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ZCA1996-00003 I March 10, 1999 CITY OF TIGARD ~ Oregon Department of Revenue OREGON Cartography Department 955 Center Street Salem, OR 97310 RE: Formal submittal of the Ordinance and related Exhibits officially withdrawing properties annexed into the City of Tigard from the Tigard Water District. rn: To Whom It MaY Conce This letter serves as formal notice that certain properties annexed into the City of Tigard have now been officially withdrawn from the Tigard Water District.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99- C~5 AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT. WHEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and I WHEREAS, since that rime, the City has annexed certain properties that were within the Tigard Water District; and WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from that Water District to insure the proper entity receives the taxes; and WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for certain debt obligations, however, in this instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WBEREAS, 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 Dish-ict on February 23, 1999; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of , the annexed properties from the Tigard Water District is in the best interest of the City fTigard; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Dish-ict by ordinance. NOW, TI-EREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SEGTION 1: The properties located in the Tigard Water District which have been annexed by the City of Tigard and Final Order by the Metro Area Boundary commission after the City withdrew from the Tigard Water District on March 23, 1993, are herebY withdrawn from the Tigard Water District. SECTION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water District are attached hereto as Exhibits 1 through 27 and incorporated herein. SECTION 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water District shall be July 1, 1999. SECTTON 4: This ordinance shall be effective 30 days after its enactment by the Council. PASSED: By U`n(A rl't MVQS vote of all Council members present after being read by number and title only, this ~ day of 1999. Catherine Wheatley, City Recor APPROVED: By Tigard City Council this~~ day of , r:t~wjl'6~99. ffl 6WMNicoli, Mayor Approved as to form: A i Attomey Date ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98 Page 1 of 1 i:\citywide\ord\wdwithdr.ord.doc Julia li. I 1-Feb.-99 . ~ • . , CITY OF TIGARD WATER DISTRICT WITHDRAWAL Boundary Commission ' Fina( Order No. 3647 EXNIBIT 18 ZCA No. 6 -Ooo3 LEGAL DESCRIPTION OF TNE AREA Parcel 1: 1 A tract of land located in tfie Nortfiwest one-quarter of Section 4, Township 2 South, Range 1 West, WiIlamette Meridian, Washington County, Oregon, described as follows: Beginning at the southwest comer of Lot 21 HANOY ACRES as recorded in Book 10, Page 31 of the Washington County Subdivision Records; thence N 88043'30" E a distance of 170.00 feet to the southeast comer of said Lot 21; thence N 00000'00' W a distance.of 905.30 feet to the nortfieast comer of Lot 21, HANDY ACRES and the soutfi right-of-way of S.W. Fem Street; thence Northwestedy.along said right-of-way to a point which is 50 feet from said east line (when measured at right angles); thence S 00000'00" E, parallel with and 50 feet from said east line, a distance of 539.50 feet; thence S 88°43'30" W a • distance of 120.00 feet; thence S 00000'00" E a distance of 370.30 feet, more or less, to the True Point of Beginning. , Parcel 2: A tract of land located in the Northwest one-quarter o Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon described as follows: . Beginning at the northeast comer of Lot 20 HANDY ACRES as recorded in Book 10, Page 31 of the Washington County Subdivision Records; thence S 00043'00" W a distance of 889.6 feet to the southeast corner of said Lot 20; thence S 89043'30" W a distance of 340.0 feet to the southwest corner of Lot 19 HANOY ACRES; ihence N 00°43' E a . distance of 346 feet; thence S 89°17'00" E a distance of 140.25 feet; thence N 00041' . E a distance of 225.69 feet; thence S 89017' E a distance of 144.72 feet; thence N 00043' E a distance of 297 feet to the south right-of-way of S.W. Fern Street; thence Nortfieasterly along said south right-of-way along a curve to the right with a radius of 333.12 tee: and a length of 61.3 feet to the Point of Beginning. Parcel 3: A tract of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning a the northwest corner of lot 19, HANDY ACRES, a plat of record; thence . along the aro of a 383.75 foot radius curve to the left, through a central angle of 07059'23", a distance of 53.51 feet (long chord bears N 69057'53" E, 53.47 feet) to the True Point of Beginning; thence S 4105111" E, 133.41 feet; thence S 89017' E, 144:72 feet to the southeast comer of a tract conveyed to Paul Hansen, et ux, by deed, recorded January 12, 1973, Book 905, Page 139; thence N 00043' E, 297 feet to the• southedy right-of-way of S.W. Fem Street; thence Southwesterly along the southedy line of S.W. Fem Street and along the aro of a 333.12 foot radius curve to the left, through a. central angle of 21 °05'20", a distance of 122.61 feet (the long chord bea(s S 48°21'03" W, 121.92 feet); thence along the arc of a 383.75 foot radius curve to the right, through the central angle of 28°01'12", a distance of 187.67 teet (the long chord bears S 51 °57'35" W, 185.80 feet) to the True Point of Beginning. . ar 1 4: A tract in the Northwest one-quarter, Sectlon 4, Township 2 South, Range 1 West, Witlamette Meridian, Wasfiington County, Oregon, described as follows: Lot 12, HANOY ACRES. ' , /sy7Yr~•ii~ir~irrirrriiirr.~rrii ~ . • ww' ~e• u ~t BONNEVILLE POWER ~ ADMINISTRATION ; - ~ ~i -~~.,N-•~ ~ ~ ' R ! i . ~ ~ _.~.a• ~ - T . 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A' A, LO ► O • :OUND►• 1 1 I 800 iVE 6REGOfV STREET k 16 (SUITE 540) PORTWND, OREGOlV 97232 PHOIVE: (503) 731•4093 FAX: (503) 737•8376 August 18, 1997 Attached is a correction on the Final Order for P.ROPOSAL NO. 3607 Annexation to the City of Tigard sent to you previously. The correction is for: • Corrected Map • Corrected Legal Description 0 Other . . . Would you please substitute the enclosed correction on your copy of the Boundary Commission's Fina/ Order No. 3607 on this proposal. Thank you. Lana M. Rulien • Administrative Assistant LMT/itt Attachment STAfF COMMISIONERS KENNETH S. MAFiTIN, Executive Officer RAY BARTEL, Chair ROBERT ENNINGA OENIECE WON, Executive Assistant TOM WNITTAKER, Yce-Chair MAflILYNN HELZERMAN ALISA BRODHAY, Planner BOB BOUNEFF SY KORNBROOT LANA FULIEN, Administrative Assistant NATHALIE DARCY 1~6-- 03 41 DOR 34-1145-96 ~ Notice to Taxing Districts Oregon Department of Revenue ORS 308.225 CartograPhic Unit 955 Center St. NE Salem, OR 97310 (503) 945-8297, fax 945-8737 CITY OF TIGARD Description and Map Approved FINANCE DIRECTOR ~ 13125 SW HALL BLVD ; ~A,U~L1St11 1997: TIGARD, OR 97223 . As `Per ORS 306.225 ° XF, Z Description Z Map received from: PMBC On: 7/16/96, 8/26/97 This is to notify you that your boundary change in Washington County for ANNEX TO THE CITY OF TIGARD. WITHDRAW FROM WASHINGTON CO. SERV. DIST. FINAL ORD.# 3607 has been: Z Approved 8/27/97 ❑ Disapproved Notes: II I Department of Revenue File Number: 34-1145-96 Prepared by: Mike Hughes, 503 945-8287 Boundazy: Z Change ❑ Proposed Change ❑ Planned Change The change is for: ❑ Formation of a new district Z Annexation of a territory to a district X Withdrawal of a territory from a district ❑ Dissolution of a district ❑ Transfer ❑ Merge County Assessor copy - Copies to: Taxing District, DepaRment of Revenue, County Commissioners or County Coun/Boundary Commission (If appropriate) ' . • Exhibit B Proposal No. 3607 i LEGAL DESCRIPTION ANNEXATION TO City of Tigard Parcel 1: A tract of land located in the Northwest one-quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the southwest corner of Lot 21 HANDY ACRES as recorded in Book 10, Page 31 of the Washington County Subdivision Records; thence N 88043'30" E a distance of 170.00 feet to the southeast corner of said Lot 21; thence N 00000'00" W a distance of 905.30 feet to the northeast corner of Lot 21, HANDY ACRES and the south right-of-way of S.W. Fern Street; thence Northwesterly along said right-of-way to a point which is 50 feet from said east line (when measured at right angles); thence S 00100'00" E, parallel with and 50 feet from said east line, a distance of 539.50 feet; thence S 88043'30" W a distance of 120.00 feet; thence S 00100'00" E a distance of 370.30 feet, more or less, to the True Point of Beginning. Parcel 2: A tract of land located in the Northwest one-quarter o Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon described as follows: Beginning at the northeast corner of Lot 20 HANDY ACRES as recorded in Book 10, Page 31 of the Washington County Subdivision Records; thence S 00143'00" W a distance of 889.6 feet to the southeast corner of said Lot 20; thence S 89143'30" W a distance of 340.0 feet to the southwest corner of Lot 19 HANDY ACRES; thence N 00043' E a distance of 346 feet; thence S 8911'7'00" E a distance of 140.25 feet; thence N 00041' E a distance of 225.69 feet; thence S 89 ° 17' E a distance of 144.72 feet; thence N 00043' E a distance of 297 feet to the south right-of-way of S.W. Fern Street; thence Northeasterly along said south right-of-way along a curve to the right with a radius of 333.12 1'eet and a length of 87.3 feet to the Point of Beginning. Parcel 3: A tract of (and in Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning a the northwest corner of Lot 19, HANDY ACRES, a plat of record; thence along the arc of a 383.75 foot radius curve to the left, through a central angle of 07 ° 59'23", a distance of 53.51 feet (long chord bears N 69 ° 57' 53" E, 53.47 feet) to the True Point of Beginning; thence S 41 ° 51' 11 " E, 133.41 feet; thence S 89 ° 17' E, 144.72 feet to the southeast corner of a tract conveyed to Paul Hansen, et ux, by deed, Revised 8/18/97 - Final Order - Page 16 ` ~ • Exhibit B Proposai No. 3607 recorded January 12, 1973, Book 905, Page 139; thence N 00043' E, 297 feet to the southerly right-of-way of S.W. Fern Street; thence Southwesteriy along the southerly line of S.W. Fern Street and along the arc of a 333.12 foot radius curve to the left, through a central angle of 21 105'20", a distance of 122.61 feet (the long chord bears S 48 ° 21 '03" W, 121.92 feet); thence along the arc of a 383.75 foot radius curve to the right, through the central angle of 28001'12", a distance of 187.67 feet (the long chord bears S 51 °57'35" W, 185.80 feet) to the True Point of Beginning. Parcel 4: A tract in the Northwest one-quarter, Sectlon 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Lot 12, HANDY ACRES. Revised 8/18/97 - Final Order - Page 17 • ~ ~ I Return completed questionnaire to: Center for Population Research and Census Portland State University Portland, OR 97207-0751 No later than September 26, 1996 for certification on September 30, 1996. i A N N E X A T I O N Q U E S T I O N N A I R E City of ttA-PIb County of Wqr5W-wC, 7L-anJ Annexation Ordinance Number or Final Order Number 3 6 6-7 Effective Date of Annexation -1 25--- Ib NOTE: Enumeration of annexations which involve 200 or more housing units must be conducted under the supervision of the Center for Population Research and Census to be certified. Complete the following section if there are less than 200 housing units in this annexation. Attach completed confidential census schedules for all housing units both vacant and occupied. There must be one sheet for each inhabitable housing unit. HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION TOTAL OCCUPIED VACANT PERSONS UNITS IN SINGLE FAMILY STRUCTURES ,=7 UNITS IN MULTIPLE FAMILY STRUCTURES MOBILE HOMES OR TRAILERS TOTAL POPULATION OF ANNEXED AREA ~C ~s fDATE OF ENUMERATION ENUMERATED BY ^ - POSITION~ ~ . TELEPHONE NUMBER 7- / 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. ~•-L -i WONFIDENTIAL0 . city oi i r,cl ?,ddress ,_s(.t HOUSING TYPE TENIIRE Single Unit Structure Owner Occupied (vf Multiple Unit Structure Renter occupied Trailer or Mobile Eiorae Vacant RESIDENT3 Last Name First Name Sex Aqe ~ Resnondent I 2. 3. 4. ~S s. a1 _IL~ S 6. 7. 8. 9. 10. II . Portland State Gr.iversitv School oz Urban and Public Affairs ' Cen-z°r For °onulation Research and Census 725-3922 WONFIDENTIAL0 ' c ity oz Addres s HOUSING TYPE TENIIRE Single Unit Structure Owner Occupied Multiple Unit Structure Renter Occupied Trailer or Mobile Eiome Vacant RESIDENTS Last Name First Name Sex Age Respondent rn_ -3-~-- 2. .3. ~~,.,,~YII ~ !/Y) L4' 4. 5. 6. 7• - 8. 9. 10. ~ Portland State Univers:ty Scheol of Urban and Public Affairs Center For PonulatJ;.on Research and Census 725-3922 I . ~ • I CONFIDENTIAL city of / Address HOUSING TYPE TENURE Single Unit Structure Owner Occupied Multiple Unit Structure Renter Occupied Trailer or Mobile Home vacant Seasonal ( ) RESIDENTS Last Name First Name Sex Age Respondent GL_ /l Zc ~ ~=~ok..:,~ , -7- 2. 3.' / 4. I 5. 6. . 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census (503) 725-3922 . ' • ~ CONFIDENTIAL City of l ~~~t •t ( 1 Address 142) ~;a IiOUSING TYPE TENURE Single Unit Structure Owner Occupied Multiple Unit Structure Renter Occupied (`'e, Trailer or Mobile Home vacant fr~ cA s~ Seasonal ( ) RESIDENTS Last Name First Name Sex Age Respondent f~~• Z` ~2~>-w~' ~t 6~ i7.Zd--~--,`T L G` 2. C{C-~. _ CGL• 3. 4. 5. 6. 7. I 8. 9. i 10. Portland State University School of Urban and Public Affairs , Center For Population Research and Census (503) 725-3922 • ~OTICE TO TAXING DISTRICTS • ORS 308.225 OREGON DEPARTMENT OF REVENUE This is to not'rfy you that your boundary Cartographic Unit change in Washingtan County, for 755 Ceriter Stp NE RiVNEX T(► TbIG GITY 0~7 TiGARDo 5alemo Ok 97310 L•!T'fNDRAW FROM UASHaNGTON GOo (503) 945-3297 p f a>; 945•-8737 SERV -0 D I5T . FINAL ORDai# 3607 has been: CITY OF TIGARII El Received 7./16~96 F:CiVANCE UIkECTOR 13125 SW HALL BLVD TIGARD9 OR 97223 ❑ Approved Notes: 0 Disapproved (see notes) ' F'ARCEi.. 2 IS MTSSING F'ARi' OF THE nESCRIf'TIOidp FOR MAPPING UNIT AND ASSESSOR USE ONLY DepartmentofRevenuefilenumber. 34-1145-96 Prepareti bvY Michael. ~`,,,;hPS, (503) 945--828I Boundary: Fl Change ❑ Proposed change ❑ Planned change The change is for: ❑ Formation of a new district E] Description L] Annexation of a territory to a district Map L~] Withdrawal of a territory from a district ❑ Dissolution of a district ❑ Transfer ❑ MerGe Received from: PMRC 150-3034)39 (Rev. 12-93) Olstrbutlon: Whfte - taxing dlst. Canary - county asaeasor Plnk- Dept. of Revenue Goldenrod - county commfsslonera or County Court/Boundary Commlssbn (If approprlate) I S . . . _ . . _ _ . . r . . _ cinroF TiGaRD . . _ . . _ - . . . . . _ : _ . - 4REGON . August 28, 1996 . Mapor Xim Niooli 3ohn and Darlene Wozniak . . City Cowx7 11550 SW 72nd Avenue . 1'aa1 Hunt Tigard, OR 972?3 . Brian Moore Bob Ro6lf Dear Mr. and Mrs. Wozniak: . . B[a Scheckla We received ofFcial notifcation tbat the anaexation propasal you requested is final. The eYfective date of the annexation was July 25, 1996. . . On behal[ of the City Council, I welcome you to the City of Tlgard. ' The'County Elections Departrnent has been notitied; they will ugdate your voter registration so you can vote on Tigard issues and candidates. Emergency public safety services can be reached by dialing 9-1•1. The F'ire District continues to serve you as before. The 1lgard Police Department will now respond iastead of the SheritTs Department. Please call the Police Deparhnent ior any public sateAy rnncerns you may have. . 1Ygard is prnud of its well-run facilities. Sbreet maintenance and sewer line services are provided by the City. Unified Sewerage Agency is respoasible for sewage treatment t6rough a contract with the City. Your sewer billing will be handled through a City bi71ing process iastead of through the County tax bill. Water service will continue thrnug6 the 'IYgard Water Department as bePore. . The City of 'ltgard's Library and ifs association with the Washington County Iabruy Service offers you first- rate L'brary service and access to just about any subject. Our Fmance and Administration Departinents are oriented to good citizen service and we ask that you aot hesitate to rall 639-4171 if you have any questioas or coacerns. . Once again, I wis6 you a sincere welcome. Since , ~ es Nirnli yor enclosure i:ladm\jokwdcrome.doc . I 13125 5W Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ ~ - _ . . _ . , : _ : ~ . : . -CITY OF -TIGARD- ~ - . . . . _ ~ _ . _ . . . . : ti.ON. _ _ - - OREG August 28, 1996 Mayor ' J'im Nicou Eric and Cherilyn Johnson City Council • 14130 SW Fern Street Paul Hunt 'IYgard, OR.97223 Brian Moore Bob Rohl[ . . Dear Mr. and Mrs. Johason: Km Scheckla . We received otricial notificatIon that t6e annexation proposal you requested is Pumal. The effective date of the anneaation was July 25, 1996. Oa behalf of the City Counca7, I welrnme you to the City of TSgard. 'The County Elections -Department has been notified; they will update your voter registration so you can vote on ltigard issues and candidates. Emergency public safety services caa be reached by dialing 9-1-1. The Fire District continues^to serve you as before. The 15gard Police Deparhnent w71 now respond instead of the SheriPf's Department. Please call the . Police Department [or any pubGc safety concerns you may 6ave. . 'IYgard is proud of its well-run facilities. Street maintenance and sewer tine services are provided by the 'City. Unifed Sewerage Agency is respoasible for sewage treatment through a contract with the City. Your sewer billing will be handled thrnugh a City billing process instead of through the County tax bill. Water service will continue through the 'ISgard Water Department as before. . The City of Ilgard's Library and its association with the Washington County Library Service ot'Pers you fiist- rate hbrary service and access to just alwut any subject. Our F'mance and Administration Deparhnents are oriented to good citizen service and we ask that you not hesitate to ca11639-4171 if you have any questioas or concerns. Once again, I wish you a sincere welcome. Sincerely, . Jvames Nirnli r eaclasure i:1admVo\welcome.dx 13125 SW Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2712 . - . _ - . ' . . . . . . . . _ . . . i . . . . . . . . " ' " _ . . . . . _ . . . . . _ CITY-,OF-TIGARD . . ~ OREGON. . . - . . , August 28, 1996 ' . . _ , . . . Mayor . . . . . . . . Jhm Ncoli - ' ` . _ • - . . . Marvin Bowman - - - - - - - - C . . ity Coancil . . . . . . 13875 SW 158th Terrace ; . . ` . Plad Hunt . . . M~, OR 972?3 _ _ . ~ _ . - . . . . - , . . _ Brian Mooce • . . Uear Mr. Bowman: . _ . •r. _ : - - _ . . ~ ScLRohifcckla w._ . We received official notit5cation that the aanexation proposal you requested iS final. The eftective date of the annexation was July 25, 1996. . - : . - - . . - - - . ~ . ` - . On behalt of the City Council, I~~velcome you to theLL City of 'IYgard. . Ttie County ElectionsDepartment has : been notified; they will update your voter registration so you can vote on 'Itigard issues and candidates. • bnergency pubGc safety'services can be reached by dialing.9-1-1.1-The F'ire Districtycontinues.to,serve youvas - • - before. The Tigard Police Department wffl now respond instead of the Sherift"s Departnent. Please call the . • _ _Police Department for any public safety concerns you may 6ave. . : - _ . . _ . _ . : . _ . . , . 15gard is prnud of its weD-run [ac7ities. Street ~maintenance and sewec line ser"vices are provided by the City. Unified Sewerage Agency is respo~ble for sewage treatment through a contract with the City. Your sewer ~ ti' will be handled ~ling thrnugh a City billing process instead oP through the County tax bill. Water service will . continue through the 'I7igard Water Department as before. . The City of 1lgard's Lbrary and its association with the Washington County Mrary Service otYers you Pust- rate library service and access to just about any subject. Our FSnance and Administration Departrneats are oriented to good citizen service and we ask that you not hesitate to call 639-4171 if you have any quesdtons or concerns. Once again, I wtsh you a sincere welcome: Sinc , ay~. - - . " : . . , . . ' . -enclasure . i:1adnUo\wdoome.doc • _ - - - - . . . . 13125 SW Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . . . , . _ . . • . . ' ; a"a ' . CIIY.OF TI"= GARD ORE , GOIV~ August 28, 1996 . 11bpor - • ' . J'u o Niaoli Michael and Kari Hohnbaum City Couua7 14160 SW Fern Street - ' - - " - Paul Hunt 1`Igard, OR 97223 . . . Brian Moore . , , , - - . . . . . . _ . . . - - - - - - . - Bob Rohlf • . Dear Mr. and Mrs. Hohnbaam: ; _ . _ . _ . . . . _ . . . _ . _ . . , . . . Sea Scbac*la We received official notification that t6e anneacation proposal you requested 'u final. T6e effective date of the sunexation was July 25, 1996. . . - - . . . - . . _ . . , - . =~.:i On be6al[ oP the City Council, I welcome you to the City of Tigard.,' The.County Elections Departrnent has~ '.been notified; they will update your voter registration so you can vote onTigard issues and candidates. ` . . . . - . - . ~ - - - ' Emergency public safety services can be reached by dialing 9-1-1: :The F'ire District continues to serve you as before. 'Ihe Tlgard Police Department will now respond iastead of the SheritPs Deparhnent. Please call the: . Police Department for any public safety conceras you may have. . . _ . . _ , _ . . _ . . _ . . . . . . . _ . 'IYgard is proud of its well-run facilities. Street maintenance and sewer line services are provided by the City. ' Unitied Sewerage Agency is respocsille for sewage treationeut through a contract with the City. Your sewer billiag will be handled through a City billing process instead of through the County tax bill. Water Service will continue through the Tgard Water Deparbnent as before. . The City of 'ISgard's Library and its associatioa wit6 the Washington County Lbrary Service offers you fiist- rate L'brary service and access to jast about any subject. Our F'inance and Adninistration Departments are oriented to good citizen service and we ask that you not hessitate to call 6394171 if you have any qucstions or conceras. Once agein, I wish you a sincere welcome. Sinc ty, . es Nicoli or . . . enclosure iAachn\Jolwelcame.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 P 335 805 135 P 335 805 11$ US Postal Seroice us Poscal seNice Receipg for Certi~~ed iWa60 Receipt for Certified MaiV -y (Vo Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for Intemational Mail See rever~a ~ Do not use for Intemationa! Mail See revefse ~ nt to ~ `JChYYI I'&S L1b11~~"Q. SPif'vl (p,. ly-c ~ Stree~{ N m C.C C1 ~S ~ ~ 3~b8~~~ I " ` 1 l091 "1 ~ P ffice, State, & code ~ Pos OfficeStat, S~ ZIP ode y~~~ 7D0~j Pos[a Postage / $ O Certified Fee Certified Fee l jl \J Spedal Delivery Fes SAepal ~elivery Fee Restrided Delivery Fee uO Restriqed Delivery Fee U-) 00 Retum Receipt Showing to ~ Retum Receipf Showing to ~ Whom 8 Date Dalivered ( _ Whom & Date DeGvered Retum R ReWm Recelpt Slawing ro Whom, . ~ Date, 8 Ad ~ee's Addre,ss ~ Date, & Addressee's Addreas, . ; a ci TOTAL Posta9ag r> i I r O TOTAL Poste OD vge„' & Fees;~C' ~ ~~j2,. Fees ~'1 ~ . ~ PostmaAc or Date'' E!2 cq Pastrnark r'Da e 41' , $ ; € i , ( F ~ ~ !n C0 a a a -1'~.i_`.,'o - - - ~ P 335 805 112 us Postal service P 335 805 13 ~ • (r°i eGeipt gOO PConafiLzd MO US Postal Service IVo Insurance Coverage Provided. ~ ~eCe1pt fOP CeY$lf9ed Ma@0 ~ Do not use for Intemational Mail See reverse No Insurance Coverage Provided. ~ Sent ro • U N~, ( s Do not use for Intemational Mail See reverse C D J12r V el'f co ~ S reet & Number S. ~ • Q, 3 5~ Street & Number Office, S a , 8 ZIP /C~ode~ -o a- ~~rl ~ P Office State, & ZI Code C Postage ~ Postage Certified Fee • ~ Cartified Fee Spetiai Delivery Fee Spedal Delivery Fee Restricted Delivery Fee ~ fletum Receipt Showing to I I Restricted Delivery Fee Whom 8 Date Delivered I ~ l Ln ~ Retum Heceipt Showing ro ~ Helum Recet Slawing to N'han, ~ Whom & Date Delivered~ $ Date, & Addressee's Adi~ress~' ~ ReNm Receipt tdWl~r! Date,& tltlc~s` 0 TOTAL Poslage ~Fees $ ~ PostmaAc or Date; ~ TOYAL Po ` Fees CO) POShnaAc F a a / ~ ~ li G 1Sv~~ ~iue~~ ~ • - a v £i, P 335 805 132 P 335 805 115 US Postal Service Hc~caup4 forr (~o~u~uec~ ~JauO us Pas~~ sBN~~e Mo Insurance Coverage Provided. ~~~~i{9t $O~' ~el'QIf1~C~ ~~i~ Do not use for Intemational Mail See reverse No Insurance Coverage Provided. sgto II Do not use for Intemational AAai! See reverse D~ t/~-t(~. ~ V ~/Q6t Wa,rD.5M ntto . LI S ~ e P~l ~ IL~ ~'Yl l N ~ Street & J~umber t & Num r St e ,~j t o r~e s~ t , a~ z iP c o a e ~ • C a. t n - 8 - l D l~ l• ~ ~ q'p7S- ~ P st i, State, & TIP Cad Sv~ (ri 9~ f 2- Postage ~ Postage Certified Fee v CeRified Fee t Spedal Delivery Fee ~ Spedal Delivery Fee Restrided Oelivery Fee u~ Restricted DaGvery Fee COD Retum Receipt Showing to ~n ~ Whom & Date Delivered 'm Retum Receip! Showing to y~ ~ ReNm R ~ Whom & Oate DeliverBd.--v ecelpt Showing ro Wham, ~ Date, & Addressee's Addres$: n Retum Receol ~ ~ - Q D3le, & Address ~ TOTAL PoStage ~ Fee 2,. O O TOYAL PoB . Fees $ € Postrnark or Dat aD S 0- C'l PostmaAc o t n u.. u co S P 335 8Q5 134 P 335 805 113 US Postal Service Re~~~~~ ~ertafied MaH US Postal Service No Insurance Coverage Provided. ~~~~8~~ $Op ~%~B'~@~A~d ~~AB Do not use for Intemational Mail See reverse No tnsuranCe Coverage Provided. o Do not use for Intemational Mail See reverse b~ g~ r d. D i osAt :-QA'V«e I lele haye yj Stre t 8 Num ~ -.~3 bx 9~a0 g~'~ I I D~'~ arn y ~ P Q s Office, State, 8 IP Cod ~ 0 P~ ce, scace, a ziP coa/~ 980U ~ Postage $ ~ Postage s Certified Fee Cerofied Fee I ~ l l Spedal Delivery Fee Spedal Delivary Fee Restrictad Delivery Fee ~ Restricted Delivery Fee ~ Retum Receipt Showing to 1 LO ~ Whom & Date Delivered 1 M Retum Receipt Showing to Retum Receipt Shoxmg to Whom, ~ Whom 8 Date Delivered ~ Date, & Addressee's Addre,ss_ Renrm Receipt Showing.ro Whom, Date, 8 Addressee's Addressf ; ` O TOYAL Posta 8~k~ee21 ,~r ~ . /st~q ~,Fees ~ Postrnarc o`D~ ~ TOTAL Pp o a V) Postrna aDate M. ~lo~~ ~ a ~ u ~ti.. _ P 335 805 114 P 335 805 133 U5 Postal Seroice US Postal Service Rece6P$ fOQ' CePtdf9ed Ma90 ~ ReceBpQ fOG Cet$if Eed Ma1l No Insurance Coverage Provided. ~ No Insurance Coverage Provided. Do not use for IntemaUonal Mail See roverse ~ Do not use for Intemational Mail See reve a, 1VnW ~~S ~YMCLD 47J~I y~1 ~ ~ ~ Street S~ Number J ~ - ~U q -~j s10Hice, St e, & ZIP C e ~ P t Of(i , tate, & ZIP Code Beayp'wyml ~9 707~~ a1 ~ ~ Postage $ Postage Certified Fee ~ Certifiad Fee ~ l Speaal Delivery Fee Speaal Delivery Fee Restricted Delivery Fee Restrided Delivery Fee ~ Retum Receipt Showing to j~ LID ~ Retum Receipt Showing to Whom 6 Date Delivered ) i~ " 1Nhom & Date Deiivered ReWm Receipt Shuwing to Whom, ~ ReNm Receipt Showing to Whqm, $ Date, 3 Addressee'sr d*ess',~ ~ Daffi, 8 Addressee's Address : 1~. O TOTAL O TOTAL PoStafje~&IFees ~ postrna oi Date • ' ' vJ POS1RIerlc 0 Dbife ii =1 0 € N y LL ~ IT ~t► 0 LL a ~ . ~--~GV--------- m SENDER: ti ■ImWete fte 0 ms 1 anyor 2 for add'rtion~ sem~e. m 'Compfete items 3, 4a, and 4b. •PRnt our name and addre,ys on }►te reverse of this fortn 8p hat we can retum this ~ a~SO f011oW1n 9SSen~ces ~ card o you. an for an >•ach u,;s torr„ ~ to tne trorn ot:ne ma;rp;ece, or on cne baqk ;f extra fee): nemut. pt Reyuested• p ~a~ ~ the I . O Addressee's Address « •The Retum Receip} ~p ~aw to ~am ariid w as deii ered ~adnd e date ~ Is your m RETURN ADDRESS completed on the reverse side? o delivered. 