ZCA1998-00001
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,
March 10, 1999
CITY OF TIGARD
Oregon Department of Revenue OREGON
Cartography Department
955 Center Street
Salem, OR 97310
RE: Formal submittal of the Ordinance and related Exhibits officially
withdrawing properties annexed into the City of Tigard from the
Tigard Water District.
To Whom It May Concern:
This letter serves as formal notice that certain properties annexed into the
City of Tigard have now been officially withdrawn from the Tigard Water
District. Enclosed is a copy of the signed Ordinance passed by the Tigard
City Council on 2/23/99 withdrawing those properties from the Tigard
Water District. The Department of Revenue previously had the
opportunity to review the "draft" ordinance and the necessary changes
were made at that time to the exhibits prior to adoption by the City
Council.
Thank you for your time on this matter. If you have any questions or
comments, please feel free to contact me at (503) 639-4171 x407.
Sincerely,
Julia Powell Hajduk
Associate Planner
i:\curpln\julia\annex\wdlet2.doc
Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27
C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File
1999 Planning correspondence file
City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6;
97-1,2 & 3; and 98-1,2,3 & 4.
9-4171 TDD
13125 SW Hall Blvd., Tigard, OR 97223 (503) 63 (503) 684-2772
I
~ CITY OF TIGARD, OREGON ~
~
i • ~ ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY
BEEN ANNEXED TO THE CITY ARE WTTHDRAWN FROM THE TIGARD WATER DISTRICT.
VVF-iEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and
WHEREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and
WHEREAS, property within the Tigard Water Dish-ict annexed into the City after March 23, 1993, must be withdrawn from
that Water District to insure the proper entity receives the taxes; and '
WI-IEREAS, pursuant to ORS 222.520(2), the City is liable to the District for certain debt obligations, however, in this
instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be
made; and
Va-IEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of
those annexed properties from the Tigard Water Dish-ict on February 23, 1999; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of
the annexed properties from the Tigard Water District is in the best interest of the Cityof.Tigard; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by
ordinance. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The properties located in the Tigard Water District which have been annexed by the City of Tigard and
Final Order by the Metro Area Boundary commission after the City withdrew from the Tigard Water
District on March 23, 1993, are hereby withdrawn from the Tigard Water District.
SEC"TION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water District are attached
hereto as Exhibits 1 through 27 and incorporated herein.
SECTION 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water ~
District shall be July 1, 1999.
SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By Uf)(tr1( mv- U-S vote of all Council members present after being read by number and title only, this c2
day of a(w" , 1999.
~l-E GU .
Catherine Wheatley, City Recor
APPROVED: By Tigard City Council this!E!~,~ day of , 99. 11,
,
I
a s Nicoli, Mayor
Approved as to form:
A
i Attorney
Date
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Page 1 of 1 i:\citywide\ord\wdwithdr.ord.doc Julia H. I I-Fcb.-99
. ~ . . ~ .
CITY OF TIGARD WATER DISTRICT WITHDRAWAL .
, Boundary Commission
Eina( Ordec No. 3 S S6 EX H I B I T 2 4 ZCA No.jt- _jj • LEGAL DESCRIPTION OF THE AREA
A tract of land in the Southwest quarter of the Northeast quarter, Section 3 Township 2
South, Range 1 West, Wiliamette Meridian, Washington County, Oregon, described as foliows:
Beginning at a point in the center of County Road No. 495 which point bears N 00053' W
a distance of 462 feet and N 87046' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 001053' W a distance of 20.03 feet to the south right-of-way of said County Road and the True Point of Beginning; thence N 871D46' E a
distance of 179.5 feet; thence S 00053' W a distance of 493.0 feet; thence N 89053' W a distance of 353.5 feet, more or less; thence N 00053' E a distance of 455.07 feet to
the south right-of-way of said County Road No. 495; thence N 87147' E a distance of
80.11 feet; thence S 00053' W a distance of 250.13 feet; thence S 89053' E a distance
of 94.0 feet; thence N 00053' E a distance of 233.83 feet to the True Point of 6eginning.
VICINITY MAP OF THE AREA
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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: 3886 - Annexation of territory to the City of Tigard.
Proceedings on Proposal No. 3886 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consents from the City on March 9, 1998,
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 April
30, 1998. 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.
"(c) As local programs become increasingly intergovernmental, the state has a
responsibility to insure orderly determination and adjustment of local government
boundaries to best meet the needs of the people.
"(d) Local comprehensive plans define local land uses but may not specify which
units of local government are to provide public services when those services are
required.
"(e) Urban population densities and intensive development require a broad
spectrum and high level of community services and controls. When areas become
urbanized and require the full range of community services, priorities are required
regarding the type and levels of services that the residents need and desire.
Community service priorities need to be established by weighing the total service needs
against the total financial resources available for securing services. Those service
priorities are required to reflect local circumstances, conditions and limited financial
resources. A single governmental agency, rather than severar governmental agencies is
Final Order - Page 1
' , , , ~ • 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 determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
comprehensive plan provides inadequate policy direction shall the commission consider
the statewide planning goals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
"199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
' boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) TerritorY within a citY maY not be included within or annexed to a district
without the consent of the city council;
"(b) Territory within a city may not be included within or annexed to another city;
and '
Final Order - Page 2
, , ' ~ •
"(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. 3886 on April 30, 1998.
NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the
attached map, be annexed to the City of Tigard as of the date of approval,
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
DATE: 6~gL. (c(9'b BY: -QJA,"~
hair
ATTEST:
Final Order - Page 3
, , , • •
Exhibit A
• Proposal No. 3886
FINDINGS
Based on the study and public hearing, the Commission found:
1. The territory to be annexed contains 3.25 acres, two vacant single family residences, and is
evaluated at $378,650.
2. The property owners desire City services to facilitate development of approximately 12 single
family residences and to partition TL 2101 into two lots.
3. The Boundary Commission has three adopted policies. The first of these policies states that
the Commission generally sees cities as the primary providers of urban services. Recognizing
that growth of cities may cause financial problems for the districts, the Commission states in
the second policy that the Commission will help find solutions to the problems. The third
policy states that the Commission may approve illogical boundaries in the short term if these
lead to logical service arrangements in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
5. The territory is located within the County's West Tigard Community Planning area. Washing-
ton County passed an ordinance, effective May 1, 1997, that pertains to "land generally
described in the County's West Tigard Community Plan and the Bull Mountain Community
Plan, including Walnut Island, and an area north of the Tualatin River and East of Highway 99,
but excluding the area immediately adjacent to King City." The following sections within the
ordinance apply to this proposal.
ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORAT-
ED CITY OF TIGARD AREA
801-4 Replacement
As specified herein, this Ordinance replaces the existing Washington County
Community Development Code standards applicable to all development propos-
als within the scope of this Ordinance and within the effected area, with the
City of Tigard Community Development Plan... this Ordinance replaces the
County Comprehensive Framework Plan with the City of Tigard Comprehensive
Plan.
801-7.4 Comprehensive Plan
This Ordinance does not amend or alter the applicability of the text of either the
Bull Mountain or the West Tigard Community Plan. It amends only the maps of
these two community plans to apply the functionally equivalent zoning district
and plan designations of the City of Tigard to these areas
.
Final Order - Page 4
, , , • •
Exhibit A
Proposal No. 3886
The County Plan originally designated the site as low density residential, with a zoning of R-5
(5 units per acre). The County's current designation is low density residential, with a zoning
of R-4.5 SFR as in accordance with Article VIII. The Washington County Physical Limitations
Plan Map (Figure 2) designates a Drainage Hazard Area in the southeast corner of the subject
area.
6. Washington County reviewed its role in service provision in its Countv 2000 program. In this
document, the County adopted a policy of supporting a service delivery system which
distinguishes between municipal and county-wide services to achieve tax fairness and
expenditure equity in the provision of public services. The County policy states that municipal
services should be provided either by cities or special districts.
7. The City of Tigard and Washington County have entered into an Urban Planning Area Agree-
ment (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 redevel-
opment 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.
Final Order - Page 5
, , , • •
Exhibit A
Proposal No. 3886
7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning
Area.
8. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here:
10.1.1 Prior to the annexation of land to the City of Tigard:
a. The city shall review each of the following services as to adequate capacity, or such
services to be made available, to serve the parcel if developed to the most intense use
allowed, and will not significantly reduce the level of services available to developed and
undeveloped land within the City of Tigard. The services are:
1. water;
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted capital improvements program ordinance, the applicant shall sign
and record with Washington County a nonremonstrance agreement regarding the follow-
ing:
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:
al water;
' b) sewer;
c) drainage; and
d) streets.
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 10.1.11a►.
Final Order - Page 6
, , , ~ •
Exhibit A
Proposal No. 3886
The County Plan has been amended to reflect City of Tigard land use designations and zoning
for the area that includes the subject parcel. Regardless, the City passed an ordinance for this
proposal which will adopt City zoning upon annexation. The City's designates the property as
low density residential, with a zoning of R-4.5 SFR.
9. An 8-inch City sewer line in SW Fonner St. which is adjacent 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
inches in diameter within the City limits and for storm water facilities within the City limits as
identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all
industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees
not to extend sanitary sewer service to areas outside the City within the City's Urban Planning
Area (as identified in the City-County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees and
user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of
treatment and transmission of the sewage or storm water. The City may impose higher costs
than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of
$ 1.00 per 100 cubic feet of water used by the customer. These City charges are the same as
those charged by U.S.A..
10. There is a 6-inch water line in SW Fonner St., which is adjacent to the site.
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 are charged bi-monthly. They include an
administrative fee of $3.56, and a water use charge for everything over 800 cf. is of
$1.32/100 cf. for territories both within and outside of the City/District boundaries.
Final Order - Page 7
„ , • •
Exhibit A
' Proposal No. 3886
11. The territory is within the Washington County Enhanced Sheriff's Patrol District which,
included with the basic County-wide level of protection, provides .93 officers per 1000
population. The parcel will be automatically withdrawn from the District upon annexation.
The tax rate of $.6372 per $1000 assessed value will no longer be levied on the property.
Subsequent to annexation, the Tigard Police Department will provide police protection to the
territory. Tigard provides a service level of 1.56 officers per thousand population. Emergen-
cy response in Tigard is under five minutes. The police department has commented on the
proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the annexation.
12. The territory is within the TualatinValley Fire and Rescue District. Annexation will not affect
this service because the City is in the District.
13. The East Washington County Functional Classification System designates SW Fonner Street as
a Minor Collector, which is primarily intended to provide access to abutting properties and to
serve local access needs of a neighborhood including limited through traffic. It is Washington
County's policy to retain jurisdiction over major collectors and arterials, and to turn over
jurisdiction of local streets to cities upon request after annexation.
The territory is within the boundary of the Washington County Urban Road Maintenance
District. Upon annexation the territory would be automatically withdrawn from the District,
and the 1997-98 levy of $0.2458 per thousand assessed value will no longer apply.
14. The U.S.A. has responsibility for surface water management within the Washington County
urban growth boundary. U.S.A. has entered into an intergovernmental agreement with Tigard
for allocation of the City and the U.S.A. responsibilities. The City has responsibilities for
operations and maintenance of storm and surface water facilities within the City. In the
County, responsibility for maintaining drainage associated with roadways remains with the
Department of Land Use and Transportation. Therefore, road related drainage facilities do not
transfer to the City upon annexation unless the road transfers to the City. The City may not
issue permits for construction within or modification to a wetland, floodway or floodplain
without first receiving approval from U.S.A.
The District imposes a storm drainage fee of $4 per month on all properties of which the City
keeps 75% or $3.
15. The territory is within the Washington County Service District #1 for street lights. The District
provides services to areas within its boundary which request street lighting services. The
District uses local improvement districts to finance the service. Upon annexation the territory
will be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source. Street lights are required by the City in
residential subdivisions. Upon installation of street lights by a developer to City standards, the
City accepts dedication of the street lights and takes on ongoing operation and maintenance
costs. '
Final Order - Page 8
, , . , • •
. Exhibit A
Proposal No. 3886
16. 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. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR
193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-
015).
Final Order - Page 9
•
Exhibit B
Proposal No. 3886
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
A tract of land in the Southwest quarter of the Northeast quarter, Section 3 Township 2
South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as
follows:
Beginning at a point in the center of County Road No. 495 which point bears N 00053' W
a distance of 462 feet and N 87046' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 00 ° 53' W a distance of 20.03 feet to the south
right-of-way of said County Road and the True Point of Beginning; thence N 87146' E a
distance of 179.5 feet; thence S 00 ° 53' W a distance of 493.0 feet; thence N 89 ° 53'
W a distance of 353.5 feet, more or less; thence N 00053' E a distance of 455.07 feet to
the south right-of-way of said County Road No. 495; thence N 87047' E a distance of
80.11 feet; thence S 00 ° 53' W a distance of 250.13 feet; thence S 89053, E a distance
of 94.0 feet; thence N 00053' E a distance of 233.83 feet to the True Point of Beginning.
Final Order - Page 10
, , , . • •
PROPOSAL ■ 3886
SW1l4 NE1l4 SECTION 3 T2S R1W W.M. 2S 1 3AC
Washington County
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PROPOSAL N0. 3886
CITY OF TIGARD
ANNEXATION
FIGURE 2
. . ~CR 9~ ooo/
June 22, 1998 CITY OF TIGARD
OREGON
Anneacations
Center for Population Research & Census
Portland State University . PO Box 751
Portland, OR 97207
RE: Annexation Final Order Numbers 3875, 3886, 3887, 3888 and 3892
Enclosed please find questionnaires and completed census schedules for the above
' referenced annexations.
Thank you,
vvian rrmimo
Administrative Specialist I
enclosures
i:\curpln\.ivia,\am«\ps,oover.aoc
13125 SW Hall Bivd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
> • • .
Return completed questionnaire to:
Center for Population Research and Census
P O Box 751
Portland State University
Portland, OR 97207-0751
No later than aune 26, 1998 for certification on June 30, 1998.
A N N E X A T I 0 N Q U E S T I O N N AI R E
City of I i c,prL~ County of
Annexation Ordinance Number or Final Order Number V~G
Effective Date of Annexation May 20, 199B
NOTE: Enumeration of annexations which involve 200 or more
housing units must be conducted under the supervision of the
Center for Population Research and Census to be certified.
Complete the following section if there are less than 200 housing
' units in this annexation.
Attach completed confidential census schedules for all housing
units both vacant and occupied. There must be one sheet for each
inhabitable housing unit.
HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION
TOTAL OCCUPIED VACANT PERSONS
UNITS IN SINGLE FAMILY
STRUCTURES 2 0 2 0
UNITS IN MULTIPLE FAMILY
STRUCTURES 0
MOBILE HOMES OR TR.AILERS 0
TOTAL POPULATION OF ANNEXED
AREA 0 DATE OF ENUMER.ATION 6/22/98
ENUMER.ATED BY Vivian Nimmo POSITIOIJ ~~~~tive Sg-~ist I
TELEPHONE NUMBER (503) 629-4171 x 419
This questionnaire and the completed census schedules are the only
data used to certify annexed population. Please DO NOT send maps,
copies of the final ordinance, lists of addresses, etc. to our
office unless you are requested to do so.
If there are any questions, or to schedule' a census, contact Barry
Edmonston at the Center for Population Research and Census (503)
725-5101. THANK YOU.
• • ZCA 98-0001
C ONFIDENTIAL
City of TIGARD
Address 11300 SW Fonner Street
HOUSING TYPE TENIIFtE
Single Unit Structure (x) owner occupied
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home Vacant (X)
RESIDENTS
Last Vame First Name Sex Age
Respondent
2.
3.
4.
5.
6.
7.
8.
9.
I 10.
Portland State University School of Urban and Public Affairs
Center For Pooulation Research and Census 725-3922
i
• ~ •
CONFIDENTIAL ZCA 98-0001
City of TIGARD
Add r e s s 11370 SW Fonner Street
IiOUSING TYPE TENURE
Single Unit Structure (X) Owner Occupied
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home Vacant (X)
RESZDENTS
Last Name First Name Sex Age
Respondent
2.
3.
4.
5.
6.
7.
8.
9.
10.
Portland State University School of Urban and Public Affairs
Center For Population Research and Census 725-3922
~ -7G~ l7-'aOD.~ ~
COPY
cinroF TiG~D
DATE: June 3, 1998 OREGON
TO: INTERESTED PARTIES
RE: Fnal Order on Annexation Nos.:
3875 (ZCA 97-0003 - Furman Annexation); ~
3886 (ZCA 98-0001 - FsheNPassmore Fonner Street Annexation);
3887 (ZCA 98-0002 - Fisher/Passmore Wainut Street Annexation);
3888 (ZCA 98-0003 - Schmidtke Annexation);
3892 (ZCA 98-0004 - Gaarde StreeUOlsen Heights Subdivision Annexation)
We have received the final order from the Portland Metropolitan Area Local Govemmerrt Boundary
Commission Annexation Nos. 3875 (ZCA 97-0003), 3886 (ZCA 98-0001), 3887 (ZCA 98-0002),
3888 (ZCA 98-0003) and 3892 (ZCA 98-0004).
EFFECTIVE DATE: MAY 20, 1998
Maps of the annexed properties are attached. Census infomnation is as follows:
Boundary Commission Fnal Order No. 3875:
. . . . . . . . . . . . .
. . . .
. . . . . .
. . .
4WNER(S):NAME AND'ADDRES:::: DATA: '
: . : . . .
. . . . .
Linda and Richard Furtnan WCTM 2S1108A, Tax Lot 01700
11754 SW Gaarde Street 1-0CCUPIED Single-Family Residence
Tigard, OR 97224 • Site Address: 11754 SW Gaartie Street
Fst. Population: 2
Boundary Commission Fnal Order No. 3886:
~ : . . . : . . : . . : . .
. : .
,
` . . OWNER(S)NAME AND AODRESS:. : SPECIFIC PARCELDATA: . . . .
Fisher Properties Trust WCTM 2S103AC, Tax Lot 02101
P.O. Box 11370 1-VACAfVT Single-Family Residence
Portland, OR 97211 Site Address: 11370 SW Fonner Street
Fst. Population: 0
Carol Wlliams WCTM 2S103AC, Tax Lot 02000
9155 SW Rambler Lane 1-VACANT Singte-Family Residence
Portland, OR 97223 Site Address: 11300 SW Fonner Street
SR Tumer Constnudion, LLC. EsL Population: 0
8835 SW Canyon Lane, Suite 408
Portland, OR 97225
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. , • •
Bounda Commission Final Order No. 3887:
.
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
. I
Fisher Properties Tnust WCTM 2S104AD, Tax Lot 03300 I
P.O. Box 11370 1-VACANT Single-Family Residence
Portland, OR 97211 Site Address: 12920 SW Walnut Street ~
Est. Population: 0 i
Boundary Commission Final Order No. 3888: I
. : : . .
. . . . , . . . . . .
~ OWNER(S):NAME ANO ADDRESS: ~ SPECIFIC PARCEt:DATA: ~
Donald Campbell WCTM 2S103BD, Tax Lot 02300
11760 SW Carmen Str+eet 1-VACANT Single-Family Residence
Tigard, OR 97223 Site Address: 11760 SW Carmen Street
F_st. Population: 0
Boundary Commission Fnal Order No. 3892:
. . . . . . .
. . . ~ . . . .
. . .
: . . . (S), NAME:AND AOORESS:: ~ :::~°:::::SPECIFIC PARCEL DATA
Janice Justlce WCTM 2S11086, Tax Lot 00100
11920 SW Gaarde SVeet 1-OCCUPIED Single Family Residence
Tigard, OR 97224 gfte qddress; 11920 SW Gaartie Street .
~ Est. Population: 2
Ron and Wilma Lambert WCTM 2S11068, Tax Lot 00400
11910 SW Gaarde Street 1-OCCUPIED Single-Family Residence
Tigard, OR 97223 Site Addre.ss: 11910 SW Gaar+de Street
Est. Population: 3
Four D Construdion WCTM 2S110B8, Tax Lot 00300
P.O. Box 1577 Vacant lot, no address
Beaverton, OR 97075
WCTM 2S110BA, Tax Lot 02100
Vacant lot no address '
Robert and Kay Norin . . WCTAA 2S1108A, Tax Lot 02200 and 02300
11900 SW Gaarde SVeet 1-0CCUPIED Single-Family Residence
Tigarci, OR 97224 Site Address: 11900 SW Gaande Street
Est. Population: 3
Please call me if you have any questions conceming this infortnation at (503) 639-4171.
Sincerely,
~ ulia Powell Hadjuk, Associate Planner
Community Development Department
ba,rplMviWanlannaaet.rnst .
Enclosures
a • ~ • .
COPY
City of Tlgard
M E M 0 R A N D U M s~~g~ ~~~~n;.gy
CITY OF T16ARD, OREGOH
TO: Chief of Police, City Engineer, Engineering TechniciaNJurisdiction
Coordinator, Water/Accounting (Amanda" Bewersdorfff), Building Official,
Library Director, GIS Specialist, City Recorder, Operations Manager and DST
Supervisor
FROM: Vivian Nimrr'fo, Planning Assistant
DATE: June 2, 1998 SUBJECT: Final Order on Annexation Nos.:
3875 (ZCA 97-0003 - Furman Annexation);
3886 (ZCA 98-0001 - Fisher/Passmore Fonner Street Annexation);
3887 (ZCA 98-0002 - Fisher/Passmore Walnut Street Annexation);
3888 (ZCA 98-0003 - Schmidtke Annexation);
3892 (ZCA 98-0004 - Gaarde StreeUOtsen Heights Subdivision Annexation)
We have received the final order from the Portland Metropolitan Area Local Govemment
Boundary Commission Annexation Nos. 3875 (ZCA 97-0003), 3886 (ZCA 98-0001),
3887 (ZCA 98-0002), 3888 (ZCA 98-0003) and 3892 (ZCA 98-0004).
EFFECTIVE DATE: MAY 20, 1998
Maps of the annexed properties are attached. Census information is as follows:
Boundary Commission Final Order No. 3875: '
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
Linda and Richard Furman , WCTM 2S1106A, Tax Lot 01700
11754 SW Gaarde Street 1-OCCUPIED Single-Family Residence
Tigard, OR 97224 Site Address: 11754 SW Gaarde Street
Est. Population: 2
Annexation Memo - Page 1
, ~ •
Boundary Commission Final Order No. 3886:
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
Fisher Properties Trust WCTM 2S103AC, Tax Lot 02101
P.O. Box 11370 1-VACANT Single-Family Residence
Portland, OR 97211 Site Address: 11370 SW Fonner Street
Est. Population: 0
Carol Williams WCTM 2S103AC, Tax Lot 02000
9155 SW Rambler Lane 1-VACANT Single-Family Residence
Portland, OR 97223 Site Address: 11300 SW Fonner Street
Est. Population: 0
SR Tumer Construction, L.L.C.
8835 SW Canyon Lane, Suite 408
Portland, OR 97225
Boundary Commission Final Order No. 3887:
OWNER(S) NAME AND ADDRESS: . SPECIFIC PARCEL DATA
Fisher Properties Trust WCTM 2S104AD, Tax Lot 03300
P.O. Box 11370 1-VACANT Single-Family Residence
Portland, OR 97211 Site Address: 12920 SW Walnut Street
Est Population: 0
Boundary Commission Final Order No. 3888:
~ OWNER(S) NAME AND ADDRESS: SPECIFIC'PARCEL DATA .
Donald Campbell WCTM 2S103BD, Tax Lot 02300 .
11760 SW Carmen Street 1-VACANT Single-Family Residence
Tigard, OR 97223 Site Address: 11760 SW Carmen Street
Est. Population: 0
AnnexaUon Memo - Page 2
' ` •
Boundary Commission Final Order No. 3892:
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
Janice Justice WCTM 2S110BB, Tax Lot 00100
11920 SW Gaarde Street 1-OCCUPIED Single Family Residence
Tigard, OR 97224 Site Address: 11920 SW Gaarde Street
Est. Population: 2
Ron and Wilma Lambert WCTM 2S110B6, Tax Lot 00400
11910 SW Gaarde Street 1-OCCUPIED Single-Family Residence
Tigard, OR 97223 Site Address: 11910 SW Gaarde Street
Est. Population: 3
Four D Construction WCTM 2S110BB, Tax Lot 00300
P.O. Box 1577 Vacant lot, no address
Beaverton, OR 97075 .
WCTM 2S110BA, Tax Lot 02100
Vacant lot, no address
Robert and Kay Norin WCTM 2S11013A, Tax Lot 02200 and 02300
11900 SW Gaarde Street 1-OCCUPIED Single-Family Residence
Tigard, OR 97224 Site Address: 11900 SW Gaarde Street
Est. Population: 3
Please refer any questions to Julia Powell Hajduk at x407.
Attachment
.
AnnexaUon Memo - Page 3
• 0
ANNEXATION PROCESS CHECKLIST 11370 File name 6 s~,:~.,~c
File number ZCA9g-oso/
✓ Talk with applicant about property and site. Confirm that annexation is possible for this
property
/ Applicant submits City Annexation form and Boundary Commission form
~ Enter application into current Docket book and Tidemark
J Reviewed BC form for completeness, filled in form #16 as much as possible
/,,*'Send copies of form #16 to Greg Barry them for complete sections
ai ~ n~q ( ea~ ;
~ Send legal description to Engine r~ ing 6-he-att-hern check-- ok
~
✓ Schedule City Council public hearing date - (Approximately 6 to 8 weeks from the date
it is entered into the Docket) ay~-Z
✓ Prepare "proposal" for mail-out and ad to paper.
