ZCA1998-00002
March 10, 1999
CITY OF TIGARD
Oregon Department of Revenue OREGON
Cartography Department
955 Center Street
Salem, OR 97310
RE: Formal submittal of the Ordinance and related Exhibits officially
withdrawing properties annexed into the City of Tigard from the
Tigard Water District.
To Whom It May Concern:
This letter serves as formal notice that certain proPerties annexed into the
City of Tigard have now been officially withdrawn from the Tigard Water
District. Enclosed is a copy of the signed Ordinance passed by the Tigard
City Council on 2/23/99 withdrawing those properties from the Tigard
Water District. The Department of Revenue previously had the
opportunity to review the "draft" ordinance and the necessary changes
were made at that time to the exhibits prior to adoption by the City
CounciL Thank you for your time on this matter. If you have any questions or
comments, please feel free to contact me at (503) 639-4171 x407.
Sincerely, Julia Powell Hajduk
Associate Planner
i:\curpln\julia\annex\wdlet2.doc '
Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27
C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File
1999 Planning correspondence file
City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6;
97-1,2 & 3; and 98-1,2,3 & 4.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. ~ CITY OF TIGARD, OREGON •
ORDINANCE NO. 99- 05
AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY
BEEN ANNEXED TO THE CITY ARE WTTHDRAWN FROM THE TIGARD WATER DISTRICT.
WHEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and
WHEREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and
WI-IEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from
that Water District to insure the proper entity receives the taxes; and
WHEREAS, pursuant to ORS 222.520(2), the City is liable to the Dish-ict for certain debt obligations, however, in this
instance, the District has no debt for the City to assume, therefore, no option regarding the assumprion of debt needs to be
made; and
WHEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of
those annexed properties from the Tigazd Water District on February 23, 1999; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of
the annexed properties from the Tigard Water District is in the best interest of the City fTigard; and
WI-MREAS, 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:
SECT'ION 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 Dish-ict.
SECTION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water Dish-ict are attached
hereto as Exhibits 1 through 27 and incorporated herein.
SECITON 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water
~ District shall be July 1, 1999.
SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By U`n~ ~(MVU-S vote of all Council members present after being read by number and title only, this ~
day of 11999.
- )1-e w
Catherine Wheatley, City Recorc(d
APPROVED: By Tigard City Council thisday of r;:7, wj/'6~ , 99.
a s Nicoli, Mayor
Approved as to form:
i Attorney
2
Date
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Page 1 of l i:\citywide\ord\wdwithdr.ord.doc Julia H. I I-Feb.-99
. . . ' , . ~ . .
CITY OF TIGARD WATER DISTRICT WITHDRAWAL .
. Boundary Commission
' Final Ordec No. 3 -?8 ?
EXHIBIT 25 ZCA No. 98-oooL
LEGAL DESCRIPTION OF THE AREA
A tract of land in the Southeast quarter of the Northeast quarter, Section 4 Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as
follows: I Beginning at an iron rod on the south line of said Northeast quarter which bears South
89 ° 18' West, 1068.9 feet from the quarter corner on the east line of said Section 4 and running thence North 01 ° 16' West, 325.0 feet to the True Point of Beginning; thence
North 01 ° 16' West, 331.10 feet to the centerline of County Road No. 934 from which an
iron rod bears South 01 ° 16' East, 30.0 feet; thence along said centerline South 89 ° 22'
' West, 132.65 feet, from which an iron bears South 01 ° 16' East, 30.0 feet; thence
' leaving said centerline South 01 ° 16' East, 331.25 feet; thence North 89 ° 19' East,
' 132.68 feet to the True Point of Beginning.
.
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a
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: 3887 - Annexation of territory to the City of Tigard.
Proceedings on Proposal No. 3887 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 several governmental agencies is
Final Order - Page 1
• ~
. resources. A singie 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 shafl 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
i
(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. 3887 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: BY:
' Chair
ATTEST: 9
,
Final Order - Pa9e 3
• •
Exhibit A
Proposal No. 3887
FINDINGS
Based on the study and the public hearing, the Commission found:
1. The territory to be annexed contains 0.92 acres, one vacant single family residence, and
evafuated at $125,360.
2. The property owners desire City services to facilitate development of 2 lots for single family
residences.
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 Ti.gard 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 UNINCORPORATED
CITY OF TIGARD AREA
801-4 Replacement
As specified herein, this Ordinance replaces the existing Washington County Commu-
nity 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 Comprehen-
sive 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
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 ddnsity residential, with zoning of
Final Order - Page 4
, • •
Exhibit A
Proposal No. 3887
R-4.5 SFR as in accordance with the ordinance described above (Article VIII). There are no
significant natural resources designated on the site.
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 Planninq Area means the incorporated area and certain unincorporated areas
contiguous to the incorporated area for which ihe 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.
I 4. The COUNTY shatl 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.
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 proposai are provided here:
Final Order - Page 5
• •
• Exhibit A
Proposal No. 3887
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:
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 irregular boundary that makes it difficult for the police in
an emergency situation to determine whether the parcel is within or outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to the city
boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
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
Final Order - Page 6
• •
Exhibit A
Proposal No. 3887
~
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. There is an 8-inch City sewer line in Walnut 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 Walnut Street, 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. 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 longet be levied on the property.
Final Order - Page 7
• •
Exhibit A
Proposal No. 3887
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 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 Walnut Street as a
Major Collector, which is a public thoroughfare intended to serve traffic from Local Streets to
Arterials. 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.
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.
Final Order - Page 8
• •
• Exhibit A
Proposal No. 3887
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 LQng Term/Long Range Governmental Structure (OAR 193-05-
015).
Final Order - Page 9
• .
~ Exhibit B
Proposal No. 3887
LEGAL DESCRIPTION
ANNEXATION TO
CitY of Ti9ard
A tract of land in the Southeast quarter of the Northeast quarter, Section 4 Township 2
South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as
follows:
Beginning at an iron rod on the south line of said Northeast quarter which bears South
89 ° 18' West, 1068.9 feet from the quarter corner on the east line of said Section 4 and
running thence North 01 ° 16' West, 325.0 feet to the True Point of Beginning; thence
North 01 ° 16' West, 331.10 feet to the centerline of County Road No. 934 from which an
iron rod bears South 01 ° 16' East, 30.0 feet; thence along said centerline South 89 ° 22'
West, 132.65 feet, from which an iron bears South 01 ° 16' East, 30.0 feet; thence
leaving said centerline South 01 ° 16' East, 331.25 feet; thence North 89 ° 19' East,
132.68 feet to the True Point of Beginning.
Final Order - Page 10
r
• •
PROPOSAL ■ 3887
SE1/4 NE1/4 SECTION 4 T2S R1W W.M. 2S 1 4AD
' Washington County
Scale: 1 = 200'
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PROPOSAL N0. 3887
CITY OF TIGARD
ANNEXATION
FIGURE 2
. • ZC~
~ . ~
June 22, 1998 CffY OF TIGARD
OREGON
Annexations
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,
~j~
Vivian Nunmo
Administrative Specialist I
enclosures
claupln\viviae\an„«lQsucova.aac
13125 SW Hall Bivd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
, ' r • •
Return completed questionnaire to:
Center for Population Research and Census
P O Box 751
Portland State University
Portland, OR 97207-0751
. No later than June 26, 1998 for certification on June 30, 1998.
A N N E X A T I 0 N Q U E S T I 0 N N AI R E
City of If2142.fl County of w~"cWiN 4'T~1
Annexation Ordinance Number or Final Order Number
Effective Date of Annexation May 20, 199E3
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 vac-ant 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 L U 1_ 0
UNITS IN MULTIPLE FAMILY
STRUCTURES 0
MOBILE HOMES OR TR.AILERS 0
TOTAL POPULATION OF ANNEXED
AREA 0 DATE OF ENUMERATION Q122f%
ENUMERATED BY Vivia[1 Nimm POS I T I OLJ ni Gtr;--r i vP c= i a 1 ist T
TELEPHONE NTJMBER (5()3) 639-4171 x419
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)
725-15101. THANK YOU.
- ' ^ ~ •
CONFIDENTIAL ZCA 98-4002 ,
Clty of TIGARU
Address 12920 SW Walnut Street
HOOSING TYPE TENURE
Single Unit Structure (X) Owner Occupied
Multiple Unit Structure Renter Occupied
Trailer or Kobile Home Vacant (X)
RESIDENTS
Last Name First Name Sex Age
Respandent
2.
3.
4.
5.
6.
7.
8.
9.
10.
Portland State Universi-l-y School of Urban and Public Affairs
Center For Population Research and Census 725-3922
,
COPY
~ CITY OF TIGARD
' DATE: June 3, 1998 OREGON
TO: INTERESTED PARTIES
RE: Fnal Order on Annexation Nos.:
3875 (ZCA 97-0003 - Furman Annexation); ~
3886 (ZCA 98-0001 - Fsher/Passmore Fonner Street Annexation);
3887 (ZCA 98-0002 - Fsher/Passmore Wainut Street Annexation);
3888 (ZCA 98-0003 - Schmidtke Annexation);
3892 (ZCA 98-0004 - Gaarde StreeVOlsen Heights Subdivision Annexation)
We have received the final order from the Portiand 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 attadied. Census infoRnation is as follows:
Boundary Commission Fnal Onier No. 3875:
. . . . . . . . .
. . . . . .
. . . . . . . . . .
: :OWNER(S):NAME AND ADDRESS:;:°'.' ; :SPECIFIC-PARCEL~DATA:
. . : . . . . .
.
Linda and Richard Furtnan WCTM 2S1106A, Tax Lot 01700
11754 SW Gaarde S'treet 1-0CCUPIED Single-Family Residence
Tigard, OR 97224 Site Address: 11754 SW Gaarbe Street
Est Population: 2
Boundary Commission Fnal 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 Addr+ess: 11300 SW Fonner Street
SR Tumer Constnidion, 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:
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
Bound Commission Final Order No. 3888:
: . . . . . . . .
.
.
.
.OWNER(S).NAME.ANO ADORESS: SPECIFIC PARCEL DATA:
Donald Campbell WCTM 2S103BD, Tax Lot 02300
11760 SW Cartnen Street 1-VACANT Single-Family Residence
Tigar+d, OR 97223 ~ Site Address: 11760 SW Cartnen Street
Est. Population: 0
Boundary Commission Final Order No. 3892:
: : . .
. . . . . .
: . . .
.
: ::::::OWNER(S) NAME;AND:ADDRESS::. SPECIFIC PARCEL DATA:~~:
Janice Justice WCTM 2S11086, Tax Lot 00100
11920 SW Gaarde Strset 1-OCCUPIED Single Family Residence
Tigard, OR 97224 Site Addness: 11920 SW Gaarde Street
~ Esi. Population: 2
Ron and wlma Lambert WCTM 2S11068, Tax Lot 00400
11910 SW Gaarde SVeet 1-OCCUPIED Single-Family Residence
Tigard, OR 97223 Site Address: 11910 SW Gaarde Street
, Fst. Population: 3
Four D Construdion WCTM 2S110B8, Tax Lot 00300
P.O. Box 1577 Vacant lot, no address
Beaverton, OR 97075
WCTM 2S1108A. Tax Lot 02100
Vacarn lot, no address
Robert and Kay Norin . WCTM 2S1106A, Tax Lot 02200 and 02300
11900 SW Gaarde SVeet 1-0CCUPIED Single-Family Residence
Tigard, OR 97224 Site Address: 11900 SW Gaarde Street
Esi. Population: 3
Please call me if you have any questions canceming this information at (503) 639-4171.
Sincerely,
~ ulia Powell Hadjuk, Associate Planner
Community Development Department
tAa,rptMvlvtanlaru=das.rrW
Enclosures
• •
00
A.4
City of Tigard
M E M 0 R A N D U M S~~g~ ~&~~o'um~
CITYOFTIGARD,OREGON
TO: Chief of Police, City Engineer, Engineering TechniciaNJurisdiction
Coordinator, Water/Accounting (Amanda Bewersdorff), Building Official,
Library Director, GIS Specialist, City Recorder, Operations Manager and DST
Supervisor
FROM: Vivian Nimzo, 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 Street/Olsen Heights Subdivision Annexation)
We have received the final order from the Portland Metropolitan Area Locat 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 af the annexed properties are attached. Census information is as follows:
Boundary Commission Final Orcier No. 3875:
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA
Linda and Richard Furman WCTM 2S110BA, Tax Lot 01700
11754 SW Gaarde Street 1-OCCUPIED Single-Family Residence
Tigard, OR 97224 Site Address: 11754 SW Gaarde Street Est. Population: 2
AnnexaUon 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
SR Tumer Construction, L.L.C. Est. Population: 0
.
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 2S1036D, Tax Lot 02300 .