2. ❑ Restricted pBliv@ry ~ m ~ 3 ••write•ArOicleRetum ReceiAddressed to: Consult postmaster for fee' m=@ o m ~ ~ W ■ ■■~(n ~ d ~ ox~ m ~ O m~. ~ g"~ ~ O 4a• Article Number ~ m ~ ommm I n vv~ ~ c l+' y~~` 3 m ~ m . ~ p 5 ~ V1~J' D ?3 m~'y ?c~--~cSmm 4b. Service Typ e S y a 0 ~ 3 ~ 33 - W ~ g sW 0 1lUs ❑ Registered O Express Mail ~ C e rti fi e d ~ a 4 m n„ a ~ 7a~3 p ❑ Insured 5 ~ O 7~ 7 3 an~ ~ ~,1' ~ ❑ Retum Recei t for Merchandise ❑ COD ~ 3 '_C7,~ f y ~ y Q a Z I L 7. Date of De 'very ~ ~ ~ ~ 0 9 0 • ~ 5• Received 8(P nt Nam 3g e) W o~ 3 m-• O ~ w~ co 8• A ddress 's Address ( nlyifre ques t e d Y . m a n d / e e ~ ~ ~ m 0 6. Signat : (Addressee paid) ~ ~ a A9e o Y PS Form $$1 ~ f , December 1994 y m m~ Domestic Return m f ~ Receipt m m c - ~ o ~ aw m m o (D nm m C) 90 ~oo❑Q 4~- m~ m ~ -w „ 3 o= a m m . m SENDER: n a °0 ' m X m ~ ~ ■Complete items 1 and/or 2(or additional servicea. I 81S0 WISh t0 fgCBiVB th8 in• m r 0 m ~ m~ Z " ~ ■Complete items 3, 4a, arM 4b. fOIIOWl11g S8NiC8S (fOf df1 CE e ~ ■ Prirn your name and 8ddress on the reverse of this form so that we can retum this ~ ~ N ^ m~!~ i~ o ~n ~ card to you. extra fee): ~ m m I < > ■Attach this form to the hortt o} the mailpiece, or on the badc if space does nrn ~ ~ a n ° ~ perm;t. 1. O Addressee's Address •Z m m ~ m■Write'Retum Recgipt Requested'on the maflpieca betow the artide number. ~ r~'i, / ~ 5 •7'he Retum ReCeipt wi11 show to whom the artide was delivered end the dafe 2• O Restricted Delivery Vj U") o m am~ deliverad. n a 0 ~ Consult postrnaster for fee. ~ z 3. Article Addressed to: F41) cle Number ~ ~ ~ a. m N m ~ i' l 33 S d' G 5~ f~ S! O❑❑ o m ~n o m ~ o NiCe Typ8 ~ m n y m m ma m ' ~ m ~ o ` ~ m m istered ❑ CeRified ~ n m n 0 o " ress Mai! ❑ Insured S . ~ a 0 o~~ ~ t~~ ~7 O Retum Receipt for Merchan~ise ❑ Cpp 0 ~ Thank you for using Return Receipt Service. ~ ~ I~ 7. Date of Delivery 0 0 5. Receive y(Print Name S. Addressee's Address (Only if requested ~ and fee is paid) e~ 0 6. Sign re: Ad ess orAg t X ~ - PS Fortn 1, December 199 Domestic Return Receipt m SENDER: ~ ■Complete items 1 andior 2 ior additional services. ~■Complete items 3, aa, and ah. I also wish to receive the ~ ■ Print your name and address on the reverse oi ihis fortn so that N,e can retum tHy fo!lowing services (for an d card co you. extra fee): > ■Attach this form to the hont of the mailpiece, or on the badc if space does not m ` pe""'t' 1• ~ Addressee's Address ° $•~Nrite'Retum Receipt qequey7ed•on t~ ~lpiece below the artide number. ■The Retum Receipt wil! show to whom the artide was delivered and the date • 2. ❑ RBStflCted pg(iVBry p de~rye~y~" 1 • Is your RETURN ADDRESS completed on the reverse side? v~ J. A r tic le Addressed to: ns u l t p o s tr n a s t e r f or fee. a 4a. Article Number ~ a°i J *a m ' D 2 ' ~ m d m 0 x j m~ $C}~' ~ , C'`-" ~✓}~C.G: C~,1 "`~I V' ( C.C l i~' • ~ 33 j C ~i m o G 0 ' ` ~ 4b. Senrice Type « w °7 m Q m a ~ mMo= 62 R1 d f ~ ~ ~ ~-`cva Z d 3G ~Oc ~ - ~q,~~ O Re istered ❑ 0D - a ~ ~ o ~ 3 3 ~ 9 Certified m a) j N N N W a ~ m Ib m D Express Mail ~ O Insured S n $ Q (n,~,n g nm~ S' V 1 I O O ~ 0 R e t u m R e c e i t for Merchandise ❑ CpD ~ m a " m m - ~ 9~~~.~ y~ 1~.7. Dat oiDelive o` m o o a~ ° / • r m ce 3 m'nro ry 7 v ~ N'vo ~ 5. ve o ; ' m p ~p a U. Addressee's Address (Only if re s ed Y ~ o a ~ n 71~r and fee is paid) W .y m o ature: (Addressee or Aqent) ~ w m m m PS Form 3811, D cember 1994 ~ f g ~ w N Domestic Return Receipt ~ pm m m m ~ m F nm fp' m Oo v❑❑❑ Q N ~c p m m ~ ~ SENDE m m ~ R: ~ a mm ~ D d~ M~ ~ ■Complete items t and/or 2 for additionai se ~0 MCes. n°' m c~~ fD ~■Comptete items 3, 4a, and 4b. I 81S0 WiSh t0 I@C61Ve the ro v~ y ~ m Z I m •PriM Yourname m q and address on the reverse ot this (orm so that d card to you. we can retum this following services (for an ~ m ip VJ z ~ ~~-h ~ig fOnn to the hoM of the mailpiece, or an the badc if space does not e~ra f 8 8): m _ m Permit. ai 3 a a ~Z c~ m - 1 m ~ n~ $■Write'Retum Receipt Requested' or> the mailpiece below fhe artide number. 21•' ❑ 0 Addressee'S AddfBSS ~ ~~o m~ o •The qetum Receipt wi0 show to whvm w e a rti d e w a s de livere d and the date Z ~ ~ d e ~Ner e d, R e s t te d De livery y 0 y ~ ~ ~ ~ m f° y N a O m 'a 3. Article Addressed to: Consult postmaster for fee. a ~ ~c m y g z o m 4a. Article Nu mber m E c_ Co . ~~~s ~GS ~ 13 ~ ; ; N ~ - m n m ~ m e ~ m O❑❑ ~ ~ v y o m ° 4b. S e rvi c e Type a , K,'~a 6l-e C~ ~ f►~1J~-/ ❑ Registered ~ n y ~ ~ ~ m m` a ~ m O Ce rt i fie d a i p m v ~ m.2 ~ 0 E x Press Mail o . n a m y ❑ Insured 5 ~ a G G~ ❑ Retum Receipt for Merchand)sa ~ wA- , y L~ ❑ COD Thank you for using Retum Receipt Service. 7. Date of Oe(ivery F 5. Received By: (Print Nama) 9123 - Lt ~ ~ 8. Addressee's Address (Onty if requesied Y and fee is paid) ~ g 6. Signature: dr~ssee orAgent) ~c = X PS Form 3811, pecember 1994 Domestic Return Receipi m SENDER: I also wish to receive the v ■Complete items 1 and/or 2 for additional servicea. m■Complete items 3, 4a, and at. following services (for an d ■ Print your name and eddress on the reve►se of this fortn so that we Can retum this gxtf8 fBB): ~ card to you. ~ ~■Attach this fortn to the front of the mailpiece, or on the badc if space does not 1,0 Addressee's Address •Z ~ pertnit. N d• Write'Retum Receipt Requested' on the mailpiece below the article numbec 2. ❑ ReStricted Delivery t~. ■The Retum Receipt will show to whom the artide was delivered and the date A. ~ deuvered. Consult postmaster for fee. • ° 4a. Article Number ~ ~ 3. Article Addressed to: ~`~3~ fS~`i`.- 1 II E a 4b. Service Type ~ o ~YL1C~ CX~~ ac 0 ❑ Registered O Certlfled N ❑ Express Mail ❑ Insured so W ❑ Retum Receipt for Merchandise ❑ COD ' ° p ~~7. Date of Del ery 0 °C 5. eceived By: (P 'nt Narj3e) B. Addr see's ddress (Only if requasted ~ and (ee is paid) ~ ~ . gnature: (A ssee orAgent) ~ 0 X ~ Ps Fom, 3811, December 1994 Domestic Return Receipt . - - - - + SENDER: ;o ■Complete items 1 and/or 2 for additlonai services. I alSO wish to fBCeiv9 the 9) ■Complete items 3, 4a, and 4b. f0110W1n9 S8NIC8S (fOf $n ~ ■ Print your neme and addresa on the reverse of this fortn so that we can retum this extra fee): ' ~ card to you. ~ ~•Attach this fortn to the front of the maitpiece, or on the badc if space does not 9) pertniL 1. ❑ Addressee's Address ~ Write'Retum Receipt Requested'on the mai(piece below the articte number. 2. ❑ Restricted Delivery N ■The Retum Receipt will show to whom the artide was delivered and the date o denvered. Consult postrnaster for fee. a -a 3. Article Addressed to: 4a. Article Number ~ a I'Q.~i-d,i Vc.S l.o ~j'~,Q~: E I E I 4b. Service Type ~ ° N ❑ Registered ❑ Certified ~ W ►1 ~jC,~,n~l ❑ Express Mail ❑ Insured S ~ ~y U~~ ❑ Retum Receipt for Merchandise p COD ' o z u~ P~/-~~n~l 0~ ra.7~~,1 9 7. Date of Delivery 0 ok ~Cr o ¢ T Received By: (Pnnt Name) 8. Addressee's Address (Only il requested ~ w and lee is paid) ~ g r6. w(Ad ea or Agent) ~ 0 ;0% a~ ~ PS Form 3811, December 1994 Domestic Return Receipt • • ~ MEMORANDUM CITY OF TIGARD, OREGON TO: Ron Goodpaster, Amanda Bewersdorff, Cathy Wheatley, Greg Berry, Tigard Water Dept., Jill Aldrich, Kathy Davis FROM: Nels Mickaelson DATE: August 20, 1996 SUBJECT: Final Order on Annexation 3607 ZCA 96-0003 We have received the final order on Annexation 3607 ZCA 96-0003, effective July 25, 1996. A map of the annexed property is attached. Census information is as follows: Final Order 3607: Owners: Michael & Kari Hohnbaum 2S104BC-01700, 1 SF residence 14160 SW Fern Street Est. population - 2 Tigard, OR 97223 Marvin Bowman 2S104BC-00800, 1 SF residence 13875 SW 158th Terrace Est. population - 1 ~qz~ s Tigard, OR 97223 Eric & Cherilyn Johnson 2S104BC-02000, 1 SF residence 14130 SW Fern Street Est. population -1 Tigard, OR 97223 , John & Darlene Wozniak 2S10413C-01600, 1 SF residence 11550 SW 72nd Avenue Est. population -1 Tigard, OR 97223 i:\cdadmyerree\annex • • August 20, 1996 FINAL ORDER ON ANNEXATION 3607 ZCA 96-0003 We have received the final order on Annexation 3607 ZCA 96-0003, effective July 25, 1996. A map of the annexed property is attached. Census information is as follows: Final Order 3607: Owners: Michael & Kari Hohnbaum 2S1046C-01700, 1 SF residence 14160 SW Fern Street Est. population - 2 Tigard, OR 97223 Marvin Bowman 2S1046C-00800, 1 SF residence 13875 SW 158th Terrace Est. population - 1 Tigard, OR 97223 Eric & Cherilyn Johnson 2S104BC-02000, 1 SF residence 14130 SW Fern Street Est. population -1 Tigard, OR 97223 John & Darlene Wozniak 2S104BC-01600, 1 SF residence 11550 SW 72nd Avenue Est. population -1 Tigard, OR 97223 Please call me if you have any questions. Nels Mickaelson lr~ Community Development Department i:\cdadm~erree\annex\annexmer , . ' • ~ 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: 3607 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3607 commenced upon receipt by the Boundary Commission of a resolution and property owner/registered voter consents from the City on June 5, 1996, requesting ' that certain property be annexed to the City. The resolution and consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on July 25, 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 fr agmented approach has developed to public services Provided bY local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "(c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Community service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather than several governmental agencies is Final Order - Page 1 ~ I in most cases better able to assess the financial resources and therefore is the best I mechanism for establishing community service priorities. I "(2) It is the intent of the Legislative Assembly that each boundary commission I establish policies and exercise its powers under this chapter in order to create a I governmental structure that promotes efficiency and economy in providing the widest range of necessary services in a manner that encourages and provides planned, well- ordered and efficient development patterns. "(3) The purposes of ORS 199.410 to 199.534 are to: "(a) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies; "(b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government; "(c) Provide an impartial forum for the resolution of local government jurisdictional questions; ' "(d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary determinations the commission shall first consider the acknowledged comprehensive plan for consistency of its action. Only when the acknowledged local comprehensive plan provides inadequate policy direction shall the commission consider ~ the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and "(e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies. 199.462 Standards for review of changes; territory which may not be included in certain changes. (1) In order to carry out the purposes described by ORS 199.410 , when reviewing a petition for a boundary change or application under ORS 199.464, a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 and the goals adopted under ORS 197.225." "(2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory: "(a) Territory within a city may not be included within or annexed to a district without the consent of the city council; "(b) Territory within a city may not be included within or annexed to another city; and Final Order - Page 2 ~i "tcf TerritorY within a district may not be included within ortnexed 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 opera#ions and decisions and past direct and indirect instructions of the State Legisleture in arriving at its decision. , FINDINpS (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasans for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved Boundary Change Proposal No. 3607 on July 25, 1996. ~ ' NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "6" and depicted on the attached map, be snnexed to the City of Tigard as of the date of approval." PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ~ , DATE: ULl BY: ~ U Chair ATTEST: ' The effective date of this annexetion will be delayed until the day after the September 17, 1996 special eleccion IF Tigard 93 eny unit of government from which this territory wil) be automatically withdrawn as a result of the annexation, heve an item on the September 17 election date. Final Order - Page 3 ZO 'd 9Z: 2i 96, OZ 6nd 9L28-T2Z-20S:XpJ NSWD Jl?JdQNfIOS QNd~lWd ' • • Exhibit A Proposal No. 3607 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed is located generally on the west edge of the City, north and south of SW Fern St. and east of SW Ascension Drive. The territory contains 9.24 acres, 4 single family dwellings, a population of 7 and is evaluated at $720,890. 2. The owners have expressed an interest in obtaining City sewer services. No application for specific development has been submitted. Owners of the parcel north of Fern St. (Tax Lot 800) would like to partition their property. 3. The Boundary Commission has threeladopted 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 parcel north of Fern Street (Tax Lot 800) is relatively flat with some trees surrounding a single family residence. The remainder of the property contains fruit trees. The territory south of Fern Street (Tax Lots 1600, 1700 and 2000) is heavily wooded with north/northwest slopes at a 20 - 30 % grade. The surrounding property to the north, south, and west contains residential subdivisions within the City of Tigard. The surrounding property to the east is vacant. - 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The Washington County Comprehensive Plan consists of the following eight elements: 1. Comprehensive Framework Plan for the Urban Area 2. County Resource Document 3. Rural Natural Resource Element 4. Community Plans and Background Documents 5. Community Development Code 6. Transportation Plan 7. Unified Capital Improvements 8. Urban Planning Area Agreements The Washington County Comprehensive Plan was reviewed and segments pertinent to this proposal are covered below. Policy 15 of the Washington County Comprehensive Plan states the County's "Roles And Responsibilities" relative to Urbanization: Final Order - Page 4 • • Exhibit A Proposai No. 3607 It is the policy of Washington County to work with service providers, including cities and special districts, and the Portland Metropolitan Area Boundary Commission, to insure that facilities and services required for growth will be provided when needed by the agency or agencies best able to do so in a cost effective and efficient manner. The County Community Plan consists of a plan map and plan text which includes identifi- cation of general design elements, specific design elements and areas of special concern. The County community plan for this area is the Bull Mountain Community Plan. This Community Plan identifies the territory to be annexed as R-6, Residential 6 Units Per Acre. This designation permits Iower density (detached & attached) residential development with densities up to 6 units per acre. The Washington County Community Development Code includes specific detail concerning the R-6 designation (Sec. 304, Washington County Community Development Code). The General Design Elements of the Bull Mountain Community Plan include such items as encouragement of the protection of significant trees, retention of open space, preservation of older sound housing stock where feasible, etc. The subject property falls into a subarea on the Community Plan labeled "Summit And Slopes." The design elements for this subarea relate mostly to development and building constraints. In general, "low densities are planned on the Bull Mountain summit and slopes mainly because of the dominance of steep slopes and established pattern of low density development." The Bull Mt. Community Plan indicates that the subject territory is within two overlay districts. The entire subject territory is within "District B: an existing or potential mineral/aggregate impact area." Parcels 1 and 2(Tax Lots 1700 & 2000) are within "Area Of Special Concern No. 3". The parcels south of Fern St. (excluding the northern half of parcel 1) are designated as "Significant Natural Areas" by the Washington County Bull Mt. Community Plan. It defines these areas as "sites of special importance, in their natural condition, for their ecologic, scientific, and educational value." 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 Compre- hensive 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 "Area Of Interest" as designated in the UPAA. The following pertinent provisions are from Section B, "Area of Interest" portion of the UPAA: B. Area of Inierest 1. Definition Final Order - Page 5 • • Exhibit A Proposal No. 3607 Area of Interest or Primarv Area of Interest means unincorporated lands contiguous to the Active Planning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY Active Planning Area. . 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Area of Interest. 4. The CITY may consider requests for annexations in the Area of Interest subject to the following: a. The CITY shall not require annexation of lands in the Area of Interest as a condition to the provision of urban services for development. b. Annexations by the CITY within the Area of Interest shall not create islands unless the CITY declares its intent to complete the island annexation. c. The CITY agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area, which includes Washington Square, within the CITY Area of Interest. Not contrary to the foregoing, the CITY reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the CITY pursuant to Oregon Revised Statutes. d. Upon annexation of land within the Area of Interest to the CITY, the CITY agrees to convert COUNTY plan designations to CITY plan designations which most closely approximate the density, use provisions and standards of COUNTY designations. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and the COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and an amendment may be initiated before the one year period is over. 8. Washington County reviewed its role in service provision in its Countv 2000 program. This program essentially lays out a long range strategic and fiscal plan for the County. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 9. The Tigard Comprehensive Plan consists of the Resource Document (Volume I) and the Findings, Policies & Imqlementation Strategies (Volume II). The Tigard Community Development Code and the Washington County-Tigard Urban Planning Area Agreement should also be considered a part of the Comprehensive Plan. Final Order - Page 6 . Exhibit A Proposal No. 3607 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 following policies from Volume II of the Tigard Comprehensive Plan appear to be . relevant to this proposal: Policy 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. d. AREAS HAVING SLOPES IN EXCESS OF 25% This policy will only be applicable to the parcels south of Fern Street. Currently there are no plans for development. Only the parcel north of Fern Street has expressed the intent to partition. Policy 7.1.1 THE CITY SHALL: a. Prepare and implement a capital improvements program in conjunction with Washington County and the applicable service districts; b. Work with the service districts to provide a coordinated system for providing services; ' c. Provide urban services in accordance with the Comprehensive Plan to the extent of the City's financial resources; d. Use the Capital Improvements Program as a means for providing for orderly growth and the efficient use of land; e. Develop a Comprehensive Plan with consideration being given to the level and capacity of the existing services; and f. Adopt locational criteria as the basis for making decisions about the property location for public facilities. POLICY 7.1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT APPROVAL THAT: a. Development coincide with the availability of adequate service capacity including: 1. Public water; 2. Public sewer shall be required for new development within the City unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and Final Order - Page 7 • i Exhibit A Proposal No. 3607 3. Storm drainage. b. The Facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to City standards. c. All new development utilities to be placed underground. Policy 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 capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) water• , b) sewer; c) drainage; and d) streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special district for any of the above services. c. The City shall provide urban services to areas within the Tigard urban planning area or within the urban growth boundary upon annexation. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: Final Order - Page 8 • • Exhibit A Proposal No. 3607 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). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY OF ' TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO ' THE COUNTY ZONING DESIGNATION. Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE (USA) LINES EXCEPT: a. Where applications for annexation for those properties have been submitted to the ~ City; or b. Where a nonremonstrance agreement to annex those properties has been signed and recorded with Washington County and submitted to the City; or c. Where the applicable state or county health agency has declared that there is a potential or imminent health hazard. _ Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. Preclude the further development of the properties to urban densities and standards; or b. Preclude the subsequent development of surrounding properties. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTING ORDINANCES: a. Land use; b. Density; c. Placement of structures on the site; Final Order - Page 9 ~ • Exhibit A Proposal No. 3607 d. Street alignment; and e. Drainage. 10. The pertinent Tigard Community Development Code sections appear to be Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. Chapter 18.136 contains approval standards for the City Council when reviewing a proposed annexation prior to submission to the Boundary Commission. These standards are: A. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and 2. The applicable comprehensive plan policies and implementing ordinance provi- sion have been satisfied. B. The plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's compre- hensive plan map designation. C. The determination of whether the property is an established area or a developing area will be based on the standards contained in Chapter 18.138. Chapter 138 provides standards for classifying all lands annexed to the City as either Established Area (unbuildable or essentiaIIy built-out) or Developing Area (buildable). The code requires that one of these two designations be applied to all land at the time of _ ~ annexation. The City staff reviewed it's 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 West 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 Engineering Department, Police and Water Departments and PGE 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 property. Final Order - Page 10 • ~ Exhibit A Proposal No. 3607 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-7 most closely conforms to the county designation of R-6 while implementing the City's comprehensive plan designation of Medium Density Residential. d. The determination that the affected properties are an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land is satisfied because the affected property meets the definition of an established area and shall be so designated on the development standard areas map of the comprehensive plan. The City's Community Development Code does contain an extensive section dealing with the protection of sensitive lands. Sensitive lands are defined as lands within the 100- year floodplain, within natural drainageway, within a wetland area, on steep slopes, or on unstable ground." • Within the OAR 660-07-005 definition of buildable land: Land with slopes of 25 percent or greater unless otherwise provided for at the time of acknowledgement is generally considered unbuildable for purposes of density calculations. The three parcels south of Fern St. have slopes of 25 -30 percent. The land is not buildable and is therefore an established area. The one parcel north of Fern St. is flat. It may be classified as developing. 11. The City conducted a zone change proceeding concurrent with reviewing the annexation and approved a zoning designation of R-7 to be effective upon annexation. 12. In 1988 the City of Tigard did a special study of this general area - The Bull Mountain/Walnut Area Urban Services Study. This study concluded that the City could ultimately supply this area with a full range of urban services in a cost effective manner and committed the City to doing the infrastructure planning necessary to accomplish this in the long term. Final Order - Page 11 . ~ • Exhibit A Proposal No. 3607 13. There is an 8-inch City sewer located in Fern St. approximately 60 feet west of parcel 3 (Tax Lot 1600). This line will provide gravity service to the area to be annexed. 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. (these charges are proposed for increase on July 1, 1996). 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 I remain the same since the City is in the District. 