Give information to Patty so she can prepare for ad. Must completed by
_,Z-Contact Finance to have check cut for~oundary Commission fee if site is in Active
Planning Area - f~ 60s ~ Prepare Resolution and Ordinance ~
-.,ZPrepare Staff report
Due to Admin *12 days prior to CC ,
Due to Patty and Dick 1 week prior to packet due date. ~a?,C 5
Packet due date: 112- Due for review by Dick and Patty: v
~
C/ Prepare exhibits for Council presentation
Ml--/Council approves Resolution and Ordinance
~
~Certified and signed copy of resolution sent to Boundary Commission along with the
Boundary Commission application form and a check.
Boundary Commission hearing. Date of hearing:
~ Final order received and forwarded to Patt for her to do Annexation Follow-u
Y P
procedure.
. 2cdq e7`1-o610i
Aprif 30, 1998 Hearing
~ PROPOSAL NO. 3886 - CITY OF TIGARD - Annexation
RECEIVED PLANNING
Petitioner: City of Tigard; Tom Fisher; Carol Williams; SR Turner Construction qpR 2 7 1998
90th Day: June 7, 1998 . CI'ryOFTIGARD
Proposal No. 3886 was initiated by a petition of property owners/registered voters and
resolution from the Tigard City Council. The resolution and petitions meet the require-
ments for initiation set forth in ORS 199.490(2)(a) (B), double-majority annexation law. If
the Commission approves the proposal, the boundary change will become effective on the
date of approval subject to the provisions of ORS 199.519.
The territory to be annexed is located generally in the west part of the City, on the south
edge of SW Fonner Street, and east of 1 15th Avenue. The territory contains 3.25 acres,
two vacant single family residences and is evaluated at $378,650.
REASON FOR ANNEXATION
The property owners desire City services to facilitate development of approximately 12
single family residences and to partition TL 2101 into two lots.
BOUNDARY COMMISSION POLICIES
The Boundary Commission has three adopted policies. The first of these policies states
that the Commission generally sees cities as the primary providers of urban services.
Recognizing that growth of cities may cause financial problems for the districts, the
Commission states in the second policy that the Commission will help find solutions to the
problems. The third policy states that the Commission may approve illogicaf boundaries in
the short term if these lead to logical service arrangements in the long term.
LAND USE PLANNING
Regional Planning. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washington Countv Planning. The territory is located within the County's West Tigard
Community Planning area. Washington County passed an ordinance, effective May 1,
1997, that pertains to "land generally described in the County's West Tigard Community
Plan and the Bull Mountain Community Plan, including Walnut Island, and an area north of
Proposal No. 3886 - Page 1
the Tualatin River and East of Highway 99, but excluding the area immediately adjacent to
King City." The following sections within the ordinance apply to this proposal.
ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORAT- I
ED CITY OF TIGARD AREA
' 801-4 Replacement
As specified herein, this Ordinance replaces the existing Washington County
' Community Development Code standards applicable to all development proposals
within the scope of this Ordinance and within the effected area, with the City of
I Tigard Community Development Plan... this Ordinance replaces the County
Comprehensive Framework Plan with the City of Tigard Comprehensive Plan.
801-7.4 Comprehensive Plan
This Ordinance does not amend or alter the applicability of the text of either the
Bull Mountain or ths West Tigard Comrnunity Plan. It amends only the maps of
these two community plans to apply the functionally equivalent zoning district
and plan designations of the City of Tigard to these areas
The County Plan originally designated the site as low density residential, with a zoning of
R-5 (5 units per acre). The County's current designation is low density residential, with
zoning of R-4.5 SFR as in accordance with the ordinance described above (Article VIII).
The Washington County Physical Limitations Plan Map (Figure 2) designates a Drainage
Hazard Area in the southeast corner of the subject area.
Countv 2000. Washington County reviewed its role in service provision in its Countv
2000 program. In this document, the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
' achieve tax fairness and expenditure equity in the provision of public services. The County
policy states that municipal services should be provided either by cities or special districts.
Urban Planning Area AQreement. The City of Tigard and Washington County have entered
into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and
Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area"
within which the City assumes responsibility for land use planning, and an "Area of
Interest" in which the County agrees to coordinate its plarining 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 PlanninQ Area means the incorporated area and certain unincorporated areas
contiguous to the incorporated area for which the CITY conducts comprehensive
Proposal No. 3886 - Page 2
• •
planning and seeks to regulate development activities to the greatest extent possi-
ble.....
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 660-11 within the Active Planning Area.
4. The COUNTY shall not approve land divisions within the Active Planning Area which
would create lots less than 10 acres in size, unless public sewer and water service
are available to the property.
5. The COUNTY shall not approve a development in the Active Planning Area if the
proposal would not provide for, nor be conditioned to provide for, an enforceable plan
for redevelopment to urban densities consistent with CITY's Comprehensive Plan in
the future upon annexation to the CITY as indicated by the CITY Comprehensive
Plan.
6. Approval of the development actions in the Active Planning area shall be contingent
upon provision of adequate urban services including sewer, water, storm drainage,
streets, and police and fire protection.
7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active
Planning Area.
Citv of Tigard PlanninQ. The Tigard Comprehensive Plan Polices relevant to this proposal
are provided here:
• • w
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:
Proposal No. 3886 - Page 3
• •
1. The formation of a local improvement district (L.I.D.) for any of the following '
services that could be provided through such a district. The extension or
improvement of the following:
a) water;
b) sewer;
c) drainage; and
d) streets.
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 irre9ular boundarY that makes it difficult for the
police in an emergency situation to determine whether the parcel is within or outside
the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to the city
boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
The County Plan has been amended to reflect City of Tigard land use designations and
zoning for the area that includes the subject parcel. Regardless, the City passed an ordi-
' nance for this proposal which will adopt City zoning upon annexation. The City's designa-
tes the property as low density residential, with a zoning of R-4.5 SFR.
FACILITIES AND SERVICES
Sanitarv Sewer Service. An 8-inch City sewer line in SW Fonner St. which is adjacent 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 wet-
lands, floodways and floodplains. The agreement provides that the city owns and is
responsible for sanitary sewer lines under 24 inches in diameter within the City limits and
Proposal No. 3886 - Page 4
for storm water facilities within the City limits as identified on a map (virtually all facilities).
The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and
out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to
areas outside the City within the City's Urban Planning Area (as identified in the City-
County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees
and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the
costs of treatment and transmission of the sewage or storm water. The City may impose
higher costs than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of
51.00 per 100 cubic feet of water used by the customer. These City charges are the
same as those charged by U.S.A..
Water Service. There is a 6-inch water line in SW Fonner St., which is adjacent to the site.
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 are charged bi-monthly. They include
an administrative fee of $3.56, and a water use charge for everything over 800 cf. is of
$1 .32/100 cf. for territories both within and outside of the City/District boundaries.
Police Service. The territory is within the Washington County Enhanced Sheriff's Patrol
District which, included with the basic County-wide level of protection, provides .93
officers per 1000 population. The parcel will be automatically withdrawn from the District
upon annexation. The tax rate of $.6372 per $1000 assessed value will no longer be
levied on the property.
Subsequent to annexation, the Tigard Police Department will provide police protection to
' the territory. Tigard provides a service level of 1.56 officers per thousand population.
Emergency response in Tigard is under five minutes. The poiice department has comment-
ed on the proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the
annexation.
Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
Transportation. The East Washington County Functional Classification System designates
SW Fonner Street as a Minor Collector, which is primarily intended to provide access to
abutting properties and to serve local access needs of a neighborhood including limited
Proposal No. 3886 - Page 5
• •
through traffic. It is Washington County's policy to retain jurisdiction over major collectors
and arterials, and to turn over jurisdiction of local streets to cities upon request after
annexation.
The territory is within the boundary of the Washington County Urban Road Maintenance
District. Upon annexation the territory would be automatically withdrawn from the
District, and the 1997-98 levy of $0.2458 per thousand assessed value will no longer
apply.
Storm DrainaQe. The U.S.A. has responsibility for surface water management within the
Washington County urban growth boundary. U.S.A. has entered into an intergovernmental
agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The City
has responsibilities for operations and maintenance of storm and surface water facilities
within the City. In the County, responsibility for maintaining drainage associated with
roadways remains with the Department of Land Use and Transportation. Therefore, road
related drainage facilities do not transfer to the City upon annexation unless the road
' transfers to the City. The City may not issue permits for construction within or modifi-
cation to a wetland, floodway or floodplain without first receiving approval from U.S.A.
The District imposes a storm drainage fee of $4 per month on all properties of which the
City keeps 75% or $3.
Street Liahts. The territory is within the Washington County Service District #1 for street
lights. The District provides services to areas within its boundary which request street
lighting services. The District uses local improvement districts to finance the service.
Upon annexation the territory will be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source. Street lights are required by the City
in residential subdivisions. Upon installation of street lights by a developer to City
standards, the City accepts dedication of the street lights and takes on ongoing operation
and maintenance costs.
Vector Control. The territory is within the boundary of the Washington County Vector
Control District. Tigard is not a part of the District. Upon annexation, the territory will be
automatically withdrawn from the unfunded Washington County Vector Control District.
. . , . . . - . . .
RECOMMENDATION
Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit
A, the staff recommends that Proposal No. 3886 be appioved.
Proposal No. 3886 - Page 6
. • • •
3886
OPOSAL ■
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PROPOSAL NOo 3886
CITY OF TIGARD
ANNEXATION
FIGURE 1
PROPOt;AL •
■ 3886
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PROPOSAL N0. 3886
CITY OF TIGARD
ANNEXATION
FIGURE 2
I
• •
Exhibit A
Proposai No. 3886
FINDINGS
Based on the study and public hearing, the Commission found:
1. The territory to be annexed contains 3.25 acres, two vacant single family residences,
and evaluated at $378,650.
2. The property owners desire City services to facilitate development of approximately
12 single family residences and to partition TL 2101 into two lots. I
3. The Boundary Commission has three adopted policies. The first of these policies I~
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 logicaf service arrange-
ments in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
5. The territory is located within the County's West Tigard Community Planning area.
Washington County passed an ordinance, effective May 1, 1997, that pertains to
"land generally described in the County's West Tigard Community Plan and the Bull
Mountain Community Plan, including Walnut Island, and an area north of the Tualatin
River and East of Highway 99, but excluding the area immediately adjacent to King
City." The following sections within the ordinance apply to this proposal.
ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNIN-
CORPORATED CITY OF TIGARD AREA
801-4 Replacement
As specified 'nerein, this Ordinance repiaces the existing Washingtor.
County Community Development Code standards applicable to all
development proposals within the scope of this Ordinance and within
the effected area, with the City of Tigard Community Development
Plan... this Ordinance replaces the County Comprehensive Frame-
work Plan with the City of Tigard Comprehensive Plan.
801-7.4 Comprehensive Plan
This Ordinance does not amend or alter the applicability of the text of
either the Bull Mountain or the West Tigard Community Plan. It
Findings - Page 1 of 7
• •
Exhibit A
Proposal No. 3886
amends only the maps of these two community plans to apply the
functionally equivalent zoning district and plan designations of the City
of Tigard to these areas
The County Plan originally designated the site as low density residential, with a zoning
of R-5 (5 units per acre). The County's current designation is low density residential,
with a zoning of R-4.5 SFR as in accordance with Article VIII. The Washington
County Physical Limitations Plan Map (Figure 2) designates a Drainage Hazard Area in
the southeast corner of the subject area.
6. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system
which distinguishes between municipal and county-wide services to achieve tax 'fairness and expenditure equity in the provision of public services. The County policy
states that municipal services should be provided either by cities or special districts.
7. The City of Tigard and Washington County have entered into an Urban Planning Area
Agreement (UPAA) which is a part of both the County's and Tigard's adopted Compre-
hensive Plans. The UPAA sets out an "Active Planning Area" within which the City
assumes responsibility for land use planning, and an "Area of Interest" in which the
County agrees to coordinate its planning because of the potential impacts on Tigard.
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 Planninq Area means the incorporated area and certain unincorporated
areas contiguous to the incorporated area for which the CITY conducts compre-
hensive planning and seeks to regulate development activities to the greatest
extent possible.....
2. The CITY shall be responsible for comprehensive planning within the Active
Planning Area.
3. The CITY is responsible for the preparation, adoption and amendment of the
public facility plan required by OAR 660-11 within the Active Planning Area.
4. The COUNTY shall not approve land divisions within the Active Planning Area
which would create lots less than 10 acres in size, unless public sewer and
water service are available to the property. Findings - Page 2 of 7
~
. • 0
~ Exhibit A
Proposal No. 3886
5. The COUNTY shall not approve a development in the Active Planning Area if the
proposal would not provide for, nor be conditioned to provide for, an enforceable
plan for redevelopment to urban densities consistent with CITY's Comprehensive
Plan in the future upon annexation to the CITY as indicated by the CITY Compre-
hensive Plan.
6. Approval of the development actions in the Active Planning area shall be 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.
8. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here:
10.1.1 Prior to the annexation of land to the City of Tigard:
a. The city shall review each of the following services as to adequate capacity, or
such services to be made available, to serve the parcel if developed to the most
intense use allowed, and will not significantly reduce the level of services
available to developed and undeveloped land within the City of Tigard. The
services are:
1. water;
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted 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 follow-
ing services that could be provided through such a district. The extension
or improvement of the following:
a1 water;
b) sewer;
c) drainage; and
I d) streets.
Findings - Page 3 of 7
Exhibit A
Proposal No. 3886
10.1.2 Approval of proposed annexations of land by the city shall be based on findings
with respect to the fo!lowing:
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.
The County Plan has been amended to reffect City of Tigard land use designations and
zoning for the area that includes the subject parcel. Regardless, the City passed an
ordinance for this proposal which will adopt City zoning upon annexation. The City's 'I
designates the property as low density residential, with a zoning of R-4.5 SFR.
9. An 8-inch City sewer line in SW Fonner St. which is adjacent to the site. II
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 L+nder 24 inches in diameter within
the City limits and for storm water faciiities within the City limits as identified on a
map (virtually a11 facilities). The Unified Sewerage Agency is responsible for all
industrial waste discharges, both in and out of cities. The Unified Sewerage Agency
agrees not to extend sanitary sewer service to areas outside the City within the City's
Urban Planning Area (as identified in the City-County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for
collecting sanitary and storm sewer connection fees. lf 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
Findings - Page 4 of 7
. o -
~ •
'i Exhibit A
Proposal No. 3886
water. The City may impose higher costs than U.S.A. charges and keep the difference
to offset City costs.
Monthly sanitary sewer user charges are $14.55 per month plus a consumption
charge of $ 1.00 per 100 cubic feet of water used by the customer. These City
charges are the same as those charged by U.S.A..
10. There is a 6-inch water line in SW Fonner St., which is adjacent to the site.
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 bovndaries. The
City intends to withdraw the territory from the District pursuant to an intergovernmen-
tal agreement between the two entities.
The City of Tigard/Tigard Water District water rates are charged bi-monthly. They
include an administrative fee of $3.56, and a water use charge for everything over
800 cf. is of $1.32/100 cf. for territories both within and outside of the City/District
boundaries.
11. The territory is within the Washington County Enhanced Sheriff's Patrol District which,
included with the basic County-wide level of protection, provides .93 officers per
1000 population. The parcel will be automatically withdrawn from the District upon
annexation. The tax rate of $.6372 per $1000 assessed value will no longer be levied
on the property.
Subsequent to annexation, the Tigard Police Department will provide police protection
to the territory. Tigard provides a service level of 1.56 officers per thousand popula-
tion. Emergency response in Tigard is under five minutes. The police department
has commented on the proposal, as required in the City Comprehensive Plan
10.1.2(c), and supports the annexation.
12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not
affect this service because the City is in the District.
13. The East Washington County Functional Classification System designates SW Fonner
Street as a Minor Collector, which is primarily intended to provide access to abutting
properties and to serve local access needs of a neighborhood including limited through
traffic. It is Washington County's policy to retain jurisdiction over major collectors and
arterials, and to turn over jurisdiction of local streets to cities upon request after
annexation.
Findings - Page 5 of 7
Q `
Exhibit A
Proposal No. 3886
The territory is within the boundary of the Washington County Urban Road Mainte-
nance District. Upon annexation the territory would be automatically withdrawn from
the District, and the 1997-98 levy of $0.2458 per thousand assessed value will no
longer apply.
14. The U.S.A. has responsibility for surface water management within the Washington
County urban growth boundary. U.S.A. has entered into an intergovernmental
agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The
City has responsibilities for operations and maintenance of storm and surface water
facilities within the City. In the County, responsibility for maintaining drainage
associated with roadways remains with the Department of Land Use and Transporta-
tion. Therefore, road related drainage facilities do not transfer to the City upon
annexaticn unless the road transfers to the City. The City may not issue permits for
construction within or modification to a wetland, floodway or floodplain without first
receiving approval from U.S.A.
The District imposes a storm drainage fee of $4 per month on all properties of which
the City keeps 75% or $3.
15. The territory is within the Washington County Service District #1 for street lights. The
District provides services to areas within its boundary which request street lighting
services. The District uses local improvement districts to finance the service. Upon
annexation the territory will be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State
shared gasoline tax revenues as its primary revenue source. Street lights are required
by the City in residential subdivisions. Upon installation of street lights by a developer
to City standards, the City accepts dedication of the street lights and takes on ongoing
operation and maintenance costs.
16. 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.
Findings - Page 6 of 7
' . , 0 ~
Exhibit A
Proposal No. 3886
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with City, County, and Regional planning for the area.
2. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated
Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental
Structure (OAR 193-05-015).
Findings - Page 7 of 7
, Z C/I1 9dp-aao /
• ~ ~
, Agenda Item No.
. Meeting of 3- ~ ~4
TIGARD CITY COUNCIL
MEETING MINUTES - FEBRUARY 24, 1998
• 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, and Ken Scheckla.
> Staff Present: City Manager Bill Monahan; City Engineer Gus Duenas; Community
Development Director Jim Hendryx; Asst. to the City Manager Liz Newton;
Engineer Brian Rager (regulaz session); Legal Counsel Tim Ramis; Public
Works Director Ed Wegner; and City Recorder Catherine Wheatley.
> Greenspaces
Bill Monahan, City Manager, agreed that staff should meet to discuss issues with the
greenspaces and then present their report to Council.
> Discuss Trees 2000 Report
Ed Wegner, Public Works Director, reported that the Council goal to plant 2000 trees in
Tigard by the yeaz 2000 has been expanded to approximately 8000 trees (7644 trees plus 500
trees already planted). He said that this goal was part of the visioning process for the aesthetics
of the community as well as good natural resources and flood plain management. He mentioned
the planting of 550 trees in Englewood Park by volunteers on "Let's Make a Difference Day",
and the annual tree planting along Fanno Creek by the Friends of Fanno Creek, scheduled for
March 7 in Englewood Park.
Mr. Wegner reviewed the three work tasks of the program: planting trees in pazks and open
spaces, working with schools and public agencies, and a street tree program. He mentioned the
work of Jeff Munro, Public Works, and Joe Percival, consultant, in mapping out the azeas where
trees should be planted.
Joe Percival, Percival & Associates, said that the over 21 sites in the citY that he and Mr.
Munro visited broke down into two basic types: developed parks and natural areas. He
explained that adding trees to the developed parks added shade, physical structure, beauty and
other environmental benefits. Adding trees to the various kinds of natural areas would reinforce
the function of the natural area, add some diversity, and rectify some of the damage that has
occurred over time.
Mr. Percival said that they considered tree size and tree quantity in evaluating where trees
should be planted. He explained that in the pazks they would plant lazger trees (3-inch caliper)
and fewer of them than they would plant in the natural areas. In natural areas (without
~ irrigation) they would plant many small trees in imitation of nature's scattering of numerous
seeds.
Councilor Scheckla asked if trees in parks would be planted deep enough so that the roots did
not cause problems for maintenance crews. Mr. Percival said that the depth for planting trees
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 1
' • •
was fairly standazd, regardless of size. He explained that they chose tree species for a location
that were suited to the environmental conditions of that location. For example, alder trees near
the Tualatin because they could survive the annual winter flooding, and red oaks and
ornamentals in Summerlake where there was no flooding. Mr. Percival commented that
Washington County was basically a wetland for nine months of the year, so they selected
species that were used to high water tables and nonoxygenated deep soil.
Mr. Percival reviewed the recommendations. He mentioned the need to hire a staff arborist or
urban forest manager to handle the increasing number of natural azea and forested properties the
City was rapidly acquiring. He stated that while the City park staff was excellent, they did not
have the necessary expertise in urban forest management.
Mr. Percival said that they recommended a program for the replacement of trees that were
removed, a program to eliminate the non-native nutria and control the beavers (who caused
much tree damage), and the implementation of guidelines for water quality facilities. He spoke
to the use of trees to help mitigate against invasive species, such as blackberries, ivy, and reed
canary grass. He recommended implementing the recommendations of the Fanno Creek
Watershed Management Plan, as Tigazd was located in that watershed. He mentioned the
upcoming Tigazd Parks & Recreation Master Plan also.
Mr. Percival reviewed their action plan. He explained that they divided Phase 1 into two steps:
spring planting of ornamental trees and trees along the edge of the greenway and the Cook Park
wetland, and fall planting (after the blackberries have been removed during the summer in order
to give the trees a good headstart). He said that they were looking to plant over 1800 trees by
January 1999 in Phase 1.
Councilor Scheckla asked what bidding procedures would be used to purchase the trees, and
whether donations were acceptable. Mr. Wegner explained that they would have three bids for
the spring plantings in Summerlake Pazk and Cook Park. Depending on the amount of money
estimated, they would use either a formal bidding process or get three quotes. He said that they
would accept donations of nursery stock but not a tree that a homeowner wanted removed from
his backyard.
Councilor Hunt asked if the City would acquire the Thomas Dairy property soon enough to
incorporate it into the program. Mr. Wegner said that they should have that property by late
summer, and that they intended to plant theie in the fall.
Councilor Hunt asked if staff would install the ditches to replace the drain ditch. Mr. Wegner
said yes. He commented that they hoped to have a perimeter row of trees planted in the
wetlands boundary by mid-April or May.
Councilor Rohlf asked how the nutrias would be handled. Mr. Wegner said that they have
worked with the State to relocate the nutrias. He confirmed to the Mayor that they would put
fencing around the smaller trees to protect them.
Mr. Wegner commented that the Council would see in the budget an urban forester position and
a second utility worker position (to work between Cook Park and general maintenance). Mr.
Monahan noted that these positions were consistent with the five yeaz plan.
Mr. Wegner commented that now they had a guide for tree planting for use when volunteers
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 2
• • •
wanted a project. He said that after they bid out Phase 1, they would start on Phase 2, the
schools. He stated that they would start on the street tree program after the urban forester was
hired. He mentioned several issues involved in street trees, including maintenance, planting
strips, irrigation, and who was responsible for maintenance.
The Council discussed hiring the urban forester sooner than July 1 in order not to miss the
season. Mr. Wegner said that staffcould bring forwazd a budget adjustment request.
Mr. Monahan mentioned that April joint meeting with the School District at which this topic
would be discussed. He asked Mr. Wegner to send preliminary materials on the program to the
District in advance.
Councilor Scheckla asked to put on the joint meeting agenda a discussion of shared equipment
with the District. Mr. Wegner reviewed the existing cooperative agreements between the City
, and other agencies (including school districts) to shaze equipment.
Jack Polans,16000 SW Queen Victoria Place, King City, asked if 8000 trees would improve
the air quality by increasing the oxYgen in the air. Mr. Percival said that the oxYgen Produced
by trees was highly variable, changing with the age of the tree and environmental conditions.
He commented that trees helped with flood control, mentioning that a well-matured forest
stopped 20-30% of the rainfall from reaching the ground. He said that trees were not planted for
today or tomorrow but for the next generation.
Mayor Nicoli thanked Mr. Percival for his in-depth report, and expressed his appreciation for
this tool the City could use with volunteers. Mr. Percival thanked Jeff Munro and Brian Embley
for their help.
Mayor Nicoli suggested taking the drawings from this report to the CITs for their information
and review. He mentioned writing an article on this in the Ciryscape also. Mr. Wegner
commented that this report listed only general areas for plantings, and was flexible enough to
avoid planting trees in a viewsheds or other unwanted places. . .
> Dartmouth LID
Mr. Monahan explained that the City received a letter from one of the property owners included
- in the Dartmouth LID assessment expressing the property owner's surprise at being included, as
he had been excluded from it in 1984 through Ordinance No. 84-17. Mr. Monahan said that this
was correct and that they had redo the assessment, redistributing the approximately $46,000 to
the other property owners. He reviewed the properties now listed in the LID and those
excluded. He said that they needed a new resolution to give staff the authority to send out
revised notification to the property owners. The public hearing remained scheduled for Mazch
17.
Councilor Rohlf asked about the legal ramifications of this. Mr. Monahan explained that staff
determined that they needed to adhere to the original Ordinance No. 84-17 provisions.
Councilor Scheckla asked how the amount was redistributed. Mr. Monahan read the amounts of
the remaining property owners from the first assessment and from the revised assessment. He
said that the total amount was in excess of $47,080.
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 3
• • •
Councilor Hunt questioned why three of the property owners paid less under the second
assessment when a larger total was being distributed among them. Mr. Monahan said that that
was how it worked out in the distribution formula, although he was not certain how the numbers
were shifted around. He said that as staff received more information on the wetlands on these
properties, it was possible that the assessments would change again.
> Executive Session:
The Tigard City Council went into Executive Session at 7:14 p.m. under the provisions of ORS
192.660 (1) (d), (e), &(h) to discuss labor relations, real property transactions, current and
pending litigation issues.
> Executive Session adjourned at 7:29 p.m.
> Mayor Nicoli reconvened the study session.
Mr. Monahan stated that King City annexation questions were not on the agenda at this time.
1. BUSINESS MEETING
• Call to Order - City Council & Local Contract Review Board
Mayor Nicoli called the business meeting to order at 7:35 p.m.
