminates an existing "pocket" or "island" of unincorporated
territory; or
b. The annexation will not create an irregular boundary that makes it difficult
for the police in an emergency situation to determine whether the parcel is
within or outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous
to the city boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
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 designa-
tion which most closely conforms to the county zoning designation.
The City staff reviewed these policies and codes and concluded the proposal was consis-
tent with them. Their conclusions are included below:
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 and
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
properties.
3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal
will not create a boundary irregularity in this area; the Police Department has been
notified of this request and has no objection; the affected land is located within the
city's urban planning area and is contiguous to the city boundary; and adequate
services are available to accommodate the properties:
Proposal No. 3554 - Page 4
• •
1. Code Section 18.136.030, requiring approval standards for annexation proposal, is
satisfied because:
a. Service providers have indicated that adequate facilities and services are
available and have sufficient capacity to serve the affected sites.
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 properties are established areas 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 properties shall be designated as established areas on the
development standard areas map of the comprehensive plan.
The City conducted a zone change proceeding concurrent with reviewing the annexation
and approved a zoning designation of R-4.5 to be effective upon annexation.
FACILITIES AND SERVICES
Sanitarv Sewer Service. There is an 8-inch City sewer located in SW Fonner Avenue,
adjacent to the northern property.
The territory is within the Unified Sewerage Agency of Washington County as is the City.
The Unified Sewerage Agency has a standard agreement between the Agency and the
farge cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard,
Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the
Agency's construction and maintenance standards for sanitary and storm water sewer
facilities, 2) follow and accomplish the Agency's work program for storm and surface
water, 3) obtain the Agency's consent before issuing construction permits within wet-
lands, floodways and floodplains. The agreement provides that the city owns and is
responsible for sanitary sewer lines under 24 inches. in diameter within the City limits and
for storm water facilities within the City limits as identified on a map (virtually all facilities).
The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and
out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to
areas outside the City within the City's Urban Planning Area (as identified in the City-
County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees
Proposal No. 3554 - Page 5
• ~
and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the
costs of treatment and transmission of the seweae or storm water. The City may impose ,
higher costs than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 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 U.S.A..
U.S.A. 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 5.0927 per thousand assessed value, would
remain the same since the City is in the District.
Water Service. A six inch water line located in SW Fonner Street serves the territory to be
annexed.
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.
Currently the City charges $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.
Transoortation. 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 81000 assessed value will no longer apply
to the property.
Proposal No. 3554 - Page 6
• •
The parcel has approximately 84 feet of frontage along SW Fonner Street, which is
classified as a minor collector.
Vector Control. The territory is within the boundary of the Washington County Vector
Control District. Tigard is not a part of the District. Upon annexation, the territory will be
automatically withdrawn from the unfunded Washington County Vector Control District.
Street Lights. The territory is within the Washington County Service District #1 for street
I 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 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 and Librarv. Tigard operates a park system funded through its tax base which
finances the general fund. Tigard has 6 developed recreation park sites.
There are eleven public libraries in Washington County, nine of which are provided by
cities, including Tigard.
The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3788
(fiscal year 1995-96) on all properties in Washington County. The revenues from this levy
are allocated to each of the eleven libraries based on circulation. City residents pay,
through their City taxes, an additional amount to support their libraries.
Storm Drainage. There is natural storm drainage located along SW Fonner Street, adjacent
to the site.
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. 3554 be approved.
Proposal No. 3554 - Page 7
~ i
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PROPOSAt NOo 3554
CITY OF TIGARD
ANNEXATION
FIGUR
• • -
PROPOSAL. NO■ 3554
SW 1/4 NE1 /4 SECTION 3 T2S R1 W W.M. 2S 1 3AC
Washington County
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PROPOSAL N0, 3554
CITY OF TIGARD
ANNEXATION
FIGURE 2
. ~ •
Exhibit A
„ Proposal No. 3554
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory contains .56 acres, 1 single family dwelling, an estimated population of
2 and is evaluated at $109,420.
2. The owners of the northern parcel wish to obtain sanitary sewer service for their
existing residence. The owners of the southern parcel have their residence on the
parcel directly to the south inside the City and simply want to have all of their
property under a single jurisdiction.
~ 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
I 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
Findings - Page 1 of 6
• . •
Exhibit A
„ Proposal No. 3554
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 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 a"city limits" plan. The County's plan and ordinances
remain applicable unless the City takes other action after the annexation is
, effective.
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; 10.1.2,
Boundary Criteria and 10.1.3 Zoning Classification. The pertinent Tigard Community
Development Code sections are Chapters 18.136, Annexations; and 18.138,
Estabiished{Developing Area Classification.
The City staff reviewed these policies and codes and concluded the proposal was
consistent with them. Their conclusions are included below:
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 and 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 properties.
3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the
proposal will not create a boundary irregularity in this area; the Police
Department has been notified of this request and has no objection; the
affected land is located within the city's urban planning area and is
contiguous to the city boundary; and adequate services are available to
accommodate the properties.
Findings - Page 2 of 6
' . • ~
Exhibit A
' Proposal No. 3554
1. Code Section 18.136.030, requiring approval standards for annexation
proposal, is satisfied because:
a. Service providers have indicated that adequate facilities and services
are available and have sufficient capacity to serve the affected sites.
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 properties are established areas
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 properties shall be designated as established
areas on the development standard areas map of the comprehensive plan.
9. There is an 8-inch City sewer located in SW Fonner Avenue, adjacent to the
' northem property. '
The territory is within the Unified Sewerage Agency of Washington County as is the
City. The Unified Sewerage Agency has a standard agreement between the Agency
and the large cities within the Agency (Beaverton, Cornelius, Forest Grove,
Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1)
comply with the Agency's construction and maintenance standards for sanitary and
storm water sewer facilities, 2) follow and accomplish the Agency's work program
for storm and surface water, 3) obtain the Agency's consent before issuing
construction permits within wetlands, floodways and floodplains. The agreement
provides that the city owns and is responsible for sanitary sewer lines under 24
inches in diameter within the City limits and for storm water facilities within the City
limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is
responsible for all industrial waste discharges, both in and out of cities. The Unified
Sewerage Agency agrees not to extend sanitary sewer service to areas outside the
City within the City's Urban Planning Area (as identified in the City-County UPAA)
unless the City approves.
, 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 U.S.A., it simply passes these monies on to
Findings - Page 3 of 6
• • *
Exhibit A
~ Proposal No. 3554
U.S.A. to pay for the costs of treatment and transmission of the sewage or storm
water. The City may impose higher costs than U.S.A. charges and keep the
difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 per month plus a consumption
charge of 51.00 per 100 cubic feet of water used by the customer. These City
charges are the same as those charged by U.S.A..
U.S.A. 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. A six inch water line located in SW Fonner Street serves the territory to be
annexed.
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 2nd King City, which hav2 also withdravvr 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.
Currently the City charges $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.
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.
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 territory is within the boundary of the Washington County Urban Road
Findings - Page 4 of 6
. •
~
Exhibit A
~ Proposal No. 3554
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.
The parcel has approximately 84 feet of frontage along SW Fonner Street, which is
classified as a minor collector.
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 Distnct #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 it will be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State
shared gasoline tax revenues as its primary revenue source. Street lights are
required by the City in residential subdivisions. Upon installation of street lights by
a developer to City standards, the City accepts dedication of the street lights and
I iakes on origoing operation and maintenance costs.
16. Tigard operates a park system funded through its tax base which finances the
general fund.
Tigard has 6 developed recreation park sites.
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
I support their libraries. '
17. There is natural storm drainage located along SW Fonner Street, adjacent to the
site.
The Unified Sewerage Agency levies an annual assessment for storm drainage
services of $36 per dwelling unit of which $24 goes to the City.
Findings - Page 5 of 6
i
Exhibit A
Proposal No. 3554
~
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal is consistent with City, County, and Regional planning for the area.
2. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated
Status(OAR 193-05-005) and the Policy On Long Term/Long Range Governmental
Structure (OAR 193-05-015)
Findings - Page 6 of 6
- V10ASHINGTON
~ •'~~si~D i~ a A~ S S
'1' A I 'i'I A ' 1 ' GOVERNMENT. Bi 1A' 1 1
800 NE OREGON STREET # 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
iJanuary 15, 1996
Ray Valone
City of Tigard .
13125 SW Hall Blvd
Tigard OR 97223
Ref.• 3554
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 .
I In order to meet the requirements of ORS 199.463, they need to be posted by
January 25, 1996
Therefore, we would appreciate your cooperation in posting 3 copies of the
enclosed NOTICE OF HEARING and map. They should be posted in conspicuous
places within and/or immediately adjacent to the involved area(s) and they
should be placed in a manner reasonably calculated to be observed by the public.
(The additional copy of the hearing notice is for your records.)
Also would you please send us an "AFFIDAVIT OF POSTING."
Thank you.
Kenneth S. Martin
Executive Officer
KSM/Imr
Enclosures
STAFF COMMISSIONERS
KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN HELZERMAN
DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBROOT
KELLY PAIGE. Executive Assistant BOB 80UNEFF SUE LAMB
LANA RULIEN, Administrative Assistant NATHALIE DARCY
. .
~ •
PROPOSAL ■ 3554
SW1/4 NE1/4 SECTION 3 T2S R1W W.M. 2S 1 3AC
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PROPOSAL NOo 3554
CITY OF TIGARD
ANNEXATION
FIGURE 2
. CLACKAMAS
MULTNOMAH ~ • .
WASHINGTON
PORTLAND.M.0110I.PobtAN AREA'LOCA 1' :1 1A' 1 1
000 NE OREGON STfiEET N 16 (SUITE 540) POfiTLAND, OREGON 97232 PIiONE: 731-4093
PIJBLIIC
i
JOTICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, February 8, 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. 3554 - ANNEXATION TO THE CITY OF TIGARD of territory located
generally in W part of City, more particularly TL 1503 and part of TL 1700 in SW 1/4 NE
1/4 Sec. 3, T2S R 1 W, W.M., Wash. Co., OR
GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING
731-4093.
January 10, 1996 RAY BARTEL, CHAIRMAN
ST/1FF COMMISSIONERS II
KENNETH S. MARTIN, Execuiive O(flcer RAY BARTEL, Chair MARIIYNN HELZERMAN
DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNORODT
KEIIY PAIGE, Executive Assistant - BOB BOUNEFf SUE L/1M8
U1NA RULIEN, Adminisiralive Assistanl tJATHALIE DARCY
- I
~
.