14. This property can get water service from the 6 inch high pressure and 12 inch standard water lines in Fem St. along the subject properties. ~ The territory currently lies within the Tigard Water District which contracts with the City for service. The parcels south of Fern St. lie between an elevation of 300 and 600 feet which is in the Bull Mountain water service level. The parcel north of Fern St. is below 310 feet, which places it within the "410" water service level. The City of Tigard/Tigard Water District water rates begin at a flat rate of $18.62 for 800 cubic feet, charged bi-monthly. Properties outside of the City and District pay an additional Final Order - Page 12 ' • • Exhibit A Proposal No. 3607 $5.50 bi-monthly charge. Additional water use over 800 cf. is charged $1.32/100 cf. for territories both within and outside of the City/District boundaries. The system development charge for property within Bull Mountain area is $1,325, and for all other areas, it is $1,170. The City of Tigard purchases the majority of its water supply - approximately 93% - from the City of Lake Oswego. The remaining water is purchased from the City of Portland, or comes from the Tigard Water District's back-up wells. The wells are within the Cooper Mountain/Bull Mountain Critical Ground Water Area designated by the State Water Resources Department; thus, future utilization of this source will not significantly increase. Tigard buys surplus water from Lake Oswego. During hot weather (on peak day usage) Lake Oswego is not capable of fully supplying Tigard. Growth within Lake Oswego now has reduced the amount of surplus water available to Tigard to about 4 mgd, and the forecast is for no surplus peak supply by 1997. Negotiations are currently under way between Tigard and Lake Oswego to remedy this problem. Tigard hopes to obtain a long-term water supply through a financial and managerial partnership with Lake Oswego. Lake Oswego obtains untreated water from the Clackamas River near Gladstone. Its water rights permits at that location are for 32.3 mgd, and 5.8 mgd. The State of Oregon's minimum streamflow requirements could restrict Lake Oswego from using tlie 5.8 mgd, but not the 32.3 mgd. The existing intake pumps pump 18.1 mgd, but friction within the raw water transmission line reduces the amount delivered to the treatment plant to 14.8 mgd. The water is piped across the Willamette River to the City's treatment plant in the City of West Linn, which has the capacity to treat 16.1 mgd. There the water is treated by coagulation, settling, filtration and chlorination. _ From the treatment plant, the water is sent to the 4.0 MG Waluga Reservoir via a distribution system fed by high service pumps and transmission lines. From the Waluga Reservoir, the water flows west via Tigard owned 24-inch and 16-inch transmission lines. The Waluga reservoir is lower than Tigard's receiving reservoirs, so the water must be pumped through the transmission lines. The pumps have a capacity of 7.9 mgd. The District purchases 1,511 mg of water a year from Lake Oswego at a rate of $.57 per 100 cubic feet. . ' The Portland water supply source is the Bull Run Watershed. An estimate of the ' watershed's municipal capacity is 200 mgd. The water is treated by screening and , disinfected by chlorination. Tigard receives the Portland water at Bradley Comer (at the intersection of Hall Blvd. and SW Greenburg Road) through a 24-inch main connected to ' Portland's Burlingame Standpipes. The Portland Water Bureau can provide from 6 to 8 mgd through a pressure-controlled system of pipelines at Bradley Corner. Portland sells 1 mgd to the District at a rate of $.85/100 cf. Tigard owns four deep wells in the Bull Mountain area. However, only two are operated. The wells are typically only used during the peak water use months of July - August. Final Order - Page 13 ' • . Exhibit A Proposal No. 3607 The Tigard water system has a total storage capacity of 20.95 MG which utilizes reservoirs ranging in size from .28 mg to 10 mg. The system is divided into two service levels. The "410" service level is served by gravity, and the Bull Mountain service level is served via pumps. The "410" zone generally lies below the elevation of 310 feet. It serves the majority of the District's customers, and is fed by reservoirs at elevations between 410 feet and 470 feet. The combined storage for these reservoirs is approximately 8.65 MG. The residential development on Bull Mountain is above an elevation of 310 feet, which is the approximate upper limit of service for the "410" service level. In order to serve the Bull Mountain area, water is pumped by the High Tor pumping station to elevated reservoirs at approximately 710 feet. These reservoirs have a combined storage capacity of 2.3 MG. In addition, the Tigard Water District owns a 10 MG terminal reservoir, at an elevation of 470 feet. Through both pumps and pressure-lines, this reservoir serves both the Bull Mountain and "410" service areas. 15. 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 officers 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. _ 16. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 17. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.2886 per $1000 assessed value will no longer apply to the property. 18. 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. 19. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the territory will be automatically withdrawn from the District. Final Order - Page 14 • ~ Exhibit A Proposal No. 3607 The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. 20. 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. 21. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. REASONS FOR DECISION 1. The proposal is consistent with City, County, and Regional planning as noted in Findings 5 through 12. 2. The proposal abides by the City approval standards in Chapter 18.136 concerning annexation. 3. An adequate quality and quantity of services will be available to the area following annexation to the City as noted in Findings 13 through 21. 4. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and its Policy on Long Term/Long Range Governmental Structure (OAR 193-05-015). Final Order - Page 15 • ~ Exhibit B Proposal No. 3607 LEGAL DESCRIPTION ANNEXATION TO City of Tigard Parcel 1: A tract of land located in the Northwest one-quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the southwest corner of Lot 21 HANDY ACRES as recorded in Book 10, Page 31 of the Washington County Subdivision Records; thence N 88043'30" E a distance of 170.00 feet to the southeast corner of said Lot 21; thence N 00000'00" W a distance of 905.30 feet to the northeast corner of Lot 21, HANDY ACRES and the south right-of-way of S.W. Fern Street; thence Northwesterly along said right-of-way to a point which is 50 feet from said east line (when measured at right angles); thence S 00000'00" E, parallel with and 50 feet from said east line, a distance of 539.50 feet; thence S 88043'30" W a distance of 120.00 feet; thence S 00100'00" E a distance of 370.30 feet, more or less, to the True Point of Beginning. Parcel 2: . A tract of land located in the Northwest one-quarter o Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon described as follows: Beginning at the northeast corner of Lot 20 HANDY ACRES as recorded in Book 10, Page 31 of the Washington County Subdivision Records; thence S 00043'00" W a distance of 889.6 feet to the southeast corner of said Lot 20; thence S 89043'30" W a distance of - 340.0 feet to the southwest corner of Lot 19 HANDY ACRES; thence N 00041' E a distance of 225.69 feet; thence S 89 ° 17' E a distance of 144.72 feet; thence N 00043, E a distance of 297 feet to the south right-of-way of S.W. Fern Street; thence ' Northeasterly along said south right-of-way along a curve to the right with a radius of 333.12 feet and a length of 61.3 feet to the Point of Beginning. Parcel 3: A tract of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning a the northwest corner of Lot 19, HANDY ACRES, a plat of record; thence along the arc of a 383.75 foot radius curve to the left, through a central angle of 07159'23", a distance of 53.51 feet (long chord bears N 69157'53" E, 53.47 feet) to the True Point of Beginning; thence S 41 ° 51 ' 1 1" E, 133.41 feet; thence S 89 ° 17' E, ' 144.72 feet to the southeast corner of a tract conveyed to Paul Hansen, et ux, by deed, recorded January 12, 1973, Book 905, Page 139; thence N 00143' E, 297 feet to the southerly right-of-way of S.W. Fem Street; thence Final Order - Page 16 • ~ Exhibit B Proposal No. 3607 Southwesterly along the southerly line of S.W. Fern Street and along the arc of a 333.12 foot radius curve to the left, through a central angle of 21 005'20", a distance of 122.61 feet (the long chord bears S 48121'03" W, 121.92 feet); thence along the arc of a 383.75 foot radius curve to the right, through the central angle of 28 °01' 12", a distance of 187.67 feet (the long chord bears S 51 °57'35" W, 185.80 feet) to the True Point of Beginning. Parcel 4: A tract in the Northwest one-quarter, Sectlon 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Lot 12, HANDY ACRES. Final Order - Page 17 I PROPOSAL ~ ■ 3607 SW 1/4 NW 1/4 SECTION 4 T2S R 1 W W.M. 2S 1 4BC Washington County Scale: 1 200' pp' yO.W' 1000 :~ii::~i<ti\~ y0 600 300 200 l00 R90 aG ~ .A Q SI a:';:jit/!JC 161 AG LIJ iG .49IG fEP/G 408 IG O~ . 47 9 O r.n u.a ~ ~500 Z S.W. WALNUT j t+ LANE ~ y a6 0 • .~sa w '•~.4 a" aoo Parcel 410 .se.,c s3400 p : sa sa ~ u' g ~ 8 ~ ~ 12 8 z = .U TIGARD ~ i S~ . aSW. HORIZaN x qaoo.a 7 n. asoo x 4~ ~ 1 5 Q e~vo. ` j "j SS 56 f~ ICS I]167 1 ~ g 3300 z _ o ~.7~ se I .,y~,N_ IUKAK C.~ . p Q a3~00 y 2 ~~mm s... >,t 02 • S , 4 ~00 ~re.w 1900 J 46 .06 AG 2100 ~ yppp NG 7$ SB coo Ac L 2300 0 ~4aoo } , F o. r ~ a 4Q 59 ~ ~ u t9 io. ~ - " eI~ _ • 2701'1. ¢y L . ~ 2500 n.a~ i~f''E:[+`.. I • y v n.I)a.lf .::ii:i: • I I :t;:`~i:~:• I ~IP.. S.W. Parcel 3 I= ~ I ~ tdoo ~ ~ 13~ .9,~ . 51- 14~. x , w leoo . ~ 1 I s i s' icn ~ J -'uL J ~ O ~ zsoo 1 a n $ioo rri 62 ii -09 K 2200 zfs .rc ~ I~I I z ` Parcel 2 ` ' I Z szoo e 20 23 : ` . ` 2.00 S~oo 19 24 x ' ~a •y..s.c, c 54 1• Y zcao> :I ~ ~ ' _ . ::[2~: . ~ 17 .o.... C' rr~ Parcel t saoo ..~'•::.>`..:.i>:.s:.?::;:::.:i < 6S I m s_wo J ~ > 1100 ~ 66 I . ~ w AREA TO BE ~ o ~ 51- ANNEXED Q] _ J i 67 JS .o-.r ' - .v,~. Y. • n PROPOSAL N0. 3607 CITY OF TIGARO ANNEXATION FIGURE 2 ~ • • July 25, 1996 Hearing PROPOSAL NO. 3607 - CITY OF TIGARD - Annexation Petitioner: City of Tigard; Marvin Bowman, Cherilyn & Eric Johnson, Kari & Michael Hohnbaum, and Darlene & John Wozniak 90th Day: September 11, 1996 Proposal No. 3607 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) (6), 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 on the west edge of the City, north and south of SW Fern St. and east of SW Ascension Drive. The territory contains 9.24 acres, ' 4 single family dwelling, a population of 7 and is evaluated at $720,890. REASON FOR ANNEXATION . , The owners have exPressed an interest in obtaining City sewer services. No application for specific development has been submitted. Owners of the parcel north of Fern St. (tax lot 800) would like to partition their property. 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 parcel north of Fern Street (TL 800) is relatively flat with some trees surrounding a single family residence. The street; the remainder of the property contains fruit trees. The territory south of Fern Street (tax lots 1600, 1700, 2000) are heavily wooded with north/northwest slopes at a 20 - 30 % grade. Proposal No. 3607 - Page 1 _ • • The surrounding property to the north, south, and west contains residential subdivisions within the City of Tigard. The surrounding property to the east is vacant. Regional Planninq. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washinqton Countv Planning. The Washington County Comprehensive Plan consists of the following eight elements: 1. Comprehensive Framework Plan for the Urban Area 2. County Resource Document 3. Rural Natural Resource Element 4. Community Plans and Background Documents 5. Community Development Code 6. Transportation Plan 7. Unified Capital Improvements 8. Urban Planning Area Agreements I The Washington County Comprehensive Plan was reviewed and segments pertinent to this proposal are covered below. Policy 15 of the Washington County Comprehensive Plan states the County's "Roles And II Responsibilities" relative to Urbanization: It is the policy of Washington County to work with service providers, including cities and special districts, and the Portland Metropolitan Area Boundary Commission, to insure that facilities and services required for growth will be provided when needed by the agency or agencies best able to do so in a cost effective and efficient manner. The County Community Plan consists of a plan map and plan text which includes identifi- cation of general design elements, specific design elements and areas of special concern. The County community plan for this area is the Bull Mountain Community Plan. This Community Plan identifies the territory to be annexed as R-6, Residential 6 Units Per Acre. This designation permits lower density (detached & attached) residential development with densities up to 6 units per acre. The Washington County Community Development Code includes specific detail concerning the R-6 designation (Sec. 304, Washington County Community Development Code). . The General Design Elements of the Bull Mountain Community Plan include such items as encouragement of the protection of significant trees, retention of open space, preservation of older sound housing stock where feasible, etc.. The subject property falls into a subarea on the Community Plan labeled "Summit And Slopes." The design elements for this subarea relate mostly to development and building constraints. In general, "low densities are planned on the Bull Mountain summit and Proposal No. 3607 - Page 2 • • slopes mainly because of the dominance of steep slopes and estabiished pattern of low density development." The Bull Mt. Community Plan indicates that the subject territory is within two overlay districts. The entire subject territory is within "District B: an existing or potential mineral/aggregate impact area." Parcels 1 and 2(TLs 1700 & 2000) are within "Area Of Special Concern No. 3." ' The parcels south of Fern St. (excluding the northern half of parcel 1) are designated as "Significant Natural Areas" by the Washington County Bull Mt. Community Plan. It defines these areas as "sites of special importance, in their natural condition, for their ecologic, scientific, and educational value." Urban Planning Area Agreement. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Area Of Interest" as designated in the UPAA. The following pertinent provisions are from Section B, "Area of Interest" portion of the UPAA: B. Area of Interest 1. Definition Area of Interest or Primarv Area of Interest means unincorporated lands contiguous to the Active Planning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of - potential impacts on the CITY Active Planning Area.... 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Area of Interest. 4. The CITY may consider requests for annexations in the Area of Interest subject to the following: a. The CITY shall not require annexation of lands in the Area of Interest as a. condition to the provision of urban services for development. b. Annexations by the CITY within the Area of Interest shall not create " islands unless the CITY declares its intent to complete the island annexation. Proposal No. 3607 - Page 3 • • . c. The CITY agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area, which includes Washington Square, within the CITY Area of Interest. Not contrary to the foregoing, the CITY reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the CITY pursuant to Oregon Revised Statutes. d. Upon annexation of land within the Area of Interest to the CITY, the CITY agrees to convert COUNTY plan designations to CITY plan designations which most closely approximate the density, use provisions and standards of COUNTY designations. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and the COUNTY Planning Directors agree at the time of annex- ation that the COUNTY designation is outdated and an amendment may be initiated before the one year period is over. Countv 2000. Washington County reviewed its role in service provision in its Countv 2000 program. This program essentially lays out a long range strategic and fiscal plan for the County. 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. Citv of TiQard Plannin4. The Tigard Comprehensive Plan consists of the Resource Document (Volume I) and the Findin4s. Policies & Implementation Strateaies (Volume II). The Tigard Community Development Code and the Washington County-Tigard Urban Planning Area Agreement should also be considered a part of the Comprehensive Plan. 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 following policies from Volume II of the Tigard Comprehensive Plan appear to be relevant to this proposal: . Policy 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. d. AREAS HAVING SLOPES IN EXCESS OF 25% .t. This policy will only be applicable to the parcels south of Fern Street. Currently there are no plans for development. Only the parcel north of Fern Street has expressed the intent to partition. Proposal No. 3607 - Page 4 , . • • Policy 7.1.1 THE CITY SHALL: a. Prepare and implement a capital improvements program in conjunction with Washington County and the applicable service districts; b. Work with the service districts to provide a coordinated system for providing services; c. Provide urban services in accordance with the Comprehensive Plan to the extent of the City's financial resources; d. Use the Capital Improvements Program as a means for providing for orderly growth and the efficient use of land; ' e. Develop a Comprehensive Plan with consideration being given to the level and caPacitY of the existin9 services, • and f. Adopt locational criteria as the basis for making decisions about the property location for public facilities. POLICY 7.1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT APPROVAL THAT: a. Development coincide with the availability of adequate service capacity including: 1. Public water; 2. Public sewer shall be required for new development within the City unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and _ 3. Storm drainage. b. The Facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to City standards. c. All new development utilities to be placed underground. . Policy 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 Proposal No. 3607 - Page 5 ' • • . reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; I 2. sewer; 3. drainage; 4. streets; . 5. police; and . 6. fire protection. b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a non- remonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a dis- trict. The extension or improvement of the following: a) water; b) sewer; c) drainage; and d) streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special district for any of the above services. ' c. The City shatl provide urban services to areas within the Tigard urban planning area or within the urban growth boundary upon annexation. ~ Policy 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 unincor- porated territory; or b. The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine wheiher 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 10.1.11a1. Proposal No. 3607 - Page 6 . • • Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS ' TO THE COUNTY ZONING DESIGNATION. Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE (USA) LINES EXCEPT: a. Where applications for annexation for those properties have been submitted to the City; or b. Where a nonremonstrance agreement to annex those properties has been signed and recorded with Washington County and submitted to the City; or c. Where the applicable state or county health agency has declared that there is a potential or imminent health hazard. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. Preclude the further development of the properties to urban densities and . standards; or b. Preclude the subsequent development of surrounding properties. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTING ORDINANCES: a. Land use; b. Density; c. Placement of structures on the site; d. Streei alignment; and e. Drainage. The pertinent Tigard Community Development Code sections appear to be Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. Chapter 18.136 contains approval standards for the City Council when reviewing a proposed annexation prior to submission to the Boundary Commission. These standards are: Proposal No. 3607 - Page 7 • • . A. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and 2. The applicable comprehensive plan policies and implementing ordinance provi- sion have been satisfied. B. The plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's compre- hensive plan map designation. C. The determination of whether the property is an established area or a developing area will be based on the standards contained in Chapter 18.138. Chapter 138 provides standards for classifying all lands annexed to the City as either Established Area (unbuildable or essentially built-out) or Developing Area (buildable). The code requires that one of these two designations be applied to all land at the time of annexation. The City staff reviewed it's policies and codes and concluded the proposat was consistent with them. Their conclusions are included below: 1. Policy 2.1.1, requiring an ongoing citizen involvement program is satisfied because the West 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 Engineering Division, Police and Water Departments and PGE 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 property. 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. Proposal No. 3607 - Page 8 . 0 • c. The zoning designation of R-7 most closely conforms to the county designa- tion of R-6 while implementing the City's comprehensive plan designation of Medium Density Residential. d. The determination that the affected properties are a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land is satisfied because the affected property meets the definition of a developing area and shall be so designated on the development standard areas map ot the comprehensive plan. The City's Community Development Code does contain an extensive section dealing with the protection of sensitive lands. Sensitive lands are defined as lands within the 100- year floodplain, within natural drainageway, within a wetland area, on steep slopes, or on unstable ground." All proposed developments are reviewed to see if they contain sensitive lands and then the appropriate sections of this ordinance are applied. In 1988 the City of Tigard did a special study of this general area - The Bull Mountain/Walnut Area Urban Services Study. This study concluded that The City could ultimately supply this area with a full range of urban services in a cost effective manner and committed the City to doing the infrastructure planning necessary to accomplish this in the long term. The City conducted a zone change proceeding concurrent with reviewing the annexation and approved a zoning designation of R-7 to be effective upon annexation. FACILITIES AND SERVICES Sewer. There is an 8-inch City sewer located in Fern St. approximately 60 feet west of parcel 3(tax lot 1600). This line will provide gravity service to the area to be annexed. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wet- lands, floodways and floodplains. The agreement provides that the city owns and is , responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). ' The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to Proposal No. 3607 - Page 9 • • . 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 81.00 per 100 cubic feet of water used by the customer. These City charges are the ' same as those charged by U.S.A. (these charges are proposed for increase on July 1, I 1996). I U.S.A. assesses a property tax which goes toward payment of bonds sold to construct ~I district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1995-96 tax year is $.0927 per thousand assessed value, would remain the same since the City is in the District. Water. This property can get water service from the 6 inch high pressure and 12 inch standard water lines in Fern St. along the subject properties. The territory currently lies within the Tigard Water District which contracts with the City for service. The City intends to withdraw the territory from the District pursuant to an intergovernmental agreement between the two entities. The parcels south of Fern St. lie between an elevation of 300 and 600 feet which is in the Bull Mountain water service level. The parcel north of Fern St. is below 310 feet, which places it within the "410" water service level. The CitY of Ti9ard/Ti9ard Water District water rates be9in at a flat rate of $18.62 for 800 cubic feet, charged bi-monthly. Properties outside of the City and District pay an additional $5.50 bi-monthly charge. Additional water use over 800 cf. is charged $1.32/100 cf. for territories both within and outside of the City/District boundaries. The system development charge for property within Bull Mountain area is $1,325, and for all other areas, it is $1,170. The City of Tigard purchases the majority of its water supply - approximately 93% - from the City of Lake Oswego. The remaining water is purchased from the City of Portland, or comes from the Tigard Water District's back-up wells. The wells are within the Cooper Mountain/Bull Mountain Critical Ground Water Area designated by the State Water Resources Department; thus, future utilization of this source will not significantly increase. Tigard buys surplus water from Lake Oswego. During hot weather (on peak day usage) Lake Oswego is not capable of fully supplying Tigard. Growth within Lake Oswego now has reduced the amount of surplus water available to Tigard to about 4 mgd, and the Proposal No • . 3607 - Page 10 . . • • forecast is for no surpius peak supply by 1997. Negotiations are currently under way between Tigard and Lake Oswego to remedy this problem. Tigard hopes to obtain a long- term water supply through a financial and managerial partnership with Lake Oswego. Lake Oswego obtains untreated water from the Clackamas River near Gladstone. Its water rights permits at that location are for 32.3 mgd, and 5.8 mgd. The State of Oregon's minimum streamflow requirements could restrict Lake Oswego form using the 5.8 mgd, but not the 32.3 mgd. The existing intake pumps pump 18.1 mgd, but friction within the raw water transmission line reduces the amount delivered to the treatment plant to 14.8 mgd. The water is piped across the Willamette River to the City's treatment plant in the City of West Linn, which has the capacity to treat 16.1 mgd. There the water is treated by coagulation, settling, filtration and chlorination. From the treatment plant, the water is sent to the 4.0 MG Waluga Reservoir via a distribution system fed by high service pumps and transmission lines. From the Waluga Reservoir, the water flows west via Tigard owned 24-inch and 16-inch transmission lines. The Waluga reservoir is lower than Tigard's receiving reservoirs, so the water must be pumped through the transmission lines with pumps that have a capacity of 7.9 mgd. The District purchases 1,511 mg of water a year from Lake Oswego at a rate of $.57 per 100 cubic feet. The Portland water supply source is the Bull Run Watershed. An estimate of the watershed's municipal capacity is 200 mgd. The water is treated by screening and disinfected by chlorination. Tigard receives the Portland water at Bradley Corner (at the intersection of Hall Blvd. and SW Greenburg Road) through a 24-inch main connected to Portland's Burlingame Standpipes. The Portland Water Bureau can provide from 6 to 8 mgd through a pressure-controlled system of pipelines at Bradley Corner. Portland sells 1 mgd to the District at a rate of $.85/100 cf. Tigard owns four deep wells in the Bull Mountain area. However only two are operated. _ The wells are typically only used during the peak water use months of July - August. The Tigard water system has a total storage capacity of 20.95 MG which utilizes reservoirs ranging in size from .28 mg to 10 mg. The system is divided into two service levels. The "410" service level is served by gravity, and the Bull Mountain service level is served via pumps. The "410" zone generally lies below the elevation of 310 feet. It serves the majority of the District's customers, and is fed by reservoirs at elevations between 410 feet and 470 feet. The combined storage for these reservoirs is approximately 8.65 MG. The residential development on Bull Mountain is above an elevation of 310 feet, which is the approximate upper limit of service for the "410" service level. In order to serve the Bull Mountain area, water is pumped by the High Tor pumping station to elevated reservoirs at approximately 710 feet. These reservoirs have a combined storage capacity of 2.3 MG. Proposal No. 3607 - Page 11 • • . In addition, the Tigard Water District owns a 10 MG terminal reservoir, at an elevation of 470 feet. Through both pumps and pressure-lines, this reservoir serves both the Bull Mountain, and "410" service areas. ' Police. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's 5.7481 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 officers 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 Vatley Fire and Rescue District. Annexation will not affect this service because the City is in the District. Transportation. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.2886 per $1000 assessed value will no longer apply to the property: Vector Control. The territory is within the boundary of the Washington Countq Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. Street Lights. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. _ Upon annexation the 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. Proposal No. 3607 - Page 12 . • • Storm Drainage. 