• Council Communications/Liaison Reports: None
• Call to Council and Staff for Non-Agenda Items
Mayor Nicoli noted the revised resolution for the Dartmouth LID.
2. VISITOR'S AGENDA
> Jack Polans,16000 SW Queen Victoria Way, King City, addressed the issue of King City .
annexation. He stated that the citizens of King City wanted to maintain the King City Civic
Association Charter granted by the State in 1966, and that they would vote against annexation to
any one. He asked the citizens of Tigazd to vote against a King City annexation.
Mr. Monahan explained that the City of King City wrote a letter to the City of Tigard requesting
information on possible annexation because the King City City Council was evaluating public
safety in their community. They were investigating whether to add public safety officers or annex
to Tigard. He said that Tigard provided them the information on the tax rate as requested, and King
City dropped their request for additional information. He stated that the City of Tigazd has never
said that they were interested in annexing King City, they were simply answering questions.
> Darlene Wozniak,14200 SW Fern Street, stated that she attended the preliminary
neighborhood meeting on the proposed expansion of the Act III Tigard Cinemas to add six screens and a pazking lot south of McDonald's on SW 72 nd Avenue. She said that she asked
City staff member Mark Roberts about the back street in that area that was included in the
Tigard street plan to provide needed connectivity in the Triangle, and he said that it would not
be required of Act III and that any appeal would be denied.
Ms. Wozniak said that she understood that the back road would be required on the Cub
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 4
' • •
Foods/Waremart property and wondered why it would not be required of Act III. She pointed
out that there was no connecting street on S W 72"d between Dartmouth and Hwy 99 W to
provide a circular traffic flow in the Triangle. She said that she supported the Act III expansion
but would like this connecting road opportunity looked at also.
Tim Ramis, Legal Counsel, advised the Council that they could not take a position on this issue, as
it was potentially the subject of a land use application. He said that they needed to make sure that
these comments were provided to all parties during the public hearing process. Jim Hendryx,
Community Development Director, said that any application would be weighed against the
requirements of the Triangle plan.
> Gretchen Buehner,13045 SW Jacob Court, stated that she has tried without success to reach
ODOT concerning the timing of the traffic lights on Hwy 99W. She said that the increased
traffic from the developments to the south and west has created a serious backup problem on the
side streets intersecting with Hwy 99W. The lights allowed only three cars at the most through
the intersection. She asked that the City explore this issue, since her "non-governmental" efforts
have been unsuccessful, and she saw a real danger of a fatality in this situation.
Mayor Nicoli stated that the City has recently applied for state or federal money to deal with the
timing of the traffic signals on Hwy 99W.
Ms. Buenher suggested that the lights switch to the pressure plate system at 8 p.m. (instead of at
10 p.m.) because the traffic has subsided substantially by then, and then back to the timed lights
sometime after 6 a.m., as a means of relieving some of the problem.
3. CONSENT AGENDA
Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt the 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: January 20 and 27,1998
3.2 Receive and File: Park Study Advisory Committee Information
3.3 Approve Intergovernmental Agreement for the Washington Square Regional
Center Grant with the Oregon Department of Transportation (ODOT) - Resolution
No. 98-12
4. CALL FOR PUBLIC INPUT: STOP SIGNS AT SW BURNHAM STREET AND SW
MAIN STREET
• Staff Report
Gus Duenas, City Engineer, reviewed the installation in August of a temporary four-way stop
at Burnham and Main as a means of slowing down speeding traffic, relieving the congestion
from traffic by-passing Hwy 99W, and increasing pedestrian safety. He said that staff received
only one negative comment since the installation, and that all others have been positive. He
mentioned that the traffic on Burnham Street has increased by 1000 cars a day, possibly due to
the easier left hand turn on to Main Street. He stated that while the traffic counts northbound on
Main Street have not dropped significantly, the stop sign has significantly reduced the speed of
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 5
' • •
cars, and increased the ease of left turns onto Main from Burnham, Tigard, and Commercial
Streets. He recommended installation of a permanent four way stop.
Councilor Scheckla asked if staff received any feedback from the Fire District. Mr. Duenas said
that while they have not received feedback directly from the Fire District, Mike Marr (the
recipient of many comments on the stop sign) indicated that people felt that the emergency
access onto Main Street and the side streets has been greatly enhanced. He observed that an
orderly and predictable traffic movement on Main Street and the side streets would only enhance
public safety vehicle movement.
• Public Testimony
> Mark Mahon spoke in supqort of keeping the stop sign. He said that those who regularly
traveled Main and Burnham saw a marked improvement in the traffic flow on Main, and
consequently took that route rather than cutting through the neighborhoods.
• Council Questions/Comments
Mr. Duenas confirmed to Councilor Rohlf that the stop sign has slowed speeds on Main Street.
Councilor Rohlf said that he has noticed a mazked improvement in the volume and speed of cars
on Main Street. Councilor Moore commented that the slower speeds and increased pedestrian
safety also benefited the merchants.
• Council Motion
Motion by Councilor Moore, seconded by Councilor Rohlf, to approve the installation as a
permanent one.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
5. PUBLIC HEARING (QUASI-JUDICIAL): FISHER`/PASSMORE FONNER STREET
ANNEXATION - ZCA 98-0001
A request to annex two parcels totaling 3.25 acres of unincorporated Washington County
land into the City of Tigard and to change the comprehensive plan and zoning from
Washington County R-5 to City of Tigard Low Density Residential, R-4.5.
LOCATIONS: 1300 Fonner Street; WCTM 2S103AC, Tax Lot 02000 and 11370 SW Fonner
Street, WCTM 2S 103AC, Tax Lot 2101.
APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1,
10.1.2, and 10.1.3; and Tigazd Community Development Code Chapters 18.136 and 18.138.
a. Mayor Nicoli opened the public hearing and read the hearing title.
b. Declarations or Challenges: None -
c. Staff Report
Mr. Hendryx reviewed the specifics of this annexation request for two properties totally 3.25
acres. He said that city services were available in Fonner Street, and that they received no
negative agency comments on either the annexation or zone change request.
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 6
' • • d. Public Testimony
> Ed Hunicutt asked that the developers of these properties be required to install a uniform fence
along the back property line. He pointed out that three of the lots abutted his back property line.
He contended that a uniform fence was more attractive than three different types of fences.
Mayor Nicoli explained that the only issue before the Council tonight was the annexation request.
He suggested that Mr. Hunicutt attend the neighborhood meeting developers were required to hold
prior to making application for development.
> Gretchen Buehner 13450 SW Jacob Court, expressed concern at the increased traffic that
would travel on Walnut and 1215` resulting from the new developments built on these annexed
properties. She asked if the City had a plan to address these traffic concerns.
Mayor Nicoli explained that the City has purchased the property at the intersection of Walnut,
Fonner, and Tiedeman. The Engineering Department was in the process of redesigning the
intersection with the intent of funding it through the next budget cycle. He pointed out that these
were County roads but they were working with the County to address this problem. Ms. Buehner
commented that the County did not have a good history of requiring developers to make road
improvements.
Mr. Duenas confirmed that there was a three-phase MSTIP 3 project for Walnut from 1215` to 135`h.
He said that the County was aware that this was a high priority, and Phase 1- the intersection - was
slated for design in 1999. Mayor Nicoli commented that under the City's urban services agreement
with the County, they were allowed to earmark TIF funds for the urban services azea.
e. Council Questions: None
f. Mayor Nicoli closed the public hearing
g. Staff Recommendation
Mr. Hendryx recommended approval of the annexation and rezoning of the property as outlined
in the staff report.
h. Council Deliberation: Ordinance No. 98-04
Resolution No. 98-13
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-13.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-13, A RESOLUTION INITIATING ANNEXATION OF TERRITORY
REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0001, FISHER/PASSMORE
FONNER STREET AND ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED
IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED
EXHIBIT B.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
, Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-04.
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 7
. • •
I
The City Recorder read the number and title of the ordinance.
ORDINANCE NO. 98-04, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS
TO APPROVE A ZONE CHANGE, ZCA 98-0001, FISHER/PASSMORE FONNER STREET
ANNEXATION AND DECLARING AN EFFECTIVE DATE.
Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli,
Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.")
6. PUBLIC HEARING (QUASI-NDICIAL): FISHER/PASSMORE WALNUT STREET
ANNEXATION - ZCA 98-0002
A request to annex one parcel of .92 acres of unincorporated Washington County land
into the City of Tigard and to change the comprehensive plan and zoning from
Washington County R-5 to City of Tigard Low Density Residential, R-4.5.
LOCATIONS: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300.
APPLICABLE REVIEW CRITERIA: Tigazd Comprehensive Plan Policies 2.1.1, 10.1.1,
10.1.2, and 10.1.3; and Tigazd Community Development Code Chapters 18.136 and 18.138.
a. Mayor Nicoli opened the public hearing and read the hearing title.
b. Declarations or Challenges: None
c. Staff Report
Mr. Hendryx reviewed the specifics of this annexation request for the .92 acre property located
west of SW 121st off of Walnut. He said that the applicant wanted to annex to comply with
conditions of approval for a three-lot partition. He said that city services of sufficient size were
available in Walnut Street, and that they received no negative agency comments on either the
annexation or zone change request.
d. Public Testimony: None
e. Council Questions
Councilor Rohlf asked if the owner of the other property was interested in annexing. Mr.
Hendryx stated that staff routinely contacted adjoining property owners of an annexation request
to see if there was interest, and this property owner did not come forward.
f. Mayor Nicoli closed the public hearing
g. Staff Recommendation
Mr. Hendryx recommended approval of the annexation and rezoning of the property as outlined
in the staff report.
h. Council Deliberation: Ordinance No. 98-06
Resolution No. 98-14
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-14.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-14, A RESOLUTION INITIATING ANNEXATION OF TERRITORY
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 8
. • •
REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0002, FISHER/PASSMORE
WALNUT STREET AND ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED
IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED
EXHIBIT B.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-05.
The City Recorder read the number and title of the ordinance.
OR.DINANCE NO. 98-05, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS
TO APPROVE A ZONE CHANGE, ZCA 98-0002, FISHER/PASSMORE WALNUT STREET
ANNEXATION AND DECLARING AN EFFECTIVE DATE.
Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli,
Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.")
7. PUBLIC HEARING (QUASI-NDICIAL): SCHMIDTKE CARMEN STREET
ANNEXATION - ZCA 98-0003
A request to annex one parcel of .35 acres of unincorporated Washington County land into
the City of Tigard and to change the comprehensive plan and zoning from Washington
County R-5 to City of Tigard Low Density Residential, R-4.5.
' LOCATION: 11760 SW Carmen Street; WCTM 2S 103BD, Tax Lot 02300
APPLICABLE REVIEW CRITERIA: Tigazd 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.
a. Mayor Nicoli opened the public hearing and read the hearing title.
~ b. Declarations or Challenges: None
c. Staff Report
Mr. Hendryx reviewed the specifics of this annexation request for one .35 acre property to
access city services. He said that the request did include a portion of the right-of-way on
Carmen Street. He said that city services were available to the property, and that they received
no negative agency comments on either the annexation or zone change request.
d. Public Testimony: None
e. Council Questions: None
f. Mayor Nicoli closed public hearing
g. Staff Recommendation
Mr. Hendryx recommended approval of the annexation and rezoning of the property as outlined
in the staff report. h. Council Deliberahon: Ordmance No. 98-06
Resolution No. 98-15
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-15.
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 9
. • •
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-15, A RESOLUTION INITIATING ANNEXATION OF TERRITORY
REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0003, SCHMIDTKE
CARMEN STREET AND ANNEXATION INTO THE CITY OF TIGAR.D AS DESCRIBED
IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED
EXHIBIT B.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
MoNon by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-06.
The City Recorder read the number and title of the ordinance.
ORDINANCE NO. 98-06, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS
TO APPROVE A ZONE CHANGE, ZCA 98-0003, SCHMIDTKE CARMEN STREET
ANNEXATION AND DECLARING AN EFFECTIVE DATE.
Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli,
Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.")
8. REVIEW OF PROPOSED POLICY TO FORMALIZE THE CITY COUNCIL'S
APPROACH TO ANNEXATION
a. Staff Report
Mr. Hendryx reviewed that the Boundary Commission would be dissolved at the end of this year
with the hearings procedure changing in 1999 to the local governments holding the one and only
hearing on annexations except for contested cases. He explained that Metro would heaz
contested cases for jurisdictional disputes only. He said that staff would keep the Council
updated as the procedures were rewritten.
Laurie Nicholson, Associate Planner, said that staff recommended continuing with the
existing City policy of processing annexation requests initiated by the property owner. "Double
majority" (the majority of property owners and the majority of voters) was the typical method
used. She reviewed the other methods of "island" annexation, petition of 30% of the property
owners and 10% of the registered voters, a Boundary Commission resolution, and health hazard.
Ms. Nicholson said that staff recommended that the City no longer waive the $11601oca1
application fee, and that Walnut Island residents wishing to annex pay the Boundary
Commission fee. She said that the effect of this proposal was annexation occurring
incrementally over a long period of time.
Councilor Hunt requested that the Council revisit this issue once the Boundary Commission
dissolved and they knew what the new ground rules would be.
Ms. Nicholson mentioned that the Metro attorneys were drafting the method of approach that
cities would take for annexation. She said that Metro would take a very limited role in
annexation, reviewing only jurisdictional dispute appeals. Mr. Ramis commented that they
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 10
. ~ •
.
would need to develop not only new ground rules but systems for recordkeeping since the
Boundary Commission would no longer record the boundaries.
Mr. Monahan noted that neighbors from the SW 106t' area were here tonight. He reviewed that
Mr. Sanders and some of his neighbors had met with staff to discuss annexation to access city
services and the sewer reimbursement district program. He summarized the Council discussion
last week as while the Council did not object to property owners recently anne:ced using the
sewer reimbursement program, they wanted to discuss the City annexation policy prior to giving
direction to the neighbors. He said that the Council expressed a concern that incremental
annexations of the Island might leave more people in the Island opposed to annexation than in
favor of it, and make it more difficult for the City to annex the Island.
Councilor Rohlf suggested using the "double majority" method to bring in the two properties in
the area whose owners have not joined in the annexation request. Mayor Nicoli concurred. He
supported proceeding with the sewer reimbursement district program for this neighborhood once
they annexed.
Councilor Scheckla asked how many people would hook up to the sewer. Mr. Monahan said
that of the nine property owners interested in annexation, only one was not interested in hooking
up. However since Mr. Sanders was already in the city, he raised the total number for a sewer
reimbursement district participants to nine.
Mayor Nicoli opened up the discussion to public comment.
> Jim Flatters said that, counting Mr. Sander's property, there were 10 lots in this area that the
nei hbors thou ht would wor
g k for the sewer ro ram. Onl one of those was not interested i
g P g Y n
sewer. He reiterated that their main reason for requesting annexation was to access city sewer.
Mayor Nicoli pointed out that annexation was no guazantee that the City would institute the sewer
program, as that was a separate request. He reviewed the provisions of the sewer reimbursement
program, mentioning that it left the choice of hook up to the individual property owner. Mr. Flatters said that they were concerned that they not be barred from using the program once they anne.ced
simply because they were recently annexed. He said that they understood that there were no
, guazantees but they would like some assurances that once they annexed in, they could start the
sewer program.
Mr. Duenas reported that there was more than sufficient money in the sewer reimbursement district
fund to pay for the two potential small projects. He said that staffwas looking for a larger project.
b. Council Discussion
Councilor Hunt said that he thought that they set up this program for exactly this circumstance,
as a way to entice people into the city. He supported allowing the neighbors to use the program.
Councilor Rohlf said that while he would not commit to anything right now, he saw no reason not to move forward.
Councilor Scheckla asked about the timeframe for applying for sewer following annexation.
Mr. Duenas said that they could do the annexation and reimbursement district application
concurrently.
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 11
' • •
Ms. Nicholson confirmed to Councilor Hunt that with the double-majority method, a single
property owner opposing annexation could be brought in whether or not he/she wanted to annex.
Councilor Rohlf suggested establishing a policy to force single property owners opposing
annexation to annex when the majority in the area supported it. He spoke to cleaning up the
"checkerboards."
Mayor Nicoli said that he did not have a problem with the resolution. He spoke to the City
looking into annexing the already developed eastern end of the Walnut Island when they
considered the intersection improvements at Walnut/Fonner/Tiedeman.
Councilor Hunt said that the possibility of forcing annexation on the Walnut Island was one
reason why he wanted this issue revisited once the Boundary Commission dissolved. He
commented that they had not done forced annexations because they had thought that the
Boundary Commission would not support them.
, Jack Polans asked to set up an appointment with Mr. Hendryx to discuss several questions he
had on this issue.
c. Council Consideration: Resolution No. 98-16
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-16.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-16, A RESOLUTION BY CITY COUNCIL ADOPTING CITY
POLICY REGARDING ANNEXATION PROCEDURES.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
> Mayor Nicoli recessed the meeting at 8:45 p.m. for a break. .
> Mayor Nicoli reconvened the meeting at 8:56 p.m.
9. DISCUSSION ON POLICY ALLOWING PRIVATE STREETS AND RESPONSIBILITY
FOR MAINTENANCE OF PRIVATE STREETS
a. Staff Report
Mr. Hendryx reviewed in detail the Code and Zoning Ordinance requirements for private streets,
private storm drainage, and private street lights as discussed in the staff report (see attached).
He explained that private streets were allowed outright for small subdivisions of less than six
lots or through the planned development process for the Planned Unit Developments (PUD).
Mayor Nicoli pointed out that Council saw two types of private streets: those that were built to
look like a city street, and those that were not. He commented that people buying homes on
private streets that looked like public streets often did not know that they were buying on a
private street, and looked to the City for maintenance. Councilor Rohlf pointed out that private
streets built to look like public streets might not have a substructure built to city standards.
Mr. Hendryx used a series of slides to illustrate the two processes in which private streets were
~ CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 12
. • •
allowed. He reviewed the various reasons why private streets were allowed for subdivisions of
less than six homes and for PUDs. He stated that private streets allowed a proposed small
development to trade off access with other public standards in order to allow a greater number of
lots than would otherwise be feasible, given the improvements of a public street. They allowed
a PUD to create a planned environment through the application of flexible standards to allow
application of new techniques and technology.
Mr. Hendryx said that the Development Code gave a lot of discretion to the City Engineer in his
review of the appropriateness of private streets in a given situation. It also required legal
assurance for the continued maintenance of private streets, such as a bonding maintenance
agreement and the creation of a homeowners association.
Councilor Rohlf commented that the mechanism for giving notice of private streets seemed to
break down. Mr. Hendryx said that staff could not monitor developers giving notice of private
streets. It was a case of "buyer beware." Mayor Nicoli commented that there were better
mechanisms of notification, such as a deed restriction that would show up on a title report.
Councilor Hunt pointed out that the majority of homebuyers did not read the title report.
Councilor Moore expressed concern that the City not take on a responsibility that was not theirs.
The homeowner was accountable when he bought the property, not the City. Councilor Hunt
said that he disagreed. He spoke to eliminating private streets in PUDs, though allowing them
for the less than six lot subdivisions. He cited two examples in Summerfield where people had
not known that they were buying lots on a private street. Mayor Nicoli said that he agreed but
spoke to making it clear through a deed restriction that even those streets were not public streets
and required maintenance by the homeowners.
Mr. Hendryx continued with the staff report. He reviewed specific standards for private streets
in PUDs. He explained that since 1997, staff no longer required installation of street lights on
private streets but had an unwritten policy of recommending them with the choice left up to the
developer, although they still had to be metered sepazately from the city street lights. He said
that beginning in 1997, storm drainage systems in private streets would no longer revert to the
City after three yeazs, although they still had to be built to public standards.
Mr. Hendryx reviewed provisions for street width, parking, and addressing. He said that private
streets had blue street signs as opposed to the green signs for public streets. He reiterated that
private streets were required to be maintained by the abutting homeowners, and that the City had
no responsibility for their maintenance and upkeep.
Councilor Hunt asked why the street light policy changed in 1997. Brian Rager, Engineering
Department, explained that after receiving complaints from developers regazding the
requirement for street lights, staff reseazched the Code and found there was nothing requiring
the installation of street lights on private streets. So staff decided to back off and give the
developer the option of installing street lights while at the same time recommending their
installation for public safety reasons. He said that the lights still had to be on a sepazate meter
system, as staff did not think that the public should pay for street lights on private streets or for
storm drains on private streets.
Mr. Hendryx mentioned several issues involved with the maintenance of private streets. He said
that one reason the City refused to accept responsibility for private streets was the tendency for
homeowners to fail to maintain the facilities on a regulaz basis, thus leading to greater costs in
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 13
I ' • •
.
the future. He pointed out that the developer set the street width, usually to allow onstreet
parking on one side. However the City did not enforce parking on private streets.
Mr. Hendryx reviewed the options available to Council. He pointed out that not allowing
private streets at all created a difficult situation for small scale development and reduced the
flexibility for PUDs. He commented that if a developer could not build to his proposed density,
then the city might have to make up the difference elsewhere. He reviewed the implications of a
~ policy of selectively allowing private streets, pointing out the need for clear definitions and
criteria.
Mr. Hendryx recommended maintaining the current policy with the understanding that
developers were choosing private streets to avoid certain public standazds, and therefore, the
City was not responsible for their maintenance, either now or in the future. He recommended
requiring all developers of private streets to install street lights and leaving the decision on their
continued operation up to the homeowners.
Mr. Hendryx recommended that the maintenance and costs of storm drainage systems in private
streets also be the responsibility of the developer and the future homeowners association. He
said that the City would accept responsibility to maintain the water and sanitary sewer lines in
the street. He mentioned a conversation with the County regarding this issue, and that the
County had the same issues as the City. Although the County was probably more flexible in
allowing private streets, it had a policy that private streets remained private, and that the County
would not take responsibility for them in any situation. He said that as long as the Council had a
consistent policy, the policy was workable.
Mr. Rager presented a series of slides illustrating private streets in Tigard, both in small
subdivisions and in PUDs. He pointed out that a concrete apron and a blue street sign delineated
private streets from public streets. He reiterated that the City did not enforce parking on private
streets. He noted the reduced setbacks in PUDs.
Councilor Hunt asked what the restrictions were for cul-de-sacs. Mr. Rager said-that currently
the standard allowed a 400 foot long cul-de-sac. Mr. Hendryx mentioned that they were
reducing that to 200 feet to comply with Metro standards to provide greater connectivity.
Mr. Rager continued with the slide presentation. He commented that hammerhead turn arounds
were allowed only on private streets, never on public streets. He mentioned the fire code
requirement that any dead end road over 150 feet long have a turn around.
Nick Wilson, 12752 SW Winterlake Dr., Planning Commission Chair, stated that the
Commission was also concerned that people did not know that they were buying on private
streets, and that homeowners associations seldom adequate(y maintained shared facilities. He
pointed out that as Tigard built out, only the more difficult sites were left. He suggested less
density as an alternative to disallowing private streets. He said that the Commission concurred
with staffls recommendation to maintain the current policy. He observed tliat people purchasing
single-family detached dwellings were the least likely to suspect that they were on a private
street. Mr. Wilson recommended modifying the staff recommendation to disallow private
streets in a single-family detached house situation.
Gretchen Buehner, 13045 SW Jacob Court, stated that she was a real estate lawyer. She
concurred with Councilor Hunt that people did not read the title report. She mentioned the Real
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 14
• ' ~ ~ II
I
Property Disclosure Law passed by the state legislature in 1993 that Provided a"laundrY list" of I
things that a property seller had to disclose at the time of the transaction. It required signatures
of both the seller and the buyer. She suggested adding disclosure of private streets to the list.
Ms. Buehner said that, based on her experience as a lawyer and a Portland Variance Committee
member, she has observed that cities did not as diligently watch a development when private
streets were installed as when public streets were installed. She concurred that many times
property owners did want to return streets to the City when there was a problem. She pointed
out that the slides all showed relatively recent developments that did not yet have problems with
their private streets but in 30 to 50 years, the situation would change. She suggested addressing
in their plan the long-term maintenance of private streets. She mentioned that emergency
velucles could not get up roads not properly maintained.
Mr. Ramis mentioned that while reviewing a title report recently, he saw a maintenance
agreement that caught his attention because of its "dramatic" language. He suggested rewriting
their maintenance agreements in such a way as to grab people's attention.
b. Council Discussion
Mayor Nicoli commented that some of the projects shown on private streets were affordable
housin somethin the City w
g, g as bemg pressured to provide more of. He said that he liked the
idea of not allowing private streets on detached single-family homes. He supported providing
some opportunity for private streets in other situations, such as attached housing.
Councilor Scheckla expressed concern that the Council not rewrite the policy so as to place an
extra burden on staff.
Councilor Moore supported retaining the current policy of allowing private streets in appropriate
situations. He conceded Councilor Hunt's point about the lack of notification to buyers but
contended that the City should not become the "private street police." He mentioned several
options for warning homebuyers, including changing the blue sign to read "private street," a
deed restriction, or requiring the developer to put up a maintenance bond to insure maintenance
of private streets. He said that he thought that private streets were necessary.
Councilor Moore supported the unwritten rule used by staff now of allowing the developer the
choice of installing street lights. He stated that if the street lights were not in the city right-of-
way, then the city should not be paying for maintenance or energy. He mentioned that
homeowners could work with the local utility company to get street lights put in, if the
developer chose not to do so. He pointed out that they have had only a couple of requests in the
past two years for the City to take over private facilities. Councilor Scheckla concurred with
Councilor Moore's comments.
Councilor Rohlf stated that he opposed private streets. He concurred with Ms. Buehner's
comments that in 40 years, they would see more requests as the roads degenerated over time.
He supported requiring street lights on private streets as a safety issue. He azgued that allowing
substandard development today only created problems for tomorrow. He said that while he
could see the advantages of private streets for small subdivisions and PUDs, it was infill
development that gave rise to the increased density and traffic that people did not like.
