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ZCA1997-00001 1 March 10, 1999 CITY OF TIGARD Oregon Department of Revenue OREGON Cartography Department 955 Center Street Salem, OR 97310 RE: Formal submittal of the Ordinance and related Exhibits officially withdrawing properties annexed into the City of Tigard from the Tigard Water District. To Whom It May Concern: This letter serves as formal notice that certain properties annexed into the City of Tigard have now been officially withdrawn from the Tigard Water District. Enclosed is a copy of the signed Ordinance passed by the Tigard City Council on 2/23/99 withdrawing those properties from the Tigard Water District. The Department of Revenue previously had the opportunity to review the "draft" ordinance and the necessary changes were made at that time to the exhibits prior to adoption by the City Council. n Thank you for your time on this matter. If you have any questio s 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 0 ORDINANCE NO. 99- 05 tk AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT. WfEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and WIMREAS, since that time, the City has annexed certain properties that were within the Tigard Water Dish-ict; and WHEREAS, properly within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from that Water District to insure the proper entity receives the taxes; and WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for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 Dish-ict has no debt for the City to assume, therefore, no oprion regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of those annexed properties from the Tigard Water District on February 23, 1999; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District is in the best interest of the City f''igard; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by ordinance. NOW, THEREFORE, THE CIT'Y OF TIGARD ORDAINS AS FOLLOWS: SECTTON 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 Cih' 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. . ~ SEC'TION 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. SECI'ION 4: This ordinance shall be effective 30 days after its enactment by the Council. PASSED: By u`n(trItmv~ 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 thiday of 99. ta , s Nicoli, Mayor Approved as to form: i Attorney 2-2~-~5 Date ORDMANCE No. 99-_ Tigard Watcr District Withdrawls from 3/23/93 to 12/31/98 Page 1 of 1 i:\citywide\ord\wdwithdr.ord.doc Julia H. I l-Feb.-99 0 ~CITY OF TIGARD WATER DISTRICT WITHDRAWAL Boundary Commission ' Final Order No. 3 $ /3 . EXHIBIT 21 ZCANo. 97_ac,o/ _ LEGAL DESCRIPTION OF THE AREA A tract of land located in the Southeast one-quarter of the Northwest one-quarter of Section 3, Township 2 South, Range 1 Wesi, wllamette Meridian, Washington County; Oregon, described as foilows: . Beginning at the initial poini of the plat CARMEN PARK; thence S 00046' W a distance of . 492.34 feet to the north right-of-way of SW Fonner StreeL• thence N 89057' E a distance of 401 feet to the west right-of-way of County Road 495; thence N 00046' E a distance ' • of 100 feet; - thence Westedy a distance of 205 feet; thence. N 00°46' E a distance of 194 feet; thence Easterly 205 feet to the west right-of-way of County Rd. 495; thence N 00046 E, 168.80 feet, more or less; thence N 87046' E a distance of 20.00 feet; thence N 00046' E a distance of 34.54 feet; ttience S 89°57' W a distance of 421 feet to a point on the east line of Lot 8, CARMEN PARK; thence S 00046' W a distance of 17.34 feet, more or less, to the Point ot Beginning. ALSO INCLUDING THE FOLLOWING DESCRIBEO TRACT: Beginning at the initial point of the plat CARMEN PARK; thence S 00046' W a distance of 492.34 feet to the north right-of-wayof SW Fonner Street and the True Point of . Beginning; thence S 00046' W a distance of 40.00 feet to the southerly right-of-way of SW Fonner Street; thence N 89057' E, along said south right-of-way, a distance of 441.00 feet to the east right-of-way of County Rd 495; thence N 00046' E along said east right-of-way a distance of 504.33 feet to the north right-of-way of County Rd 495; thence S 87046' W along said north line, a distance of 40.05 feet to the west line of said County Rd.; thence S 00046' W along said west right-of-way, a distance of 462.80 feet • to the north right-of-way of SW Fonner StreeC ihence S 89°46' W. along said north line, a distance of 401 feet to the True Point of Beginning. VICINITY MAP OF THE AREA ; 'L 'G ~ I- ~ ~ r TIGARD lu ~ _ •s . - v r 1 W ~ , 23 -7 . . L 23-78': ' ~ . ' .w+ ~ • i~---~ ' 1~ a ~ ~a .F ~a 1; ~sa ~~'k,'tmo 1 CA -Z-~5 ry ~ CaRMEN STR~T y~ ^ 1 • .Y. ~ CA ~ppp • Zpp I 1~00 1 tq~ ~ lb0•••~ tfW l~0] 1b0 • 1 A+ R ~ K r :ti. ~ _ . , . E~ .t i ~ ~ ; % • a•m ~s~ ' ww.. .....rw.L` .~o~ ~wy~",,. AREA TO 8E . ANNEXED ~ . . ~'S i: P i a l i,f00 1~ao TOO• • 3.a0 ' ~ I ~X ~ ~ Y - r..a* . . + au~ . „ n: • ~ . ~ _ j ~ •i ~ ~ • . . _ y _ . _ . _ « ~ . j • - - - ~ . . . . 5 W . . ` ~ . - - :+f- . , r September 3, 1997 , . ~ Ms. Pam Danzer CITY OF TIGARD ' Westlake Consultants, Inc. Pacific Corporate Center OREGON 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 Dear Ms. Danzer: This letter is a follow up to your copy of the August 6th, 1997 meeting minutes, received by the City of Tigard on August 27, 1997. I have a few clarifications to the minutes as follows: 1. The City does not recommend a cash mitigation. The tree removal provisions allow ' such a payment as one, of three mitigation measures. 2. The City's code appears to have no room for compromise. The tree removal ~ provisions and mitigation requirements are in response to the applicant's proposal, with the degree of mitigation dependent upon the trees removed in response to the proposed plan. There is no room for compromise in the sense that mitigation levels are standards that need to be met. 3. Staff does not support a reduction of mitigation for trees within the right-of-way because the standards do not allow a reduction or exception for such trees. 4. My statement that "this site was not that special" seems to be taken out of context. The statement was made in the discussion of variance standards that requires the applicant demonstrate that there are special circumstances and that the variance is not self-imposed. Tree mitigation expenses are not listed approval criteria for variances. If you have any questions conceming this information, please feel free to contact me at (503) 639-4171. Sincerely, "J4,o ~Omd-AiA William D'Andrea Associate Planner, AICP c: Richard Bewersdorff, Planning Manager ZCA 97-0001-Fonner Annexation land use file 1997 Planning correspondence file jAcurpi~\vAindanzer.itt 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • • REC'D AUG 2 7 1997 WESTLAKE CONSULTANTS TRANSMITTAL ENGINEERING ♦ SURVEYING ♦ PLANNING Phone: 503 684-0652 Fax: 503 624-0157 Date: August 26, 1997 Project No.: 619-1 IC To: Will D'Andrea- Project Name: FONNER CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 From: Pam Danzer Re: Fonner St. Property Tree Mitigation No. of Copies Dated Description 3 August 15, 1997 Meeting Minutes I Comments: Will - per our earlier conversation, I have enclosed a copy of the Minutes of the meeting held on August 6, 1997 for you to review. Please forward a(etter to Dave Amato, on City letterhead, stating the City's position. Thank you Pam Fax ❑ No. of Pages (including cover) Fax No. Mail ■ Messenger ❑ Overnight O Hand Delivery ❑ Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224 • • WESTLAKE CONSULTANTS iNC. ~ MEMORANDUM ENGINEERING ♦ SURVEYING ♦ PLANNING Phone: 503 684-0652 DATE: August 15, 1997 TO: Dave Amato, Mike Woodley FROM: Pam Danzer RE: Fonner, 619-11 Meeting Minutes for August 6, 1997 CC: Pam Vann, City of Tigard-Will D'Andrea Attendees: Pam Vann, Pam Danzer - Westlake Consultants Dave Amato - DAAL Homes Jim Hendricks, Richard BewersdorfF, Will D'Andrea - City of Tigard The reason for this meeting was to discuss the issue of tree mitigation required as part of development of TL 4400. Due to the number of trees on the site and the recommendation of "cleaz cutting" by a certified azborist, the question of the extent of mitigation required has surfaced. The City's goal is to plant 2000 trees by the year 2000. Currently they have no inventory of land where additional trees can be planted as part of the required mitigation. The City recommends a cash mitigation payment. The current condition of the site, the type of proposed development and the number of trees that would need to be mitigated, preclude mitigation of the removed trees on the site. The City verified that the developer is required to mitigate all trees on the site including those within the ROW connection required by Metro and the City. No reduction in the mitigation of trees within the city required ROW was supported by staff. The money gained by selling the trees harvested from the site may cover the costs of logging the site, this needs to be verified by the arborist and logging contractor. Pam Vann tried to find some balance between the City's requirements for mitigation and the developer's right to a reasonable cost to develop. The City's Code for tree mitigation has no room for compromise. Memoran dum • • August 15, 1997 Page 2 of 2 A hardship variance was brought up to address the expense of development of this site due to the number of trees. Will D'Andrea stated that this site was not that special within the City of Tigard and he, as a city planner ' could not support a hardship variance based solely on the expenses of tree mitigation. To help in decreasing the impact of crossing the wetlands, the City would support a twenty-eight foot pavement crossing the natural resource azea. The City stated that a tree inventory is needed to completely evaluate the impacts of the proposed development and the required value of mitigation that may result. Cluster housing was discussed as a possible way to reduce mitigation costs. Westlake submits these minutes to the City of Tigard for their review. If any item was described incorrectly or incompletely or is in need of clarification, please contact Pam Danzer. PD/lad h: ladmin16191 /Imeetingslmm81597.doc I • • . REC'D AU G 2 7 1997 WESTLAKE CONSULTANTS a4C. MEMORANDUM ENCi1jJECIZING s SURVE'YINU ♦ rLANVING Phone: 503 584-0652 DATE: August 15, 1997 TO: Dave Amato, Mike Woodley FROM: Pam Danzer RE: Fonner, 619-11 Meeting Minutes for August 6, 1997 CC: Pam Vann, City of Tigard-Will D'Andrea Attendees: Pam Vann, Pam Danzer - Westlake Consultants Dave Amato - DAAL Homes Jim Hendricks, Richard Bewersdorff, Will D'Andrea - City of Tigard The reason for this meetina was to discuss the issue of tree mitigation required as part of development of TL 4400. Due to the number of trees on the site and the recommendation of "cleaz cutting" by a certified arborist, the question of the extent of mitigation required has surfaced. Ta,,;L~ ~ The City's goal is to plant 2000 trees by the yeaz 2000. Currently they have no inventory of land where A additional trees can be planted as part of the required mitigation. The City ecommends cash mitigation payment. The current condition of the site, the type of proposed development and the number of trees that would need to be mitigated, preclude mitigation of the removed trees on the site. The City verified that the developer is required.io mitigate all trees on the site including those within the ROW connection required by Metro and the City~No reduction in the mitigation of trees within the city reqiiired---- ~ RO W was supported by staff. - - - - _ ; - - - . _ The money gained by selling the trees harvested from the site may cover the costs of logging the site, this needs to be verified by the azborist and logging contractor. Pam Vann tried to find some balance between the City's requirements for mitigation and_the. deyeloper's right to a reasonable cost to develop. The City's Code for tree mitigation has-no room for compromis-e) . _ Memorandum r"a'2D August 15, 1997 Page 2 of 2 ~ri ' ~ / hv A hazdship variance was brought up to address the expenseiof development of this site due to the number of trees. Will D'Andrea stated that this site was5nt that speciawithin the City of Tigard and he, as a city planner . could not suPPort a hardshiP variance based solelY on the exPenses of tree mitigation. } To help in decreasing the impact of crossing the wetlands, the City would support a twenty-eight foot ~ pavement crossing the natural resource area. The City stated that a tree inventory is needed to completely evaluate the impacts of the proposed development and the required value of mitigation that may result. Cluster housing was discussed as a possible way to reduce mitigation costs. Westlake submits these minutes to the City of Tigard for their review. If any item was described incorrectly or incompletely or is in need of clazification, please contact Pam Danzer. PD/lad h: ladminl6191 / Imeetingslmm81597.doc i ~ . • • COMMUNITY NEWSPAPERS, INC. Le98l P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8 9 O 1 I BEAVERTON, OREGON 97075 Legal Notice Advertising R ECE i V E D • City of Tiqard • ❑ Tearsneet Notice AUG 18 1997 13125 SV7 I3a11 Blvd. • TiQard,Oregon 97223 • ❑ Duplicate Affidavit CITY OF TIGARD •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHINGTON, ) ' 1, Kathy-Snyder . being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tiqard-Tualatin Times ' • e newspaper of general circulation as defined in ORS 193.010 • and 193.020; published at~ a rr~ in the aforesaid county and state; that the Z[_A 97-0001 Fnnnr-r Str a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for nrTF successive and • consecutive in the following issues: August 14,1997 AaS?h OFFICIAL SEAL JACQUEUNE ARELLqNp NOTARY PUBLIC-0REGON ~ COMMISSION N0. 301011 67Y COIAMISSION EXPIRES JUNE 9, 2001 r Subscribed end 4swor4bbe~ffe me this u s t, 19 9 7 ~ Notary Public for Oregon . My Commission Expires: AFFIDAVIT - I ; . .The following wi be considered by the Tigard City Council on esday, 'August 26,1997, at 7:30 P.M., at the Tigard Civic Center = Town Hall, 13125 S.W. Hall B1vd.,.Tigard, Oregon. B9th public oral and written tes- (timony is invited. The public hearing on this matter will be conducted in accordance.with the rules, of Chapter,i.8.32 of theTigardMunicipal'Code, and rules aad procedure's.of ttie City.Council:.Failure to'raise'an issue in person or by letter at some point prior to the close of the hearing on the re- ; quest or failure to provide staEements 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. Farther information may be.obtained from the Planning Division at 13125.SW Hall Blvd:; Tigard,;Oregon 97223, or r H~y bycallirig639-4171~ ` Z1y4 t ~ ° = N `4ih't!~'? t ~F' y a q 'i a PUBLIGHEARINGS 1.?^ . . } .k,. 4. ZONE CHANGE "ANNEXATION (ZCA) 97-W V i' y i•, t'.• • • , . ' > - FONNER STREET. ~ REQiJEST: The applicants, DAAL Homes/Eaton ProPerties, aze request- ing annexation of Tax Lot 4400 (2S1', 3BD3':into the.City of Tigard. The !r'subject site is 3:69 acies and:adjacent fo`tNe Hunter'.s 61ee.Subdivision. SW Fonner Street borders the property on'tlie souEh and west'sides. The ~ existing City boundary curis along the nortti'boundary line of the site: Cur- . rent Washington County designatiori is'tlie R-5 District (Residential 5:. : Units Per Acre). which is in conformance+with ttie City's Low Density : Residential Compreherisive Plan Designation. The site is within the,Urban [.Growth Boundary;LOCATION:.A=3.69~acre parcel that is tioi~dered 6y ~SW Fonner on its soutti and west sides:'APPLICABLE REVIEW ~ CRITERIA: Tigard Comprehensive PlanJolicies,2.l.1, citizen involve- ~~-merit;;i0~i:1; service delivery:capacity;t~l0:;11:2;,boundary'criteiia; and ~'10:1:3;Yoning designation: Coiniriuni[y-D"e_velopment Code chap[ers : , . 18.136, annexation requirements, and 18:938,, land classification of an- ` nexed territory: ZONE Currendy Wastungton Couiy"R 5, proposed City . r of-:Tigard R-4S ~ ~r'~' ;j s ' .`c.,i`~., r~* L ~ . K w., . . 3{`'~'i' ,r•~ .f..~° ~ . v . ' 1 _ i.1."'i. ~a2 74 .'.c. j % ~ { t 7''•, ; a'^'tt ~ A i'" F '.i ~ ; . . .1.. ^ ~ , r v'1~ I..e.......~..r.i . ~ • _ t' ~ ^ r' , ..s~._+..~:Y, 'a 1 4• r t i:~- e_ C ,f . S f yW; ' i ! k i 3;t : ,1' .;,c.. i~`,~'cl ~ : r ~'r • ~JS r 3~i. . . . • . ~'G. _ a- . J. T ~ . . . i- . ~4 w "h. w ,•~u npN. i-1y' Y._., . ~ j i.' ~a' w _c.' . .,:.c ,r,t$; ~ • ` ~ ~ ~ . ~•j . ~ T~$,~~ rt: s , ~ •,a _ t.i . .~l :t_ ~ • r VY: 1~". i ' sX' ` ` f # ' •,i• ' rr • . 4 J" ' . • . ; 1,., si.: . ~ ~ • i $1.`~ I:t , ''•4c ~ ~ st q h y. I~- t ..7 .tr,s . u :s~• • . . - . G;'. o ! ' ~ ! •'F-~i.'' . - • ~ • . . r. ~ . . i i ~ . . ';i 5~.: _ . , . : .•,_F<. i.. . .August 14, 1996. . • ~ ' I TT8901 - Publish : CITY OF TIGARD, OREGON ORDINANCE NO. 97-Ll AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 97-0001). WHEREAS, the Tigard City Council held a public hearing on August 27, 1997, to consider a zoning designation for one parcel of land located along SW Fonner Street east of SW 121 st Avenue; and WHEREAS, on August 26, 1997, the Tigard City Council approved a resolution fonivarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely approximates the Washington County land use designation while implementing the city's existing Comprehensive Plan designation of Low Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax Map. Lot Number Current Land Use New Land Use 2S1 36D, lot 4400 Wash. Co. R-5 Low Density Residential Current Zonina New Zoning Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By UnalDIAOLI-5 vote of all Council members present after being read by number and title only, this .th , day of-Am&.~., 97. CL ~L ' , Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this~ ~day of , 1997. , t , . Jam icoli, Mayor Appr ed as t rm: , City Attorney ~g f 9-7- Date ORDINANCE No. 96- I ~ Page 1 ~ 1 • • ti .Y/.~ . CITY OF TIGARD, OREGON RESOLUTION NO. 97-35 I A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 97-0001). WHEREAS, the Tigard City Council held a hearing on August 26, 1997, to consider the annexation of one parcel consisting of 3.69 acres located along SW Fonner Street east of SW 121 st Avenue; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which lies within the boundary of the Washington County Enhanced 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)(8), 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 Government Boundary Commis 'on at once. PASSED: This~ day , 1997 ' Mayor - ' of Tigard FEST: ~le~'~U City Recorder - City of Tigar~ ~~a6 Date RESOLUTION NO. 96-3 S Page 1 • ~ ANNEXATION DESCRIPTION A tract of land located in the SE one-quarter of the NW one-quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, which is described as follows: Beginning at the initial point of the plat of CARMEN PARK, thence S 00° 46' W a distance of 492.34 feet to the north right-of-way of SW Fonner Street; thence N 89° 57' E a distance of 401 feet to the west right of way of CR 495; thence N 00° 46' E a distance of 100 feet; thence Westerly a distance of 205 feet; thence N 00° 46' E a distance of 194 feet; thence Easterly 205 feet to the west right-of -way of CR 495; thence N 00° 46' E 168.8 feet more or less; N 87° 46' E a distance of 20.00'feet; thence N 00° 46' E a distance of 34.54 feet; thence S 89° 57' W a distance of 421 feet to a point on the East line of Lot 8, Carmen Park; thence S 00° 46' W a distance of 17.34 feet more or less to the point of beginning. ALSO INCLUDING THE FOLLOWING DESCRIBED TRACT: • Beginning at the initial point of the plat of CARMEN PARK, thence S 00° 46' W a distance of 492.34 feet to the north right-of-way of SW Fonner Street and the True Point of Beginning; thence S 00° 46' W a distance of 40.00 feet to the southerly right-of-way of SW Fonner Street; thence N 89° 57' E, along said south right-of-way, a distance of 441.00 feet to the east right-of-way of CR 495; thence N 00° 46' E, along said east right- of-way, a distance of 504.33 feet to the north right of way of CR 495; thence S 87° 46' W, along said north line, a distance of 40.05 feet to the west line of said CR; thence S 00° 46' W, along said west right-of-way, a distance of 462.80 feet to the north right-of- way of SW Fonner Street; thence S 89° 46' W, along said north line, a distance of 401 feet to the true point of beginning. i:\rng\johnrhW40036d. aac • • . • I Vicinl tY Map ZCA 97-0001 . • ~ 1 ~ I • ~ . ' .T7 ~ T_ . . ::i E:sl1' . . . . . y... . ~ . ~~~E:....: ~ _ ^ . ~ ~ 1 . . I ~ ( ~ T.. ~ 1 ! ~ C _ G:~ ~ ~ CARMEN ~ ST. ,w.-::: ~ . ' FOI~ti~f2-' HE. ~-V:::~ - J ~ ~ j ~ ~ - - ' - - " Subject F- ~ Parcel $E=-.~.:: . ~ ~ FONN , ER ! ..y~_~ - - - J ' - a . I ' I ~:.---.W..:;_._._._... ~ r.._.._ ~:.i~.e,~.~ G ~ ; ~ ; , • , ~ ~ _ ~~~-::•._L... ' : ; . ; - - _ - - , w . . . _ - - _ - Ltz , i ~ , - . . . , . . . . . . . - . . - O. . y c S f ~ ~ r~.:; r:-.•.~-.. _ - ~W= ~L............... r_.