I CITY OF TIGARD
OREGON
January 4, 1996
Dear Property Owner:
We have received a request from two neighbors in your area to annex
to the city (see map). We are writing to inquire whether you are
interested in becoming part of the city. You may join the current
annexation request which will be heard by the Portland Metropolitan
Area Boundary Commission on February 8, 1996. The deadline for
submittal to the Commission is February l, 1996. The procedure for
joining the request is a simple process with no cost to you or the
city.
I have included a brochure about annexation to the city. If you
are interested and have any questions or would like more
information, please call me at 639-4171.
Sincerely, .
✓~.a~
Ray Valone
Associate Planner
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
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VICINITY MAP r WITHIN TIOARD CITY LIMITS
~ ANNEXATION AND ZONE CHANOE
NOTE: MAP IS NOT TO SCALE N ~ FROM WASHINOTtiN COUNTY RS
TO TIOARD R-1.5
• ' . . ' • • ` . ' .
•
BENEFITS Cost of S¢rvlc¢t 0 A majority of the registered voters ~~ty of Tigard
• D ' in an area,
TIGARD RESIDENTS Tigard provides a full range of City
services that contribute to lNie highly 0 The Tiprd City Council adopts a
desirable qualily of life our cilizens resolution supporting the request.
Library enjoy. After petition signatures are verified,
The Tigard LibrarY Provides materials Some services provided by the City the annexation request is submitted to for adults and children including are paid for through user charges the Boundary Commission. A public
books, videos, compact discs and (such as recreational classes and park hearing is conducted by the Boundary
magazines. The library also serves the reservations) and some services are Commission, usuaily within 90 days. A
community through its collection of paid for through property taxes. decision is then issued.
business and reference materials Individual property owners may
including computer accessed Due to the high level of services initiate annexation to the city.
databases. There are programs for provided such as police services, the
pre-schoolers and school age children, propercy tax rate within the City is
large print books and books on tape. slightly higher than that in the
unincorporated area. GETTING , , D
S¢nior C¢nt¢r More specific information about costs
The Tigard Senior Center, located at is available through the Tigard Finance
8815 SW Omara, serves senior Department. It's up to you! Annexation petitions
citizens in the Tigard area. The center are available through the Tigard ANNEXATION
is operated by Loaves & Fishes and Planning Department or the
provides a hot lunch program Monday • ANNEX • Metropolitan Area Local Government How to Join th¢
through Friday, meals on wheels, Boundary Commission. Join with your
classes, activities, and volunteer neighbors and help decide the future City of Tigard
opportunities. The Senior Center is of your neighborhood.
available to rent for weddings, The Metropolitan Area Local
receptions or other events at reduced Government Boundary Commission is
rates for Tigard citizens. the stale agency responsible for
making annexation decisions.
Sehools ar¢ not Aff¢et¢d by A common melhod of annexation is
Ann¢xations called double majority. This type of
The boundaries of community college annexation is accomplished when
and school taxing districts are not petitions consenting to annexation are
changed by annexation lo the city. signed by: For further information, please call Published by:
the Tigard Planning Department at City of Tigard
• The I)roperty owners of at least 639•4171 or Ihe Boundary 13125 SW Hall Blvd.
one-half of lhe aifected land area, Commission at 731-4093.
~nd; Tigard, OR 97223
August 1995
• ' . ' • • ' . ' •
OYED ; Planning and D¢v¢lopm¢nt Stre¢t Maintenanc¢
' ~ ~ ~ , RD RESIDENT$ The City provides a full range of Tigard maintains all city streets.
services to ensure thal future growth is Maintenance includes pothole
managed according to the plans the patching, street marking, street
Annexation is the means by which Gou¢rnm¢nt and Citii¢n
property owners in unincorporated 111v01v¢m¢nt community has adopted. 5weeping six times per year,
installation and maintenance of street
areas can join the City of Tigard, The Department provides: si ns ri ht-of-wa mowin and
receive Cit services and artici ate in The City is proud of the partnership B~ g Y
y p p between citizens and government. • Review of building plans and preventative maintenance such as
City affairs. The mayor and four Council members complete building inspection crack sealing.
who are elected at large, represent the services
WHY • D' entire city. Citizen involvement is • Investigation and enforcement of Slr¢et Lighting
, ,O assured by active, permanent boards land use and building code The city provides maintenance and
and commissions, as well as special regulations
task forces for s ecific issues. operation of streetlights within the
Usually, access to one or more major p • Review of land partitions and city. The city may pay for streetlight
urban services is the reason residents polic¢ Prot¢ction subdivisions installation along arterial and collector
and property owners outside the City • Comprehensive land use planning streets and in particularly hazardous
consider annexation. These services The Tigard Police Department including transportation, land use, locations.
include sanitary and storm sewers, currently has a ratio of 1.4 officers per and natural areas planning
improved road maintenance, and 1,000 residents. The Tigard Police Parks and R¢er¢afion
greater police proteceion. Department also provides: S¢W¢rf
Sewer availabilit hances ertThe City has over 118 acres of park
There are also other benefits lo joining • Emergency call response in y en prop y land and 102 acres of natural
the City such as: approximately six minutes to all values, and provides an greenways. Recent park and greenway
parts of the city environmentally sound method of improvements make the park system
• Participation in local government • Ordinance enforcement, crime sewage treatment and disposal. usable to even more residents, Some
• Improved growth management prevention, and public awareness Annexation to the City, however, does of the many facilities available are:
• Improved planning and building prugrams not require connection to the City's • Covered picnic shelters and play
permit services • Narcolics and career criminal sewer system. fields
• City police services investigation The City of Tigard can assist property • Play equipment
• • A full lime school resource officer owners in obtaining low-interest, • Tennis courts
Redur.ed fees far park facilities program lon term financin for sewer
reservations and senior center
rental 0 Direcl citizen involvement ins allation through creation of a local • Walking/bicYcle Paths
• Closer roximi to cic offices Ilirough a Police Citizen Advisory improvement district. • Baskethall courts
P h' Y Commitlee
• Elimination of confusion over • A handicapped accessible fishing
• A pruactive trafiic unit dock
which agency or special district to
call in the event of a service • D.A.R.E. instruction for all 51h • A boat ramp
concern graders
~ 2S103AC-00600 ........0.......... 2S10~ 00800
EMME, LARRY M BAY CREEK DEVELOPMENT CORP.•..
11221 SW FONNER ST PO BOX 434
TIGARD OR 97223 LAKE OSWEGO OR 9703
2S103AC-01300 2S103AC-01400
OAK, RICKY J& BARBARA T HOBBS, RONALD E AND JUNE E
11245 SW FONNER ST 7205 SW VENTURA DR
TIGA.RD OR 97223 TIGARD OR 97223
2S103AC-01401 2S103AC-01501
MUNION, CATHERINE MARY VOORHEES, JOHN J
11227 SW FONNER KATHRYN A
TIGARD OR 97223 11145 SW FOIINER RD
TIGARD OR 97223
2S103AC-01502 2S103AC-01504
VOORHEES, JOHN J ERICKSON, GEORGE W JR
KATHRYN A MARLENE IDEEN
11145 SW FONNER 11175 SW FONNER ST
TIGARD OR 97223 TIGARD OR 97223
2S103AC-01600 2S103AC-01701
FOX, LINDA M MORTENSEN, COLIN N
11130 SW FONNER LOUISE ANE
TIGARD OR 97223 11160 SW FONNER
TIGARD OR 97223
2S103AC-01800 2S103AC-01900
TERVO, JAMES P AND EUNICE E RISSMILLER, RONALD W AND
11200 SW FONNER ST DIANE L
TIGARD OR 97223 11230 SW FONNER
TIGARD OR 97223
2S103AC-02000
2 103AC-0210 0
HODGES, VIRGINIA A :BE7T&I~DAVID W
11300 SW rONNER RD 40 SW RD
TIGARD OR 97223 AR 97223
2S103AD-00801 2S103AD-00802
MERRIGAN, MICHAEL B/JEAN M FAGAN, JOSEPH I AND
11090 SW FONNER BUSHELL, DIANE E
TIGARD OR 97223 11050 SW FONNER ST
TIGARD OR 97223
2S103AC-02101
HATCHER, HOWARD I'
ALNA I
9775 SW KILLARNEY LN
TUALATIN OR 97062
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~ CITY OF TIGARD, OREGON •
.
, RESOLUTION N0. 95-,T'~_
I~ A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0006).
WHEREAS, the Tigard City Council held a hearin on December 12 1995
S , , t•
consider the annexation of two parcels consisting of 0.56 acres located
along SW Fonner Street west of SW lllth Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change
under Boundary Commission law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B)
to initiate an annexation upon receiving consent in writing from a
majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in
the territory proposed to be annexed; and
WHEREAS, the property which lies within the boundary of the Washington
County Enhanced Sheriff's Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1 and
the Washington County Vector Control District would, by operation of ORS
199.510, be automatically withdrawn from those districts immediately
upon completion of the annexation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Council, pursuant to ORS 199.490 (2) (a) (B) ,
hereby initiates proceedings for annexation to the City
of Tigard of the territory described in Exhibit A and
illustrated in Exhibit B.
Section 2: The City Council hereby approves the proposed annexation
and requests that the Portland Metropolitan Area Local
Government Boundary Commission approve the proposal and
effect it as soon as possible.
Section 3: The City Recorder is hereby directed to file certified
copies of the resolution with the Portland Metropolitan
Area Local Government Boundary Commission at once.
PASSED: This day 1995.
M r- City of Tigard
ATT ~ST :
Certified to be e True Co
City Recorder - City of ~igard ~y o$
'Urigin i on file
Date
By:
RESOLUTION NO. 95 -'T-7 j_ Ce'ty Recorder - City pf °~sga,
Page 1 Date:
~
~ • •
STAFF REPORT EXHIBIT
A
December 12, 1995
TIGARD CITY COUNCIL
TIGARD TOWN HALL
' 13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0006
REQUEST: To annex two parcels of 0.56 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.
APPLICANTS: Jon and Judy Fessler Robert J. Davis
11180 SW Fonner St. 11195 SW Fonner St.
Tigard, OR 97223 Tigard, OR 97223
OWNERS: Same
LOCATION: The south side (Fessler) and north side
(Davis) of SW Fonner Street just west of SW
lllth Place - WCTM 2S1 3AC, lots 1700
(Fessler) and 1503 (Davis). See vicinity
exhibit map.
' 2. Vicinity Information
Site A(Fessler): Properties to the north, east and west are
in Washington County and zoned R-5. These parcels have single
family residences on them. The parcel to the south is in the
city and zoned R-4.5. This parcel contains the applicant's
residence.