Councilor Hunt concurred with Councilor Rohlf. He supported eliminating private streets in
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 15
I I • ~ ~
i -
PUDs, although he said that he would go along with allowing them in small developments.
Councilor Moore expressed his concern that by not allowing private streets, they handcuffed
property owners who could not develop their properties with a full sized public street.
Mayor Nicoli proposed continuing this discussion to the March 10 meeting. The Council agreed
by consensus.
10. NON AGENDA ITEMS
> Mr. Monahan said that this resolution was intended to conect an error made on the initial
proposed assessment.
Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution No. 98-
17.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-17, A RESOLUTION ADOPTING THE PROPOSED
ASSESSMENTS, DIRECTING THAT NOTICE BE SENT TO BENEFITING PROPERTY
OWNERS AND ESTABLISHING A PUBLIC HEARING DATE FOR THE DARTMOUTH
LOCAL IMPROVEMENT DISTRICT, SUPERSEDES RESOLUTION NO.98-11 TO
CORRECT EXHIBIT A, THAT LISTED PROPERTY OWNERS ON THE ASSESSMENT
ROLL THAT WERE EXEMPTED BY ORDINANCE NO. 84-17.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt,
> Councilor Hunt asked staff to try to find a compromise between the two positions on private
streets.
11. EXECUTIVE SESSION: Cancelled
12. ADJOURNMENT: 10:00 p. ~
Atte : Catherine Wheatley, City Recorder
66r, City of Tigazd
Date: 31a `f
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 16
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PMALGBC FORM #6
B 0 UNDAR Y CHAIVGE DA TA SHEET
1. E,YISTING COrvD1TlONS IN AREA TO BE AivNE,I'E'D OR wITHDRAWY
A. Land Area: Acres 3• 2-S or Square Miles
B. General description of temtory. (Include topographic features such as slopes,
vegetation, drainacye basins, floodplain areas, which are pertinent to this proposal).
A/Irv5 /FVC~
C. Describe land uses on surroundin; paresls. Use tax lots as reference points.
Nocth: ~;1 s~le- Yair,J
East: qlG r .-i-41 - -
South:
west:
D. Existing Land lise:
Numoer of single-familv units ~ Numoer oE multi-tamilv units
vumber commercial s,rucr.ires Number industrial struccures ~
Public faciiities or other uses /
Wna: is the current use the land oracosed co be snnexed:
E. Total current yesr Assessed Vaiuation S
F. Total existing population ~ /7~
l1
Revis'-d 11193
• . •
M. RF..ASON FOR BOUAIDARY CHANGE
A. ORS 199.462 ot the Boundary Commission Act states: "In order to carry out the
purposes described in ORS 199.410 when reviewing a boundary change..., a boundary
. commission shall. consider local comprehensive planning for the area, economic,
demographic, sociologica!_projections perrinent to the progosal, past and prospective
physical developments of land that would directly or indirectly be affected by the
proposed boundary chan;e..." Considenn7 these points, please provide the reasons the
proposed boundary change should be made. Please be very specific. Use addirional
pages if necessary. (This infccmarion is oiten quated in thz Staf: Report, so bz
thorough and complete.)
&~UIned b5i 41 T qrd /C~, ~ :/S .s;2wer anc~
,
B. If the propertv to be served is entirely or substantially undeveloped, what are the plans
for future deve(ooment? Be specific. Describe cype (rzsidenciai, industrial, commercial,
etc.), densiy, etc.
GX Lo~ Zoco -k <Jo :~7 1,2_ -/oA ci,v's, b %9 x L_o-t
T
NO 1 f Lq~ " c
~1 Q ~ ~?2C11 ~J~rn r
III. L..41vD USE AND PL4:VVI:NG
~ yes --a~~r-6,l,~~a~s~6•ri,fk.1~~~
Is the suoject te:ilLOCf TO ~2 dZV°~OD2d 3t t}11S time. -
~~~QfO✓4~ ~.?'~'L°
B. Generally describe the anticipated develooment (buiiding types, tacilities, numoer of
units).
drv'cr~., o00 ~ lo~ r.~.•~i'-~r~-., ~ A ~
1
4,r 2 (c7/
C. Is the subjact territorv inside or outside oi ;ke Nkfe:ro Ryaional Lroan Gro«-th
Boundarv? 1--73-'c2c
, ,
~ _
RI-vised 11193
. ' ~ •
D. What is the applicable County Planning Designation? P-5
or Ciry Planning Desi;nation
Does the proposed development comply with applicabie regional, counry or city
comprehensive plans? Please describe.
E. What is the zoning on the territory to be served?
1~ ✓qh :S, - o ~ r~ s . ' . GI
/G A ys' F. Can the proposed development be accomplied under current county zoning?
Yes ❑ vo
If No,---has a zone change been sought from the counry eithl-r formally or informally.
❑ Yes o No
Please describe outcome of zone change request if answer to previous quesrions was
Yes.
G. Is the proposed development comparible with the city's comprehensive land use plan for
the area? •
~ Yes a No o Ciry has no Plan for the area.
Has tlie proposed development been discussed either formal!v or informally with anv oi
the followincy? (Please indicate)
❑ City PlanninR Commission 2"'-City Plannin; Stait
❑ Ciry Council ❑ Ciry '.Manager
Please describe the reaction to the prooosed deve!ooment from the persons or sg_ncies
1:1dlC3ied 3D04'°.
L~ r y
d G~ //ru n, 1"f f~C ~i%~. ~S' i ~~ol ec~ i%~ .SC/.bU✓r ~ 4/i U
~lfJADn,. ')f ~
o~'~j rCj
I 13
Ravised 11i93
• ' • • .
H. Plzase indicate all permits and/or approvals from a Ciry, Counry, or Regional
Guvernment which will be needed for the proposed development. If already granted,
Qlease indicate date of approval and identifying number:
APPROVAL PROJECT DATE OF FUTURE
FILE ~ APPROV aL REQUIREi-vLEM
Metro UGB Amendment /
Ciry or County P(an Amendment ~
Pre-Application Hearing (Ciry or Counry)
Preliminary Subdivision Approval /
Final P1at Approval ~Land Partition
Conditional Use
Variance I : r I
Sub-Surface Sewage Disposal
Buildin~ Permit
Please submit cooies oi proceedings reiatinc, to any of the above permits or aoprovals
which are pertinent to the annexarion.
I. If a ciry and/or counry-sanctioned citizens' ;roup exists in the area of the annexation,
plesse list its name ar►d address of a contact person.
rX~
Iv. SLR y7CFS .4lvD LlT1LITICS
A. Please indicate the followinQ:
l. Location and siz° oi nearest water line whicn can sen-e the subjecr srea.
1 ;
Revised 11!93
. ~ •
2. Location and size oi nearest sewer line which can serve the subject area.
Cu r. ~ / i~
O r i Ir,~ l%1 !~O C~ ~f"T e/ e•. I". c,~ Y~~'4rc~
3. Proximity of other facilities storm drains, fire engine compan~e , etc.) which can
serve the subject area JfDri✓I ~~1~ ~
4. The time at which serfices can be reasonably provided by the city or district.
The estimated cost oi extendin; such facilities and/or services and what is to be
the method of financin;. (Attach any supporting documents.)
,
42
/ /
~l~G. E~-
b. Availability oi the desired serAce from any other unit of local governmezt.
~ (Please indicate the 2overnment.)
~
~I
1 ~
Revised 11/93
. a • .
B. If the territory described in the proposal is presently included within the boundaries af
any of the following types of governmental units, please so indicate by stating the name
or names of the governmental units involved.
~
City /i Rura! Fire Dist
County Service Dist. Sanitary District ----Hwy. Lighring Dist. Water District
~
Grade School Dist. .71e;,71,01 Draina;e District
Hiah School Dist. Diking District
Library Dist. : ~ tird ?srk & Rec. Dist.
Special Road Dist. Other Dist. Supptying Water Sarvice
C. If any of the above units are presentty servicing the territory (for instance, are rzsidents
in the territory hooked up to a public sewe: or water system), please so describe.
APPLIC aNT'S v AvE rec~~ySS/1'1o/'E
; N1AILIti'G ADDRESS ~-s0! S~
. .
. OK -~7a-Z
TELEPHON-E tiUNIBER (W or:)
(Mab, ~G
(Res. )
REPRESENTItiG
D ATE: /2-: - 7
~ y
15
R°vised 11!9.i
• • .
P1VIALGBC FOR11-I #I S
PETITION FOR AIVNEKATION TD THE CITY OF ~(Y~ n
, OREGON
T0: ?he Council of the City of ~ I(,-A-~'~n , Oreeon
~
We, the undersigned properry 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
Tl Lrfl~ c> . If approved by the city, we further request that this perition be
forwarded to the Portland Metropolitan Area local Govemment Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
?he property to be annexed is described as follows:
Beginning at a point in the center of County Road No. 495 which point bears S 0° 53' W
a distance of 462 feet and N 37° 46' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 00° 53' W a distance of 20.03 feet to the south
right-of-way of said County Road and the True point of Beginning; thence N 87° 46' E
a distance of 179.5 feet; thence S 00° 53' W a distance of 493.00 feet; thence N89°
53' W a distance of 353.5 feet more of less; thence N 00° 53' E a distance of 455.07 to
the south right-of-way of County road 495; thence N 87° 47' E a distance of 80.11 feet;
thence S 00° 53' W a distance of 250.13 feet; thence S 89° 53' E a distance of 94.00
feet; thence N 00° 53' E a distance of 233.83 feet the true point of beginning. .
17
Revised 11/93
NOTE: This patitiun nwy bu sipnnd by ryunliliud parsons nvnn Ihouph thny muy nol know lhulr pioperly Jascrlplion or preclncl numbar.
SIGNATURE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT / DATE
PO RV OV LOT N 114 6EC. T R
P 0. 113 ~o /D S 3 jp y7
T1+o►+~ PoUP- Y~~ 1
. • PO = Prupeily Ownar
RV = Nupistnrod Vutur
OV - (lwnut Vutur '
1•L I I I It1N S I i :WlIl5
fJu7E: 'fhis puliuun niny bu :,iUnud I,y yu~hlioll liwsuns uvun ihuutih ihuy nwy nut Anuw llwir {uupurly Jnacliptiun ur piucincl nwnLnr. '
SIGNATURE PRINIED NAME I AM A:• AODRESS PROPERTY DESCRIPTION PHECINCT Y DATE
PU RV c)V LoT N 114 SEL'. T R
893551✓6yo-L,-,,"iC6 2000 3AC :2S I L✓
•~.o I l,./ ~~~1a.~ 5 ✓ Po.-Ho.,ot , oR 9-7225
9 ► 55
Po.c! . OR 97223
• f'O - Prupurly Uwnur
RV - HuUinlutuJ Vulut
OV = Ownut Vulut
1
. ' • •
PAL4LGBC FOktit -rur16
CERTIFICATION OF PROPFI2TY OWiYERSHIP - (Double Lfajoriry •Ltethod)
I hereby certify that the attached petition for annexation of the territory described the:ein to the City
of ra,o~ ic~ contains che names of the owners` oi a majority oi the land are3 oi the
territory to be annexed, as snown on the last available compiete assessment rotl.
a 5 1~4 C . ZoG° N-vNm (-P<v L Q. ~a U t-f=
rr~ 5~+02 r~~e-(a6; iZ APN~~
~
DEPART,~fEV'' A55 ESSM, TAo, i'( p
COLN-TY OF +~SI-~ ~~..1GiDP~
D arE
" "Owmer" means the ow-ner of the :itla :o re:l orooe.ry or the contract Purcaaser of real
prope:ty.
P.V4 LGB C FORV n17
CERTIFIGaTIOY OF c2FGISTERLD VCTERS
I ze;e;,v ce^i,"y fhat th-- ar*3ched pe--icon :ec annexaaon of cer.-itorr desc::bed 'ne:ein to u4e C:71 ot
coa;ains :.'ie nar:es oi at Ieast a:,.aiorir. o: ~-ie
e!ectcrs ;e;ise:ed in the ter,itory to oe annexed.
~4- C'~~'n ~
v ~~fE'..
Cynthia Ke ne
iT- 'iLE S . Administrative Specialist
DEPARi~EN71 Assessment & Taxation - Election Division
COL-Ni`I0F Washington
DATE January 26, 1998
~ s
Reti~sed 1Ir93
• • .
P1yIf4LGBC FO&V -#I6
CERTIFICATION OF PROPFRTY OWNERSHIP ' - (Double Majoriry Method)
I hereby certify that the attached petition for annexation of the territory described thezein to the City
of contains the names oi the owners" of a majority oi the land azea oi the
territory to be annexed, as snown on the last available complete 3ssessment roll.
TI7Z.E
DEPr1RT1MN-I'
COUNIY OF f'~i•'~.~~~r,
D arE
* "Owner" means the owner of the ritle to resl properry or the contract purcnaser of real
properry.
P1ti.t4LGBC Fox:tit r"rl 7
CERTIFICA 7, 0N OF REGISTERED YOTERS
I nereby ="ry that the attached petirion ior anneYarion of te:ritory desc:ibed he:ein to the Ciry of
contains the names of at Ie3st a maiorirv oi the
electors re,i~red in the territory to be annexed.
? S 1 ~3i9 o
~ C / xAM¢ 6&41~a~
TITLE
DEP:ARi.ME2N'T
C OL.NiY OF ~ ~v► ~ ~
DAIL
1 g
Revised 11193
. ~ •
P:V!A L GBC FORtiI 14
CERTIFICA TIDtV 4F LEMIL DESCRIP170rV rLVD IGlP
t cereoy certiry that the descripaan oi the prooemf included within the atcached petition (located on
Assesso r's Map ~251 3 AG 11'2'000
)
n3.s oeen chec'.ced by me and it is a erue and exact descriprion of the properry under conside: stion,
and the descriprion corresponds to the attached cnao indicating the property under consideratien.
V F F Cn A~
=E ~5av(o2 C,9,e 7-0 C. A A
DE?.ARTNLE`+-I' ASSE-SSP-,~ t T 7-4)(A7?0AJ
COLtiTY OF W~SN~nJ~T~~ DATL
.19
Revised i ii°:
. ' • •
P.VALGB C FORItit 94
CERTItICATION OF LFGAL DFSCRIPTION AjVD 1iAP
I ne; eby cer:i "ry that the description ot the properry inc(uded within the attached perition (locaced on
Assessor's Map .S / ~ ~ 1471 )
has been checked by me and it is a true and eY3C: descriprion of the properry under consideration,
and the descripaon corresponds to the attacled map indicating ttie properry under conside:atien.
NAIME`
TITLE
DEP:~R'INEINT ,
. COLTINTTY OF 1~~~i•"~z~~/~
DATE
-T
19
Revised 11193,
. ' • •
P:tiI.4L GBC FOR1tiI n19
(This form is NOT the petirion)
:!LL O~ErZS OF PROPLRT"' 4NDiQR tZEGISTERED vOTFRS I.vCL UDED I.V BO 6iVDARY
Ccl-LVGc ?ROPOSAL ARE1 (To be completed r"r the proposal contains 10 or fewer land ownerSlre;iste:ed vote:s.
?lease indicace tne name and addr°ss oi ail ownezsivocers re;srdless oi wne:ne: tnev
.
signed an annexarion peririon or not) Tnis is for noaficarion purposes.
NA.IVE Or OWINrZ•VOiLR A. JDR: S S PROPERTY DESIGtiAiiON
(Indicate tax loti sec:ion nuraoer,
Townsnip and Range)
(1) `Nt r~ r'1 S Yo. 6v~ 02 j/ G 3~4G c~ I 0 I
,13-2 0 ~~6-'.-D
tC~rO/ ~~.55 j;,j 21/tl /_,.7 2OG`c)
97zz3
~
(3) SR s?c~~~.S''~,✓~w vo~ C4
P,la ~ cl ee 9722{
c-~
R~:ise~ ~ '-.5=
_ • •
I ~ PMAL GBC FORyI 920
~ DO UTLr NWORIT7 WOfL< SHEET
Please lis: a11 propertiesireristered voters inc!uded in che proooszl. (If needed, use segarate saeet for
addirionaI lisangs). .
PROPERTIES
Prope.^y Assessed ianed Pennor.
Designadon vame oi Ownes Ac:es Value Y'es I No
(Tax Lot Ts)
,~S1o3gcoa~o~I ~°~~as L. t=is~e I ,4~ I ~ (C,~~ (~C~ I `/~S ~I (
evocJ Cro/ 14/4,*Ms a 73 Sso,cc I l"~~ I I
I
~
I. , .
I I I I I i I
I I ~ I I! ~
I I ~ I~ I I I
~
T
ToT:.s 3~~sr~ ~ 3. 'IS "7379 65 0 .S ~
~=':IS2d i i,53
. ' . ~ I
• II
P.LfAL GBC FOR_yI ,~J3_70(coniinued)
REGISTERE'D ;%O=
ADDRESS OF REGiSTE:ZED • NAME OF REGISTE.UD SIGLNED PETITION
i Voter Voter Yes I No
I I ~
I I ( (
~ I I I
i (
4 (
1 I {
,
' I I I
I ~ ► ~
I 4 `
► i
;
,
; TOT.aLS
7OT.~.. NLMBER REGIS TEiZED V'O LRS INN T-ZE-Z PROPQSAL ~
N-UNC.~F-R OF R.EGi--;iLRED VO=~~S Wr0 SiGNrt7 ~
~
?CRC_N-LACL Oi' '3: GlS1 L-l---D V 07=.3,J `Z!!'=0 SiGN-ED
TOTAL ACRE-a Gz 2",+ ?ROt OS.;L 3. a~
I
..'.C?,E.-.GL SIGNTED FOR 3- ~ S
I' GL Or aC2.a.GL SIGN.-EJ cOR OC°~
i
~~~:i~e~ i i:'S:
#ITY OF TIGARD, OREGON +
ORDINANCE NO. 98- 07'
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
~ ANNEYATION) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation
for two (2) parcels of land located south of SW Fonner Street, across from SW 113th Place; and
WHEREAS, on February 24, 1998 the Tigazd City Council approved a Resolution to forward the proposed
annexation to the Portland Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by 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 of Tigard's existing comprehensive plan designation of Low Density
Residential; R-4.5.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Maus/Lot Numbers
2S 103AC, Tax Lot 02000
2S 103AC, Tax Lot 02101
Current Comnrehensive Plan Designation New Comarehensive Plan Designation
Wash. Co. R-5 Low Density Residential
, Current Zoning 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 UhGtl'll ►'Y1.ULtS vote of all Council members present after being read by number and title
i only, this 0c/'01 day of ~Z , 1998.
i ~
Catherine Wheatley, City Recorder
' APPROVED: By Tigard City Council thiO (I_ da~f ✓ , 1998.
,,~;~icoii, ayor
Ap roved as to form:
~
Ci Attorney
-73
Date
ORDINANCE No. 98- iAcitywidebrd\zca98-0 I.ord
Page 1 of l 1uGa P H I t-Feb-98 1:53 PM
' • •
CITY OF TIGARD, OREGON
RESOLUTION NO. 98- 13
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE
CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT
A" AND FURTHER ILLUSTRATED IN THE ATTACHED "EXHIBIT B".
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation
of two (2) parcels of land consisting of a total of 3.25 acres located south of SW Fonner Street, across from
SW 113th Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission
Law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the temtory proposed to be annexed
and written consent from owners of more than half of the land in the territory proposed to be annexed; and
WHEREAS, the propeRy which currently 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 and immediately withdrawn from those districts upon completion of the
annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
SECTION 1: The Tigard City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates
proceedings for annexation into the City of Tigard, the territory described in the
attached "Exhibit A" and further illustrated in "Exhibit B".
SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the
Portland Metropolitan Area Local Government Boundary Commission at once.
PASSED: This ,W
day of , 1998.
i- City ot Tigard ~
C~
ATTEST:
" Certified to be a True Copy of
,j
nriginal on fiie _ ~ ~<G rd C,~}L, I-~,U
City Recorder - City of Tigard
By: a~-kkN k9
Date City Recorder - '
RESOLUTION NO. 98-
Dat8: i:kirywideUes\zca98-01.res
Page 1 of 1 1:35 PM
• ~ i
£X,~BIT A
ANNEXATION DESCRIPTION
Beginning at a point in the center of County Road No. 495 which point bears S 0° 53' W
a distance of 462 feet and N 87° 46' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 00° 53' W a distance of 20.03 feet to the south
right-of-way of said County Road and the True point of Beginning; thence N 87° 46' E
a distance of 179.5 feet; thence S 00° 53' W a distance of 493.00 feet; thence N89°
53' W a distance of 353.5 feet more of less; thence N 00° 53' E a distance of 455.07 to
the south right-of-way of County road 495; thence N 87° 47' E a distance of 80.11 feet;
thence S 00° 53' W a distance of 250.13 feet; thence S 89° 53' E a distance of 94.00
feet; thence N 00° 53' E a distance of 233.83 feet the true point of beginning.
i:\eng\johnrh\20003 ac.anx
VEXHYB ~T B
3EE YAi W
23 1 SA± l S , INII C \/I 1 C H A
t~~ p
9 ~ j
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ani
~ U zo2 L•r~ C SzoO
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i i~ -~-5--0-0y tm
imw ! ~ 3 ,I100 `
acio O
Y
46pa a►s i A/~ 00 tDr i0
E.. ~ 102 to +ewrf
v~
- ~ - zoa
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ta 1. MOO ~on. '
41'Oa , 1D00 600 ' . /
~ Y 5/00 ~t~ • su.~w . ` 1
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: z
' !oO a \ :1+'t~~.: -~~T 4EC~300 - 11 ' .Ora ^ A ~ ~rr
12 ' ♦'o. J .~....~7 ~ ~ ' i~3- 7V
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.
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41
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1NDtCATtS OU i SIOE OF ThE CI M~~TS
I N O f C A T E S A R E A W 1 T H 1 N T H E C l umK~~~~UmmsL
: 1NDICATES AREP+ T4. BE ANNEXED `
001 I
PLAN tCA 98-0
SITI FiSNER/PASSMORE
. . fONNER STREEt AMMEMAnON
~ D-M18#T MAP N
4 .
i ou~~siNtnseu~
6EOORAiNIC INFORYATION SYSTEY
S" HMIU ~ > VICINITY MAP
>
a
SWE OLST ~ O ZCA 98-0001
F=-
~ N S~ ~
r-
~ Fisher/Passmore
Fonner Streete
CARMEN gT a
AnneKation
~
t~~~E QP~N~`No~~
c~oo~~v
;
.
FnN
LE6END:
N c SNADED ABEAS IYOICATE
D N0ZZ m IMSIDE OF fl1E CITY .
~
ScT ~ N
0 100 200 300 400 500 Feet
P r= 3e5 r«c
v
L~ 9C)
~'G r X
ScT m -MIRA n City of Tigard
2 ~
r trdortnatbn m ihis rrap is fw generat bcatian ordy aid
'shouk be verffied w@h the Devebpmtrt Servkas Dhlaba
'D 13125 S1N Ha9 BMd
C r Tigard, OR 97713
(503)639-4177
Rl trtp7Avww.eltigard.a.m
Community Development • Plot date: Feb 24, 1998; cAmagic\magicdd.apr
CITY OF TIOARD
Community DeveloPment
SFiapingA Better Community
CITY OF TIGARD
WaskirBton County, Oregon
NOTICE OF FINALORDER c* BYTNETIGARD CITYCOUNCIL
Case Number(s): IONE CHANGE ANNEMATION QCA] 98-0001
Case Name(s): FISHER/PASSMORE FONNER STREET ANNENATION
Name of Owner: Fisher Properties Trust, SR Tumer Construction and Carol Williams
Name of Applicant: Fred Passmore
Address of Applicant: 7501 SW 195th Place Cifir: Aloha State: Oregon Zip: 97007
Address of Property: 11370 SW Fonner Street Citv: Tiqard State: Oregon Zip: 97223
11300 SW Fonner Street Citv: Tigard State: Oreqon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S103AC, Tax Lot 02101; and 2S103AC, Tax Lot 02000.
ReQUest: ➢ The property owners are requesting to annex 3.25 acres of residential property into the
City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5.
Location: 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 02101; and
11300 SW Fonner Street, WCTM 2S103AC, Tax Lot 02000.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Zone: Upon Annexation, the zoning designation of Washington County R-5 will be changed to
City of Tigard Low Density Residential, R-4.5.
Action: ➢ ❑ Approval as Requested ❑ Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
(0 Owners of Record within the Required Distance 19 Affected Governmental Agencies
O The Affected Citizen Involvement Team Facilitator 9 The Applicant and Owner(s)
Final Decision:*
THE DECISION WAS SIGNED ON , 1998 AND BECOMES EFFECTIVE ON , 1998.
The adopted findings of fact, decision and statement of conditions can be obtained from the
City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land
Use Board of Appeals (LUBA) according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171. xx
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL
ZCA 98-0001
FISHER/PASSMORE FONNER STREET Fred Passmore
ANNEXATION 7501 SW 195th Place
Aloha, OR 97007
Fisher Properties Trust SR TURNER CONSTRUCTION
P.O. Box 11370 8835 SW CANYON LANE #408
Portland, OR 97211 PORTLAND OR 97225
CAROL WILLIAMS
9155 SW RAMBLER LANE
PORTLAND OR 97223
_ ~ AM
.
. • ~ I
CITY OF TI
GARD
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PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-
up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that
agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set
for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present by
7:15 p.m. to sign in on the testimony sign-in sheet. Business aqenda items can be heard in anv
order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext.
309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deafl.
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as
much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday
preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or
684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 1
~ • .
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
FEBRUARY 24, 1998 - 6:30 PM
6:30 PM
• STUDY SESSION
> Discuss Trees 2000 Report
> Discuss request for information from the City of King City regarding
potential annexation.
> EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to
discuss labor relations, real property transactions, current and
pending litigation issues. As you are aware, all discussions within
this session are confidential; therefore nothing from this meeting may ~
be disclosed by those present. Representatives of the news media ~
are allowed to attend this session, but must not disclose any
information discussed during this session.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council CommunicationslLiaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. CONSENT AGENDA: These items are considered to be routine and may be enacted
in one motion without separate discussion. Anyone may request that an item be
removed by motion for discussion and separate action. Motion to:
3.1 Approve City Council Meeting Minutes: January 20 and 27,1998
3.2 Receive and File: Park Study Advisory Committee Information
3.3 Approve Intergovernmental Agreement for the Washington Square Regional
Center Grant with the Oregon Department of Transportation (ODOT) -
Resolution No. 98-
• Consent Aqenda -/tems Removed for Separate Discussion: Any items
requested to be removed from the Conseni Agenda for separate discussion
will be considered immediately after the Council has voted on those items
which do not need discussion.
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 2
• • •
4 CALL FOR PUBLIC INPUT: STOP SIGNS AT SW BURNHAM STREET AND SW MAIN
STREET
• Staff Report: City Engineering Department
• Public Testimony
• Council Questions/Comments
• Councii Motion: Approving the instailation as a permanent one; or, calling for the
removal of the installation.
5. PUBLIC HEARING (QUASItiIUDICIAL) - FISHER/PASSMORE FONNER STREET
ANNEXATION - ZCA 98-0001
A request to annex two parcels totaling 3.25 acres of unincorporated Washington
County land into the City of Tigard and to change the comprehensive plan and
zoning from Washington County R-5 to City of Tigard Low Density Residential, R-4.5.
LOCATIONS: 11300 SW Fonner Street; WCTM 2S103AC, Tax Lot 02000 and 11370
SW Fonner Street, WCTM 2S103AC, Tax Lot 2101.
APPLICABLE REVIEW CRITERIA: 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.
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
6. PUBLIC HEARING (QUASIJUDICIAL) - FISHER/PASSMORE WALNUT STREET
ANNEXATION - ZCA 98-0002
A request to annex one parcel of .92 acres unincorporated Washington County land
into the City of Tigard and to change the comprehensive plan and zoning from
Washington County R-5 to City of Tigard Low Density Residential, R-4.5.
LOCATIONS: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300
APPLICABLE REVIEW CRITERIA: 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.
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 3
r I
• • .
7. PUBLIC HEARING (QUASItiIUDICIAL) - SCHMIDTKE CARMEN STREET ANNEXATION
- ZCA 98-0003
A request to annex one parcel of .35 acres of unincorporated Washington County
land into the City of Tigard and to change the comprehensive plan and zoning from
Washington County R-5 to City of Tigard Low Density Residential, R-4.5.
LOCATIONS: 11760 SW Carmen Street; WCTM 2S103BD, Tax Lot 02300
APPLICABLE REVIEW CRITERIA: 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.
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
, 8. REVIEW OF PROPOSED POLICY TO FORMALIZE THE CITY COUNCIL'S APPROACH
TO ANNEXATION
• Staff Report: Community Development Department
• Council Discussion
• Council Consideration: Resolution No. 98-
9. DISCUSSION ON POLICY ALLOWING PRIVATE STREETS AND RESPONSIBILITY
FOR MAINTENANCE OF PRIVATE STREETS.
• Staff Report: Community Development Department
• Council Discussion
• Council Consideration: Motion to approve or disapprove the policy
recommendation proposed.
10. NON-AGENDA ITEMS
11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under
the provisions of ORS 192.660 (1) (d), (e), 8(h) to discuss labor relations, real
property transactions, current and pending litigation issues. As you are aware, all
discussions within this session are confidential; therefore nothing from this meeting
may be disclosed by those present. Representatives of the news media are allowed
to attend this session, but must not disclose any information discussed during this
session.
12. ADJOURNMENT
a:98transfer:agendap
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 4
~ ~ -~;~,t~l L ~ ~Tr~~ ~-H .~~cti•+c~ 'r(;~,~~,cr~: ;T H-i iGN
~
2S103AC-00600 2S103AC-00900
EMME LARRY M PARISH FRED C& LORETA ARANT TR
11221 SW FONNER ST 11385 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
~ 2S103AC-01000 2S103AC-01100
GRECO LEONARD R DURNIN BRYAN P AND JULIE A M
8151 SIMMS SL 11465 SW FONNER ST
ARVADA, CO 80005 TIGARD, OR 97223
2S103AC-01200 2S103AC-01300
PARISH FRED C& LO
JW-rA ARANT TR OAK RICKY J& BARBARA T '
11385 SW F ST 11245 SW FONNER ST
T , OR 97223 TIGARD, OR 97223
2S103AC•01400 2S103AC-01401
HOBBS RONALD E AND JUNE E FLEMING DAVID L
7205 SW VENTURA DR 11227 SW FONNER
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-01501 2S103AC-01502
VOORHEESJOH VOORHEESJOHNJ
11145 S NER RD 11145 SW FONNER
RD, OR 97223 TIGARD, OR 97223
2S103AC-01503 2S103AC-01504
DAVIS ROBERT J ERICKSON GEORGE W JR
11195 SW FONNER 11175 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
ERIC & COLLEEN SCHULTHELS 2S103AC•01701
11180 SW FONNER STREET MORTENSEN COLIN N
TIGARD OR 97223 11160 SW FONNER
TIGARD, OR 97223
2S103AC-01800 2S103AC-01900
METCALF JESSE C& RUTH G FiISSMILLER RONALD W AND
' 148 E CARMEL GREEN 11230 SW FONNER
PORT HUENEME, CA 93041 TIGARD, OR 97223
2S103AC-02000 2S103AC-02101
HODGES VIRGINIA A FISHER THOMAS L
11300 SW FONNER RO PO BOX 11370
TIGARD, OR 97223 PORTLAND, OR 97211
2S103AC-02200 • 2S103AC-02300
HOLMES ROBERT W QUIMBY ELEANOR N& EARL H
11400 SW FONNER 11480 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
` ~ -c'`'C', ) • • ( l'J ~.-W Cl=
2S103AC-02400 2S103AC-02600
FIILER DAVID E MARY LYNN BECK JAY W AND NORA C
11500 SW FONNER 11550 SW FONNER ST
. TIGARD, OR 97223 TIGARD. OR 97223
2S103AC-05000 2S103AC-05100
MYERS RANDALL C& MELISSA K DAHLEN MARK S&
6655 SW HAMPTON #100 12775 SW 113TH PL
PORTLAND, OR 97223 TIGARD, OR 97223
2S 103AC-05200 2S 103AC-05300 ~
MYERS RANDALL C& ~K FEYDER JOSEPH A& TRACY L
6655 SW N#100 PO BOX 540 SE 119TH I
LAND, OR 97223 PORTLAND, OR 97216
2S103AC•06100 2S103AC-06200
CALHOUN CYNTHIA L PASSMORE SUSAN
11340 SW FONNER 7501 SW 195TH PL
TIGARD, OR 97223 ALOHA, OR 97007
2S103DB-00100 2S103DB-07900
SHULTS MITCHELL T/CARIA P COUTURE JOEL W AND
2074 LAURELEI AVE 11270 SW MORGEN CT
SAN JOSE, CA 95128 TIGARD, OR 97223
2S103013-08000 2S103DB-08100
, METZ MERRITT TERRY AND BOWLSBY BEVERLY J& ROBERT A
11230 SW MORGEN CT 11200 SW MORGEN CT
TIGARD, OR 97223 TIGARD, OR 97223
1 B- 86 1 - 7
2S 03D 0 00 2S 0308 08 00
I W RTH WI HT AN
S G O D G L D MCKERNAN THOMAS J AND RUBY
11185 SW MORGEN COURT 11205 MORGEN COURT
TIGARO, OR 97223 TIGARD, OR 97223
2S10308-08800 2S103DB-08900
LAMBIASO WILLIAM J ANO DARLENE SATTLER BARBARA J
11225 SW MORGEN CT 11245 SW MORGAN CT
TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-09000 2S103013-09100
JOHNSEN ROGER C& MAILI H SAKASH PHILLIP M& SONYA M
11265 SW MORGEN CT 11285 SW MORGEN CT
TIGARD, OR 97223 TIGARD, OR 97223
2S103D8-09200 2S10308-09300
MAHAR STEPHEN J& TIMEA CLARKE JOHN G& KARYN S
11390 SW ERSTE PL 11380 SW ERSTE PL
TIGARD, OR 97224 TIGARD, OR 97223
.3 n~31
2S 103D8-09400 2S 10308-09500 I
ABEYTA THOMAS J AND DEBORAH L HONEYCUTT EDWIN E JR 8 ETHEL L
11370 SW ERSTE DR 11375 SW ERSTE PL I
~ TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-09600 2S10308-09700
CULBERTSON JON C SCHOPPE PAUL & KATHRYN J
11385 SW ERSTE PL 11395 SW ERSTE PL
TIGARD, OR 97223 TIGARD, OR 97223
2S103D8-09800 2S103D8-09900
BRUMMETT RODNEY L& REBECCA S FRANK LARRY AND ANGELA
11490 SW SONNE PL 11480 SW SONNE PLACE
~ TIGARD, OR 97223 TIGARD, OR 97223
2S103D13-10000
YORK LAURENCE A 8 LAURA J CAROL WILLIAMS
11470 SW SONNE PL 9155 SW RAMBLER LANE
TIGARD, OR 97223 PORTLAND OR 97223
SR TURNER CONSTRGCTION, L.L.C. FISHER PROPERTIES TRUST
8835 SW CANYON LANE, #408 PO BOX 11370
PORTLAND OR 97225 PORTLAND OR 97211
FRED PASSMORE
, 7501 SW 195TH PLACE
ALOHA OR 97007
~ • •
AGENDA ITEM ~v
FOR AGENDA OF: Februarv 24, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSIJE/AGENDA TITi.E: Zone ChanQe Annexation (ZCA) 98-0001 - Fisher/Passmore Fonner Street
Annexation
PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY MGR OK
,
ISSUE BEFORE THE COUNCIL
Should the Tigard City Council forward to the Portland Metropolitan Area L.ocal Government Boundary
Commission a request to initiate annexation of two (2) parcels consisting of a total of 3.25 acres located at 11300
and 11370 SW Fonner Street, south of SW Fonner Street, across from SW 113th Place?
STAFF RECOMMENDATION
Adopt the attached Resolution and forward the request for annexation to the Boundary Commission and adopt the
attached Ordinance to assign comprehensive plan and zoning designations to the subject properties in conformance
with the City of Tigard Comprehensive Plan.
' INFORMATION SUMMARY
The proposed annexation consists of territory comprised of two (2) parcels of land, totaling 3.25 acres which is
contiguous to the City of Tigard. Both properties are currently developed with a single-family residence. Both
properties have also gone through separate pre-application conferences and desire annexation in order to facilitate
further development of the properties. Attached is a Resolution initiating annexation and an Ordinance to change
the comprehensive plan and zoning designations from Washington County R-5 to City of Tigard Low Density
Residential, R-4.5.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This request is consistent with Growth & Management "Goal 2."
FISCAL NOTES
Since the subject territory is within the City of Tigard's Active Planning Area, the City is responsible for paying the
Boundary Commission application fee of $605 by City Council Resolution.
COUNCIL AG[NDA ITEM SUMMARY i:\cirywidelsum\zca98•0 l .sum
Page I of 1 Julia P H 12-Feb-98 9:06 AM
_ • •
CITY OF TIGARD, OREGON
RESOLUTION NO. 98-
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE
CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT
A" AND FURTHER ILLUSTRATED IN THE ATTACHED "EXHIBIT B".
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation
of two (2) parcels of land consisting of a total of 3.25 acres located south of SW Fonner Street, across from
SW 113th Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission
Law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the tenitory proposed to be annexed
and written consent from owners of more than half of the land in the territory proposed to be annexed; and
WHEREAS, the property which currently 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 and immediately withdrawn from those districts upon completion of the
annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
SECTION 1: The Tigard City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates
proceedings for annexation into the City of Tigard, the territory described in the
attached "Exhibit A" and further illustrated in "Exhibit B".
SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the
Portland Metropolitan Area Local Government Boundary Commission at once.
PASSED: This day of , 1998.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
Date
RGSOLCTION \O. 98-
i:\ci cywidelrcs\zca9 &01.rcs
Page I of 1 lulia P H I0-Feb-98 1:35 Pht
. • • ExHrBIT a
ANNEXATION DESCRIPTION
Beginning at a point in the center of County Road No. 495 which point bears S 0° 53' W
a distance of 462 feet and N 87° 46' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 00° 53' W a distance of 20.03 feet to the south
right-of-way of said County Road and the True point of Beginning; thence N 87° 46' E
a distance of 179.5 feet; thence S 00° 53' W a distance of 493.00 feet; thence N89°
53' W a distance of 353.5 feet more of less; thence N 00° 53' E a distance of 455.07 to
the south right-of-way of County road 495; thence N 87° 47' E a distance of 80.11 feet;
thence S 00° 53' W a distance of 250.13 feet; thence S 89° 53' E a distance of 94.00
feet; thence N 00° 53' E a distance of 233.83 feet the true point of beginning.
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~TY OF TIGARD, OREGON •
ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEYATION) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation
for two (2) parcels of land located south of SW Fonner Street, across from SW 113th Place; and
WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed
annexation to the Portland Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by 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 of Tigard's existing comprehensive plan designation of Low Density
Residential; R-4.5.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Maps/Lot Numbers
2S 103AC, Tax Lot 02000
2S 103AC, Tax Lot 02101
Current Comprehensive Plan Designation New Comprehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zoning New Zonine
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 , 1998.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 1998.
James Nicoli, Mayor
Approved as to form:
City Attorney
Date
ORDWANCE No. 98- i:\citywide\orci\zca98-01.ord
Pa~e 1 of l lulia P H I I-Feb-9ri I:53 P~t
I
•
. • C
Agenda Item:
Hearing Date: Februarv 24. 1998 7:30 PM
STAFF REPORT TO TNE
CITY COUNCIL CITYOFTIOARD
Community.Developmtni
. FOR TNE CITY OF TIGARD, OREGON ShnpingA BetterCommunity
SECTION I. APPLICATION SUMMARY
CASE(S): FILE NAME: FISHER/PASSMORE FONNER STREET ANNEXATION
Zone Change Annexation (ZCA) 98-0001
PROPOSAL: To annex two (2) parcels totaling 3.25 acres of un-incorporated Washington
County land into the City of Tigard and to change the comprehensive plan
and zoning from Washington County R-5 to City of Tigard Low Density
Residential; R-4.5.
APPLICANT: Fred Passmore OWNER: SR Turner Construction, L.L.C.
7501 SW 195th Place 8835 SW Canyon Ln, Suite 408
Aloha, OR 97007 Portland, OR 97225
OWNER: Fisher Properties Trust OWNER: Carol Williams
PO Box 11370 9155 SW Rambler Lane
Portland, OR 97211 Portland, OR 97223
CURRENT
ZONING
DESIGNATION: The current zoning designation is Washington County R-5.
PROPOSED
ZONING
DESIGNATION: It is recommended that the City of Tigard zoning designation of R-4.5 be
designated upon annexation. The City's R-4.5 zone most closely conforms
to the County designation of R-5 while implementing the City's
Comprehensive Plan designation of Low Density Residential; R-4.5.
LOCATIONS: 11300 SW Fonner Street; WCTM 2S103AC, Tax Lot 02000 and
11370 SW Fonner Street; WCTM 2S103AC, Tax Lot 02101.
APPLICABLE
REVIEW
CRITERIA: 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.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation will not adversely affect the
health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the
annexation by adoption of the attached Resolution and Ordinance.
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2/24/98 PUBLIC HEARING
SECTION III. BACKGROUND INFORMATION I
Site History:
Each property is currently developed with a single-family residence. The property owners have
each had a pre-application meeting with City Staff to discuss development of their property. The
owners of Tax Lot 02000 are proposing a 16 lot subdivision and the owner of Tax Lot 02101 is
proposing a two (2) lot partition. No formal applications have been filed for the proposals
mentioned above and no other development cases were found to have been filed with the City for
these properties.
Vicinitv Information:
Tax Lot 02101 is .42 acres and Tax Lot 02000 is 2.83 acres. The total area being annexed,
therefore, is 3.25 acres. The area being annexed is on the south side of SW Fonner Street, east
of where Fonner Street jogs. The two (2) lots form a"U" shape. Property to the south of the area
being annexed and the property inside of the "U" are both within the city limits of Tigard. The
property also abuts city limits on the east and west, near the southem portion of the "U". The
property to the north, across SW Fonner Street and on the east and west, near the northem
portion of the "U", is outside of the Tigard city limits, but within Tigard's Active Planning Area.
Site Information and Proposal Description:
The site is contiguous to property inside of the city limits zoned R-4.5. The property is bordered
on the north, northwest and northeast by land that is outside of the Tigard city limits, but inside
Tigard's Active Planning Area. The proposal is to annex into the City of Tigard in order to facilitate
future proposed development and connect to city sewer.
The owners/applicants have requested that the 3.25 acre site be annexed into the City of Tigard
by means of the double-majority method. Representing the owners of more than half of the land
(100%) and a majority of the registered electors (100%) of the area proposed to be annexed, this
action has been initiated through the written consent of the property owners.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
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:
Policy 2.1.1:
This Policy requires an ongoing citizen involvement program and 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 in a newspaper of general circulation.
Policv 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels and is satisfied
because the City of Tigard Police, Engineering and Water Departments, USA and Tualatin Valley
Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2/24/98 PUBLIC HEARING
' II
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Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is
surrounded on several sides by property that is inside the Tigard City limits. The annexation,
therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has
been notified of this request and has no objection. The affected land is located within the City's
Active Planning Area and is contiguous to the city boundary. Adequate services are also available
to accommodate the properties.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the findings that follow.
Section 18.136.030:
This Section addresses approval standards for annexation proposals and is satisfied because:
Service providers have indicated that adequate facilities and services are available and have
sufficient capacity to serve the affected site.
The applicable Comprehensive Plan Policies and Code provisions have been reviewed and
satisfied as previously indicated in this report.
The City of Tigard 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.
This also satisfies Comprehensive Plan Policy 10.1.3.
The determination that the affected property is an established area is based on the standards set
forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005.
Section 18.138:
This Section provides standards for the classification of annexed land and is satisfied because the
affected properties meet the definition of an established area and shall be designated as such.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed
this proposal and have offered no comments or objections.
The Tigard Police requested that Staff contact the surrounding property owners to ask if they
wanted to join the annexation. Staff contacted these property owners and sent the necessary
forms in the event they wish to modify the annexation. If they chose to annex and if Council
supports their annexations, the Resolution and Ordinance can be amended to include these additional lots.
STAFF REPORT 70 THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0001 - FISHER(PASSMORE FONNER STRE=T ANNEXATION 2/24/98 PUBLIC HEARING
r i .
SECTION VI. AGENCY COMMENTS
The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Tualatin Valley
Water District, PGE, NW Natural Gas, US West and GTE had the opportunity to review the
proposal and have offered no objections.
BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF
RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION.
~
February 10, 1998
PREPARED . Julia Powell ajduk DATE
Associate Planner
~
✓I , February 10, 1998
~
APPROVED BY: Richard Bewersdorff DATE
Planning Manager~
i:\curpln\j ulia\annex\zca98-01.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2124198 PUBLIC HEARING
I
I
I
February 13, 1998 ~
Eric & Colleen Schulthels C'~D
11180 SW Fonner Street Tigard, OR 97223
RE: Zone Change Annexation (ZCA) 98-0001
L
Dear Mr. and Mrs. Schulthels:
On February 2, 1998, the City of Tigard Planning Division mailed a"Notice of Public
Hearing" to all property owners within 250 feet of the subject property in reference to
the land use file indicated above.
The City obtains property ownership information from the County Assessor's office
which is updated on a quarterly basis. Because our records are only able to be
updated quarterly, occasionally there are delays in receiving updated information. On February 13, 1998 the owners in our records for the property at 11180 SW Fonner
Street (Judy and Jon Fessler) indicated that they were no longer the owners and that all
future land use notices to the property owners for the property at 11180 SW Fonner
Street be sent to you. We are, therefore, forwarding this notice to you and have made
a note in this land use file to send any future notices related to ZCA 98-0001 to you.
However, until our records are updated there may be additional delays if there are other
developments in your area for which you would normally receive notice. If you are
concerned that there is a development proposal that you did not receive notice of,
please contact our office and we will be happy to tell you if there is an application that
has been filed.
If you have any questions regarding this letter or the enclosed "Notice of Public
Hearing", please don't hesitate to call me at (503) 639-4171.
Sincerely,
Julia Powell Hajduk
Associate Planner
i:\curp1nvu1ia\zca98-01.1 et
c: ZCA 98-0001 land use file
1998 Planning correspondence file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. , ~ •
CITY OF TIOARD
Community Develapment
,$fiapingfi Better Community
L PUBLIC NFARING NOTICE
I NOTICE IS HEREBY GIVEN THAT THE TIGARD CtTY COUNCIL, AT A MEETING ON TUESDAY.
FEBRUARY 24, 1998 AT 7:30 P.M. IN THE TOWN HALL OF THE TIGARD C{VIC CENTER, 13125
SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPI.ICATION:
FiLE NO: IONE CHANGE AHNEl1AT10N QCAI 98-0001
FiLE TiTLE: FISHER/PASSMORE FONNER STREET ANNE)IATION
APPIICANT: Fred Passmore OWNER: Fisher Properties Trust
7501 SW 195th Place P.O. Box 11370
Aloha, OFt 97007 Portland OR 97211
OWNER: Carol Williams OWNER: SR Tumer Const., L.L.C.
9155 SW Rambler Lane 8835 SW Canyon Lane
Portland, OR 97223 Suite #408
Portland, OR 97225
REQUEST > The property owners are requesting to annex 3.25 acres of residential property
into the City of Tigard and change the zoning from Counry R-5 to City of Tigard
R-4.5.
LOCATION: 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 02101; and
11300 SW Fonner Street, WCTM 2S103AC, Tax lot 02000.
aPPLICABLE
REVIEW
a'RITERIA: The proposed zone change is to City of Tigard R-4.5 from County R-5.
ZONE: Community Development Code Chapter 18.136.
PUBLIC HEAAING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
? 3.32 OF THE COMMUNITY DEVELOPMENT CODE ANO RULES OF PFiOCEDURE ADOPTED BY THE TIGARD C1TY
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
,NTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
; ELECOMMUNICATIONS 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
?RIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY
PLANNER, OPEN THE PUBl.1C HEARING, AND INVITE BOTH ORALAND WRITTEN TESTIMONY. THE CITY COUNCIL
ZCA 98-0007 FISNEWPASSMORE FaNNEFi S7, ANNEXATION NOTICE OF 2J24J98 C1TY COt1NC1l PUBUC MEAiiING
MAY CONTINUE THE PUBLIC HEA G TO ANOTHER MEETING TO OBT~ ADDITIOfdA~. IN`FORMATION, OR
CLOSE THE PUBLIC HEARING AND ~E ACT10N ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER FEBRUARY 3, 1998, ANY PARTY IS
ENTITIED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE
HEARlItiG, 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 HEARlNG (ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLlCABLE TO THE REQUEST FROM THE TIGARD
COMMUNITY DEVELOPMENT CODE AND THE TIGARO COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL
OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY.
AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO
THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EViDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORlTY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THA7
ISSUE.
ALL DOCUMENTS AND APPUCABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT
NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE T1ME OF THE FiEQUEST. AT LEAST SEVEN (7) 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-F1VE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMAT{ON PI.EASE CONTACT THE CiTY RECORDER OR STAFF PLANNER 11111113 POWCII HBidllk 'i
AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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ZCA 98-0001 PISHER/PASSMORE FONNER ST. ANNEXATION NOTICE OF 2/24M CITY COUNCiI PUBLIC HEARING
. •
a'u~t~' oressler 0
312 W. Gilliam
PO Box 808
Condon, OR 97823
Rf CEryE~ ptNN/N
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February 10, 1998 FEe 13 199
8
cny'oF404RD
Julia Powell Hajduk, Staff Planner
CITY OF TIGARD
. ..131'n`SW`HaII BLVD^ _ , , .~u_.~.._..._....__
Tigard, OR 97223
RE: Zone Change Annexation (ZCA) 98-0001
Dear Julia:
Piease note that we are no longer the property owners of the following address:
11180 SW Fonner
~ Ti9ard, OR 97223
And the PUBLIC HEARING NOTICE we just received should be sent to:
Eric & Colleen Schulthels
11180 SW Fonner . •
Tigarcl, OR 97223
Please pass on to the Planning Director so that your recorcls are updated for any further action
on this or any other property in the neighborhood. Thank you.
Sincerely
o & Ju y Fessler
.
, ~ • •
AGENDA ITEM
FOR AGENDA OF: Februarv 24, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSLJE/AGENDA TITLE: Zone Change Annexation (ZCA) 98-0001 - Fisher/Passmore Fonner Street
Annexation
~
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PREPARED BY: Julia Powell Hajduk ~ DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Tigard City Council forward to the Portland Metropolitan Area Local Government Boundary
Commission a request to initiate annexation of two (2) parcels consisting of a total of 3.25 acres located at 11300
and 11370 SW Fonner Street, south of SW Fonner Street, across from SW 113th Place?
STAFF RECOMMENDATION
Adopt the attached Resolution and forward the request for annexation to the Boundary Commission and adopt the
attached Ordinance to assign comprehensive plan and zoning designations to the subject properties in conformance
with the City of Tigard Comprehensive Plan.