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. 3607 be approved. . 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The territory to be annexed is located generally on the west edge of the City, north and south of SW Fern St. and east of SW Ascension Drive. The territory contains 9.24 acres, 4 single family dwelling, a population of. 7 and is evaluated at $720,890. 2. The owners have expressed an interest in obtaining City sewer services. No application for specific development has been submitted. Owners of the parcel north of Fern St. (tax lot 800) would like to partition their property. The Boundar Commission has three ado ted olicies. The first of these 3. Y P P 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 parcel north of Fern Street (TL 800) is relatively flat with some trees surrounding a single family residence. The remainder of the property contains fruit trees. The territory south of Fern Street (tax lots 1600, 1700, 2000) is heavily wooded with north/northwest slopes at a 20 - 30 % grade. The surrounding property to the north, south, and west contains residential subdivisions within the City of Tigard. The surrounding property to the east is vacant. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The Washington County Comprehensive Plan consists of the following eight elements: 1. Comprehensive Framework Plan for the Urban Area 2. County Resource Document 3. Rural Natural Resource Element 4. Community Plans and Background Documents 5. Community Development Code 6. Transportation Plan 7. Unified Capital Improvements Final Order - Page 1 . • . . Exhibit A Proposal No. 3607 8. Urban Planning Area Agreements The Washington County Comprehensive Plan was reviewed and segments pertinent ~ to this proposal are covered below. Policy 15 of the Washington County Comprehensive Plan states the County's "Roles And Responsibilities" relative to Urbanization: It is the policy of Washington County to work with service providers, including cities and special districts, and the Portland Metropolitan Area Boundary Commission, to insure that facilities and services required for growth will be provided when needed by the agency or agencies best able to do so in a cost effective and efficient manner. The County Community Plan consists of a plan map and plan text which includes identification of general design elements, specific design elements and areas of special concern. The County community plan for this area is the Bull Mountain Community Plan. This Community Plan identifies the territory to be annexed as R-6, Residential 6 . Units Per Acre. This designation permits lower density (detached & attached) residential development with densities up to 6 units per acre. The Washington County Community Development Code includes specific detail concerning the R-6 designation (Sec. 304, Washington County Community Development Code). The General Design Elements of the Bull Mountain Community Plan include such items as encouragement of the protection of significant trees, retention of open " space, preservation of older sound housing stock where feasible, etc.. The subject property falls into a subarea on the Community Plan labeled "Summit And Slopes." The design elements for this subarea relate mostly to development and building constraints. In general, "low densities are planned on the Bull Mountain summit and slopes mainly because of the dominance of steep slopes and established pattern of low density development." The Bull Mt. Community Plan indicates that the subject territory is within two overlay districts. The entire subject territory is within "District B: an existing or potential mineral/aggregate impact area." Parcels 1 and 2(TLs 1700 & 2000) are within "Area Of Special Concern No. 3". The parcels south of Fern St. (excluding the northern half of parcel 1) are designated as "Significant Natural Areas" by the Washington County Bull Mt. Final Order - Page 2 . • . Exhibit A Proposal No. 3607 Community Plan. It defines these areas as "sites of special importance, in their natural condition, for their ecologic, scientific, and educational value." 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 "Area Of Interest" as designated in the UPAA. The following pertinent provisions are from Section B, "Area of Interest" portion of the UPAA: B. Area of Interest 1. Definition Area of Interest or Primarv Area of Interest means unincorporated lands contiguous to the Active Pfanning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY Active Planning Area.... • 2. The COUNTY shall be responsible tor comprehensive planning and development actions within the Area of Interest. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Area of Interest. 4. The CITY may consider requests for annexations in the Area of Interest subject to the following: a. The CITY shall not require annexation of lands in the Area of Interest as a condition to the provision of urban services for development. b. Annexations by the CITY within the Area of Interest shall not create islands unless the CITY declares its intent to complete the island annexation. c. The CITY agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area, which includes Washington Square, within the CITY Area of Interest. Not contrary to the foregoing, the CITY reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the CITY pursuant to Oregon Revised Statutes. Final Order - Page 3 ' • • . Exhibit A Proposal No. 3607 d. Upon annexation of land within the Area of Interest to the CITY, the CITY agrees to convert COUNTY plan designations to CITY plan designations which most closely approximate the density, use provisions and standards of COUNTY designations. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and the COUNTY Planning Directors agree at the time of annex- ation that the COUNTY designation is outdated and an amendment may be initiated before the one year period is over. 8. Washington County reviewed its role in service provision in its Countv 2000 program. This program essentially lays out a long range strategic and fiscal plan for the County. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 9. The Tigard Comprehensive Plan consists of the Resource Document (Volume I) and the Findings, Policies & Imolementation Strategies (Volume II). The Tigard Community Development Code and the Washington County-Tigard Urban Planning Area Agreement should also be considered a part of the ComprehensivePlan. 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 following policies from Volume II of the Tigard Comprehensive Plan appear to - be relevant to this proposal: Policy 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. d. AREAS HAVING SLOPES IN EXCESS OF 25% This policy will only be applicable to the parcels south of Fern Street. Currently there are no plans for development. Only the parcel north of Fern Street has expressed the intent to partition. Final Order - Page 4 . • • Exhibit A . Proposal No. 3607 Policy 7.1.1 THE CITY SHALL: a. Prepare and implement a capital improvements program in conjunction with Washington County and the applicable service districts; b. Work with the service districts to provide a coordinated system for providing services; c. Provide urban services in accordance with the Comprehensive Plan to the extent of the City's financial resources; d. Use the Capital Improvements Program as a means for providing for orderly growth and the efficient use of land; e. Develop a Comprehensive Plan with consideration being given to the level and capacity of the existing services; and f. Adopt locational criteria as the basis for making decisions about the property location for public facilities. POLICY 7.1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT APPROVAL THAT: ' a. Development coincide with the availability of adequate service capacity including: 1. Public water; 2. Public sewer shall be required for new development within the City " unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and 3. Storm drainage. b. The Facilities are: 1. Capabte of adequately serving all intervening properties and the proposed development; and 2. Designed to City standards. c. All new development utilities to be placed underground. Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: Final Order - Page 5 ~ • . Exhibit A Proposal No. 3607 a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; 2, sewer; 3. drainage; 4. streets; 5. police; and ' 6. fire protection. b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a non- remonstrance agreement regarding the following: 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: a1 water; b) sewer; c) drainage; and d) streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special district for any of the above services. - c. The City shall provide urban services to areas within the Tigard urban planning area or within the urban growth boundary upon annexation. Policy 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 unincor- porated 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; ~ Final Order - Page 6 I . ~ • Exhibit A Proposal No. 3607 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 10.1.11a1. Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE (USA) LINES EXCEPT: a. Where applications for annexation for those properties have been submitted to the City; or b. Where a nonremonstrance agreement to annex those properties has been signed and recorded with Washington County and submitted to the City; or c. Where the applicable state or county health agency has declaredthat there is a potential or imminent health hazard. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ' ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. Preclude the further development of the properties to urban densities and standards; or b. Preclude the subsequent development of surrounding properties. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTING ORDINANCES: a. Land use; b. Density; c. Placement of structures on the site; Final Order - Page 7 • ~ - Exhibit A Proposal No. 3607 d. Street alignment; and e. Drainage. 10. The pertinent Tigard Community Development Code sections appear to be Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. Chapter 18.136 contains approval standards for the City Council when reviewing a proposed annexation prior to submission to the Boundary Cornmission. These standards are: A. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and 2. The applicable comprehensive plan pol'icies and implementing ordinance provision have been satisfied. B. The plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. C. The determination of whether the property is an established area or a developing area will be based on the standards contained in Chapter 18.138. Chapter 138 provides standards for classifying all lands annexed to the City as - either Established Area (unbuildable or essentially built-out) or Developing Area (buildable). The code requires that one of these two designations be applied to all land at the time of annexation. The City staff reviewed it's 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 West 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 Engineering Department, Police and Water Departments and PGE have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected properties. Final Order - Page 8 . ~ • Exhibit A Proposal No. 3607 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-7 most closely conforms to the county designation of R-6 while implementing the City's comprehensive plan designation of Medium Density Residential. d. The determination that the affected properties are an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land is satisfied because the affected property meets the definition of an established area and shall be so designated on the development standard areas map of the comprehensive plan. - The City's Community Development Code does contain an extensive section dealing with the protection of sensitive lands. Sensitive lands are defined as lands within the 100-year floodplain, within natural drainageway, within a wetland area, on steep slopes, or on unstable ground." Within the OAR 660-07-005 definition of buildable land: Land with slopes of 25 percent or greater unless otherwise provided for oat the time of acknowledgement is generally considered unbuildable for purposes of density calculations. The three parcels south of Fern St. have slopes of 25 -30 percent. The land is not buildable and is therefore an established area. The one parcel north of Fern St. is flat. It may be classified as developing. Final Order - Page 9 I ~ ~ . Exhibit A Proposal No. 3607 11. The City conducted a zone change proceeding concurrent with reviewing the annexation and approved a zoning designation of R-7 to be effective upon annexation. 12. In 1988 the City of Ti9ard did a special study of this general area - The Bull Mountain/Walnut Area Urban Services Study. This study concluded that The City could ultimately supply this area with a full range of urban services in a cost effective manner and committed the City to doing the infrastructure planning necessary to accomplish this in the Iong term. 13. There is an 8-inch City sewer located in Fern St. approximately 60 feet west of parcel 3(tax lot 1600). This line will provide gravity service to the area to be annexed. 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. (these charges are proposed for increase on July 1, 1996). Final Order - Page 10 . ~ • Exhibit A Proposal No. 3607 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. 14. This property can get water service from the 6 inch high pressure and 12 inch ' standard water lines in Fern St. along the subject properties. The territory currently lies within the Tigard Water District which contracts with the City for service. The parcels south of Fern St. lie between an elevation of 300 and 600 feet which is in the Bull Mountain water service level. The parcel north of Fern St. is below 310 feet, which places it within the "410" water service level. The City of Tigard/Tigard Water District water rates begin at a flat rate of $18.62 for 800 cubic feet, charged bi-monthly. Properties outside of the City and District pay an additionat $5.50 bi-monthly charge. Additional water use over 800 cf. is charged $1.32/100cf. for territories both within and outside of the City/District boundaries. The system development charge for property within Bull Mountain area is $1,325, and for all other areas, it is $1,170. The City of Tigard purchases the majority of its water supply - approximately 93% - from the City of Lake Oswego. The remaining water is purchased from the City of _ Portland, or comes from the Tigard Water District's baclc-up wells. The wells are within the Cooper Mountain/Bull Mountain Criticat Ground Water Area designated by the State Water Resources Department; thus, future utilization of this source will not significantly increase. Tigard buys surplus water from Lake Oswego. During hot weather (on peak day usage) Lake Oswego is not capable of fully supplying Tigard. Growth within Lake Oswego now has reduced the amount of surplus water available to Tigard to about 4 mgd, and the forecast is for no surplus peak supply by 1997. Negotiations are currently under way between Tigard and Lake Oswego to remedy this problem. Tigard hopes to obtain a long-term water supply through a financial and managerial partnership with Lake Oswego. Lake Oswego obtains untreated water from the Clackamas River near Gladstone. Its water rights permits at that location are for 32.3 mgd, and 5.8 mgd. The State of Oregon's minimum streamflow requirements could restrict Lake Oswego form using the 5.8 mgd, but not the 32.3 mgd. The existing intake pumps pump 18.1 Final Order - Page 11 • • Exhibit A Proposal No. 3607 mgd, but friction within the raw water transmission line reduces the amount delivered to the treatment plant to 14.8 mgd. The water is piped across the Willamette River to the City's treatment plant in the City of West Linn, which has the capacity to treat 16.1 mgd. There the water is treated by coagulation, settling, filtration and chlorination. From the treatment plant, the water is sent to the 4.0 MG Waluga Reservoir via a distribution system fed by high service pumps and transmission lines. From the Waluga Reservoir, the water flows west via Tigard owned 24-inch and 16-inch transmission lines. The Waluga reservoir is lower than Tigard's receiving reservoirs, so the water must be pumped through the transmission lines with pumps that have a capacity of 7.9 mgd. The District purchases 1,511 mg of water a year from Lake Oswego at a rate of $.57 per 100 cubic feet. The Portland water supply source is the Bull Run Watershed. An estimate of the watershed's municipal capacity is 200 mgd. The water is treated by screening and disinfected by chlorination. Tigard receives the Portland water at Bradley Corner (at the intersection of Hall Blvd. and SW Greenburg Road) through a 24-inch main connected to Portland's Burlingame Standpipes. The Portland Water Bureau can provide from 6 to 8 mgd through a pressure-controlled system of pipelines at Bradley Corner. Portland sells 1 mgd to the District at a rate of $.85/100 cf. , Tigard owns four deep wells in the Bull Mountain area. However only two are operated. The wells are typically only used during the peak water use months of July - August. The Tigard water system has a total storage capacity of 20.95 MG which utilizes reservoirs ranging in size from .28 mg to 10 mg. The system is divided into two service levels. The "410" service level is served by gravity, and the Bull Mountain service level is served via pumps. The "410" zone generally lies below the elevation of 310 feet. It serves the majority of the District's customers, and is fed by reservoirs at elevations between 410 feet and 470 feet. The combined storage for these reservoirs is approximately 8.65 MG. The residential development on Bull Mountain is above an elevation of 310 feet, which is the approximate upper limit of service for the "410" service level. In order to serve the Bull Mountain area, water is pumped by the High Tor pumping station to elevated reservoirs at approximately 710 feet. These reservoirs have a combined storage capacity of 2.3 MG. Final Order - Page 12 r , • ~ Exhibit A Proposal No. 3607 In addition, the Tigard Water District owns a 10 MG terminal reservoir, at an elevation of 470 feet. Through both pumps and pressure-lines, this reservoir serves both the Bull Mountain, and "410" service areas. 15. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's 8.7481 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 officers per 1000 population. Subsequent to annexation, the Tigard Police Department will provide pofice protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. 16. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 17. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automaticall.y withdrawn from the District and the District's levy of $.2886 per $1000 assessed value will no longer apply to the property. 18. 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. - 19. The territorY is within the Washin9ton CountY Service District # 1 for street li9hts. 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. 20. 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. Final Order - Page 13 Exhibit A Proposal No. 3607 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. 21. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. REASONS FOR DECISION 1. The proposal is consistent with City, County, and Regional planning as noted in Findings 5 through 12. 2. The ro osal abides b the Cit a roval standards in ChaPter 18.136 concernin P P Y Y PP 9 . annexation. 3. An adequate quality and quantity of services will be available to the area following annexation to the City as noted in Findings 13 through 21 . 4. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and its Policy on Long Term/Long Range Governmental _ Structure (OAR 193-05-015). Final Order - Page 14 I Cu4CKpMAS ,-4~ -7 11 o l SL_ MULTNOMAH ~nf' ~ , WA~HINGTON PO RTLAND METROPOLITAN AREA LOCAL GOVERNMENT :1 1A' 1 1 , 800 NE OREGON STREET #t 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: (503) 731-4093 FAX: (503) 731 •8376 July 1, 1996 Ray Valone City of Tigard 13125 SW Hall Blvd . Tigard OR 97223 Ref.• 3607 Dear Ray: The Boundary Commission Statute, ORS 199.410 to 199.534 authorizes posting of Public Hearing Notices within the area(s) to be annexed . In order to meet the requirements of ORS 199.463, they need to be posted by July 11, 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 I KSM/Imr Enclosures STAFF COMMISSIONERS KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN HELZERMAN DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT LANA RULIEN, AdministraUve Assistant BOB BOUNEFF STEVE STOLZE NATHAUE DARCY PROPP6SAL ■ 3607 SW 1/4 NW 1/4 SECTION 4 T2S R 1 W W.M. 2S 1 4BC Washington County Scale: 1 200' ~ :~:Y4;C(•:j:~;:i~i:::i ~ro.oi na.a' vaa' noa' ~ma' ~ m' uo.ar e~~ u in 600 300 200 100 ' 1000 ~ LA7 AG ~ A Q S~ 9 .+C L65 eG /a! qG .19 A G [!P AC t00 'C ' ~ • 47 A O r.~a u..o . p ~ Z S.W. WALNUT 3500 4 LANE s a6 ~ ` - ~100 `~.<~as. 4" a~oo Parcel 4i; 10 a • : sa ' sa ~ u': 9 3 0 TIGARD Z .y 12 soo ~ -SW. HORIZON x aaa0 asoo T A~ 15 a eLvo r ss ~ 33300 Ic.i 171e5l Z w ° ~ y'y • ' ~ 0 , .rv 43 •,esw LN(pF C. . j ~„i •LV. Q $ 3100 y B e+o, nrw ».n 42 ..,,,~a~ a700 a6 . . 1 a~ 2100 br '•+q. 7000 N 7$ SB 9 X~i 400 .+c .•.n o% v.v v.~. ~ '_if`~ ->o•- ri:!(Y.'.' S+', F . z3oo - moo t e 0 ~ a ....~C. T W ~a ~ t+ ~ 39 S j , _ 2~~~~. .~.E: , 4• q ~ ~ , :xiar n.ai 'o. • F .~I~C ^ v ~.))).tf ;:::j:: • ~ l;ji:~i: 5 -IV.~. 1s ~ S.W. Parcel 3 xioo ~ wor ~ I 1300 _ S ~9~ a4 1800 ~ .t Az r ~ ~ Lt! I 1a4 ac D= tmJc J ~ 0 1 3 fA ' ,o... ' ii;::;i;i;i: u.•. ~ 2600 ` LL ~ 5100 1700 7.Ja dG l~ \ I~I I Z 62 •os 'c 2200 ~ I c Parcel 2 21 ; 'y22 f t N szoo 23 i ~ 20. - c~ : ~ • ~2~ 5300 ~ . 19 24 . , 17 ' ' . ` ~ I z i ~o.... ' ~ l saoo : C' ~r~ Parcei 1.....E. J 65 m ~ W ♦ .l ~ ~a.~. ~ -J s:oo ~ J 1 > 1100 66 ~ W .~c ~ . 4ee qREA TO BE ~ o ~ 51- ` ANNEXED m 67JE:' . . . y~~K IPwf ~ ~ ...Y........ . n 117 PROPOSAL N0. 3607 CITY OF TIGARD ANNEXATION FIGURE 2 CLACI4AMAS ' MULTNOMAH WASHINGTON PORTIAND''AtfR' O-PO ' 'R ' O ' 6OV'ERNMENT :1 1A' 1 i 000 NE OREGON STREET N 16 (SUI7E 540) POR7LAND, OREG4N 97232 PHONE: 731-4093 PLJBL IC IM07riCE NOTlCE OF HEARING NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, JULY 25, 1996, IN ROOM 602 MULTNOMAH COUNTY COURTHOUSE, 1021 SW 4TH AVE., PORTLAND, OREGON, THERE SHALL BE A PUBLlC HEARING BY AND BEFORE THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ON PROPOSALS, fNCLUDING THE ONE LISTED BELOW. INTERESTED PERSONS MAY APPEAR AND WILL BE GIVEN REASONABLE OPPORTUNITY TO BE HEARD. PROPOSAL NO. 3607 - ANNEXATION TO THE CITY OF TIGARD of territory located generally on W edge of City, on N& S edge of SW Fern St., E of SW Ascension Dr.; more particularly TLs 800, 1600, 1700 & 2000, SW 1/4 NW 1/4 Sec. 4, T2S R1 W, W.M., Wash. Co., OR. GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING 731-4093. JUNE 26, 1996 RAY BARTEL, CHAIRMAN I I STAFF COMMISSIONERS KENNE'1'li S. Ml1RTIN, Execuiivo Olllcer fl/1Y D/1RTEl, Cliair M/1RILYNN IiCLZ[fIMAN DENIECE WON, ExecuUve Assislant TOM WHITTAKEH, Vice-Chair SY KORNI3RODT LANA RUItEN, Administralfve Assistanl BOD BOUNEFF STEVE S70LZE N/1THALIE DARCY 78 ~ 1 • • NOTE TO FILE The staff report to the City Council states that the proposed territory for annexation is an `established area' (Section B, Findings and Conclusions, Code Section 18.136.030 and 18.138 on page 3). This is not correct. The territory is considered a`developing area'. The change in desigation was conveyed to the Boundary Commission on July 8, 1996. ~ • ~ AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) Ciiy of Tigard ) I, ~~h~/L11t Gt~ herebY certifY: Plea Print That I am a ' 6 for the City of Tigard, Oregon. That I served notice of the Tigard City Council f,,i u-( Or~-~ rQ LU m m-&n dGtw, ,n ,(vr 6A1U"~'a_-@' , 2G14 au o 3 of which the attached is a copy (Marked Exhibit A) upon each of the following named ~ persons on the J r~ day of LVA-c- 19 by mailing to each of them at the address shown on the attached list (Marked Exhibit B), said notice is hereto rc. attached, and deposited in the United States Mail on the 3 day of , 19postage prepaid. Prepared Notice Subscribed and sworn to before me this 4~1 day of ~ 19 9 6 OFFICIAL SEAL M JO ANN HAYES ' NOta blic of Ore on NOTARY PUBLIC-OREGON rY q COMMISSION NO. 042148 ' My COmmISSIOr1 EXpIrBS: v1f\LL.w 5, cl 1 MY COMMISSION EXPIRES MAY 05, 1999 h:\login\cathy\afofmall ~ CITY OF TIGARD • Washington County, Oregon NOTICE OF FINAL ORDER - BY CITY COUNCIL Concerning Case Number(s): ZCA 96-0003 . APPLICANTS: Michael & Kari Hohnbaum Eric 8 Cherilyn Johnson 14160 SW Fem Street 14130 SW Fem Street Tigard, OR 97223 Tigard, OR 97223 Marvin Bowman John & Darlene Wozniak _ 13875 SW 158th Terrace 11550 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 OWNERS: Same ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. A io : /ZApproval as requested ❑ Approval with conditions ❑ Denial No i e: Notice was published in the newspaper, posted at City Hall and mailed to: ~ The applicant and owner(s) ~ Owners of record within the required distance The affected Citizen Involvement Team Facilitator ~ Affected governmental agencies /a Final Decision. THE DECISION WAS SIGNED ON , 1996, AND BECOMES EFFECTIVE ON WoZ g , 1996. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. QUESTIONS: If you have any questions, please call the Tigard City Recorder at (503) 639-4171. • • CITY OF TIGARD, OREGON • ORDINANCE NO. 96-,P j AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 96-0003). WHEREAS, the Tigard City Council held a public hearing on May 28, 1996, to consider a zoning designation for four parcels of land located along SW Fern Street east of Ascension Drive; and WHEREAS, on February 13, 1996, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Govemment Bounda Commissionan ry , d 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 Medium 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 Land Use New Land Use 2S1 46C, lots 800, 1600, Wash. Co. R-6 Medium Density Residential 1700 and 2000 Current Zoning New Zoning Wash. Co. R-6 Tigard R-7 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 u0Kl mXvote of all Council members present after being read by number and title o, this *6 day o , 996. GJ atherine Wheatley, City Recorde APPROVED: By Tigard City Council this~o day o 6. Jam coli, Mayor , A roved a to f r . ' Attomey S' • 2-k• T (o Date i:Urp1n4ay\ZCA96-03.0rd, 5/7 5/96 4:30PM ORDINANCE No. 96-a( Page 1 I ~ . • • CITY OF TIGARD, OREGON . RESOLUTION NO. 96-3 ~ A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS I~ DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 96-0003). WHEREAS, the Tigard City Councii held a hearing on May 28, 1996, to consider the annexation of four parcels consisting of 9.24 acres located along SW Fem Street east of Ascension Drive; 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 majonty of the electors registered in the temtory 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 SherifPs 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 Govemment 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 Govemment Boundary Commission at once. ~ PASSED: This~~day of~_ , 996. M - City of Tigard ATTEST: City ecorder - City o Tigard ~ /.I (f/ D e i:Vrp1n\ray\ZCA96-03.res, 5/15196 4:45 PM RESOLUTION NO. 96-_J~ Page 1 ~ . ~ ~ mm1'I'.A I . STAFF REPORT May 28, 1996 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. Generallnformation CASE: Zone Change Annexation 96-0003 REQUEST: To annex four parcels of 9.24 acres of unincorporated Washington County land to the City of Tigard and to change the comprehensive plan and zone from Washington County R-6 to City of Tigard Medium Density ResidentiaUR-7. APPLICANTS: Marvin Bowman Kari & Michael Hohnbaum 13875 SW 158th Terrace 14160 SW Fern Street Tigard, OR 97224 Tigard, OR 97223 Cherilyn & Eric Johnson Darlene & John Wozniak 14130 SW Fern Street 11550 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 OWNERS: Same LOCATION: The western end of SW Fem Street, east of Ascension Drive - WCTM 2S1 4BC, lots 800, 1600, 1700 and 2000 (see vicinity map). 