__. - ~ ~ . X • . ~:t;~ `ccr_c:P` _ =i~:5'~ - - - ::~•c-.;.. \ ; ~ ~ _ : _ ~ _ ~ l,ii _ r~_ _ _ `.c'•.:-.::r =t:a^ : ~"_..Y _ fy~ , ~ • . _ ~ \ ` ' . . _:l'::.'~.:~~1 . ~ \ ..r... »f;: :~1~~°` i.z:~'cr._....• 1;_~'~ . .r.~........ . , . . . : : r.. t:' E~'^a~...._....... : , . . _ . ; . , : . . . . . . . . • _ . : • ~ . . . . . • ~ - - . . f::::~........~;.•::••:•:.... . • .1, . ~ . r:...... ,~......,.1,..........~... Subject Parcel W E A n n e x e d C i t y Property ~4:4- I s 0.1 _ 0 0.1 0.2 Miles 1.~~ -vj . . . ~ ~ ~•1 Agenda Item No Meeting of a ~ a3 1~~? TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 • STUDY SESSION > Meeting was called to order at 6:32 p.m. by Mayor Jim Nicoli. > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; Asst. to the City Manager Liz Newton; Senior Planner Nadine Smith; Public Works Director Ed Wegner; and City Recorder Catherine Wheatley. > Eaecutive Session: The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (e), &(h) to discuss labor relations, real property transactions, current and pending litigation issues. > Eaecutive Session adjourned at 7:07 p.m. > Transportation Fund Update Mayor Nicoli advised the Council of information he received at the Washington County Coordinating Committee. Five counties (Washington, Clackamas, Multnomah, Marion, and Yamhill) would each put a measure on the November ballot to raise additional money fdr transportation through a county gas tax. This tax would be at the same amount in all five counties. It would be split 60% to the county and 40% to the cities (by population). The counties advised that they needed the revenue to offset the revenue lost to the cities when lands I annexed into cities and to maintain both the rural and urban roads under County jurisdiction. The ProJ'ected revenue amount for Tigazd was $250,000 a Year. Mayor Nicoli reported that counties would also ask for an increase in the vehicle registration fee by $15 per caz with the same 60/40 split between county and city (as regulated by state law). ' The projected revenue for Tigazd from this fee increase was another $250,000 per year. Councilor Hunt asked what happened if not all the counties approved the gas tax. Mayor Nicoli said that the County Commissioners have agreed that if the tax did not pass in their particular county, then they would retum to the voters with a lesser amount until the tax passed. He , mentioned that this election did not require the 50% voter turnout because it was an existing tax. He noted the discussion on whether or not to include the gas tax and the vehicle registration fee increase in the same ballot measure. While the majority of City Attorneys queried supported a combined measure, they were some who were concerned with that strategy. He said that he thought that Washington County would combine them. Mayor Nicoli reported that staff informed the Committee of a Measure 50 interpretation that . allowed the serial levies, in place prior to Measure 50, to be levied in perpetuity, although they could not be increased. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 1 • • . • ~ The Council discussed this information in light of the MSTIP program, the need to keep the voters involved and awaze of what was happening, and to get voter input on whether to keep assessing this levy and using the money for projects or dropping the assessment once the current list of projects was completed. Mayor Nicoli pointed out that even if the program were dropped, a County Commission in the future could reimpose the levy at their discretion without voter approval. ' Mayor Nicoli emphasized that while the levying authority was permanent, they decided whether or not to levy a tax through the Budget Committee process. They did not have to levy the full amount. He noted an issue of credibility also. Councilor Rohlf spoke to keeping the voters involved in these decisions as part of a representative govemment process. He pointed out that, as a taxpayer, he felt that the news that the government now had an infinite funding source was a contradiction to the idea behind Measure 50 (which had been to limit government taxing authority). Councilor Rohlf asked if the County would tell the cities to maintain the county urban roads if ' the cities were given 40% of the increased revenues. Mayor Nicoli said that issue was discussed in depth at the Coordinating Committee, including the suggestion to look at the vehicle road miles traveled versus the total length of the roads. He reported that Mayor Rob Drake of Beaverton wrote a letter to the County in support of the gas tax, increased vehicle registration fee, and the 60/40 split. • Mayor Nicoli said that the Gas Dealers Association has said that they would not oppose a uniform gas tax. He mentioned the other issue of the diesel tax which cost $30,000 to collect $50,000 in tax because of the way it was assessed. The truckers have threatened "to come after" the cities if they touched the diesel tax while AAA has made the same threat if cars were taxed and ttucks were not. Both had powerful political lobbies. The bottom line was that no one knew how to fairly tax diesel. Councilor Moore asked what happened if the state imposed a state gas tax. Mayor Nicoli said that the counties were split on how to handle that. A couple have indicated that they would reduce their gas tax in response to the state tax while others said they would deal with that when it happened. Washington County Commissioners have not decided how to handle that issue yet. Councilor Scheckla asked where the increased revenue would be allotted to. Mayor Nicoli said that the money would go to "safety and capacity," which was all inclusive. Councilor Scheckla supported wording that allocated the money to the roads over light rail. Mayor Nicoli noted the political maneuvering on this issue, including the threat by Tri-Met to veto these items. While the Tri-Met Boazd did have veto power over a gas tax and vehicle registration fee increases (per state law), Metro distributed the federal and state transportation funds in this region, including the $50 million Tri-Met received. A possible solutioh was a long-term spending plan developed by the cities and counties for this revenue. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 2 - . • • L • > Agenda Review Bill Monahan, City Manager, reported that the Planning Commission hearing last night on an appeal of a director's decision regarding property in ttie Mixed Use Employment zone in the Triangle demonstrated that the Planning Commission needed clarification and training on the Triangle design standazds. Staff was working on setting that training up. Mr. Monahan noted the letter sent by Mr. Hendryx to the property owners regazding the Erickson property. He said that the SW North Dakota Task Force was proceeding well. Mr. Monahan mentioned a call he received from a Durham resident regarding the mosquito problem in Durham that might originate in water on the Thomas dairy property. Jeff Munro of Public Works was investigating the situation. Mayor Nicoli noted that bats have lost habitat and suggested increasing the bat population in Cook Park as an innovative solution, since bats ate mosquitoes. > Mayor NicoG adjourned the study session at 7:35 p.m. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:40 p.m. Mr. Foster, a Boy Scout, lead the pledge of allegiance. . Council Communications/Liaison Reports . • Call to Council and Staff for Non-Agenda Items Mayor Nicoli said that the Planning Director would give Council an update on light rail if there was time. 2. VISITOR'S AGENDA > John Brooks, VLNK Engineers, said that he represented a client with a pending application before the Planning Commission in the MUE zone in the Triangle. He asked that the process be completed and that the Council respond to the Planning Commission's request for an interpretation from the Council. He expressed concern over the communications between the Commission, the Council, and his client. Pam Beery, Legal Counsel, said that her office would continue to advise the Planning Commission on this matter and would find a legally acceptable way to communicate between the Council and the Commission regazding this pending application. The situation was that Council could not make an interpretation in the middle of an application before the Commission, nor could the Council's impartiality ,be compromised. CITY COUNCIL MEETING MIIWTES - AUGUST 26, 1997 - PAGE 3 . • • ' r 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve t6e Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve Council Minutes: July 22,1997 3.2 Approve amendment to the Dog Control Agreement (dated 8/26/86) with Washington County to Cite Violators in Justice Court Rather Than District Court and also to Update The agreement to Refer to Current County Code Sections and Authorize the Mayor to Sign 3.3 Appcove Budget Adjustment No. 3 for Community Development Block Grant Senior Center Landscaping - Resolution No. 97- 32 3.4 Approve Renewal of Municipal Judge Michael O'Brien's Contract - Resolution No. 97-33 3.5 Approve Agreement with Unified Sewerage Agency to update the Fanno Creek Flood Insurance Study and Authorize t6e City Manager to Sign 3.6 Approve Supplemental Intergovernmental Agreement for Green berg Road Improvements - Resolution No. 97-34 3.7 Local Contract Review Board: a. Award Contract -1997-98 Pavement Major Maintenance Program to Eagle Elsner, Inc. b. Award Contract -1997-98 Slurry Seal Program to Blackline, Inc. c. Award Emergency Bid for Reconstruction of Benchview Place Sanitary and Storm Sewer to DaNeal Construction, Inc. ' 3.8 ApQrove, in Concept, the Intergovernemental Agreement Preliminary Review Draft (dated August 14,1997) for the Willamette Water Snpply Agency 4. PUBLIC HEARING (QUASI-JUDICIAL) REQUEST FOR ANNEXATION - ZONE CHANGE ANNEXATION ZCA 97-0001- FONNER STREET (DAAL HOMES/EATON PROPERTIES) Request: The applicants, DAAL Homes/Eaton Properties, are requesting anneaation of Taac Lot 4400 (2S13BD) into the City of Tigard. The subject site is 3.69 acres and adjacent to Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential5 Unites Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. Location: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. Applicable Review Criteria: Tigard Comprehensive Pian policies 2.1.1, citizen involvement; 10.1.1, service delivery capacity; 10.1.2, boundary criteria; and 10.1.3, zoning designaHon. Community Development Code chapters 18.136, annexation requirements, and 18. 138, land classification of annexed territory. Zone: Currently Washington County R-5; proposed City of Tigard R-4.5. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 4 - ~ • • • . Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Resolution No. 97-35. The City Recorder read the resolution by number and dtle. RESOLUTION NO. 97-35, A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN-EXHIBIT "B" (ZCA 97-001) Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") ' S. TIGARD TRIANGLE DESIGN WORKSHOP RESULTS Mr. Hendryx introduced Lloyd Lindley, the consultant who worked with staff on the Triangle workshop in July. Mr. Lindley noted that the question before the Council tonight was "did the City want big box retail developments in the Triangle." He presented the workshop report document. He reviewed the history of the 23 member Triangle Task Force's work in developing the design standards over a nine month period. He said that the standards exceeded the regional and state goals and standards. Mr. Lindley reviewed the participants, the process, and the conclusions of the July wor1G§hop. Experts from Oregon and Washington plus local property owners were brought in to test the design standards against the requirements of lazge scale retail development. He directed attention to the summary of opportunities and constraints in the report (page 6). Mr. Lindley explained that the comments in the summary were listed in the order of "most often mentioned." The opportunity comments included to embrace big boxes but to do them well and to the City's goals, to provide an adjustment process to address constraints, to clarify specific goals of design standazds with articulation of the vision for the area, to address the constraints to. provide certainty, to develop alternate schemes to illustrate intent, and that Tigard could choose its own future. The constraint comments included rigidity in standards, no room for negotiation, a desire for flexibility, lack of understanding of lazge scale needs and site constraints, ambiguity in lazge scale buildings relating to the standards, acknowled~ed limits of the topography, a street plan rather than spacing standards, lack of defnition on 72 d Avenue of the building to the sidewalk, and the 300 foot facade limit as confusing to lazge scale retail. Mr. Hendryx directed attention to page 9 of the report, the options proposed by staff for Council consideration. These included 1) retaining the standazds as written, 2) excluding the CG properties from compliance with the Triangle standards, 3) requiring all development in CG zone with a floor plan lazger than 110,000 square feet to comply with four out of the seven standazds at issue with the development community, and 4) exempting the uses over 110,000 squaze feet from the seven standards. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 6 ~ _ _ . a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report: Community Development Department Jim HendryY, Community Development Director, presented the staff report. He said that the applicant was in the process of subdividing his property and needed annexation in order to get sanitary sewer to his site. Staff has received no comments from any of the agencies requested to review this application. The County zone was compatible to the City R-5 zone. Councilor Scheckla asked if there was another way into this subdivision besides the access on Fonner Road. N1r. Hendryx said yes, and that the issue would be addressed during the design review process. d. Public Testimony Mayor Nicoli reviewed the hearings procedures and criteria. PROPONENT > Pamela DanZer, Westlake Consultants, represented the applicant and stood ready to answer any questions. e. Council Questions . Councilor Scheckla asked if staff replied to Oscaz Clazk's letter. Mr. Hendryx said that staff would advise the Clarks regarding the City's greenspaces process. The property would come to Council's attention through that process. f. Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. Hendryx recommended approval of ZCA 97-0001. h. Council Deliberation: Ordinance No. 97-11 Resolution No. 97-35 Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance N0. 97- 11. The City Recorder read the ordinance by number and title. ORDINANCE NO. 97-11, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 97-001). CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 • PAGE 5 I . . • • . Mr. Hendry:c noted the letters received from Eagle Hardware and Waremart. PUBLIC CONIMENT Mayor Nicoli opened the discussion to public comment. > Russ Joki, Tigard-Tualatin School Superintendent, representing the School Boazd, supported Option 4. He said that the Phil Lewis site was of interest only to a lazge commercial user. He said that they did not feel that the design standards should preclude future users from developing their property in a way consistent with existing uses already located west of 72nd Avenue. > Mike Robinson, Eagle Hardware, concurred with the School District's comments. He said that it was not just a question of whether or not the City wanted to allow big retail stores in the Triangle but how the development was done so that it was a credit to the City and presented an attractive entrance to the Triangle. He held that the City did not necessarily need the design guidelines currently in place to achieve that goal, and that the guidelines actually prevented the City from getting a good retail user an the site. Mr. Robinson pointed out that the Triangle consisted of two sepazate areas: the CG zone west of 72"a Avenue with its large scale retail users, and the MUE zone east of 72nd Avenue with non- retail uses and an established grid street pattern. He reiterated that the City standards exceeded the state and Metro standards (which did not prohibit large retail stores). He cited a letter sent to the City Council from Metco stating that the connectivity standards applied only to residential and mixed use azeas. Mr. Robinson said that the two largest constraints identified at the July workshop were the rigidity of the design guidelines as written and the lack of understanding of how retail users developed. He mentioned the often stated opportuniry that there was a place for big box retail in the Triangle, and that it could be done well. He noted that the Phil Lewis school site had a number of constraints that the design guidelines did not address. Mr. Robinson reviewed the options mentioned by staff. He did not support an adjustment process. He supported Option 4, exempting the large scale retail users from meeting the design guidelines. He reiterated that as the standazds stood right now, they did not work for lazger retail users or for the Phil Lewis school site. > Mark Weisman, Eagle Hardware, reviewed his design team's work to meet the third option. They concluded that a lazge scale user could only meet two of the seven standazds because the standards were written without consideration of large scale user needs. Tinkering with four of the seven standazds did not meet either the intent of the standards or the programmatic needs of Eagle Hazdware. He emphasized the consensus at the workshop that the standards were rigid and inflexible and did not work for large retail users. He spoke in support of Option 4. Mr. Weisman presented a conceptual site plan to illustrate how these standards did or did not work. Ms. Beery expressed concern that site specific information relating to an application that might come before Council not be discussed. CITY COUNCIL MEETING MINUTES - AUGUST 26, 199? - PAG£ 7 . • • r Mayor Nicoli stated that he heard that the direction that Council gave was to prohibit big box development in the Triangle. He said that that was never what he meant to convey. He spoke to allowing big box development but strongly emphasized allowing it only if it were attractive. He said that he did not want any "ugly" boxes in the Triangle but that he did not oppose lazge retail uses as such. He asked for Council discussion on this perception of the Council's original direction. Councilor Rohlf cited the Kruse Way development as an example of the design quality he wanted to see in the Trianle. He said that he underst od w g o ho staff could have arrived at the conclusion they did, given the Council discussion of the to ic. He said that his concern P was not preventing big box retail but insuring that the treescape nature of the Triangle was maintained, and certain elements (like large blank walls) avoided. He expressed concern about the long term viability of the stores. He reiterated his interest in quality development, possibly office buildings (such as at Kruse Way or Koll Center), but not necessarily excluding large quality retail development. Mr. Weisman commented that the Triangle was a visible and valuable property that over the long term should not have abandonment problems. The market turnover would be quick. He concurred with the need for quality development that fit into the community. He reviewed various standards as they applied to the site plan, explaining how each one worked or did not work given the topography, other site constraints, and the progiammatic needs of a lazge scale retail user. He concluded that they could meet only two of the standazds. These issues included pedestrian connectivity across the site, spacing requirements, the relationship between the building to 72°d Avenue (the 10 foot setback issue), preference for a green landscaped edge over a view of a sea of pazking, the window issue, how topograpfiy minimized the impact of the scale of the building, the 50% of frontage in pazking requirement, and the building entrances at 300 feet intervals requirement. Ms. Beery reiterated her caution about site specific questions. She said that general topographical questions about land in the Triangle were acceptable but specifics about an application on a site were a potential problem. . Mayor Nicoli commented that all sites in the Triangle had tremendous grade differences. Mr. Weisman said that only the less desirable sites remained available for development, which included steeper sites than typically used for shopping centen. Councilor Rohlf questioned . whether or not the topography supported large scale retail uses if significant changes were required. > Scott Madsen, Cushmaa & Wakefield, said that as a commercial real estate broker for 18 years, his specialty was office development. He said that the Triangle was a market driven situation. The mazket for office