INFORMATION SUMMARY
The proposed annexation consists of territory comprised of two (2) pazcels of land, totaling 3.25 acres which is
contiguous to the City of Tigard. Both properties are currently developed with a single-family residence. Both
properties have also gone through separate pre-application conferences and desire annexation in order to facilitate
further development of the properties. Attached is a Resolution initiating annexation and an Ordinance to change
the comprehensive plan and zoning designations from Washington County R-5 to City of Tigard Low Density
Residential, R-4.5.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This request is consistent with Crrowth & Management "Goa12."
FISCAL NOTES
Since the sub}ect territory is within the City of Tigard's Active P(anning Area, the City is responsible for paying the
Boundary Commission application fee of $605 by City Council Resolution.
COUNCIL AGENDA ('fEN SUMMARY i:\CicywidelSUm\zca98-0 l.sum
Page 1 of l lulia P H 12-Feb-98 9:06 AM
, • •
I CITY OF TIGARD, OREGON
RESOLUTION NO. 98-
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFEREED TO AS ZONE
CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT
A" AND FURTHER ILLUSTRAT'ED IN THE ATTACHED "EXHIBIT B".
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation
of two (2) parcels of land consisting of a total of 3.25 acres located south of SW Fonner Street, across from
SW 113th Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission
Law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed
and written consent from owners of more than half of the land in the territory proposed to be annexed; and
WHEREAS, the property which currently 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 and immediately withdrawn from those districts upon completion of the
annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
SECTION 1: The Tigard City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates
proceedings for annexation into the City of Tigard, the territory described in the
attached "Exhibit A" and further illustrated in "Exhibit B".
SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the
Portland Metropolitan Area Local Government Boundary Commission at once.
PASSED: This day of , 1998.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
Date
RFSOLUT'ION NO. 98-
i:\citywideUss\zca98-0 Lres
Page f of 1 lulia P H 10.Feb-98 I:35 PM
£X:~+B I T A
ANNEXATION DESCRIPTION
Beginning at a point in the center of County Road No. 495 which point bears S 0° 53' W
a distance of 462 feet and N 87° 46' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 00° 53' W a distance of 20.03 feet to the south
right-of-way of said County Road and the True point of Beginning; thence N 87° 46' E
a distance of 179.5 feet; thence S 00° 53' W a distance of 493.00 feet; thence N89°
53' W a distance of 353.5 feet more of less; thence N 00° 53' E a distance of 455.07 to
the south right-of-way of County road 495; thence N 87° 47' E a distance of 80.11 feet;
thence S 00° 53' W a distance of 250.13 feet; thence S 89° 53' E a distance of 94.00
feet; thence N 00° 53' E a distance of 233.83 feet the true point of beginning.
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1CA 98-a AS ~ORE
siit PLAN FisK~~p p~lNDU1T10N
FONNER STRE~
~TY OF TIGARD, OREGON •
ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEXATION) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation
for two (2) parcels of land located south of SW Fonner Street, across from SW 113th Place; and
WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed
annexation to the Portland Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by 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 of Tigard's existing comprehensive plan designation of Low Density
Residential; R-4.5.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Maps/Lot Numbers
2S 103AC, Tax Lot 02000
2S 103AC, Tax Lot 02101
Current Comprehensive Plan DesiEnation New Comprehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zonin~ 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 vote of all Council members present after being read by number and title
only, this day of , 1998.
Catherine WheatleY, CitY Recorder
' APPROVED: By Tigard Ciry Council this day of , 1998.
James Nicoli, Mayor
Approved as to form:
City Attorney
Date
ORDWANCE No. 98- i:\citywide\orcnzca98-0 l.ord
Page l of l Julia P H I i-Feb-98 1:53 PIM
, . • •
Agenda Item:
Hearing Date: Februarv 24, 1998 7:30 PM
; . . . ~ . STAFF REPORT TO TNE . . :
. : . . CITY COUNCIL , . C~►OFnOARO .
. • " Conurrrr,nity Deurlopma~t
: . ~ . FOR TNE CITY OF TIGARD; OREGON
; . . .
SECTION 1. APPLICATION SUMMARY
CASE(S): FILE NAME: FISHER/PASSMORE FONNER STREET ANNEXATION
Zone Change Annexation (ZCA) 98-0001
PROPOSAL: To annex two (2) parcels totaling 3.25 acres of un-incorporated Washington
County land into the City of Tigard and to change the comprehensive plan
' and zoning from Washington County R-5 to City of Tigard Low Density
Residential; R-4.5.
APPLICANT: Fred Passmore OWNER: SR Tumer Construction, L.L.C.
7501 SW 195th Place 8835 SW Canyon Ln, Suite 408
Aloha, OR 97007 Portland, OR 97225
OWNER: Fisher Properties Trust OWNER: Carol Williams
' PO Box 11370 9155 SW Rambler Lane
, Portland, OR 97211 Portland, OR 97223
CURRENT
, ZONING
DESIGNATION: The current zoning designation is Washington County R-5.
PROPOSED
ZONING
DESIGNATION: It is recommended that the City of Tigard zoning designation of R-4.5 be
designated upon annexation. The City's R-4.5 zone most closely conforms
to the County designation of R-5 while implementing the City's
Comprehensive Plan designation of Low Density Residential; R-4.5.
LOCATIONS: 11300 SW Fonner Street; WCTM 2S103AC, Tax Lot 02000 and
11370 SW Fonner Street; WCTM 2S103AC, Tax Lot 02101.
APPLICABLE
REVIEW
CRITERIA: 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.
SECTION II. STAFF RECOMMENDATION
Staff recommends 'that the Council find that the proposed annexation will not adversely affect the
health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the -annexation by adoption of the attached Resolution and Ordinance. I STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2/24198 PUBLIC HEARING
, . • •
SECTION III. BACKGROUND INFORMATION
Site Historv:
Each property is currently developed with a single-family residence. The property owners have
each had a pre-application meeting with City Staff to discuss development of their property. The
owners of Tax Lot 02000 are proposing a 16 lot subdivision and the owner of Tax Lot 02101 is
proposing a two (2) lot partition. No formal applications have been filed for the proposals
mentioned above and no other development cases were found to have been filed with the City for
these properties.
Vicinitv Information:
Tax Lot 02101 is .42 acres and Tax Lot 02000 is 2.83 acres. The total area being annexed,
therefore, is 3.25 acres. The area being annexed is on the south side of SW Fonner Street, east
of where Fonner Street jogs. The two (2) lots form a"U" shape. Property to the south of the area
being annexed and the property inside of the "U" are both within the city limits of Tigard. The
property also abuts city limits on the east and west, near the southem portion of the "U". The
property to the north, across SW Fonner Street and on the east and west, near the northem
portion of the "U", is outside of the Tigard city limits, but within Tigard's Active Planning Area.
Site Information and Proposal Description:
The site is contiguous to property inside of the city limits zoned R-4.5. The property is bordered
on the north, northwest and northeast by land that is outside of the Tigard city limits, but inside
Tigard's Active Planning Area. The proposal is to annex into the City of Tigard in order to facilitate
future proposed development and connect to city sewer.
The owners/applicants have requested that the 3.25 acre site be annexed into the City of Tigard
by means of the double-majority method. Representing the owners of more than half of the land
(100%) and a majority of the registered electors (100%) of the area proposed to be annexed, this
action has been initiated through the written consent of the property owners.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
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:
Policv 2.1.1:
This Policy requires an ongoing citizen involvement program and 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 in a newspaper of general circulation.
Policy 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels and is satisfied
because the City of Tigard Police, Engineering and Water Departments, USA and Tualatin Valley
Fire & Rescue (NF&R) have all reviewed the annexation request and have offered no objections.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2124/98 PUBLIC HEARING
. ~ • Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
surrounded on several sides by property that is inside the Tigard City limits. The annexation,
therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has
been notified of this request and has no objection. The affected land is located within the City's
Active Planning Area and is contiguous to the city boundary. Adequate services are also available
to accommodate the properties.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the findings that follow.
Section 18.136.030:
This Section addresses approval standards for annexation proposals and is satisfied because:
Service providers have indicated that adequate facilities and services are available and have
sufficient capacity to serve the affected site.
The applicable Comprehensive Plan Policies and Code provisions have been reviewed and
satisfied as previously indicated in this report.
The City of Tigard 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.
This also satisfies Comprehensive Plan Policy 10.1.3.
The determination that the affected property is an established area is based on the standards set
forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005.
Section 18.138:
This Section provides standards for the classification of annexed land and is satisfied because the
affected properties meet the definition of an established area and shall be designated as such.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed
this proposal and have offered no comments or objections.
The Tigard Police requested that Staff contact the surrounding property owners to ask if they
wanted to join the annexation. Staff contacted these property owners and sent the necessary
forms in the event they wish to modify the annexation. If they chose to annex and if Council
supports their annexations, the Resolution and Ordinance can be amended to include these
additional lots.
~
' STAFF REPORT TO THE CtTY COUNCIL PAGE 3 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2/24/98 PUBLIC HEARING
. • • •
SECTION VI. AGENCY COMMENTS
The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Tualatin Valley
Water District, PGE, NW Natural Gas, US West and GTE had the opportunity to review the
proposal and have offered no objections.
. . BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF. ~ -RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) .
a' . . ~'98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION.~.'.
% February 10, 1998
PREPARED . Julia Powell ajduk DATE
Associate Planner
~ CJ .
Februarv 10, 1998
APPROVED BY: Richard Bewersdorf DATE
Planning Manageri
i:\curplnti ulia\annex\zca98-01.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0001 - FISHER/PASSMORE FONNER STREET ANNEXATION 2J24/98 PUBLIC HEARING
ZCA q;"09v L I
t
pIANNING
RECENED CITY OF TIGARD
January 21, 1998 FEg a 41998 OREGON
C1S`~ of tIGAa'3
Robert J. Davis
11195 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Uir. Davis:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11195 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within ~
the City limits: ~
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
Julia Powell Hajduk
Associate Planner
i:\curp1nyu1ia\98-01-01.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
~ . ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CITY OF TIGARD
,lanuary 21,1998 OREGON
. Virginia A. Hodges
11300 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Ms. Hodges:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11300 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
Julia Powell Haj uk
Associate Planner
i:\curp1n\julia\98-01-08.doc 7 t,y
✓ t%
c: Jim Wolf, Tigard Police Department .---1997 Planning correspondence file
. ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ .
I
CITY OF TIGARD
January 21, 1998 OREGON
Jessee C. and Ruth G. Metcalf
148 E. Carmel Green
Port Hueneme, CA 93041
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. and Mrs. Metcaif:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11200 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
Julia Powell Ha tluk
Associate Planner
i:\curp1nlju1ia\98-01-07.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
cinroF TiGARD
J
anuary 21, 1998 OREGON
. Virginia A. Hodges
11300 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street I~
Reference file number: ZCA 98-0001
Dear Ms. Hodges:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11300 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits. .
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
Julia Powell Haj uk Associate Planner
i:\curp1n\ju1ia\98-01-08.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 land use fife
. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• •
i,
CITY OF TIGARD
,January 21, 1998 OREGON
Eleanor N. and Ear1 H. Quimby
11480 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001 . .
Dear Mr. & Mrs. Quimby:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11480 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
6W4'(-
owell Hajduk
Associate Planner
iAcurplny ulia\98-01-09.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• • i
CITY OF TIGARD
January 21, 1998 OREGON
John H. and Elizabeth Gross
11130 SW Fonner Street ,
Tigard, OR 97223 .
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. and Mrs. Gross: The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11130 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
41 -///4 e 4 e-
Julia Powetl Hajduk
Associate Planner
1:\curp1nuu1iaU8-01-06.doc
c: Jim Wo{f, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• •
~
-
CITY OF TtGARD
,January 21, 1998 OREGON
David E. and Mary Lynn Filler
11500 SW Fonner Street '
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. and Mrs. Filler:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11500 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits. If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
/~~~/j'/ ,
Julia Powell Hajduk
Associate Planner
i:\curp1nyu1ia\98-01-05.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 iand use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• •
CITY OF TIGARD
.lanuary 21, 1998 OREGON
Robert W. Hoimes
11400 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. Holmes:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11400 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned ,
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
I ~
Julia Powell Hajduk
Associate Planner
i:lcurplnljulia\98-01-04.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ i
CITY OF TlGARD
January 21, 1998 OREGON
Ronald W. Rissmiller
11230 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. Rissmiller:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11230 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
/~~~c%l/ ,~~iv,~~•/~
Julia Powell Hajduk
Associate Planner
i:\curp1n\ju1ia498-01-03.doc
c: Jim Walf, Tigard Poiice Department
1997 Planning correspondence file
ZCA 98-0001 land use fife
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• •
i
.k
CITY OF TIGA,RD
J
anuary 21, 1998 OREGON
Robert J. Davis
11195 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. Davis:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11195 SW Fonner Street included in this annexation proposal. ,
The reason for the request is to create a more uniform boundary line, thus reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407. .
Sincerely,
/17~ 1Julia Powell Hajduk
Associate Planner
i:lcurplnyulia\98-01-01.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 {and use file
~i
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
a •
~
cinroF TrG~D
January 21, 1998 OREGON
Colin N. Mortensen
11160 SW Fonner Street
Tigard, OR 97223
RE: Annexation of property`at 11370 SW Fonner Street
Reference file number: ZCA 98-0001
Dear Mr. Mortensen:
The City of Tigard is processing an annexation request for your neighbor
at 11370 SW Fonner Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11160 SW Fonner Street included in this annexation proposal.
The reason for the request is to create a more uniform boundary line, thus
reducing the chance of delay in providing emergency services in this area.
In addition. in order to hook up to City sanitary sewer, you must be within
the City limits.
If you are interested in being included in this annexation, please fill out the
enclosed form prior to February 10, 1998.
If you have questions regarding this letter or the above mentioned
, annexation, please feel free to contact me at 639-4171 x407.
~I Sincerely,
ti
Julia Powell Hajduk
Associate Planner
i:\curp1nlju1ia\98-01-02.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0001 land use file
13125 SW Hall Blvd., Tigard. OR 97223 (503) 639-4171 TDD (503) 684-2772
2S103AC-01503 2S103AC-01600
DAVIS ROBERT J GROSS JOHN H& ELIZABETH
11195 SW FONNER 11130 SW FONNER ST
, TIGARD, OR 97223 TIGARD, OR 97223
•
r 2S103AC-01701 2S103AC-01800
MORTENSEN COLIN N METCALF JESSE C& RUTH G
11160 SW FONNER 148 E CARMEL GREEN
TIGARD, OR 97223 PORT HUENEME, CA 93041
2S103AC-01900 2S103AC-02000
RISSMILLER RONALD W AND HODGES VIRGINIA A
11230 SW FONNER 11300 SW FONNER RD
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-02200 2S103AC-02300
HOLMES ROBERT W QUIMBY ELEANOR N& EARL H
11400 SW FONNER 11480 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-02400
FILLER DAVID E MARY LYNN
11500 SW FONNER
TIGARD, OR 97223
.
~c~ q~-ebo 1
~
• •
2S103AC-01503 ' 2S103AC-01600
TIGARD RESIDENT TIGARD RESIDENT
11195 SW 11130 SW
i - TIGARD OR 97223 TIGARD OR 97223
' 2S103AC-01701 2S103AC-01800
TIGARD RESIDENT TIGARD RESIDENT
I 11160 SW 11200 SW
TIGARD OR 97223 TIGARD OR 97223
2S103AC-01900 2S103AC-02000
TIGARD RESIDENT TIGARD RESIDENT
11230 SW FONNER ST 11300 SW FONNER ST
TIGARD OR 97223 TIGARD OR 97223
2S 1 03AC-02200 2S103AC-02300
TIGARD RESIDENT TIGARD RESIDENT
11400 SW 11480 SW
TIGARD OR 97223 TIGARD OR 97223
2S103AC-02400
TIGARD RESIDENT
11500 SW
TIGARD OR 97223
~
~
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2. Location and size of nearest sewer line which can serve the subject area.
L i N ~ ( rs
C~ T~'1 G' -r~i
3. Proximiry of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area
4. The time at which services can be r onably provided by the city or district.
t~j, w
,
5. The estimated cost of extending such faciliries and/or services and what is to be
the method of financing. (Attach any supporting documents.)
' iQ C;T v~
6. Availability of the desired service from any other unit of local government.
(Please indicate the govemment.)
15
i~ Revised 11/93
• I' • • .
B. If the territory described in the proposal is presently included within the boundaries of
any of the following rypes of govemmental units, p(ease so indicate by stating the name
or names of the governmental units involved. .
City ~ (,`WL iD Rural Fire Dist
. , ,►~o o~..
Counry Service Dist. Sanitary District ~(~-r~'►21~
Hwy. Lighring Dist. Water District C~'~'~-~
Grade School Dist. ~Drainage District
Hi-h School Dist. f 1L~21J Diking District
Library Dist. -r~(^-+~~- Park & Rec. Dist.
Special Road Dist. Other Disi. 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 sewe: or water system), please so describe.
42~ 5n 'M~ ~~n. ~
.
APPLICANT'S N~~
MAILING ADDRESS ~ 5Z I .S -
t 7GG ~ ~ .
TELEPHONE ti121BER (Work)
t
4 (Res.)
REPRESENTING St -zYZ
,
D arE: 97
,
' 16
Revised 11/93
. " • •
REQUEST FOR COMMENTS CITY OF TIOARD
Community DeveCopment
~ a
DATE: lanuanl 20,1998 ShapingABetterCommunity
T0: lulia Huffman, Unified Sewera9e A9ency
FROM: Citl of Tigard Plannln9 Diuision STAFF CONTA ~a~ wPb~ ell'Halduk, Assoclate Planner
Phone: [50316594111 Fax: [50516841291
lONE CHAN6E ANNEIIATION [ICAI 98-0001
, ➢ FISHER/PASSMORE FONHER STREET ANHEMATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the SItB PI811, Yicinitv Map and ApplicanYS StetC111Cl1t 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: [fRIDAY - IANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If You are unable to respond b]I the eb0ue 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:
ftlease pmvie tke fo[I'owing information) Name of Person[sl Commentln .
v
' Phone NumbeHsl: z~4 °f
' ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAL/REQUEST FOR COMMENTS
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m °x ~ - ~ Fonner St Annexation
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Commun(ty Development Plot date: Jan 20, 1998; c:Unagic\magicdd.apr j
01/22/98 THU 09:46 FAa 503 591 0986 TVVYD ENGINEERING Q002
• •
REQUEST FOR COMMENTS CITY OF TIOARD
Commvnity (Devcfi!pment
SrtapinBA (Betier Community
DATE lsnuary 20.1996 ~eCO JAN 2~ j~~~
T0: Adminlsu~atlre Oifice, Tt~slatin YalleY Water Dlstrict
FROM: Cnft ot f gard Plannin9 Diuislon STAfF CONTACT: lulla Powell Nalduic, Associate Planner
Phone: 150816594171 Fax: [50316847287
ZONE CNANGE ANNEXAi10N QCAI 98-0001
➢ FISHER/PASSMORE fONNER STREET QNNEIATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the Slte Plell, Ylclnity Map and Appticant'S Stetelltellt 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: [F111DAY - IANUARY 30.1998). You may use the space provided below or
attach a separate letter to return your comments. !f You 81'e u118b1e t0 reSp011d bY the ebOVC d8t8, 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 i'HE FOLLOWING ITEMS THAT APPIY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our offce.
Please refer to the enclosed letter.
. Written comments provided below:
n../-z- /N -,7?uJ1:2
,
~~&ase pravie the foaui?w inrmtion) Name of Person[sl Gommenting:
Phone Numberisl:
/ ZCA 98-0001 FISHERlPASSMOR£ FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
• •
REQUEST FOR COMMENTS CITY OF TIGARD
Community ~DeveCopment
RECENED PLANNINQ ShapingA ~Better Community
DATE: lanuari 20,1998
T0: Michael Miller, COT Water Depannent JAN 2 9 1998
CITY OF TIGARD
FROM: CiIV of Ti9ard Planning Diuision STAFF CONTACT: lulia Powell Halduk, Associate Planner
Phone: [50316594111 Fax: (50816847291
IONE CHAN6E ANNEI(ATION [ICAI 98-0001
➢ FISNER/PASSMORE FONNER STREET ANNEIIATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the Slte PI811, YiclniPi Map and ApplicanYS St8tC111Cl1t 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: (FRIDAY - IANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If YOU erC u118b18 t01'eSp011d bY the 8b0ue dete, 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:
~A x-L ~ ~~~"E~,))A A,9
, ~Please prrrvi~'e the folroiving infornuition) Name of Person[sl Commentlng:
Phone Number[sl:
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAL/REQUEST FOR COMMENTS
~
• •
From: :"Mike Mlller" <MIKE.COT>
To. .Julia Haiduk„ <JULIA.COT>
Date sent: Wed, 14 Jan 1998 09:00:01 +0000
Subject: Re: Annexations
Send reply to: mike@ci.tigard.or.us
Hi Julia!
All three lots are currently being served by the Water Department.
2S103BD02300 6-inch water main located within SW Carmen St.
2S103AC02101 6-inch water main located within SW Fonner St.
2S104AD03300 6-inch and 12-inch water mains located within SW
Walnut St. Currently the home located on this lot is served from the
6-inch water main. If the lot is to be developed, additional
domestic service would still be provided fronm the 6-inch water main,
however, fire protection would be provided from the 12-inch water
main.
I hope this is the information you are looking for. Thanks!
Julia Hajduk 1-- Wed, 14 Jan 1998 09:14:13
. ' • •
REQUEST FOR COMMENT~ CITY OF TIOARD
Community RE~E~VE~p4P~N\ ShpngA Be~erCo nmunity
DATE: lanuary 20,1998 ~AN ~ 6199a
T0: BNan Moore. Pordand 6eneral Elecaic GO oF
FROM: Citl of Tigard Planning Dluision STAFF CONTACT: lulia Powell Na1duK, Assoclate Planner 'Phone: [50316394111 fax: [50S1684-1291 ,
ZONE CHAN6E ANNEMAflON [ZCN 98-0001 !
➢ FISNER/PASSMORE FONNER STREET ANNEMATION Q I
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change ~
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the SitB Plell, Vicinipl Map and Applicant'S StetC111Cl1t 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: [FRIDAY - IANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If You are uneble t0 reSpond bY the 8b0u8 dete, 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:
ftlease pravide tke fazud,g infomation) Name of Person[s) Commentlng:
) -
Phone NumbeHsl: s~u
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~
~ . •
REQUEST FOR COMMENTS CITY OF TIOARD
Community ~DeveCopment
RECEIVED PLANNING SkapingA Better Community
DATE: lanuary 20,1998
T0: lohn Roy, COT Operatlons Depardnent Ll JAN 2 3 1998
CITY OF TIGARO
FROM: City ofEgard Planning Division STAFF CONTACT: lulia Powell Halduk. Assoclate Planner
Pdone: 15081639-4111 Fax: (50316847291
ZONE CHAN6E ANNEMAflON QCA) 98-0001
➢ FISHER/PASSMORE FONNER STREET AHNEIIATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the Site PI811, MCI11i1y Mep e11d AppliCellYS StetCRIC11t 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: (FRIDAY - IANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If Y00 81'e u118b1e t0 I'eSp011d bY the ebOYe dete, 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.
PLEAS -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:
(ease pmvide tke foa'owing infornration) Name of Person[sl Commenting:
Phone NumbeHsl:
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
/
, ~ . •
REQUEST FOR COMMEHTS CITY OF TIGARD
CommuniCy ~DeveCopment
ShapingA Bettes Community
DATE: lanuarY 20,1998
T0: lim Wolf, COT Police Depardnent
FROM: Cia1 of Tigard Planning Dluision STAFF CONTACT: lulla Powell HolduK, Assoclate Planner
Phone: [5031659-4171 fax: (50816841291
ZONE CNAN6E ANNEKAflON QCAI 98-0001
➢ FISHER/PASSMORE FONNER STREET ANNEIIATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the Site P1811, ViCilliql Mep elld AppIICeIIYS SIetC111Cl1t 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: (FRIDAY - IANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If You el'e u118b1e t01'eSqOlld bY the 8b0ue dete, 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 CNECK TNE 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.
7" Written comments provided below:
.
1`n Q~~at~ ~o oda►~~ c~~s'~e~'~ ed M*Aaew, iMC96, ad~ac~►'~
vd~ie5 G64& bc, 61i~eAcI& 09k-\on -\b Gnv4* 0,5 WeA1-
(Please pmvide tkefocniving infomation) Name of Person(s) Commenting: V\lo\
Phone Number[sl: 1031 •b~Lg 2Z
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
/
~ • •
REQUEST FOR COMMENTS CITY OF TIOARD
Community ~DevcCopment
S(tapingA Better Community
DATE: lanuaN 20. 1998
T0: BMan Ra9er, COT En9lneeiin9 Deparunent
FROM: City of Tigard Planning Dluision STAFF CONTACT: lulia Powell Halduk, Assoclate Planner
Phone: [5031639-4111 Fax: t50S16841291
IONE CHAN6E ANNIXATION [lCAI 98-0001
➢ FISHER/PASSMORE FONNER STREET AHNEIlATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the Site Plell, Victniiy Map and Appllcant'S StetC111Cl1t 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: [FRIDAY - IANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If You el'e u118b1e t01'eSp011d bY t118 eb0ue dete, 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 CNECK TNE FOLLOWING ITEMS TNAT 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 pmvi~fe the fo&ntdng infomacion) Name of Person(s) Commentlng: Z d
Phone NumbeNsl:
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~
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~ DATE ~r .16 19 1$_ NO. ~
:tr~ ` RECEIVED FROM C...• le v a~ 't' l.ac.cc~
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AMT. PAID ~ CHECK ~ ~
BALANCE MONEY ` ~ -
~ OUE ~ OROER ~ BY
CITY OF TIOARD
, Community (DeveCopment
Sha itrgABetter'Commuiii
iEEi[;iiii:iiii;ii;:?;EEEE:EE:;EE;EEE::i:i:ii:Ei:Eii:E:i:: i::ii:i:::i:::::i: ~ i::::::i:::i: y■~
''!>EEj'~>:;~~~ >:.>>::?>:.::'~'iii:E:i::i:EEEE:EiE:i::>E'EEEE:E`E`?:E'E:?:ii:::;:::E::i>~::`?;#EEEEEE?EE::E:;::;:`4EEEEE
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120 DAYS= N/A
FILE NO(S): IONE CNANGE AHNEIlATION (ZCA) 98-0001
FILE TITLE: FISNER/PASSMORE FONNER STREET ANHEIIATION
APPLICANT: Fred Passmore OWNER: Fisher Properties Trust
7501 SW 195th Place PO Box 11370
Aloha, OR 97007 Portland OR 97211
(503) 642-1591 (503) 460-9863
REQUEST: The applicant is requesting to annex .42 acres of residential property into the City
of Tigard and change the zoning from County R-5 to City of Tigard R-4.5.