11760 SW Carmen Street 1-VACANT Single-Family Residence
Tigard, OR 97223 Site Address: 11760 SW Carmen Street
Est. Population: 0
Annexation 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 2S1106B, 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 Construdion WCTM 2S11066, 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 2S110BA, 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
Annexatlon Memo • Page 3
I
• 0
ANNEXATION PROCESS CHECKLIST 12-9Zo WqlqL4"
File name T~s1~~0.ss~W~,~
File number ZCq 9Jr-oov,2,,
✓ Talk with applicant about property and site. Confirm that annexation is possible for this
property
✓ Applicant submits City Annexation form and Boundary Commission form
~
4-""' Enter application into current Docket book and Tidemark
i/ Reviewed BC form for completeness, filled in form #16 as much as possible
~Send copies of form #16 to Greg Barry sigd MilEer for them for complete sections
on sewer and water
~ Send legal description to Engineering to have them checkok a
~ Schedule City Council public hearing date -(Approximately 6 to 8 weeks from the date
it is entered into the Docket) =rzz zy"~
✓ Prepare "proposal" for mail-out and ad to paper. Af
/ -C RuQ
Give information to Patty so she can prepare for ad.~ st completed by
~ ~ s~~~✓/e~~v~ ,~~~~v~~ Contact Finance to have ciKut for Boundary Commission fee if site is in Active
~
Planning Area - f3C fee-
~Prepare Resolution and Ordinance
I ~ ~ 30
~ Prepare Staff report
Due to Admin *12 days prior to CC ~
Du to Patty and Dick 1 week prior to packet due date.
Pace ket due date: l2 Due for review by Dick and Patty:
~ Prepare exhibits for Council presentation
✓ Council approves Resolution and Ordinance
k"~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 Patty for her to do Annexation Follow-up
procedure.
ER '
D O 6E06RAVHIC INFORYATION SYSTEY
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SHADED AREAS INDICATE
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rti 13125 SV✓ HaU Blvd
Tgard, OR 97723
(503) 639-4177
htt0/www.ci.tigard.or.us
Community Development Plot date: Feb 24, 1998; c:\magic\magicdd.apr
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- ~ ~
~
April 30, 1998 Hearing
PROPOSAL NO. 3887 - CITY OF TIGARD - Annexation
RFCFIVEn PLANNIN.,
Petitioner: City of Tigard; Tom Fisher
APR 2 7 1998
90th Day: June 7, 1998
CITY OF TICARD
Proposal No. 3887 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 Walnut Street, and west of SW 128th Avenue. The territory contains 0.92 acres,
one vacant single family residence, and evaluated at $125,360.
REASON FOR ANNEXATION
The property owners desire City services to facilitate development of 2 lots for single
family residences.
BOUNDARY COMMISSION POLICIES
The Boundary Commission has three adopted policies. The first of these policies states
that the Commission generally sees cities as the primary providers of urban services.
Recognizing that growth of cities may cause financial problems for the districts, the
Commission states in the second policy that the Commission will help find solutions to the
problems. The third policy states that the Commission may approve illogical boundaries in
the short term if these lead to logical service arrangements in the long term.
LAND USE PLANNING
Recaional Plannina. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washington Countv Planninq. 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. 3887 - 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 VI11 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 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 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
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).
There are no significant natural resources designated on the site.
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 Plannin4 Area Aareement. The City of Tigard and Washington County have entered
into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and
Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area"
within which the City assumes responsibility for land use planning, and an "Area of
Interest" in which the County agrees to coordinate its planning because of the potential
impacts on Tigard. The subject property falls within the "Active Planning Area" as
designated in the UPAA. The following pertinent provisions are from Section A, "Active
Planning Area" portion of the UPAA:
A. Active Planning Area
1. Definition
Active Plannin4 Area means the incorporated area and certain unincorporated areas
contiguous to the incorporated area for which the CITY conducts comprehensive
Proposal No. 3887 - 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 Tiaard Plannina. 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 Couniy a nonremonstrance agreement regarding the
following:
Proposal No. 3887 - Page 3
, • .
- i •
' 1. The formation of a local improvement district (L.I.D.) for any of the following
services that could be provided through such a district. The extension or
' improvement of the following:
a) water;
b) sewer;
c) drainage; and
d) streets.
.t.
10.1.2 Approval of proposed annexations of land by the city shall be based on findings with
respect to the following:
a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory;
or
b. The annexation will not create an irregular boundary that makes it difficult for the
police in an emergency situation to determine whether the parcel is within or outside
the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to the city
boundary;
e. The annexation can be accommodated by the services listed in 10.1.11a1.
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. There is an 8-inch City sewer line in Walnut 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. 3887 - Page 4
0 •
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..
Water Service. There is a 6-inch water line in Walnut Street, 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 police 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.
TransQOrtation. The East Washington County Functional Classification System designates
Walnut Street as a Major Collector, which is a public thoroughfare intended to serve traffic
from Local Streets to Arterials. It is Washington County's policy to retain jurisdiction over
Proposal No. 3887 - Page 5
• •
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 Lights. The territory is within the Washington County Service District # 1 for street
lights. The District provides services to areas within its boundary which request street
lighting services. The District uses local improvement districts to finance the service.
Upon annexation the territory will be automatically withdrawn from the District.
I
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. 3887 be approved.
Proposal No. 3887 - Page 6
, ,
0 •
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i '•JI ~ryn PROPOSAL N0. 3887
~ CITY OF TIGARD
~ ~ ANNEXATION
~ 'o'.- f'
FIGURE 1
PROPOSAL ■ 3887
SE1/4 NE1/4 SECTION 4T2S R1W W.M. 2S 1 4AD
Washington County
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PROPOSAL N0. 3887
CITY OF TIGARD
ANNEXATION
FIGURE 2
• •
Exhibit A
Proposal No. 3887
FINDINGS
Based on the study and the public hearing, the Commission found:
1. The territory to be annexed contains 0.92 acres, one vacant single family residence,
and evaluated at $125,360.
2. The property owners desire City services to facilitate development of 2 lots for single
famity residences.
3. The Boundary Commission has three adopted policies. The first of these policies
states that the Commission generally sees cities as the primary providers of urban
services. Recognizing that growth of cities may cause financial problems for the
districts, the Commission states in the second policy that the Commission will help
find solutions to the problems. The third policy states that the Commission may
approve illogical boundaries in the short term if these lead to logical service arrange-
ments in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
5. The territory is located within the County's West Tigard Community Planning area.
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
I 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.
ARTICLc VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPO-
RATED 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 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
Findings - Page 1 of 6
Exhibit A
Proposal No. 3887
maps of these two community pians 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). There are no significant natural resources designated on the site.
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"
I portion of the UPAA:
A. Active Planning Area
1. Definition
Aciive Plannin4 Area means the incorporated area and certain unincorporated
areas contiguous to the incorporated area for which the CITY conducts compre-
hensive planning and seeks to regulate development activities to the greatest
extent possible.....
2. The CITY shall be responsible for comprehensive planning within the Active
Planning Area.
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
Findings - Page 2 of 6
. •
Exhibit A
Proposal No. 3887
Plan in the future upon annexation to the CITY as indicated by the CITY Compre-
hensive Plan.
. 6. Approval of the development actions in the Active Planning area shall be contin-
gent upon provision of adequate urban services including sewer, water, storm
drainage, streets, and police and fire protection.
7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active
Planning Area.
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:
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:
Findings - Page 3 of 6
• •
Exhibit A
Proposal No. 3887
a. The annexation eliminates an existing "pocket" or "island" of unincorporated
territory; or
b. The annexation will not create an irregular boundary that makes it difficult for
the police in an emergency situation to determine whether the parcel is within or
outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to
the city boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
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. There is an 8-inch City sewer line in Walnut 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.
Findings - Page 4 of 6
i ~
Exhibit A
Proposal No. 3887
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 Walnut Street, 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 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. 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 vafue wifl 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 Walnut
Street as a Major Collector, which is a public thoroughfare intended to serve traffic
from Local Streets to Arterials. 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 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 vaiue will no
longer apply.
Findings - Page 5 of 6
. .
• •
Exhibit A I
Proposal No. 3887
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
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 deaication of tne street lights and takes on ongoing
operation and maintenance costs.
16. The territory is within the boundary of the Washington County Vector Control District. I
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).
Findings - Page 6 of 6
I
~ •
Aprii 30, 1998 Hearing
PROPOSAL NO. 3888 - CITY OF TIGARD - Annexation
Petitioners: City of Tigard; Donald Campbell; Fred Schmidtke
90th Day: June 7, 1998
i Proposal No. 3888 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 faw. ff
' 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 focated generally in the west part of the City, on the south
edge of SW Carmen Street, east of SW 121 st Ave., and west of SW 1 16th Avenue. The
territory contains 0.35 acres, one vacant single family residence, and evaluated at
$166,770.
REASON FOR ANNEXATION
The property owners want to receive City services and develop one single family resi-
dence.
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 prob(ems for the districts, the
Commission states in the second policy that the Commission will help find solutions to the
problems. The third policy states that the Commission may approve illogical boundaries in
the short term if these lead to logical service arrangements in the long term.
LAND USE PLANNING
Re4ionat Planninq. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washinaton Countv Planninq. 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
Proposal No. 3888 - Page 1
• .
Plan and the Bull Mountain Community Plan, including the 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 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 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
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).
There are no significant natural resources designated on the site.
I 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 PlanninQ Area Agreement. The City of Tigard and Washington County have entered
into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and
Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area"
within which the City assumes responsibility for land use planning, and an "Area of
Interest" in which the County agrees to coordinate its planning because of the potential
impacts on Tigard. 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
Proposal No. 3888 - 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 preparat+on, adoption and amendment of the public
facility plan required by OAR 660-11 within the Aciive 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
I 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 ClTY's Active
' Planning Area.
Citv of TiQard Planninq. 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 shali 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. 3888 - 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; ~
b1 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 10.1.1(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 designates
the property as Iow density residential, with a zoning of R-4.5 SFR.
FACILITIES AND SERVICES
Sanitarv Sewer Service. There is an 8-inch City sewer line, within the Hunter's Glen
subdivision, adjacent to the eastern edge of 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. 3888 - 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 ot 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. The territory is currently served by a 6-inch water line in SW Carmen 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-month(y. They include
an administrative fee of $3.56, and a water use charge for everything over 800 cf. 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 police 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.
Transaortation. The East Washington County Functional Classification System designates
SW Carmen Street as a Local Street. It is Washington County's policy to retain jurisdiction
Proposal No. 3888 - Page 5
~ 0
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 Drainaae. 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 Lights. The territory is within the Washington County Service District #1 for street
lights. The District provides services to areas within its boundary which request street
lighting services. The District uses local improvement districts to finance the service.
Upon annexation the territory will be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source. 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. 3888 be approved.
Proposal No. 3888 - Page 6
PROPOSAL • 0
■ 3888
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PROPOSAL N0. 3888
CITY OF TIGARD
ANNEXATION
T~ _ . ~ ~ ' FIGURE 1
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■ 3888
PROPOtAL 1
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Washington County
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PROPOSAL NOo 3888
CITY OF TIGARD
ANNEXATION
FIGURE 2
I
~ •
Exhibit A
Proposal No. 3888
FINDINGS
Based on the study and the public hearing, the Commission found:
1. The territory to be annexed contains 0.35 acres, one vacant single family residence,
and evaluated at $166,770.
2. The property owners want to receive City services and develop one single family resi-
dence.
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 logical service arrange-
ments in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
5. The territory is located within the County's West Tigard Community Planning area.
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 the 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 UNINCORPO-
RATED 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 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
Findings - Page 1 of 6
~ •
Exhibit A
Proposal No. 3888
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). There are no significant natural resources designated on the site.
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 speciai 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 Pians. 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 cf the UPAA:
A. Active Planning Area
1. Definition
Active Planninq Area means the incorporated area and certain unincorporated
areas corttiguous to the incorporated area for which the C1TY 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 660-1 1 within the Active Planning Area.
4. The COUNTY shall not approve land divisions within the Active Planning Area
which would create lots less than 10 acres in size, unless public sewer and
water service are available to the property.
5. The COUNTY shall not approve a development in the Active Planning Area if the
proposal would not provide for, nor be conditioned to provide for, an enforceable
plan for redevelopment to urban densities consistent with CITY's Comprehensive
Findings - Page 2 of 6
• ~
Exhibit A
• Proposal No. 3888
Plan in the future upon annexation to the CITY as indicated by the CITY Compre-
hensive Pian.
6. Approval of the development actions in the Active Planning area shall be contin-
gent upon provision of adequate urban services including sewer, water, storm
drainage, streets, and police and fire protection.