was predicated on access and location. Employers were primarily concerned with moving their employees in and out quickly in the morning and evening with easy access to major arterials and freeways. He said that developers looked at the Triangle and concluded that the only suitable location for office was on the I-5 freeway side because of visibility and access to the freeway. The potential congestion on 72"d Avenue was a major concern for office users and the reason why there has not been office development in the Triangle. • CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 8 ~ • . - . • • Mr. Madsen said that the Kruse Way development was a unique situation with multiple access points to the freeway. He cited the Lincoln Center office development as an example of a workable situation because of its freeway orientation. He pointed out that there was na , guarantee that office developments would be occupied 100% of the time. He stated that the I . mazket showing a clear interest in the Triangle was retail, citing the current big box retail users already there. He said that the issue was insuring quality development. Mr. Madsen reiterated that the Triangle was not comparable to Kruse Woods. In addition the . . Triangle lacked the road infrastructure and access to guarantee the access desired by a large employer. > Gordon Martin,12265 SW 72°d Avenue, said that originally he supported the guidelines and . withheld his development application primarily to meet the spirit of the guidelines as develope! . by the Task Force, of which he was a member. He expressed concern for the entire Triangle, azguing that the guidelines needed to work for everyone. He said that this started when the residential areas on the Task Force wanted to redevelop. It was a fair request and the Task For worked to accomplish that request but then things got out of control and the guidelines became . too rigid and lacked flexibility. NIr. Martin spoke to giving the guidelines flexibility. He cited the Planning Comunission hearing last night at which a request for a 2000 square foot dental office was presented. The Commission could not come to a conclusion on it because of the variety of interpretations and misunderstandings about the design guidelines. He mentioned flexibility for considerations of topography, setbacks, major and minor arterials as a corridor through the Triangle with a streetscape, windows, grading, and the 300 foot access intervals. He commented on the humar . factor that led to misunderstandings and confusion.. ~ . Mr. Martin pointed out that in this mazket, he had to sell tenants on the location and space. He has lost the opportunity for some major retailers because of having to deal with the environmental constraints on his property. He read into the record the following from the -workshop report summary; "Most stated that the standazds did not have enough flexibility to . accommodate certain big box programs and the very physical constraints of the Triangle." > Kathy Godfrey, 7435 SW Hermosa Way, pointed out that the beautiful buildings at Disney ' World and Las Vegas were nothing but big boxes with fancy facades and "gingerbread." With proper management and design, a big box did not have to look like a big box. She held that th, Triangle would not prosper without lazge scale retail uses. She said that if one took away the landscaping at Kruse Way, they would be left with three and four story big box office building She contended that with proper design and attractive storefronts, they could have an attractive business azea of retail and mixed uses. Ms. Godfrey spoke to retail as a better use of the land because stores were open 9 to 9 while office buildings stood empty half the time. She said that Hermosa Pazk was still waiting on th, City; they wanted to move out. She commented that responsible people knew that an attractiv~ Triangle was good for the community. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 9 . . • . r > Ken Rosenfeld, Triangle property and homeowner, Task Force member, spoke to keeping the plan as it was because it offered protection for the Triangle residents and allowed the City to handle Triangle development. He contended that the addition of half a million square feet of retail space (the total projected amount of the schoot site and the Martin property) would seriously impact the traffic situation. He said that the traffic engineer on the Task Force had stated that successfiil development in the Triangle would require six lanes on Pacific Highway and five lanes on 72°d Avenue. He noted the new office building under construction that would prevent expansion of 72"d Avenue to five lanes. He expressed concern that these large scale developments would use up all the traffic capacity of the Triangle, leaving none for the smaller developments. > Cynthia Thompson, 6960 SW CGnton Street, reiterated Mr. Rosenfeld's question about the large developments taking up the traffic capacity of the Triangle, and preventing the development of the MUE azea. Mayor Nicoli said that that concern was specifically addressed in the plan, and that each area had its own amount of designated traffic capacity. Ms. Thompson said that she envisioned the Triangle as a nice place to live with work and shopping close by. She supported the design standards but agreed that more flexibility was needed. She said that perhaps the Triangle has had its share of big box development and did not need any more. > John Putnam, 6960 SW Clinton, pointed out that flexibility was missing for both the large scale user and the small person. He cited the difficulty a neighbor was having in converting her home to office use because of the lack of flexibility in the design standards. He expressed his disappointment in the pedestrian and mobility impaired access inside the Costco and the theater lots, which he said was not good. He urged more flexibility in the standards, and greenspace in the Triangle. . . , > Evelyn Beach,11530 SW 72°d, cited the development on Sequoia Pazkway as an example of good big box design within an innovative interpretation of the street standard. She emphasized the landscaping design and streetscapes that imaginadvely hid the big boxes. She urged the Council to move forward on this issue. Councilor Moore spoke to first settling the question of whether or not the City wanted large buildings in the Triangle. That would determine where the discussion went next. Councilor Hunt concurred with Ms. Beach's use of Sequoia Pazkway as an example of nice looking big box development. He said that while he did not like buildings like Costco, he thought Sequoia Pazkway was well done. Councilor Moore said that he could not take a hard-line one way or the other either. Mayor Nicoli agreed that the Sequoia Parkway development was a good example of big box development. He reiterated that his concem was with the appearance of the building, an issue that he did not feel the design standards addressed. He said that his only problem with the design standazds was that they were too rigid. He spoke to implementing an architectural review process that looked at each development on its own merits with an emphasis on a nice looking building held to higher standards. Councilor Rohlf spoke to the City taking the lead on developing the transportation infrastructure needed in the Triangle for good development to happen. Mayor Nicoli reiterated the need for flexibility for the large scale users. CITY COUNCIL MEETING NIIrNTES - AUGUST 26, 1997 - PAGE 10 I . • • ~ The Council agreed by consensus that they fundamentally were not opposed to large scale retail development in the Triangle. They agreed that attractiveness of development for all buildings, regazdless of size, was important. In addidon, fleYibility in the standards was a consideration. Councilor Rohif asked how did the City insure that all development in the GC zone was good development, and how did the City help the smaller folks who were also suffering from inflexible standards. The Council discussed Mayor Nicoli's suggestion of an Architectural Review Boazd. Concerns included who would be on the board, would they follow the standazds or their own thought, adding another layer to the process, and allowing staff to use their expertise in making the standards work. Mr. Hendryx cautioned the Council not to rush into a design review boazd without considerable thought NIr. Monahan mentioned the need for staff to have a cleaz idea of what the Council wanted in order to avoid an interpretation on every application. Mr. Hendryx said that he understood Council to say that they would allow lazge scale development in the Triangle, provided it was of good design. He said that the Code had a number of standards already in place that would provide a high level of good design. He said that the seven standards listed were the crirical things that lazge scale retail developers found they could not work with. He suggested that Council consider keeping the basic standazds and looking at Options 3 or 4. Councilor Rohlf asked if there was a middle ground on these issues. Could there be a very strong suggestion to use these standards with the discretion of the director to waive them under the proper mix? W. Hendryx said that an adjustment process was not practical from staff's point of view because they would be asked constantly to waive or reduce the standards. -If the Council wanted quality development, then they had to have some thresholds for the standards. Mr. Hendryx mentioned the standards that would remain if the seven standazds were eliminated. These included landscaping, building materials, entrance and other design requirements. Councilor Hunt commented that they could not design the standards to fit one particular project. Mr. Weisman agreed. He suggested working with staff to develop different standards that would meet the large retail users needs and the goal of quality development. Nadine Smith, Senior Planner, reiterated that the document addressed more than the seven standazds pulled out for this discussion. She said that she thought that they could remove these seven standards and still have a building that met the Council's goal for attractive development. She said that at the workshop, the general feeling was that these seven standards would stop large scale retail development. Mayor Nicoli asked if there should be additional standazds that would kick in for large scale development. Mr. Lindley mentioned a workshop comment that if the Council decided to allow large scale retail development in the Triangle, then the standazds should be looked at from that . perspective, and any additions to the standards should meet the same vision statement developed by the Task Force and City goals. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 11 . ~ r . Mr. Martin explained how he could or could not meet various standards on his different properties. He said that he could meet degrees of the standards but not l OQ°lo of the standards. Mr. Hendryx suggested that the Planning Commission use these seven standards as guidelines for lazge scale develogment. However using them as guidelines meant that they could not . require compliance. The Council discussed what strategy ta pursue. Councilor Hunt suggested finding specific standazds they could live with to replace these seven. Councilor Moore commented that the Planning Cammission used guidelines in making decisions regarding granting variances. He supported Mr. Hendryx's suggestion. Mr. Monahan pointed out that the activity at the Commission last night demonstrated the Commission's need for Council guidance on the interpretation of the standards. He spoke to tweaking the standards as they applied uniquely to the Triangle. . The Council directed staff to retum in two weeks with recommendations on the specific issue of standards for big box development in the Triangle. In addition staff would present a strategy to look at the other two issues of the needs of the existing big box people in the Triangle and the needs of those converting homes to offices or businesses. Staff could bring in anyone whose input they felt they needed. Mr. Hendryx emphasized that if staff retumed with a text amendment, that amendment had to go through the regulaz process which included review by outside agencies. Some of those outside agencies have demonstrated interest in what happened in the Triangle, especially with regazds to pedestrian circulation. > Mayor Nicoli recessed the meeting at 10:10 p.m. for a break. > Mayor Nicoli reconvened the meeting at 10:30 p.m. 6. PUBLIC HEARING (LEGISLATIVE) - ZOA 97-003 - STREET STANDARDS A.DNSTMENT IN THE CG ZONE OF THE TIGARD TRIANGLE Request: Amend the adopted design standards for the Tigard Triangle to allow the provision of privately owned "skinny" streets to meet the connectivity standards in Commercial General Zone using an adjustment process. Additionally, minor revisions are proposed to the signing standards within the design standards to clarify the allowance of freeway-orient signs within the Tigard Triangle. Locadon; Generally, south of Highway 99W, west of I-5, and north of Highway 217. Applicable Review Criteria: Statewide Planning'Goals 1, 2 and 12; Tigard Comprehensive Plan Policies l.l.a., 2.1.1, 2.1.2, 2.1.3, 8.1.1, 8.1.2, 8.13, 8.1.8(fl. Community Development Code Chapter 18.30. Triangle Design Standards. Zoae: Commerciai General (CG), Mixed Use Employment (MUE) CITY COUNCIL MEETING MINUTES - AUGUST 26, 199? - PAGE 12 . ~ • Ms. Smith requested Council to continue this hearing. The street standards were heavily tied into the rest of the standazds, and staff would like additional time to reconsider them in light of the Triangle discussion and the Planning Commission meeting. a. Mayor Nicoli opened the public hearing. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to continue this hearing to September 23. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 7. NON AGENDA ITEMS . > Light Rail Update Mr. Hendryx reported that the state legislature authorized $500,000 to fund a detailed analysis of the feasibility of the commuter rail project for a line between Beaverton and Wilsonville. Washington County and the Cities of Beaverton, Tigazd, Tualatin, and Wilsonville funded the preliminary fatal flaw analysis and agreed to proceed with a detailed analysis on what unprovements would be necessary. They also agreed that the study should focus on this main alignment from Beaverton to Wilsonville while not precluding connections to other lines, such i as one going to Salem. Mr. Hendryx said that the County would develop the scope of work for review by other agencies. Ultimately this would require an IGA for local participation. Local participation has not yet been deternuned but was likely to be in-kind contributions. Wilsonville asked for discussion of a fazeless ride. He noted that Metro was looking at rail lines to Oregon City, to Molalla, and between Tualatin, Lake Oswego and Oregon City. While the County study would be coordinated with those studies, those studies would not drive the County study. Mr. Hendryx reported that Tom Brian was instrumental in getting the funding for the study. He confirmed to Councilor Hunt that the state money would pay for the study except for the local contributions of probably in-kind services. He said that he was concemed about that and would make sure that they could adequately staff their portion. > Councilor Hunt asked about the footbridge across the Tualatin. Mr. Hendryx said that while Council discussed that issue, they did not take any action on it. > iIr. Hendryx reported that the rail line was nearing agreement to vacate the western line through town that used the bridge across the Tualatin River at Cook Park. The vacated land would return to the state as a state comdor. The City would work with ODOT to get pedestrian access across the bridge. He noted the necessity of Tualatin purchasing or reserving the right of way of the rail line. He commented that the rail was looking to the Ciry for help in acquiring the line. 8. EXECUTIVE SESSION: The Tigazd City Council went into Executive Session at 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. CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 13 . 9. ADJOURNMENT: 10:40 p.m. ' Attest: a erine Wheatley, City Recorder r, City of Tigard ate: bm pCJ i:\adm\cathy~ccxn1970 26.doc CITY COUNCIL MEETING MINUTES - AUGUST 26, 1997 - PAGE 14 A n ~ COMMUNITY NEWSPAPERS, INC. Le9al P.O. BOX 370 PHONE (503) 684-0360 NOtICe TT 8 9 0 l. BEAVERTON. OREGON 97075 Legal Notice Advertising R E CE I V E D • City of Tigard • O Tearsneet Notice AUG 18 1997 13125 S6•7 I3a11 Blvd. • Ti _qard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit CITY OF TIGARD *Accounts Payable • ' ' a I AFFIDAVIT OF PUBLICATION STATE OF OREGON, ' ~ ~ • COUNTY OF WASHINGTON, )ss' . ~ 1, I:athy Snyder. ~ being first duly sworn, depose and say that I am the Advertising ' Director, or his principal clerk, of the Tigard-Tualatin Times • i - e newspaper of genecal ciroulation as defined in ORS 193.010 a ~ and 193.020; published at Ti qa rrl in the aforesaid counry and state; that the ZCA 97-0001_ Fonn r St.r t a printed copy of which is hereto annexed, was published in the ~ entire issue of said newspaper forONF successive and consecutive in the following issues: ~ August 14,1997 OFFICIAL SEAL dACQUEUNE ARELLqNp • NOTARY PUBLIC-0REGON COMMISSION N0. 301011 • titY COMMISSION EXPIqES JUNE 9. 2001 Subscribed and swor to bef e me this 1 4qh da y o f &uau s t, 19 9 7 ~ Notary Public for Oregon My Commission Expires: AFFIDAVIT _ , a~...,;_;,•=,..~, ~~,,+~.I _ , . . The:follow* ~ 1 berconsidered'by the ;Tigard City Counci esd'ay; .August 26, . 7,-at 7:30. P.M ;'at the Tigacd Ci~n~ Ce:~ter~ , d~n Hall; " 4lt ♦ Sf ' N 1 1 13125, S:W. Ha1T B1vd:;~Tigacd;:~Qregon,:~~ublic ofat and'~wratteiu's= ' dmonyisinvifed: Thepublic"'heaztng~on4, " nma't,tei,wilTbe conducted.in accordance with ttie iules of Chapter ~i8:32'lof;tlie :TigazdMunicipal'Code; , • and iules and procedure`s,of~e Ciry~Council~:Failure taraise an issue:ie personoi;.,byletferaisomepomtpnorto~the,cTose'ofttit~heanng-,on,`.theie; . quest;or failure.to; piovide statements or;Gyid~rice sufficaentto;affordAthe :decisioqmaker ~i opportunity;I o regp~nd,~d~6e;iss~'e gnor;thaclose~of e'heanng on ttie:request, precliidesfan.a~ al:~aLhe~L'anc~Use.Boerd`of ; ~:~Appeal~'`lid op that¢issue;~F~Icitieir infoiatior~"may',be o~fained?~om ttie°Planning Division at 13i25 SW Hall'B1vd ,~,Tigard,,.Oregon~972Z3 oi , by.'~allirig 639=,4171 `~'y ~ ' ~A.~~~~~~~~}~ ~ } ~ ~ ' ♦ ; ,n•_•~ ..-„b : ~ ,r-.-.. , e- ~~"`,r• ."r''~"x.~. ;ti •PL7BLIG?HEAItINGS'~-: " L- 4 s-i-:ZONE CHANGE!"ANNEXATION"(.ZCA) tr i x~x:t ~ ~{f,.,, ~ a~!4~;. '~'ONNER STREET''e , ~~tF k " a'~ • . : REQLIEST:,The,"a lic n~s `DAAL?Hom `lEatdn es Propert~es,'ars request- aing anriexat o in of;Taztot~4400 (2S~'i3BI~)?~nfo the-~aty of~Tigatd::~The' : subjec~ site is 3`69`acres ai►d;AdjacenCfi3'~tH9,Hunt$'r`rs~GT'en.S~b~insion': ;;SWFonner Streetborders the~propeFty.oNtti~'sou°th and'w~st•sides -The; -~;exisung Ci~ty boundar'yiuns along the qortTi'~*q'ndaryUa~`of the site~Cii`r? ,,'rent~Wasbington Couwnty designationy'il~t~Ir-5 District,(Residbntial y. ~ ;-Units PecAcre wtuckis in conformaqc $~tth t6er'G~ty'`9L o~+~tDen'Nty ~ ResideAtialiCompreliensive Plan'Desi" ~I't►e 9ft"•i(~~~~y,`1jtlu{rt~~;t~Uib"an ~Gcowth'aoundary3L`QCATION4 r! ~ ~CC~:LlW~1S3,Wrdered.bY; SW Fonneiaoti iEs~soutti}we ~ WRF,Y~E;,`N t 4 CRITERI~ 'Tiga~d Compre"hensi ; Cihun i~Vb"CYer f., ~y, •,ee ,x, Jment 0!~~ k Ser•vic~ del~~euycap cntpna ad ro TZ6 n1 njR~signafibn Coj »i~y`"E ~C'ode chaers • '..1$:136,'arinexaiion requireme~ts; °ai~d`~ ~8"~ ~lad s~fi6ao►on of;an'' ,,nexed territorv%ZONE:;Cuneetty Was `n ~pril~ of,.Tigaii~~4~~ ' ; jr•'~ i It„~ +t p S ~i . :i?'x •.a . ' .A j~ ! j'a ~ x ~ Y, i~r iY , . 3 fi,~. 3= u , 3 ~ ' ' I` ~ e, ~ fy :i~'f~;' w~ . ~ t r a. i. _ ,--s;. y ' a : ~!.ba' . Y •;f r~~.'v - t t+~^ti~S'" . ~ ~ . i, ' ~ 2 ~ ' • '~f f . zp :y •y ~t!.b ~j,F 11 . . _f~ . . . . ~ ~ f •;r! 5 rt}'.f Y •~t'~ ' .4Y 5 t• } 4 t. t d r1 ~1 i~ ~'i~!•, G14 it •a ,C . ~ r : ~:.'-F.x ~ J_ J, 7.F, y . y . . •~ii- .t J'.~°~. .R r ,.tC r fi : r r . x.~r .2 . ,r,•• f _ ;s .•~,,;,.4,. .2- G' . K•- r'` ` "a' :hX i al.' • . . ;5 ,~F, ~~4• . . • iiE.~ ~:..d aN.~ ',3 J1`rL ~ .a i> ~Yt'{ • . ; d +,SI'S szYtl. ' 1 IYY7 1 S~ p s y ; ~ •.a , }`l <<TT8901'..