Site B(Davis): Properties to the north, east, south and west
are in the county and zoned R-5. These parcels have single
family residences on them.
3. Background Information
The applicants approached the city with a request to annex the
property. No previous applications have been reviewed by the
city relating to this property.
4. Site Information and ProAOSal Description
The Fessler property is vacant and separated from SW Fonner
Street by tax lot 1800. It slopes downward from west to east
1
0
1
' . •
and has a tree canopy over the southern half. Access to the
property is via an easement granted by lot 1800. The Davis
property is relatively flat and has a single family residence
located on the southern half along SW Fonner Street. The
property has approximately 84 feet of frontage along SW Fonner
Street, which is functionally classified as a minor collector.
This section of SW Fonner Street is within the city limits.
The two applicants separately requested that their properties
be annexed to the city by means of the double majority method.
They are being combined into one application proposal for the
sake of efficiency and financial savings. Representing the
owners of more than half the land (1006) and a majority of the
registered electors (100s) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The Fesslers have initiated annexation in
order to bring their vacant property into the city for
consolidation purposes. Davis intends to obtain sewer service
after annexation to the city.
The proposal includes the request to initiate annexation to
the city and to change the zone only on the properties.
Because the properties are in the city's Active Planning Area,
they have already been assigned a Tigard Comprehensive Plan
designation, which is Low Density Residential.
5. AQencv 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 and
2
:
• •
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
, properties.
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
af fected 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 properties.
4. Policy 10.1.3, zoning designation, is satisfied because
the affected parcels 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 sites.
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 properties are
established areas 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
properties shall be designated as established areas on
the development standard areas map of the comprehensive
plan.
C. RECONIlKENDATION
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0006.
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CITY OF TIGARD PLANNING DEPARTMENT
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CITY OF TIGARD, OREGON ~
, O • ~
L
ORDINANCE NO. 95-~ /
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0006).
WHEREAS, the Tigard City Council held a public hearing on December 12,
1995, to consider a zoning designation for two parcels of land located
along SW Fonner Street west of SW lllth Place; and
WHEREAS, on December 12, 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 properties shall be
designated as follows:
Tax Map, Lot Number Current ZoninQ New Zonincr
2S1 3AC, lot 1700 Wash. Co. R-5 Tigard R-4.5
2S1 3AC, lot 1503 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
o f Q.~ Cc:vr%,V_~~ , 199 Catherin Wheatley, City Wcorder
/
APPROVED: By Tigard City Council th' ~ of ' 1995. /
✓ _
' Ja Nicoli, Mayor ~
Approved as to form:
.-7
City Attorn.6y
Date
ORDINANCE No. 95-~
Page 1
I'
F TIGARD
CORIEGON
December 27, 1995
Ken Martin, Executive Officer
Portland Metropolitan Area
Local Government Boundary Commission
800 NE Oregon Street #16
Suite 540
Portland, OR 97232
Dear Ken:
, I am writing to submit the enclosed forms for a city-initiated, double
majority annexation (Tigard ZCA 95-0006) and to request space on the
Boundary Commission's agenda of February 8, 1996. I will be sending
a letter to property owners in the immediate area of this proposal to
solicit additional signatures for annexation. Please inform me of the
Boundary Commission file number as soon as you assign one so I can include it in the letter for reference. If you have any questions or need additional information, please call me
at 6394171. Thank you for your prompt attention to this matter.
Sincerely, .
...iZ
~
Ray Valone, AICP
Associate Planner
Enclosures
13125 S1N Hall Blvd., 71gard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CIN OF TIGARD s 24-22 NO. 6 4 3 5 5
Ti ard Branch 123U 036
13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK I
Tigard, OR 97223 Of Oregon
(503) 639-4171 Tigard, oregon VOID AFTER 180 DAYS
•
11/21 /9~ • ******z2`,.O~J
PAY *****ZZS D 0 L L A R S jiND NO C E N 7 3
TO THE ORDER OF CITY OF TIGARD
PORTl4ND METP.O AREA LOCAL
SOUNDARY COM,M1ISSION
800 N E 0 R E G 0 N S T t~ 11 d '^ii+iin i~~q si n,t„re
PUP.TLANU OR 97252-
' Authorizcd Signaturc
PMALGBC FORM #1 S
PETITION FOR AIVNEXATION TO THE CITY OF OREGON
.
TO: The Council of the City of /!a 1poe„ ~ . Oregon
We, the undersigned propertji owners of and/or registered voters in the area described below,
hereby petition for, and give our consent to, annexation of the azea to the Ciry of
If approved by the city, we further request that this perition be
forwarded to the Portland Metropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
?he property to be annexed is described as follows:
(Insert Lega! Description /iere OR attac/i it as EzJiibit "A
,
17
Revised 11/93
PETITION SIONERS
NOTE: Ttiis pntition muy bu eipnnJ Uy qualifind persons avan thouph they may not know thnir proparty dascrfption or precinot numbsr.
SIC3NATURE PRINTED NAME 1 AM A:• ADORESS PROPERTY DESCRIPTION PRECINCT 0 OATE
PO RV OV LOT A~ 114 SEC. T R
~ ss l~L h x x11190 Sw ~~aev ~ ,3 z /0 5- W
.
~
' PO = Pruperty Owner
RV = RepistnreJ Vuter
OV = Ownet Volar '
u•UU1J (H !62)
Fidelity laional Title Company of Oregoo
,
STATUTORY BARGAIN and SALE DEED
(Individual or Corporate)
KENI3ETH..A',,. BOUCEK AND..,JOLYNNE ASH--------------------~-------"--------"------------
. ~.'l~l;u»r~~r, .
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0'u»►NI, IhrI%rdNrnring tlesrrihc'tl reul proper~)"silirrNt'd in thr rv,wNY
Washingt.an ..SJtIlI'qf()rt',Coll. Iri N'll;
The South 98 feet (approximately .22 acrea) of the following described properCy:
~
Beginning at a point in the centerline of Fonner Road (County Road No. 495), said ~
point beging South 00° 53' West 2216.8 feet and North 87° 46' East 723.4 feet from
the north quarter aection corner of Section 3r Townahip 2 SouCh, Ranga 1 WesC of
the Willamette Meridian, in Washington County, Oregon; thence continuing North 87°
46' East 98.0 feet to a point; thence South 02° 00' 30" East 336.54 feet to an iron ~
pipe; thence South 87° 46' West 98.0 feet to an iron pipe; thence North 02° 00' 30" I
West 336.54 feet to the point of beginning of this description, EXCEPTING that
portion of land lying within the right-of-way limits of said County Road No. 495.
THIS DEED IS BEING EXECUTED TO COMPLETE LOT LINE ADJUSTMENT AS 5ET FORTK IN
WASHINGTON COUNTY CASE FILE 93733LLA.
T{IIS INSTRUMENT Wll.l. NOT nl.l.OW USE OF TIIF PIZOI'f;RTY I)FSCRIRf:U IN TIIIS INS'fltll N11:N'I' IN VIOI,,\•
'('l()i\ ()FAI'I'l.lC'AI;l_l; LANI) 1154: L.AWS AN1) Iti:(i1.11.A'i'I()NS. lil:l:()IZI: SICiNINCi ()R A(.'('I•:I''I'IN( i'I'I Ilti I`ti'I'R1
M[:N1' "fhlE PERSON ACQUIRING FEE TITLE TO. THL' PROPEKTY SHOULD CFIECK W1"fhl TFII: AI'I'itt)1'itiA'I'I: ('I'I'Y
()R C()l1NTY f'LANNING UFPARTMENT T() VERIFY APPROVC() USGS.
THF TItIIEANI) ACTUAI. CONSIDF:Rnl'ION FOIZ '1'H IS l'OVVf':YA NC'f: IS s.5..000..00
.--.-...-FI.V.E ...TH.QUS.ANA..ANA...HO/.~.00.-----.-„---.-..
Itirr l)IlS 10.010i
Omcd iltii. ~1;~y ul' ~.~.o~1.~r..... 1~>93....,:
NETH"A:.. '130U E , '
'
..,:1 LYl3NE"ASH
New meOco
II SI'ATE OF f7i'tEGCTIQ. Cownty al' Q n G~ v q`~ 0
This in,irumcnt wa. arknowlcilgcd heforr mc om (2 r~ .3...
' 1w A
Dc~ober I~~L3
I' 'I'his in.irumenl w;is aL*kn()wl~•tI,ccl hcfure mc tm
h>- NGerrpf't• `~oucelt.
Nut,iry l'uhlir in and fur W M e ~c i CO
~ My cummixsicm cxpires: \g\\1155
~
GRAN"fnK'S NAME
Isgnneth A. Boucek and Jolynne Ash Spacr rosci-vctl I'or ,
~
rcccudcr's usc
GRANTEE'S NAME
icead xnd approved by : • /1~1'~• 1~~.
Tnn T.. Feaaler and ,T3tdith L. Fessler ~ ,n L. Fess r ~
Until furthcr noticc send I'uwrc tax stutcmcnix to: jip P ~
' udith L. Fesaler
inn iFaaalar anri -Tiiriith T._ FaaSlgr
11180 SJ,,1 Fonner
Tigard, nR 97223
' AFTER RECORDING RETURN TO;
Jon L. Feasler and Judith L. Fessler
11180 SW Fonner
TiSard. OR 97223
PMALGBC FORM #4
CERTIFICATION OF LEGAL DESCRIPTION AND MAP
I heceby certify that the description of the property included within the attached petition (located on
Assessor's Map 2 S 1 3 J~ ~ / 74~V )
' has been checked by me and it is a true and exact description of the property under consideration,
and the description corresponds to the attached map indicating the property under considerarion.
NAI
TITLE
41
r /
DEPARTIMNT ,~~s~~r,.•~ ~ ~?x~t~t ~ccalt~►
COUNTY OF wy6`i LO
DATE
19
Revised 11/93
. . ~ Or .
PMALGBC FORM #16
CERTIFICATION OF PROPERTY OWNERSHIP
- (Double Majority Method)
I hereby certify that the attached petition for annexation of the territory described therein to the City
of %%c~JQD 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.
~ NAME ~ G
TITLE ( ar Ara~k~►-
DEPARTMENT ,Vr44 raP~w tScr.l' r-r,rV -'O: /.a.v
COUNTY OF GVaf~/~ ~ 7"
DATE
' "Owner" means the owner of the tide to real property or the contract purchaser of real
property.