7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active
Planning Area,
8. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here:
4
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 ailowed, and wifl not significantly reduce the level of services
available to developed and undeveloped land within the City of Tigard. The
services are:
I 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:
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:
Findings - Page 3 of 6
Exhibit A
Proposal No. 3888
a. The annexation eliminates an existing "pocket" or "island" of unincorporated
territory; or
b. The annexation will not create an irregular boundary that makes it difficult for
the police in an emergency situation to determine whether the parcel is within or
outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to
the city boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
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. There is an 8-inch City sewer line, within the Hunter's Glen subdivision, adjacent to
the eastern edge of 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.
Findings - Page 4 of 6
, Exhibit A
Proposal No. 3888
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. The territory is currently served by a 6-inch water line in SW Carmen 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 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 wi!l be automatically withdrawn from the District upon
annexation. The tax rate of $.6372 per $1000 assessed value will no longer be levied
on the praperty.
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 Functionaf Classification System designates SW Carmen
Street as a Local Street. It is Washington County's policy to retain jurisdiction over
major colfectors and arteriais, 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 Mainte-
nance District. Upon annexat+on 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.
Findings - Page 5 of 6
. .
Exhibit A
Proposal No. 3888
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
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 instailation ol' streei 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.
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with City, County, and Regional planning for the area.
2. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated
Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental
Structure (OAR 193-05-015).
Findings - Page 6 of 6
zco 9f -~~d
Agenda Item No. 3,_
Meeting of 3- c-~
TIGARD CITY COUNCIL
MEETING MINUTES - FEBRUARY 24, 1998
• STUDY SESSION I
i
> 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 (regular 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 year 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 Pazk.
Mr. Wegner reviewed the three work tasks of the program: planting trees in parks 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 areas 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 larger trees (3-inch caliper)
and fewer of them than they would plant in the natural areas. In natural azeas (without
irrigation) they would plant many small trees in imitation of nature's scattering of nuinerous
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
I , • •
was fairly standard, regazdless 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 azborist or
urban forest manager to handle the increasing number of natural area and forested properties the
City was rapidly acquiring. He stated that while the City pazk 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 Tigard Pazks & 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 Pazk
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 Pazk. 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 forward 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 shazed equipment
with the District. Mr. Wegner reviewed the existing cooperative agreements between the City
and other agencies (including school districts) to share 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 NIr. 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 Cityscape also. Mr. Wegner
commented that this report listed only general azeas 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 March
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 ICing 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 Tigard 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 Tigazd. He said that Tigard rrovided them the information on the tax rate as requested, and Kin
g
City dropped their request for additional information. He stated that the City of Tigard 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 parking lot south of McDonald's on SW 72"d Avenue. She said that she asked
City staff member Mazk Roberts about the back street in that azea that was included in the
Tigard street Plan to Provide needed connectivih' 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, Rohif 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 support 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 marked 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 area.
~
' 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
- ~ ~
, 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-JUDICIAL): 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 ptan and zoning from
Washington County R-5 to City of Tigard Low Density Residential, R4.5.
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 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 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.")
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.
ORDINANCE 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-JUDICIAL): 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 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 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 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 Deliberation: Ordinance 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 TIGARD AS DESCRIBED
IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED
EXHIBIT B.
Motion was approved by unanimous voice vote of Couricil present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-06.
The City Recorder read the number and title of the ordinance.
OR.DINANCE 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 50% 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 $11601ocal
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 106th 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 annexed 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 intert!sted 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 lO lots in this area that the
neighbors thought would work for the sewer program. Only one of those was not interested in
sewer. He reiterated that their main reason for requesting annexation was to access city sewer.
Mayor Nicoli pointed out that annexation was no guarantee 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 staff was looking for a lazger 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 forwazd.
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 cleaz 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 years, although they still had to be built to public standazds.
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 regarding 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 separate 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
• • ~
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 standards, 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 Tigazd, 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 pazking 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 adequately 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 staf-Fs recommendation to maintain the current policy. He observed ttiat 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
- • ~
Property Disclosure Law passed by the state legislature in 1993 that provided a"laundry list" of
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
vehicles 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
housing, something the City was being 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 yeazs, 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 ailowing
substandazd development today only created problems for tomorrow. He said tha£ 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
• ~
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 correct an error made on the initial
proposed assessment.
MoNon 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
COR.RECT 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
~#Or, City of Tigazd
Date:
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 16
• •
P1YIAL GBC FORItit 94
CERTIFIC,iT10N OF LEGAL DESCRIPTION A1VD itifAP
I he:ebv ce:ti"ry that the description oi che propert}r included within the attached peririon (located on
Assessor's Map
has been checked by me and it is a true and exact descriorion of the property under consideration,
and the desc:iprion corresponds to the attached mag indicating the properry under consideratien.
NAVINfl~
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DEPARTINMIN'T ~ 'i/2~fr°r'fi7~~i~r1" ~~GY
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19
Revised 11i93
L C K /O
• YISh.s~/ `'153/►hrL '(it/~i~/t~f ~ An~.Jl~+%'. •
PNIAL GBC FORM #6
B O UIVDAR Y CHA1vGE DA TA SHEET
1. E.YISTING CONDITIOjVS IjV ARF.A TO B.E ANiV.EYED OR WITHDRA y rW
A. Land Area: Acres 0-Q~ or Square Miles
B. General description of temtory. (Include topographic features such as slopes,
vegetation, drainage basiris, floodplain areas, which are pertinent to this proposal).
0.~1• /c>>~~~~~~: /,c~•~% jreI4 ~~~+'✓rc5
C. Describe land uses on surtoundin; parcets. Use tax lots as reEerence points.
iNotifl: i~ ~a~'"S Z'ri~GY'i ~'.$GZ7 .2.~~ - ~ ~^S✓~ ~.%~i!
EaSt: .l9~4 /0~ 7;3500 - <i' c,le
✓
. South:
West: %9x 4f.5 .~'~Lv 3/00
D. Existinc, Land Use:
Number of sinate-f3miiy units ~ vumber oF multi-family units
Number commercial s;ructures ~ Number industrial structures ~
Puolic facitities or other uses ~
Wnat is the current use the land oreoosed to be annexed:
E. Total current year Assessed Valuation S
Tocal existing population
I 11
Revised 11193
• • .
II. REASOrV FOR BOUIVDARY CHAN.JE
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
. cammission shall. considec Iocal comgrehensive planning foc the area, economic,
demographic, sociological_projections perrinent to the proposal, past and prospecrive
physical devetopments of land that would directly or indirectly be affected by the
proposed boundary change..." Considerin; these points, please pravide the reasons the
proposed boundary change should be made. Please be very specific. Use addirionai
pages if necessary. (This information is ofteZ quote3 in the Staff Report, so ba
thorough and complete.)
~ VG ~,%~/Y1.E7 ~ /'~c%L1~'Ci'~'C•~ !7l/ ~'"~~'.~~c~ ~J /~On~ C~ T`C C-~l"l
~ . ~
i
B. If the propecty to be served is entirely ar substantialty undeveloped, what are the plans
for future develooment? Be specific. Descrioe type (resideniial, industrial, commercial,
etc.), density, etc.
A~f7
T~ 7
IIL L41VD USE ANZ7 PL4:VNING
A. Is the subject territory to be develooed at this time?
B. Generaliv descrioe the anticioatzd develooment (bui[ding types, facilities, number of
units).
0/7c/ -&.%4 %~s r~
!t sl;'- ~C ~ do!-4
~
i
C. Is the subjact t;rritory inside or outside oi the Me:ro Regional Urban Grow-th
Boundar,,? ds
1 ~
Revised 11i93
. . ' • . •
D. What is the applicable Counry Planning Designarion?
or Ciry Planning Designation
Does the proposed development comply with applicable regional, counry or ciry
comprehensive plans? Ple3se describe.
E. What is the zoning on the territory to be served?
r ' ~•R ~
F. Can the proposed development be accomplished under current counry zoning?
❑ Yes ❑ No
If No,---has a zone chan;e bean sought irom the counry either formally or informally.
o Yes ❑ vo
Please describe outcome of zone change request if answer to previous quesrions was ,
Yes. •:~:.r~ 15~!'Q/J~ex4~b.,
i
G. Is the proposed developmenc comparible with the city's comprehensive land use plan for
;ne area? •
Yes ❑ No ❑ Ciry has no Plan for the area.
Has the proposed eeve!opment been discussed e:ther formally or informally with any of
tha foiiowin;? (Plessz indicate)
0 City Plannins Commission _K Ciry Plannin; Stsff
ci City Council ❑ Ciry Manager
Please descrioe the resction to thz prooosed development fron the persons or agencies
indicated above.
~ ve
,
/
13
RI-vised 11;`c-_,
• • • •
H. Please indicate all pecmits and/or approvais from a City, Counry, or Regional
Government which will be needed for tlle proposed development. If already granted,
please indicate date of approval and identifying number:
APPROVAL PROJECT DATE OF FUTURE
FILE m APPROVAL REQUIREVfENT
Metro UGB Amendment
City or County Pian Amendment
Pre-Application Hearina, (Ciry or Counry)
Preliminac;/ Subdivision Aporoval
~
Fina1 P1at Approval
Land Parririon ~10jjdo;S /o/L3/9
Conditional L'se
V ari ance ,
Sub-Surface Sewage Disposal I
~ Building Permit (
Please submit copies of proceedings relacing to any of the above permits or approvals
which are pertinent to the annexarion.
I. Ii a ciry and/or counry-sanc:ioned citizels' group exists in the area oi the annexation,
please Iist its name and addr~ess ot a contact person.
I % SFRYICES 4jVD UTILITIES
A . Plzase indicate the following:
l. Locativn and size oi nearest wacer line whicn can serve the subjecc arles.
~7 „ ~N~j7Cr ~nG ~,^.C' Wi! 11(ff"
14
Revised 11!93
. - • ~
2. Location and size of nearest sewer line which can secve the subject area.
r~ lt~)4
3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area l(.~ S~vrf-'
L, rv i~'(''✓~CG ~r~L'CJec/ %,~$h,~frfb~l ~^C !%.~Tr,,~>.
4. The time at which services can be reasonably provided by the city or district.
. ~,TMn•LCaI ~G ~
5. The estimated cost of extending sucn faciliries and/or secvices and what is to be
the meshad of financing. (Attach any sugporting documents.)
k1bnL Pw.4S5!2
6. Availabiliry of the desired senvice from any other unit of local government.
(Please indicate the government.)
~
~ 1 ~
I Reviszd 1 U93
_ , . . • • •
B. If the territory described in the proposal is presently included within the boundaries of
3ny of the following rypes of governmental units, glease so iridicate by stating the name
or names of the governmental units involved.
City Rural Fire Dist ~~i~'.~~;~~r I,a. ~~j~m--~•
Counry Service Dist. Sanitary District i icda IV/
Hwy. Lighring Dist. Water District
, Grade School Dist. Drainage District '
Hi;h School Dist. Diking District ~
Library Dist. i a,Alrldl Park & Rec. Dist.
5pecial Road Dist. Other Dist. Supplying Water Szrvice
C. If any of the above units are presentIy servicing the territory (for instance, are residents
in the territory hooked up to a puolic szwe: or water system), please so describe.
APPLICANT'S VAME ; ed vy.sSn~or~e_
tiiAILIi iG ADDRESS 12f~?C~
~lohq , v~2 9700 7
~
TELEPHO~+E NL': ER 15'571 (Work )
-~`IZ- C890 (Res.)
RE PRE S ENTING
D ATE:
~
16
Revised 11!93
. 0
PNIALGBC FOR1tiI #IS
PETITION FOR riNNE.YriTION TO THE CITY OF ~d , OREGON
TO: The Council of the City of i' 4l-c✓ Oregon
We, the undersigned properry owners of and/or registered voters in the area described below,
hereby peririon for, and give our cansent to, annexation of che area to the City of
77:4 ~ircl . If approved by the ciry, we further request that this petition be
forwarded to the Portland Metropolitan Area local Govemment Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The property to be annexed is described as follows:
Beginning at an iron rod on the South line of said Northeast quarter which bears
South 890 18' West, 1068.9 feet from the quarter corner on the East {ine of said
Section 4 and running thence North 1° 16' West, 325.0 feet to the true point of
beginning; thence North 10 16' West 331.10 feet to the centerline of County
Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence
along said centerline South 890 22' West, 132.65 feet, from which an iron bears
South 10 16 East, 30.0 feet; thence leaving said centerline South 10 16' East, 331.25 feet; thence North 890 18' East, 132.68 feet to the true point of
beginning.
17
Revised 11/93
• •
PALiLGBC FO&V -pur16
CERTIFIGiTION OF PROPFI2TY OWNERSHIP '
' - (Double MajoriryLfethod)
I hereby certify that the attached petition for annexarion of the territory described therein to the City
of contains the aames of the owners" of a majority of the land area of the
territory to be annexed, as shown on the last available complete 3ssessment roll.
N?~'1VE` /-'~~n
} 1
TITI.E _ ~~r o~zY~PhiV
~r
DEPr1R'I1ENT
COLTNTZ'Y OF
,
DATE
' "Owner" means the owner of the ritle to real oroperry or the contract purc:zaser of real
property.