- Publish Augus~ 14;?1996 . . . _ . , . . _ . : y . . • A4 CITY OF TIGARD Communiry Developmcnt Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Ron Goodpaster, Amanda Bewersdorff, Brian Embley, Cathy Wheatley, Gus Duenas, ' Jill Aldrich, Paula Walker FROM: Laurie Nicholson DATE: November 5, 1997 SUBJECT: Final Order on Annexation 3813 (ZCA 97-0001) We have received the final orders for Annexation 3813 (ZCA 97-0001), effective October 16, 1997. A map of the annexed property is attached. Census information is as follows: Final Order 3813: Owners: Walter & Yvonne Hordichok 2S103BD-04400, Vacant lot 5420 NW Sewell Road Hillsboro, OR 97124 I I ~ • November 5, 1997 FINAL ORDER ON ANNEXATION 3813 (ZCA 97-0001) We have received the final orders for Annexation 3813 (ZCA 97-0001), effective October 16, 1997. A map of the annexed property is attached. Census information is as follows: Final Order 3813: Owners: Walter & Yvonne Hordichok 2S103BD-04400, Vacant lot 5420 NW Sewell Road Hillsboro, OR 97124 Please call me if you have any questions. Laurie Nicholson Community Development Department I I P 003 229 764 Receipt for ' Z 0 7 6 14 9 0 9 7 ~ Certified Mail ! Receapt lorr ~ No Insurance Coverage Provided Certified MaiB Do not use for Internationel Mail ISee Reverse► No Insurance Coverage Provided se c~ STATES Do noe r.~F ternational Mai1 erl~~a,~~ (Se °tkCe- 11 Street l and No.0, 1 Sem ro a • ~ ho~1 P. , State and 21P CO B - $LreOet an No.4 v~~ ~ , ~ 4J d Postage P 0., State and R de $ Certified Fee Postage 68 ~ c~ C ve Fee Certified Fee Special Deli ry I ~ Restricted Delivery Fee Special Delivery Fee I 0- Return Raceipt Showing ~ Restricted Delivery Fee O! ro Whom & Date pelivered 1 O I m Return Receipt Showinp to Whom, Return Receipt Showing I O ~ Date, and Addressee's Address O~i to Whom & Date Delivered ~ ~ TOTAL Postape I t Return Receipt Showing to Whom, O & Fees "1 ~ ~ Date, and Addressee's Address ~ 2 TOTAL Postage C0 Postmerk or Date i & Fees $ a1 09 p ~ O Postmark or Date LL ~ E ~ I LL co a Z 076 148 709 P 530 219 010 Receipt for ~ Certified Mail us Poscai seNioa Recei t for Certified Mail No Ins a~ase..aoverage Provided P No Insurance Covera9e Provided. urarcosT~res ~O R t use~for fn rnational Mail aosru seaacc I 1 4 e erse ~i, Do not use for Intemational Mail See reverse sem co n~ Sentto rnY;6~ - t Qr' ISt r2nd N eStre N~m ~ ~OO ~ J,4'~~J P P OHi Slate and IP Satl~ ~ ceState,&ZIPC 2 V Mp'-'~ - - Postage s ~ POSf8g8 & Certified Fee ' C8d1}I8d F8B Q~ tI.~ d SPecial Delivery Fee ~ Spgciel D8{ivery F88 O Restricted Delive.y Fee RBSUiCted Delivery F89 N ~ Return Receipt Showing ~ Retum Receipt Showing to O 0) to Whom & Date Delivered O Wl0[11 &08f848{IY8I8d ~ ~ ' L Return Receipt Showing [o Whom, gC ReWmReceiptWwhg toNRrom, ~ ~ Date, and Addressee's Address `i D'd(9, $/~dr9SS8B~S AddfBSS ~ TOTAL Postage ~ TpTAL Postage & Fees O & Fees co Postmark or Date € Postmark or Dete c") o U- i N i - Cn ' a - _ _ T I P 530 219 O11 P 530 219 009 US Postal Service Receip$ ff~~ ~ertified MaiB us Postal seNice No Insurance Coverage Provided. ReCelp$ fAr C@rtOfBed M8s0 Do not use for Intemationaf Mail See reverse No Insurance Coverage Provided. Sem to ~ Do nat use tor Intematloaal-Mail See reverse Sem to St~~ yt~be S~ , ~ . I Y d ~ &M m ; I Pos ce, State, b P~ ~ t~ Office, Sta ? IP Cod ~-1 Postage $ 9 r ~ Postage Certified Fee J 5 Cartfed Fee . 3 ~ Spedal Delivery Fee ~ Restricted Delivery Fee Spedal Delivery Fee LO Restricted Delivery Fee ~ Retum Receipt Showing to un ~ Whom & Date Delivered Retum Receipt Showing to ~ ReNm Receipt Showing ro Wlam, ~ Whom 8 Date Delivered < Date, 8 Addressee's Address ~ Retum Receipt Slawing to Whom, ~ Date, 8 Addressee's Addre,ss ~ TOYAL Poslage & Fees s p ~y O TOTAL Postage & Fees $ Postmark or Date aO ~ Postrnark or Date ti Cl) t~ a a P 003 229 627 P 003 229 628 Receipt for . Cettified Mail Receipt for No Insuiance Coverage Provided ~ Certified Mail ~ Do_not use for International Mail No Insurance Coverage Provided (See Reverse), ~ D r~ot`use~for tnternational Mail Sen [ ~Re%irsel \ se ro Street and No.; I • 1 / •I $tr9gt Bn 0 I IJ'~~ ~ P.O., St t~ e and ZIP ~ e ~ gv-p Stat b d 1P dfl6 1/49 -1 Postage ~ ~ Postepe ~ Certified Fee Certitied Fee Spetial Delivery Fee Spacial Oelivery Fee I, ~ Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing p~j to Whom & Date Del'rvered Retum Receipt Showing ~ m Retum ReCflipt Showing to Wtwm, lm to Whom & Date Oel'rvered l~ i c Date, and Addressee's Address Return Receipt Showing to Whom, ~ TOTAL Poetege c Date, and Addressee's Address C; & Fees TOTAL Postage s . 7 0 Postmark or Date O& Fees ~ Postmark or Date , M i E Lo i E LL ~ o` I ~ Z 076 149 098 P 003 229 626 Receapt fov Receipt for ~ertafied Mafi0 ~ Certified Mail ~o No insUrance Coverage Provided No insurance Coverage Provided See,Reve se~r International IVlail = Qo not use for International Mail (See Reverse) ut ~I ~ c U Street and N'. ~1~7~ ~ S e and No~ ~ P.. Sta e0aod/ kFfG e QrState ~nd ZIP Co 9~ C.V ~1/ Postage 5~7$ 4 . Postape ~j $ . 3 ~ Cenified Fee Certitied Fee , 3 i Special Detivery Fee Special Del' e y~" /,s . IcRestricted DeGvery fee Reshicte t'- I ery Feel i'; J1 U ~ Return Receipt Showing ~ Return Ra @i~jt how' w Ol [o Whom & Date Delivered 1.1 O p) to Whom LZate ~ ~ 1 Return Receipi Showing to Whom, m Return fleCeip t yyh 1~ cts Date, and Addressee's Address C Date, and Addre ~ TOTAL Postage TOTAL PoStage ~ & Fees $ / C; 8 Fees $ ` ~ Postmark or Date 0 Go Postmark or Date e'0 M € E ~i- U. a I a m SENDER: I also wish to receive the v■ complete tterr s~.°,41or 2 for additionaf servicea. for an ~ ■Complate rtertu 3, ;z, ar~d 4b. f0110w1n9 services (m■ Prtrrt your name and addresa on the reverse of this fortn so that we can retum ihia 8Xtf8 f8A): ~ card to you. ~ ~■qitach this fortn to the hom of the mailpiece, or on the badc H space does not 1,❑ Addr8SSe8'S AddfeSS Z N m■ Wnte Retum Reaeipr Requested" on the maitpiece below the aAide number. Q. ❑ Restricted Delivery ~■The Retum Aeceipt wiU show to whom the artide was delivered and the date a Is your RETURN A ~d on the reverse side? c ~tryef~ Consult postrnaster for fee. o ~ ~ rn ~n 2 ~ n w ■ ■■■iH ~ ~ 3. Article Addressed to: da. Article Number m 5• 0 ~ ~it - - ~ x ~ ~ mxm~.~o,'~~v_a0 m 0 ' -1 0~ m$ ~ mm o ~ m m RI a 4b. Senrice Type « ~ < ~ ❑ Regstered ~ Certified c a; C`'~p a ~0 b~ c~ 3'~ ~ S c h m i d Y s S a n i t a ry Service, Inc. 8325 SW Ross ❑ ExPress Mail p Insured ~ ~ y I• ~ s~~ ~ ❑ RetUm Receipt fof Me dise COD 2 ~ O O a o igard, OR 97223 ~ ~ ~ 7g ~ a ~ N 7. Date of Delivery, ~ &2 Q O m m - ~ f~ ° o °o° ~ 1 o 3 n o~ 5~cei d B:(P~nt Name) B. Addressee's Addr ss ( y if raqu sted ~ ~ ~ ~ 0 11 • and fee is paid) t ~ 2 ~ ° oo~ H ` a) g~ m ~ 6. Si ature: (Addressee or Agent) ~ cD ~ r 0 ~m' ~ o h g ~ m i 3 1 v s a PS Form 3811, December 1994 102595-97-B-0179 Domestic Return Receipt 3E (D n o v ~ m f m _ Z o nm= ~ m N f 7 Q ~ m c'~n CD V❑❑❑ Q t ? c o ~ ~g m SENDER: m c o. m~~~ 3. p vComplele itema t andlor 2 tor additional sarvicae• I R1SO Wish to reCBfve lhe ~ mo, a m i 0 m 3 ■ Compiete it6m§ 3. aa, and ab. following services (for an m v u',• 7° ~ m~~ ~ ■z ~ m■P~iM your name srd address on the reversa of this torm so Mat we can retum this eXt[a fee): ~ y ~rL o - ~ card to you. m m m• A t t a c h t i s f o rt n t o t e i r o n t ot the mail p iece, or on tt~ badc if spaoe does not 1. ❑ Addressee's Address Z 3 a ~io d (D m■ Wrrte Retum Receipt Aequesfed' on the mailpieoe below the artide number. 2. ❑ ReStliCted Delivery tll co _D :V O m rp N ~ ~oThe R e t u m R e c e i p t M/ p s h w+ t c w h o+ n t e aAtd9 wae de~~ed a^d the date ~nSU It s tr n a s ter for fe e. 0 a 0 0 a m? C de1'rvared. ~ 8 - ~ ~ ~ m A ~ 4al3, ae Number a m ~ 3. A rt f d e A d d r e s s e d t o: o C ~ a m co m m ~ ~ , o o~ ~ 1 m o y o m a 4b. Service Type m ~ i n ~ ~ m m n = m ac ~ m o o Susan .Logan c, ip m . ~2 m " Portland General Electric ❑ Resistered a a a 2 ❑ E x prass Mail ❑ Insured ~ p Q. . 121 S1'IV Salmon, 1 W T C- 0 5 0 2 0 Retum Receipt for Merdiancfise ❑ coo 0 P o c t lan d, O R 9 7 2 0 4 7'hank you for using Retum Receipt Service. 7. Date of Defivery o 8. Aadressee's Address (Only ii requeste0 C 5. R By. (Print Nama) and (ee is pald) ~ ~ 6. Si : (Addressee or ent) 0 T W PS Form 3811, December 1994 102595-974e-0179 Domestic Retum Receipt m SENDER: - I also wish to receive the 13■Canplete items 1 and/or 2 far add'iUanal services. ~p~(pyyj~ services (tor an w■Complete rtems 3, 4a, and 4b. 9 m■ PriM yow name and address on the reverse of this form so that we can retum this gxtra f88): ~ ~ card to you. ~ ■qttach this fortn to the frorrt ot the mailpiece, or on the badc'rf space does not 1. ❑ Address8e'S Addr9ss Z N m■ Wnte Retum Reoeipt Requested' on the mailpiece below the artide number. 2. ❑ Restricted Delivery r~ ■The Retum Receipt will show to whom the artide was delivered and the date a ~ deiNered. Consult postrnaster for fee. ~ Is your RETURN AODRESS completed on the reverse side? CO) ~ ~ rn y+ w . . . . . ■ ° m 3. Artide Addressed to: 4a. Article Number _ m ~ -I Q ~ c o ~C(o m ~ -o D --I a ~y 0Z a E 4b. ServiceType d ~ 3 m, ~ Q..-r'. ~ ° m~. o o < a> > v m S~m ?o;m m m S m Pride Disposai Service, 111C. ❑ Registered Certified ~ ~ ~ a ~ o v a D 3 0~~ m m.o PO BOX 820 O Express Mail ❑ Insured S o x~~' m ~ m CO w m m~ m~ , Sherwood, OR 97140 ❑ Retum Receipt for Merchandise ❑ coo o ~ a ~ ~~~g ~ 7. Date of eli ery ~ m ~ p~~~ a W~ o a; o t !Q L m o w Ao 5. Received By: (Print Name) 8. Addressee's A d dress ( On ly i f reques te d (D ~ - a O ~ W G~ and fee iS paid) r a t co (D 3 m o I I E"' 3~ g 6. Signa re: (Addressee or 0 m3 g a~ X ` gm ~ T cn Q~: o y 3. ~ PS Form 3811, De ber 1994 102595-97-B-0179 Domestic Return Receipt m g ~ m 3 ao o ~ m m 3 m ~ a a v ~ N p Gm N v❑❑ ❑ ° v , N ~ c o° w m Qa ° m x m m ND m~ ~ S5'VDE Rems 1 and/or 2 for additional services. I also wish to receive ifie m m m~ m _ g ~•Complete itema 3, aa, and ab. following services (for an y m v ~ z ~ ~ ■ PriM your name and address on the reverse of this fortn so that we can retum thia extra fee): p y~ a`< < c~ m - ~ card to you. m p ~~i m this fortn to the froM ot ihe mailpiece, or on the badc H space does not 1 . O AddreSSeA's AddreSS 3 o ~ m ycN @i~ cer ~ m■ W e'Retum Receipt Requested' on the mailpiece below the artide number. 2. ❑ ReStdCted Delivery ~ ~ m ~ m 10 57 ~ ~■The Retum Receipt will show to whom the artide was delivered and the date o m a~~ y~ ~ deiivered. Consult posbnaster for fee. ~ ~ p ~ m g ~ 3. Article Addressed to: 4a. Article Number ~ v'+ m a m ~ 03 m ~ m Oo3 a~ a:~ > o 01K.. j o m y a m ~ NW Natural Gas Company ae• semce Type m ~o m 0; 0 O ~ a ~ g o O y m m a m ~ m 0 Customer Accounting Department ❑ Registered Certified ~ m ~ m,2 ~ U)l m 222 NW Second Avenue ❑ ExPress Mail ❑ insured ~ ~ 4 a a y p Retum Receipt for Merchancflse ❑ COD ' Portland, OR 97209 o F Thank you for using Retum Receipt Service. 7. Date of Delive w 2 I - /U - ~ 5. Received By: (Print Name) 8. Addressee's Address (Onty i1 requested flg and fee is paid) t ~ ~ 6. Sig =re: e Agent) 0 . X T W - PS Fortn 811, December 1994 102595-97-e-o179 Domestic Retum Receipt m SENDER; v■ Complete items 1 and/or 2 for additional servicea. ( also Wfsh to recaive the of •Complete items 3, 4a, ena ae. following servlces (for an ~ ■Prtrn your name and addresa on the reverse ot this fortn so that we can retum this gxtra f88): caro to you. g ~■Att~ i this form to the frorn of the mailpiece, or on the badc if space does not 1 , p Addressee's Address ~ m•wn'te'Aetom Reaeipt Requested' on tAe maflpiece below the erticle number. 2. ❑ ResMcted Delivery ~j ■The Retum Receipt will show to whom the aRide was delivered and the date ~ c delivered. Consuft postmaster for fee. ~a 3. Articte Addressad to: 4a. Article Number ~ 9 - - - 0-76 iLiq 09 E ~ ~ Pacific NW Bell Telephone Co. ab. seMce Type o ti f Sue Knable or Pat Prouse ❑ Registered ACerttfled ~ 450 110th NE, ROOm 409 ❑ Express Mail ❑ Insured -E -~eilevue, WA 98004 ❑ Retum Receipt for Merchandlse O COD ' , T. Date of Delivery ° ~ )7 o ;W. 5. Received By: (Prfnt Name) 8. Addressee's Address (ONy if requested ~ and fee is paid) F_ g 6. Signature: (Addressee orAgent) X PS Form 3811, December 1994 102595-97-13-0179 Domestic Return Receipt I , d SENDER: ■Complete items 1 and/or 2 for additional servicea. I flISO WISh t0 f8C81V9 tF18 ~■Compiete items s, aa, and at. following services (for an ~ ■ Prim your name arid addreas on the reverse ot this form so that we can retum this gXtra fe8): card to you. g ~■Attach this tortn to the frorn of the mellpieoe, or on the badc it space does not 1,❑ Addr8S58A'S Addr9SS ~ ad. Pemtit. ~ m•wdte •Retum Receipt Requested• on the mailpiece betow the article numbec 2. O RBStriCted Delivery y ~■The Retum Receipt will show to whom the artlde was delivered and the date o deuvered. Consult postrnaster for tse. ~ v 3. Article Addressed to: 4a. Article Number ~ ~ a 5 2L1 QO E , 0 4b. Service Type 0 Miller's Sanitary Service, (t1C. ❑ Reglstered ~cerfifled ~ PO Box 217 ❑ Exprass Mail ❑ Insured .5 Beaverton, OR 97075-0217 ❑ Retum Recelpt for Merchandise ❑ coo m 7. o t f D1lvery 5. Recelved By: (Print Name) 8. Addressee's Address (O !y if requested and fsa is paid) ~ 3 6. Si :(Add~essee r Agent) ~ o - ~ m - Ps Form 3811, December 1994 102595-97-B.0179 Domestic Return Receipt s m SENDER: I also wish to receive the ~•Comp:ete items 1 and/or 2 for additional servicea. m■Complete items 3, aa, and ab. following services (for an m■ Print your name and address on the reverse of this fortn eo that we can retum thia 8Xtf8 f99): ~ card to you. ~ ~■Attach this fortn to the frord of the mailpiece, or on the badc if space does not 1, ❑ AddrBSSee's Addf9S3 Z m pertnit. q~ d■ Write'Retum Receipt Requested' on the maflpiece below the erticle number. 2. ❑ ResMcted Delivery t~ ~■The Retum Receipt will show to whom the ertide was delivered and the date ~ ~ deuvered. Consult postrnaster for fee. ~ 3. Artlcle Addressed to: 4a. Artide Number d oo5 aa9 ~a E E Unifed Sewerage Agency Admin. 4b. ser~ce Type ~ 0 Washington County Admin. Bldg. ❑ Reyiscered XCertifted ~ 150 North First Street O Express Mail ❑ Insured ~ W ❑ Retum Receipt for Merchandise ❑ COD ~ Hillsboro, OR 97124 0 p 7. Dat of De ery r- - 5. Received By: (Print Name) 8. Addressee's Afddress (Only if requested ~ and (ee is pafd) ~ g 6. Sig ture• (Addressee orAge i. ~ ~ PS Fom, 3811, December 1994 102595-97-e-0179 Domestic Return Receipt m SENDER: - - I also wlsh to receive the v■Complete items 1 and/or 2 for a Gonal service9~, - m ■Complete items 3, aa, end ab. following services (for an ve'rse of this fortn eo that we can retum thls gXtf8 f89): ~ d■Print your name and addresa on the ~ q rn~lpiece, or on the badc if space does not Z ° ■ tt cA th~s fortn to the hoM of the 1. ❑ Addressee's Address ~ ~ pertnit. W m ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ ResMcted Delivery N ~ ■The Retum Receipt Nnll show to whom the artide was delivered and the date ~ c dervered. Consult postrnaster for fee. ~a. Artlcle Number ~ ~ 3. Artlcle Addressed to: 4 t-~ S aa ~b~ E a 4b. Service Type ~ ~ MACC ~ ~ ❑ Registered J;A Certified m 0 Attn: Bruce Crest ~ W .1815 NW 169th ❑~Press Mail ❑ Insured Z ❑ Retum R ipt for Merchandise ❑ COD ' o 'Beaverton, OR 97006 7, Date of D ~livery w ~ 0 :ph 5. Received By: (Print Name) 8. Addresse 's Address (Only if requested r and fee is a1d) ~ g 6. Signaturp ~•(Addressee or gent) 0 X ~ Ps Form 3811, December 1994 102595-97-a-0179 Domestic Return Receipt , . ~ • 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: 3813 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3813 commenced upon receipt by the Boundary Commission of a property owner/registered voter consents from the City on September 16, 1997, 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 October 16, 1997. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: "(a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "fc) 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 Final Order - Page 1 . • s resources. A single governmental agency, rather than several governmental agencies is in most cases better able to assess the financial resources and therefore is the best mechanism for establishing community service priorities. "(2) It is the intent of the Legislative Assembly that each boundary commission establish policies and exercise its powers under this chapter in order to create a governmental structure that promotes efficiency and economy in providing the widest range of necessary services in a manner that encourages and provides planned, well- ordered and efficient development patterns. "(3) The purposes of ORS 199.410 to 199.534 are to: "(a) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies; "(b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government; "(c) Provide an impartial forum for the resolution of local government jurisdictional questions;. "(d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary dexerminations 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 . • • "(c) Territory within a district may not be included within or annexed to another district subject to the same principal Act." The Commission also considered its policies adopted under Administrative Procedures Act (specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and decisions and past direct and indirect instructions of the State Legislature in arriving at its decision. FINDINGS (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved Boundary Change Proposal No. 3813 on October 16, 1997. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of October 16, 1997. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION DATE: BY: &M~6~ cQ Chair ATTEST: Final Order - Page 3 0 • Exhibit A Proposal No. 3813 FINDINGS Based on the study and public hearing, the Commission found: 1. The territory to be annexed is located generally in the west part of the City, on the north edge of SW Fonner Street, west edge of SW 1 15th Avenue, and south of SW Carmen Street. The territory contains 3.69 acres, is vacant, and evaluated at $184,680. 2. The property owners desire City services to facilitate single family residential development. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. 4. The property owner whose property is entirely surrounded by this annexation is not interested in annexing his property at this time. The Commission could not modify the proposal to include this lot without violating the double-majority requirements of the law. 5. The parcel contains trees and vegetation, and slopes in a northeasterly direction. There is a steep slope of 20% or greater along a swale traversing the norihwest corner of the site. 6. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 7. The territory is located within the County's West Tigard Community Planning area. The West i Tigard Plan states: The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some ponions may be able to obtain the services for urban development required by the County urban growth management I policies through service districts other than the City. Because of this possibility for develop- ment in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard. The County Plan designates the site as R-5, 5 units per acre. 8. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and Final Order - Page 4 , , • Exhibit A Proposal No. 3813 expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 9. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. The subject property falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: A. Active Planning Area 1. Definition Active Plannin4 Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible..... 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-1 1 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. , 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area. 10. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The Tigard Comprehensive Plan Polices relevant to this case are provided here: Final Order - Page 5 . , . • • Exhibit A Proposal No. 3813 7.2.1 a. A site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse off-site impacts; b. Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can solve on-site drainage problems and will ensure no adverse off-site impacts; c. All drainage can be handled on-site or there is an alternative solution which will not increase the off-site impact; e. Erosion control techniques be included as a part of the site development plan. 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. ' Final Order - Page 6 . • : ~ ~ II Exhibit A Proposal No. 3813 10.1.2 Approval of proposed annexations of land by the city shall be based on findings with respect to the following: a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or b. The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; c. The police department has commented upon the annexation; d. The land is located within the Tigard urban planning area and is contiguous to the city boundary; e. The annexation can be accommodated by the services listed in 10.1.11a1. 10.1.3 Upon annexation of land into the city which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. The CitY conducted a zone chan9e Proceedin9 concurrent with reviewin9 the annexation and approved a zoning designation of R-4.5 to be effective upon annexation. The development is proposed to be developed as a Planned Development, with the natural drainage area dedicated as oPen sPace. The Ti9ard MuniciPal Code allows for a residential densitY transfer limited to the number of units which would have been allowed on 25% of the unbuildable area. 11. An 8-inch City sewer line in SW 116th Ave., which abuts the northern edge of the parcel, can be extended to provide service to the site. 