PMALGBC FORM #17
I CERTIFICITION OF REGISTERED YOTERS
~
~ I hereby certify that the attached petition for annexation of temtory described herein to the City of
U ~ contair.s the names of at least a majority af the
electors gistered in the temtory to be annexed.
.
i NAME
.
.
TITLE I
DEPARTMENT ry
COU-NTY OF
DATE /l/~~•~/f'~ ,
13
Revised 11/93 '
~
PMALGBC FO.RM #19
(This form is NOT the petition)
.ALL OWNERS OF PROPERTY AND/QR REGISTERED YOTERS INCLUDED IN BOUNDARY
CHANGE PROPOS.4L AREA
~ (To be completed IF the propoSal contains 10 or fewer land owners/registered voters.
Please indicate the name and address of all owners/voters regardless of whether they
signed an annexation petition or not.) This is for notification purposes.
NAME OF OWNERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax [ot, section number,
Township and Range)
(1) _Ju d: h. ~ FssIr.P I ,igU Ici Fonrse2 17 a u Zs r 3-Ac
~ ~.~213 U,2 5 -7 7- a3
(2) Fe5SC.,-2 5
. r---
(3)
(4)
(S)
(6)
(7)
20
Revised 11/93
~
~
PMAL GBC FORM #ZO
DO flBLE MAJORITY WORK SHEET
Please list all properties/registered voters included in the proposal. (If needed, use separate sheet for
additional listings). _
PROPERTIES
Property Assesse Signed Pention
Designation Name of Ownec Acres Value Yes No
(Tax Lot #s)
2~s i 3 AC , r1~n/ ~ CS~~L~2
~0v0 .zz At) • J NCP,-tA ~ ss r' 2. Z Z y G G
roTAr.s y, y vo
Revised 11 i93 °
PMALGBC FORM #20 (continued) REGISTF.RED VOTERS .
~
ADDRESS OF REGISTERED °NAME OF REGISTERED SIGNED PETITION
Voter Voter Yes No
- 4-4&A2-
j I _
~ o : ~C
'
~
~
~
i TOTALS 2
~
SL11E~URY
TOTr1I. i i IBER REGISTERED VOTERS IN THE PROPOSaI.
, i i ER OF REGISTERED VOTERS WHO SIGiNED ~
PERCENT'AGE OF REGISTERED VOTERS WHO SIGiNED
TOTAL ACREAGE N PROPOSAI,
ACREAGE SIGiNED FOR /UO
PERCELNT aGE OF ACRE aGE SIGNED FOR
~
( 23
I Revised 11/93
• RtilriL GBC FORltit #1 S ~
PETITION FOR A1VNLYrlTION TO THE CITY OF - , OREGON
T0: The Council of the City of ~ cvY ~ Oregon
We, the undersigned property owners of and/or registered voters in the azea described below,
hereby perition for, and give our consent to, annexation of the area to the City of
If approved by the city, we further request that this perition be
forwazded to the Portland Nietropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
?he properly to be annesed is described as follows: (Insert Lega! Description here OR attach it as Ezl:ibit "A
The following-described portion of that tract of land in Section
3, Township 2 South, Range 1 West, Willamette Meridian, Washington
County, Oregon, sold to Stan Adkins, Builder, by contract recorded
in Book 467, page 274, Washington County, Oregon Deed Records:
Beginning at the Southwest corner of said Adkins tract and running
thence North 00°39' East along the West line of said tract, 199.10
feet; thence South 89058' East 83.45 feet; thence South 00°58' West
. 195.79 feet to a point in the center line of County Road No. 495;
thence South 87046' West, along said center line 83.56 feet to the
point of beginning. 17
~ Revised 11i93
pETITION SIGNERS
NOTE: "fhis putidun inuy lin ciUnnd by quuliliud puraons avnn lhouph they may not know thnir p►opdrty deacription or precinct numbar.
SIGNATURE PRINTED NAME 1 AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT # DATE
1/4 SEC. T R
PO RV OV p
RAbQ Da~~s k > s sw T~h 3 2s I
u~ 2~- /0 29 iy>
q-r 223
lI (ylorcu, Davrs s n S- .
722
. ' PO = Pruparty Owner RV = Rnpistnrncl Vutur
OV = Ownur Votnr
• ~
P1titAL GBC FOR1tiI 94
CERTIFICATION OF LEGAL DESCRIPTION AND iL1AP
I hereby certify that the descriprion of the properry included within the attached petirion (located on
Assessor's Map 150
has been checked by me and it is a true and exact descriprion of the property under considerarion,
and the descriprion conesponds to the attached map indicating the property under considerarion.
I
NAMEC)O~AJJ~, YOD4
C l'rl.Ll~ • ~D~'.l : ~
DEPARTMENT
covrrTY oF 1)~ n
DArE
19
Revised 11/93
• • '
PMALGBC FORM #16 CERTIFICATION OF PROPF.RTY OWNERSHIP - - (Double Majority Method)
I hereby cemfy that the attached petition for annexation of the territoty 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, az shown on the last available compiete assessment roll.
NtLME ' ;
'IT TLE Almip .
DEPARTMENT 41 r
,
COUNTY OF lIkA ' a-MK,
DATE (kh 40-5
* "Owner" means the owner of the title to real properry or the contract purchaser of real
property:
PMALGBC FORM ##I7
CERTIFICATION OF REGISTERED YOTBRS
I hereby certify at the attached petition for annexation of territory described herein to the City of
I~A contains the names of at least a majority of the
electors regi-stered in the territory to be annexed.
NAME
TTTLE
.Q
DEPARTMENT 14 COUNIY OF
DATE
18
Revised 11/93
0 •
PMAL GB C FORltit #19
(This form is NOT the petition)
ALL OWNERS OF PROPERTY AND/QR REGISTERED VOTERS INCLUDED IIV BOUNDARY
CHANGE PROPOSAL AREA
(To be completed IF the proposal contains 10 or fewer land owners/registered voters.
Please indicate the name and address of all owners/voters regardless of whether they
signed an annexarion petirion or not.) This is for notificarion purposes.
NAME OF OWNERNOTER ADDRESS PROPERTY DESIGNAT'ION
(Indicate tax lot, secrion number,
Township and Range)
99- .SW p11►^kyS"T
(1) ~~V J~~i s p-rd_ a 97 2 Z 3 Z~S / 3~4-~-
Du1 ~ Vt7
(2)
(4)
(S)
(6)
(7)
'
20
Revised 11/93
0 PMALGBC FORM #20 •
DO UBLE jLLIJORITY WORK SHEET
Please list all properties/registered voters included in the proposal. (If needed, use separate sheet for
additional listings). _
PROPERTIES
Praperty Assessed S~ ed Perition
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
2s ► 3PrC.-o1 3 Ra~e~'1 ~Cu,,,"s , 3L/ /()S 02,0 I~
~)y^U~~~l~a~.~
~
I
TOTr1LS ~ , 3 y
22
Revised 11 /93
- . . ~ '
~
PMALGBC FORM #20 (continued)
REGISTERED vOTERS
i
ADDRESS OF REGISTERED - NAME OF REGISTERED SIGNED PETITION
+ Voter Voter Yes No
I
o K 5 7 22 3 v g ~~t J, 0-a-.wS ~
G2. S 7 Z t 3 Gr,~.e,: 4.E _ b.A.q-S ~
{
~
i
r
`
TOTALS Z
SUt'KMARY
TOTAL NUMBER REGISTERED VOTERS IN TBE PROPOSAL Z _
NUMBER OF REGISTERED VO?ERS WHO SIGiNED 1-2-
PERCENTAGE OF REGISTERED VOTERS WHO SIGVED
TOTAL ACREAGE IN PROPOSAL ' 3Ll
ACREAGE SIGiNED FOR .3y
PERCENTAGE OF ACREAGE SIGNED FOR ~Lv~
23
Revised 11/93
. • •
PMAL GBC FOktiI #6
BOUNDARY CHANGE DATA SHEET
1. EXISTING CONDITIDNS IN AREA TO BE ANNEXED OR WITHDRAWN
A. Land Area: Acres O. Slo or Square Miles
B. General description of territory. (Include topographic features such as slopes,
vegetarion, drainage basiris, floodplain areas, which are pertinent to this proposal).
.->+111 Q ZS 1 3 a c. , 12 ot: S~ ' L,,, n-- d.:...;ti..~~ Fe,,. -1 c.I ~-l , .e -
7t: g .
sA ^a-CL C.A„lon`,( c.A:./L 7-C .Sc~ ;xtz: 4--1-) a4, F S~ T:' ~S
(_)5I 3 0. C.
C. Describe land uses on surrounding parcels. Use tax lots as reference poinu.
No rth: G -~-:-r~-~+ ~
E2.St: Rt'> S~ 0 0..Tl•.a( -
t .
- South:
West: +~~1 M.c►--T ~-c~s~ •5t..~.~.~
D. Exisring Land Use:
S ,'ft A - c.>
Number of single-family urii'ts 3-1 Number of multi-family units O
Number commercial structures U Number industrial structures G
Public faciliries or other uses CD
What is the current use the 1and pronosed to be annered: A
3 - S: „d1.c
E. Total current year Assessed VaIuation $ 5St A - 4 4Ao o ~ S,'M 8`~ I o < 102 D
F. Total existing population Srix A- I S;~ g-~ a
11
Revised 11/93
• •
II. REASON FOR BO UNDARY CHANG.E'
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_projecrions pertinent to the proposal, past and prospective
physical developments of land that would directly or indirectly be affected by the
proposed boundary change..." Considering these points, please provide the reasons the
proposed boundary change should be made. Please be very specific. Use additional
pages if necessary. (7his information is often quoted in the Staff Report, so be
thorough and complete.)
S M~
Ci-~Sa~~;~ o...:~.~.s P23~~~~`~t i-~►1i
U ~ ~.l 2.1 S I L(1'~+N ( 7-~ G .A /L-3 ~ - C, w til'. S C L+..\_1_
S /L S c R Vl~.
B. If the properry to be served is enrirely or substantially undeveloped, what are the plans
for future development? Be specific. Describe type (residential, industrial, commercial,
etc.), density, etc.
I-0 oN~
' III. LAND USE AND PLANNING
A. Is the subject territory to be developed at this rime? lA~
B. Generall describe the antici ated devel
o ment buildin es facilities n m r
Y P p ( g typ , , u be of
units).
NI~
C. Is the subject territory inside or outside of the Metro Regional Urban Growth
Boundary? ~Lj 5 J 4),F-
12
Revised 11/93
~ •
D. What is the applicable County Planning Designarion?
or City Planning Designarion ~ ` ~ • ~ ~`c^' Does the proposed development comply with applicable regional, county or city
comprehensive plans? Please describe.