PALiLGBC FORM -r"r17
CERTIFIGiTI01V OF REGISTERED VOTERS
I hereoy c,~tify that the attacned oetition for annexarion of territory desc:ibed he:ein to the Cirv of
contains the names of at 1e3s: a majorirv of L'ie
elec.ors regis; .ed in the territory to be annexed. 11Q J~-D~
vA-Nf E
TITLE - u Qsvt
~
DEP ARTMEVZ
COL'."ZY OF
i
DAiL ~ ~ ~ " ~ C~ ✓
1 s
Revised 11/93
• ~
P:tilaL GBC FORlvt m19
(Tnis form is XOT ihe petition)
aLL OWNERS OF PROPEr2TY r1NDiC?R REGISTFR.ED T/OTFRS I.VCLUDED I.V BObiVD,4RY
CF--LvGz ?ROPOS4L ARQ (To be completed LF the proposal contains 10 or fewe: land owners/reoistere3 vote:s.
?Iease indicace the name and 3ddress oi ail owne:sivocers re;srdless oi wne:ne: cney
si~ed an annexation earion or not T'nis '
~ p ) is roc noaiicanon purposes.
v:l~ Or OWti'ER,,VOiLR :~DDR: S S PROPEZTt! DESIGNA
iiOv
(Indicste tax !ot~ secr.an numbe;,
lOwRSi11D 351d R371la_)
1 0 16,17,11 J 1~17G .2 S lb Lt r4 D 0-.5 S OQ
~QYtf'Y~N~1 ~
^
i
.
01)
C)
:'J
R~:iseA 1 ,,c3
• • .
P:tiIr1L GBC FORILI #19 (continued)
(7'his form is iVOT che petrtion)
ALL OWNERS OF PROPERT'f AND/OR REGISTCRED vQTERS I.rICLUDED IN BOCrT1DARY
CH.4NGc PROPOSAL ARF-4 -
(To be compleced IF the proposal contains 14 or iewer land owners/registered voters. Please
indicate the name and address of all ownersJvocers regardless of whethe- they signed an
annexarion perition or not.) This is for notiiicsrion purposes.
N.AME OF OW'NERNOTER ADDRESS PROPERTY DESIGNA iION
(Indicate tax lot, secaon number,
Townsnip and Ran;e)
(9)
(10) . =1
Revised 111193
• •
P_ytAL GBC FORtiI #30
~ DOGBL: XI4IORITY i-VORK SF~E-:777
Please tis: all prooertiesiregistered voterS inciuced in the proooszl. (If needed, use sepazate saeet for
zddiuonal lis:ings). _
PROPERTIES
Prope:ty Assessed Sineci Pention
Designadon Vame oi Owne: :~c:es Vslue Yes ~ia
(Tax Lot Ts) I
2 5 A A-o 03300 I I I I I I
I ( I I I
I I I I I
I ~ ~ ( I I
I I I ( I
~ I I I I I
I I I I I.
i i! I I I
! I i ! I ! I
( I ~ i I I
T
10 T..s
R_viszd 1,53
. PMAL GBC FORItif,',20 (continued) ,
REGISTE'RED VOTERS
ADDRESS OF REGISTERED ~N:~~lE OF REGISTERED SIGNED PETI70N
V'oter Voter Yes I No
( i I 1
1 I I i
{ i
{ I 1 I
I I 1 I
I I 1 E
I i {
, TO?:ki.S ( I I i ~
SUl-~L~RY
TOTAL tiZNEBER REGISTERED VOTERS Iv PROPOS AL ~
i NNZ.tif3ER OF REGISTERED v'OTERS ~Y-HO SiGLNED ~
PERCE~+-I' AGE Or RcGISTER: D V0-113,5 WkO SIGv-ED
TOTAL ACRE AGE IN PROPOSAI,. ° ~,2
ACREAGE SIG\-ED FOR s GIo~- I'Z2~ ~
s'
PERCENI' AGL OF ACRE AGE SIGvED FJOR
?3
Revised 111193
r • •
r
AGENDA ITEM r
FOR AGENDA OF: Februarv 24, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE__ Zone Change Annexation (ZCA) 98-0002 - Fisher/Passmore Walnut Street
Annexation
, /
~
PREPARED BY: Julia Powell HajdukCp DEPT HEAD OK /t/ LCITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Tigazd City Council forward to the Portland Metropolitan Area Local Government Boundary
Commission a request to initiate annexation of one (1) parcel of land consisting of .92 acres located at 12920 SW
Walnut Street, south of SW Walnut Street and west of SW 128th Avenue?
STAFF RECOMMENDATION
Adopt the attached Resolution and forwazd the request for annexation to the Boundary Commission and adopt the
attached Ordinance to assign comprehensive plan and zoning designations to the subject property in conformance
with the City of Tigard Comprehensive Plan.
INFORMATION SUMMARY
The proposed annexation consists of tenitory comprised of one (1) parcel of land, totaling .92 acres which is
contiguous to the City of Tigard. The property is currently developed with a single-family residence. The property
owner has received approval for a three (3) lot partition (MLP 97-0015) with the condition that the property be
annexed. 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 tenitory is within the City of Tigard's Active Planning Area, the City is responsible for paying the
Boundary Commission application fee of $225 by City Council Resolution.
COUtiCIL AGE`DA t7'EM SUMMARY i:\cirywidelsum\zca98-02.sum
Page l of 1 Julia P H 10-Feb-98 4:55 P.%9
\
•ITY OF TIGARD, OREGON •
RESOLUTION NO. 98-
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE
ANNEYATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE
CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER
[LLUSTRATED IN "EXHIBIT B".
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131 st
Avenues; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and
~
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half 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
Rt:SOLUftoN No. 98• i:\citywide\res\zca98•02.rcs
Page l of I 1ulia P H 10-Feb-98 1:59 PNi
DxxrBlT A
EXHIBIT `A' Leqal Description for{ZCA~98-0002
Beginning at an iron rod on the South line of said Northeast quarter which bears
South 89° 18' West, 1068.9 feet from the quarter corner on the East line of said
Section 4 and running thence North 10 16' West, 325.0 feet to the true point of
beginning; thence North 1° 16' West 331.10 feet to the centerline of County
Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence
along said centerline South 89° 22' West, 132.65 feet, from which an iron bears
South 1° 16' East, 30.0 feet; thence leaving said centerline South 10 16' East,
331.25 feet; thence North 89° 18' East, 132.68 feet to the true point of
beginning.
i
13 ~i
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s pUTS1DE OF TTE HE Gl-r{ LIMITS
tNa1CATE yVITHi~ NEX~D
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•ITY OF TIGARD, OREGON ~
+ ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/P'ASSMORE WALNUT 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 one (1) pazcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; 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.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be designated as follows:
Tax Map/Lot Number
2S 104AD, Tax Lot 03300
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 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, vlayor
Approved as to form:
City Attorney
Date
ORflfNANCE No. 98- iAcitywide\orcnzca98-02.orci
li Page 1 of l lulia P H I 1-Feb-98 I:43 P.N1
• •
' Agenda Item:
Hearing Date: Februarv 24, 1998 7:30 PM_
- STAFF REPORT T0'THE . . : . • . CITY COUNCIL ' , • CITY OF TIOARD
Comnrurrity Devefnpmerct
: , - FOR7HE CIT1f OFTtGARDAREGON shaping A 8~Comuudv
SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: FISHER/PASSMORE WALNUT STREET ANNEXATION
Zone Change Annexation (ZCA) 98-0002
PROPOSAL: To annex one (1) parcel of .92 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: Fisher Properties Trust
7501 SW 195th Place PO Box 11370
Aloha, OR 97007 Portland, OR 97211
CURRENT
ZONING
DESIGNATION: The current County zoning designation is R-5.
RECOMMENDED
ZONING
DESIGNA710N: 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.
LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300.
APPLICABLE
REVIEW
CRITERfA: 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
18.13$.
SECTION il. STAFF RECOMMENDATION
I' Staff recommends that the Council find that the proposed annexation will not adversely
I affect the health,'safetl 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 t OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING
i ~ SECTION III. BACKGROUND INFORMATION
Site Historv:
The property is currently developed with a single-family residence. The property owner
obtained Minor Land Partition approval (MLP 97-0015) to partition the lot into three (3) parcels. The approval had several conditions, one (1) of which was to annex into the City
and hook-up to city sewer. No other development cases were found to have been filed with I
the City for this property. '
Vicinitv Information:
The subject site is .92 acres on the south side of SW Walnut Street. The property has
approximately 132 feet of frontage on SW Walnut Street. The existing city boundary runs
along the northem, eastem and westem boundary line of the site. The site and the property
directly to the south are within the urban growth boundary but outside of the Tigard city
limits.
Site Information and Proposal Description:
The site is bordered to the north, east and west by property inside of the city limits that are
zoned R-4.5. The property is bordered on the south by land that is outside of the Tigard city
limits but inside Tigard's Urban Growth Boundary. The proposal is to annex into the City of
Tigard in order to comply with conditions of approval required by MLP 97-0015.
The applicant has requested that the .92 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, the applicant has initiated this action 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. The staff report and decision for MLP 97-0015 indicates that adequate
services are available and may be extended to accommodate the affected property.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBIIC HEARING
, • •
Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
surrounded on all sides excluding the south, 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 objections. The affected
land is located within the City's Urban Planning Area and is contiguous to the city boundary.
Adequate services are also available to accommodate the property.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
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 deterrnination 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 property meets 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 property owners directly north of the site
to ask if they wanted to join the annexation. Staff has contacted these property owners and
has sent the necessary forms in the event they wish to modify the annexation. If they chose
to annex and if Council supports their annexation requests, the Resolution and Ordinance
will be amended to include these additional lots.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT 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 Communications and GTE have had
the opportunity to review the proposal and have offered no objections.
• : B'ASED, ON THE fINDINGS:INDICATED ABOVE, .
YPLANNING:STAFF RECOMMEND3:APPROVAL OF . , .
ZONE "CHANGE.ANNEXATION-(ZCA);97=0002 =fISHER/PASSMORE `
. . ~WALNUT STREET:ANNEXATION. , ` . .
February 11, 1998
PREPARED BY: Julia Powell Hajduk DATE
Associate Planner
~
-~'4 ~ - - Februarv 11, 1998
APPROVED BY: Richard Bewersdo DATE
Planning Manager
i:\curplntiulia\annex\zca98-02.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING
ITY OF TIGARD, OREGON ~
~
ORDINANCE NO. 98-05
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT 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 one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; 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 Densiry
Residential.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be designated as follows:
Tax Maa/Lot Number
2S 104AD, Tax Lot 03300
Current Comprehensive Plan Designation New Comnrehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zonins 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 U`1 ~l fUfto l.t S vote of all Council members present after being read by number and title
only, this day of ...2~aAA~~,~1~- , 1998.
ath erine Wheatley, City Recorder
APPROVED: By Tigazd City Council this o~'/~ day o , 998.
0/,
Ja s ico(i, Mayor
App ved as to form:
Cit ttorney
Date 2 ` -2- 4-
ORDINANCE No. 98- i:kitywidelord\zca98-02.on1
Page 1 of 1 ]ulia P H 1 I-Feb-98 1:43 PM
' ~ITY OF TIGARD, OREGON •
~
` RESOLUTION NO. 98-1 `t
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE
CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER 'i
ILLUSTRATED IN "EXHIBIT B".
i
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of I
one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131st
Avenues; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half 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 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.
or - City of Tigard
ATTEST:
Certified to be a Ta'ue Copy of
City Recorder - City of Tigard Uriginai On fole a+ r
4P Bv . a-lwd
Date Csty Recorder - City of i rd
Date: 3I 3 /qg ,
RFSOLlJf10N NO. 98- iAcitywide\[es\ZCa98-02.[rs
Page 1 of 1 Julia P H 10-Feb-98 4:59 PM
~ • ExxzsIT A
EXHIBIT `A' l.eqal Description forrZCA)98-0002
Beginning at an iron rod on the South line of said Northeast quarter which bears
South 890 18' West, 1068.9 feet from the quarter corner on the East line of said
Section 4 and running thence North 10 16' West, 325.0 feet to the true point of
beginning; thence North 10 16' West 331.10 feet to the centerline of County
Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence
along said centerline South 89° 22' West, 132.65 feet, from which an iron bears
South 10 16' East, 30.0 feet; thence leaving said centerline South 10 16' East,
331.25 feet; thence North 890 18' East, 132.68 feet to the true point of
beginning.