LOCATION: 11370 SW Fonner Street; WCTM 2S103AC, Tax Lot 02101.
.
ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.136. ~
CIT AREA: Central CIT FACILITATOR: List Available Upon Request
DECISION MAKING BODY: DATE COMMENTS DUE: FI'idBY lanuary 30,1998
STAFF DECISION DATE OF DECISION:
HEARINGS OFFICER DATE OF HEARING: TIME: 1:00 PM
PLANNING COMMISSION DATE OF HEARING: TIME: 1:30 PM
M CITY COUNCIL DATE OF HEARING: 2/24/98 TIME: 130 PM
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP )I LANDSCAPE PLAN NARRATIVE SITE PLAN K TREE PLAN
ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER
STAFF CONTACT: Julia Powell Hajduk, Associate Planner (503) 639-4171 Ext. 407
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
41CICIA, 2-cA 99-ooos I
~
/ ~ 3 ~ 0 j~
INFORMATION SHEET
i
Property To Be Added,To The Annexation
Land Area: Acres 153 or Square Miles
Existing Land Use:
Number of single-famiiy units ~ Number of multi-tamily units
Number commercial structuresC)_ Number industrial structures
Public faciiities or other uses
What is the current use the land oroQOSed to be added to the annexation:
i otal current year Assessed Valuation $ 2-731550. 00
Total existing population vQe4
If the property to added to the annexation is entirely or substantially undeveloped,
wnat are the plans for future deveiopment? Be soecific. Describe type (residential,
' industrial, commercial, etc.), density, etc.
r~,~ a-oPP_r~~ [~w►'~er i n+er o~~ '~o S v~ a r qF~l~~+ca"~'► Dr~
For a fwe~ve C~~) /Qf svbd~~;5~0~ Cs;~c~le E'Gr-.~~,, re3;o6.4,aJ)
, as s~o~ cas l~os5 ~.b
PLEASE PROVIDE A COPY OF THE LEGAL DESCRIPTION FOR PROPERTY TO BE ANNEXED
~
i
8535 SW Canyon Lane #402 Portland, OR 97225 •
PHONE: (503) 291-9398 FAX: (503) 291-1613
CIVIL ENGINEERING - SUBDIVISION PLANNING & DESIGN - LAND SURVEYING - CONSTRUCTION SURVEYING
EXHIBIT "A"
LEGAL DESCRIPTION
Beginning at a point in the center of County Road No. 495 which point bears South 0° 53' West
2216.8 feet and North 8%° 46' East 491 feet from the one-quarter corner on the North line of
Section 3. Towr►ship 2 South, Range 1 West of Willamette Meridian, in the County, of
Washingtbn anc Sta:e :.f Or:gon, and which point of beginning bears North 0° 53' East 462 feet
and North 87° 46' East 491 feet from an iron pipe at the recognized center of said Section 3;
thence from said point of beginning North 87° 46' East in the center of County Road No. 495 a
distance of 179.5 feet to a point; tl:ence South 0° 53' West 492 feet to a point on the South line
of that ce.rtain 12.17 zcre tract of land described on Page 627 of Volume 85 Deed Records of
Washington Ccunty, Oregon; then_ce North 89° 53' West along said South line 353.50 feet, more
or less, to a peint; thence North 0° 53' East 228.1 feet; thence North 87° 46' East, 174.1 feet;
.lience 'orth 0° 53' Ezst 25?.86 feet, more or less, to the point of beginning.
Excepting therefrom that portion thereof lying within the right-of-way of County Road No. 495
' (SW Fonner Street).
. ~
PMALGBC FO&V 4116
CERTIFICf1170N OF PROPERTY OWiVERSHIP - (Douole Majoriry Method)
I hereby certify that the attached petition for annexarion of the territory described the: ein to the City
of r5~o.-(::) contains the names of the owners" oi a majority oi the land area oi rhe
tenitory to be annexed, s shown on the last availaole complete assessment roll.
ri= 5 e-Pj 10 !z C-A k -(Z) & /2A PN
D~Axx~r_vr ~ T~ ~CA-~ o
COLTNTY OF A 54-1 rr..1G ioPJ
DA r 1-7-G -q J- ~ -
' "Owner" means the owmer oi the :itle to real orooeny or the contract purcaaser of real
property.
PJIriLGBC FORtit -mu 17
CERTIFIC.41T70N OF R-EGISTERED yCTERS
I hereby ce-rify tnat th-- 3TI3C:1ed DeIItiOA IOf 3nIlzXarion oi te.^itory desc:ibed 'ne: .-in to th.- C:ty oi
_ T'~o,►'o~ contains ~tie nar.:es of at !es► 3 rr:2ion:v oi lize
electors re'vise:ed in the territory to be annexed.
N:A :~iE '
Cynthia Ke ne
iITLE S . Administrative Specialist
DEP~RT-%- f EVZ Assessment & Taxation - Election Division
COLN-IY 0F Washington
DA iL January 26, 1998
--?3--
Revised 11193
• • i
P:VfAL GBC FORV 94
CCRTIFIUTION OF LEGAL DESCRIPTION AjVD XiriP
I nereoy certi "ry tfzat the descriprion oi the groperry included within the attached peririon (located on
Assessor's Nfap 2S ~ 3AG ~
has been checked hy me and it is a true and exac; descriorion of che properry under conside:ation,
and the descriprion corresponas to the attacaed mao indicsting the prope*ry under considerasien.
-4i AtifE k~,AU F F rnAI~.S
TITLE ~S~7vf02 e.4Q 7-0 GRA Pr16fk
DEPA.RTVIE.N-I' ASSE-S5&NE~ 7A)CAT70/J .
COL-NTY OF (~A5 N IN6,7-OA,J
DATL
i 9
Revised lli°3
• . .
P:1IAZGBC FORtit r"P19 (This form is iVOT the petirion)
.-4LL OcWE'RS OF PROPERT"I ANDiQR R,EGISTFRF'D yOTERS l.VCLUDED I.v BOIIlVDARY
Cc£-bVGE ?ROPOSAL ARE4 (To be completed LF the proposal contains 10 or fewer land ownecstre-istered voters.
?Iease indicace che name and address oi ail ownarsivocers re;udiess oi wnecher they
signed an annexaaon peation or noc) Tnis is for noaftcation purposes.
NAIIYCE OF OWti'ERNOTrR ADDR-c SS PROPERTY DESIGNATIOiN
(Indicate ta.Y lot, secrion number,
Township and Ran;e)
(1) 9155 SW o[ 1 9-7-.?23
5R Cors+,-k,, c., L L
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~
. . . , , . . .
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~ 8535 SW Canyon`Lane #402 Portland, OR 97225 '
~ .
PHONE: (503) 291-9398 FAX: (503) 291-1613
CIVIL ENGINEERING - SUBDIVISION PLANNING & DESIGN - LAND SURVEYING - CONSTRUCTION SURVEI'ING
EXHIBIT "A"
LEGAL DESCRIPTION
Beginning at a point in the center of County Road No. 495 which point bears South 0° 53' West
2216.8 feet and North 8%° 46' East 491 feet from the one-quarter corner on the North line of
Section 3. Towriship 2 South, Range 1 West of Willamette Meridian, in the County of
Washingcon anc State 61' Oregon, and which point of beginning bears North 0° 53' East 462 feet
and North 87° 46' East 491 feet from an iron pipe at the recognized center of said Section 3;
thence from said point of beginning North 87° 46' East in the center of County Road No. 495 a
distance of 179.5 feet to a point; tl:ence South 0° 53' West 492 feet to a point on the South line
of that certain 12.17 z,crz tract of land described on Page 627 of Volume 85 Deed Records of
Washington Cc•unty, Oregon; thence North 89° 53' West along said South line 353.50 feet, more
or less, to a point; thence North 0° 53' East 228.1 feet; thence North 87° 46' East, 174.1 feet;
tlience North 0° S3' Ezst 25 ?.86 feet, more or less, to the point of beginning.
Excepting thereffrom that portion thereof lying within the right-of-way of County Road No. 495
(SW Fonner Street).
. # ~
ZONE CHANGE ANNEXATION
APPLlCATION • CITY OF t1GARD 13125 SW Hall 81vd., 7igard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297
PRE-APP. HELD WITH: J
DATE OF PRE-APP.:
GENERAL INFORMATION
Property Address/Location(s): FOR STQFF USE ONLY
113-70 StiJ f;rWJ)E-a DK Case No.(s):
Tax Map & Tax Lot #(s): Othec Case:
_ . . . : : . :
I O ( ~,Receipt No::'<;:::~~~~..;,. . Site Size: da 4 0~ J~-CIn~-FS : APPlication.
; : . . . . . .
. .
T .J. :
Property Owner/Deed Halder(s)•: RuS~ ;:Date::
rtL2 ~Q.130C~n~ 1 . . . . .
Address: 1" • ~ 1'c7D~C ~ u Phone: a --q&63
n Oate Determined::To: Be-.Complete: : .
ciry: z►p: q 7 21 I . . : . . . . . . .
Appiicant': PL2'L7 ~~~/Lp02~ ' Comp PlanlZone Designation:
Address: t a S~~ L- Phone:
T
City: Zip: y7OD7 .CtTArea:~
' When the owner and the appiicant are different people, the applicant
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 '
REQUIRED SUBMITTAL ELEMENTS ;
provided on the back of this fonr or submit a written authorization with
this apptication. ~
Applicadon Elements Submitted: i
PROPOSAL.SUMMARY ;
. Application Form
i he owners af record of the sub'ect prope~ request a Zone Chan9e Completed Boundary Commission forms ~
~
Annexation from Washington County RS to Tigard for "Double Majority" Annexation
(if applicable) and a Zone Change from \P/ashington ,~0~ Owners SignaturelWritten Authorization i
Counry to Tigard ~ Title Transfer Instrument oc Deed ~
Site/Plot Pfan ~
~j'/J/IG>t ^ ya. 40'eS O l- ot CoPies based on pre-app check list) I
(provide any adddional infortn tion here) Site/Plot Plan (reduced S';:"x 11 l
ci~ ApplicanYs Statement ~
~ of rapies based on pre-app check tist) i
~ I
i \,y f}-
1
APPLICANTS:
To cortsider an application complete, you wi11 need to submit ALL of the gEaU1RED SUBMITTAL ELEMENTS as
described on the frcnt of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Infortnation sheets can be obtained, upon request for all rypes af Land Use Applications.)
~
THE APPLlCANT(S) SHALL CERTIFY THAT:
• The above reauest does not violate anys(epd rest*ir_tinna that may be attachpd +o or ir*+ggcpd uDOt1 the SubieCt
D14.jt@ft.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the condfions and limitatians of the approval.
• All of the above statements and the statements in the plot plar►, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this app4ipaon, 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 gich owner of the subject property. •
'
I ~
DATED this day of 19 I7
I i
~ Own Ces Signature Owner's Signature
Owner's Sionature Owner's Signature
> 2
~
PMALGBC FOR1tiI #6 ~~e 9da/ on
BOUNDARY CHAN \ GE DATA SHEET
1. EXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN
A. Land Area: Acres 0.42- A-C/ZC-~ or Square Miles
B. General description of territory. (Include topographic features such as slopes,
vegetation, drainage basiris, floodplain areas, which are pertinent to this proposal).
LeTe-t- v frc 1l/ d-n-r M D1992Tmv*~ R_e~q~es' .
C. Describe land uses on surrounding parcels. Use tax lots as reference points.
No rth: rvTs-c. E FAm l L`1
East: LfJl- ~ 100 S r w~-~C ~a"< < L~/
South:
West: 00
D. Exisring Land Use: '
Number of single-family units ~ Number of multi-family units ~
Number commercial structures ~ Number industrial structures ~
Public facilities or other uses /
)C~H " I L
What is the current use the land proposed to be annexed: ~//~l~-
E. Total current year Assessed Valuation S )o s1 100
F. Total existing population ~
11
Revised 11/93
_ ~ . • ~
H. REASON FOR BOUNDARY CHANGE
. ,
A. ORS 199.462 of the Boundary Commission Act states: "In order to carry out the
purposes described in ORS 199.410 when reviewing a boundary change..., a boundary
. commission shall_ consider local comprehensive planning for the area, economic,
demographic, sociological_projections pertinent to the proposal, past and prospecrive
physical developments of land that would directly or indirectly be affected by the
proposed boundary change..." Considering these points, please provide the reasons the
proposed boundary change should be made. Please be very specific. Use additional
. pages if necessary. (This informarion is often quoted in the Staff Report, so be
th rough and complete.) ~`G2V c aeo ~ y GCC`l~ !g~ ~l D ~ ~A-2Ti"rl [9~J~
I
LoT a 10
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.
IIZ L.4ND USE AND PLANNING
A. Is the subject territory to be developed at this rime?
y~s B. Generally describe the anticipated development (building types, facilities, number of
units).
6 rT ~ 15i11,-~ .1~.. vf1Fi.. L t N'6- /+-iJ l7 D-tv~
erpL7m 0 Nf-i. S/ iQ-6--t~ Rlrm ( L`t 6ut L.D L D-' .
C. Is the subject territory inside or outside of the Vfetro Regional Urban Growth
Boundary? 1/v S f
12
Revised 11/93
. i ~
D. What is the applicable County Plan 'n Desi arion? R' S
, or Ciry Planning Designation ~ ~ - Does the proposed development comply with applicable regional, county or city
comprehensive plans? Please describe.
-P-Cc:cxxt D irsC- Tz) G iT`1
~n✓lI;h
E. What is the zoning on the territory to be served?
F. Can the proposed development be accomplished under current county zoning?
o Yes )sd' No
If No,---has a zone change been sought from the county either formally or informally.
o Yes *O`No
Piease describe outcome of zone change request if answer to previous quesrions was
Yes. ~nC ,70h~' on
- v /zl~lc
l
67
G. Is the proposed development compatible with the city's comprehensive land use plan for
the area?
)~/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)
o City Planning Commission ~ City Planning Staff
o Ciry Council o City Manager
Please describe the reaction to the proposed development from the persons or agencies
indicated above.
o M~,~ 1"I 1 hr c~(1- I~R~TI'1'1 f~ ln! I"71-~ RM~
U 6 ~~tt~j I/u
o~
13
Revised 11 /93
. • ' • •
H. Please indicate all permits and/or approvals from a City, Counry, or Regional
, Govemment which wiil be needed for the proposed development. If already granted,
please indicate date of approval and identifying number:
APPROVAL PROJECT DATE OF FUTURE
FILE # APPROVAL REQUIRENIENT ~
Metro UGB Amendment /
City or County Plan Amendment ~ I
Pre-Applicarion Hearing (Ciry or County) es qs 0 /1e J ci 441- P
Preliminary Subdivision Approval
Final Plat Approval
i
Land Partition zp II
Conditional Use
Variance /
Sub-Surface Sewage Disposal i I
Building Permit
i
Please submit copies of proceedings relating to any of the above permits or approvals
which are pertinent to the annexarion.
I. If a city and/or county-sancrioned citizens' group exists in the area of the annexation,
please list its name and address of a contact person.
~ C P O
v
IY. SERPICES AND UTILITIES
A. Please indicate the following:
1. Location and size of nearest water line which can serve the subject area.
`InlAIN--& U10c -_-a~~n. ~ST. &z-1 0
14--
Revised 11/93
. . • •
2. Location and size of nearest sewer line which can serve the subject area.
C~~~( O~F- Li N-u- _
3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area
U-'l -C~) tIT~'
4. The time at which services can be reasonably provided by the city or district.
N0w .
5. The estimated cost of extending such facilities ancUor services and what is to be
the method of financing. (Attach any supporting documents.)
6. Availability of the desired service from any other unit of local govemment.
(Please indicate the government.)
N/A
15
Revised 11/93
' ~ • .
B. If the territory described in the proposal is presently included within the boundazies of
any of the following types of governmental units, please so indicate by stating the name
or names of the governmental units involved.
City Rural Fire Dist
I • .
County Service Dist. Sanitary District __n(JR-fLD
Hwy. Lighring Dist. Water District Tl C"P"{L0
Grade School Dist. Drainage District
High School Dist. Diking District
Library Dist. Pack & Rec. Dist.
Special Road Dist. Other Dist. Supplying Water Service
C. If any of the above units are presently secvicing the territory (for instance, are residents
, in the territory hooked up to a public sewer or water system), please so describe.
I
APPLICANT'S NAME )~eEq>
MAILING ADDRESS
r 4 700 " .
TELEPHONE NUMBER (Work)
3S) - 904 (Res.)
REPRESENTING _ L - -{CL Stf~'~?
D 4TE:
16
Revised 11/93
Jdn h' 9S 1 0: nr'i F. 13
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- - Property Data Selection Menu - -
Prop ID : R470555 (Real Eote) Owner: FISHER, THOMAS ~
Map Tax Lot: 2S13AC-02101 (319288) PO BOX 11370
Legal . ACRES .42 PORTLAND, OR 97211
Situs : 11370 SW FONNER Year Built : 1958
Living Area: 994
Code Area : 023.78
Sale Date : 07/07/97
Sale Price: 110,000 1997 Roll Values
Deed Type : DW Improvements $ 53,760
Instrument: 97063273 Land $ 55,320
1997 Tax Status Appraised $ 109,080
Current Levied Taxes : 1,006.69 Exemptions $ 0(-)
Special Assessments . Taxable RMV $ 109,080
* Unpaid Taxes M50 Assessed $ 78,890
(1) Alt Disp ~(2) Primary ~(3) Secondary ~(4) Land/Impr
(5) Gen Appr ~(6) Ownership ~(7) History More
Enter Option from Above or <RET> to Exit: _
«Daren's Report 1/6/98 1:30:36 PM »
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~ •
,
CITY OF TIOARD
Cammunity Development
• SkapingA BetterCommunity
CITY OF TIGARD
Waskirgton County, Oregon
NOTICE OF FIHAL ORDER c* BYTHETIGARD CITY COUNCIL
Case Number(s): ZONE CHANGE ANNEIIATION QCN 98-0001
case tvame(s): FISHER/PASSMORE FONNER STREET ANNEI(ATION
Name of Owner: Fisher Properties Trust, SR Tumer Construction and Carol Williams
Name of Applicant: Fred Passmore
Address of Applicant: 7501 SW 195th Place Citv: Aloha State: Oreqon Ziq: 97007
Address of Property: 11370 SW Fonner Street Citv: Tigard State: Oregon Zip: 97223
11300 SW Fonner Street Citv: Tiqard State: Oreqon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S103AC, Tax Lot 02101; and 2S103AC, Tax Lot 02000.
Re uest: ➢ The property owners are requesting to annex 3.25 acres of residential property into the
City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5.
Location: 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 02101; and
11300 SW Fonner Street, WCTM 2S103AC, Tax Lot 02000.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Zone: Upon Annexation, the zoning designation of Washington County R-5 will be changed to
City of Tigard Low Density Residential, R-4.5.
Action: ➢ ❑ Approval as Requested ❑ Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
9 Owners of Record within the Required Distance 19 Affected Governmental Agencies
0 The Affected Citizen Involvement Team Facilitator 19 The Applicant and Owner(s)
Final Decision:%
O/'di/1CtRCe
THE DECISION WAS SIGNED ON QIdt , 1998 AND BECOMES EFFECTIVE ON 3~~ , 19g8.
The adopted findings of fact, decision and statement of conditions can be obtained from the
City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land
Use Board of Appeals (LUBA) according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171.
ZCA 98-0001 FISHER/PASSMOFiE FONNER ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL
~ •
OrY OF TIGARD, OREGON I
~ .
ORDINANCE NO. 98- 07'
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEXATION) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation
for two (2) parcels of land located south of SW Fonner Street, across from SW 113th Place; and
WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed
annexation to the Portland Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by Planning Staff, as set foRh 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 of Tigazd's existing comprehensive plan designation of Low Density
Residential; R-4.5.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Maps✓Lot Numbers
2S 103AC, Tax Lot 02000
2S 103AC, Tax Lot 02101
Current Comprehensive Plan Designation New Comprehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zoning 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 UnQA'tl►'VlOuS vote of all Council members present after being read by number and title
only, this a?t./'6f^ day of ~ - , 1998.
.,C.v
Catherine Wheatley, City Recorder
APPROVED: By Tigazd City Council thio-qk_ da f✓ ; 1998.
s icoli, ayor
Ap roved as to form:
~
Ci Attorney '
Date
ORDINANCE No. 98- iAcitywidebndlzca98-01.ord
Page 1 of 1 lulia P H I!-Feb-98 1:53 PM
• •
CITY OF TIGARD, OREGON
RESOLUTION NO. 98- 13
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE
~ CHANGE ANNEXATION (ZCA) 98-0001 - FISHER/PASSMORE FONNER STREET
ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT
A" AND FURTHER ILLUSTRATED IN THE ATTACHED "EXHIBIT B".
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation
of two (2) parcels of land consisting of a total of 3.25 acres located south of SW Fonner Street, across from
SW 113th Place; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission
Law ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed
and written consent from owners of more than half of the land in the territory proposed to be annexed; and
WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced
Sheriffs Pa[rol 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 and immediately withdrawn from those districts upon completion of the
annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
SECTION 1: The Tigazd City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates
proceedings for annexation into the City of Tigard, the territory described in the '
attached "Exhibit A" and further illustrated in "Exhibit B".
SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the
" Portland Metropolitan Area Local Government Boundary Commission at once.
PASSED: This day of , 1998.
/Cl~
y r- City of Tigard
ATTEST:
~
City Recorder - City of Tigard
a/
Date
RESOLUTION N0. 98-
i:kirywide\res\zca98-01.res
Page l of 1 Julia P H 10-Feb-98 1:35 PM
• • ~ EX,-E1!BIT A
ANNEXATION DESCRIPTION
Eeginning at a point in the center of County Road No. 495 which point bears S 0' 53' W
~ a distance of 462 feet and N 87° 46' E a distance of 491 feet from the iron pipe set at the
accepted center of Section 3; thence S 00° 53' W a distance of 20.03 feet to the south
right-of-way of said County Road and the True point of Beginning; thence N 87° 46' E
a distance of 179.5 feet; thence S 00° 53' W a distance of 493.00 feet; thence N89°
53' W a distance of 353.5 feet more of less; thence N 00° 53' E a distance of 455.07 to
the south right-of-way of County road 495; thence N 87° 47' E a distance of 80.11 feet;
thence S 00° 53' W a distance of 250.13 feet; thence S 89° 53' E a distance of 94.00
feet; thence N 00° 53' E a distance of 233.83 feet the true point of beginning.
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INDICATES OUTSIDE OF THE CITY LIMITS
INDICA7ES AREA WITHIN THE C1TY LIMiTS MO[S] 8 CASF MUM
1NDICATES AREA T4. 8E ANNEXED `
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SITI PLAN tCA 98-0001
FISHER/PASSMORE
. FONNER STREET ANtID1AnOM y
EHIBiT MAP N
ouraNrrnsriwo
ZCA 98-0001
FISHER/PASSMORE FONNER STREET Fred Passmore
ANNEXATION 7501 SW 195th Place
Aloha, OR 97007
Fisher Properties Trust SR TURNER CONSTRUCTION
P.O. Bax 11370 8835 SW CANYON LANE, #408
Portland, OR 97211 PORTLAND OR 97225
CAROL WILLIAMS
9155 SW RAMBLER LANE
PORTLAND OR 97223
I
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington )
City of Tigard )
I, ~ t S 5► C ~i. ~ ~+'Yl-GZ , hereby certify:
Please Print
That I am a__~~YVt~ for the City of Tigard, Oregon.
That I served notice of the Tigard City Council Nf7~1 CG of F/ h G~ ~
~-d z.o ylt Cka,n tio Cz C43Ci9-CD01
' T-_'i s ht,+- / Pa ssm 0rr-
of which the attached is a copy (Marked Exhibit A) upon each of the following named
~
persons on the p day of rnQ r~ 19 9 k, by mailing to each of
them at the address shown on the attached list (Marked Exhibit B), said notice is hereto
attached, and deposited in the United States Mail on the day of (YIQ.
191 -6 . postage prepaid.
- ~
repared Notice
Subscribed and sworn to before me this ~ day of - MCl4G(it , 19 e?g.
OFFICIAL SEAL
CATHERINE WHEATLEY o -r v~-
NOTARY PUBLIC-OREGON Notary Public of Oregon
COMMISSION N0. 042176 ~51 /D
M Commission Ex
MY COMMISSION EXPIRES MAY 10, 1999 y PIre$:
.