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 I 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 resp.onsible 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. I Final Order - Page 7 . • . • Exhibit A Proposal No. 3813 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.. 12. An 8-inch water line located in SW 116th Ave. can be extended to serve the site, and an 8- inch line SW Fonner St. is adjacent to the southern edge of the parcel. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn incorporated territory from the District and established a Tigard Water Department. The Tigard Water District contracts with the City to service customers within the Water District boundaries. The City intends to withdraw the territory from the District pursuant to an intergovernmental agreement between the two entities. 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 $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. 13. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .7481 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. 14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 15. The Washington County Transportation Ptan designates SW Fonner St. as a collector. The City staff has indicated that initial plans for development include extending 1 16th Ave. through the subject parcel. 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 (evy of $.2886 per $1000 assessed value will no longer apply to the property. 16. The site naturally drains into the swale along the northwest corner of the site, which flows into a wetland area in the southeast corner of the northern adjacent parcel. The applicant has indicated that the site will be developed with open space to preserve the natural state of the existing drainageway, and that Final Order - Page 8 . • • Exhibit A Proposal No. 3813 storm drainage for the area is currently at capacity. Any future development of the site will require a downstream storm drainage analysis to determine the extent of water quality and/or water detention that may be necessary. City staff has indicated that within this area storm drainage is a problem, which is exacerbated by the limited sanitary sewer service. The developer will be required to manage storm water drainage in compliance with City ordinances. , The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. 17. The territory is within the Washington County Service District #l1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation it will be , automatically withdrawn from the District. ~The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon instaltation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. 18. 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. REASONS FOR DECISION Based on the Findings, the Commission determined: 1. The proposal is consistent with City, County, and Regional planning for the area. 2. Subsequent to annexation an adequate quantity and quality of public services will be available to the area as required by ORS 199.410(3)(b). 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005)and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05- 015.) Final Order - Page 9 . • . • . Exhibit B Proposal No. 3813 LEGAL DESCRIPTION ANNEXATION TO City of Tigard A tract of land located in the Southeast one-quarter of the Northwest one-quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the initial point of the plat CARMEN PARK; thence S 00046' W a distance of 492.34 feet to the north right-of-way of SW Fonner Street; thence N 89057' E a distance of 401 feet to the west right-of-way of County Road 495; thence N 00046' E a distance of 100 feet; thence Westerly a distance of 205 feet; thence N 00046' E a distance of 194 feet; thence Easterly 205 feet to the west right-of-way of County Rd. 495; thence N 00046 E, 168.80 feet, more or less; thence N 87046' E a distance of 20.00 feet; thence N 00146' E a distance of 34.54 feet; tfience S 89057' W a distance of 421 feet to a point on the east line of Lot 8, CARMEN PARK; thence S 00046' W a distance of 17.34 feet, more or less, to the Point of Beginning. ALSO INCLUDING THE FOLLOWING DESCRIBED TRACT: Beginning at the initial point of the plat CARMEN PARK; thence S 00046' W a distance of 492.34 feet to the north right-of-way of SW Fonner Street and the True Point of Beginning; thence S 00046' W a distance of 40.00 feet to the southerly right-of-way of SW Fonner Street; thence N 89057' E, along said south right-of-way, a distance of 441.00 feet to the east right-of-way of County Rd 495; thence N 00046' E along said east right-of-way a distance of 504.33 feet to the north right-of-way of County Rd 495; thence S 87 046' W along said north line, a distance of 40.05 feet to the west line of said County Rd.; thence S 00046' W along said west right-of-way, a distance of 462.80 feet to the north right-of-way of SW Fonner Street; thence S 89 °46' W, along said north line, a distance of 401 feet to the True Point of Beginning. Final Order - Page 10 • . " • ~ PROPOSAL ■ 3813 SE1 /4 NW1 /4 SECTION 3 T2S R1 W W.M. 2S 1 36D Washington County Scale: 1 200' = w ` T ~ ~ . ~ 00 S w ' 2ao i .co,... ' •oo =cc'~ , J : ~ • i ~ 400 602 5 ' • 1 13A, ~ ~ 1:.~~ 1I. 771r. I 1 1 8~ • nl.e. I •C1,072t I_ I 1~ -1i S~ :t • I r~~~~ V'4 TIGARD ~ .'s +r'M~~1 • ~ep;'1'~~~ ~ ~ ~ r~~• ~oa rr ~ _ i ~ . '-;is ~ J •i I ~ ~ I W r.:ais. / ~ ~ i yZ 1300 23 _1 V1 ~ ~ f 210~ ~t ~ I e~ a 10 >l. ,.n.~. 1 p l..zo00 NPtTTa I' ~ 17c» `B~ • ~ ~ e • \ I- ~ ` Y" 6C£ ~ . %aCA ~ ,Iw •e~ ee„ .n n• ' w I ` &00 , 1 ~ ~I• I~ '19CD 2200 . .~t t6 •j: 17 :j'• 12 ~ I r I . . ~ L u \ ` ~n CR.'472SS •rom~ S CARMEN STREET " a ~ ~ •,0 2'ap , 2fG0 1 2503 24OD i tSW -t 5000 ~ I 2900 ~ 28C0 ~ , _ . cqi.'L ~ ( 8 a y tl 6 ~ 7 EI: 8 : t if- 8 ~ I sl ~ i i i .t I. w•M • t ~ fo'~ ~ O • ~ ~ . . a o . :;:,?ti::::4.;i1•y':':~ • Ha ws 3800 ,......:;:2;~.':::~..... 5200 • ' -i,a:r4wT 4•400 .L••' I.. . .w•~ ; 3500 a00D J.q.a 1• .I . j~;;; AREA TO BE = ANNEXED 3so0 8 ou?:•; :•4 ~001 ~ W... 3~00 i; •AOi . .atr .si~~ ( ♦ 1 4•'.`•: • 1 . I.5doo ;•roo,• ' 3e00 i.:a1 ~ azoc I4300 k. .,sa. ..L 11 ~ • ~ ,~i y.~ ..~r~\ I :e" ,r ~ ~ •'a ' C. vsc.raM , • _ $ hY _ ` 1 ~ ti.,: ; . , . ~ • ~ :~;~It~;N~Fi::>:<:::<::::::::s::"<:»::::;::::::<;:>:<::...~~.':~£~:~'S'q:::?>::::> : _ . . . T.~ ! . ~ . . . . SCC wP 25 I !C ' C PROPOSAL NOa 3813 /Kc~►Ti~~~ CITY OF TIGARD ANNEXATION FIGURE 2 AdhIL I , September 3, 1997 J Ms. Pam Danzer CITY OF TIGARD Westlake Consultants, Inc. Pacific Corporate Center OREGON 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 Dear Ms. Danzer: This letter is a follow up to your copy of the August 6th, 1997 meeting minutes, received by the City of Tigard on August 27, 1997. I have a few clarifications to the minutes as follows: 1. The City does not recommend a cash mitigation. The tree removal provisions allow such a payment as one, of three mitigation measures. 2. The City's code appears to have no room for compromise. The tree removal provisions and mitigation requirements are in response to the applicanYs proposal, with the degree of mitigation dependent upon the trees removed in response to the proposed plan. There is no room for compromise in the sense that mitigation levels are standards that need to be met. 3. Staff does not support a reduction of mitigation for trees within the right-of-way because the standards do not allow a reduction or exception for such trees. 4. My statement that "this site was not that special" seems to be taken out of context. The statement was made in the discussion of variance standards that requires the applicant demonstrate that there are special circumstances and that the variance is not self-imposed. Tree mitigation expenses are not listed approval criteria for variances. If you have any questions conceming this information, please feel free to contact me at (503) 639-4171. Sincerely, Lo&.40 ~OMdk&- William D'Andrea Associate Planner, AICP c: Richard Bewersdorff, Planning Manager ZCA 97-0001-Fonner Annexation land use file 1997 Planning correspondence file iAcurpln\wilPdanzer.ltr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . . • • . RECD AUG 2 7 1997 WESTLAKE CONSULTANTS iNC. TRANSMITTAL ENGINEERING ♦ SURVEYING ♦ PLANNING Phone: 503 684-0652 Fax: 503 624-0157 Date: August 26, 1997 Project No.: 619-11C To: Will D'Andrea Project Name: FONNER CITY OF TIGARD ' 13125 SW Hall Blvd. Tigard, OR 97223 From: Pam Danzer Re: Fonner St. Property Tree Mitigation No. of Copies Dated Description 3 August 15, 1997 Meeting Minutes Comments: 'Will - per our earlier conversation, I have enclosed a copy of the Minutes of the meeting held on ' August 6, 1997 for you to review. Please forward a letter to Dave Amato, on City letterhead, stating the City's position. Thank you Pam Fax ❑ No. of Pages (including cover) Fax No. Mail ■ Messenger ❑ Overnight ❑ Hand Delivery O I I 1 Pacific Corporate Center, 15115 S.W. Sequoia Pazkway, Suite 150, Tigard, Oregon 97224 ~ . • • WESTLAKE CONSULTANTS iNC, MEMORANDUM ENGINEERING ♦ SURVEYING ♦ PLANNING Phone: 503 684-0652 DATE: August 15, 1997 TO: Dave Amato, Mike Woodley FROM: Pam Danzer RE: Fonner, 619-11 Meeting Minutes for August 6, 1997 CC: Pam Vann, City of Tigard-Will D'Andrea Attendees: Pam Vann, Pam Danzer - Westlake Consultants Dave Amato - DAAL Homes Jim Hendricks, Richard Bewersdorff, Will D'Andrea - City of Tigard The reason for this meeting was to discuss the issue of tree mitigation required as part of development of TL 4400. Due to the number of trees on the site and the recommendation of "clear cutting" by a certified azborist, the question of the extent of mitigation required has surfaced. The City's goal is to plant 2000 trees by the year 2000. Currently they have no inventory of land where additional trees can be planted as part of the required mitigation. The City recommends a cash mitigation payment. The current condition of the site, the type of proposed development and the number of trees that would need to be mitigated, preclude mitigation of the removed trees on the site. The City verified that the developer is required to mitigate all trees on the site including those within the ROW connection required by Metro and the City. No reduction in the mitigation of trees within the city required ROW was supported by staff. The money gained by selling the trees harvested from the site may cover the costs of logging the site, this needs to be verified by the arborist and logging contractor. Pam Vann tried to find some balance between the City's requirements for mitigation and the developer's right to a reasonable cost to develop. The City's Code for tree mitigation has no room for compromise. ~ . ~ Memorandum August 15, 1997 ' Page 2 of 2 ' A hardship variance was brought up to address the expense of development of this site due to the number of trees. Will D'Andrea stated that this site was not that special within the City of Tigard and he, as a city planner could not support a hardship variance based solely on the expenses of tree mitigation. To help in decreasing the impact of crossing the wetlands, the City would support a twenty-eight foot pavement crossing the natural resource area. The City stated that a tree inventory is needed to completely evaluate the impacts of the proposed development and the required value of mitigation that may result. Cluster housing was discussed as a possible way to reduce mitigation costs. Westlake submits these minutes to the City of Tigard for their review. If any item was described incorrectly or incompletely or is in need of clarification, please contact Pam Danzer. PD/lad h: ladmin16191 I Imeetingslmm81597.doc . , ~ ~ REC`a A U G 2 7 1997 WESTLAKE CONSULTANTS iNC. MEMORANDUM ENGIIJEERING s SURVEYING o FiANNLVG Phone: 503 584-0652 DATE: August 15, 1997 TO: Dave Amato, Mike Woodley FROM: Pam Danzer RE: Fonner, 619-11 Meeting Minutes for August 6, 1997 CC: Pam Vann, City of Tigard-Will D'Andrea Attendees: Pam Vann, Pam Danzer - Westlake Consultants Dave Amato - DAAL Homes Jim Hendricks, Richard Bewersdorff, Will D'Andrea - City of Tigard The reason f'or this meetinQ was to discuss the issue of tree mitigation required as part of development of TL 4400. Due to the number of trees on the site and the recommendation of "clear cutting" by a certified arborist, the question of the extent of mitigation required has surfaced. The City's goal is to plant 2000 trees by the year 2000. Currently they have no inventory of land where 4 additional trees can be planted as part of the required mitigation. The City ecommends cashmitigation 3payment. The current condition of the site, the type of proposed development and the number of trees that would need to be mitigated, preclude mitigation of the removed trees on the site. The City verified that the developer is required-to mitigate all trees on the site including those within the ROW connection required by Metro and the City. No reduction in the mitigation of trees within the city required RO W was supported by staf£' - ~ - - - - - , - - - The money gained by selling the trees harvested from the site may cover the costs of logging the site, this needs to be verified by the arborist and logging contractor. Pam Vann tried to find some balance between the City's requirements for mitigation and_the_developer's right to a reasonable cost to develop. The City's Code for tree mitigatioas-no roo'm for compromise. Memorandum August 15, 1997 Page 2 of 2 jr-) - 01V A hardship variance was brought up to address the expense of development of this site due to the number of , trees. Will D'Andrea stated that this site wa&n t that specia within the City of Tigard and he, as a city planner ~ could not support a hazdship variance based solely on the expenses of tree mitigation. G To helP in decreasing the impact of crossing the wetlands, the City would suPPort a twentY- eight foot , pavement crossing the natural resource area. The City stated that a tree inventory is needed to completely evaluate the impacts of the proposed development and the required value of mitigation that may result. Cluster housing was discussed as a Possible waY to reduce mitigation costs. Westlake submits these minutes to the City of Tigard for their review. If any item was described incorrectly or incompletely or is in need of clarification, please contact Pam Danzer. PD/lad Ih: ladmin16191 I Imeetingslmm81597.doc I ~ . • • REQUEST FOR COMMENTS . ~ CtTY OF TIGARD OREGON ' TO: Per Attached List DATE: ,luly 29. 1997 FROM: Tigard Planning Division STAFF CONTACT: L,aurie Nicholson Phone: (503) 639-4171 Fax: (503) 684-7297 RE: ZONE CHANGE ANNEXATION (ZCA) 97-0001 FONNER STREET REQUEST: The applicants, DAAL Homes/Eaton Properties, are requesting annexation of Tax Lot 4400 (2S1 3BD) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE REVIEW CRITERIA: Tigard 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: Currently Washington County R-5; proposed City of Tigard R-4.5. Attached is the vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8,1997. You may use the space provided below or attach a separate letter to return your comments. lf 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: Phone Number: . • ,7 G°f~ ~~-vvv► OEQUEST FOR COMMENT* NOTIFICATION LIST FOR LAND USE & DEVELOPMENT APPLICATIONS CIi Area:..(W) (S): (E (G). C11'IZEN IMLOLVEMENT.'[EAMS. ; Placed for review in,-Libcary CIT Book V:q : . , ; . , : . . • : : . > : ; . CTIY DEPAlt1'MENTB. ~ . , BLDG. DEPT./DOV1d $COtf, ewA*womcm POUCE DEPL/Yee! a`„e iwnoreea _OPERATIONS/JOhn ROy. Aovabm~u. ~ _ CITY ADMIN./Cothy Wheatley, aaa..,d. ) ENG. DEPT./Br9aniIaejer, ~6 COM.D . DEPT./D.S.T: S r ADV. PLNG./Nadine Smith, ww.g. WATER OEPT./Michael Miller, o~ Mv.rorwaft++L ew 5( 1n'f'e6t awm 1,0 Ah G~ ( y ~ . , . . , • > : : . <::::;:;::<>;>":>~~>::::>:::,: ~ ~ ?::;`;::<:<s:'::'. . J : . . . . . SPECIAL:DISTBIClS;;:. ; , . . . . . ~ FIRE MARSHAII UNIf1E0 SEWERAGE AGENCY _ TUALATIN VALLEY WATER DIST. , ene Bircheli SWM Pr09ram/Lee Walker PO Box 745 Wa. County Fire Disfict 155 N. First Street Beaverton, OR 97075 Ick-u box Hillsboro, OR 97124 , . APPECI'ED JURISDICTIONS ~ WA. CO. DEPT. OF LAND USE 3 TRANSP. METRO AREA BOUNDARY COMMISSION METRO-GREENSPACES 150 N. First Avenue NE Oregon St. # 16. Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue t Portland.OR 97232-2736 ~ Brent Curtis (CPA's) STATE HIGHWAY DIVISION ' 3trim Tice (IGA'S) Sam Hunaidi METRO Mike Borreson (Engineer) PO Box 25412 Mary Weber Scott King (CPA's) Portland. OR 97225-0412 600 NE Grand Avenue Tom Harty (Current Planning App's) Portland, OR 97232-2736 _ Lynn Bailey (Current Planning App's) OREGON DLCD (CPA's/ZOA's) 1175 Court SNeet, N.E. ODOT/REGION 1 ' CITY OF BEAVERTON Salem, OR 97310-0590 Transportafion Planning Larry Conrad, Senior Planner 123 N.W. Flanders ~ PO Box 4755 _ CIT1f Of PORiLAND Portlond, OR 97209-4037 1120 SW Sth ~ _ CITY OF BEAVERTON Portland, OR 97204 _ ODOT/REGION 1, DISTRICT 2-A Mike Matteucci, Neighborhood Coordinator Bob Schmidt/Engineering Coord. PO Box 4755 ' CITY OF DURHAM 2131 SW SCholls/PO Box 25412 Beaverton, OR 97076 Planning Director Portland. OR 97225 ; Beaverton, OR 97076 City Manager PO Box 23483 _ CITY OF LAKE OSWEGO CITY OF TUALATIN Tigurd, OR 972813483 City Manager • PO Box 369 PO Box 369 Tualatin, OR 97062 _ 6`OTHER% Lake Oswego. OR 97034 CITY OF KING CITY City Manager 15300 SW 116th Kin Ci , OR 97224 . . . . . BPECIAL AGENCIES GENERAL TELEPHONE ELECTRIC PORTlAND GENERAL ELECTRIC COLUMBIA CABLE CO. Poul Koft, Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigodoon Court Tigard, OR 97281-3416 BeaveRon, OR 97007 Beaverton, OR 97005 NW NATURAI GAS CO. rr~e:(aw) 721-2w METRO AREA COMMUNICATIONS TRI-MET TRANSIT DEVELOPMENT Scott Palmer wr esM 721.nM Jason Hewitt Kim Knox, Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland. OR 97209-3991 1815 NW 169fh Place 5-6020 Portland, OR 97232 Beaverton, OR 97006-4886 _ TCI CABLEVISION OF OREGON ~[US WEST COMMUNICATIONS SOUTHERN PACIFIC TRANS. CO. Linda Peterson Pete Nelson Clifford C. Cabe. Const. Engineer 3500 SW Bond Sireet 421 SW Oak Street 5424 SE McLoughlin Portland, OR 97201 Portland. OR 97204 Portland. OR 97202 BONNEVILIE POWER ADMINISTRAiION _ BURUNGTON NORTHERN RAILROAD PO Box 3621 Attn: Administrafive Offices Routing TTRC-Attn: Renae Ferrera 1313 W. 11 th Streef Porfland, OR 97208-3621 Vancouver, WA 98660-3000 : ~;8TAT~`:AQ`iENCtES:>::::::<:;:;::;;:::::::i::.>::::::;:i:>.;:;::::>;:::>''.:`::.;;>::;'.:::`>::>: <:::WD1itAL:A4ENCd8?:;::::>:;:.:;,.: . AERONAUTICS DIVISION (ODOn DIVISION OF STATE LANDS US POSTAL SERVICE COMMERCE DEPT.-M.H. PARK FISH 3 WILDLIFE Rondy HammoCk, Growth Corcl. PUC DOGAMI Cedar Mill Stotion DEPT. OF ENVIRONMENTAL QUALITY _ U.S. ARMY CORPS. OF ENGINEERS Portland, OR 97229-9998 - OTHER ln:\PonA„n,ie„\nc~x-f Aupus/2l 1996I CLACKAMAS MUTNOMAH WASHINGTON '1• A 1 METROPOLITAN A' A 1 ► GOVERNMENT :1 1A' 1 1 800 NE OREGON STREET # 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: (503) 731-4093 FAX: (503) 731-8376 September 22, 1997 Laurie Nicholson Associate Planner City of Tigard 13125 SW Hall BLVD Tigard OR 97223 Ref.• 3813 0 Dear Laurie: 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 October 2. 1997. Therefore, we would appreciate your c,ooperation in posting 3 copies of the enclosed NOTICE OF HEARING and map. They should be posted in conspicuous pJaces within and/or immediately adjacent to the involved area(s) and they should be placed in a manner reasonably calculated to be observed by the public. (The additional copy of the hearing notice is for your records.) Also would you please send us an "AFFIDAVIT OF POSTING." Thank you. Kenneth S. Martin Executive Officer KSM/Imr Enclosures STAFF COMMISIONERS KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair ROBERT ENNING,4 DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair MARILYNN HELZERMAN ALISA BRODHAY, Planner BOB BOUNEFF SY KORNBRODT LANA RULIEN, Administrative Assistant NATHALIE DARCY I STAFF REPORT i August 4, 1997 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS ~ 1. Generallnformation CASE: Zone Change Annexation 97-0001 REQUEST: To annex one parcel of 3.69 acres of unincorporated Washington County land to the City of Tigard and to change the comprehensive plan and zone from Washington County R-5 to City of Tigard Low Density Residential/R-4.5. APPLICANT: DAAL Homes/Eaton Properties 4351 SW Cullen Blvd. Portland, OR 97221 OWNERS: Walter & Yvonne Hordichok LOCATION: WCTM 2S1 3BD TL 4400 (see vicinitY maP). 2. Vicini Information The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner street borders the property on the south and east sides. The existing City boundary runs along the north boundary line of the site. The site is within the urban growth boundary. 