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~yv►,"r-\ ti ~ITBE ANNE7(,ED
IN~ICATES aREA WEATO
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AFTER RECQROING $ETURL[ TO:
CitY ~ of T'9ard
Records Department
13125 SW Hall 81vd. Y9-_L`~ ~ q -7 06 7
Tigacd, OR 97223 ,
k-z
F_
NO CHANGE itd TAX STATEMENT ~ 4 3
CONSE T TO ANNEXATION F_OR PROViS ON OF UR9AN SERVICE
~ I
WHEREAS, the undersigned warrant that they
are the sole owners of real property in Wash+ngton County, Oregon, which is located outside
the corporate limits of the City of Tigard, and is described:
IN EXHIBIT "A", ATTACHEO HERETO, AND INCORPORATED BY REFERENCE HEREIN
and have apptied for permission to connect to the sewer system owned and operated by the
City of Tigard; and the undersigned understand that:
1. This agreement is a binding contract between the City of Tigard and all persons who
presently have an interest in the property or who acquire irt interest in the property in
the future.
2. The City has a right to refuse to extend senrices beyond its corparate limits and in
= consideration of this agreement will require the undecsigned to agree to annexation
and to waive the right to remonstrate and io vote on the annexation.
3. State law provides that annexation may take piace in a number of ditferent ways.
Some methods invoive a wntten consent to annex and some methods include the right
to remonstrate against the annexation andlor involve the right tv vote on the
aht*xation. Some methods require the City of Tigard to frie a Notice of Intent to
Annex with the 6oundary Cammissian. State law provides that a consent to annex is
valid for a one-year period untess the time iimit is exp►essly waived.
4. Fa+lure by any party having an interest in the property affected by this agreement to
adhere to the tertns of this agreemeni entitles the City of Tigard to discontinue ihe
service.
uannex.aoc tosn 2
. ' . ~ •
NOW, THEREFORE, in the event the City of Tigard, in its discretion, furnishes sewer service to
the above described land, then in consideration and as a condition of such furnishing of sewer
service the undersigned and each of them, for themselves and for their successors in interest,
agree and convenant to the City of Tigard and to the present and future owners of any property
affected by the furnishing of City sewer ser.vice to which this convenant and agreement relate that:
1. The undersigned agrees to waive the requirement that a Notice of Intent to annex be filed
with the Boundary Commission or any other prerequisite to annexation set forth in state law
at the time of annexation.
2. Annexation of this property may take place by any means allowed by state law at the time
I~ of annexation, and this agreement constitutes an agreement to annexation by any method selected by the City.
3. In the event the type of annexation used involves a written consent to annexation, this
agreement constitutes a consent to annexation. It shall be used as a consent for each
required consent if the property owner satisfies the requirements set forth by law. Further,
the agreement constitutes an express waiver of the one year limitation on the consent form
and the undersigned intends this consent to be valid in perpetuity. For administrative
purposes, the undersigned agrees to sign the requisite consent forms and the waiver of the
one-year period at the time of executing this agreement.
4. In the event the type of annexation used involves the right to remonstrate, this agreement
constitutes a waiver of the right to remonstrate and a remonstrance by anyone having an
interest in the property affected by this agreement shall be void.
-
5. In the event the type of annexation used involves a vote, this agreement constitutes a
waiver of the right to vote on the annexation. by a person in possession or ownership of the
property who is qualified to vote on the annexation. Further, those persons shall be
counted as a yes vote on the annexation.
6. Upon extension of the sewer service to the property, the property will be connected to the
City's sewer service system and will pay the charges and
fees imposed by the City for the connection and service.
7. The property owner hereby agrees to pay the City of Tigard Park Systems Development
Charge prior to the issuance of a sewer permit for any new dwelling unit.
I:lannex.doc (DSn j
~
I~8. This covenant and agreement shall run with the land, shall be recorded in ttie Washington
County deed records an shall be binding on the undersigned and all successors in interest
of any property affected by the furnishing of domestic water to any property described by
this agreement.
9. Should any portion of this agreement be declared void by a court of law, the remaining
portions of this agreement shall remain in full force and effect.
Dated 19 1~, Signatur of ow r(s):
I I
SI , E SIGNATURE
SIGNATURE SIGNATURE
SIGNATURE SIGNATURE
STATE OF OREGON )
) SS.
~ ) )
COUNTY OF v
Personally appeared before me on the day of
~ 1 9c 7,r".A;4 Z,r
who acknowledged that the foregoing was his voluntary act and deed.
OFFlCIAL $~AL
JEFFREY T CI(dE8
NOTAHY FUBUC - OREGON
OWMMDNSOCT COMMISSI ON NO. 058860
Notary u i Of regon
My C m s ion Expires: 16 zj ~
Accepted on behalf of the City of Tigard this day of 1995.
Signature
Title
I:/annex.doc (DSn 4
1.;17:97 !1'ED 13:~13 FAT 51132~:~4 OREG --\1--'--
.ON TITLE
=MET.ROSCAN PR4PEXtTY 1DFtOFIL~=
Wnshangtnn (OR)
Lowl!K]KSW nFo~a~roN _
Reference Parcel # : 2S104Ab 03300
Parcel Number : R0480544 RTSQ: O1RT -025 -04 -1VE
(himer : Fisher Thomas L Trustee
CnOta~7er :
SiteAddress : 12920 SW Walniit St Po.rtland 97223
tLlai] Address : PC7 Box 11370 Partland Ox 97211
Telcphnne ; Ownew: 7eitant: 503-390-2607
S.ALES AND LOAN I.N'FQRMATIO..[v[[
'1'ransferreil : 04/14/97 Loan.4n:aunt : $147,500
Document i~ ; 33805 Lc:nder : Miscellaneous
,4alePrice ; $167,500 LaanType : Conventional
Deed Typc' :WaPrln.Cy Intere.ct Rate : k'ixed
5f~ OHmed : 100 L•'esting Type :
ASSESSNENf AND TAX Ir1F'ORMATIDI+i
Lnnit : $60,720 Exempt.4mounC ;
Siructure ; $6a,640 fxempt Tvpe :
Other . °i6lmpraved :52
Total ; $125,360 Ler;y Code ; 0237$
96-97 Tcyxes : $ t,499.50 School Iaist :
JP1aOPE1tTY DESCRYPT10x
A.1ap Grid : 655 134 Class Corle : R13
Censt~s ' Tract. 319.01 Bloek; 1
A'brhdCd : WDML NfillRate ;
Sub!Plat :
Gand Use ; 1012 Res,Innpraved
Legal : ACKES .92
pRUPERTY CHARACTER,IgTICS
Beilrooms : 3 LotAcres ;.92 )'ear 13uilt : 1930
Bathrooms : 1.00 Lot SqD -40,075 EffFearBlt : 1930
H, cat Method: Flz1wa11 BwiFin 5''F : Flonr Cover : Ca,pet
Pool : Bsm UnfrnJ`F ; Faundniron : Concrete Ftg
llppliances : 8snrLoxSF : RnofShnpe : i
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CITY OF TIOARD
Community Develvpment
' Sfraping A Better Community
CITYOFTIGARD
Washington County, Oregon
HOTICE OF FINAL ORDER a BY TNE TIGARD CITY COUNCIL
Case tvumber(s): IONE CHANGE ANNEIIATION QCA] 98-0002
Case Name(s): FISNER/PASSMORE WALNUT STREET ANNEMATION
Name of Owner: Fisher Properties Trust
Name of Applicant: Fred Passmore
Address of Applicant: 7501 SW 195th Place Citv: Aloha State: Oreqon Zip: 97007
Address of Property: 12920 SW Walnut Street Citv: Tiqard State: Oreqon Ziq: 97223
Tax Map & Lot No(s).: WCTM 2S104AD, Tax Lot 03300.
Request: ➢ The applicant has requested to annex .92 acres of property into the City of Tigard and
change the zoning from County R-5 to City of Tigard R-4.5.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Zone: Upon Annexation into the City of Tigard, the new zoning designation will be changed to
Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is to
establish standard urban low density residential sites.
Action: ➢ O Approval as Requested ❑ Approval with Conditions 0 Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
O Owners of Record within the Required Distance O Affected Governmental Agencies
O The Affected Citizen Involvement Team Facilitator 19 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 98-0002 FlSHER/PASSMORE WAWUT ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL
ZCA 98-0002
FISHER/PASSMORE WALNUT STREET Fred Passmore
ANNEXATION 7501 SW 195th Place
Aloha, OR 97007
Fisher Properties Trust
P.O. Box 11370
Portland, OR 97211
.r
CITY OF TIGARD
;':::::.~::.:..`:J'!::''!:'i:::•:i~:i::i::.•'.~:::: :v:.
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PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-
up sheet(s). lf no sheet is available, ask to be recognized by the Mayor at the beginning of that
agenda item. Visitors 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) of 684-2772 (TDD - Telecommunications Devices for the Deafl.
Upon request, the City will also endeavor to arrange for the foltowing services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
II
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 {isted above: 639-4171, x309 (voice) or
684-2772 (TDD - Telecommunications Devices for the Deafl.
. SEE ATTACHED AGENDA
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 1
~
~ • AGENDA
TIGARD CITY COUNCIL BUSINESS MEETfNG
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
potentiat annexation.
> 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.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & local Contract Review Board
1.2 Roll Cati
1.3 Pledge of Altegiance
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 7ransportation (ODOT) -
Resolution No. 98-
• Consent Aaenda -/tems Removed for Separate Discussion: Any items
requested to be removed from the Consent Agenda for separate discussion
will be considered immediately after the Council has voted on ihose items
which do not need discussion.
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 2
4 CALL FOR PUBIIC INPU7: STOP S{GNS AT SW SURNHAM STREET AND SW MAIN
STREET
• Staff Report: City Engineering Department
• Public Testimony
• Councii Questions/Comments
• Council Motion: Approving the installation as a permanent one; or, calling for the
removat of the installation.
5. PUBLIC HEARtNG (4UASI-JUDIClAL) - 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 5treet; WCTM 2S103AC, Tax Lot 02000 and 11370
SW Fonner Street, WCTM 2S103AC, Tax Lot 2101.
APPLICABLE REVIEW CR1TERfA: 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 Pub{ic Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
6. PUBl1C HEARING (QUASI-JUDICIAL) - FISHER/PASSMORE WALNUT STREET
ANNEXATION - ZCA 98-0002
A request to annex one parcel of .92 acres unincorporated Washington Counry 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. Decfarations or Chatlenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttaf)
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
. ' •
7. PUBLIC HEARING (QUASI-JUDICIAL) - 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.
LOCATlONS: 11760 SW Carmen Street; WCTM 2S103BD, Sax Lot 02300
APPLICABLE REVIEW CRtTERIA: Tigard Comprehensive P1an 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. Decfarations 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. RE1ltEW 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 POl1CY ALLOWING PRIVATE STREETS AND RESPONSIBILITY
FOR MA{NTENANCE OF PRIVATE S7REETS.
• 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), & (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 aflowed
to attend this session, but must not disctose any infortnation discussed during this
session.
12. ADJOURNMENT
a:98transfer.agendap
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 4
,
. • II
AGENDA ITEM
FOR AGENDA OF: Februarv 24, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone ChanQe Annexation (ZCA) 98-0002 - Fisher/Passmore Walnut Street
Annexation
, ,
PREPARED BY: Julia Powell HajdukCp DEPT HEAD OK /r/ ~ 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 one (1) parcel of land consisting of .92 acres located at 12920 SW
~
Walnut Street, south of SW Walnut Street and west of SW 128th Avenue.
STAFF RECOMMENDATION
Adopt the attached Resolution and forward the request for annexation to the Bound Commission and adoPt the
attached Ordinance to assign comprehensive plan and zoning designations to the subject property in conformance
with the City of Tigard Comprehensive Plan.
INFORMATION SUMMARY
The proposed annexation consists of territory comprised of one (1) parcel of land, totaling .92 acres which is
contiguous to the City of Tigard. The property is currently developed with a single-family residence. The property
owner has received approval for a three (3) lot partition (MLP 97-0015) with the condition that the property be
annexed. Attached is a Resolution initiating annexation and an Ordinance to change the comprehensive p(an 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 "Goa12."
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 $225 by City Council Resolution.
COUNCIL AGENDA 17'E;N SUMMARY i:\citywide\sum\zca98-02sum
Page 1 of I lulia P H 10-Feb-98 4:55 Ptit
~ITY OF TIGARD, OREGON •
RESOLUTION NO. 98-
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANCE
ANIVEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO 'CHE
CI'I,Y OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER
ILLUSTRATED IN "EXHIBIT B".
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131 st
Avenues; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half 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
ATTES'C:
City Recorder - City of Tigard
Date
RGSOLUTIoN No. 98- ' i:\citywide\res\zca98-02.rcs
Pagc I of 1 Julia P H 10-Feb-98 4:59 P%l
EXH7BIT A EXHIBIT `A' Le al Descri tion fo ZCA 98-0002
Beginning at an iron rod on the South line of said Northeast quarter which bears
South 891 18' West, 1068.9 feet from the quarter corner on the East line of said
Section 4 and running thence North 10 16' West, 325.0 feet to the true point of
beginning; thence North 10 16' West 331.10 feet to the centerline of County
Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence
along said centerline South 890 22' West, 132.65 feet, from which an iron bears
South 10 16' East, 30.0 feet; thence leaving said centerline South 10 16' East,
331.25 feet; thence North 89° 18' East, 132.68 feet to the true point of
beginning.