2. Vicini Information Properties to the north of three of the parcels are in Washington County and zoned R-6; the fourth parcel is adjacent to the City's Castle Hill subdivision, zoned R-12, on the north. Properties to the east are in Washington County and zoned R-6. The City's Hillshire Woods subdivision, zoned R-7, is to the south and west. The properties to the north and east have single family residences. The subdivisions to the south and east are currently under construction. 1 . • • • 3. Backaround Information The applicants wish to receive sewer service and request annexation to the City. No previous applications have been reviewed by the City relating to these properties. 4. Site Information and Proposal Descri tion The parcel north of Fern Street is relatively flat with some trees surrounding the single-family residence, which is close to Fern Street. The remainder of the lot is clear with some fruit trees. The Johnson, Hohnbaum and Wozniak properties south of Fern Street are heavily wooded with north/northwest slopes at approximately 20% to 30%. The Johnson and Hohnbaum owners have single- family residences on the southern portion of their properties. The Wozniak property, north of the Hohnbaums along Fern Street, has a single-family residence currently under construction. The applicants have requested that the 9.24-acre territory be annexed to the city by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. 5. Agency Comments The Engineering Division, Tigard Police and Water departments and PGE 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 West CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2 ' • • 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Engineering Division, Police and Water Departments and PGE have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the community development code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-7 most closely conforms to the county designation of R-6 while implementing the city's comprehensive plan designation of Medium Density Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the affected property meets the definition of an established area and shall be so designated on the development standard areas map of the comprehensive plan. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 96-0003. - I 3 1 : ..'.i~>;~~~, y.~j~~:j.~~..• ~~`t~~`~ w r . : : ; : . : ' ~ O h a . • . ~~,,.J . . ' •_r~; Z u' W ~ ~ U OU7~}V'E K F:;:•'• : :y; ~oz~3p 4 4{~ ~ '-r•-- r-- ' ' 'Z ~~q d K W l~ 'N`- ra Oc~?~ ~ ~ i7,~Y~.• ~ ~ V ,C U . ~ j. .~a •T;.- ~ - - 5 ~ ~ S ~ y~~,: . u~ ~ . ~J . ' : ~ ~ / . • ( ~ j ~.J'•r . ' ~ • J"~ •.i} ~v • •~'~~••r^ I • 1'••,~••~ ~ ••~JJ•~ ~ • . . ~~f .i'.• _ - • . ' - ; _ ._e ~ ' . . . . ' . ' ~.i •.~A~ ~ ti~ •~e~r~e~•.~: ~ • • ~ •.1• ' s•~I•• Vl _ r G ••',......•~'~^';'r•.1 ~ ~ ~ - .a • f~• , I1S1U1~''~ t) O ~z g-►lin3NNOg . ~ ' . . . NOIl~a181N tlV )F TIGARD ! S.W. Hdl BN~ ~ ' . Oregon 97 KARI 8c 14IICHAEL HOFNBAUM 14160 SW FERN ST TIGART), OR 97223 )F TtGARD S.W. Hali 81vd. , Oregon 97223 JACK POLANLS 16000 SW Q(JEEN VICNRIA PL:1CE KZNG CITY 4R 97224 I )F TIGARD S.W. 'ricil 81vd. . OreScn 97223 CHERILl^i R: ERIC lOENSON 14130 Sw FERV ST TIGARD, OR 9723; )F TIGARD i S.W. Hall Blvd. , Oregon 97223 DARLENE & JOHN WpZNIAK 11550 SW 72ND qVE TIGARD, OR 97233 JF TIGARD S.W. Hall BNd. , Oregon 97223 MARVIN BpWMAN . 13875 SW 158TH TERR TIGARD.OR 97224 ` • iW-Agenda `tem No Meeting of ~ra5la~ TIGARD CITY COUNCIL MEETING MINUTES - MAY 28, 1996 • STUDY SESSION > Meeting was called to order at 6:45 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Administrator Bill Monahan; Asst. to the City Administrator Liz Newton; City Recorder Catherine Wheatley; Public Works Director Ed Wegner, Community Development Director Jim Hendryx, Human Resources Director Sandy Zodrow; Legal Counsel Tim Ramis; Senior Planner Nadine Smith; Planning Manager Dick Bewersdorff. > Discussion: Metro 2040 Update City Administrator Bill Monahan asked for Council comments regarding the draft letter on the functional plan to MPAC. • Councilor Rohlf commented that he preferred a format with full text showing blackouts and underlines. Senior Planner Nadine Smith stated that she would incorporate any Council comments made tonight into the document and then forward the final letter to MPAC fvr the public hearing tomorrow night. Community Development Director Jim Hendryx noted that a similar letter to MPAC from the City of Hillsboro showed that other jurisdictions were also raising concerns about the functiorial plan. Legal Counsel Tim Ramis reviewed the Mayor's cover letter, noting in particular the request that the document be aspirational rather than mandatory because the local governments have not had a chance to go through their own processes, and the comment asking that mandatory density minimums not be imposed until the local jurisdictions went through their own processes. Councilor Rohlf commented that he agreed with most of the bullet points. He stated that he wanted to be clear up front that they felt they had a right to be included in the process. Ms. Smith said that she took the philosophy she heard from Council and incorporated it into recommendations that were specific to the plan. Councilor Scheckla stated that while he thought Metro's guidelines were all right, he was concerned about implementation, commenting that one shoe did not fit all. He asked if Metro would allow the cities to have local control, and if Metro really had that much power when they did not know what the impacts would be. CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 1 , _ • • Mayor Nicoli reported that Mayor Drake of Beaverton told him that Mike Burton was getting the message that Metro has not allowed enough time for the process. He suggested adding a similar comment to the letter. Councilor Rohlf commented that the plan seemed more like dictates to local jurisdictions than the partnership Metro said they wanted. He stated that without the local jurisdictions buying into the plan as partners there would never be an effective partnership. He said that he did not want Metro to think that Tigard would support the process if Metro merely made the recommended changes; he was fundamentally uncomfortable with the fact that Tigard was not a full partner in the whole process. Mayor Nicoli noted that the plan was developed by Metro staff and two Metro Council subcommittees, MPAC and MTAC. He said that the Metro Council itself had nothing to do with the draft plan. He commented that when the plan as a whole came before Metro Council, he thought they would see large lobbying groups from the business community objecting to the plan. He stated that the Council would not see the plan until September and said that Mike Burton has been sensitive to the lack of time allowed for the cities and counties to give proper input. The Council discussed specific changes to the letter. Mayor Nicoli suggested - stating at the beginning of the letter their concem about not having enough time to respond to the draft in depth. Councilor Rohlf stated that he thought Metro was stomping on their economic rights and that he wanted Metro to know that. Councilor Moore referenced Councilor Scheckla's earlier comment about treating cities differendy because their situations were different. Councilor Rohlf concurred. He said that while Tigard needed to cooperate in working on regional issues, he disagreed with changing the community elements that defined Tigard as Tigazd. Councilor Moore reiterated that communities should be considered individually. Councilor Scheckla raised the issue of who would pay for the upgrade to the infrastructure. He said that the plan did not address that. Ms. Smith concurred. She stated that she did not think that Metro would help pay for upgrades inside the Urban Growth Boundary (UGB). She said that the only opportunity in the plan for jurisdictions was to ask for an exemption to the required density on the grounds that they could not accommodate growth in a particular area because the infrastructure wasn't there to support it. Councilor Scheckla noted that the transportation issues were similar; Tigard did not have light rail, they had clogged streets with no relief in sight. Mayor Nicoli asked if anyone opposed sending the letter. He said that he did not object to any of the changes suggested. Councilor Moore said that he was happy with the letter as amended. Councilor Scheckla commented that they needed to let Metro know how strongly they felt about these issues. Mr. Monahan asked for direction on sending the letter out with the changes and a CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 2 . • • stronger tone. Mayor Nicoli suggested keeping the body of the letter but beginning with a paragraph addressing the Council's dissatisfaction with the lack . of time and expressing their concerns about the document. He said that he would like to say that in its current condition, the Council would not support the ~ document. Councilor Moore said that he couldn't suPPort it either. Councilor Rohlf concurred, stating that he said no to the plan to the extent that it dictated terms to Tigard. He suggested inserting the following language to strengthen the tone: "For Metro to succeed it is necessary to engage the local governments. It is we who must balance the needs of the region with the needs of our citizens. We recognize that success in handling regional issues can only occur if Metro and local jurisdiction forge an effective partnership. Metro may develop a variety of plans but it is the cities that will have to execute the plan. Accordingly it is in our interests to be heavily involved in creating the tune to which we all must march. " Mayor Nicoli asked staff to bring back the rewritten draft at the end of [he. meeting for Council review. > Executive Session: The Tigard City Council went into Executive Session at 7:08 p.m. under the provisions of ORS 192.660 (1) (d), (e), &(h) to discuss labor relations, real property transactions, current and pending litigation issues. - > Executive Session adjourned at 7:50 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:50 p.m. 1.2 Roll Call Council Present: Mayor Jim Nicoli; Councilors Bob Rohlf, Ken Scheckla, Paul Hunt and Brian Moore. . Staff Present: City Administrator Bill Monahan; Asst. to the City Administrator Liz Newton; City Recorder Catherine Wheatley; Public Works Director Ed Wegner; Community Development Director Jim Hendryx; Legal Counsel Tim Ramis; Senior Planner Nadine Smith; Associate Planner Duane Roberts; Associate Planner Ray Valone; Associate Planner; and Planning Manager Dick Bewersdorff. 1.3 Pledge of Allegiance 1.4. Council Communications/Liaison Reports _ Councilor Hunt reported that they had an excellent turnout at the meeting for consultants submitting RFPs for Cook Park. CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 3 _ ~ • 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA ~ Jack Polans, 16000 SW Queen Victoria Place, King City, proposed a City of Tigard Task Force to conserve city public funds similar to that of conserving City water within the jurisdiction within the intergovernmental agreement water contract with the Cities of Durham and King City and the Tigard Water District unincorporated areas. 3. CONSENT AGENDA Mayor Nicoli asked to pull Item 3.3 for discussion. Nlotion by Councilor Hunt, seconded by Councilor Scheckla to adopt Consent Agenda Items 3.1 and 3.2. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes. • 3.1 Approve Staff Recommendation to Participate in the Community Development Block Grant Program through Washington County 3.2 Approve Agreement for Engineering Services for Menlor Reservoir Project _ • Consent Agenda - Items Removed for Separate Discussion > 3.3 Support Partnering with Metro and Committing Systems Development Charges Funds - Resolution No. 96-33 Mayor Nicoli asked for clarification on the dollar amount listed for the City's portion. He said that he thought the City was to come up with $100,000 out of their park capital fund instead of $200,000 over the next two years. Mr. Hendryx stated that at Council's direction staff prepared a resolution intending to stretch their SDC money as far as possible to leverage Metro's . money in order to purchase the greatest percentage of property along Fanno Creek possible; they may have stretched it too far. Associate Planner Duane Roberts referenced the budget approved by the Council at a previous meeting showing an allocation of $200,000 over a two-year period; this was identical with the amount shown in the seven year CIP. In response to a question from Mayor Nicoli, Mr. Hendryx explained that the resolution format was intended to indicate to Metro that Tigard was allocating a certain amount of money in order to leverage regional shared funds for the Fanno Creek greenway. Motion b Councilor Hunt seconded b Councilor Rohlf, to a Y , y , dopt Resolution No. 96-33. The City Recorder read the number and title of the Resolution No. 96-33. CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 4 RESOLUTION NO. 96-33, A RESOLUTION EXPRESSING THE CITY'S DESIRE TO PARTNER WITH METRO ON THE ACQUISITION OF FANNO CREEK GREENWAY AND IN FURTHERANCE OF THIS PARTNERSHIP, THE CITY'S INTENTION TO ALLOCATE EXISTING LOCAL SHARE FUNDS AND FUTURE PARKS CIP FUNDS FOR LAND ACQUISITION WITHIN DESIGNATED GREENWAY AREAS. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes. 4. METRO 2040 DISCUSSION Mike Burton, Metro Executive Officer, and John Fregonese, Growth Management Program Director, addressed the Council. Mr. Burton noted the concerns raised by local jurisdictions that Metro was moving too fast on the 2040 elements, and concerns about terminology. He said that he did not think they were moving too fast and reviewed the history of the Metro 2040 concept that began in 1973 with the adoption of the statewide land use goals and guidelines. He stated that the Metro Charter adopted in 1992 required the region to adopt a regional , framework plan by 1997. Mr. Burton said that after Metro adopted the 2040 concepts his concern was how to manage the rapid growth they were seeing in the region and how to maintain the residential, commercial, and employment opportunities. He reviewed the factors driving the timelines that he and the Metro Council were working from, noting state and federal requirements in particular. He said that the changes in terminology were often the result of trying to meet those requirements. Mr. Burton said that right now Metro was asking local jurisdictions to respond to what they thought their population would be, given their planning abilities, community plans and employment/residential needs. Mr. Burton noted the Tigard staff involvement in the process. He commented that the Washington County representatives on MPAC were the Mayor of Tualatin and a Cornelius City Councilor. He said that he had some concerns about the jurisdictions who did not sit on MPAC. He stated that MPAC turned down his request that they tem orarily ex p pand their membershiP beYond the charter Provisions to include representatives from other jurisdictions. He noted other opportunities for jurisdictions to give direct input into the process. Mr. Burton said that the focus of concern he heard from jurisdictions centered around how much land there was in the UGB. He stated that he thought the question was more what were they able to do with the land inside the UGB and how could they find a logical process to bring in the land needed to expand the UGB. He cited Tigard as an example of a city whose rapid growth was projected to slow down by half by the year 2015, something they had to take into consideration when making their recommendations. Mr. Burton commented that he was aware of the difficulty part-time elected officials had CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 5 . • • in keeping up with ihe process. He said that was why they have sent letters to jurisdictions and were personally talking to many of them. He stated that he was concerned that they have communication and that the jurisdictions understand that their input was important to Metro. Mr. Burton mentioned concerns about the process and the speed of implementation, given the differing abilities of each jurisdictions. He said that there was flexibility built into the process to allow for individual differences. Mr. Burton expressed concem about the ability to meet the regional transportation aspects (which he considered woefully undersourced in the program). He said that, though he was a strong supporter of light rail, the emphasis in the plan on light rail has been at the e:cpense of developing other mass transit alternatives. This included building the road system that had been built into the assumptions behind the 2040 concept. He noted the importance of maintaining good access throughout the region, as this area was a key distribution area for sunounding states. Mr. Fregonese reviewed overheads showing trends in the region. These trends included the range of densities needed to accommodate the growth and [he response of the marketplace. He noted that the number and popularity of townhouse style lots was increasing in the area. He stated that they used the amount of net developable land to figure the growth capacities, and their conclusion that their estimates for capacity on - vacant land were conservative. He commented that the outlying communities with a lot of vacant land could meet their 2040 targets more easily than the communities with flat land close to light rail. Mr. Fregonese commented that lot and house prices were escalating. He said that one third of,building permits were going for mixed use areas. He said that Tigard should encourage redevelopment as their vacant lots decreased. He stated that they would like to see the residential building in mixed areas increase from 13% to 20%. Mr. Fregonese stated that their conclusion from this data was that the 2040 densities were achievable in the marketplace. Mr. Burton said that they were concerned about maintaining the balance between residential and job growth; the tendency of people to change jobs seven times during their life created an imbalance because they didn't change their houses that often. He said that he thought they needed a more frequent review process to manage growth than going through this every 20 years. Mr. BuRon noted that events that have occurred in the region in the 1990s have forever changed che area, citing the growth of the electronics industry and the decline of the wood products industry. He said that they have had 1.6 million population growth in the last four years. He expressed his appreciation for the Tigard staff's work. Mayor Nicoli stated that the Council shared Mr. Burton's concem about the speed with which this plan has gone together and the lack of direct input into the process by Tigard. He said that they did not feel that they have had adequate time to review the current draft, though they would be sending a six- to seven-page letter to MPAC with changes for consideration. CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 6 • • . Mayor Nicoli said that the single biggest reason that he did not support the document was the insufficient time. He mentioned the lack of clarity on what the new terminology in the draft meant. He pointed out that an assumption behind the document was service by mass transit but noted that Tigard did not have mass transit that went beyond the main thoroughfares. He mentioned the issue of unfunded mandates, commenting that implementing the current draft would cost a lot of money that Tigard did not have in its general fund. Mayor Nicoli said that the plan lacked firm policies; it included implementing policies instead of stating general policies and allowing the individual cities to meet them creatively. He commented that Metro talked a lot about guaranteeing the quality of life but that he did not see where the draft addressed that issue. Mayor Nicoli expressed concern that there was a change occurring in the ground rules on how housing units were defined that might mean Tigard had a differential of approximately 600 units. He stated that right now they could not tell if they could meet the projections Metro made for their community. Mayor Nicoli referenced a letter received from the former City Engineer, Mr. Randy Wooley. In this letter, Mr. Wooley stated that while he did not want to see the boundaries changed merely to facilitate growth, he did think they could clean up some of the boundaries, citing inclusion of the proposed Tualatin/Sherwood bypass and Beef _ Bend/Elsner Road. The Mayor noted that the arcerial formed by Beef Bend/Elsner (plus one more connection through Beaverton) would cross Washington County from one side to the other; most cities have endorsed the project. Mayor Nicoli raised the issue of affordable housing as it related to quality of life, noting that the increased housing prices in Tigard. He said that when considering the changes to the boundary that they should look at land prices and affordability. Mr. Burton commented that Metro adjusted the timing in response to the concerns raised by the jurisdictions. He said that he thought the issue of direct input should be addressed by the jurisdictions, reiterating that MPAC membership was outlined in the Charter. He said that Lou Ogden and Jeannine Murrell have often raised the questions brought to them. He said that he agreed that there was a lot to do in a short period of time but the process began some time ago; this was the implementation document for the Metro 2040 concept plan (which was where the quality of life issues were addressed). Mr. -Burton said that housing prices were affected by more factors than simply the availabiliry of land, and the marke lace was one of them. He said that he did ' v ~P ntha e an answer on the issue of affordability but he did share this concern. Mr. Burton concurred that Tigard did not have mass transit. He said that he did not think that the plan was based on the assumption of all mass transit. The plan assumed that certain roadways would be built. He stated that they were having a problem regarding how much transit they could afford. He said that he would appreciate having Tigard's concerns in writing so they could respond to them. Mr. Burton said that he would look into the differential in housing units. He said that he assumed that they were all working off the same databases which contained the data CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 7 . • • Metro collected population projections from each jurisdiction. Mr. Burton pointed out that the UGB was adjusted 33 times between 1980 and 1992, adding over 2700 acres. He said that the adjustment process was open to any jurisdiction or individual. He said that they were talking about doing adjustments in a logical way to insure that a city could provide urban services for an area that annexed to it. He said that they needed to know if a jurisdiction could not serve an area so that they could try to adjust for growth elsewhere. Mr. Hendryx clarified that staff understood that the Growth Management Committee was reevaluating the assumptions that went into the growth numbers. He said that though there was no difference in the numbers they were working with, they did want to reevaluate those numbers if the assumptions changed. Mr. Burton stated that he has expressed his concern to the Growth Management Committee that they work off the sarne numbers and not change anything. He said that Tigard should not do anything until they heard the final analysis. Mr. Ramis asked if local jurisdictions would get another review of the numbers if the Metro Council decided to endorse the changed assumptions. Mr. Burton said no because it was unlikely that the assumptions would be significant enough to make a big difference. He said that the jurisdictions would decide on the numbers and the Metro - staff would determine the impacts. He said that he thought it likely that any changed assumptions would lower the density figures, not increase them. Mr. Burton explained that currently Metro was looking at adding about 4000 acres. He commented that some jurisdictions wanted adjustments made for industrial land, citing Forest Grove's and Comelius' fear that they would become bedroom communities for Hillsboro because they didn't currently have sufficient jobs. Mr. Ramis expressed concem that Tigard not get into a position where the Committee proposed a certain number of acres based upon their changed assumptions and then the numbers Tigard submitted to Metro would be portrayed as an alternate to their ~ assumptions. Mr. Burton said that they have asked the jurisdictions to give them estimates for a range of acreages. He reiterated that the numbers would probably go down, not up. Councilor Rohlf expressed his ongoing concern about a partnership with Metro. He said that right now this looked like Metro's plan, not Tigard's plan; this impression increased the closer they got to implementation. He said that he understood that Metro had responsibilities to meet the regional needs but noted that they had responsibilities to meet their communiry's needs. He commented that theY wanted Tigard to still be Tigard in 2040. ' Councilor Rohlf noted that the closer they got to implementation, especially if it was done in a rush, the more frightened people became; they might reject the entire concept. He said that he thought that Metro needed to look at ways to help cities incorporate the 2040 concepts into local planning, including groviding funding. Mr. Burton commented that it was their intent to help cities incorporate the plan into CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 8 i . • ~ I their local planning. He said that any specific concerns about the plan would be very helpful to Metro. He noted that this plan would change the way people lived, citing Hillsboro's work on rezoning one third of their ciry. He said that he would be very interested in Tigard's vision for [heir community. Councilor Rohlf commented that the CITs were becoming aware that changes were coming their way. He said that people tended to view negatively changes over which they had no control. He noted that if Metro wanted the plan to be a success, they needed to get local support. Councilor Scheckla commented that the guidelines were nice but didn't necessarily fit everybody. He asked what strictures Metro had to enforce compliance with the plan; could they pull revenue sharing? . Mr. Burton stated that the Charter adopted by the voters had a drop dead date in it. He said that Metro had the responsibiliry for the implementation of the regional framework plan mandated by state law. The plan had to be adopted with input from MPAC, the body that represented the local jurisdictions, by December 31, 1997. All 24 cities and three counties were required by the Charter [o conform their Comprehensive Plans to the framework plan within two years of the adoption of the plan. The plan then went to LCDC for review. Mr. Burton said that they could not pull revenue sharing because that was a State