. A .
E. What is the zoning on the territory to be served?
l'z. 2-;
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 o 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 azea?
o Yes o No o City has no Plan for the area.
Has the proposed development been discussed either formally or informally with any of
the following? (Please indicate)
o City Planning Commission o City Planning Staff •
o City Council o Ciry Manager
Please describe the reacrion 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, County, 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 A-mendment
Pre-Application Hearing (City or County)
Preliminary Subdivision Approval
Final Plat Approval
Land Partition
Condirional Use
Variance
Sub-Surface Sewage Disposal
Building Permit
Please submit copies of proceedings relaring to any of the above permits or approvals
which are perrinent to the annexation.
' I. If a city and/or county-sancrioned citizens' group exists in the area of the annexation,
' please list its name and address of a contact person.
TAnL G.i .T _
IV. SERVICES AND UTILITIES
A. Please indicate the following:
1. Locarion and size of nearest water line which can serve the subjeci area.
Zq L S 14
Revised 11/93
Y , • ~ •
2. Location and size of nearest sewer line which can serve the subject area.
~ S• .
~
3. Proximity of other faciliries (storm drains, fire engine companies, etc.) which can
serve the subject area
"s ~ (tr~~ A./?n. •,..n .3 : ~:1c. : S ;Z• N ~,-;tia~ L
A 2..A .
4. The time at which services can be reasonably provided by the city or district.
mdav, U no n) 10J' Ro v~~ L
S. The estimated cost of extending such faciliries and/or services and what is to be
the method of financing. (Attach any supporting documents.)
9=~s. c..D a--.,..~:. L
6. Availability of the desired service from any other unit of local government.
(Please indicate the government.)
N~Q
15
Revised 11/93
_ , . ~ ~ •
B. If the territory described in the proposal is presently included within the boundaries of
any of the following types of governmental units, please so indicate by staring the name
or names of the governmental units involved.
fi1kA i-Q 1 -v 'v~A a.~ti
City Rural Fire Dist Ttc7
,
• ~,~;:l,~Nc~ S~er~r5 p`~~a- ~
County Service Dist.u&sa,, .eoaos r~~~~-&z,,CSanitary District U 5.~
Hwy. Lighting Dist. Water District
~Gn 'QJ -"itini..a;1
. Grade School Dist. O< ST a..c.~ (7rs ~~)Drainage District
High School Dist. Diking District
Library Dist. Park & Rec. Dist.
Special Road Dist. Other Dist. Supplying Water Service
C. If any of the above units are presently servicing the territory (for instance, are residents
in the territory hooked up to a public sewer or water rystem), please so describe.
(1.LAL.A 1IU £PI-SC u. i rt I/ ~J %1 G a 20 G.r.A 2 C 5%'~-~( S
APPLICANT"S NAME ~ 71)'0- 121~5
MAII.ING ADDRESS S~ 0A L-L g►-✓Q ,
o~ S -7 2,13
VAL-
TELEPHONE NUMBER 635 '417 I (Work)
(Res.)
REPRESENTING
DATE: 1 Z~ Z~1 I 5~
16
Revised 11/93
• ~
~
AGENDA ITEM # ~
For Agenda of December 12, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone Chancte Annexation ZCA 95-0006
14
PREPARED BY:,. Rav Valone DEPT HEAD OK ~v 1~TY A.DMIN OK (A44~
ISSUE BEFORE THE COUNCIL
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary Commission a request to initiate annexation of two.
parcels consisting of 0.56 acres located along SW Fonner Street west of
SW lllth Place?
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 properties
in conformance with the city comprehensive plan.
INFORMATION SUMMARY
The proposed annexation consists of territory comprised of two parcels of
land totaling 0.56 acres. 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 properties. Attached is a resolution
initiating annexation and an ordinance to change the zone designation from
Washington County R-5 to Tigard R-4.5.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
FISCAL NOTES
Since the territory is within Tigard's active planning area, the city is
responsible for the Boundary Commission application fee of $225.
WITY 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 95-0006).
WHEREAS, the Tigard City Council held a hearing on December 12, 1995, to
consider the annexation of two parcels consisting of 0.56 acres located
along SW Fonner Street west of SW lllth Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change
under Boundary Commission law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B)
to initiate an annexation upon receiving consent in writing from a
majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in
the territory proposed to be annexed; and
WHEREAS, the property which lies within the boundary of the Washington
County Enhanced Sheriff's Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1 and
the Washington County Vector Control District would, by operation of ORS
199.510, be automatically withdrawn from those districts immediately
upon completion of the annexation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Council, pursuant to ORS 199.490(2)(a)(13),
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
December 12, 1995
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Zone Change Annexation 95-0006
REQUEST: To annex two parcels of 0.56 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.
APPLICANTS: Jon and Judy Fessler Robert J. Davis
11180 SW Fonner St. 11195 SW Fonner St.
Tigard, OR 97223 Tigard, OR 97223
OWNERS: Same
LOCATION: The south side (Fessler) and north side
(Davis) of SW Fonner Street just west of SW
lllth Place - WCTM 2S1 3AC, lots 1700
(Fessler) and 1503 (Davis). See vicinity
exhibit map.
2. Vicinity Information
Site A(Fessler): Properties to the north, east and west are
in Washington County and zoned R-5. These parcels have single
family residences on them. The parcel to the south is in the
city and zoned R-4.5. This parcel contains the applicant's
residence.
Site B(Davis): Properties to the north, east, south and west
are in the county and zoned R-5. These parcels have single
family residences on them.
3. Backcrround Information
The applicants 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 Fessler property is vacant and separated from SW Fonner
Street by tax lot 1800. It slopes downward from west to east
1
' II
• •
and has a tree canopy over the southern half. Access to the
property is via an easement granted by lot 1800. The Davis
property is relatively flat and has a single family residence
located on the southern half along SW Fonner Street. The
property has approximately 84 feet of frontage along SW Fonner
Street, which is functionally classified as a minor collector.
This section of SW Fonner Street is within the city limits.
The two applicants separately requested that their properties
be annexed to the city by means of the double majority method.
~ They are being combined into one application proposal for the
sake of efficiency and financial savings. Representing the
owners of more than half the land (1001i) and a majority of the
' registered electors (100s) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The Fesslers have initiated annexation in
order to bring their vacant property into the city for
consolidation purposes. Davis intends to obtain sewer service
, after annexation to the city.
The proposal includes the request to initiate annexation to
the city and to change the zone only on the properties.
Because the ro erties are in th
~ p e city'sActive tlanning Area,
, they have already been assigned a Tigard Comprehensive Plan
designation, which is Low Density Residential.
5. Agencv 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 CONCLIISIONS
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 and
2
, • ~
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
properties.
3. Policy 10.1.2, boundary criteria for annexations, is
satisfied because the proposal will not create a boundary
I irregularity in this area; the Police Department has been
notified of this re est and has no ob'ecti n-
~ ~ o , 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 properties.
4. Policy 10.1.3, zoning designation, is satisfied because
the affected parcels 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 sites.
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 properties are
established areas 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
properties shall be designated as established areas on
the development standard areas map of the comprehensive
plan.
C. RECONIIriENDATION
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0006.
3
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, CITY OF TIGARD, OREGON i
ORDINANCE N0. 95-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0006).
WHEREAS, the Tigard City Council held a public hearing on December 12,
, 1995, to consider a zoning designation for two parcels of land located
along SW Fonner Street west of SW lllth Place; and
WHEREAS, on December 12, 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 properties shall be
designated as follows:
Tax Map, Lot Number Current Zonincr New Zonin4
2S1 3AC, lot 1700 Wash. Co. R-5 Tigard R-4.5
2S1 3AC, lot 1503 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
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September 11, 1995
~Ep ~ GARp .
City of Tigard
13125 SW Hall Blvd. Tigard, OR 97223
RE: Sewer Connection Letter of Approval
Dear City Staff,
I have contacted the Unified Sewerage Agency (U.S.A.)
regarding the connection of my home to the U.S.A sewer line
in front of my house.
In the letter I received from the U.S.A. they indicated that
I would need a letter irom the City that allow5 the U.S.A. to
service my property. I have enclosed a copy of the U.S.A.
letter. .
Please provide me with the letter as requested by the U.S.A.
If you need additional information please £eel free to call
me at home or work (phone numbers below).
Thank you,
I ~
Robert J. Davis Work: 229-6196
11195 SW Fonner St.
Tigard, OR 97223
, Home: 639-7075
~
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I
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✓'.r
~
UNIFIED SEWERAGE AGENCY OF WASHINGTON COUN'TIr
August 22, 1995
Mr. Robert J. Davis
11195 SW Fonner Street
Tigard, Oregon 97223
Dear Mr. Davis:
Subject: Sewer Connection at 251 3AC-1503
In response to your letter dated August 1995 your information is
correct. The sewer line installed for Humboldt Creek Estates was
acceptied by USA in April 1995. The connection fee for an existing
. home is currently $2,200.00. The only other fee you would pay to
this agency would be a$50.00 line tap inspection fee if there is
not a stub provided for your lot. The above referenced costs are
connection and inspection fees and do not include any construction
costs. You will also need to obtain a plumbing permit from
Washington County.
The information listed above is contingent upon your obtaining a
letter from the City of Tigard (your parcel is located in their
growth planning area) that allows USA to service your parcel.
If you have any questions or need further information please call
me at 681-3620.
Sincerely,
Shar.on Derby
Engineering Technician
/eb
. 155 North First Avenue, Suite 270 ~ Phone: 503/648-8621
Hillsboro, Oregon 97124 FAX: 503/640-3525
1 , . • •
September 11, 1995 D ~9~5
S~p 15 ~D
City of Tigard OV,
13125 SW Hall Blvd. Tigard, OR 97223
RE: Sewer Connection Letter of Approval
Dear City Staff, ,
I have contacted the Unified Sewerage Agency (U.S.A.)
regarding the connection of my home to the U.S.A sewer line
in front of my house.
In the letter I received from the U.S.A. they indicated that
I would need a letter from the City that allows the U.S.A. to
service my property. I have enclosed a copy of the U.S.A.
letter. ,
Please provide me with the letter as requested by the U.S.A.
If you need additional information please feel free to call
me at home or work (phone numbers below).