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~ITY OF TIGARD, OREGON ~
ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT 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 one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; 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
repor[ 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.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexatian, the affected property shall be designated as follows:
Tax Map/Lot Number
2S 104AD, Tax Lot 03300
Current Comprehensive Plan Designation New Comprehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zonin-g 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 City Council this day of , 1998.
James Nicoli, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 98- i:\citywidelorcllzca98-02.oni
Page 1 of l ;,ulia P H I 1-Feb-98 1:43 PM
. • ~
Agenda Item: Co
Hearing Date: Februarv 24, 1998 7:30 PM
" STAFF REPORT T0'TNE . . • • ' CITY'COUNCIL , . , • - • ' CffY OF TIOARD
• - Commw►ity Dtvefopment '
- FOR TNE~CITY OF TCGARD, OREGON 5~~~*tta Co~ty
SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: FISHER/PASSMORE WALNUT STREET ANNEXATION
Zone Change Annexation (ZCA) 98-0002
PROPOSAL: To annex one (1) parcel of .92 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: Fisher Properties Trust
7501 SW 195th Place PO Box 11370
Aloha, OR 97007 Port4and, OR 97211
CURRENT
ZONING
DESIGNATION: The current County zoning designation is R-5.
RECOMMENDED
ZONlNG
DESIGNATION: !t 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.
LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300.
APPLICABLE
REVIEW
CR{TERIA: 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 11. STAFF RECOMMENDATION
Staff recommends that the Council find that #he proposed annexation will not adverse4y
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 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIG HEARING
• • .
SECTION III. BACKGROUND INFORMATION
Site Historv:
The property is currently developed with a single-family residence. The property owner
obtained Minor Land Partition approval (MLP 97-0015) to partition the lot into three (3)
parcels. The approval had several conditions, one (1) of which was to annex into the City
and hook-up to city sewer. No other development cases were found to have been filed with
the City for this property. ~
Vicinitv Information:
The subject site is .92 acres on the south side of SW Walnut Street. The property has
approximately 132 feet of frontage on SW Walnut Street. The existing city boundary runs
along the northem, eastem and western boundary line of the site. The site and the property
directly to the south are within the urban growth boundary but outside of the Tigard city
limits.
Site Information and Proposal Description:
The site is bordered to the north, east and west by property inside of the city limits that are
zoned R-4.5. The property is bordered on the south by land that is outside of the Tigard city
limits but inside Tigard's Urban Growth Boundary. The proposal is to annex into the City of
Tigard in order to comply with conditions of approval required by MLP 97-0015.
The applicant has requested that the .92 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, the applicant has initiated this action 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 (TVF&R) have all reviewed the annexation request and have offered
no objections. The staff report and decision for MLP 97-0015 indicates that adequate
services are available and may be extended to accommodate the affected property.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24198 PUBLIC HEARING
.
. • •
Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
surrounded on all sides excluding the south, 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 objections. The affected
land is located within the City's Urban Planning Area and is contiguous to the city boundary.
Adequate services are also available to accommodate the property.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
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 property meets 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 property owners directly north of the site
to ask if they wanted to join the annexation. Staff has contacted these property owners and
has sent the necessary forms in the event they wish to modify the annexation. If they chose
to annex and if Council supports their annexation requests, the Resolution and Ordinance
will be amended to include these additional lots.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEAFiING
/
~ • 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 Communications and GTE have had
the opportunity to review the proposal and have offered no objections.
. . - . . - = ~BASED'ON,THE FINDINGS INDICATED ABOVE,
PLANNING STAFF.R,ECOMMENDS~AP,PROVAL~ OF . : . ,
~ ZONE CHANGE ANNEXATION~(ZCA)'97=0002 'FISHER/PASSMORE
. . - - . " WALNUTSTREET, ANNEXATION. . . . . ,
Februarv 11, 1998
PREPARED BY: Julia Powell Hajduk DATE
Associate Planner
~ - - Februarv 11. 1998
--Q,4 APPROVED BY: Richard Bewersdo DATE
Planning Manager
i:\curpln~ulialannex\zca98-02.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24198 PUBLIC HEARING
i •
AGENDA ITEM
FOR AGENDA OF: Februarv 24, 1948
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
' ISSUFJAGENDA TITLE Zone Changie Annexation (ZCA) 98-0002 - Fisher/Passmore Walnut Street
Annexation
~
PREPARED BY: Julia Powell HaidukCfv DEPT HEAD OK /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 one (1) parcel of land consisting of .92 acres located at 12920 SW
Walnut Street, south of SW Walnut Street and west of SW 128th Avenue?
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 property in conformance
with the Ciry of Tigard Comprehensive Plan.
INFORMATION SUMMARY
The proposed annexation consists of territory comprised of one (1) parcel of land, totaling .92 acres which is
contiguous to the City of Tigard. The property is currently developed with a single-family residence. The property
owner has received approval for a three (3) lot partition (MI,P 97-0015) with the condition that the property be
annexed. 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 "Goa12."
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 $225 by City Council Resolution.
COUNCIL AGENUA 17EM SUMMARY i:\CitywidC\sUm\2Ca98-02.SUn1
Page 1 of 1 lulia P H 10-Feb-98 4:55pM
I
& TY OF TIGARD, OREGON •
RESOLUTION N0. 98-
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFEREED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE
CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER
' ILLUSTRATED IN "EXHIBIT B".
. WHEREAS, the Tigard City Council held a public hearina on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131st
Avenues; and
WHEREAS, the proposed annexation constitutes a ininor 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 fi•om a majority of the electors registered in the territory proposed to be annexed and
written consc-nt 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 Enhancea 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 ro ORS 199.490(2)(a)(B), hereby initiates proceedings
for annexation into the City of Tiaard, 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
RESOUJIION NO. 98- i:kitywide\rcs\zca98-02.►es
Page I of 1 Julia P H 10-Feb-98 4:59 PM
0 9 £XHIBIT A
EXHIBIT `A' Leqai Description for{ZCA~98-0002
- Beginning at an iron rod on the South line of said Northeast quarter which bears
South 89° 18' West, 1068.9 feet from the quarter corner on the East fine of said
Section 4 and running thence North 10 16' West, 325.0 feet to the true point of
beginning; thence North 1° 16' West 331.10 feet to the centerline of County
Road No. 934 from which an iron rod bears South 11 16' East, 30.0 feet; thence
along said centerline South 891 22' West, 132.65 feet, from which an iron bears
South 10 16' East, 30.0 feet; thence leaving said centerline South 10 16' East,
331.25 feet; thence North 890 18' East, 132.68 feet to the true point of
beginning.
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0 TY OF TIGARD, OREGON •
ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHERIPASSMORE WALNUT 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 one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; 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.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS A5 FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be designated as follows:
Tax MaplLot Number
2S 104AD, Tax Lot 03300
Current Comprehensive Plan Designation New Comurehensive Plan Designation
Wash. Co. R-5 Low Density Residential
i
Current Zoning New Zoniny,
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
ORDINANCE No. 98- i:\citywide\occl\zca98-02.ord
Pagc 1 of 1 lulia P H I I-Feb-98 1:43 PM
• •
Agenda Item:
Hearing Date: Februarv 24,1998 7:30 PM
. _ = - . . . . :
STAW~ REPORT T0"THE.
• ,r. ~,t,.~ • . . . . , ,C1TY.COUNCIL , . . CITY OF nOARD '
FOR`TNE CITY OF TIGARD, OREGON ~~ty
. .
.
_ . . . . . . . SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: FISHER/PASSMORE WALNUT STREET ANNEXATION
Zone Change Annexation (ZCA) 98-0002
PROPOSAL: To annex one (1) parcel of .92 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: Fisher Properties Trust
7501 SW 195th Place PO Box 11370
Aloha, OR 97007 Portland, OR 97211
CURRENT
ZONING
DESIGNATION: The current County zoning designation is R-5.
RECOMMENDED
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.
LOCATION: 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.
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 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING
~ i
SECTION II1. BACKGROUND INFORMATION
Site Historv:
The property is currently developed with a single-family residence. The property owner
obtained Minor Land Partition approval (MLP 97-0015) to partition the lot into three (3)
parcels. The approval had several conditions, one (1) of which was to annex into the City
and hook-up to city sewer. No other development cases were found to have been filed with
the City for this property.
Vicinitv Information:
The subject site is .92 acres on the south side of SW Walnut Street. The property has
approximately 132 feet of frontage on SW Walnut Street. The existing city boundary runs
along the northem, eastem and westem boundary line of the site. The site and the property
directly to the south are within the urban growth boundary but outside of the Tigard city
limits.
Site Information and Proposal Description:
The site is bordered to the north, east and west by property inside of the city limits that are
zoned R-4.5. The property is bordered on the south by land that is outside of the Tigard city
limits but inside Tigard's Urban Growth Boundary. The proposal is to annex into the City of
Tigard in order to comply with conditions of approval required by MLP 97-0015.
The applicant has requested that the .92 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, the applicant has initiated this action 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 (NF&R) have all reviewed the annexation request and have offered
no objections. The staff report and decision for MLP 97-0015 indicates that adequate
'services are available and may be extended to accommodate the affected property.
II
I STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING
• •
' Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
surrounded on all sides excluding the south, 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 objections. The affected
- land is located within the City's Urban Planning Area and is contiguous to the city boundary.
Adequate services are also available to accommodate the property.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
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 property meets 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 property owners directly north of the site
to ask if they wanted to join the annexation. Staff has contacted these property owners and
has sent the necessary forms in the event they wish to modify the annexation. If they chose
to annex and if Council supports their annexation requests, the Resolution and Ordinance
will be amended to include these additional lots.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING
0 •
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 Communications and GTE have had
- the opportunity to review the proposal and have offered no objections.
, BASED ON THE FINDINGS INDICATED ABOVE,
PLANNING STAFF- RECOMMENDS AP.PROVAL OF
ZONE CHANGE ANNEXATION.(ZCA) 97-0002. - -FISHER/PASSMORE
STREETANNEXATION:'
Februarv 11, 1998
PREPARED BY: Julia Powell Hajduk DATE
Associate Planner
EL ~ . _ Februarv 11, 1998
APPROVED BY: Richard Bewersdo DATE
' Planning Manager
i:\curplnyulia\annex\zca98-02.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING
. ~
~a;
r
CITY OF TIGARD
,January 21,1998 OREGON
Waiter and Debi Lorence
12950 SW Wa{nut
Tigard, OR 97223
RE: Annexation of property at 12920 SW Wainut Reference file number: ZCA 98-0002
Dear Mr. and Mrs. Lorence:
The City of Tigard is processing an annexation request for your neighbor
at 12920 SW W ainut Street. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 12950 SW Walnut 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,
O
Julia Powell Hajduk
Associate Planner
iAcurplny ulia\98•02-01.doc
c: Jim Wolf, Tigard Police Deparkment
1997 Planning correspondence file
ZCA 98-0002 land use file
I
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
% C4 ~~-ooo Z
• ' • Y' S~~SS~tv✓c - Gt/9~~Iv~ Sfz N~nvra I'i-a
PMALGBC FORM #6
BOUNDARY CHANGE DATA SHEET
1. EXISTING CONDITIONS IN ARFA TO BE ANNFXFD OR WITHDRAWN A. Land Area: Acres 0~~v2 f'~~'-ES • or Square Miles
B. General description of territory. (Include topographic features such as slopes,
' vegetation, draina;e basiris, floodplain areas, which are pertinent to this proposal).
A'Lt-VST Leve-L S~TE w LTM N-G Pe2-r i nc er.jT F_L-vnES
C. Describe land uses on surrounding parcels. Use tax lots as reference points.
Nocth: ~►x l.eT -2-~00- SnrL-LE PtmiLY
East: ~i I~X l.t.~'~ :31tG'~ n.~C--c„E .h.~ ~ ~-l
South: t, Lv 1'F>3L P-m (L`(
West: iotk LO'1' 3 ccO c~~€ f;" IL`f ~ IA-Y C..17?' 32(;G' .Sinrdr • WLy
Pr>- L.OT 3 i o0 5?r►&4-E rPMJLy
D. Existing Land Use: '
Number of single-family units ~ Number of multi-family units
' Vumber commercial structures~ Number industrial structures
Public facilities or other uses CO
What is the current use the land proposed to be annexed: .s/NC`L~ F~►~-`~
E. Total cunent year Assessed Valuation S ~)S-l '~>60
F. Total existing population ~
1I
i Revised 11/93
. . • •
II. 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 pcoposal, past and prospective
physical developmenu 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 addirional
pages if necessary. (This informarion is often quoted in the Staff Reporc, so be
thorough and complete.)
gy crry o-r-
L. rT~ C 5-PeR MLP-- 001.5
B. If the properry to be served is enrirely or substantially undeveloged, what are the plans
for future development? Be specific. Describe type (residential, industrial, commercial,
etc.), densiry, etc.