3. Background Information The applicants approached the city with a request to annex the property so the property can obtain sewer service and develop the site as a Planned Unit Development. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The parcel is a"C° shaped vacant lot that is bordered on the by SW Fonner Street on the south and east sides. Tax lot 4401 borders the property on the east side, which makes the subject site "C" shaped, rather than a square shape. The subject site can obviously obtain access to SW Fonner Street from both the south and east sides. Staff has recommended that the portions of SW Fonner that front the subject site be included in the annexation request. There are steep areas around along the riparian corridor, located in the Northwest corner of the property. The applicants have requested that the 3.96-acre site be annexed to the City by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The applicants intend to develop the property as a 14 lot Planned Unit Development after annexation to the City. 5. 0aency Comments The Engineering Division, Public Works, Tigard Police and Water departments, Unified Sewerage Agency, Tualatin Valley Fire and Rescue District, PGE and GTE have reviewed the proposal and have no objections. John Roy of Public Works has commented that the owner should clear any vegetation in the right-of-way. This condition cannot be attached to the annexation application, however, these comments will be forwarded to City Code Enforcement after the property is annexed. 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 followin9 fndin9s: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department, Engineering, Water Department, USA and TVF&R have reviewed ~ the annexation request and have no objections. Adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied. Although this proposed annexation will create a boundary irregularity in the in short-term, over the long term the area will be annexed and therefore the entire Walnut Island will be part of the City. 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-4.5 most closely conforms to the county designation of R-5 while implementing the city's comprehensive plan designation of Low Density Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the 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 97-0001. AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I. L-a ur~e- being f irst dulY sworn, on oath dePose and saY: That I posted in the following public and conspicuous places, a copy of Notice of Public Hearing of the ;4v►oeX~ruin nE Praflzgsa ( n . 3 , a copy of said notice bein hereto attached and b reference made a part hereof, on the a S . day of 2x- . 19~- N on-e_ o ~e~ ~ bn Sa (D-(~ -Pg5 P Y-Ope~j ~ Name of Person Who Performed Posting Subscribed and sworn to before me this o~~ day of r 191?7 . ~ 666L'9'93A S3dIdX3N01SSIWWOO M Notary Public for Oregon b0£lh0 'ON NOISSIWWOO NOJ3!!O - oIlBfld l~~IblON ~ H3af1HO 'W 3NIa3H1VO My Commission Expires .ld3S ldlOlJ=10 effpost OFF'ICIAL SEAL CATHERiWE M. CHURCFO ? NOTARY PUBLIC - OREGON COMMISSION NO. 041304 MY COMMISSION IXPIRES FEB. 5,1999 ~ . REQUEST FOR COMMENTS ~ • CCTY OF TIGARD OREGON TO: John Early. Operations DATE: July 29. 1997 FROM: Tigard Planning Division STAFF CONTACT: Laurie Nicholson Phone: (503) 639-4171 Fax: (503) 684-7297 RE: ZONE CHANGE ANNEXATION (ZCA) 97-0001 FONNER STREET REQUEST: The applicants, DAAL Homes/Eaton Properties, are requesting annexation of Tax Lot 4400 (2S1 36D) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE REVIEW CRITERIA: Tigard 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: Currently Washington County R-5; proposed City of Tigard R-4.5. Attached is the vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 1997. 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: Phone Number: I ~ ~ ~ W ~ ~ swa:v CL ~ ,nppil p 1 ~ L ~ B1ET ' ERTAZ7A ~ - ~ ~ CT) ~o U ~ ~ ~ Vcinity Nfap - N ZCA 97-0001 Fonner Annexation t. ~ - ~ Vicinity Map ZCA 97-0001 ~ _ ::1 L: ~ ~r::.:..::•:1:~ ' . . ' I " i::::~:iiiiiii.. !~i':~.: ..•~.^r'~.•.::::.;:~~:~ ; . . . . ' . . . . j?t; -t--- . . • , ~ . . . iii ~ iE:iEi . i • ::::::::r ::::KY~^:. - / i 1L\i~c:% . • ~ ~~~r~ I ::!'G::::::~~%::::::.. .1::::: I / ~ ~.f•:....: ~t::.: ~ t::::: ~ r• l _ I t S e:"•::'•::~ ~..J'::~ f' ; ' ~ 1 ; ~ ; :r:::::-~: ~ I ~ ► i :r ~ ► ~ . , _ . E:......::.:; . . ► ~ ~ ( ► ~ CARMEN ; ST. `~7 ~ ; : FOhi, NEft--~ _ Subject ~ _ . . ~ 1 Parcel 1 ' I I E. ~ ~ FONNER; i ~ ~ , : i`::, si :°f.'r_~cc~:~ i ~_i G... ....~W ~ • ttl': ; , ! , ~ ! , ~ • ~ ~ ~T ~ ~ : GLF 'r'~ ..C.....~ y.. ui - ~ ~ , 1 ~ Q - v - ~ ~Y-- --W~~_:~•..-... ~~W~__... V W ~ ~-.~:a • w:; ; ~ ~ , - 7/ o . ~ O. . , _ , ~ --'r"- , , c`/v • _ . 1 p ..1.. : 2::..1 ~~:~":~':'L':~.•' ~ ~~`~~•'•-•.Y : ti.Y' ~ V.:... , , . , ~ i <0`::;::. : . I::.:. ~l• ::x.:~ i~°::i.....%;.:~-_.:... . _:t~c:.::r..:.._ , .::Y~ , , .Y..~ W . . ~ - _ -;:~Gt:, ~w. : . . , . , . • . .._M : \ , •'.c•....•.-r:...- : . . . . / _ - ~ ~ . :::=:r-::. ~-~:-::~;;:fi . • ; : • ~....r.r ~'ti~?:F: :i%~..u... :c...: ~ . . ~ . . : ~ ~ . . . . ii ..~:'~~~i.......... r. ~f~ ~r[i:~ :V •Q~•'.'t:l:::c:/~'f.•.: :i:~° ti Fic6-,. cS°::::I:' .:....:::a... . . . . . ~ , . . ~`i'~ , ..t:'c::L•ii'._::.;i:, ; . ' ~ • . . . :1 . r.:..... ,~.....:::z_.......,..t......~. ~ . .:.....:....~s.::~:::(C:.. t~ •c.. 1V ~ Subject Parcel w E Annexed City Property s 0.1 _ 0 0.1 0.2 Miles MEMORANDUM CITY OF TIGARD, OREGON TO: Laurie Nicholson, Planning Division FROM: Greg Berry, Engineering Department DATE: August 6, 1997 SUBJECT: Request for Zone Change Annexation (ZCA) 97-0001 Fonner Street We have reviewed the proposal and have no objection to it. Approval of the requested annexation should be conditioned upon annexation of the entire fronting right-of-way, including the portion along tax lot 4401. I ~ AGENDA ITEM # ~ For Agenda of Auqust 26. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Change Annexation ZCA 97-0001 PREPARED BY: _L.aurie Nicholson DEPT HEAD OK ITY ADMIN OK ~ =4=&= ISSUE BEFORE THE COUNCIL Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one parcel consisting of 3.69 acres located on SW Fonner Street, east of SW 121 st. - 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 one parcel of land, totaling 3.69 acres, which is contiguous to the City of Tigard. The applicant requests annexation in order to develop the property as a 14 lot Planned Unit Development in the City. Attached is a resolution initiating annexation and an ordinance to change the comprehensive plan and zone designations from Washington County R-5 to Tigard Low Density Residential, R-4.5. OTHER ALTERNATIVES CONSIDERED Deny the request. FISCAL NOTES Since the territory is within the City's active planning area, the City is responsible for the Boundary Commission application fee of $605. I , i ' CITY OF TIGARD, OREGON ORDINANCE NO. 97- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 97-0001). WHEREAS, the Tigard City Council held a public hearing on August 27, 1997, to consider a zonin 9 designation for one parcel of land located along SW Fonner Street east of SW 121 st Avenue; and WHEREAS, on August 26, 1997, 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 Low Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax Map. Lot Number Current Land Use New Land Use 2S1 3BD, lot 4400 Wash. Co. R-5 Low Density Residential Current Zonina New Zonina Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1997. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of , 1997. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 96- Page 1 I • CITY OF TIGARD, OREGON RESOLUTION NO. 97- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBITAAND ILLUSTRATED IN EXHIBIT B(ZCA 97-0001). WHEREAS, the Tigard City Council held a hearing on August 26, 1997, to consider the annexation of one parcel consisting of 3.69 acres located along SW Fonner Street east of SW 121 st Avenue; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the temtory 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 temtory 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 , 1997. Mayor - City of Tigard ATTEST: Cit Recor r - ' i y de City of Tigard Date RESOLUTION NO. 96- Page 1 STAFF REPORT August 4, 1997 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 , A. FACTS 1. Generallnformation CASE: Zo.ne Change Annexation 97-0001 REQUEST: To annex one parcel of 3.69 acres of unincorporated Washington County land to the City of Tigard and to - change the comprehensive plan and zone from Washington County R-5 to City of Tigard Low Density Residential/R-4.5. APPLICANT: DAAL Homes/Eaton Properties , 4351 SW Cullen Blvd. Portland, OR 97221 OWNERS: Walter & Yvonne Hordichok LOCATION: WCTM 2S1 3BD TL 4400 (see vicinity map). 2. Vicini Information The subject site is 3.69 acres and adjacent to the - Huntees Glen Subdivision. SW Fonner street borders the property on the south and east sides. The existing City boundary runs along the north boundary line of fihe site. The site is within the urban growth boundary. 3. Baclaround Information The applicants approached the city with a request to annex the property so the property can obtain sewer service and develop the site as a Planned Unit Development. No previous applications have been reviewed by 4he city relating to this property. 4. Site Information and Proposal Descri t~ion The parcel is a"C" shaped vacant lot that is bordered on the by SW Fonner Street on the south and east sides. Tax lot 4401 borders the property on the east side, which makes the subject site "C" shaped, rather than a square shape. The subject site can obviously obtain access to SW Fonner Street from both the south and east sides. Staff has recommended that the portions of SW Fonner that front the subject site be included in the annexation request. There are steep areas around along the riparian corridor, located in the northwest corner of the property. The applicants have requested that the 3.96-acre site be annexed to the City.by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The applicants intend to develop the property as a 14 lot Planned Unit Development after annexation to the - City. 5. Aaency Comments The Engineering Division, Public Works, Tigard Police and Water departments, Unified Sewerage Agency, Tualatin Valley Fire and Rescue District, PGE and GTE have reviewed the proposal and have no objections. John Roy of Public Works has commented that the owner should clear any vegetation in the right-of-way. This condition cannot be attached to the annexation application, however, these comments will be forwarded to City Code Enforcement after the property is annexed. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the comprehensive plan based on the following findings: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department, Engineering, Water Department, USA and TVF&R have reviewed the annexation request and have no objections. Adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied. Although this proposed annexation will create a boundary irregularity in the in short-term, over the long term the area will be annexed and therefore the entire Walnut Island will be part of the City. 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-4.5 most closely conforms to the county designation of R-5 while implementing the city's comprehensive plan designation of Low Density. Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the 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 97-0001. . . ~ _ . ~ _ D.- rn ; ~ ~ - Z---- - 4 ~ , ,~i~ . ~Z ,~1 (A _ ~ A C O . % _ ' 0 m M' _ 1.,, ~ •~/4 v ~ n ~ , ~ ' ~ ~ 116 ' H g::~:~ ~i l~~~ :~tE~:::=~i~;, i...../~d • ~i:il.=~iiji~:jil~ ;;~p!~R~<< ~ '!~lEi' is(~~iii~ • ~ ci~i~~ . ~ :iliii,~~lE •i(!~.~jEjfiij~i~~j;;' Eii c°' •if; ~ii=} 6EE 6+0 rr• ~1 Tjy i:i:' . i ~ ii~.. t:.. <F.;....:;•:•.::. ~ ( c•• c c t..:,::::• t~;: .;::i r:~ { ~I ~ ~ i ~E ~tti~i i{~EEf•~' itli~~ii., IjEii€'ji.,• . . 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I~ .:.E ~t u~:.i: : E~F~~ "~:~~t:s:::::::::::":: t . . i f~:E ~ • ~ . ir.:~ •f:t~f~ ' j:i•° t .pi:tfiy'.::~t:r•:•:•:::. i~ii::ii:ii:'l CL \'11'il ~ ~ ~ { ifi."~ !.itf'~ kl.~( ~ ~ . . • 1 ~ if~fk~l~IE ( !i! i~: fE~~iiifEt ii ~itE~l:iiiiEi:iiiii~i,i::::.:; i:: i i f~,E.! ~ ~ i i• 4 ~ . : .1? ~ i~. 1 t:• 1~ I . i j t..tit ft. il t•. r::i ` ~ !i I~t i ~~~f:;::::s~•:,: " ~ i??~:'fEiI1kE~~ ~ ~ .Ef'.'i• i ~ ! il~~~~t~ ~ ~I~= •tl:. i ~ .i:• ~ °~E`E~~. ~ . ~ .I~•~; E<< E r... _ ~ O _ ~~:f::~°:~ . ~ « ~ • 'r. f :E; ~~t f ~ 4 i i~ ~i~ E i.. •t' Q -u o ~ .~~;i 'i~. . • ~ i : I ( ~ I < < E~ :E~ ~.E << . °l`:'` 1 L_ '_c~ , ~~(ff , •I• - - - 1.. 3► (~j t t4 ff'i~ ifli::r::tj: ` r E~ f~ ~~~i' ' ~•~~tiµl; t, PL. ° . :;,i ~j`':~~; ;j;~ ~ ~ ~ ~ ~ ~•,~'(~ry~~(~ i~ _ !/~r.. ~~4• ~~i< <i11;":; . 1 ~ i) 1..,~f ..~i: P~t~'4t t`t~rc:I • 'tF.:i: ' . i ..;c. ~ ,~•ii{• ~ ! o ~ ~ f i; I ; ! ~ li~ i ~:E ~..::.i~ ~ ~ i . I ;f , ~ :i ii h:~ ~ -r . . _ . . . - • ~ ' ! ~:k ~ E. f~ i•• . ~ ~ ~ I ~ 't~ •l~ t ~ i!E(i~i:ii~i~~c::'.: , i: ~~~1: ~~:I~EI~ E , , .li i : EEIi: ~~f ~ ~,E~ ~i~`~Il~s: ::El~~ -E:~i:'E~~~ ~l iEi• I!!! : ~ ' '.t ~ • • ~f~ ~i I• ~ ili Iff~,•~,~~~I ;f ~ ! ~ ; ~ I.f - . . l~~~iE E {:?E?i!~ i~':f :E::'I . "~lc•~/~i~ vtco ~ z~ ~ . ~t- w~, w►~ . ~ ~ .41o uJ Lu.e. ~ ~.A,t- , CAAA- cu,i,u PUBLIC HEARING ' NOTICE . I NOTICE IS HEREBY GIVEN THAT A PUBUC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNClL, ON TUESDAY, August 26. 1997. AT M-0 PM. THE HEARING WILL BE CONDUCTED IN THE 'TOWN HALL AT TIGARD CIVIC CENTER, LOCATED AT 13125 SW HALL BOULEVARD, TIGARD, OREGON. THE HEARlNG IS FOR THE PURPOSE OF RECENING TESTIMONY FROM THE PUBUC ON THE FOLLOWING: ZONE CHANGE ANNEXATION (ZCA) 97-0001 FONNER STREET REQUEST: The applicants, DAAL Homes/Eaton Properties, are reques:ing annexation of Tax Lot 4400 (2S1 38D) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunters Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the site. CuRent Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in confoRnance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE REVIEW CRITERlA: Tigard 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 temtory. ZONE: CuRenUy Washington County R-5; proposed City of Tigard R-4.5. THE PUBLIC HEARING ON THIS MATfER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED LIUNGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOlCE) OR (503) 684-2772 (TDD - TE:.ECOMMUNlCATiONS DEVICES FCR THE OEAF) y0 LESS THAN ONE WEEK PRIOR TO THc HEARING TO MAKE ARRANGEMENTS. ANYONE WIS'-IING TO PRESENT WRITi'EN 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 7RAL 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 ACT10N ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER August 4. 1997, 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 R~CORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS ' AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE F1RST EVIDENTIARY HEARING jORS 997.763(6)J. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT "CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE " CRITERIA ANO THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATiNG TO THE REQUEST PERTAIN SPECiF1CALLY TO THE APPLiCABLE CRITERIA LtSTED. FAILURE TO RAISE AN ISSUE (N PERSON OR BY LETi'ER AT SOME POiNT PRtOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAiLURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECtSfONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRtOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECl.UDES AN APPEAL TO THE lAND USE BOARD OF APPEALS BASED ON THAT fSSUE. ALL DOCUMENTS AND APPLICABl.E CRITERlA !N THE ABOVE-NOTED F1LE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPlES CAN BE 06TAlNED FOR TINENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CNARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE T1ME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER, Laurie Nicholson. AT (503) 639- 4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. . w ~ cz ~ cm BiE ~ 11 ~ C 4z - Co cm c ~ ~ O ~ o_ ~ , ~ ---N - ICA 91-0001 . . _ Q Fonner Annexation - CITY OF TIGARD, OREGON ' RESOLUTION NO. 97-35 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 97-0001). WHEREAS, the Tigard City Council held a hearing on August 26, 1997, to consider the annexation of one parcel consisting of 3.69 acres located along SW Fonner Street east of SW 121 st Avenue; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed;and WHEREAS, the property which lies within the boundary of the Washington County Enhanced 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 Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with , the Portland Metropolitan Area Local Govemment Boundary Commis 'on at once. PASSED: Thiso(Jo day , 1997 Mayor - ' of Tigard FE City Recorder - Ciry of Tigarb~ Certifie d to be a True Copy of S~2G e~?77 Original on file (A~.6VLA Date By: CCL; GJ . Ci-ty Recorder - City of Tigard RESOLUTION NO. 96-3 ~ Date: Page 1 ANNEXATION DESCRIPTION A tract of land located in the SE one-quarter of the NW one-quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, which is described as follows: Beginning at the initial point of the plat of CARMEN PARK, thence S 00° 46' W a distance of 492.34 feet to the north right-of-way of SW Fonner Street; thence N 89° 57' E a distance of 401 feet to the west right of way of CR 495; thence N 00° 46' E a distance of 100 feet; thence Westerly a distance of 205 feet; thence N 00° 46' E a distance of 194 feet; thence Easterly 205 feet to the west right-of -way of CR 495; thence N 00° 46' E 168.8 feet more or less; N 87° 46' E a distance of 20.00 feet; thence N 00° 46' E a distance of 34.54 feet; thence S 89° 57' W a distance of 421 feet to a point on the East line of Lot 8, Cazmen Park; thence S 00° 46' W a distance of 17.34 feet more or less to the point of beginning. ALSO INCLUDING THE FOLLOWING DESCRIBED TRACT: Beginning at the initial point of the plat of CARMEN PARK, thence S 00° 46' W a distance of 492.34 feet to the north right-of-way of SW Fonner Street and the True Point of Beginning; thence S 00° 46' W a distance of 40.00 feet to the southerly right-of-way of SW Fonner Street; thence N 89° 57' E, along said south right-of-way, a distance of 441.00 feet to the east right-of-way of CR 495; thence N 00° 46' E, along said east right- of-way, a distance of 504.33 feet to the north right of way of CR 495; thence S 87° 46' W, along said north line, a distance of 40.05 feet to the west line of said CR; thence S. 00° 46' W, along said west right-of-way, a distance of 462.80 feet to the north right-of- way of SW Fonner Street; thence S 89° 46' W, along said north line, a distance of 401 feet to the true point of beginning. i:kng\johnrh\440036d.anr . Ev,~~i'~~~~ Vicinity Map ZCA 97-0001 . i i:ii:::i:l~iiiE. ~:Ti:;:iii: i E,.,Zl~ : _ ..~i::~•:::.•• , .:.::f;'..;.~: • ; _-rr ~ = E:: E:~~ . ; y ~ ( , c~ :'."s. : + r- • pr. I - - I 'r. i .~I • r - l ;:r::.. ~ ~ ~ I `J ( ~_~w i ~ j ~ ' _ , ( CARMEN ; ST. .;:;:w..~~ i.. E:=;i r = 1IFpNtiO i ~ Sub'ect I Parcel ~ ~ • ~ ~ 1 ~ ( , ~ , • ~ : . • FONNER; i ~ a - - - - - . {G I ~ 1 ~ l~.~ ~ ~ • ' ~ ~ 's =--r:~~~:.._~_ • _ -~._,.~'f~.__~._,~.'+.~ ~ O. .~.k: 'j, :i.= . e._.•• r ' . . \ .:tir `{c _ •:r~" -t:: _ - ":Iic:i~=c` ~'0 ....::....~;;:23. %s - =.cy:'~2: • - ?:e3' - _ - /~r..:. . ~.Y~" - . \ - - ~ I.i ~_._._...r_. ~~,~X•.-~ ~..=t-. _ ~ c:~a•~~Ci_:ryr.(~.:..-...~~~w~~~' _'ir'i~-,Yra b' ~ ;.!jr`':~=~=-:--:a:..~•fi'~~ - , ~ , , ~ :r'r';::I:::::_:... _ ~ ' . . '=~~/~~M't:~;::: , .1.~ `'i:.::r j Y~. , ..N:•`~:::~:5 :.i:~.::.~~~ 1V ~ Subject Parcel w E Annexed City Property s ~ ~ _ 0 0.1 0.2 Miles sJuly 17, 1997 CITY OF TIGAttD Wesdake Consultants OREGON 15115 SW Sequoia Pazkway Suite 150 Tigard, OR 97224 Attentian: Pamela Danzer Subject: Fonner Street A,nnexation, Tax Lot 4400, 2S 1 3BD The purpose of this letter is to inform you that I have reviewed the application materials for the proposed annexation located on SW Fonner Street. I am deeming your application complete, so long as you complete the enclosed City of Tigazd annexation form. We also need a copy of the Title Transfer Instrument or Deed, as indicated on the enclosed application. In addition, you may have to pay annexation fees for both the City and the Boundary Commission. I am still researching this issue and will contact you when I return from vacation on July 28. The annexation is tentatively scheduled before Tigazd City Council on August 26, 1997. The assigned case number for this annexation will be ZCA 97-0001. I see that you are applying to the Boundary Commission for an expedited annexation. We have no problems with the expedited annexation, so long as the City's annexation process is completed first and the City supports the proposed annexation. Thanic you for the materials. If you have questions, please call me at 639-4171 ext.336. . Laurie Nicholson, Associate Planner City of Tigard Attachment: City of Tigazd Annexation application cc: Nadine Smith, Planning Supervisor Jim Hendryx, Community Development Director 13125 SW HaH Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 , ZONE CHANGE ANNEXATION APPLICATION CRY OF T10ARD 13125 SW Hall Blvd., Tigerd, OR 97Z23 (503) 639-4171 FAX (503) 6847297 PRE-APP. HELD WITH: DATE OF PRE•APP.: C.FNEReL INFORM4T10N : ~ . FOR STAFF USE QNLY : ~ • . : . Property Address/Locabon(s): ~ . , . • . ~ ~ ~ ~ . . . ~ ' ::;>'e.:;;..