Thank you,
4--1-
Robert J. Davis Work: 229-6196
11195 SW Fonner St.
Tigard, OR 97223
Home: 639-7075
. - - • ~
fffi I
UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY
August 22, 1995
Mr. Robert J. Davis
11195 SW Fonner Street
Tigard, Oregon 97223
Dear Mr. Davis: Subject: Sewer Connection at 2S1 3AC-1503
In response to your letter dated August 7, 1995 your information is
correct. The sewer line installed for Humboldt Creek Estates was
accepted by USA in April 1995. The connection fee for an existing
home is currently $2,200.00. The only other fee you would pay to
this agency would be a$50.00 line tap inspection fee if there is
not a stub provided for your lot. The above referenced costs are
connection and inspection fees and do not include any construction
, costs. You will also need to obtain a plumbing permit from
Washington County.
The information listed above is contingent upon your obtaining a
letter from the City of Tigard (your parcel is located in their
growth planning area) that allows USA to service your parcel.
If you have any questions or need further information please call
me at 681-3620.
Sincerely,
a
Shar.on Derby
Engineering Technician
/eb
155 North First Avenue, Suite 270 ~ Phone: 503/648-8621
Hillsboro, Oregon 97124 FAX: 503/640-3525
October 12, 1995
PORTLAND METRO AREA BOUNDARY CONINIISSION 800 NE Oregon Street (STE 540)(#16)
Portland, OR 97232-2109
Dear Person:
About two years ago we purchased a 0.22 acre parcel that adjoins our lot. We have since gone
through Washington County and have had it made part of our lot. Our original lot lies just within the
city limits of Tigard. The additiona10.22 acres is not in the City.
We therefore request that this 0.22 acre portion of our property be placed within the city limits of
Tigard so the entire lot is a11 within the same jurisdiction. We request the double majority method and
have included a11 the forms and data as requested.
Thank you for your attention to this matter.
.
Sincerely,
~ .
QB /
~Q,,,~
d '
Judy Fessler J n Fessler
11180 SW Fonner , 1180 SW Fonner o
Tigard, OR 97223 Tigard, OR 97223
(503) 639-1216
,
. , ~ PMALGBC FORIYI #1 S ~
PETITION FOR A1VNE,Y.4TION TO THE CITY OF OREGON
,
TO: The Council of the Ciry of Oregon
I
We, the undersigned property owners of and/or registered voters in the area described below,
hereby perition for, and give our consent to, annexation of the area to the City of
If approved by the city, we further request that this petirion be
forwazded to the Portland Metropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The property to be annexed is described as follows:
(Insert Lega! Descraption /iere OR attacli it as Exltibit "A")
17
Revised 11/93
NOTE: 7his petiliun nwy be signad by qunlifind persons avnn though they may not know their properry dascription or precinct numbar. '
SIGNATURE PRINTEO NAME 1 AM A:• ADORESS PROPERTY DESCRIPTION PRECINCT l~ DATE
PO RV OV LOT B 1/4 SEC. T 9
~
J ~
~ 4_~ $S ~t"~L x X X /11& Sw ~hhf1/ A X Z
' PO = Property Ownet
RV = Rtlgislnrrd Votet
OV = Owner Voter
v IU•UU1;i (H f92)
Fidelity National Title Company of Oregon
STATUTORY BARGAIN and SALE DEED
(Individual or Corporate)
KENNETH A. BOUCEK AND JOLYNNE ASH--------------------------------------------------
. gi•aWmr, cr,ni•c t'a• m ,....J.4N.. Lr....FE,SSLER
AND........
..........hu.sba.c~d...and.. wif,e-.---,--.---.--,---,--,---.-
qruouoe. 11te/ollrnwrn,q de.crrihecl reu/ prnperv1%.einluwr1 iii llw rowil~•
i~.ashizxgt.on .S~lult' u/~~)1't',Nnl1, M ~ril: .
The South 98 feet (approximately .22 acres) of the following described property:
Beginning at a point in the centerline of Fonner Road (County Road No. 495), said
point beging South 00° 53' West 2216.8 feet and North 87° 46' East 723.4 feet from
the north quarter section corner of Section 3, Township 2 South, Range 1 West of
the Willamette Meridian, in Washington County, Oregon; thence continuing North 87°
46' East 98.0 feet to a point; thence South 02° 00' 30" East 336.54 feet to an iron
pipe; thence South 87° 46' West 98.0 feet to an iron pipe; thence North 02° 00' 30"
West 336.54 feet to the point of beginning of this description, EXCEPTING that
portion of land lying within the right-of-way limits of said County Road No. 495.
THIS DEED IS BEING EXECUTED TO COMPLETE LOT LINE ADJUSTMENT AS SET FORTH IN
WASHINGTON COUNTY CASE FILE 93733LLA.
'I'filS INS"I'f2UMF.NT WII.L N(>"I' ALLOW IISE OPTIIF: PROPF,RT1' Df3SCIZIl3f:D IN TIIIS INSTRUMF?N'I' IN vl()I.l\•
'I'IO\ OF Al'{'I.IC'AIiL[: LANI) USf3 l.nN'S AND I2EGlJl.n'I'IONS. 131iFOIZI: SIC;NWG OIZ nC'(.I{I'i'IN(;'I'I Il.ti IN'ti'I'I:I'-
M[:N"1' TI-IE PFRSON ACQUIRING FEE "('ITLE TO. TH[: PROPERTY SI-10U1_D CHECK WI'I'hl THL: AI'I'IZUI'll IA'I'I? I'I'1'
OR COUNTY {'LANNING UF..PARTMENT TO VERIFY APPROVEI) USES.
'T'HE "1'RUE ,1ND ACT'UAL CONSIDF.RATInN FC)R TI-IIS ('ONVI:YnNC'f; IS S.S.,O.O.Q...QO,,,,,,,,,,,,,,,,,,,,
...TH.QU.S.ANA..ANA...NQ/.~,QA.---,--.---.--.-----,---,--.---,--,---,--.---.--,---,--..-.--,---.--.-.--,---.----
(5ce ()It5'JZ.(Iic1)
I)mccl Uii. cluy ul .t,o}~.er..,..
. .
..'K NETH..A.;...~30U .E . .
' ...:J' LYNNE"ASH
Newm~ex►co
STATE OF C7FtEGTTiQ. County ul' q Yl ~ O V q' 1§
'fhis insu-inncni wa. urknowlcclgccl hcl'orc mc cin 0 C.-tp.b C~ r
I,y - }~-e-101-cdle-.1~. ~ ._~OS.1C e~. _
.
' I'hk in.lrumrnl w;is acknowl zclgccl hcl'urc mc un
hv \.1C 2\L. I) L3......
oI, - - -
Nolary Puhlic in ancl fcir e=gdu IJ.p W(Y1e X icp•-•-•---..'..._.
My commissicm cxpires; q5
CiRANTOR'S NAME
Kenneth A. Boucek and Jolynne Ash Spucc rescrvccl I'cir
rccorclcr's usc I
GRANTEE'S NAME °
Read and approved by: , ,
Jon i. FeGG1er and Tudirh L Feasler /'n L. Fess ~r ~
Uniil further notice send future tux statements to; C.... o~ .i
' udith L. Fessler
Tnn T Faccl cr anr~ Tnrii j-~,T FPCsler
11180 SW Fonner
Ti gard . OR 97293
AFTER RECORDING RETURN TO:
Jon L. Fessler and Judith L Fessler
11180 SW Fonner
Tigard. OR 97223
. s ,
• 0
PitiIALGBC FORM #4
CERTIFICATION OF LEGAL DESCRIPTION AND MAP
I hereby certify that the descriprion of the property included within the attached petition (located on
Assesso r's Map 2 .S I 3 /-V c Z 725~d )
has been checked by me and it is a true and exact description of the properry under consideration,
and the descriprion corresponds to the attached map indicating the property under consideration.
NAiNE
TITLE
DEPARTIfENT ~~t-~a.r',r~~y/~ ~ ~~7`'✓~s+ ~ ~1'i,r
COUNTY OF Wa7~~ IGt~'~/N
DATE e~
19
Revised 11/93
. . • ~
PMALGBC FORM #16 CERTIFICfiTION OF PROPERTY OWNERShTIP
- (Double Majority Method)
I hereby certify that the attached petition for annexation of the territory described therein to the City
of %~~?}JQD contains the names of the owners* of a majority of, the land azea of the
Y.:
territory to be annexed, as shown on the last available complete assessment rolr
NAME ~ G
TITLE ~r slra~k~-
raP~wT - f1.~Scr.r,r~r-~rV /.a~v
DEPARTNMNT ~~rIeg
COUNTY OF lNaf~/~ ~ r"
DATE
" "Owner" means the owner of the title to real property or the contract purchaser of real
property.
PMALGBC FORM #17
CERTIFICATION OF REGISTERED VOTERS
I hereby certify that the attached petition for annexation of territory described herein to the City of
contair.s Lhe names of at least a majority of the
electors gistered in the territory to be annexed.
NAME
TITLE -
DEPARTMENT ry
COUN?Y OF
1
DATE #5FIf 5~-
--1 s
Revised 11/93
. . ~ ~
PMAL GBC FORM #ZO
DO UBLE MAJORITY WORK SHEET
Please list all properties/registered voters included in the progosal. (If needed, use separate sheet for
additional listings). _
PROPERTIES
Property Assessed S.
Pennon
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
`s i 3 Ac , cJcn/ y., CSSLe-2
1-700 .zz Jucp,- tA kss r 2 G G
TOTAI.S 22
Revised 11i93
~
PNIAL GBC FORitiI #20 (continued)
RLGISTERED VOTERS
ADDRESS OF REGISTERED - NAME OF REGISTERED SIGiNED PETITION
Voter Voter Yes No
:
.
~
TOTALS
SU11&IARY
TOTAL iNU1vLBER REGISTERED VOTERS IN THE PROPOSAL
W~1~ffiER OF REGISTERED VOTERS WHO SIGiNED
PERCENTAGE OF REGISTERED VOTERS WHO SIGiNED
TOTAL ACREAGE IiN PROPOSAL ~1 C' i? ~S
,
ACREAGE SIGiNED FOR
PERCENT'AGE OF ACRE aGE SIGiNED FOR ~~j~ /O •
23
Revised 11/93
RE UEST F R M •
Q O CO MENTS ~
CITY OF TIGARD
OREGON
TO: Gary Alfson, En ineering DATE: November 14, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
111th Place. 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: November 27, 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: ~✓~99. &I/W
Phone Number: X3 3
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[
REQUEST FOR COMMENTS NOV 14 199~
5
CITY OF TIGARD
fIRE MHKJr1HL J UtFI(;t OREGON
TO: Gene Birchell, TVFR DATE: November 14, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R-4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
, 111th Place. 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: November 27, 1995. You may use the space provided below or attach a separate letter
to return your comments. If vou are unable to respond by the above date, please phone the staff contact noted
above with your comments and confirm your comments in writing as soon as 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:
"THIS IS NOT AN APPROVAL"
Service Availability: The Fire District has manpower and equipment in the area that can
respond to an emergency incident and implement whatever action needs to be taken. Prior to
approval of this project for planning purposes, plans drawn to scale showing access roadways,
water supplies and other features need to be submitted to this office through formal application
to Washington County Planning Department for review and approval.