ML e- (,`~Q i 5 I/v-17C) 3 4~-Si Dc-y~oq--~
,~~-~-~s 7a is~ 7, s9 o s)'~ 7~ ~l 7 S
III. L,4ND t/SE AND PL.4iVNIIVG
A. Is the subject territory to be developed at this time?
B. Generally describe the anricipated development (building types, facilities, number of
~I units).
7"WO a- 1~DiTttlr~t'z-
i
I~'7 l,' ( L['j i
C. Is the subject territory inside or 9_uJ.side of the Vfetro Regional Urban Growth
Boundary?
12
Revised 11/93
. • • •
D. What is the applicable County Plann~iPg Desi arion? R~
or City Planning Designation 4• / Does the progosed development comply with applicable regional, counry or city
comprehensive plans? Please describe.
7-7U0/5- 49-~'P~'v Uti c oW j=i r' wr S
/`1 F1
66 r-t P c- t P-+.Sc:~
E. What is the zoning on the territory to be served?
~4.~
F. Can the proposed development be accomplished under current counry zoning?
o Yes )3No
~ If No,---has a zone change been sought from the county either formally or informally.
~ Yes ONo
Please describe outcame of zone change request if answer to previous questions was
Yes. 1. -,,r
6,45e_ Z-Ine G4y,4cr
l
G. Is the proposed development comparible with the city's comprehensive land use plan for
the area?
~ X/Yes ❑ No o Ciry has no Plan for the area
Has the ProPosed develoPment been discussed either formally or informally with any of
the following? (Please indicate)
N°AK~ City Planning Commission Ar City Planning Staff
~'Ciry Council City Manager
Please describe the reaction to the proposed development trom the persons or agencies
indicated above.
t~L_P
13
Revised 11/93
. . • •
H. Please indicate all permiu and/or approvals from a City, Counry, or Regional
Government which will be needed for the proposed development. If already granted,
please indicate date of approval and identifying number:
APPROVAL PROTECT DATE OF FUTURE
FILE # APPROVAL REQIJIREMENT ~
Metro UGB Amendment
City or County Plan :kmendment
Pre-Applicarion Heazin; (Ciry or Counry)
Preliminary Subdivision Approval I
Final Plat Approval
Land Partirion Ml-F OOfS /0 023 97
Condirional Use
Variance
Sub-Surface Sewage Disposal
Buildina Permit
Please submit copies of proceedings reIating to any of the above permits or approvals
which are pertinent to the annexarion.
I. If a ciry and/or cvunty-sancrioned citizens' group exists in the area of the annexation,
please list its name and address of a contact person.
IY. SERTfICES A1VD UTILITIES
A . Please indicate the followin;:
1. Location and size of nearest water line whicn can serve the subject area.
Ai-eP L i t-i E H-t.O~ K' f}'t, n,' i17'
1 4
Revised 11/93
e. • •
2. Locari? n and size of nearest sewer line which can secve the subject azea.
~ L I rj t 0 V ~v'Pn-, n/' c~~+r` ✓ ~
3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area N c1 57~
e{ ~'~E ~~¢U t~ E~~ ~ c~f4~ ` ~U~f}s f+~ t-t ~ r .t~ t cT' •
4. The time at which services can be reasonably provided by the city or district.
I 11 M t ✓
5. The estimated cost of extending such facilities and/or services and what is to be
the method of financing. (Attach any supporring documenu.)
I
, 6. Availabiliry of the desired service from any other unit of local oovernment.
(Please indicate the government.)
.
,
i
15
Revised 11/93
• ~ ~ B. If the territory described in the proposal is presently included within the boundaries of
any of the following types of govemmental units, please so indicate by stating the name
or names of the governmental units involved.
CitY Rural Fire Dist WPrsi~iNZ-Tz--%Co Fi2~ 2)jS'7'
Counry Service Dist. WR&+14-'GT-C~-s Sanitary District (Cr'/ or-
Hwy. Lighting Dist. Water DistrictCfl-r-/ o-F I (,-frao
Grade School Dist. Drainage District ~
Hi-h School Dist. Diking District ~
Library Dist. T1(:Pe-D Park & Rec. Dist. V&--A-nN~~-~~ •
Special Road Dist. Other Dist. Supplying Water Service , C. If any of the above units are presently servicing the territory (for instance, are residents
in the territory hooked up to a public sewer or water rystem), please so describe.
; A,.44.1,~ ~~~r„~~►
APPLICANT'S NAME I'KC-"b ~~SMC►~'E
Nt 4II.ING aDDRESS 7SQ~ vJ /i.~-C F
TELEPHONE Iv'[TivIBER (Work)
6 (Res.)
~
REPRESENTING F15rtez ~~-~~'-nE~ I r,1ST
,
DATE: '7
16
Revised 11/93
_ ~ •
~flC~d~ .
o1,'a:~ ~ i, ~Gt~ :
` 6~,~~~ REQUEST FOR COMMEHTS CITY OF TIOARD
Community 0eveCopment
F3y SfiapingA Better Comrnunity
DATE: lanaawYO;
T0: lulia Huffman, Unified Sewerage Agency
FROM: Ciiy of Tioard Planning Diuision STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner
Phone: (5091659-4111 fax: [50S16847291
ZONE CHAN6E ANNIXATION [ICN 98-0002
➢ FISNER/PASSMORE WALNUT STREET ANNEIIATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, Vicinity Map and AppllcanYS StAtCIllCllt 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 t0 reSp011d bY t118 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:
7~- 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:
(rnlease provide tke folCo-wing infornration) Name of Person[s] Commentln k.y
Phone NumbeNsl: - 4,t y = 0~~) ~
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAL/REQUEST FOR COMMENTS
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S iTF PLAN lCA 98-0002
~ FISNER/PASSMORE
~ ~ . EXH IBIT MAP N wALNUT STREET ANNEIIAATiON
~ out~ani»seu~
- - - - - - Q - - _ - - ~ - - - - - - - - . . - CITY .
11E01IR4VMIC INFONYA710M 6Y8iEY
PLANMIN6 DIVISION
VICINITY INAP
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Fisher/Passmore
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r. 13125 sw r+ae swd , i
Tlgend, OR 97223
. . . . ($03) 639-4171
htP//w+w.dtlpardu.w ~ •
Community Development Plot date: Jan 20, 1998; cArnagicMagicdd.apr ~
01/22/98 THU 09:45 FAY 503 591 0986 TVVVD ENGINEERING Z001
. _ . ~ ~ •
~
REQUEST FOR COMMENTS CITYOFTIOARD
Concmunity ~Dcveloprnent
RGI,+~v ,,~Q N 2 ~SF+~~ ~~}yg Better Community
DATE: lanuary Z0.1998
T0: Adminlstratinre Offlce, iualstln ValleY Water Distrlct
FROM: City of Tioard Planning Diulslon STAFf CONTACT: lulia Powell Halduk, Assoclate Planner
' P6one: E50S1689-4111 fax: [50316847291
IONE CNANCE AMNE1fAAflON (ICAI 98-0002
➢ FISHER/PASSM08E WALNUT STREET ANNEI(ATION Q
The applicant is request+ng to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S1 04AD, Tax
Lot 03300. 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 Plen, YiCinipl Mep e[Id Applicellt'S StStemellt 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: [FRIDQY - IANUARY 30,1998I. 'You may use the space provided below or
attach a separate letter to return your comments. li You afe uDable t0 feSDOnd b]I tl1e 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.
PIEASE 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. ~ Wri en comments pr vided below:
, (Nase prouide cke fo&yta►g rnformtion) Name of Person[sl Commenting:
Phone Nnmder(s): ZCA 98-0002 FISHER/PASSMORE WALNUT ST, ANNEXATION PROPOSAUREQUEST FOR COMMENTS
, •
• •
REQUEST FOR COMMENTS CITY OF TIOARD
RECEIVED PLANNING Community ~DeveCopment
, ShapingA Better Community
DATE: lanuarll 20,1998 JAN 2 9
1998
T0: Mlchael Miller. COT Water Department CITY OF TIGARD
FROM: Citi of Tigard Planning Dlulslon STAFF CONTACT: lulia Powell Na1duK, Assoclate Planner
Phone: [5031639-4fl1 Fax: [5051684-1291
ZONE CHAN6E ANNE1(AflON QCA198-0002
➢ FISNER/PASSMORE WALNUT STREET ANNEMATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, Yiciniql 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 - lANUARY 30,1998). You may use the space provided below or
attach a separate letter to return your comments. If You el'e uneble to reSpOnd bY the eboue 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:
~~A-t_-t& eiuA,~~~-rA A,< `RsEr.~wC
(~Please provie tke folCawing infornration) Name of Person(s) Commentlng:
( r
Phone NumbeNsl: x
2CA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAL/RE UEST F R MMENT
Q 0 CO S
\
• •
REQUEST FOR COMMENTS CITY OF TIOARD
G Cammunity ~Development
~~S`~spp~-p`NN~N ShapingA ~Better Community
DATE: lanuanl 20,1998
T0: BMan Moore Portland 6eneral Elec~ic ~pN 2 6 19g~
. ~ O~I `GP~~
FROM: CitY of'~gard Plannlno Dlulsion STAFF CONTAC~ lulla Powell Ha1duK. Assoclate Planner
Phone: [5031639-4t11 fax: [5051684-1291
tONE CHAN6E ANNEXATION QCAI 98-0002
➢ FISNER/PASSMORE WALNUT STREET AHNEIlATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, Vlciniiy 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 - lANUARY 30.19981. You may use the space provided below or
attach a separate letter to return your comments. If You ere uneble t0 I'eSqOlld bY the 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 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.
_ Written comments provided below:
(~Please pmvide tkefolCawing infornration) Name of Person[s) Commenting: ~t~2~ p,,,~1 1n.~.~•J~
Phone NumbeHsl:
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
. ~ i
REQUEST FOR COMMENTS CITY A4-
OF TIGARD
RECEIVED PLAWINQi Community ~DevcCopment
S(apingA ~Better Cotmnunity
DATE: lanuarll 20,1998
J AN 2 3 1998
T0: lohn Roy, COT Operatlons Depardnent
CITI OF TIGAHD .
FROM: Ciiy of Tigard Planning Dluislon IAFF CONTACT: lulla Powell HaJduk, Assoclate Planner
Phone: 15031639-0t11 Fax: [50516841291
ZONE CNAN6E ANNEKATION QCAI 98-0002
➢ FISNER/PASSMORE WALNUT STREET AHNEIlATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, ViCinily Mep elld AppliCellYS St8tCI11Cllt 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 y0u ere u118618 t0 reSDOnd bY tl18 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.
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.
_ Written comments provided below:
( Please pruvide t(te folCawing infornuttion) Name of Person[sl Commentlng:
Phone NumbeHsl:
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~ . . •
REQUEST FOR COMMENTS CITY OF TIGARD
Community ~Development
. Shaping A Better Community
DATE: . lanuary 20,1998
T0: llm Wolf, COT Police Departnent
,
FROM: Ciy ofIlgard Planning Diuision STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner
Phone: [50516394111 fax: [5031684-7297
IONE CHAN6E ANNEI(AflON QCAI 98-0002
➢ FISHER/PASSMORE WALNUT STREET ANNEMATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, ViC(Ility M8p 811d AppliCellYS St8tCI11Cllt 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 -)ANUARY 30.19981. You may use the space provided below'or
attach a separate letter to return your comments. If You ere u118bIC t0 reSU011d b]I 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.
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:
ej;~cllb -\b QtQ')\&
o~d~ace,n~t ti(~iQ~,c~ey s`(\06 bA AeAed ~k~an ~a a~hQl~ •
(Qllease provi~fe the foQ'owing infornration) Name of Person[s] Commentlng:
Phone NumbeHsl: b1\ot x
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
. . . . •
REQUEST FOR COMMENTS CITY OF TIOARD
Community ~DeveCopment
S(aping A Better Cominunity
DATE: lanuar1120,1998
T0: BMan Rager, COT Englneering Depardnent
FROM: Cial of Tigard Planning Dluislon STAFF CONTACT: lulia Powell Na1duK, Assoctate Planner
Phone: 15031639-4fl1 Fax: 150316841291
lONE CNAN6E ANNEXATION [ICAI 98-0002
➢ FISHER/PASSMORE WALNUT STREET AHNFIlATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning ~
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, Yictnity Map and ApplicanYS StetCmCllt 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 ere uneble to reSpOnd bY tlle a6ou8 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 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.