~ .:2;.:,;.`„~: .i<.~ir;•`•:;~;'` ; . ~Case No:(s): Tax Map 8► Tax Lot #(s): Other Case No.(s): ' ~ ~ ~ ' ~ ~ ~ ~ • ~ : . . . . ~ . . . . Receipt No.:.:::: ~ . . . . . _ - t'. k.::v..~~~.•:~ ::~Y~.,.. ~v,-ti. .~,r . ~ ~ p►PPikattan Accepted By' Si~ S~e. •.e~ 'b*'r,£~.e~ \~~o~,a~. \r'ro,~F,r~cea • f . , r ' Pmperty OwneNDeed HoldeKs)'- : . : ~ . . . . . . . Address: Phone: . . . ~ • : ~ ~ Date Determined To 8e Complete: ~I^ . _ • . i~. }i' . • n. . v:.;. .5.. ~ • ~.•i. :'5:... : ic1;?;6}~..`. j•.:4yi .Comp"Plari2one Designation:''.:::<:>;:;s:?;::'•:;;;:':~~€~:}>;>~:< APPlicant': Address: Phone: ~ . ~ ; : . . : . . : - : . ..~vy:.••~Kv.;:i~i;\: Zp: ~CiT~Area: "v:i h: . . . . . . . . When the owner and the applicant are different people, the appGcant k~~~~ must be the purchaser of reconi or a lessee in possession with written authorizadon from the owner or an agent of the owner with wntten authorization. The owner(s) must sign this application in the space Fdon ED SllBMITTAL ELEMENTS provided on the baclc of this fortn or submit a wrilten autt~orization with tt~is appl'~catian. - Etements Submitted: PROPOSAL SUMMARY Application Fortn The owners of record of the subject property request a Zone Change V"Completed Bourtdary Commission tocrns or'Double Majority' Annexation Annexation from Washington County ~ to Tigard (if applicable) and a Zone Change from Washington :;!Own =Instrument ation Counry to Tigard tle TrSite/Plot Plan ies based on pre-app chedc list) (Provide any additional infortnation here) 4,Of telPlot Plan (reduced S'h"x 11 2--<ppiicant's Statement of copies based on pro-app chedc list) p Filing Fee $1,160.00 - W3~%A~'~c ~ ~ r APPLICANTS: To consider an appl[cation complste, you will need to submit ALL oi tho R~~IIRED SuBd11TTAL ELEMENTS as described on tho front ot this applkadon tn the "Rpuirsd Submittal E1omeMs" box. . (Detailed SubmiKal Requirement Infortna6on sheets can be obtained, upon request. Por all rypes of Land Use Applications) Ii THE APPLICANT(S) SHALL CERTiFY THAT: • The above reauest does not vtQlate any deed reatrictiQna ihat msy be attachad to or ImpVaoai Lagn tne sUbj~ iE0122ft. • li the applicatlon is granted, the applicant will exercise the rights granted in axordance with the tertns and subject to all the canditions and limitations of the approval. . 'All oi the above statiements and the statements in the pbt plan, atbchments, and exhibit,s transmitted herewith, are true; and the applicants so acknowledge that any pemiit issued, based on this appltcafon, may be revoked if ft is found that . any such statements are false. • The applicant has read the entire contents of the application, induding the policies and criteria, and understands the . requinemenis for approving or denying the application. SIGNATURES of eacfi owner of the subject property. DATED this day of 19 Owrter's Signature Ovmer's Signature . Ownees Signature Ownees Signature 2 . ~ PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CMSN 800 NE OREGON ST #16 (STE 540) PORTLAND OR 97232 TEL: 731-4093 ~ NOTIFICATION OF BOUNDARY CHANGE PROP;OSAL \ DATE: September 22, 1997 T0: City of Tigard ATTN: Bill Monahan The BoundarY Commission has received a proposal (No. 3813) to annex certain territory to the CITY OF TIGARD. The area involved is shown on the attached map. Basic information on this proposal is as follows: Area: 3.69 acres Existing Land Use: Single family dwellings 0 Multi-family units 0 Commercial structures 0 Industrial structures 0 Other: Total Estimated Population: 0 Current Assessed Value: $184,680 Current Zoning: R-5 Reason for Annexation: The property owner desires City services to facilitate development. Proposed Development: 14 single family residential units. If you wish to make written comments or recommendations, please present a letter to this office no later than October 6, 1997, or attend the Public Hearing on the above matter, to be held on Thursday, October 16, 1997 at 7:00 PM in the Portland State Office Building, Room 140, 800 NE Oregon St., Portland, OR. Kenneth S. Martin Executive Officer KSM/Imr Enclosure: Map . ~ PROPOSAL ■ 3813 2S 1 3BD SE1 /4 NW 1/4 SECTION 3 T2S R1 W W.M. Washington County S-~RE~~ •p~~ Scale: 1 200' Wpt~ ; ~ o W ~ .r zoo i nc..~. S 1,0 300 Z~•c ~ ' qpp !Yte ~ 600 900,4 I .19~• xII: ~.CS10'RS ~ ~o Iye~ '~e ~ i^ 301 r 9Ol 'a" T1GARD ~ ; ~1 ► os.".. r ioot _ ,s..~. -~d: . I ~ 1200 ~ < ' • ~ ~~s ~ b a W 23-78' ] . I300 ,a.•a I- Z000 10 0 , Q ~.r!~r. .a•° ~ 18~ s~~ II e~~0. t'PiTT, le 1700 ACE . 1600 vI . w•slos. ~ , ti MaC~ ~ a a I :cA •0 ~.i 14 is k igm zzoo `7 'o~s 16 e~~ a^ 12 9 IM ,I r. >o uV...s ~ ~ ~ .l r1 I f ~ I _ ~5 ..,....p • .:.,m ~ RL ` CARMEN S7REET S w ~ 3ooo' zeoo ` i Zaoo ~ 2700 ~ zEOO i zsoo zooo zsoo rI- ~ 8 4 ~ S ~I 6 3 7 8~~ : . ~ ••~v , e.p~ , ► 1 ~ .ao :i•: . , . ".'y:..•. . , . . 3500 -TItl9GNT 4i4:0~0 . , .a.t. . .w•c ,y a.es~c ~y~ 4000 ~ AREA 70 BE L o, I e I 3300~•,~. ANNEXED .~A c ~ +u,n I ~ ` }:i:i`v ~ . u r u ~ SC.~h. el °e g .ri401 SZ °_ie s. ~ I ~~q 3300 3600 ' 3700 3800 ' I 4;pt ( 5200 '•e4300 I .~~ae. ,.64a Z 8 fl ~ I .I ~ X. ~ .I . Ir gl :i. E =I ~:•t:t:;;::r:::i;:t:;::;;:::z;~s:~s::.,;,;,;:,.,;i;.,:,'~ s n .e i ~ ~z~,~ . . . . . ~ ,ee ► 4. ~r ' ~ ~ - S W T ~ ~-FONNER STREETy ~ i SEE MAP 25 I iC PROPOSAL N0, 3813 CITY OF TIGARD ANNEXATION FIGURE 2 MEMORANDUM , CITY OF TIGARD, OREGON TO: John FROM: Greg DATE: Aug. 26, 1997 SUBJECT: Annexation of TL 4400, 2S 1 3BD Attached is the application that includes a legal description of the lot. The approval of the application will require annexation of the surrounding Fonner St. (a County Road) right-of-way as well. This will require revising the legal description to include the right-of-way as highlighted on the attached. Could you please provide this? Aug. 28 " Note to Lori: Completed description attached; application book returned. ~ u ° DATE 10 19q -7 N0. U~~ d ~ ~ m ~ ~ ~ ~ RECEIVED FROM ° a o xz ~ ~ ADDRESS ~ a>.oo ro ~ 6e o a Q W~ o, DOLLARS $ ~ a~ FOR ~E-~`.'. E- -z ~ oo " • ~ ~ ~ ACCOUNT I CASH E- O AMT. PAID CHECK BAO NCE I ORDER ~ BY I i. I. - . l . ' ' ~ • ' . . ~ . ' • • ` " • ' y" ' , 3 . . . - . . . t .S•v , . - , .:J t . . . IOULT~~~ mc. . . . F-o-,nner ~trl6i%t ~ 1 ~ ~ ~twmfim , June 20y .t i997 ' , by. lw. 151w SKUC* Po*"Y. SUft 150 . PLANNM ~ ~ ~ DATA SUMMARY SHEET 1 ' APPLICANT: DAAL Homes/Eaton Properties 4351 SW Cullen Blvd. , Portland, OR 97221 Contact: Da\AZAmato Phone: (503) 245-2117 1 ' PROPERTY OWNER: Walter and Yvonne Hordichok 5420 NW Sewell Road ' Hillsboro, OR 97124 (503) 648-5683 I PROPERTY DESCRIPTION: T.L.4400, 2S1 3BD ' SITE SIZE: ' 3.69 acres , PROPOSAL: Annexation into the City of Tigard , , ' ' ' ' ANNEXATION PROPOSAL , FONNER STREET ' Request - The applicants, Walter and Yvonne Hordichok, are requesting annexation of Tax Lot ' 4400 (2S1 3BD) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the , site. Current Washington County land designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential ' Comprehensive Plan Designation. The site is within the Urban Growth Boundary. Proposal ' As part of this annexation request, a conceptual development plan has been included. The applicant wishes to develop the site as a Planned Development in order to ' preserve the existing sensitive lands that go across the northwest corner of the site. The proposed layout yields fourteen (14) single family lots. In addition, Tracts A& B have been established to preserve the existing natural drainage way and surrounding vegetation. , Site Serviceability ' Existin9 utilities are Present at the boundarY of the site. CitY of Ti9ard Public water and sewer are stubbed from the north. Current status and capacity of these utilities allows , for extension during future development of this property. Storm drainage for the area 't,o currently at capacity. Any future development of this site will require a downstream , storm drainage analysis to determine the extent of water quality and/or water detention that may be necessary. t SW Fonner Street, designated as a collector on the Washington County Transportation Plan, borders the property on the south and west. Currently this roadway is shown on the Washington County Recommended Roadway Improvement Project as a , reconstruction project. SW Fonner Street has been identified as a roadway in need of . rebuilding due to substandard or deteriorated roadways' as determined bVhe County. Discussions with the City's Engineering and Planning Departments have~address a ' possible realignment of SW Fonner Street east of the SW 115th Avenue intersection. No plans for this realignment are currently being addressed. 1 ' ' Westlake Consultants, Inc. Page 3 ' ' The proposed layout delineates Tracts A& B as areas encompassing the existing ' drainageway. These areas are to be preserved as open space and utilized for passive ' recreational allowing future residents to enjoy the aesthetics of a natural wooded region. . . ' Police services will be provided by Tigard City Police. Fire and emergency services would be provided by Tualatin Valley Fire and Rescue, Station 221. Required t improvement need for fire safety including placement of fire hydrants will be submitted to the fire department for approval. The development of fourteen new single family homes would not significantly impact current service capacities. , Future residents will be within the Charles F. Tigard Elementary School, Fowler Middle School and Tigard High School boundaries. Using the Objective Criteria for ' Determining School Capacity, the projected number of student for fourteen single family homes would be five (5) elementary, two (2) middle arui finro (2) high school students. . Currently all three educational facilities have the capacity to accept this potential ' increase of students. Conclusion ' This annexation request precedes the submittal of a Planned Development Application ' for the site. It is the intent of the applicant to provide additional single family homes within the existing urban growth boundary and provide available housing to the ever increasing population of the Portland Metropolitan Area. Annexing into the City of ' Tigard will provide additional housing units to the City's inventory and help to extend the City's existing infrastructure. ' With the City's annexation process once again in motion, the applicant respectfully requests approval of this application. ' ' ' ' , ' ' Westlake Consultants, Inc. Page 4 I ~ - . PMALGBC FORM #15X* ' REQUEST FOR EXPEDITED PROCEDURE for ANNEXATION or EXTRATERRITORIAL WATER OR SEWER LINE EXTENSION ' (ORS 199.466) ' I(We), the undersigned Principle Petitioner(s), request this . Annexation Proposal Water Line Extension Proposal _ Sewer Line Extension Proposal ' be approved without the study, public hearing or adoption of a final order required by ORS 199.461. This request is made pursuant to the provisions of ORS 199.466. , I(We) understand that a study, public hearing and adoption of a final order may be required if requested by any person or governing body receiving a copy of the Executive Officer's analysis and recommendation as required by ORS 199.466. This request is made in addition to and supp/ements al/ other requirements for filling an annexation petrtion or tentative plan for an extraterritorial water or sewer line extension. 1 Signature of Principle Address Tax Lot t Petition rs . 2z~~ Number Trustee 5240 NW SPWPll Rd_ 2S1 3BD 1 Hordichok, Walter Hillsboro, OR 97124 T.L. 4400 , 5240 NW Sewell Rd. 2S1 3BD ordichok, Yvonne . i Q.~~r~ Hillsboro, OR 97124 T.L. 4400 t Trustee ' 3. ' 4. ' ' 5 . 6. . This form is NOT a petition for annexation or -extraterritorial water_or sewe'r line`extension: •-It is only a request to expedite the process. This form must be accompanied by a ' regular petition and the other forms normally submitted to initiate a proposal. 1 Revised 8/96 ' 3 1 , . PMALGBC FORM #10X CC I RESOLUTION NO. ~ A RESOLUTION INITIATING ANNEXATION OF TERRITORY TO THE CITY OF Tiaard This matter is before the Common Council of the City of Tigard, hereinafter referred to ' as Councii; and It appearing that: ' 1) The Council is authorized by ORS 199.490(2)(a)(6) to initiate an annexation upon receiving consent in writing from a majority of the electors registered to vote 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. ' 2) The Council has received the necessary "consents" in sufficient numbers to meet the so-called "double majority" annexation requirements listed above and has set the boundary of the territory proposed for annexation as authorized by ORS , 199.490(2)(a)(6). ' 3) The territory proposed to be annexed is within the Water District and/or Sewer District and/or the Park & Recreation District and the City Council intends to withdraw the territory from the t District(s) by authority of ORS 222.520 subsequent to consummation of the annexation. ' 4) The Council may request that the proposed annexation be approved without the study, public hearing and the adoption of a final order as authorized by ORS 199.466. ' NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF AS FOLLOWS: ' 1) that the Council by this resolution approves the proposed annexation with the boundaries described in Exhibit "A" and depicted in Exhibit "6" attached hereto; , 2) that the Council requests the Boundary Commission to approve the proposed annexation without the study, public hearing and adoption of a final order as required , by ORS 199.461 and authorized by ORS 199.466; and 3) that the City Recorder is hereby directed to file certified copies of the statements of , consent and this Resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. ~ Revised 8/96 , 4 1 The foregoing Resolution adopted this day of . , 19 . - - 1 . (City Recorder) City of: Address: ' lZi ' pl . , ' ' , ' . - , . 1 1 ' ' - ' ' Revised 8/96 . 5 ' ' . , PNIALGBC FOR1tiI #6 B 0 UNDAR Y CHA 1YGE DA TA SHEET , . . I 1. EXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN ~ A. Land Area: Acres 3-69 or Square Miles B. General description of temtory. (Include topo;raphic features such as slopes, . ~ vegetarion, drainac,.,e basiris, floodplain areas, which aze pertinent to this proposal). . A sloping treed site with a well defined swale traversing northwest , corner ' C. Describe land uses on surrounding parcels. Use tax lots as reference points. ' North: Hunter's Glen Planned Development ' East: T.L. 2300, 2400, 2600, Large lot single family , South: 2S1 3CA T.L. 306, 207, 208 ' Larqe lot sinqle family ' West: T L 4300, larcTe lot sinqle 'familv ' T.L. 4000, large lot single family D. Existing Land Use: . ' Number of sinole-familv units 0 Number of multi-family units 0 ~ . ' Number commercial structures 0 Number industrial structures 0 Public facilities or other uses None What is the current use the 1and 0rooosed to be annexed: vacant ' ' ' E. Total current year Assessed Valuation s -184,680 F. Total eYisting popularion 0 ' l I ' ' Revised 11/93 . ' ' _ I II. REASON FOR BO UjYDARY CHANGE. . . - . . . ' A. ORS 199.462 of the Boundary Commission Act states: "In order to carry out tlie purposes descnbed in ORS 199.410 when reviewing a boundary change..., a boundary • commission shall_ consider local comprehensive planning for the azea, economic, ' demographic, sociological_projections pertinent to the proposal, past and prospective physical developments of land that would directly or indirectly be affected by the proposed boundary change..." Considering these points, please provide the reasons the ' proposed boundary change should be made. Please be very specific. Use additional . pages if necessary. .(This information is often quoted in the Staff Report, so be thoraugh and complete.) ' The applicant wishes to annex into the City of Tigard. Ftiiture plans ' propose a Planned Development to preserve the natural state of the existing drainageway. Approval of this annexation request will provide , additional tiousing units to the City's inventory and help to extend ' the City's existing infrastructure. , B. If the property to be served is entirely or substantially undeveloped, what are the plans for future development? Be specific. Describe type (residential, industrial, commercial, ' etc.), density, etc. A 14 lot Planned Development ' . , ' ' III. LAND USE AND PLAiVNING A. Is the subject territory to be developed at this rime? Yes, pending approvals 1 . B. Generally describe the anticipated development (building types, facilities, number of ' units). A 14 lot Planned Development including substantial areas of open s ce ' to preserve the natural setting of the existing drainageway. ' C. Is the sub'ect territo inside r t' ~ ry o ou side of the Vfetro Regional Urban Growth • Boundary? Inside 1 12 ' - Revised 11/93 ' • . D. What is the applicable County Planning Designarion? R-5 ' or City Planning Designation low residential ~ Does the Proposed development comP1Y with aPPlicable reaional coun or ci • ~ , n' tY t comprehensive plans? Please describe. • - - Yes. A planned development utilizing density transfers is being ' proposed to allow for preservation of the sensitive areas on the site. 1 ' E. What is the zoning on the territory to be served? The City has identifiec3 R-4.5 for this site. ' F. Can the proposed development be accomplished under current county zoning? , XX Yes ❑ No If No,---has a zone change been sought from the county either formally or informally. o Yes ❑ No Please describe outcome of zone change request if answer to previous quesrions was , Yes. 1 • . G. Is the proposed development compatible with the city's comprehensive land use plan for ' the area? Xk Yes ❑ No ❑ City has no Plan for the area. ~ Has the proposed development been discussed either formally or informally with any of ' the following? (Please indicate) . . . , City Planning Commission Kk Ciry Planning Staff ' ❑ Ciry Council . o City ililanager • • Please describe the reacrion to the proposed development from the persons.or agencies , indicated above. ; Indication was positive towards the proposal pendinq final approval ' of outstanding issues. . . , ' 13 ' - Revised 11/93 ' • H. Please indicate all permits and/or approvals from a City, County, or Regional ' ' Government which will be needed for the proposed development. If already granted, please indicate date of approval and identifying number: 1 . APPROVAL PROJECT DATE OF FUI'LJRE ' FILE # APPROVAL REQUIREMENT . Metro UGB Amendment . City or County Plan Amendment Pre-Application Hearing (City- or County) 5-20-97 ' Preliminary Subdivision Approval X Final Plat Approval X 1 Land Partition Condirional Use ' Variance ' Sub-Surface Sewa;e Disposal Building Permit ' Please submit copies of proceedings relating to any of the above permits or approvals which are pertinent'to the annexation. ' I. If a city and/or county-sancrioned citizens' group eYists in the area of the annexation, please list its name and address of a contact person. ' Citizen Involvement Team• Central Area, no contact Mrson ' . SERVICES A1VD UTILITIES A. Please indicate the following: . 1. Locarion and size of neazest water line which can serve the subject area. . An 8" D I in SW 116th Avenue North of the ait-P _ ' An 8" C.I. in SW Fonner South of the site , ' . . 1 ' . 14 ' Revised 11/93 ' 2. Location and size of nearest sewer line which can serve the subject area. An 8" P.'iI.C. line is available in SW 116th Avenue North of . , the site. ' ' 3. Proximity of other facilines (storm drains, fire engine companies, etc.) which can serve the subject area ' Storm drainage,for the development will be dealt with onsite pending ' the City's approval. Existing drainage ditches along Fonner will be cleaned,shaped as part of roadway improvements. (Continued below) ' . 4. The time at which services can be reasonably provided by the city or district. , All services are currently available at the site. 5. The estimated cost of extendino, such facilities and/or services and what is to be ' the method of financing. (Attach any supporting documents.) The developer will bear the cost of all onsite public improvements. ' ' 6. Availability of the desired service from any other unit of local Qovemment. (Please indicate the government.) ~ None ' ' 3. continued ' - Tualatin Valley Fire and Rescue: All plans providing• required M„ fire protection facilities will be submitted to Tualatin Valley ' Fire and Rescue for approval. - - - - - - - - . ' . • ` 1 - - 15 . Revised 11/93 ' . . . B. If the temtory described in the proposal is presently included within the boundaries of ' any of the following types of governmental units, please so indicate by stating the name or names of the governmental units involved. \ , . • Tualatin Valley Fire City Rural Fire Dist and Rescue ' County Service Dist: Sanitary District Hwy. Lighring Dist. Water District Tiqard Water District ' Grade School Dist. Drainacre District Tigard Tualatin ' Higll SChOOI D1St. Sc-hnnl n; ,-,t-,-; nt 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. ' No existing services are known to be on this site. ' ' APPLICANT''S NAVfE DAAL Homes /Eaton Properties ' MAILIiNG t1DDRESS 4351 SW Cullen Blvd. Portland', OR 97221 ' , TELEPHONE NUVIBER (503) 245-2117 Work ~ ) ' (Res.) , Mr. and M REPRESENTING rs. Hordichok . June 5, 1997 ' DATE: , . ' . 