responsibility. He said that he hoped they wouldn't have to enforce compliance. He said that they were aware that there would be differences in specific plan requirements throughout the region. Mr. Fregonese stated that they have heard from other jurisdictions this concern that Metro's plan was not a local plan. He said that they have tried to include in the draft a performance standard that would allow local jurisdictions to develop their own local visions while maintaining a regional framework for the regional responsibilities. He said that they had a prescriptive way to implement the plan for those jurisdictions that lacked the resources to develop their own plan in conformance with the performance standazds. Mr. Fregonese said that Metro was committed to giving the jurisdictions an implementation plan in writing but that the jurisdictions could throw it away if they didn't like the plan and develop their own. Metro would work with a local jurisdiction's staff on ways to implement the standards. Mr. Fregonese explained the waiver system that allowed a jurisdiction to obtain a waiver if it could not meet a framework provision. He said that if there was a problem, they could go to RUGGO which went beyond the Charter authority. He pointed out the provision for a mediation process, should Metro and a local government disagree on implementation of the functional plan. After that a disagreement went to MPAC who sent a recommendation to the Metro Council. The final step was to go to court. Mr. Fregonese stated that Metro did have Charter authority to keep jurisdictions focused _ on the plan. He contended that developing a local vision was essential to the way a regional government really worked. He said that Metro 2040 was designed around the local visions they heard from the jurisdictions. He said that they would work with CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 9 . • ! jurisdictions to be flexible in designing the plan so that it fit the different shapes and sizes of the communities throughout the region. Councilor Scheckla asked where Tigard would find the funding to upgrade their infrastructure if it was required to meet the population growth. Mr. Burton said that they might not have to comply. He commented that the UGB has become symbolic. He said that he would like to concentrate on the question of how they would bring the land they needed into the UGB; what was the most logical way to determine on an annual or biannual basis whether or not they were meeting the densities and projected growths? If adjustments were needed, was there a master plan to make those adjustments? Mr. Burton said that he was anticipating an urban growth study to determine what additional land jurisdictions really needed and to evaluate infrastructure and transportation availability. He said that if a jurisdiction could not serve an area, then they needed to accommodate the growth somewhere else. He noted that in order to maintain a good economic and residential base they needed to make urban services available. Mr. Burton commented that paying for schools was not included in the mix at all. He cited Cornelius' concern about how to pay for schools without the tax base needed to do _ so. He said that he would argue that providing facilities could be done more efficiently close in and that the same questions of who provided services arose for the 4000 additional acres brought into the UGB. He stated that they needed input and concerns in order to do this logically so that they did not end up making mistakes. Councilor Hunt complimented the City staff on their excellent letter to MPAC, noting . that it included the specific concerns Mr. Burton said that Metro needed to hear. > Mayor Nicoli recessed the meeting for a break at 9:10 p.m. > Mayor Nicoli reconvened the meeting at 9:22 p.m. Jack Polans stated that he agreed with the comments made by the Mayor and the Ciry Council. He raised concerns about where Tigard would get the funding to implement the plan and the timing issues. He said that he did not support it. 5. VISIONING PROJECT Mayor Nicoli stated that he agreed with the comments in a letter received from former City Engineer Randy Wooley. Ms. Newton concurred with Mr. Wooley's comments on the importance of doing something with the results of this process. She said that the cities that had the biggest success with visioning were those who spent an equal amount if not more energy in ongoing implementation of the plan. Ms. Newton reported that Metro told her that they have no money to help with the citizen involvement component of the visioning process. She said that John Fregonese CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 10 • • suggested she try for LCDC grant money. She said that he had been very intrigued with the idea of using a visioning process to help local jurisdictions make the regional Metro plan work for their local community. Ms. Newton reported that the colleges have contacted her again regarding the City's possible use of interns to wvrk on this project; the professors would like information soon because they would be assigning interns to projects in the next few weeks. Ms. Newton directed attention to Mr. Monahan's memo on the visioning project. She pointed out the interest of the Tigard-Tualatin school district in participating in the visioning project; staff was working with the district to determine which grade level to involve in the process. She stated that getting the kids involved was a good way to get the parents involved, especially those families with both parents working outside the home who didn't have the time to get involved in the City. Ms. Newton noted Mr. Monahan's point of using the process to redefine and evaluate the CIT program to see if it was the effective means of grassroots involvement it was intended to be. She said that she thought that the visioning process coutd involve a lot more people in the evaluation of the CIT program, and would be a good opportunity to ask people how they would like to be involved in shaping the community on an ongoing basis. She stated that visioning would expand geometrically their citizen base to help staff determine the best ways to keep citizens involved in the future. - Ms. Newton commented on Mr. Monahan's point of using the vision to check consistency when reviewing budget requests, service demands, Comprehensive Plan amendments and other proposals. * She said that staff envisioned this as an opportunity to doublecheck annually where they were with implementation and to have a consistent method to check back with the citizens. Ms. Newton commented on the importance of keeping those citizens who worked on the project involved once the process itself was complete. Mr. Monahan asked for direction on whether or not to go ahead with the visioning process. Councilor Hunt stated that though he has not been enthusiastic about the visioning process, he would now support it 100% because staff felt that it was an important tool to help them further their goals. He said that he has been very happy with the direction staff has taken. Councilor Scheckla expressed his opposition to the project, stating that the City would not run as well with Mr. Monahan and the others taking time away from their job duties. He said that they already knew that the citizens wanted more parks and recreation programs and more police. He expressed concern that nothing would be done with the information gained because they wouldn't have the money to implement the programs coming out of the process. Councilor Rohlf stated that virtually all the contact staff has had with the public indicated I a strong support for the process. He said that Metro also supported their local process to develop a vision. He said that he thought that it was important to develoP quantifiable CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 11 . • • objectives and a plan to meet them. He stated that finding funding would be part of the process. Mayor Nicoli stated that he had been somewhat skePtical about this but that staffs approach to it and Randy Wooley's letter have convinced him that this would be a good thing for the City. Motion by Councilor Hunt, seconded by Councilor Rohlf, to authorize the City Administrator to go ahead with the plans laid out to implement the visioning process. Motion was approved by voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Rohlf voted "yes"; Councilor Scheckla voted "no. 6. PUBLIC HEARING (QUASI-JiJDICIAL) ZONE CHANGE ANNEYATION (ZCA) . 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the City of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. . a. Open Public Hearing Mayor Nicoli read the hearing tide and opened the public hearing. b. Declarations or Challenges: None c. Staff Report Ray Valone, Associate Planner, presented the staff report. He reviewed the specifics of the request. He stated that the request met all the Ciry and Boundary Commission requirements, and had adequate facilities available to it. He said that they have received no objections as a result of the noticing process. d. Public Testimony Opponent: Jack Polans, 16000 Queen Victoria, King City, expressed his opposition to this annexation, citing Comprehensive Plan Policy 2.1.1. He said that more information needed to be given to the CITs. e. Staff Recommendation Mr. Valone recommended that the Council adopt the resolution and ordinance and CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 12 • • forward to the Boundary Commission for approval. f. Council Questions: None g. Close Public Hearing MaYor Nicoli closed the Public hearin g h. Council Consideration: Res. No. 96-34 & Ord. No. 96-21 Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Resolution i No. 96-34. . The City Recorder read the number and title of the resolution. I RESOLUTION NO. 96-34, A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B, ZCA 96-03. Councilor Scheckla asked for clarification on why not all the properties in that area were included in this request. Mr. Valone said that some did not respond to the letter he sent informing them of this opportunity to annex into the City. - Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance 96-21. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 96-21, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE, ZCA 96-03. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes. 7. ASSIGN GREENSPACE ACQUISITION PRIORITIES Duane Roberts, Elssociate Planner, presented the staff report. He referenced the list of Metro greenspaces local share acquisitions that Council adopted last month. He reported that the City now owned the Fern Street parcel. He explained that the owner of the Cook Park parcel lived out of state but was willing to negotiate with the City. He recommended hiring a professional negotiator to deal with this item, and that they move on it soon. Mr. Roberts reviewed the Bond Street property status, noting that the Wetland i Conservancy was trying to collect on the neighborhood pledges of the $32,000 intended for the urchase of the arcel• the p p , Conservancy has committed to makin uP an ~ Y CITY COUNCIL MEETING MINUTES - MAY 28 1996 - P , AGE 13 . • • shortfall caused by people moving away. He recommended that the Council wait to move on this property until after the money has been collected. Mr. Roberts reported that the Counry Commission would act on their list of Metro greenspaces projects in August; at that time Tigard would find out whether or not the Bull- Mountain property would be included as a joint venture. He noted that the property owners intended to place the parcel on the market this summer and recommended that the City negotiate an option to establish a,firm price and to prevent its sale during the summer. He stated that a firm price would be helpful in their negotiations with the ' County. He said that the option would be contingent on the County paying 50%. Mr. Roberts said that staff did not think it was appropriate at this time to pursue other properties because they did not know how their partnership with Metro on the regional shared funds would operate. In response to Council questions, Mr. Roberts reviewed the County process on Metro greenspaces funds. Councilor Hunt pointed out that the distribution costs did not add up to the total assessed value for the last property listed, Fanno Creek on Main Street. He asked if staff intended simply to go as far as they could with the money. Mr. Roberts said yes, and that they had thought they could leverage more regional money. _ Councilor Hunt asked what happened to the other projects on the original list of 15-16 projects, noting this had only six projects listed. Mr. Roberts reviewed the various reasons why the other projects were no longer on the list. Mr. Roberts asked for approval to proceed with negotiations on F-2 and to proceed with an option on the Bull Mountain property. Councilor Scheckla asked if there would be $294,000 left of the Metro funds if this was approved tonight. Mr. Roberts said that he did not know because he didn't know what the final prices would be or if they could even agree on a reasonable price. If not, the Ciry could walk away from the option and pursue something else. He confirmed to Councilor Rohlf that staff would return to Council if the price was excessivel hi her than est' y g unated. . Councilor Hunt commented that the policy of not increasing the number of full time employees was effectively offset by the practice of hiring consultants. He asked if staff couldn't handle the negotiations themselves. ' Mr. Monahan said that they could do so, depending on the staff work load. He commented that it was helpful to have a third party negotiate contentious discussions. Mr. Roberts noted concems with a potentially complicated negotiation. for which the staff lacked experience. Mr. Monahan said that they could get help from Finance and the City Attorney's office in evaluating any proposals. Councilor Moore commented that they could spend as much money in staff time as they could on hiring a consultant. CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 14 , ~ • Councilor Hunt asked that staff try it on their own first; if theY ran into comPlications, then theY could hire a consul t tan . Motion by Councilor Hunt, seconded by Councilor Moore to authorize staff to go ahead with the negotiations for acquiring the F-2 property. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes. Mr. Polans asked if the land along Fanno Creek would be defined as a park and bike trail. Mayor Nicoli stated that they have not made that determination yet; they did not know yet whether the City or Metro would own the land. He said that it was too early in the process to make any decisions. . Councilor Moore asked what the option would cost. Mr. Roberts said that they did not know; it might not cost anything at all. Staff simply wanted to retain the ability to purchase this land that had eight buildable acres. In response to Council questions, Mr. Roberts said that the option would be contingent on Washington County putting up half the purchase price. He stated that he has talked to County staff; this property was on the semi final list of the Park Board for recommendation to the County Commission with a good possibility that it would make the fmal list. He noted that there was considerable community support for the County to purchase this land. Councilor Hunt expressed his opposition to negotiating an option. He said that he could not see spending that large a portion of the total funds on one area; if it went through, then the money was gone before they had the chance to consider the other properties. Councilor Moore said that he supported staff looking into an option. Motion by Councilor Moore to direct staff to proceed with negotiating an option. Councilor Rohlf concurred with Councilor Hunt's comments. Councilor Moore withdrew his motion. Mayor Nicoli expressed his concern that Bull Mountain had no open space set aside. He , noted that it was within their UGB and would come into the Ciry at some time. He said that it was unfortunate that it was an area where the land was expensive but contended that the residents deserved open space as much as any one else. He pointed out that this ' was probably one of the last opportunities they would have to purchase land there. Councilor Hunt expressed concern about spending money on people who did not want to annex into the Ciry and pay their share of taxes. He contended that buying this properry would encourage them to stay out of the City because the amenities were being provided anyway. Mayor Nicoli noted that a good portion of Bull Mountain was already annexed into the City. He reiterated that this area which was within the UGB would eventually come CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 15 ~ • into their city limits as provided by State law. Mr. Monahan commented that purchasing the property showed commitrnent by the City that it was interested in providing full services to the area. He noted that the annexation approved tonight included one individual who had strongly supported purchase of the Fern Street property. Councilor Moore said that he understood the concern about money. He said that he did not think he would support this if Tigard financed it 100 % from its greenspace allocation but the County picking up half the tab made it more attractive. Councilor Hunt said that he might be able to support it if they took the other projects first and used the money left over for this property. He reiterated that he was bothered by getting this property first and removing the money from consideration for the other pro}ects. Councilor Moore expressed concem that they could lose the possibility of having a greenspace on the mountain. He said that he has visited the site and that it was a good spot for a park. He said that much of his support for the purchase came from listening to two nights of testimony on the greenspaces proposed sites at the Planning Commission. He stated that this properry had been high on the priority list. Councilor Scheckla said that he liked the area but that he didn't see that there was that much buildable land on the property. He stated that he could not support the option either. Councilor Rohlf stated that the amount of public support on the record was more convincing to him than other factors. He said that he was concerned about the money and that the City might get stuck with the whole thing if the County backed out. Councilor Moore commented that staff has stated that the option would include a . provision that it was contingent upon the County joining in: He said that he thought that the citizens would understand that the city had tried everything it could but that they had to have the County support. Mayor Nicoli commented that the price could be lower than the estimate. Councilor Hunt asked for clarification on whether or not it was legal for the City to negotiate a price below the appraised market price when it was not a condemnation proceeding. Mr. Ramis stated that legally they could negotiate the best deal they could get. Motion by Councilor Moore, seconded by Councilor Rohlf, to direct staff to negotiate an option on the property with the understanding as long as the County played, and to return to the Council with the cost of the option. Motion was approved by three to two voice vote of Council present. (Mayor Nicoli, Councilors Moore, and Rohlf voted "yes"; Councilors Hunt and Scheckla voted "no. 8. DISCUSSION: ROLES OF PLAi1NING COMMISSION AND CITIZEN INVOLVEMENT TEAiMS CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 16 . ~ a Mr. Hendryx reviewed the history of this issue, noting ttiat it arose over the greenspaces and ark fundi 1 p ng and p ammng issues. Ms. Newton reviewed her memo laying out the policy drafted by staff to delineate the roles of the Planning Commission and CITs in three general areas in light of the input they had received and the purpose of the two groups (memo available in the Council packet). Ms. Newton said that staff has asked that the CITs review all legislative amendments to ~ the Comprehensive Plan and Development Code text or map in a timely fashion to avoid stalling the applications; they should conduct a review at their next regular meeting and forward their comments to the Planning Commission. She said that staff has asked that the Planning Commission respond formally to the CIT comments in their recommendation to Council. Ms. Newton said that quasi judicial Comprehensive Plan and Zoning Map amendments would be handled in a similar fashion with CIT review and comments forwarded to the Planning Commission for inclusion in the Council recommendation. She said that single zone changes would not go to the CITs but would be handled through the current neighborhood meeting process used now. Ms. Newton said that staff asked that the CITs provide comments directly to Council _ regarding the annual review of the seven year CIP budget, though their comments on the update of that budget would go through the Planning Commission. Ms. Newton asked that the CITs send input to the Planning Commission on park planning issues that involved Comprehensive Plan policies or changes to the Zoning Map, and input on levy or bond proposals that involved park or transportation improvements. However the CITs would send input direcdy to the Council on development or expansion of park facilities or acquisitions that already conformed to existing Comprehensive Plan policies. In response to a question from Councilor Hunt, Ms. Newton reiterated that the Planning Commission would include the CIT input in their recommendations to Council. Ms. Newton recommended that staff define the role of the CITs and Planning Commission at the beginning of any process dealing with special studies or consultant ' services approved by Council that involved the use of land, fees, or charges paid by the public. She said that if staff did not intend to involve the CITs in the process, then staff at that time would indicate how they intended to involve citizens, thus allowing staff the latitude to recommend task forces, etc. as appropriate; Council would have the final approval on the citizen involvement vehicle used. Ms. Newton stated that staff would like CITs to present their recommendations to the Planning Commission in the format of a broad consensus rather than a vote specifically supporting or opposing an issue. She commented that they would like to see the CITs present as broad a representation of the perspectives on the issue as they could. Councilor Hunt asked if the staff recommendations included the role of the CITs in transportation. Ms. Newton said that the CITs would come directly to Council with CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 17 . • • their input on the annual CIP process. She e:cplained that the Planning Commission had a mandated role in the municipal code regarding general land use and transportation planning issues, so staff recommended that the Planning Commission take the lead on those issues and that the CITs comment to the Commission. Ms. Newton said that neither the CITs nor the Planning Commission have reviewed the document. Mayor Nicoli directed staff to take the document to those groups for their . comments. He said that he was comfortable with the recommendations. Councilor Moore said that he was also comfortable with the memo. He commented that this was how he envisioned the process working when he was on the Planning Commission. He noted that the Commission had not gotten CIT input at the hearings, although they always asked if a CIT representative was present. He said that this might encourage the CITs to send a representative to the hearings with CIT recommendations. Mr. Hendryx pointed out that this would be beneficial to staff because it clarified issues and gave them written guidelines. . Ms. Newton commented on the importance of discussing how staff would involve citizens in the issues that didn't fit easily to either group. She confirmed that task force members would be drawn from the CITs but noted that staff could still ask for representatives from other areas in the community (e.g., downtown businesses). - 9. UPDATE: DEPARTMENT OF ENVIRONMENTAL QUALITY - EMPLOYEE COMMUTE OPTION PROGRAM Mr. Hendryx distributed a memo discussing the DEQ program Employee Commute Option (ECO) currendy undergoing public hearings. He explained that this was DEQ's response to the federal and state mandates to improve air qualiry in the Portland Metro area; the goal was to reduce employee vehicle trips by 10% by setting up a series of incentives to encourage people to get out of their cars. He said that all employers with more than 50 employees had to comply with the rules. Mr. Hendryx reviewed the specific requirements of the program, including a survey of employee driving habits to set a baseline for comparison (with annual followup surveys), development of an incentive program to reduce employee trips, and annual reporting to demonstrate compliance. He reviewed the timeline for compliance, noting that they had a projected deadline date of May 1., 1997. Mr. Hendryx reviewed ttie alternatives; businesses could come up with their own plan, they could pay a fee or they could request partial or full exemption from the process. - Mr. Hendryx stated that staff has scheduled DEQ to present the program to the Council on June 28. Mayor Nicoli said that since they intended to meet the requirements, he saw no reason for DEQ to make a presentation on the program to the Council. Councilor Hunt asked if the City allowed an employee to take a car home the night before he/she needed it in order to prevent traveling twice in the same direction. Mr. Monahan said yes, though they determined that on a case by case basis. ~CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 18 • , • . 10. NON AGENDA ITEMS I, > Mr. Hendryx announced that ODOT was studying two sections of Highway 99 using students from PSU and OSU to conduct a survey of driveway movements, etc. to get a . baseline comparison for the long term study on Highway 99. He said that the two sections were the five lane section from 217 to I-5 and the four lane section west of Gaarde Street where the controlled access began. He said that he asked ODOT to contact the business owners to inform them of what was going on. > Mr. Hendryx presented the revised letter to MPAC, stating that staff would deliver it to Metro tomorrow. Councilor Rohlf raised a concern regarding the lack of representation of local jurisdictions on MPAC. > Councilor Hunt asked for an update on the Tigard Triangle. 11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 11:05 p.m. under the provisions of ORS 192.660 (1) (d), (3), &(h) to discuss labor relations, real property transactions, current and pending litigation issues. Mayor Nicoli reconvened the meeting at 11:25 p.m. > Mr. Monahan asked for direction for staff to meet with the CITs regarding the - engineering fees. The Council directed staff to move forward. > Mr. Monahan asked for direction regarding the speed hump program. Councilor Rohlf asked if the reason neighborhoods had to go through the radar program before they were eligible for speed humps was to prove to them that everything that could be done has been done. Mr. Monahan said yes. Councilor Rohlf suggested removing that requirement, contending that if 50 % of the neighborhood wanted a speed hump, they already knew there was a problem. Councilor Moore concurred with keeping the process as simple as possible. 