If you are in need of any of the fire district's requirements, please feel free to contact me.
526-2469
C x-t~
Jerry Renfro DFM
Plans Examiner
• ~ • ~
REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Lee Walker, USA DATE: November 14, 1995
I FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R-4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
111th Place. 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
I 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: November 27, 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.
_ VVritten comments provided b21ow:
(Please provide the following information)
Name of Person Commenting:
Phone Number:
Al
1
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REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Brian Moore, PGE DATE: November 14, 1995
FROM: Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
111th Place. APPUCABLE 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: November 27, 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 proposa) 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: :7'Q.V%-J kw~
Phone Number: ~(,O-\-!::~
" • •
REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: Michael Miller, Water Dept. DATE: November 14, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
111th Place. 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: November 27, 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: Ml~ Phone Number: k 4S4S`
. ~ •
REQUEST FOR COMMENTS ~
CITY OF TIGARD
OREGON
TO: lim Wieskamp, GTE DATE: November 14, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R-4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
111th Place. 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 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: November 27, 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:
-A 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:
. " • •
REQUEST FOR COMMENTS A4~
CITY OF TIGARD
OREGON I
TO: Kelley lennings, PD DATE: November 14, 1995
FROM: Tigard Planning Division STAFF CONTACT: Ray Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZCA 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R4.5. Davis requests annexation of one
parcel of 0.34 acres into the city and changing the zoning from Washington County R-5 to City of
Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
lllth Place. 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: November 27, 1995. You may use the space provided below or attach a separate letter
to return your comments. If you are unable to respond bv 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)
&1/7
Name of Person Commenting:
Phone Number:
~ i OPROPOSAL DESCRIPTION
CITY OF TIGARD
OREGON
FILE NO: ZCA 95-0006
FILE TITLE: Fessler/Davis Annexation
~
APPLICANTS: Jon and Judith Fessler Robert Davis ~ OWNERS: Same
11180 SW Fonner Street 11195 SW Fonner Street
Tigard, OR 97223 Tigard, OR 97223
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the
zoning from Washington County R-5 to City of Tigard R-4.5. Davis requests annexation of
one parcel of 0.34 acres into the city and changing the zoning from Washington County R-5
to City of Tigard R-4.5.
LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW 111th Place.
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.
CIT: Central CIT FACILITATOR: List Available Upon Request
PHONE NUMBER: (503)
= e = o o = o 0 0 0 0 = _ - - - - - o o = _ _ _ = c = _ = o 0 o e = e e = = o = o ~ ~ ~ = e ~ o a o
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: 12/12/95 TIME: 7:30;
~
= o o = _ = c = _ _ _ _ = e e = _ = e = e = _ = o = _ - = o e e = _ _ _ _ _ = e = e e o a o a v o e
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 .
I
0 ~
CITY OF TIGARD, OREGON
. .
ZONE CHANGE g:_:0 - T APPLICAIM
.r--
CITY OF TIGARD, 13125 SW Hall, PO Bos 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY
CASE NO . f-~ ~ S - ~ ~
OTHER CASE NO' S: RPL ' 2 aO~
~ i s Pa &T- o F 1[G:.` 4PAL.
N~A nJo FcC coc~~ -~`S9)
RECEIPT N0.
APPLICATION ACCEPTED BY.
DATE: f D rs9S
1. GENIItAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION 0 5..i r0-1)av& cSi'_ (A) Application form (1)
-lGa ~ oJL 9 7 2'1 3 (B) Owner's signature/written
TAX MAP AND TAR LOT N0. B~ As C- 1-7 04, authorization
L,,-" (C) Applicant's statement
SITE SIZE . 22- A cJ~.eS (pre-app check list)
PROPERTY OWNER/DEED HOLDER*-50,fJ F, UZAbY F;i;SSL1F.2 (D) Filing fee
ADDRESS I j 1~C; $LJ roN,,Ii:t Sr- PHONE 01 - 1Z) (o Additional information for Compre-
CITY j16nR6 ZIP q"7 ? Z3 sive Plan Map Amendments/Zone Changes
APPLICANT* SA.AA5 U/*(E) Maps indicating property
ADDRESS PHONE location (pre-app check list)
CITY ZIP (F) List of property owners aad
*When the owner and the applicant are different addresses within 250 feet (1)
people, the applicant must be the purchaser of record (G) Assessor's Map (1)
or a leasee in possession with written authorization __%.ZH) Title transfer inatrument (1)
from the owner or an agent of the owner with written
' authorization. The owner(s) must sign this
application in the space provided on page two or
),DETERMINED TO BE COMPLETE:
submit a written authorization with this application. DATE
.~2-~SS
GtP~G~ ~✓a~~~i a nJ
2. PROPOSAL SUPIIMARY
The owners of record /of the sub3ect property FINAL DECISION DEADLINE:
v mea~meat if COMP. PLAN/ZONE DESIGNATI0N:
request a (
s e ~
applicable) from wz"54* to ~4610~, 2.$°1~-
ar►d-A-Znne Cha-a --am-- to
N.P.O. Number:
OR
The applicant requests amend to te Planning Commission Approval Date:
' following sections of prehensive Plan
or Community Dev City C
ouncil Approval Date:
0737P 23P
Rev'd: 5/87
0 40
3. List any variance, conditional uses, or other land use actions to be considered
as part of this application:
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT: /
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subjec[ 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 ~6ZW1 day of 19 ~S
SIGNATURES of each owner (eg. husband and wife) of the subject property.
r
(KSL:pm/0737P)
CITY OF TIGARD, OREGON
COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Bos 23397 '
Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY
CASE N0. '7-cA 'S~'-ouot,
OTHER CASE NO' S: P~',T oe F~" e
APF1..tA7I.av
RECEIPT N0. ,AJI 4
APPLICATION ACCEPTED BY: kv
DATE: -2-1
-1. GENIItAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION _~/(A) Application form (1)
Cap (B) Owner's signature/written
TAX MAP AND TAX LOT N0. `25 l 3.AC- ~ 1~a 3 authorization
(C) Applicant's statement
SITE SIZE 0 13A A C/Z-15 (pre-app check list)
PROPERTY OWNER/DEED HOLDER* Pohpr►lt :3. DoMrS (D) Filing fee 3_ N~_)
ADDRESS f ~)q 5 SW Fo IA Ae~Y ,S'f PHONE 639-707S" Additional information for Compre-
CITY ZIP q?2-23 sive Plan Map Amendments/Zone Changes
~
APPLICANT* (E) Maps indicating property
ADDRESS PHONE location (pre-app check list)
CITY ZIP (F) List of property owners and *When the owner and the applicant are different addresses within 250 feet (1)
people, the applicant must be the purchaser of record (G) Assessor's Map (1)
or a leasee in possession with written authorization Title transfer instrument (1)
from the owner or an agent of the owner with written
suthorization. The owner(s) must sign this
application in the space provided on page two or
submit a written authorization with this application. DATE,DETERMINED TO BE COMPLETE:
, 2. PROPOSAL S[JrIIMARY -2, r,,.te C,4^ a&~ A"J"'e-y-A^'0
The owners of recork6f the subject property FINAL DECISION DEADLINE:
request gomFl -(if COMP. PLAN/ZONE DESIGNATION:
applicable) from P--5 " to--f1Gn11n 2-4-~
an a one Change rom to
. N.P.O. Number:
OR
The applicant requests an amendmen t-a-the Planning Commission Approval Date:
following sections of the e ensive Plan
or Community Deve t Code
City Council Approval Date:
0737P 3P
Rev'd: 5/87
0 . 0
3. List any variance, conditional uses, or other land use actiona to be considered
as part of this application: r)/ /...E '
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT: ,
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
• B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of the above statements and the statements in the plot plan,
attachments, and exhibits transmitted herewith, are erue; 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 3j 5' day of OJAre7/ 19~
SIGNATURES of each owner (eg. husband and wife) of the subject property.
~i
(KSL:pm/0737P)
October 12, 1995
PORTLAND METRO AREA BOUNDARY CONIMISSION
800 NE Oregon Street (STE 540)(#16)
Portland, OR 97232-2109
Dear Person:
About two years ago we purchased a 0.22 acre parcel that adjoins our lot. We have since gone
through Washington County and have had it made part of our lot. Our original lot lies just within the
city limits of Tigard. The additiona10.22 acres is not in the City.
We therefore request that this 0.22 acre portion of our property be placed within the city limits of
Tigard so the entire lot is a11 within the same jurisdiction. We request the double majority method and
have included all the forms and data as requested.
Thank you for your attention to this matter.
Sincerely,
~ Judy Fessler J n Fessler
11180 SW Fonner 1180 SW Fonner
Tigard, OR 97223 . Tigard, OR 97223
(503) 639-1216
F,
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CITY OF TIGARD
AFFI DAVIT OF MAI LI NG 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 20th day of November,
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 Mait on the 20th day of November, 1995, postage prepaid.
C, M
Prepare Notice ~
~
Subscribed and sworn/affirmed before me on the `k day of 114.L 19-9
fijia A I" ~n.)?g# _ OTPiWC-1
OFfICIALSEAL NOTARY PUBLIC V&EGON
DIANE M JEIDERKS
NOTARY PUBUGOREGON
COMMISSIONN0.046142 My Commission Expires:
MY COMMISSION EXPIRES SEPTEMBER 07, 1999 -71
~
.
OU B L I C HEARINO EXHIBIT A
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL,
AT A MEETING ON TUESDAY, DECEMBER 12, 1995, AT 7:30 PM,
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIOARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
ZONE CHANGE ANNEXATION (ZCA) 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the zoning from
Washington County R-5 to City of Tigard R-4.5. Davis requests annexation of one parcel of 0.34 acres into the city
and changing the zoning from Washington County R-5 to City of Tigard R-4.5. LOCATION: South of Fonner
(Fessler) and north of Fonner (Davis) just west of SW 111th Place. 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 QUAUFIED
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 November 20,
1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO
CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE
RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE
CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST
PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE 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.