1 . 16 Revised 11/93 ' . . 1 . . : - . . . ' . : PIyIA L GBC FO.RltiI #1 S 1 - . RETITIOIV FOR ANNEYr1T10N TO THE CITY OF p'G01V 10: The CounciI of the City of Tigard OreQon ~ We, the undersigned property owners of and/or registered voters in the-area 'described below, ' hereby peririon for, and give our consent to, annexation of the area to the City of Tigard If approved by the ciry, we further request that this perition be . ' forwarde d to the Porcland vietropvlitan Ares local Govemment Boundary Commission for ' the necessary procedures as prescribed by ORS 199.490(2). : ' The propecry to be annexed is described as follows: , (Insert Lega! Description liere OR attacll it as Exhibit "A") ' 1 , , . ' . , ' , • 1 • . ' , . . . . . . _ , . . . • . " . 17 . . Revised 1 Ii93'- : 1 . . . . . ' . • PM4L GBC FORM -r,"r.t 6 . ' • CERTIFIGITION OF PROPFRTY O W.YERSHIP ' ' - (Double i1dajoriry Method) i 1 I hereoy cerrify that the attached petition for annexation of the territory described therein to the Ciry contains the names of the owners" of a majority of the land area of the territory to be annexed, as snown on the las: available complete assessmeat roll. ' . NA:tiE 7'o~v G e u r A3GE , • TITLE CAQ-ToC,R./tPtfE2 ~ I DEPART2,YEENT AssEssmErYT ~ -~A~cA-ri at~ COUN'IY OF W/tsHiNCo-cor3 1 DATF- G-1 4 -9'1 ~ "Ow-ner" means the owmer of the title to real orooerry or t,4e contract purc:Zaser of resl property. - PAIU GBC FORtiI -r"ri 7 ' CERTIFIG4TION OF AEGISTFRED L"OTERS ' hereoy certi:y that the attached petition ior annexauon of te:ritory desc:ibed he:ein to th-- Cirf of Tictard contains the n:mes of at least a majority of 41e Ilectors regiscered in the territory to be annexe3. ~ ' V AtiE • -~E S*. Administrative Specialist . ' . Assessment & Taxation - Elections Division . DEP ARTMEV'i ~ COL~TY OF Washington 1.,. ' DAiL June 20, 1997 -18-- ' R_vised 1I;'93 , . P:tiiAL GB c Foky.t 94 ~ CFRTIrICATIDN OF LFGAL DF'SCRIPTION.UD XI4P ~ . . 1 . I nereby c' ..rn"ry that the descriprion ot the properry included within the sttached perition (located on ,.assessor's Map _2 5 I 3 8D ~ has been checked by me and it is a true and txact descripcion of the properry under considerztion, 1 . and the description corresponds to the arached map indicating tize property under consideratien. ' : , • ' jV A.I~LG GLll~'1 h~ A e~ 1 . 1 A /V /GE:9. 1 TITLE CA4..TU~.; 2A-P lf E 2~ TL ' DEPAR'Ii~EEVT AssESSwxENT I' COLNTY OF W/4S+t iN~-~or•~ ' DA TE ~ -l 9 - 41 , ' . ' ' • 19 ' R-avised Ilr93 1 t PAIAZ GBC FORyt Ar'I9 . ~ ~ (7'his fornr is iVOT the petition) . L OtWFrZS OF PROPERIZANDiQR c2F'GISTERED T/OTFRS f.NCLUDED IV BOUNDARY L-t,vGc ?ROPOSAL Ar2Q ~ (To be completed IF the proposal contsins IO or ;ewe: land ownerslre;istered vvte:s. P(ease indicacz the name and address oi -ail ownersivocers re;3rdless oi wae:he: they signed an anne:caaon Qeation or noc) T,Zis is tor notiiicarion purposes. i~1:~•C'c Or OWNER,NOT"LIR. A-DDR1-c 3 S PROPE.RTY DESIGiNATIOLN ~ (indicate tax loc, secaon nurzber, Townsnip and Ran;e) 5420 NW Sewell Road Hordichok, Walter R. Hillsboro, OR 97124 2S1 3BD T.L. 4400 Trustee , 5420 NW Sewell Road ~ Hordichok, Yvonn.e Hillsboro, OR 97124 2S1 3BD T.L. 4400 ~ Trustee . . ' ~ . . ' l~) ' ~ ' ~ ~.~Cl . • . ' P:yIr3L GBC F0141tiI #19 (conrinued) . ' (Tiris jorm is iVOT lhe perilion) • . . . L O-WiVERS OF PROI'FR77AND/OR REGISTE'RED VOTFRS I.YCL UDED I.N 80 UiVDARY 4YANGE PROPOSAL ARE4 (To be completed IF the proQosal contains IO or fewer land owne:s/registered voters. Please , indicate the name and address o*c' zll owners/vocers regardless of whether they signed an annexation petirion or noc.) ?his is for norificarion purposes. I&AINEE OF OWNER/VOTER ADDRESS PROPERTY DESIGNATI0;1 (Indicate taY lot, section number, Township and Range) 1 . (io) 1 ' 1 1 . 11 1 , 1 . ' = t Revised 11;93 I ' 1 ~ , ' ~ ~ ' ' ' ~ ' ~ a ~ ~ . F yJ D 1 ' r. . . ~ ~ PRAL GBC FORyt 420 I ~ DQUBL:: :tiG4lORIT7 rYORK SHcI 'Please lis: alI rooer~esire i ered voters inciuded in che ' p, 3 st prooosai. (It necded, use segarate sae--t ior zddiaonal lisangs), _ . I ~ PROP ~ ERTI..S ' Prope:ty Assessed SiQned ?e~non ' Designarion Vame ot Owner Ac:es V:11ue Yes I ~io (Ta.-, Loc Ts) and Yvonne T.L. 4400 Hordichok, Walter 13.69 $184,680 I X I I t I I ( I I ' I I I I ( I I I I I ' I I I I I ~ ' I I I I I , . I I I I ( ~ ! . ~ 1 ~ TOT ~.S ( 3.69 ~ $184, 680 I. ! r 1 ~ . 1 , ~ . , . PAIAL GBC FORtiI r20 (coniinued) ' ~ . , . . . - REGISTERED VOTERS rIDDRESS OF REGISTERED • it:k.vtE OF REGISTERED SiGvED PETITIOv Vocer Vocer Yes f No I I I ~ ( _ I ~ ( I I ~ I I - ! 4 I I ToT ALS 1 { { I 5U:VaL4RY . ~ tOTAL :V~(,LNiBER REGISTERED VOTrRS IV THE PROPOS.A1.._ 1- - - - . ~ . ' - . . . . . . . IILR OF REGIS lr.'-,ED .v'4TrRS Wn0 SIGy-ED PERCE`Z'A GL Or RcGiSTE-R D `'0i=..?-:5 W HO SIGN- ED loo% kOTAL ACRE AGL IN PROPOSAI. 3•69 ~CRE AGE SIGtiED FOR ~ 3.69 - . - - _ _ . . . , . , • ERCEr-I'AGE OF aCREAGE SIGtiED FLOR. loo% ~ ~ . ' ~ 23 ~ Revised l I:93 ' BOUNDARY DESCRIPTION A tract of land located in the SE %4 of the NW'/4 of Section 3, Township 2 South, Range 1 West, Willamette Meridian, which is described as follows: Beginning at the initial point of the plat of CARMEN PARK, thence South 00046' West 1 , 492.34 feet more or less to the North right of way of SW Fonner Street; thence North ' 89057' East, 401 feet to the west right of way of CR. 495; thence North 00046' East, 100 feet; thence Westerly 205 feet; thence North 00046' East, 194 feet; thence Easterly 205 feet to the west right of way for CR. 495; thence North 00046' East, 168.8 , feet more or less; thence North 87046' East, 20 feet; thence North 00046' East, 34.54 feet; thence South 89057' West, 421 feet to a point on the East line of Lot 8, CARMEN , PARK; thence South 00046' West, 17.34 more or less to the point of beginning. ' ' , ' ' 1 ' 1 ' ' 1 , , ' REQUEST FOR COMMENTS ~ CITY OF TIGARD OREGON TO: Lee Walker. USA DATE. July 29. 1997 I FROM: Tigard Planning Division STAFF CONTACT: Laurie Nicholson Phone: (503) 639-4171 Fax: (503) 684-7297 RE: ZONE CHANGE ANNEXATION (ZCA) 97-0001 FONNER STREET REQUEST: The applicants, DAAL Homes/Eaton Properties, are requesting annexation of Tax Lot 4400 (2S1 3BD) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. , The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE REVIEW CRITERIA: Tigard 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: Currently Washington County R-5; proposed City of Tigard R-4.5. Attached is the vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: August 8, 1997. 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) . • i, , , Name of Person Commenting: :~zi"l ~ Phone Number: 8A-k -Zc-bY I . ' i 4-J ~ w ~ sw co ~ P ~v sr ~ 3 ~ B!E T ~ C L---»> C: ' ERT cu ~ ~ cu ~ O / 1 U ~ ~ ~ ~ , , Vicinity Nfap N ZOA 97-0001 Fonner Annexation From: "Ron Goodpaster" <00859@ci.tigard.or.us> Organization: City of Tigard To: laurie@ci.tigard.or.us Qate sent: Tue, 29 Jul 1997 16:13:26 PST Subject: Re: Zone Change 97-0001 Priority: normal ~ Thank you Okay, it is fine with me. Ron > From: "Laurie Nicholson" <TIG3/LAURIE> > Organization: City of Tigard > To: "Ron Goodpaster" <TIG3/00859> > Date: Tue, 29 Jul 1997 16:06:55 PST > Subject: Re: Zone Change 97-0001 i > Reply-to: laurie@ci.tigard.or.us > The applicant's property is contigous with the City's boundaries, > however the property it surrounds would become an island. > > Our current policy supports voluntary annexation, I don't see how we > could force them to annex. The only possibility would be that > perhaps City Council could force the adjacent property to annex. > Laurie Nicholson 1-- Wed, 30 Jul 1997 09:46:40 08/06/97 13:56 %2503 684 7297 CITY aF TIGARD WJ ouiiuuz • . . REQUEST FAR GOMMEAfTS ~ cer9' Or TIOARD :5040 QREG4M I TO: G~ e, Engil3eeric►g DATE: Juty 29. 1997 FROM: Tigard Planning Division STAFF CONTACT: Laurie Niahc9san Phone: (503) 639-4171 Fax: (503) 684 7297 ~ I RE: ZONE CHANGE Q►MNE%ATIaN (ZC,A) 97-0007 FONNER STREET RELt€1EST: The appticants, DAAL HameslEaton Properties, are mquesting annex2~tion f Tax Lot 4400 (2S1 3BD) frrto the City of Tigand_ The subject site is 3.69 acres and adjace to the Hunte~'s Glen Subclivision. SW Fonner Sbeet borders the property an the souttt and ~ides. The existing City boundary runs along the narth bgundary line ~,f the site. Current shingtan County designation is the R-5 District (Residenbal 5 Unihs Per Acre) which is in confbRnance with the City's Lrnro Density Resldential Coro'oprehensive Plan Designa.tion. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parwl that is bordered by SW Fonner on iCs south and west sides_ APPLICABLE REVIEIN CRITERfA: Tigar+d Gomprehensive Plan policies 2.4.1, citizen involvement; 10.1.1, service del"wery capaeity; 90.1.2, boundary crtteria; and 10.1.3, zoning designation. Community Development Code chapters 18.136, annexation requinements; and 18.138 Iand cfassification of annexed territory. ZONE: Cumently Washing4on Cdunty R-5; praposed City of Tigard R-4.5. Rttached is the vicinity map for your review_ From infbrmation supplied by varivus depanmenrts and agencies and from other intvrmation available to our staff, a report and recommendafion will be prepared and a decision will be rendered on the proposal in the near future. If you wish ta cvmment on this appliration. ZF NEED YOUR CfJMMEN75 BACK BY_ August 8. 9997. You may use the space provided be{ow or attach aseparate lett,er to retum yr,ur comments. If,youareunable to resoandby fhe above date, please phone the staff contact nobed abave with yvur comments and confirm your comments in wriEing as saon as passible. lf you have any questions, oentact the Ttgard Planning Division, 13925 SW Hai! Boulevard, Tigard, OR 97223. i ~I PLF1lSE GHECK THE FOLLQIFYING iTEMS THAT APPLY: We have revtewed ~th.e/~ po I and have no objectior~ to i#. Pleas~e coMact swi of our offrce. f'Iease refer to the enclosed lette _ _ llYritten curraments provBded belaw: . ~ ~ - 10- (Please provlde the foflowing infortnatian) Name of Person Commenting: Phone Numaer: ~ ~ 08/06I97 13:54 '&503 684 7297 CITi' OF TIGARD IA002/002 ~ , - . ~ + . ` , ~ I w ~ co , Q. r I ~ E ~ Cu ~ Ca ESRD ~ ~ ~ ~ ~ ~ ~ ~ ZCAOI-0001 - FonnerAnnexanan ZONE CHANGE AINNEXATION APPLICATION CITY OF TIOARD 13125 SW Ha/l Blvd., Tigard, OR 97223 (503) 639-4171 FAX.(503) 684-7297 B. Rager PRE-APP. HELD WITH: Jni_ D' Andrea DATE OF PRE-APP.: 5-20-97 GENERAL INFORMATION Property Address/Location(s): SW 115th Ave.& SW Fonner FOR STAFF USE ONLY . . : . . . . . : . : . . . . S t r e e t . . . : Case No.(s): . . . . . : Tax Map & Tax Lot #(s): 251 3BD T.L. 4400 ' Other Case No.(s)' ' Receipt No.:,::::.: . . . . . . . . Site Size: 3_ 6 9 a c r e s Application Accepted: By: ~ Property Owner/Deed Holder(s)'Walter & Yvonne Hordichok Date: : . . . . . Address: 5420 NW Sewell Rd. Phone: Date Determined To Be Complete: City: H; 1 1 Gboro Zip: 97124 APPlicant': DAAL Homes / Eaton Properties Comp::Plan2one~Designa Address: 4351 SW Cullen Blvd. phone: 245-2117 ' iry: Portland, OR Zi P= 97221 C;T . C Area:::::>;;;: ; . . . ' When the owner and the applicant are different people, the applicant Re". ~"•'u'~^%"'ae~s~.ao~ must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space REQIlIRED SUBMIT'TAL ELEMENTS provided on the back of this form or submit a written authorization with this application. - ~ Application Elements Submitted: ; PROPOSAL SUMMARY ~ Application Form The owners of record of the subject property request a Zone Change 011"Completed Boundary Commission forms Annexation from Washington County to Tigard or "Double Majority" Annexation (if applicable) and a Zone Change from Washington Own ' n Authorization County R-5 to Tigard R 4-5 Title Transfer Instrument or Deed Site/Plot Plan The applicant is applying for annexation of copies based on pre-app check list) (provide any additional infortnation here) Site/Plot Plan (reduced 81h"X 11 of a portion of Walnut Island. Q,-<pplicanYsStatement of copies based on pre-app check list) p Filing Fee $1,160.00 - lDdlk&WZ ~ ~ APPLICANTS: To consider an application complete, you wiil need to submit ALL of the E3EDUIRED SUBMITTAL ELEMENT]as described on the front oi this application in the "Required Submittal Elements" box. (Detailed Submittai Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above reauest does not violate any deed restrict(ons that may be attached to or imnosed uQOn the subjgct R[owdJC. • If the application is granted, the applicant will exercise the rights granted in accordance with the tertns and subject to all the conditions and limitations of the approval. • 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. • 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. SIGNATURES of each owner of the subject property. DATED this,,~, day of 19 Owner's Signature Owner's Signature ner's Signature Owner's Signature I 2 PROPOSAL DESCRIPTION ~ CITY OF TIGARD OREGON FILE NO: Zone Change Annexation (ZCA) 97-0001 FILE TITLE: Fonner Street APPLICANT: DAAL Homes/Eaton Properties OWNER: Walter and Yvonne Hordichok 4351 SW Cullen Blvd. 5420 NW Sewell Road Portland, OR 97221 Hilisboro, OR 97124 REQUEST: The applicants, DAAL Homes/Eaton Properties, are requesting annexation of Tax Lot 4400 (2S1 3BD) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. . The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE Tigard Comprehensive Plan policies 2.1.1, citizen involvement; 10.1.1, REVIEW CRITERIA: service delivery capacity; 10.1.2, boundary criteria; and 10.1.3, zonin 9 designation. Community Development Code chapters 18.136, annexation requirements; and 18.138 land classification of annexed territory. ZONE: Currently Washington County R-5; proposed City of Tigard R-4.5 CIT: Central CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: 8/26/97 TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP X_ LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN OTHER STAFF CONTACT: Laurie Nicholson (503) 639-4171 x336 - FAX TRANSMITTAL - ~ PLACE UNDER CITY OF TIGARD LO41 GO LEGAL NOTICE SECTION OF TIGARD TIMES DATE: _August 4, 1997 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 Tuesday. August 26,1997, 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) 97-0001 FONNER STREET REQUEST: The applicants, DAAL Homes/Eaton Properties, are requesting annexation of Tax Lot 4400 (2S1 36D) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE REVIEW CRITERIA: Tigard 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: Currently Washington County R-5; proposed City of Tigard R-4.5. BlE ; c ~ . . . , TT PUBLISH August 14. 1997 N j iCA 97-0001 - A ' Fonner Annexation • *PUBLIC HEARING ~ EXHIBIT_/q- NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL, ON TUESDAY, Au u~st 26, 1997• AT 7.30 PM. THE HEARING WILL BE CONDUCTED IN THE TOWN HALL AT TIGARD CIVIC CENTER, LOCATED AT 13125 SW HALL BOULEVARD, TIGARD, OREGON. THE HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING: ZONE CHANGE ANNEXATION (ZCA) 97-0001 FONNER STREET REQUEST: The applicants, DAAL Homes/Eaton Properties, are requesting annexation of Tax Lot 4400 (2S1 36D) into the City of Tigard. The subject site is 3.69 acres and adjacent to the Hunter's Glen Subdivision. SW Fonner Street borders the property on the south and west sides. The existing City boundary runs along the north boundary line of the site. Current Washington County designation is the R-5 District (Residential 5 Units Per Acre) which is in conformance with the City's Low Density Residential Comprehensive Plan Designation. The site is within the Urban Growth Boundary. LOCATION: A 3.69 acre parcel that is bordered by SW Fonner on its south and west sides. APPLICABLE REVIEW CRITERIA: Tigard 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: Currently Washington County R-5; proposed City of Tigard R-4.5. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 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 August 4, 1997, 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 (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING [ORS 197.763(6)]. . 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. . APFROVAL OR DISAPPROVA THE REQUEST BY THE CITY COUW WILL BE BASED UPON THESE CRITERIA AND THESE CRIT~A ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT ' TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER, Laurie Nicholson. AT (503) 639- 4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. I~ ~ ~ Q. , b CARR&N w I rn ~~.V• 3 c I BIE I ~ c ~ 0.. ~ ~ co F F- ~ , U ~ ~ Yicin"itY aNf- p----------- N i tCA 91-0001 - Fonner Annexation Fn nntr hn nt y a.-&'o n ~ , l a ~ a) I ' EXHIBTT 2S103BD-04300 2S103AC-02600 BALDWIN, JAMES RONALD JR BECK, JAY W AND NORA C 11675 SW FONNER 11550 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00208 2S10313D-02300 BOYTE, HOWARD W CAMPBELL, DONALD MARILYN K ALMA W 11560 SW FONNER 11760 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-02400 2S103AC-01100 CLARK, OSCAR H AND DELORIS DURNIN, BRYAN P AND JULIE A M 11800 SW CARMEN ST 11465 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00100 2S103AC-02400 EDWARDS, WILLIAM M FILLER, DAVID E MARY LYNN PAULINE M 11500 SW FONNER 13105 SW 115TH TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00206 2S103AC-01000 FOSTER, EUGENE P& VANESSA K GRECO, LEONARD R 13085 SW HOWARD DR 8751 SIMMS SL • TIGARD,OR 97223 ARVADA,CO 80005 2S1038D-04200 2S103CA-00209 GRIFFIN, CLAIRE R , HOLMES, DONALD W 11725 SW FONNER ST JOAN M TIGARD,OR 97223 13050 SW HOWARD DRIVE TIGARD,OR 97223 o e • • • I I ~ ICITY OF TICARO AFFIDAVIT OF MAILING ORECON STATE OF OREGON ) County of Washington Iss. 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 person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the ~ day of , 1997; said PUBLIC HEARING NOTICE as hereto attached, was poste Xon an appropriate bulletin board on the ..p(a_ day of n.(.a and deposited in the United States Mail on the 44 day of 1997, postage prepaid. Pre ,1red Notice Subscribed and sworn/affrmed before me on the / ~ _OFFICIAI SEAI DIANE M JELDERKS NOTARY PUB OF OREGON NOTARY PUBLIC•OREGON My Commissio xpires: COMMISSION NO.Oa6t42 I MY COMMISSION EXPIRES SEPTEMBER 07, 1999 I. • • LO ~ ~ 2S 03BD0 2S1 36 10 B S103BD087 CARME ' ST 2S10 C01000 ~ 2S 2 03BD06 00 2S1 3B 500 2~ BDO57o0 2 2S 03AC01 00 ~ 2S1 3BD0 400 2S1 3AC0 2S1 3B ; 900 2S103BC)04400 ~ 2 103AC02 ~ 2 03AC0 00 • ~ 2S 03BD04000 ~ 2S103BD04401 ~ 103AC02 23110 B 1012S1 3B co 2S 03BD04 00 ~ 2S103AC02600 ~ i 2S 3CA00 04 2 3CA002 7 cu i 2S1 CA00 2S103D600100 ~ 2 103CA 0 . ~ 2S1 3CA 2S103 00 ~ 2S103CA0020 2S 3DB1 2S1 CA00 06 S 03D O S103CA027 S103CA00 10 I ~ ~ ; ~ < U ~ ~ ' IIIrC1111 I mal~ N ZCA 97-0001 ~ A Notification Area Map ~ J ZcAV 477 --006 ~ F0nME/2- a) 2S103CA-00210 • 2S103AC-02200 HOLMES, DONALD W 8 JOAN M HOLMES, ROBERT W Go VALENTINO, DANNY G& YVONN 11400 SW FONNER 13080 SW HOWARD DR TIGARD,OR 97223 ~ TIGARD,OR 97223 2S1038D-04400 2S1038D-02200 I HORDICHOK, WALTER R TRUSTEE KARLSON, E J V I HORDICHOK, YVONNE E TRUSTEE 11765 SW CARMEN ST 5420 NW SEWELL RD TIGARD,OR 97223 HILLSBORO,OR 97124 2S1038D-04000 2S103DB-10100 KAWASAKI, NOBUO SHARON LE KNUTSON, RICHARD AND JOYCE 5750 E HILLCREST DR 11475 SW SONNE PLACE PORT ORCHARD,WA 98366 TIGARD,OR 97223 2S103CA-00305 2S103CA-02700 LARSEN, JAMES G LEWIS, EUGENE R GLENNA M JANET L 11720 SW FONNER ST 11885 SW JAMES CT TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00304 2S103CA-00306 NICHOL, RICHARD E AND NORSWORTHY, HOLLY ANNA LOUISE H 11660 SW FONNER STREET 11780 SW FONNER RD TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-04101 2S103AC-07200 OCHSNER, MICHAEL A& JOYCE PARISH, FRED C& LORETA ARANT 11785 SW FONNER ST 11385 SW FONNER ST PORTLAND,OR 97223 TIGARD,OR 97223 2S103AC-02300 2S103BD-02500 QUIMBY, ELEANOR N& EARL H RHONE, HENRY JR ' 11480 SW FONNER ST WAYNE, ROSALIE E TIGARD,OR 97223 11860 SW CARMEN TIGARD,OR 97223 2S103DB-00100 2S1038D-04401 SHULTS, MITCHELL T/CARLA P SMITH, WILLIAM L 2074 LAURELEI AVE MARGARET 0 SAN JOSE,CA 95128 11565 SW FONNER TIGARD,OR 97223 2S103CA-00207 2S103DB-10000 WOODLEY, MICHAEL & CASSANDRA B YORK, LAURENCE A 8 LAURA J 11590 SW FONNER 11470 SW SONNE PL TIGARD,OR 97223 TIGARD,OR 97223 ~ ~ -11111 PT ~ , SW T cu ; P ~v ( sr I BlE T ~ i ERT T (u ~ ~I I i C cu ' O ~ ~ i ~ ~ ~ ; -Vicinity Map - N ZCA 97-0001--- _ ; A Fonner Annexation ' --l \ 0000 .l~ 227 LA . • ~ ~ ~ I~ASH I NGTpl~ COU NTY OREGt}N - ~ a ~-~oo sc ~s^"'"'" E~ MAP 2S 1 3BA S 4"~p"Yt s Yrt .55 ' NO zx ~ . 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