12. ADJOURNNIENT: 11:30 p.m. . ~ Attest: Catherine Wheatley, Ci,ty Recorder ~ Mayor, City of Tigard C~u.nCi1 P~~s n~- Date: / ~~i~,Q o~ S lcllG ~ CITY COUNCIL MEETING MINUTES - MAY 28, 1996 - PAGE 19 • • Y IG~D eC ~ 1 i oF ~ OREGON June 3, 1996 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 96-0003, West Fem Street) and to request space on the Boundary Commission's agenda of July 25, 1996. 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 Associate Planner Enclosures 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 101,1r G. woz lc 24_201,121n 2689 osz7,- . . Darlc"c M. riak ~ 11550 $W. T2rb 620-9642 1; _ Tigarzp. gx-;~ 97223 a 3=So = c to ~ ~ a cne order ot J l : ~~i~JL~" r~~✓~ y ~ xey Bank ot oregon ~ Tigard Offi tt665 SW. Pacific Hwy.. P.O. 8ox 23488 SANR r,9a M. 0 Aces-1-209ra ' ; t-800,KEV-B/1NK t-80P539-2265 3 memo - • ---Yr_'__ - - ` ERIC L. JOHNSON 3 061 CHERILYN K. JOHNSON 96a41613232 ` ~ 14130 SW FERN ST. 503-590-1148 '9 y^~ : TIGARD, OREGON 97223 I 2 Pw to the Q 9W3 OrtIcT o ~N ; L<]: _ ~ _Y •~t~ " ':F~ .r.. ✓ ~ { m m. ~ 844~4Q94 C ~ ..Y~' y i.Qr.'wJ~ ~ . O.Bo7t2100 t' o s Q ~~iw... c.~n~ u+o. BBeV6ROn.OFi 97075-2100 For ! _ . . ~ MARVIN S. BOWMAN - - . . - .629 - - MARTfNA R. BOWMAN-- - so ~ ~ 38 i 5 SLV. t 53TH TcRR. 590-0294 ~ z f 9,~',l b 2033ilJ299o 71GAftD. GR 47224 . OROEA OFE ~~'I+VV~. _ - • $ . O +,~'11 WASHINGTON MUTUAL NK ` ~ 3eavaf.on Financui ~an;e+ ~ ' 2520 ~CU2nwnn Far^mc:n aeav 3eavera+..1R 3:GG5 FOR AA(.t-k~,s+.17Z3-s S'Lv ~ A I,~....~ ~ ~ c....~ . . . 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L ~Q . . ~ . . . • • • . . , . . . ~ ~ . . . . . . ~ . . . . . . . . . . ~ ~ NOI1b21191NIWdV 2l3MOd . . . • ~ Z V O 3llIA3NN08 • PMALGBC FOR1tiI -#'6 ~ $OUNDARY CHAIVGE DA TA SHEET 1. EXISTLVG C 0NDI TIONS IN Ar'ZF.4 T 0 BE ANNE.YE'D OR WI THDRri WiV -4 or Square Miles A. Land Area: Acres 'i -2 B. General description of temtory. (Include topographic features such as slopes, vegetation, drainage ba'siris, floodplain areas, which are pertinent to this proposal). C^T 1-il ~'Lh i Su Ze:~.,~..~• ~6 Sr2 c~rhL IJ TD C;; 'il~i 2~:~~~ ~~_oF ;L~.: r L p'i-EtSi S i I'•~e~ i Aft~ N"l":flJi L.,{ ~:,o~~.l~ ~l ti+c,C';14~n~aC%~11wtS~ ,$'i,:,.~~5 ~ 2v% ' C. Describe land uses on surrounding parcels. Use tax lots as reference points. PR o Di Y04-14 05 F--:.- S i. i S 13Y CA S i Lc,' l h: ~C NO Rh: ~.J ~t-I c-rt C S rA.) G"T-1 /a I`--( a_; P2 op "JLii~~ A.~ LG.'1.t o F cTvk--~- Ar..i c~'~SN ~c•~ Z~••~.7 .'L-bC25 lABc,l...T~ foC~o 2.7od East: 5~ ~G« -~.,~.,.....i•T (~.e~ P~ ~z-,'~ts- z:..~, 2- b~ ti c...►..~s L-c. I 251 416C- L4;s Gw;-70*o 2iOO South: ~ ' (n ~CS►-ti Q~ Wo~!nS S~9 n ~ V,-S ; c-J ~ z,..,~: ►2 - -7 ~ ~'S i T~i G~~ • W est: S~ M-C A D. . Existing Land Use: ~~..~c u`6 ~ e. ~ Number of sin~le-familv units ~ c_Ns-e.~c~...~~, mber of mulri-family units Number commercial structures ~ Numoer industrial structures L Public facilities or other uses C What is the current use the land proposed to be annexed: S~ NGL I-,A --t:c. -f _ r n. L E. Total current yesr Assessed Valuation S -72 U;' o F. Total exisring population ~ --11-- . Revised 11/9 3 . ~ • ' IL RF.~SON FOR BO ZJNDARY CHANGE A. ORS 199.462 of the Boundarv Commission Act states: "In order to carry out the purposes desc;ibed in ORS 199.410 when reviewing a boundary change..., a boundary . commission shall. consider local comprehensive planning for the area, economic, demographic, sociolooical_projections pemnent to the proposal, past and prospective physical developments of land that would directly or indirectly be afrected by the proposed boundary change..." Considerino, these points, please provide the reasons the proposed boundary change should be made. Please be very specific. Use additional pages if necessary. (This iniormation is ofren quoted in the Staff Repon, so be thorough and complete.) I~4f 1:~ C C,5 S ( l: S r1.., c'c- r B. If the pcoperry to be served is enrirely or substantially undeveloped, what are the plans for future development? Be specific. Describe type (residential, industrial, commercial, etc.), densirv, etc. ~ C.a S ~kOO~ ..b J t, ~.t `;,.S 6.b ' X. LAND CISE AND PL.-4IV.NING A. Is the subject territory to be developed at this time? N ~ B. Generally describe the anticipated development (building types, facilities, number of units). C. Is the subject territorv inside or outside of the Vietro Regional lirban Growth Boundarv? 12 Revised 11I93 D. What is the apcable County Planning Designarion?• or Ciry Planning Designation Does the proposed development comply with applicaole regional, counry or city comprehensive plans? Please describe. - i E. What is the zoning on the territory to be served? C.u.pR~W LJ 4 su ro . 2" ~ . F. Can the proposed. development be accomplisned under current counry zoning? ❑ Yes ❑ No If No,---has a zone change been sought from the county either formally or informally. a Yes ❑ No Please describe outcome of zone change request if answer to previous questions was Yes. G. Is the proposed development compatible with the ciry's comprehensive land use plan for the area? o Yes o No ❑ Ciry has no Plan for the area. Has the proposed development been discussed either formally or informally with anv of the following? (Plesse indicate) ❑ City Planning Commission ❑ City Planning Staff o City Council ❑ Ciry Manager Please describe the reaction to the proposed development from the persons or agencies indicated above. 13 Revised 11193 H. Please indicate Opermits and/or approvals from a CityPounty, or Regional Government which will be needed for the proposed development. If already granted, please indicate date oi approval and identifyin; number: APPROVAL PROJECT DATE OF FUTL'R.E FILE .U APPROVAL REQUIlZEMENT Metro UGB Amendment City or County Plan Amendment I Pre-Applicarion Hearing (Citv or County) I ~ ~ Preliminary Subdivision Approval Final Plat Approval Land Partition Condirional Use Variance Sub-Surface Sewaee Disposal Buildinc, Permit I Please submit copies of proceedings relating to any of the above permits or approvals which are pertinent to the annexarion. I. If a city and/or county-sancrioned citizer.s' group exists in the azea of the annexation, please list its name and address of a contact person. W C~ 1/ l'j i I Z C A/ T R+1/U l.1/G M~T ~ C~ h IY' SERY7CES A14D UTILITIES A. Ple3se indicate the following: 1. Location and size of nearest water line which can serve the subject area. Pflk~SSqrc r Ati, i Z" S-A~.da2> L., ii~ C LJ.' 5 1J Cn~ S; Frk~ T qLC.,JC SK-3-J-kC~ `J7't--C,7-b .E-~ 1 Revised 11/93 • ~ 2. Location and size of nearest sewer line which can serve the subject area. ~`S' L; ~ ( •v .'-C !c i s "1. ".P.t JG C) 1~~T j c, 3. ProYimity of other facilities (storm drains, fire engine companies, etc.) which can serve the subject area S i DR-K G ti-',q ~ v~ ~Z/~ L 1,~ .•v-~ Q G' ~ -s--t~i --L.-A J^L•JNG r-t;12 s~-f Z-L=e T ~ 4. The time at which services can be reasonably provided by the ciry or district. 5. ?he estimated cost of extending such facilities and/or services and what is to be the method of financing. (Attach any supporting documents.) 6. Availabilicy of the desired service from any other unit of local aovernment. (Please indicate the government.) NO,J~ 15 Revised 11/93 B. If the temtory Oribed in the proposal is presently inoed within the boundaries of any oi the following rypes of govemmental units, please so indicate by stating the name or names ot the governmental units involved. City Rural Fire Dist/LtAZ• VA L-W" Counry Service Dist. ~ Sanitary District 04T~ ' Hwy. Lighring Dist. Water District 7-k GA Grade School Dist. g~A~ ~ 0,-1 N o4 5,' Drainaee District High School Dist. L( Diking District Library Dist. Park & Rec. Dist. Special Road Dist. Other Dist. Supplying Water Service C. If any of the above units are presently servicing the territory (for instance, are residents in the territory hooked up to a public sewer or water system), please so describe. 74-)f-- U R,3A ~J 2-".4,6S c~.~.✓u^ QctA Sci G ci Fr PA-, no L a zA vGg -,o..) sc4.loOC ~J;Sg'Ci %WiL, JALI'.r ~ £ ~SctXC A71 Gr,e~ filA '►Z'n n.Z~ ~ St:.2vE, , APPLICAN'T'S NA?19E C~*~-kq 6 F '?1 Ga .ep I M.AII.ING.kDDRESS C3 125 5•.~= fd.4 Ll SL\1,~ . 'i ~6A 4,6, ~R. ~722.'~ C c1-ri A L-r :~a ~/A u c,,(f TELEPHONE iV'LtifBER ~ 35 - 417 ) ~c 33 (`Vork) (Res.) REPRESENNTING DATE: ~ I 3,z)15~, 16 Revised 11/93 PMAL GBC FORYI Ar'19 (7'his fornr is NOT the petition) ALL 0;T'NFr2S OF PROPFRTY A1VDiQR r'ZGISTERED VOTERS INCL UDED I.V BO L;VDARY Cc?-LUGE PROPOSAL A?E4 (io be complesed IF the proposal contains 10 or fewe: land ownersiregistered voters. Plesse indic3te the name ana address of ail owne:sivocers re;srdIess oc wne:he: they signed an annexauon penrion or not.) inis is ior notincation purposes. ~i-:VfE Or OWNEiZVOT"r_R ~-0 DRZE SS PROPERTY DESIGINNATION (Indicate tax lot~ sec:ion number, Township and Range) (1) ZE~^i so ~ lA t3c S'- Lvi 2,J~c i 4 g~! 2.S e 1 , -~u A~, 3 t-~ _ C<< ti; 2~ ~lNs o ~L(.IA ii, L i~ c u~.30A vrt I 'k I GC 5L.J <.R,.: S~,- Lo~- 17u t) Stzi ~ f3~- ~ 6nrL6 , Ca2 1917-13 l J ~ A2"` N~ ~a~~,t ADO~L~.SS S7 93ti-~T .tcPc"/Yt-t f~ 1 J li kA A.) twr I+Z tii ~ r'~ IL 5~! J C..J s1 .S c Ci .4 8C l J Z s " ~.JOzK ~ .B --L Ui) Sr-~ dL ~~c~w~L~= ~ o~ ~-722,4 ,-zs Zi =o ~evised 11"93 ~ • PlVIr1LGBC FORtiI #19 (conanued) (This form is tVOT the petition) \ aLL O-WrVE'RS OF PROPERTY AtVD./OR REGISTFRFD VOTFRS I.NCLUDCD Ilv BOUNDARY CH.=iNGE PROPOSAL ARE-i _ (To be completed IF the proposal contains 10 or iewer land ownersiregistered voters. Please indicate the name and address of al] owners,'voters reeardless of wnether thev siQned an annexarion perition or not.) This is ior norification purposes. NAME OF OWVE:ZNOTER kDDRESS PROPERTY DESIGNATTON (Indicate tax lot, secrion numeer, Township and Range) ~~LPA I4-1 ...J V(-,NS q,b i-7L23 LU 9-GD t Sc~t A /3C. vo~ C,~ T2.S ~ 1. N~ 4 i (10) ? 1 Revised 11,193 P:VALGBC FORlyt #24 DOiIBLE 1Lf4JORITY WORK SHEcT I i Please list all properties/registe:ed voters included in the proposal. (Ii needed, use sepazate sheet for addinonal lisrings). _ PROPERTIES Prope:ry Assessed Signed Peticion Desi;narion Name oi Owner Acres Value Yes No (?a,r Lot r'rs) Z,S 1 LI SL 2.~ ~ ~ - co 2S-S o ~ 1 11 CC> I ianlln:+,gAV..~ ( -G'~ ZC,J~ 25 ) A Q L 1 Sd 16c aSD ~C 2S ) 4 b~ ~I I I i l I ( I 4 I I 1 ! I ~ 1 I I fl l ! I i I 1 { 1 1 1 ~ I { TOT.AL.S ~ .72. C; Re`: ise3 i i: 93 • • PltiIALGBC FORM r',20 (continued) REGISTERED VOTFRS ADDRESS OF REGISTERED 'N~NIE OF REGISTERED SIGNED PETITION Voter Vocer lres ` No I ~ 141Lv S~ ~,w s~ i 5"7 zz 3` C, N~ ~-L l~ t-t•J SA .s~`1 I I 4 I4 2 3~ S:..J 1 r..., S~ ~ f ( ~ ( I I ( ~ I I ' TOT:A.LS I ~P I ~ I I , . . . SU:LItiL-!R3' TOTAI.. vZ'INEBER REGISTERED VOTERS IN THr PROPOS AL ~-L`2\,,II3ER OF REGISTERED V'OTERS W'ri0 SIGv"ED ~ PERCEv7'AGE OF F`c.GiSTERED VOTrRS WHO cIGvrD TOTaL ACREAGE Iv' PROPOS AL ~ • Zd ACRE AGE SIGNTED FOR ~ ,2 A PERCEv?AGz OF ACREAGE SIGvrD FOR ? 3 . . Revised 1 U93 ! CITY OF TIGARD, OREGON • RESOLUTION NO. 96 ;3~ . , A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS 'I DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 96-0003). WHEREAS, the Tigard City Council held a hearing on May 28, 1996, to consider the annexation of four parcels consisting of 9.24 acres located along SW Fem Street east of Ascension Drive; 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 temtory proposed to be annexed; and WHEREAS, the property which lies within the boundary of the Washington County Enhanced Sheriff s Patrol Distnct, Washington County Urban Roads Maintenance Distnct, 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 descnbed 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 Govemment 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 Govemment Boundary Commission at once. ~ PASSED: This ~ day of , 996. ~ M - City of Tigard ATTEST: ~ City ecorder - City o Tigard Certified to be e True Copy of Original on fiI~TT~~~O CrTy D e • . . i:Vrp1n\ray\ZCA96-03.res, 5/15/96 4:45 PM BV: PiL~ ~ Cty ecor r- C~v~aa rd D ate: , 1 7RESOLUTION NO. 96-_a~ Page 1 • • '°~~T= STAFF REPORT I May 28, 1996 I TIGARD CITY COUNCIL ' TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General information CASE: Zone Change Annexation 96-0003 REQUEST: To annex four parcels of 9.24 acres of unincorporated Washington County land to the City of Tigard and to change the comprehensive plan and zone from Washington County R-6 to City of Tigard Medium Density ResidentiaUR-7. APPLICANTS: Marvin Bowman Kari & Michael Hohnbaum 13875 SW 158th Terrace 14160 SW Fern Street Tigard, OR 97224 Tigard, OR 97223 Cherilyn & Eric Johnson Darlene & John Wozniak 14130 SW Fern Street 11550 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 OWNERS: Same LOCATION: The western end of SW Fem Street, east of Ascension Drive - WCTM 2S1 4BC, lots 800, 1600, 1700 and 2000 (see vicinity map). 2. Vicini Information Properties to the north of three of the parcels are in Washington County and zoned R-6; the fourth parcel is adjacent to the City's Castle Hill subdivision, zoned R-12, on the north. Properties to the east are in Washington County and zoned R-6. The City's Hillshire Woods subdivision, zoned R-7, is to the south and west. The properties to the north and east have single family residences. The subdivisions to the south and east are currently under construction. 1 . i . ~ • 3. Background Information The applicants wish to receive sewer service and request annexation to the City. No previous applications have been reviewed by the City relating to these properties. 4. Site Information and Proposal Descri t~ion The parcel north of Fern Street is relatively flat with some trees surrounding the single-family residence, which is close to Fern Street. The remainder of the lot is clear with some fruit trees. The Johnson, Hohnbaum and Wozniak properties south of Fern Street are heavily wooded with north/northwest slopes at approximately 20% to 30%. The Johnson and Hohnbaum owners have single- family residences on the southern portion of their properties. The Wozniak property, north of the Hohnbaums along Fern Street, has a single-family residence currently under construction. The applicants have requested that the 9.24-acre temtory be annexed to the city by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. 5. Agency Comments The Engineering Division, Tigard Police and Water departments and PGE 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 West CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2 ~ • 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Engineering Division, Police and Water Departments and PGE have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the community development code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-7 most closely conforms to the county designation of R-6 while implementing the city's comprehensive plan designation of Medium Density Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the affected property meets the definition of an established area and shall be so designated on the development standard areas map of the comprehensive plan. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 96-0003. 3 , . , ' ~~E~~. ~ ; W•. . ~ x~g J ~ ~ t1 .t~.. ,1.. ' z aw~ ~ ~ a , ~ ~ .~,:T:T. ~ ':x~ : ~ N ~ ~ a n n ~ O aa1 -,ry~' _ a~~ - tw7 u~ < •g,', , ~ ~ tt! y ~ o ~ a - J: '~(t~ r.•• j( • $ m j ~ • ~y~J • ~'•Y•• • ' ~••A . v~ .(~6~ . , . . " • ~~y~ J^~.~' . ' • ' ~ f ~'r ` ~ -•l• . •~J.lJ ~ ys •1 ~ •r ~ f'•~ ~ ;..y~.a=•' •'~Tr,` l ' .Z ~ : V• M~'T• ~ • , ~V ~ N " o G ,..~:ir:.' • ~ tA . , 2 ~ ~ . . ~ ► dS1S~.1~-•-~ -,1 ~ u- • `~y U O .,~,t•` xT ;7 Z _ 171NNO9 ~ o~ a~MQd :.~.~;',:•::.~;'VV _ NOt1V~1sIN * CITY OF TIGARD, OREGON ~ ORDINANCE NO. 96-cI AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND 'I DECLARING AN EFFECTIVE DATE (ZCA 96-0003). WHEREAS, the Tigard City Council held a public hearing on May 28, 1996, to consider a zoning designation for four parcels of land located along SW Fern Street east of Ascension Drive; and WHEREAS, on February 13, 1996, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Govemment 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 Medium 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 Land Use New Land Use 2S1 46C, lots 800, 1600, Wash. Co. R-6 Medium Density Residential 1700 and 2000 CuRent Zoning New Zoninq Wash. Co. R-6 Tigard R-7 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 u41147m0GSvote of all Council members present after being read by number and title I o, this day o Q , 996. •,t~ w atherine Wheatley, City Recorde APPROVED: By Tigard City Council this.~ day o 6. Jam coli, Mayor A roved a to f r . ' Attomey S • 2~f • ~o Date I i:Urp1nlraylZCA9643.ard.5H51964:30PM ORDINANCE No. 96-a~ Page 1 I 1 • • AGENDA ITEM # For Agenda of May 28. 1996 CITY OF TIGARD, OREGON , COUNCIL AGENDA ITEM SUMMARY , ISSUE/AGENDA TITLE Zone Chanae Annexation ZCA 96-0003 PREPARED BY: Ray Valone DEPT HEAD OK CITY ADMIN OK ' ISSUE BEFORE THE COUNCIL Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of four parcels consisting of 9.24 acres located at the westem end of SW Fern Street east of Ascension Drive? STAFF RECOMMENDATION ' Adopt the attached resolution and ordinance to forward the annexation request to the Boundary Commission and to assign comprehensive plan and zone designations to the property in conformance with the city comprehensive plan. INFORMATION SUMMARY The proposed annexation consists of territory comprised of four parcels of land, totaling 9.24 acres, which is contiguous to the City of Tigard. The applicants request annexation in order to receive sanitary sewer service and/or partition their property. Attached is a resolution initiating annexation and an ordinance to change the comprehensive plan and zone designations from Washington County R-6 to Tigard Medium Density Residential, R-7. OTHER ALTERNATIVES CONSIDERED Deny the request. FISCAL NOTES Since the territory is not within the city's active planning area, the applicants are responsible for the Boundary Commission application fee of $895. i:Urp1nUay\ZCA96-03.sum, 5/15/96 5:00 PM . • CITY OF TIGARD, OREGON • RESOLUTION NO. 96- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 96-0003). WHEREAS, the Tigard City Councii hefd a hearing on May 28, 1996, to consider the annexation of four parcels consisting of 9.24 acres located along SW Fem Street east of Ascension Drive; 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 Sheriffs 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 Govemment 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 Govemment Boundary Commission at once. PASSED: This day of 11996. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard ~ i Date I i:Vrp1nVay\ZCA96-03.res, 5/15/96 4:45 PM RESOLUTION NO. 96- I Page 1 STAFF REPORT . May 28, 1996 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD ~ TIGARD, OREGON 97223 A. FACTS 1. Generai lnformation CASE: Zone Change Annexation 96-0003 REQUEST: To annex four parceis of 9.24 acres of unincorporated Washington County land to the City of Tigard and to change the comprehensive plan and zone from Washington County R-6 to City of Tigard Medium Density Residential/R-7. APPLICANTS: Marvin Bowman Kari & Michael Hohnbaum 13875 SW 158th Terrace 14160 SW Fern Street Tigard, OR 97224 Tigard, OR 97223 Cherilyn & Eric Johnson Darlene & John Wozniak 14130 SW Fern Street 11550 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 OWNERS: Same LOCATION: The western end of SW Fern Street, east of Ascension Drive - WCTM 2S1 46C, lots 800, 1600, 1700 and 2000 (see vicinity map). 2. Vicini Information Properties to the north of three of the parcels are in Washington County and zoned R-6; the fourth parcel is adjacent to the City's Castle Hill subdivision, zoned R-12, on the north. Properties to the east are in Washington County and zoned R-6. The City's Hillshire Woods subdivision, zoned R-7, is to the south and west. The properties to the north and east have single family residences. The subdivisions to the south and east are currently under construction. 1 , • • 3. Bac ground Information The applicants wish to receive sewer service and request annexation to the City. No previous applications have been reviewed by the City relating to these properties. 4. Site Information and Proposal Descri tion ' The parcel north of Fern Street is relatively flat with some trees surrounding the single-family residence, which is close to Fern Street. The remainder of the lot is clear with some fruit trees. The Johnson, Hohnbaum and Wozniak properties south of Fern Street are heavily wooded with north/northwest slopes at ' approximately 20% to 30%. The Johnson and Hohnbaum owners have single- family residences on the southern portion of their properties. The Wozniak property, north of the Hohnbaums along Fern Street, has a single-family residence currently under construction. ' The applicants have requested that the 9.24-acre territory be annexed to the city by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. 5. Aaency Comments The Engineering Division, Tigard Police and Water departments and PGE 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 West CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2 ~ • • 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Engineering Division, Police and Water Departments and PGE have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the community development code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. c. The zoning designation of R-7 most closely conforms to the county designation of R-6 while implementing the city's comprehensive plan designation of Medium Density Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the affected property meets the definition of an established area and shall be so designated on the development standard areas map of the comprehensive plan. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 96-0003. 3 1 ' • K ~ ~~r--~; : • u ' f:.:. • ' • ~ ^ t9 N ~ 'il : ~ • ' ~ ~ 5 ~ xoei z~ U aCy ~~f. ;.L N~'Zn0~ O V .F,.'~'~• • ~ 2OZ~7 4 .~y ; ; . . : f c r w o & c9 " ; 1 C' p ~ 6 K ~ ~ - - - r O`~~ ~ - y,'' tU Z~ozo - . y~. ~ . . ~:x • ~ ~a~ 5 a V~• - "ZS• , • ';.q. ~ ' ~Y • . . ts . . . . . '•31''Arl H • ( ~ ~ I Z ~ ' ' .f _ - ~.~:-.1 • . t0 ~ " ' • . . . . ~ c • ~ a a ~ . a • ~ L - ~ ~ ~ ~U O 7 ~ • . m ~111i13NN~g _ - - • ~ ' ~ ' . . . • • ' ~ ~~M~d _ - ~ Notl.dtllslN~Wa _ CITY OF TIGARD, OREGON • ORDINANCE NO. 96- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 96-0003). WHEREAS, the Tigard City Council heid a public hearing on May 28, 1996, to consider a zoning designation for four parcels of land located along SW Fern Street east of Ascension Drive; and WHEREAS, on February 13, 1996, 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 Medium 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 Land Use New Land Use 2S1 46C, lots 800, 1600, Wash. Co. R-6 Medium Density Residential 1700 and 2000 Current Zoning New Zonina Wash. Co. R-6 Tigard R-7 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 , 1996. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of , 1996. James Nicoli, Mayor Approved as to form: City Attomey Date i:Urp1n\raylZCA96-03.ord, 5H 5/96 4:30PM ORDINANCE No. 96- Page 1 POWER ADMINISTRATiON BONNEVILLE , Z ~ . A 7 ~ N ~ N ~ O 0 ~ ~ ~ CiFA ~ . o~ ~L • . W -4 o > ~ }a:6L~': : : : . ~ o=zOZ •1.9'8'~ , = nZ~C :Q• ;A~ ~ ~ ~C~' O~~ a~. , -t ~rvp~ ~fl~ • O 9 Om-~'i2 G~ • ~ p c3=o> x• . c1 mc~~o . ~ ~zm70 z cm m , i ~ •'i. ~ ~ ; a . EPT. . LANNING . ARD r• rrv ni: TIG • • 1 ! CHERILYN & ERIC JOHNSON MARVIN BOWMAN 14130 SW FERN ST 13875 SW 158TH TERR ' TIGARD, OR 97224 ` TIGARD, OR 97223 KARI & MICHAEL HOHNBAUM , DARLENE & JOHN WOZNIAK 14160 SW FERN ST ~ 11550 SW 72ND AVE TIGARD, OR 97223 TIGARD, OR 97223 I ~ i ~ l I.I ~ ~ - FAX TRANSMITTAL - ~ PLACE UNDER CITY OF TIGARD LOG IP LEGAL NOTICE SECTION OF TIGARD TIMES DATE:May 10. 1996 TO: Mary White, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following will be considered by the Tigard City Council on May 28, 1996 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 matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC HEARINGS ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. . ~ . ~ s . . . . . . . . . . . t : ~ Z Z Q ~ J s ~ ~ Q H ~ O . . . . ~ ~ ~~ww wur vica+nr MaP Q ~..,~.m,.~... U Note: Map Is not to scab 1Otl^"~'"100~" TT PU BLISH_May 16.1996 . ' " OEQUEST FOR COMMENTS ' TO: Brian Rager, Engineering DA • April 19, 1996 FROM: Tigard Planning Division STAFF CONTAC - V o e Phone: (503) 639-4171 Fax: ( 0'3T6 4-7297 RE: : ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. 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:. April 29, 1996. 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) . 4 • 2Z- J(, . Name of Person Commentin9: Phone Number: )C?'k & ~ • a 1 ~ CR:JV!Dli . Z: o : . Z ~ x 3I? ~ 2 I, u• ~ N~ ~~w V M1a'Kt86 O Qa ~ LL ~ ~ o- 0 1-~WI F . ' . . d~ Z . . d•.:::•.'~•':: <3~~° ~ . ~Z • a~ o ~ y O ~ O C Q .N . . C y ` NOI1b21131NIWpt/ . •c~ 2l3MOd 3M1/13NN08 5 Z . ~ i ' p • 4EQUEST FOR COMMENTS I I TO: Brian Moore, PGE DATE: April 19. 1996 FROM: Tigard Planning Division STAFF CONTACT:13ay Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: : ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. 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: April 29, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bX 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:~~-~~ 4- 2Z. -q!o Phone Number: ~t4 -135~ ` fkEQUEST FOR COMMENTS TO: Kelley Jennings, PD DATE: April 19. 1996 FROM: Tigard Planning Division STAFF CONTACT: Ray Valone I Phone: (503) 639-4171 Fax: (503) 684-7297 RE: : ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. 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: April 29, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bx 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: P4 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: X WEQUEST FOR COMMENTS • TO: Michael Miller, Water Dept. DATE: April 19. 1996 FROM: Tigard Planning Division STAFF CONTACT: Rav Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: : ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. 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: April 29, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bx 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: I (Please provide the following information) Name of Person Commenting: 44I KC AtLL11 _ Phone Number: X ~5qS , PROPOSAL DESCRIPTION ~ CiTY OF TIGARD FILE NO: ZCA 96-0003 OREGON FILE TITLE: West Fern Street Annexation APPLICANTS: Michael & Kari Hohnbaum vl Eric & Cherilyn Johnson v' 14160 SW Fern Street 14130 SW Fern Street Tigard, OR 97223 Tigard, OR 97223 Marvin Bowman John & Darlene Wozniak 13875 SW 158th Terrace 11550 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 OWNERS: Same REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. CIT: West CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY _ STAFF DECISION _ PLANNING COMMISSION/ DATE OF HEARING: TIME: 7:30 _ HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: 5/28/96 TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP X LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN SITE PLAN OTHER STAFF CONTACT: Ray Valone (503) 639-4171 x336 CtTY OF TlGARD, OREGOH COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY CASE N0. 'zUk 16 -0003 OTHER CASE NO'S: RECEIPT N0. APPLICATION ACCEPTED BY: R-V DATE: 4 ) g I91, 1. GENERAL IAiFORMATION Application elements submitted: PROPERTY AJDRESS/LOCATION 14 3 o 5Li ✓(A) Application form (1) r1~',~,1v~ G2 ~'122,3 _Le:~'(B) Owner's signature/written TAX MAP AND TAX LOT N0. 2 5 g L- Lci ? v u o authorization (C) Applicant's statement SITE SIZE 2 a L} c2,- s (pre-app check list) /5ru.MA4. 'ROPERTY OWNER/DEED HOLDER*EgjC ~ CP eiZiLY~ J~b U~5'v- JD) Filing fee f~,~; 2,~3.su\ J %DDRESS (k1 3-0 ~~4,) 1~%- PHONE 5--10 ! 