, - `
~ ALL DOCUMENTS AND APPLICABORITERIA IN THE ABOVE-NOTED FILE& 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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VICINITY MAP ~ wITMIN nauto cm uriTS ,
ANNEXITION AND ZONE CIUNOE
NOTE: MAP IS NOT TO SCALE N ~ FROM WA6HINOTON COUMY RS
TO TI6ARD R-4.5
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. ~ EXHIBIT B
2S103AC-00600 2SAIC-00800
ENIlME, LARRY M ' BAY CREEK DEVELOPMENTCORP
~ 11221 SW FONNER ST PO BOX 434
~ TIGARD OR 97223 LAKE OSWEGO OR 9703
,
2S103AC-01300 2S103AC-01400
OAK, RICKY J& BARBARA T HOBBS, RONALD E AND JUNE E~•.•
. 11245 SW FONNER ST 7205 SW VENTURA DR
TIGARD OR 97223 TIGARD OR 97223
2S103AC-01401 2S103AC-01501
o
MUNION, CATHERINE MARY VOORHEES, JOHN J
! 11227 SW FONNER KATHRYN A
' TIGARD OR 97223 11145 SW FONNER RD
TIGARD OR 97223
2S103AC-01502 2S103AC-01503
VOORHEES, JOHN J DAVIS, ROBERT J
KATHRYN A 11195 SW FONNER
11145 SW FONNER TIGARD OR 97223
TIGARD OR 97223
2S103AC-01504 2S103AC-01600
ERICKSON, GEORGE W JR FOX, LINDA M
MARLENE IDEEN 11130 SW FONNER
11175 SW FONNER ST TIGARD OR 97223
TIGARD OR 97223
2S103AC-01701 2S103AC-01700
MORTENSEN, COLIN N FESSLER, JON L AND JUDITH•L•••
LOUISE ANE 11180 SW FONNER
11160 SW FONNER TIGARD OR 97223
TIGARD OR 97223
i
2S103AC-01800 2S103AC-01900
TERVO, JAMES P AND EUNICE E RISSMILLER, RONALD W AND
11200 SW FONNER ST DIANE L
, TIGARD OR 97223 11230 SW FONNER
~ TIGARD OR 97223
2S103AC-02000- 2S103AC-02100 .
I HODGES, VIRGINIA A BECKER, DAVID W
! 11300 SW FONNER RD 11340 SW'FONNER RD
TIGARD OR 97223 TIGARD OR 97223
I
2S103AD-00801 2S103AD-06200
MERRIGAN, MICHAEL B/JEAN M BARNETT, CAROL A
11090 SW FONNER 12655 SW 111TH PL
TIGARD OR 97223 TIGARD OR 97223
2S103AD-06300 2S103AD-06400
BAKER, SCOTT A DRESSER, DAVID E AND JUDY•C•••
12675 SW 111TH PL 12695 SW 111TH PLACE
TIGARD OR 97223 TIGARD OR 97223
• • •
2S103AD-06500 2S103AD-06600
DAVIS, VALERIE J LACEY, WILLIAM R AND
12715 SW 111TH PL SHERRILL L
TIGARD OR 97223 12745 SW 111TH PLACE
TIGARD OR 97223
2S103AD-06700 2S103DB-08500
HEUSER, STEPHEN L AND . BADER, BETTYE M
MELISSA F 11165 SW MORGEN CT
12775 SW 111TH PLACE TIGARD OR 97223
TIGARD OR 97223 j i
,
2S103DB-08600 2S103DB-08700
SIGWORTH, DWIGHT L AND MCKERNAN, THOMAS J AND RUBY
KAREN K 11205 MORGEN COURT
11185 SW MORGEN COURT TIGARD OR 97223
TIGARD OR 97223
2S103DB-08800 2S103DB-08900
LAMBIASO, WILLIAM J AND DARLENE SATTLER, LEO G AND
11225 SW MORGEN CT BARBARA J
TIGARD OR 97223 11245 SW MORGAN COURT
, TIGARD OR 97223
I
2S103DB-09300 2S103DB-09400
I GRAVATT, DOUGLAS & LAURA V ABEYTA, THOMAS J AND DEBORAH L
11380 SW ERSTE PLACE 11370 SW ERSTE DR
TIGARD OR 97223 TIGARD OR 97223
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- FAX TRANSMITTAL -
ACE UNDER CITY OF TIGARD LOGO ~
*'AL NOTICE SECTION OF TIGARD TIME
DATE: November 22, 1995
TO: Sue Curran, Legals (fax) 620-3433
FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171
The following will be considered by the Tigard City Council on December 12, 1995 at 7:30 PM 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 matterwill
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 639-4171.
PUBLIC HEARINGS
ZONE CHANGE ANNEXATION (ZCA) 95-0006 Fessler/Davis Annexation
REQUESTS: Fessler requests annexation of one parcel of 0.22 acres into the city and changing the zoning from Washington County
R-5 to City of Tigard R-4.5. Davis requests annexation of one parcel of 0.34 acres into the city and changing the zoning from
Washington County R-5 to City of Tigard R-4.5. LOCATION: South of Fonner (Fessler) and north of Fonner (Davis) just west of SW
111th Place. APPLICABLE REVIEW CRITERIA: The relevant review criteria in this case are Comprehensive Plan policies 2.1.1,
citizen involvement; 10.1.1, service delivery capacity; 10.1.2, boundary criteria; and 10.1.3, zoning designation. Community
Development Code chapters 18.136, annexation requirements; and 18.138, land classification of annexed territory. ZONE: Presently
Washington County R-5.
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TT PUBLISH November 30, 1995 NOTE:MAPIBNOTTO6CALE ~ -N_
9EQUEST FOR COMMENT*11ONS
NO'T1RG4T10N UST FOR UWO IISE 3 OEVELOPMBYT APPI
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BLDG. DEPTJDave Scott, aaa onar ~ POLlCa DWTJKelley Jennings OPERATtONS/John Acker, wr,cso~r.
CIT1f ADIWNJCathV Wheatley, at,r.w. ZC ENC. DEPTJMIchael Anderson, o«. a«w.e,0. _ CONI.D6V. DEPTJD.S.T.*S
ADV. PWGJCaroI Landsman, smw.oamr ~C WATER DEPTJMlchael Mllier, oou.aoro~.ao.woror.r.o,
• . : . : • . . . . : . . . .
: .
SPECIAt. DISTRICTS>;:;
FlR! NIARSHALL L.UNIRED 56YYERAG6 ACENCY _ TUALATIN VALl61f WATER DIST.
Gene Birchell SWM PrograrNlee Walker PO Box 745
Wa. CountY Flre Dlstrlct 155 N. Flrst Street Beaverton, OR 97a75
(pict-up box) Hlllsboro. OR 97124
~
:::::.,.:.:~:::;.;:::::>:>::>;:<_:.::;:<:..:.:;.: AFFEGTEQ>JURISO[CTIONS':<:::
W0. CO. DEPT. OF LAND tJ58 b TRANSP. M8TR0 AR!'A BOUNDARY CO~IYISSION 1116TR0-CRffNSPACfiS
150 N. FIrSt Avenue 800 NE Oregon St 116, Sulte S40 Mel Huie (CPA'sROA's)
Hllisbaro, OR 97124 Partland. OR 97232-2109 600 NE GranC Avenue
Portland.OR 97232-2736
Brent Nrtls (CAA's) STATE HIGiiWAY DMStON
,&Jim Tlce pCA'9 Sam Hunafdl ODOT/REGION 1
Mike Borreson (Engineen PO Box 25412 Laurle NlcholsaNTrans. Planning
" Scott King (CPA'y Porttand, OR 97225-0412 123 N.W. Flanders
' Tom HartY (GUrrent Planning App's) Portland, OR 972094037
_ LYnn Bailey (CUrrent Planning App's) ORECON DLCD (CPA's20A'S)
' 1175 COUR StTeet, N.E. _ OTHER
GTY OF BEAVERTON Salem, OR 97310-0590
LartY Conrad, Senior Planner ~ C1TY OF PORTLAND
PO Box 4755 GTY OF DURHAM Planning Olrector
Beaverton, OR 97076 Clty Manager 1120 SW 5th
PO Box 23483 Portland, OR 97204
C1TY OF bNG CtTY Tigard, OR 972813483
, Uty Manager CtTY OF LAKE OSVYEGO
15300 SW 116th UiY OF TUALATIN Gty Manager
King dty, OR 97224 PO Box 369 PO Box 369
Tualatln, OR 97062 lake Oswego,-OR 97034
. .
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SRECiAi::AGENClES::::::::;::<:;;;::;;;: .
:
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_)CGENERAL TELEPHONE ELPCTRIC ~CPORTLAND GF~IERAL ELECTRIC COLUMBIA CABIE C0.
Jim Wieskamp, Engineering Bnan Moore Craig Eyestane
PO Box 23416 14655 SW Old Scholls Fem/ Rd.- 14200 SW Brigadaon Court
Tlgard, OR 972813416 Beaverton, OR 97007 Beaverton, OR 97005
NW NATURAL GAS CO, ana,eooa ri,.24a METRO ARBA GOMMUNICATIONS TRI-MET TRANSIT DEVELOPMENT
Scott Palmer ~ (3= rr,•um Jason Hewitt Kim Knox, ProJect Planner
220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street
Pardand, OR 97209-3991 1815 NW 169th Place 5-6020 Portland, OR 97232
Beaverton, OR 97006-4886
TCi CABLEVISION OF ORPGON 4US WEST COMMUNICATIONS SOIITFIERN PACIFlC TRANS. CO.
Unda Peterson Pete Nelson Duane M. Fomey, PL5-ProJect Eng.
3500 SW Bonci Street 421 SW Oak Street 800 NW 6Ch Ave., Room 324
Porttand, OR 97201 Pordand, OR 47204 Union Statlon
Pardancl, OR 97209
. . . . . . . .
STATE::.AGENCIES::;:'.: FE~ERAL::AGENCIES
AERONAIJTICS DIVISION (ODOn DIVISION OF STATE LANDS US POSTAL SSRVIC6
- COMMERCE DEPT.-M.H. PARK FiSH & WILDLlFE Ra11CY HeTmOCk, GrOwth COrtl.
PuC _ DOCAMI Cedar MIII SCdtton
_ DEPT. OF EHVIRONMENTAL CuAUTY Portland, OR 47229-9998
_ U.S. ARMY CORPS. OF ENCINEERS
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