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'
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 NOtiCe TT 9 0 3 4
BEAVERTON, OREGON 97075
Legal Notice Advertising
, ~City of Tigard • 0 Tearsheet Notice
13125 SW Hall Blvd.
~Tigard,Oregon 97223 ~ ❑ Duplicate Affidavit
'Accounts Payable ~
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )sS'
1, Kathy Snyder
being first duly sworn, depose and say that I am the Advertisin
Director, or his principal clerk, of theTigard-Tualatin Times
, a newspaper of general circulation as defined in ORS 193.010
~ and 193.020; published at Tigard in the
~ aforesaid county and state; that the
2nne ChangP-Fisher Passmore Fonner St.
-
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
Februar 12,1998
OFFICIAL SEAI
JACCUEUNE ARELLANO
NOTARY PUBLIC-OAECON
- COMMISSION N0. 301011
. n 1
'f I MY COMMISSION EXPIRES .IUVE 9. 2001
. /2
t
Subscribed and swo to b ore me this 1 2t-h day of February, 1998
~
,
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT -
r
i • ~ ~
. ~ ~
The following will be considered by the Tigacd City Council on Tues- '
day, February 24,1998, at 7:30 P.M., at the'Tigard Civic Center - Town
Hall Room, 13125 SW Haii- Bivd., Tigard, Oregon 97223. 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 any rules and procedures adopted by the
Tigard City Council, or rules of procedure set forth in Chapter 18.30.
Failure to raise an issue in person or by letter at some point prior to the
close of the hearing on the request accompanied by statements or evidence
sufficient to allow the Hearings Authority and ali the parties to respond on
the request, preciudes an appeal to the Land Use Board of Appeals based
on that issue, and failure to specify the criterion from the Community ,
Development-Code or Comprehensive Plan at which a comment is
directed precludes an appeal based on that criterion. Further information is '
available at City Hall and may be obtained from the Community Develop-
' ment Director or City Recorder at the same location, or by calling (503)
639-4171. ' PUBLIC HEARING: ~ ZONE CHANGE ANNEXATION (ZCA) 98-0001 j > FISHER/PASSMORE FONNER STREET ANNEXATION <
~ . REQUEST: The property owners are requesting to annex 3.25 acres of
residential property inro the City of Tigard and change the zoning from
County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner
Street; WCTM 2S103AC, Tax Lot 02101; and 11300 SW Fonner Street,
' WCTM 2S 103AC, Tax Lot 02000. ZONE: T'he proposed zone change is
to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW
~ CRITERIA: Community Development Code Chapter 18.136. ;
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TT9034 - Publish February 12, 1998. . ; ,
, ~ •
CITY OF TIOARD
Community Development
Shaping ai Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY,
FEBRUARY 24, 1998 AT 7:30 P.M. IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125
SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO: ZONE CHANGE AHHEI(ATION (ZCA) 98-0001
FILE TITLE: FISHER/PASSMORE FONNER STREET ANNEIlATION
APPLICANT: Fred Passmore OWNER: Fisher Properties Trust
7501 SW 195th Place P.O. Box 11370
Aloha, OR 97007 Portland OR 97211
OWNER: Carol Williams OWNER: SR Tumer Const., L.L.C.
9155 SW Rambler Lane 8835 SW Canyon Lane
Portland, OR 97223 Suite #408
Portland, OR 97225
REQUEST ➢ The property owners are requesting to annex 3.25 acres of residential property
into the City of Tigard and change the zoning from County R-5 to City of Tigard
R-4.5.
LOCATION: 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 02101; and
11300 SW Fonner Street, WCTM 2S103AC, Tax Lot 02000.
APPLICABLE
REVIEW
CRITERIA: The proposed zone change is to City of Tigard R-4.5 from County R-5.
ZONE: Community Development Code Chapter 18.136.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY
PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL
I ZCA 98•0001 FISHEFi/PASSMORE FONNER ST. ANNEXATION NOTICE OF 2/24/98 CITY COUNCIL PUBLIC HEARING
MAY CONTINUE THE PUBLIC HEA G TO ANOTHER MEETING TO OBT ADDITIONAL INFORMATION, OR
CLOSE THE PUBLIC HEARING AND ACTION ON THE APPLICATION. o
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER FEBRUARY 3, 1998, 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. APPROVAL OR DISAPPROVAL
OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY.
AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO
THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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 (25C) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) 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 (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER lulla Powell Nelduk
AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION NOTICE OF 2/24/98 CITY COUNCIL PUBLIC HEARING
-zc4 q8'-oooj S5aU0kC-7 FONLST /9nlN5xA-n0N ~ i)Gi. i pP 3)
. ~
2S103AC-00600 2S 1 03AC-00900
EMME LARRY M PARISH FRED C& LORETA ARANT TR
11221 SW FONNER ST 11385 SW FONNER ST
TIGARb, OR 97223 TIGARD, OR 97223
2S103AC-01000 2S103AC-01100
GRECO LEONARD R DURNIN BRYAN P AND JULIE A M
8151 SIMMS SL 11465 SW FONNER ST
ARVADA, CO 80005 TIGARD, OR 97223
2S103AC-01200 2S103AC-01300
PARISH FRED C& LO ARANT TR OAK RICKY J& BARBARA T
11385 SW F ST 11245 SW FONNER ST
T , OR 97223 TIGARD, OR 97223
2S103AC-01400 2S103AC-01401
HOBBS RONALD E AND JUNE E FLEMING DAVID L
7205 SW VENTURA DR 11227 SW FONNER
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-01501 2S103AC-01502
VOORHEESJOH VOORHEESJOHNJ
11145 S NER RD 11145 SW FONNER
RD, OR 97223 TIGARD, OR 97223
2S103AC-01503 2S103AC-01504
DAVIS ROBERT J ERICKSON GEORGE W JR
11195 SW FONNER 11175 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
' 2S103AC-01700 2S103AC-01701
FESSLER JON L AND JUDITH L MORTENSEN COLIN N
11180 SW FONNER 11160 SW FONNER
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-01800 2S103AC-01900
METCALF JESSE C& RUTH G RISSMILLER RONALD W AND
148 E CARMEL GREEN 11230 SW FONNER
PORT HUENEME, CA 93041 TIGARD, OR 97223
2S103AC-02000 2S103AC-02101
HODGES VIRGINIA A FISHER THOMAS L
11300 SW FONNER RD PO BOX 11370
TIGARD, OR 97223 PORTLAND, OR 97211
2S103AC-02200 2S103AC-02300
HOLMES ROBERT W QUIMBY ELEANOR N& EARL H
11400 SW FONNER 11480 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
2S 1 03AC-02400 2S103AC-02600
FILLER DAVID E MARY LYNN BECK JAY W AND NORA C
11500 SW FONNER 11550 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-05000 2S103AC-05100
MYERS RANDALL C& MELISSA K DAHLEN MARK S&
6655 SW HAMPTON #100 12775 SW 113TH PL
PORTLAND, OR 97223 TIGARD, OR 97223
2S 1 03AC-05200 2S103AC-05300
MYERS RANDALL C& ~K FEYDER JOSEPH A& TRACY L
6655 SW N#100 PO BOX 540 SE 119TH
LAND, OR 97223 PORTLAND, OR 97216
2S103AC-06100 2S103AC-06200
CALHOUN CYNTHIA L PASSMORE SUSAN
11340 SW FONNER 7501 SW 195TH PL
TIGARD, OR 97223 ALOHA, OR 97007
2S103DB-00100 2S103D6-07900
SHULTS MITCHELL T/CARLA P COUTURE JOEL W AND
2074 LAURELEI AVE 11270 SW MORGEN CT
SAN JOSE, CA 95128 TIGARD, OR 97223
2S103DB-08000 2S103DB-08100
METZ MERRITT TERRY AND BOWLSBY BEVERLY J& ROBERT A
11230 SW MORGEN CT 11200 SW MORGEN CT
TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-08600 2S103DB-08700
SIGWORTH DWIGHT L AND MCKERNAN THOMAS J AND RUBY
11185 SW MORGEN COURT 11205 MORGEN COURT
, TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-08800 2S103DB-08900
LAMBIASO WILLIAM J AND DARLENE SATTLER BARBARA J
11225 SW MORGEN CT 11245 SW MORGAN CT
TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-09000 2S103DB-09100
JOHNSEN ROGER C& MAILI H SAKASH PHILLIP M& SONYA M
11265 SW MORGEN CT 11285 SW MORGEN CT
TIGARD, OR 97223 TIGARD, OR 97223
2S103D6-09200 2S103DB-09300
MAHAR STEPHEN J& TIMEA CLARKE JOHN G& KARYN S
11390 SW ERSTE PL 11380 SW ERSTE PL
TIGARD, OR 97224 TIGARD, OR 97223
2S103DB-09400 2S103DB-09500
ABEYTA THOMAS J AND DEBORAH L HONEYCUTT EDWIN E JR & ETHEL L
11370,SW ERSTE DR 11375 SW ERSTE PL
TIGARD, OR 97223 TIGARD, OR 97223
2S 103D B-09600 2S 103D6-09700
CULBERTSON JON C SCHOPPE PAUL & KATHRYN J
11385 SW ERSTE PL 11395 SW ERSTE PL
TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-09800 2S103D6-09900
BRUMMETT RODNEY L& REBECCA S FRANK LARRY AND ANGELA
11490 SW SONNE PL 11480 SW SONNE PLACE
TIGARD, OR 97223 TIGARD, OR 97223
2S103DB-10000
YORK LAURENCE A& LAURA J CAROL WILLIAMS
11470 SW SONNE PL 9155 SW RAMBLER LANE
TIGARD, OR 97223 PORTLAND OR 97223
SR TURNER CONSTRUCTION, L.L.C. FISHER PROPERTIES TRUST
8835 SW CANYON LANE, #408 PO BOX 11370
PORTLAND OR 97225 PORTLAND OR 97211
FRED PASSMORE
7501 SW 195TH PLACE
ALOHA OR 97007
~
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AFFIDAVIT OF MAILIHG CITYOFTIOARD
Community Development
Shaping?1 BetterCommunity
SM?E OFOREGOaC ) I
County of 4Nashington J ss. 'City of ?igard
I, Susan 9bf. Weder, being first duly sworn/affirm, on oath depose and say that I am an Arfministrative speciaC'ut I for the City
of 7igar~f, WaskinBton County, Oregon and that I served the following:
(Check AppiopMte Box(s) Bebw)
NOTICE OF DECISION FOR:
AMENDED NOTICE (Fle NoJName Reference)
City of Tigard Planning Director
✓ NOflCEOF PUBLIC NEARING FOR: E:~? 2Ciq5•oDOI /FIg.~~~ssw~or~ ( r-~~, I~9B
AMENDED NOTICE (Fle oJName Reference) ~hN ~5 I (Date ot Public Hearing)
JV
Ciry of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
NOflCE OF FINAL ORDER FOR: 0:~7 ~
AMENDED NOTICE (Fle NolName Reference)
(Date ol Public Flearing)
, City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
✓Tigard City Council
NOflCE OF. FOR: 0:~7 ~
(TypalGnd of Notice) (Fle NoJName Reterence) (Date of Publlc H
earing, if eppllcable)
A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE Of FINAL ORDER/OTNER NOflCE[S1 of which is attached,
marked EXhlbtt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhiblt"B", on the 3rc), day of i;~b'L1QN!] 1998, and deposited in the United States Mail on the
3~G~ day of r.l,AVL1 V 1998, postage prepaid.
(Person that Prepared Notice)
Subscribed and swom/affirmed before me on the day of , 1 g~
OFFICIAL SEAL
DIANE M JELDERKS 0'V
NOTARY PUBLIC-OREGON
COMMISSION NO.Oa6142 N ARY PUBLIC OF OR ON
~,"Y'COMMISSION EXPIRES SEPTEMBER 07, 1999
My Commisston Expir :
CW7 /1, 1
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CITY OF TIGARD
Community Development
Shaping A Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY.
FEBRUARY 24, 1998 AT 7:30 P.M. IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125
SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO: ZOHE CNAN6E ANNEIIATION QCAI 98-0001
IFILE nTLE: FISHER/PASSMORE FONNER STREET ANNEMATION
' APPLICANT: Fred Passmore OWNER: Fisher Properties Trust
7501 SW 195th Place P.O. Box 11370
Aloha, OR 97007 Portland OR 97211
OWNER: Carol Williams OWNER: SR Tumer Const., L.L.C.
9155 SW Rambler Lane 8835 SW Canyon Lane
~ Portland, OR 97223 Suite #408
Portland, OR 97225
REDUEST ➢ The property owners are requesting to annex 3.25 acres of residential property
into the City of Tigard and change the zoning from County R-5 to City of Tigard
R-4.5.
LOCATION: 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 02101; and
11300 SW Fonner Street, WCTM 2S103AC, Tax Lot 02000.
APPLICABLE .
REVIEW
CRITERIA: The proposed zone change is to City of Tigard R-4.5 from County R-5.
:?ONE: Community Development Code Chapter 18.136.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
,8.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COOUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY
PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITfEN TESTIMONY. THE CITY COUNCIL
ZCA 98•0001 FISHER/PASSMORE FONNER ST. ANNEXATION NOTICE OF 2/24/98 CITY COUNCIL PUBLIC HEARING
MAY CONTINUE THE PUBLIC HEA G TO ANOTHER MEETING TO OBT N ADDITIONAL INFORMATION, OR I
CLOSE THE PUBLIC HEARING AND ~E ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER FEBRUARY 3, 1998, 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 RE(]UEST 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. APPROVAL OR DISAPPROVAL
OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY.
AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REGIUEST 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 ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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 (25C) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) 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 (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER lulia Powell Haiduk
AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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Community Development Plot date: Feb 2, 1998; c:%magidmagicdd.apr
. •
CITY OF TIOARD
Community Develnpment
Sfiaping A BetterCommunity
CITY OF TIGARD
Waskington County, Oregon
NOTICE OF FINAL ORDER c* BYTHETIGARD CITY COUNCIL
case Number(s): lONE CHANGE ANNEIIATION QCN 98-0001
Case Name(s): FISHER/PASSMORE FONNER STREET ANNEIIATION
Name of Owner: Fisher Proqerties Trust
Name of Applicant: Fr.ed Passmore
Address of Applicant: 7501 SW 195th Place Citv: Aloha State: Oregon Zip: 97007
Address of Property: 11370 SW Fonner Street City: Tigard State: Oreqon Zip: 97223
11300 SW Fonner Street Citv: Tigard State: Oreqon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S103AC, Tax Lot 02101; and 2S103AC, Tax Lot 02000.
Request: ➢ The property owners are requesting to annex 3.25 acres of residential property into the
City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5.
Location: 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 02101; and
11300 SW Fonner Street, WCTM 2S103AC, Tax Lot 02000.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Zone: The proposed zone change is to City of Tigard R-4.5 from County R-5.
Action: ➢ ❑ Approval as Requested ❑ Approval with Conditions ❑ Denial
Notice: Notice was Published in the newsPaPer, Posted at CitY Hall and mailed to:
9 Owners of Record within the Required Distance 19 Affected Governmental Agencies
0 The Affected Citizen Involvement Team Facilitator O The Applicant and Owner(s)
Final Decision:%
THE DECISION WAS SIGNED ON , 1998 AND BECOMES EFFECTIVE ON , 1998.
The adopted findings of fact, decision and statement of conditions can be obtained from the
City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land
Use Board of Appeals (LUBA) according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171.
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL
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CF-4jvGE ?,ROPOSr1L A2E4 (To be comoleted IF the oroposaI contains 10 or fewe: land owners/registered voters.
?!ease indicace the name and address of ziI owne:sivocers re;zrdIess oi wne:her they
si,-ned an anne:cation pe66on or zoL) inis is ior noancation purnoses.
vA,
IvC Or OWtiER,,VOT~Z AD DFL=iS ?ROPERTv, DESIGNAilON
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meameBoo ICA 98-0001
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(503) 639d171
ht~lAvww.rltlgartiaaa
Community Development Plot date: Feb 3, 1998; cAmagicUnagicdd.apr
ze/f `19-oMl ~I s~-1~K./NA Ss /hUR.~ ~ONIVbK- 5 ~4~vn?~XA-TI~N .
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PAR FRED C& L TA-RR~kN~. GRECO LEONARD R
11385 S R ST 8151 SIMMS SL
RD, OR 9 ARVADA, CO 80005
2S103AC-01100 2S103AC-01200
DURNIN BRYAN P AND JULIE A M PARISH FRED C& LORETA ARANT TR
11465 SW FONNER ST 11385 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-01300 2S103AC-01400
OAK RICKY J& BARBARA T HOBBS RONALD E AND JUNE E
11245 SW FONNER ST 7205 SW VENTURA DR
TIGARO, OR 97223 TIGARD, OR 97223
2S103AC-02000 2S103AC-02101
HODGES VIRGINIA A FISHER THOMAS L
11300 SW FONNER RD PO BOX 11370
TIGARD, OR 97223 • PORTLAND, OR 97211
' 2S103AC-02200 2S103AC-02300
HOLMES ROBERT W QUIMBY ELEANOR N& EARL H
11400 SW FONNER 11480 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-02400 2S103AC-02600
FILLER DAVID E MARY LYNN BECK JAY W AND NORA C
11500 SW FONNER 11550 SW FONNER ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103AC-05000 2S103AC-05100
MYERS RANDALL C& MELISSA K DAHLEN MARK S&
6655 SW HAMPTON #100 12775 SW 113TH PL
PORTLAND, OR 97223 TIGARD, OR 97223
03AC-05200 2S103AC-05300
MYER NDALL C 8 N89i~lf FEYDER JOSEPH A& TRACY L
6655 S ON #100 PO BOX 540 SE 119TH
TLAND, OR 9 PORTLAND, OR 97216
2S103AC-06100 2S 1 03AC-06200
CALHOUN CYNTHIA L PASSMORE SUSAN
11340 SW FONNER 7501 SW 195TH PL
TIGARD, OR 97223 ALOHA, OR 97007
2S103DB-00100 2S103DB-09400
SHULTS MITCHELL T/CARLA P ABEYTA THOMAS J AND DEBORAH L
2074 LAURELEI AVE 11370 SW ERSTE DR
SAN JOSE, CA 95128 TIGARD, OR 97223
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2S103D13-09500
HONEYCUTT EDWIN E JR & ETHEL L Fred Passmore
' 11375 SW ERSTE PL 7501 SW 195th Place
TIGARD, OR 97223 Aloha, OR 97007
Fisher Properties Trust
P.O. Box 11370
Portland, OR 97211
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~ stiould be veritfed wCh Uie Developnetrt Servioes DivFSfwL
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m n , (503)e39-4171
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Plot date: Jan 20, 1998; c:Xmagidmagicdd.apr
Community Development
• •
REQUEST FOR COMMENTS CITY OF TIOARD
CommuniCy ~DeveCopment
ShapingA Better Community
DATE: lanuarfl 20,1998
T0: PER AiTACHED
FROM: Cial of Tigard Plannin9 Diuision STAFF CONTACT: lulia Powell HalduK, Assoclate Planner
Phone: (50316394111 fa)t[50816841291
lONE CHAN6E ANNE1IAflON [ZCAI 98-0001
➢ FISHER/PASSMORE FONNER STREET ANNEXATION Q
The applicant is requesting to annex .42 acres of residential property into the City of Tigard and change
the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 11370 SW Fonner Street; WCTM
2S103AC, Tax Lot 02101. ZONE: The proposed zone change is to City of Tigard R-4.5 from County
R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Attached is the Site Plell, Vicinity Map and Applicant'S St8tC111Cl1t 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: (FRIDAY - IANUARY 30.19981. You may use the space provided below or
attach a separate letter to return your comments. If YOU ere utl8ble t0 reSU011d bY tl18 eb0ue dete. 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:
ftlease pmvi~Ce tFie folCowing inforn►ation) Name of Person[sl Commentlng:
Phone NumbeNsl:
ZCA 98-0001 FISHER/PASSMORE FONNER ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~ OREQUEST FOR COMMENTS
NOflFICAflON LIST FOB LAMD USE a COMMOMITY DEVELOPMEMTAPPLICAflONS
~ (0 - Indlcates 13 Autematlc Netlflcftleos N ALl Ck11 Prolecis)
.crcArti 161110 Oj,[NII.. . " Cti11EM IMYOLYEMQR-tEAMS hr nWw u ur~ err e~~~t~~ .
FILE NO[Sl: Z CA U- oaol fILE NAMEISI;e4.-/X%warn -ronr•
_ ADVANCED PLANNING/Nadine Smith, R_m,sw«ri.«_ COMMUNITY DVLPMNT. DEPTJo~row..sK..r.~.~. 'POLICE DEPT./Jim Wolf, c~.a««n~,at~.,
_ BUILDING DIVJDavid Scott, a,i~n,onw~ LfENGINEERING DEPTJBnan Rager, odwm.a.vi.Y.Er4m.., iIAIATER DEPT✓Michael Miller,o,«aw'.w..a,
_ CITY ADMINISTRATIOWCathy Wheatley, anP=«d. Z,"OPERATIONS DEPTJJohn Roy, vrop" r,w.9., _ OTHER
SPECIAL DISTRICiS"
0 TUALATIN HILLS PARK 8 REC. DIST.[[&TUALATIN VALLEY FlRE 8 RESCUE W'TUALATIN VALLEY WATER DISTRICT eUNIFIED SEWERAGE AGENCY
Planning Manager Fire Marshall Administrative Office Juila HuHmaNSWM Program
15707 SW Walker Road Washington County Fire DistriCt PO Box 745 155 N. First Street
Beaverton, OR 97008 (piace in pick-up box) BeaveROn, OR 97075 Hillsboro, OR 97124
- . ~ LOCALAMDSTATEIOBISDIGi10NS: .
. . . ,
0 CITY OF BEAVERTON 0 CITY OF TUAlAT1N OR. DEPT. OF FlSH & WILDLIFE OR. OIV. OF STATE LANDS
Planning Manager Planning Manager 2501 SW Frst Avenue 775 Summer Street, NE
Mike Matteucci, N60nwna. cowa. PO Box 369 PO 8ox 59 Salem, OA 97310-1337
PO Box 4755 Tualatin, OR 97062 Portland, OR 97207
Beaverton, OR 97076 OR. PUB. UTILITIES COMM.
0 METRO - LAND USE & PLANNING OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE
0 CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310•1380
City Manager Portland, OR 97232-2736 Portland, OR 97232
PO Box 23483 US ARMY CORPS. OF ENG.
Durham, OR 97281-3483 Paulette Ailen, cronnmam9womcoaaiWw OH. DEPT. OF LAND CONSERV.& DVLP 333 SW First Avenue
_ Mel Huie, f3reanepscwCaorWnatq(CPA's20A'e) 1175 Court Street, NE PO Box 2946
21 CITY OF KING CITY / Salem, OR 97310-0590 Portland, OR 97208-2946
City Manager METRO AREA BOUNDARY COMMISSION
15300 SW 116th Avenue 800 NE Oregpn Street OREGON DEPT. OF TRANS. (ODOT) O WASHINGTON COUNTY
King City, OR 97224 Building #16, Suite 540 Aeronautics Division Dept. of Land Use & Trans.
Portland, OR 97232-2109 Tom Highland, vwwng 155 N. First Avenue
0 CITY OF LAKE OSWEGO 3040 25th Street, SE Suite 350, MS 13
Planning Oirector OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124
PO Box 369 Bonneville Power Administration
Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera 0 ODOT, REGION 1 Brent Curtis (caA•.)
PO Box 3621 Sonya Kazen, Dvlprtu. qev. Coo'd. SCOtI Klfl9 (CPA'a)
_ CITY OF PORTLAND Portland, OR 97208-3621 123 NW Flanders Mike Borreson (ergiM.,)
David Knowles, aWnr" sumau oo-. Portland, OR 97209-4037 Jim Tice (Ion•a)
Portland Building 106, Rm. 1002 OREGON, DEPT. OF ENVIRON. QUALITY Tom Harry (cw.«a vi. Ams.)
1120 SW Fifth Avenue 811 SW Sixth Avenue 0 ODOT, REGION 1- DISTRICT 2A Phil Healy (cw«n ai. nPOe.)
Portland, OR 97204 Portland, OR 97204 Jane Estes, a«mnsP.wm
PO Box 25412
Portland, OR 97298•0412
. . . ` 011LITY'P80YIDERS"AND'SPECIALA6ENCIM . . , .
_ BURLINGTON NORTHERW
SANTA FE R/R METRO AREA COMMUNICATIONS ~ PORTLAND GENERAL ELECTRIC TCI CABLEVISION OF OR.
Reed Fay, Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson
1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street
Vancouver, WA 98660-3000 1815 NW 169th Place, S-6020 Wilsanville, OR 97070 Portland, OR 97201
Beaverton,OR 97006-4886
_ COLUMBIA CABLE COMPANY / PORTLAND WESTERN R/R TRI-MET TRANSIT DVLPMT.
Craig Eyestone ANW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser, Project Planner
14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street
Beaverton, Of1 97005 220 NW Second Avenue 999 Thircl Avenue, Suite 2120 Portland, OR 97232
PoRland, OR 97209-3991 Seattte, WA 98104-4037
GENERAL TELEPHONE
Paul Koft. Engineering OREGON ELECTRIC R/R SOUTHERN PACIFlC TRANS. CO. R/R US WEST COMMUNICATION
MC: OR030546 (RlIR!lNC10NNOX7NM/SAMARX/RYRfAISSOJD CIiHoM C. Cabe, Construction Engineer Pete Nelson
Tigard, OR 97281-3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street
1313 W. 11th Street Portland, OR 97232 Portland, OR 97204
Vancouver, WA 98660-3000
hApatryVnesters4lcno1ice.mst 2•Jan-98
_ CITY . A-.
OE06RAVMIC INFORYATION SVSTEY
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AREA NOTIFIED
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Community Development Plot date: Jan 20, 1998; c:XmagicXmagicdd.apr
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