48 Additional information for Compre- ;ITY ZIP -'j?Z13 sive Plan Map Amendments/Zone Changes XPPLICANT* q L/(E) Maps indicating property ADDRESS PHONE location (pre-app check list) CITY ZIP (F) List of property owners and *I1hen the owner and the'applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record ✓(G) Assessor's Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) trom the owaer or an agent of the owner with written suthorization. The owner(s) must sign this aoplication in the space provided on page two or ubmit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: PRQPOSAL SUMMARY The owners of recor~f the subject property FINAL DECISION DEADLINE: request a C -t (if COMP. PLAN/ZONE DESIGNATION: applicable) from cJ*, lo. ,E~G to j?LAel) ptt-bJu.-c 1),& " and a Zone Change from (,Jn.L. ,2-G to f ),G T vc. iZ N . P . 0 . Number : OR The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Compz~#~nsive Plan or Community Development--Code ~ City Council Approval Date: 0737P Rev'd: 5/87 0 ~ 3. List any variance, conditional uses, or other land use actions to be considered ~ as part of this application: " (A' I 4. Applicants: To have a complete application you will need to submit attachments ~described in the attached information sheet at the [ime you submit this 'application. ~ 5. THE APPLICANT(S),SHALL CERTIFY THAT: ' A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants -so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements aze false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements Eor approving or denying the application.. . iN DATED this day of A 19-q ~ SIG:)ATURES of each owner (eg. husband and wife) of the subject property. ~ 31u~ (KSL:pm/0737P) AL~.~ CITY OF TIGARO.OREGON Zv ,/vc C,AA ^VGL-_ NNt-l~~( C1 ~lJ _niiAfTlN ApPLICATION RJ S ~ CITY OF TIGARD, 13125 SW Hall, PO Boa 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY CASE NO. 2G,A SG-0003 OTHER CASE NO'S:. RECEIPT N0. APPLICATION ACCEPTED BY: k-V DATE: 2 h (o 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION Y' ✓(A) Application form (1) (B) Owner's signature/written TAX MA AND TAR LOT N0. j' Lo/ authorization (C) Applicant's statement SITE SIZE , 13 (pre-app check list) C', ^„K. U PROPERTY OWNER/DEED HOLDER* ~D) Filing fee ($_r~,~.~~, ~ ADDRESS .13~ ~S s-a/ /,~-Z'vv?HONE q~ Additional information for Compre- CITY -77 ZIP sive Plan Map Amendments/Zone Changes APPLICAN * ~G~I/✓%'/V ~~~~o'°" S~~ ✓(E) Maps indicating property ADDRESS PHONE location (pre-app check list) CITY ZIP (F) List of property owners and *When the owner and the applicant are different ~ addresses within 250 feet (1) people, the applicant must be the purchaser of record (G) Assessor's Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUMMARY The owners of record rof the subject property FINAL DECISION DEADLINE: request a Plae=Amendment (if,~ ~ COMP. PLAN/ZONE DESIGNATION: applicable) from to e", / and a Zone Change from to 2 . N.P.O. Number: OR The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Comprehensive Plan or Community Development Code City Council Approval Date: 0737P 23P Rev'd: 5/87 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: (L 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at [he time you submit this application. 5. THE APPLICANT(S),SHALL C£RTIFY THAT: , A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. I • 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, I 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 rp day of 19 / SIGNATURES of each owner (eg. husband and wife) of the subject property. . x S. ~ (KSL:pm/0737P) CITY OF TIGARD, OREGON _:OMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION :.ITY OF TIGARD, 13125 SW Hall, PO Bog 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY CASE N0. Z(,A `1(-'00U3 OTHER CASE NO'S: RECEIPT N0. APPLICATION ACCEPTED BY: ,R-\O DATE: 3 )16 1 S(, 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION 1~G ~(A) Application f orm (1) aF sr dF ✓(B) Owner' s signature/written ::AX MAP AND TAX LOT N0. 25 l q 1S C. Lzi ! 7 (>0 authorization (C) Apolicant's statement SITE SIZE ~Gq ~c2e~ (pre-app check list) PROPERTY OWNER/DEED HOLDER*M;cUAeL £ Kpt,' I-bt(.U ga--t D) Filing fee ADDRESS IA-IGU Sw 52zu S-,. PHONE S7rj -)C,2`l Additional information for Compre- CITY ~?3AA,~, ZIP `1l'LZ3 sive Plan Map Amendments/Zone Changes APPLICANT* S A~ ~ Maps indicating property i ADDRESS PHONE location (pre-app check list) CITY ZIP (F) List of property owners and *TJhen the owne; and the applicant are different addresses within 250 feet (1) :eople, the applicant must be the purchaser of record Assessor's Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) f rom the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 41 2. P20POSAL S[JMMARY 2t,aE G"NGt ,fW,,Jc:KnTo- The owners of recordof the subject property FINAL DECISION DEADLINE: request a - (if COMP. PLAN/ZONE DESIGNATION: applicable) from Wp. 6). k- 6 to Ti 6n4., and a Zone Change from W.a. ('o. R--~ to rilGAn-6 I2-I N.P.O. Number: OR The applicant requests an amendm -t-t~o the Planning Commission Approval Date: following sections of t mprehensive Plan or Community De pment Code City Council Approval Date: 0737P 23P Rev'd: 5/87 , ~ 0 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: 01,' - 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 Ue. attached to or imposed upon the subject property. ' B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants • so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this ~ day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. ~ ~ ~ L/V (KSL:pm/0737P) I RECFVVV-U ~p fk 4 CI~ COM~U~ITI DEVELOPMEI~l a i\ OF TIGARD, OREGON . ;aL CoMPRFHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICA,TION CITY OF TIGARD, 13125 SW Hall, PO Bos 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY CASE N0. Z CA yG-0003 OTHER CASE NO'S: i RECEIPT N0. . APPLICATION ACCEPTED BY: ' DATE: 4 11h to 1. GENERAL INFORMATION Application elements submitted: P'.tOPERTY ADDRESS/LOCATIONSf-OEar a.-~ Ft/Z-) ✓(A) Application form (1) Si~`L.T C". AS i O.F Sc.J ,qSGC,JSr'oA) .62~'vE /_(B) Owner's signature/written TAX MAP AND TAR LOT N0. ZS 1.4 ,13C "-F J~-ao authorization (C) Applicant's statement SITE SIZE OmF¢ ~ac~ES (pre-app check list) 6,>~'°•'. PROPERTY OWNER/DEED HOLDER*Jotl+Q E L~Ae,cG,..r, -,~OZ^~iAQ te'l(D) Filing fee ADDRESS ) )S5V SL-.1 72~!' ^,.%F PHONE ' p- 96 Z Additional information for Compre- ~ CITY It-Y &Acr~ ZIP ~'j?2Z3 ~ sive Plan Map Ameadments/Zone Changes APPLICANT* C,- A,K.q: ✓(E) Maps indicating property ADDR.ESS PHONE location (pre-app check list) CITY ZIP (F) List of property owners and *jdhen the owner and the applicant are different addresses within 250 feet (1) peonle, the applicant must be the purchaser of record --v:::~G) rlssessor' s Kap (1) or a leasee in possession with written authorization (H) Title transfer iastrument (1) from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE ETER.~fINED TO BE COMPLETE: _ + td 2. PRO P 0 S P,,L S ~U'~MARY 7,.,,S GUAC.ctiC w! N~~LL1 l~t1N The owners of record of he subject propertq FINAL DECISION DEADLINE: request a~ m-ndM-n (if COMP. PLAN/ZONE DESIGNATION: a licable) from ~°S'~~ C° PP to j'ivnQD 14i:Diti~ OG-S I'1 and a Zone Change from WAsk(. C, 2.-6 to -TIVII A e--) X-1 N.P.O. Number: OR The appiicant requests an amendment to Planning Commission Approval Date: following sections of the ensive Plan or Community Dev ent Code City Council Approval Date: 0737P 23P Rev'd: 5/87 l ~ ~ . 3. List any variance, conditional uses or other land use actions to be considered as part of this application: 0 i IA ' 4. Applicants: To have a complete application you will need to submit attachments described in the attached inf ormation sheet at the time you submit this application. 5. THE APPLICANT(S),SHALL CERTIFY THAT: I 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 righ[s granted in accordance with the terms-and subject to all the conditions and limitations of the approval. C. Al1 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 etatements are false. D. The applicant has read the entire con[ents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. ~ DATED this J day of 19._ SIGNATURES of each owner (eg. husband and wife) of the subject property. / (KSL:pm/0737P) March 25, 1996 _ . , - - - ~ - - - = - CITY OF TIGARD Eric Johnson OREGON 14130 SW Fern Street Tigard, OR 97223 Dear Eric: Enclosed you will find the packet with instructions and forms for including your property in the proposed annexation of three properties along Fern Street. Please complete the following: 1. Sign and date the back of the yellow city form, including all owners of the property. 2. Fill out the back of Form 15 with names of owners/voters who live on the property. If the owners are also registered voters, check the box marked `OV'. , 3. Have the county Department of Assessment and Taxation fill out Forms 16, 17 and 4. Take a copy of your deed with the legal description of your property when you go there. You will receive an assessor's parcel map with property outlined in red. There is a charge for the county to complete the forms. After completing the forms, submit them to the city, to my attention, along with the legal description and map. Once I know the number of properties that will join the annexation, I will call you and tell you the amount of the Boundary Commission fee. If you have any questions about the forms, please call me at 639-4171. Sincerely, Ray Valone Associate Planner 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • ~ CITY OF TICARD OREGON March 11, 1996 John and Darlene Wozniak 11550 SW 72nd Avenue Tigard, OR 97223 Dear John and Darlene: I am writing to inquire whether you are interested in joining an annexation proposal initiated by two of your neighbors. The Hohnbaums and a neighbor across Fern Street have submitted the paperwork to initiate annexation to the city. I sent the necessary paperwork to apply for annexation in a letter to you on January 12. If you are interested in joining this action, please notify me by March 22. If you have any questions, please call. I'll be on vacation from March'18 to March 22. Sincerely, Ray Valone Associate Planner I 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 I ~ CtT1( OF TIGARD OREGON March 6, 1996 Eric and Cherilyn Johnson 14130 SW Fern Street Tigard, OR 97223 . Dear Eric and Cherilyn: I am writing to inquire whether you are interested in joining an annexation , proposal initiated by two of your neighbors. The Hohnbaums and Marv Bowman, a neighbor across Fern Street, have submitted the paperwor.k to initiate annexation to the city. There are other owners interested in joining as well, which could reduce the Boundary Commission fee cost to each applicant. If you are interested in joining this action, please notify me by March 22. If you have any questions, please call. I'll be on vacation from March' 18 to March 22. Sincerely, `~;`r~.~ Ray Valone Associate Planner 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • • ,M C11 Y ~IGARD OREGOtV March 6, 1996 Robert and Joann Ludlum 14065 SW Fern Street Tigard, OR 97223 Dear Robert and Joann: I am writing to inquire whether you are interested in joining an annexation proposal initiated by two of your neighbors. The Hohnbaums and Marv Bowman, a neighbor across Fern Street, have submitted the paperwork to initiate annexation to the city. There are other owners interested in joining as well, which could reduce the Boundary Commission fee cost to each applicant. I have enclosed a brochure about the city. If you are interested in joining this action, please notify me'by March 22. If you have any questions, please call. I'll be on vacation from March 18 to March 22. Sincerely, . Ray Valone Associate Planner 13125 SW Hall Blvd., Tigcrd, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ • •u: CIT1( OF TIGARD OREGON March 6, 1996 Michael and Kari Hohnbaum 14160 SW Fern Street Tigard, OR 97223 Dear Michael and Kari: I received the Boundary Commission application forms for annexation to the city. Thank you. You also need to date and sign a city form as well. I have enclosed it and need both of you to sign the back. If you have any questions, call me. Sincerely, Ray Valone Associate Planner 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON March 6, 1996 Eric and Cherilyn Johnson 14130 SW Fern 5treet Tigard, OR 97223 Dear Eric and Cherilyn: I am writing to inquire whether you are interested in joining an annexation proposal initiated by two of your neighbors. The Hohnbaums and Marv Bowman, a neighbor across Fern Street, have submitted the paperwork to initiate annexation to the city. There are other owners interested in joining as well, which could reduce the Boundary Commission fee cost to each applicant. If you are interested in joining this action, please notify me by March 22. If you have any questions, please call. I'll be on vacation from March'18 to March 22. cincerely, ?c--, ~~,I-e Ray Valone Associate Planner (~f;~,,~ /~(,y l~ / J v ~ 1..~ P~ ' ~ `f~-- - ! p-21'Dr4 y_ ANrvtX o~)C o / F'VA-A) S-9 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 oC;/ /a ~ CITY OF TIGARD OREGON January 12, 1996 John and Darlene Wozniak 11550 SW 72nd Avenue Tigard, OR 97223 Dear John and Darlene: Enclosed are the instructions and forms to initiate annexation of your property on Fern Street. I highlighted the sections you need to read for filling out the Boundary Commission forms. I have also included a fee schedule from the Commission. You will need to go to the county Office of Assessment and Taxation to have forms 4, 16 and 17 filled out. You should take a copy of your deed with the legal description on it. I filled out the yellow city form; you only need to date and sign it on the baclc. If you have any questions, please call me at 639-4171. Sincerely, . Ray Valone Associate Planner Enc!osures 13125 SW Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • ' IDUBLIC HEARING • EXKIBIT A NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, May 28, 1996, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: ZONE CHANGE ANNEXATION (ZCA) 96-0003 WEST FERN STREET ANNEXATION REQUEST: The owners request annexation to the city of their properties, which total 9.24 acres, and a change of the comprehensive plan and zoning from Washington County R-6 to City of Tigard Medium Density Residential/R-7. LOCATION: The western end of SW Fern Street, immediately east of Ascension Drive. 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-6. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNIT.Y DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION 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 May 8, 1996, 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 ORTANT THAT COMNi~I~ ~ ~ I AT THE HEARING IT ~S w CRITERIA LISTED. ITE NLY ~ IFICA~LY TO THE APPUC R TO THE CLOSE OF lA AND TNESE ES~, PE~IN SPEC P41NT PRIO gUFFICIENT IT~CR Y LE~ER AT SoME VIDENCE TNE :LATING TO THE REQU pFt10R TO VIDE STA ~ND TO OH 1SSUE gOARD 0F E p,N ISSUE IN PERSON ~R go PROTO RESP To THE Lp,ND USE 1S QUEST OFt FA1LURE TUNITY AppEAL ~lLH~RING ON THE R E OPPOR LUDES ME HE E REQUEST, PREC AN Rp T pEGIS10NN THER AN pAGE, ~R II 'O A~F~ EARING ~ p F1LE ARE AvAIR FOR ~LOSE OF THE H~N THAT ISSVE~ THE ABOVE-N4~'E Y -FIVE CENTS PE DA*YS APPEALS BASED LE CRITERIA I N A1NE~ FOR ~E QVEST. AT LEASTSPEGT ON AT TS AND APPLICAg BE 4BT OF THE RE ppCUMEN ~ST OR COPIES CPIES AT THE TiMET WILL BE S AVA~ PE►-R ApAGE ~R THE CURRENT A~'L N~ C GED FOR COR ' INSPECTION AT TE CHAR OF THE STAFF REPOFIVE CENT THE CURR NC, A G4P ~qRIY THE~ cp,N BE ~BYAINE E pFT THEWEN~ REQUEST ' AT ~503) 639-4171, 4'RIOR U COPY a V o Np COST, p F~R COPIES AT THE T IM P~NNER, ~TE CHAR E CONTACT THE ST~ OREGON' T10N PL~S gOULEVARD, TIGARD~ 1NFO FOR FURTHE R3 25 SW NALL TIGARD C~TY NA~~, 1 . ~ ~ Q Z: 0 ~ z ~ ~Z ~ Z to Z o~. ~ a ~ ~ r ~ 0 '.~'s'' 8oca''R* ~ ~ ~ quu°e~~oe~'Tpc'^'~°" TM►pnnc VjCU'itY Ma is not to scaUD N Note: MaP ~ • • ExxrBzT ~ 2S,048B-0,000 . 2S,04BC4)0600 . BOESEN, JOHN EDWARD 8 MARTHA K BOHAN, THOMAS D I 14301 SW WINDSONG CT 14115 SW FERN TIGARD,OR 97223 TIGARD,OR 97223 2S1046C-00800 2S104B6-01600 BOWMAN, MARVIN S BRIDGMAN, HAROLD 8 JOAN • 13875 SW 158TH TER 14359 SW WINDSONG CT TIGARD.OR 87224 TIGARD,OR 97223 2S1046C-00200 2S704BG01300 BRIDGWATER, DAVID R AND BRIGHT, WILLIAM ALBERT AND LORENE S KAREN L 13995 SW FERN ST 14444 SW FERN ST TIGARD,OR 97223 TIGARD.OR 97223-1571 2S104BG02200 2S10468-02400 CALDWELL, KIMBERLY D CHO, JOSEPH AND SOOK 14040 SW FERN 14174 SW WINDSONG DR TiGARD,OR 97224 TiGARD,OR 97223 2S7046C-00700 2S10466-00900 CHO, MOON S/SANG Y CHRISTENSEN, LARRY L& CINDY M BY DEPT OF VETERAN'S 14293 SW WINDSONG CT AFFAIRS - TAX SECTION , TIGARD.OR 97223 14125 SW FERN ST 2S10468-02500 2S1046G01900 COLLINS, LANNY L & BARBARA G COOPER, RONALD W 14158 SW NORTHVIEW DR ELAINE E TIGARD,OR 97223 14120 SW FERN ST TIGARD,OR 97223 2S1046B-00200 2S104B6-01900 CRIST, MARGERY F/JOHN R TRUSTE CROWLEY, PATRICK J 8 AMY JO 15950 SW DEERCREST LN 14294 SW WINDSONG CT BEAVERTON,OR 97007 TIGARD,OR 97223 2S10466-02100 2S10466400400 DUTHIE, JILL K HARRINGTON, CLAYTON L 14232 SW WINDSONG CT 14182 SW NORTHVIEW DR TIGARD,OR 97223 TIGARD,OR 97223 2S104CB-04700 2S104BG01700 HILLSHIRE WOODS, THE OWNERS OF HOHNBAUM, MICHAEL LEE & KARI R LOTS 68-71 14160 SW FERN ST PO BOX 1754 TIGARD.OR 97223 • IAKE OSWEGO,OR 97035 2S1046C.-01100 2S1046B-01500 JEFFERY, HARRY E 8 JUDITH A JOHNSON, DAVID 8 CHERYL 13975,A SW PACIFIC HWY , 14341 SW WINDSONG CT TIGARD,OR 97223 TIGARD,OR 97224 , . • • . 2S1046C-02000 2S1046C-02100 JOHNSON, ERIC L 8 CHERILYN K JUNGWIRTH, R/WDY P • 14130 SW FERN ST ' 1450 SE POWELL BLVD TIGARD,OR 97223 PORTLAND,OR 97202 2S10466-00800 2S704BG-02300 KIM, JACOB CHANG & MIJA . LANDRY, RICHARD ALBERT AND 14269 SW WINDSONG CT ELEANOR RAPAIDO TIGARD,OR 97223 14000 SW FERN ST TIGARD,OR 97223 2S1046B-02300 2S104BC-0O500 LOCH, JOHN H LUDLUM, ROBERT S 14996 SW WINDSONG CT 14065 SW FERN ST TIGARD,OR 97224 TIGARD,OR 97223 2S104BC-01500 2S1046C-00400 LUDLUM, ROBER7 S LUDLUM, R08ERT S LUOLUM, JO1WN JOANN F 14065 SVV FERN ST 14065 SVV FERN ST TIGARD,OR 97223 • TIGARD,OR 97223 e, 2S1046G01800 2S104B6-01700 MANOR, JON C MILLER EUZABETN G 14150 SVV FERN ST 14328 SVV WINDSONG CT TIGARD,OR 97223 TIGARD,OR 97223 n ~ 2S904BB-02200 2S104B6-02600 MINOR, CRAIG NEWTON PENDERGAST, WILLIAM G III AND 14210 SW WINDSONG CT LISA K TIGARD,OR 97223 14134 SVV NORTHIAEW DR TlGARD,OR 97223 3 2S104B8-02000 2S1048G01200 K PERKINS, PAUL H& SUSAN M RIEKER, DAVID TRUSTEE 14268 SVV WINDSONG CT 14504 SVV FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S1048C-02900 2S1046C-03000 ' SIERRA PACIFlC DEVELOPMENT INC SIERRA PACIFIC DEVEL'OPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S1046G03100 2S1048G03200 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVEEOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 > 2S104BG03300 2S104C8-02300 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC OEVELOPMENT INC PO BOX 1754 PO 80X 1754 IAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 . ' • • 2S1046G05400 2S1046C-03400 ' SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC OEVELOPMENT iNC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S1048G05600 2S104BG02700 SlERRA PACIFIC DEVELOPMENT INC - SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 y LAKE OSWIEGO,OR 97035 LAKE OSWEGO,OR 97035 2S104C6-01500 2S104CB-01600 ~ StERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 7754 • LAKE OSINEGO,OR 97035 LAKE OSWEGO,OR 97035 2S104CB-01700 2S1046C-05300 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 • LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 ~ 2S104C6-02200 ' 2S1048C-05500 . SIERRA PACIFIC DEVELOPMEM' INC SIERRA PACIFIC DEVELOPMENT iNC PO BOX 1754 PO BOX 1754 ' LAKE OSWEGO,OR 97035 IAKE OSINEGO,OR 97035 T ~ { k~ 2$104CB-02400 2S104CB-02500 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC ~ PO BOX 1754 PO BOX 1754 IAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S104C6-02600 2S104C6-02700 . SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC ~ PO BOX 1754 PO BOX 1754 ~ IAKE OSINEGO,OR 97035 LAKE OSWEGO,OR 97035 M / 2S104CoV2800 2S104CV-02900 ~ StERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC ~ PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S104C6-03000 2S104C6-03100 > SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO 80X 1754 LAKE OSWEGO,OR 97035 IAKE OSWEGO,OR 97035 2S104CB-03200 2S104CB-02100 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSINEGO,OR 97035 , . • ~ a 2S104BC4)4400 ' . 2S1046G03800 ' - SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVEIOPMENT INC , PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S1046C-03900 2S1046C-04000 ' SIERRA PACIFIC DEYELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S1046G03600 2S104BG05200 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OS'1NEGO,OR 97035 LAKE OSINEGO,OR 97035 2S1046G03700 2S10413C-04300 SIERRA PACIFIC DEVELOPMENT INC SlERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S1046G04100 + 2S1046G04500 • SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVEIOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 ~ LAKE OSINEGO,OR 97035 .2S7046G04600 2S1046C-04700 SIERRA PACIFIC DEVELOPAAENT INC SIERRA PACIFIC OE1/ELOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 ~e . . 2S1048C-03500 2S1046C-04800 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC PO BOX 1754 PO BOX 1754 t' LAKE OSWEGO,OR 97035 IAKE OSWEGO,OR 97035 2S104BC-04900 2S1046C-05000 ` SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEVELOPMENT INC - PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSINEGO,OR 97035 ~ ' 2S104BC-05100 2S104BC-04200 SIERRA PACIFIC DEVELOPMENT INC SIERRA PACIFIC DEYELOPMENT INC PO BOX 1754 PO BOX 1754 LAKE OSWEGO,OR 97035 LAKE OSWEGO,OR 97035 2S104BB-00600 2S104CA-12400 SONG, NING AND TIGARD, CITY OF DENG, YI UN 13125 SW HALL 14215 SW WINDSONG CT PO BOX 23397 TiGARD,OR 97223 TIGARD,OR 97223 • ~ ~ ~ 2S10486-01800 • 2S104BB-00500 TLJTHILL, WAL7ER C& AGNES H UPADNYAY, SATISii 8 SAROJ 14306 SW WINDSONG 14170 SW NORTHVIEIV DR TIGARO,OR 97223 TIGARD,OR 97224 2S104BB-02700 2S104B6-00700 ' VAN DYKE, W SCOTT AND IRMGARD _ VANPERRE, I J JR 14116 SW NORTHVIEW DR 14237 SW WINDSONG CT TIGARD,OR 97223 TIGARD,OR 97223 2S1046G02400 2S1046G01600 WALSH, EIIEEN A WOZNIAK, JOHN G AND DARLENE M 13998 SW FERN ST 11550 SW 72ND AVE TIGARD,OR 97223 TIGARD,OR 97223 . . • • i IC1TY OF TIGARD AFFIDAVIT OF MAILING 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 Senior Administrative Specialist 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~erson(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the ~ J- day of 1996; said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropri te bulletin board on the n/a day of n/a and deposited in the United States Mail on the v?~L day of 1996, postage prepaid. A..c Pre ared Notice , Subscribed and sworn/affirmed before me on the T day of , 1916 u-r OFFICIAL SEAL NO ARY PUBLIC F REG N DIANE M JELDERKS NOTARY PUBLIC•OREGON MY Commission E~ ' es: 7 y / COMMISSION N0, 046142 MY CQMMISSION EXPIRES SCWTEMgER 07, 1999 . • . 3fl jL ~ j~ 4. r.~ 600 , . Aa "o'oP ,.$3 AC- ~ + . • na0e 3 AC ~ 4( .3t `Q ~;t . ~ ~ • ~ .a-, . . ~ . I-l (C-S 8 • l ✓ . . . 4d ' ~ ' . „ • . ~~d . ' t~e.~ VA 190 .46 t ~ • . ,,,i , . • w; . ~ . . . ~ , ~ . . ~ . • ~ ~ ' ~ ' . , , : ~i~~, ~ ~ . , , ' ~ . . . p ,.s4 ~ ,800 . . - ~ , p •rt ~ . %gpp 1. 00 AC' 40' ~ . . ,22 . 1404 ~ ~ . - ~ 2: ~ E.60 A'~' . 4 9 AG : . . ~ . , . 2 . o00 ~ ~ . ~ ~l . Z ~ . ' . -..y. , ~w.+~'- , •tl.~~ ' .~.r . Z G BONNEVILLE ~ n . . POWER ADMINISTRATION cD . . . . . . . : : ' . . . . . . . . . . . : . . . . . ~ ''C . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . ~ . . ~ . . . . . . . . . . . . . . . . . . ~ ' ' . . . . . ' . . . ~ . . . . . . . . . . . . . . . . . . . . . . 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' i . ~ 1_ . . , rCl@ Ofl@} • CIT A : W S E C m Placed for review in CR Book' m . . . •:':t+::•..::~ ~ . ~ . • ~ : ~ . . N1YS<:';~::'~>::`:?`?~':::;:>:<:~>:«::<':s~: ':s: <;:::>::::>i ?;;i:: . ~>:::::,:.:>::.::::.::::~:>::~>:~:~:::•>:•:::•::.c::~>::~;:~>::t•>::•::~:::::.::•: :•::i:>::.:..rl,!~.+~~. ' _ BIDG. DEPL/David Scott, s,.ft aeckr POUCE DEPT./Kelley Jennings, w,m n.m'n-.n onm _ OPERA110N5/John Acker, ro... ~ CrtY ADMIN./Cathy Wheatley, L-ENG. DEPL/Brian Rager, a..~..~rfo... _ COM.DEV. DEPT./D.S.T.'S ADV. PWG./Nad1ne SmitFL rd.rp WATER DEPL/Michael Ivdller ma.eo. . .y . ~ . ~ ~ RRE MARSHALL ~ UNIHED SEWERAGE AGENCY _ TUALAi1N VALLEY WATER DIST. Gene Birche0 SWM Program/Lee Walker PO Box 745 Wc. Counfy Fre Dishicf 155 N. Frsf Street Beaverton, OR 97075 (Plck-up box Hllsboro, OR 97124 :.:.:D . : . . . . . . . . . . . . . . . . . . . . . . . . . : : : : : : : . ~ : : : : : : : . ~::i'4 i::ij•,i:}::;{n;~:;:;i:i: :'i;~ :i~~{ ~ : . . ~ . . . : : : . . . . . : : . . . . . . . : . . . 51 . WA CO..DEPf. OF LAND USE i TRANSP. ~CMETRO AREA BOUNDARY COMNUSSION MEiRO-GREENSPACES 150 N. Fsst Avenue 800 NE Oregon St. #16, Suffe 540 Mel Huie (CPA'sROA's) HMsboro. OR 97124 Partland, OR 97232-2109 ~ 600 NE Grand Avenue Pafland, OR 97232-2736 _ Brent Gxfis (CPA's) • STATE HIGHWAY DIVISION • J'un Tice (IGA'S) Sam Hunaidi ODOT/REGION 1 ~ _ Mke Bomeson (EnSinecr) PO Box 25412 , lauie Nidwlson/rrans. Planning _ Scott Gng (CPA's) . Porfland. OR 97225-0412 123 N.W. Handers Tom Harty (Current Planning i4pp's) • ~ Portlond, OR 972094037 _ lynn BaDey (Cwrenf Planning App's) . OREGON DLCD (CPA's/ZOA's) '1175 Court Street, N.E. _ ODOT/REC,ION 1, DISTRICT 2-A _ GiY Of BEAVERTON Salem. OR 97310-0590 Bob Schmidt/Engineering Coord. Larty Conrad, Senior Planner 2131 SW Schoils/PO Box 25412 PO Box 4755 Cl* OF PORRAND Portbnd. OR 97225 ~ Beaverton. OR 97076 Planning Oirector 1120 SW Sth CfiY OF LAKE OSWEGO CRY OF BEAVERTON Portland, OR 97204 City Manoger MiCe MatteuccL Neighbofiood Coordatatar . PO Box 369 PO Box 4755 CRY OF DURHAM ~ lake Oswego. OR 97034 Beaverton, OR 97076 City Manager ' • PO Bou 23483 _ CfiY OF qNG CtTY _ GiY OF iUALAIIN . TigarrJ, OR 97281,3483 City Manager ' PO Box 369 . 15300 SW 116fh TualoNn, OR 97062 OiHER IGn C' , OR 97224 : . . . . : . w~et . ::.;.::•x~r::•:::.:>::>::.:r:•;:~>:.:•>:;•::;•>::,;.::.::::::,•::•: :c>::•:;•::•i:•::.;:?.;.:;:;;.o-;:.•;.;;~:.; • ,.i.; . . . . .:»:r::>:;:~:::;•::~. ~ ~ , ~ .......:::~.ri~►~~~K~r1~'io..::::::::: ~:::::::::::>.:.t•::.::::::: i:i•:: GENERAL TELEPNONE ELECTRiC CPORMND GENERAL ELECiRIC _ COLUAIIBW CABLE CO. Haine Self. En9ineerin9 &ian Moore Cmig Eyesbne PO Box 23416 14655'SW Old Scholls Ferry Rd. 14200 SW &igadoon Court Tigard, OR 97281 -~416 Beaverton, OR 97007 Beaverton, OR 97005 _ NW NATURAL GAS CO. n~pogma«r _ METRO AREA COMMUNICATIONS iRl-MET TRANSIT DEVELOPMENT Sooft Padroer ko am4m4,m Jason Hewitt ' K(m Knox Profect Planner 220 NW Second Avenue Twin Oaks TechnoloBY Center 710 NE Holladay Street Parflcnd, OR 97209.3991 ' 1815 NW 169th Ptace 5-602D Portland. OR 97232 ' Becverton, OR 970064886 ~ Tq CABLEVISION OF OREGON US WEST COMMUNICATIONS _ SOUiHERN PACIHC TRANS. CO. lkicJa Peterson Pete Nehon Duane M. fbmey. PlS-Project Eng. 3500 SW BOrK1 Streei 421 SW Oak Sireet 800 NW 6th Ave., Room 324 Podland, OR 97201 , Porfland, OR 97204 Union Station Portland. OR 97209 s:>:> : «:::::»:<z:s>:>::>::>::>:>.<:::>::<::»:>:<::::» <:::•:::~•z<::::::::;. :,::.:>:;z>:: . r .t.....::::.....,..... :................:........,.:..:..~p f~ft . . . . . .:~;:.~::;:::::;:::i;~~~~Ti~~i:R~g.``'''~:;`;~::: • . . •::t,•: : , ~:::~.~::::::;<.>::>:a::;;~:>::r>:.;~:: :.:::.::o-:o-:o-o-:r:~r::~:»:::~::•r:•::•;:•:::~;~:>o-:;>:•>:a•x.:.;;.;.:::::.:::::::;,~:::::~:.;~.::..,;+., w:.::::: AERONAUiICS OMSION (ODOn . DMSION OF STATE LANDS _ US POSTAL SERVICE COMM9tCE DEPT: NLH. PARK,. fISH i NIILDUFE Randy Hammock. Growfh Cord. ~ _ PUC _ DOGAMI Cedar M81 Station _ DEPT. OF ENVIRONMENTAI GIUALRY Partland, OR 97229-9998 ~ . A1HER ~ " ~ y ~ • • ' ~ U.S. ARMY CORPS. OF ENGINEERS