_ Written comments provided below:
(Please pro-vide the folrowing information) Name of Person[sl Commentlng: ~zo
~ - 1
Phone NumdeNsl:
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~ I
CITY OF TIOARD
Community (Development
S(w ingA~9etterCommuni
~ ::~::::ii:>:::.'.::::<:;::::
~...~.~;:::>;:;»<::'»>:`:`'`':'`a~':'`~<~':~':'•':;'•:'•:'•»::>:::<:'>s:::`?:`:f•.;>•.'~>;'•>:>;:'•:::;::::`•»»::?iiEE:;'.»:::::'
;:::::::::~::~:i::::;:;::...... ~~i:~~~~R~~~. . .
.
. .
120 DAYS= N/A
FILE NO(S): ZONE CHANGE AHNFJlATION [ZCAI 98-0002
FILE TITLE: FISHER/PASSMORE WALNUT STREET ANNEIlATION
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 .92 acres of property into the City of Tigard
and change the zoning from County R-5 to City of Tigard R-4.5.
LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300.
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: FridaY lanuary 30,1998
STAFF DECISION DATE OF DECISION:
HEARINGS OFFICER DATE OF HEARING: TIME: 1:00 PM
PLANNING COMMISSION DATE OF HEARING: TIME: 1:50 PM
X CITY COUNCIL DATE OF HEARING: 2/24/98 TIME: 1:30 PM
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP R 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 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~a ZONE CHANGE ANNEXATION
APPLICATION
CITY OF ?IGARD 13125 SW Hall 81vd., rigarrl, OR 97223 (503) 639-4171 FAX~ (503) 684-7297
PRE-APP. HELD WITH:
DATE OF PRE-APP.:
GENERAL INFORMATION
FOR STAFF USE ONLY
Property AddresslLocation(s): : .
~s.Vi. WALm ~ ~WD,
. .
~ . Case No.(s): -oQ 02-
Tax Map & Tax Lot #(s): Other Case: No:(,s)::
~
, .
.
1~x LU V✓ ---Z300 1 ~ S , 12, I'1r4 •EG 4 A-b :::.:Receipt No::~
~
aPPlicatiornAccep:ted: By':
Site Size: ~-FO)O-J S S(~ FT U~. U.-Z ~
. . . .
.
P rtY ( ) : ~l5ttt2 ~(t't7~'t~e5 12u~7 Oate::
Pro e OwnedDeed Halder s'
. .
Address: Phone: tiQ'2gb_3 , Oate Determined To:Be•.Com lete:.~ ~ ~
City: f Q~LArI~ r Q R Zip: ~/'7~ ( ~ . . . , p . .
Applicant': n P' Comp PIaNZone Designation:
A'~~~?(1'2F
Address: Phone:
City: a'l-o 0~ ~ Zip: ~~007
.C1T
' When the owner and the applicant are different people, the appticant aev:.eW&.: i:'auVnvnescersV=ooc
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 REQUIREO SUBMITTAL ELEMENTS
provided on the back of this form or submit a written authorization with
this apQlication.
✓ Application Elements Submitted:
PROPOSAL SUMMARY I Application Fortn . it~ The owners of record of the subject property request a Zone Change ~ Comp{eted Boundary Commission forms
Annexation from Washington County -S_ to Tgard far"Double Majority" Annexation
q- S (if appficable) and a Zone Change from Washington Owners SignaturelWritten Ruthorization
Counry to Tigard Title Transfer Insirument or Deed
. ~4N3~ Site/Ptot Plan
i9/L"A . 9~ 9Gre 5 i;46 / i4ww1417c✓ 43Sp ~ of copies based on pce-app check list)
(provide any additiooq information here) SitelPlot P1an (reduced 81!:"x 11 ,
Applicant's Statement
na 9 uil ~ r'F9
of copies based on pre-app check list) ~
I . tft.e
~
I
}
APPLICANTS:
To consider an appiication complete, you will need to submit ALL of the REoUIRED SUBMITTAL ELEMENTS as
described on the front of this apptication in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Infiortnation sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLlCANT(S) SHALL CERTIFY THAT:
• The above request does not violate anv desd resViciions that may be attached ta or imnosed uoon the subjgct
pro°ertv '
• {f the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and fimitations of the approval.
• All of the above statements and the statements in trie plot plan, attachments, and exhibits transmitted herewith, are trve;
and the applicants sa acknowledge that any permit issued, based on this apptication, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, inciuding the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of gAgh owner of the subject property. •
DATED this 3o~ day of J Je-c e, 19 ~7
/--n4
, Own s Signature Owner's Signature
Owner's Signature Owner's Signature
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- - PropeActe) Data Selection Menu - -
Prop ID : R480544 (Real Owner: FISHER, THOMAS *RUSTEE
Map Tax Lot: 2S14AD-03300 (315230) PO BOX 11370
Legal . ACRES .92 PORTLAND, OR 97211
Situs : 12920 SW WALNUT Year Built : 1930
Living Area: 1348
Code Area : 023.78
Sale Date : 04/11/97
Sale Price: 1997 Roll Values
Deed Type : DBS Improvements $ 72,370
Instrument: 97036128 Land $ 71,230
1997 Tax Status Appraised $ 143,600
Current Levied Taxes : 1,162.50 Exemptions $ 0(-)
Special Assessments . Taxable RMV $ 143,600
* ***'Unpaid Taxes M50 Assessed $ 91,100
(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 1:30:07 PM »
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From: "Mike Mlller" <MIKE.COT>
To: "Julia Hajduk" <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.
2S10313D02300 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 Ha'duk 1 W
'
1 ed, 14 Jan 1998 09.14.13
. • ~ x ~ ► •
CITY OF TIOARD
Community Develvpment
Sfiaping ?1 Better Canmunity
CITY OF TIGARD
~ Waskington County, Oregon
NOTICE OF f INAL ORDER a BY THE TIGARD CITY COUHCIL
case tvumber(s): lONE CHANGE ANNENATION [ZCA] 98-0002
Case Name(s): FISHER/PASSMORE WALNUT STREET ANNEMATION
Name of Owner: Fisher Properties Trust
Name of Applicant: Fred Passmore
Address of Applicant: 7501 SW 195th Place Citv: Aloha State: Oregon Zip: 97007
Address of Property: 12920 SW Walnut Street Citv: Tigard State: Oreqon Ziq: 97223
Tax Map & Lot No(s).: WCTM 2S104AD, Tax Lot 03300.
Request: > The applicant has requested to annex .92 acres of property into the City of Tigard and
change the zoning from County R-5 to City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Zone: Upon Annexation into the City of Tigard, the new zoning designation will be changed to
Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is to
establish standard urban low density residential sites.
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 9 Affected Governmental Agencies
- 19 The Affected Citizen Involvement Team Facilitator O The Applicant and Owner(s)
Final Decision:% ~
0 ~cc ~cc~r c.~ /l~o ~f 8- v-~
THE DECISION WAS SIGNED ON,:2/a q,1998 AND BECOMES EFFECTIVE ON ~3 1ID6 , 1998.
o,j v Ccc.f icI, /L(o CI 6'.-u~..9 --64- Q/-)q 19Y
The adopted findings of fact, decision and statement 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.
2CA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL
. OTY OF TIGARD, OREGON •
ORDINANCE NO. 98-05
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT 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 one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; 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 zonin district desi ation recommended b Plannin Staff, , g gn y g , 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 L.ow Density
Residential.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be designated as follows:
Tax Map/Lot Number
2S 104AD, Tax Lot 03300
Current Comprehensive Plan Designation 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 UMIUftouS vote of all Council members present after being read by number and title
only, this day of , 1998.
~
(~a-therine City Recorder
APPROVED: By Tigard City Council this o~~~ day o , 998.
Ja s icoli, Mayor
App ved as to form:
Cit ttorney
Date -Z `
ORDINANCE No. 98- iAcitywide\ord\zca98-02.ord
Page 1 of 1 lulia P H 11-Feb-98 1:43 PM
• • •
~
AFFIDAVIT OF MAILING
.
STATE OF OREGON )
County of Washington )
City of Tigard )
1, ~t S S 1 C A.. G vi'►~1C Z . hereby certify:
, Please Print
That I am a Q.l/A~l~11qU-P_t°f, for the Ciiy of Tigard, Oregon.
That I served notice of the Tigard City Council NPfi C-e- Of ~Fma
Zov~.c ~ 1~v► d~. C~ ~~f.7 ~~~DDa2 ~Shc~ ssmo~
Wc~ In ~tt +r &t 1*h6xa t700.
of which the attached is a copy (Marked Exhibit A) upon each of the following named
persons on the q Im day of Ma-,rCh . 19 9 t , 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
19 ~ ~ . postage prepaid. . .
'
n. t -
epared Notice Q_j
Subscribed and sworn to before me this 01 day of Aa4z&_
OFFICIAL SEAL
CATHERINE WHEATLEY ' i
NOTARY PUBLIC-OREGON'
COMMISSION NO. 042176 Notary Public of Oregon
MY COMMISSION EXPIRES MAY 10, 1999 My Commission Expires:
h:\login\cathy\afofmail
~ . •iTY OF TIGARD, OREGON •
~ RESOLUTION NO. 98-1 q
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE
CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EYHIBIT A" AND FURTHER
ILLUSTRATED IN "EXHIBIT B". I
i
WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131st ~
Avenues; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half 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 Sheriff s
Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting
District #1 and the Washington County Vector Control District would, by operation of ORS 199.510, be
automatically 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 Tigazd, 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 O'~ day of - , 1998.
or - City of Tigazd
ATTEST:
~
City Recorder - City of Tigazd
Date
RESOLUTION NO. 98- iAcitywideVreftca98-02.res
, Page I of I lulia P H 10.Feb-98 4:59 PM
FoXHIBIT A
~
EXHIBIT `A' Leqal Description forrZC A)98-0002
Beginning at an iron rod on the South line of said Northeast quarter which bears
South 89° 18' West, 1068.9 feet from the quarter comer on the East line of said ;
Section 4 and running thence North 10 16' West, 325.0 feet to the true point of I
beginning; thence North 10 16' West 331.10 feet to the centerline of County ~
Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence ,
along said centerline South 89° 22' West, 132.65 feet, from which an iron bears
South 11 16' East, 30.0 feet; thence leaving said centerline South 11 16' East,
331.25 feet; thence North 89° 18' East, 132.68 feet to the true point of
beginning.
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ZCA 98~~02 SMORE
FiSHE~p gTREET ANNeXA
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7CA 98-0002
FISHER/PASSMORE WALNUT STREET Fred Passmore
ANNEXATION 7501 SW 195th Place
Aloha, OR 97007
Fisher Properties Trust
P.O. Box 11370
Portland, OR 97211
• ~CC.Y~ a~ -
~
CQMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 NotiCe TT 9035
BEAVERTON. OREGON 97075
Legal Notice Advertising
•City of Tigard ` ❑ Tearsheet Notice
13125 SW Hall Blvd.
• Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
•Accounts Payable •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )gs'
I, Kath~~.Sn~der
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, Of th9? 7cr,ti-T1,lA1at i n mimes
a newspaper of generat circulation as defined in ORS 193.010
and 193.020; published at Ticlard in the
aforesaid county and state; that the
Zone ChanqQ-FiGher %PaGsmo e Wa1 niit 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: February 12,1998 OFFICIALSEAL
I JACQUEUNE ARELL11N0
, NOTARY PUBLIC-0REGON
COMMISS{ON NO. 301011
MY COMMISSION EXPIRES JUNE 9. 2001
v
Subscribed and swor to before me thisl 9th day n£ EP_h._ruary,1998
Notary Public for Oregon
My Commissionxpires:
AFFIDAV{T -
' - • ~
The following will be considered by the Tigard City Council on 'I.'ues-
.
day, February 24,1998, at 7:30 P.M., at the.Tigard Civic Centec= Town`. -
Hatl Room, 13125 SW Hall B1vd.,;Tigard,.Oregon 97223. Both public,2 ~
oral and writfen_testimony,is'ini±ited. The public-hearing on.this ma~tei ;
will be conducied in accordancewitli the niles of Chapter 1,82.of.the;,:
Tigaid 'Municipal Code and any'iales and procedures adbpted ~by. the:';:=a_
Tigard Ciry Council; or~rules of procedure set forth in;Chapiec
Failure to raise'an'issue iri peison or by letter at soine'point prior to the:: r
close of the hearirig'on the'i-equest accompanied by statements or evidence ~
sufficient to allow the HearingsAuthority and a11 the parties fo respond.on
the request, precludes"an'appeal to the Land Use Board of Appeals based.
specify the criieiion_from.'ttie;.Community.~...~ ~
i on"that°issue; and failure to,'
Development Code;or Comprehensive:Plan af .which-a comment:i~;;="•=';°_-: ;
directed-precludes an appeal based on that ciiterion.:Further informatibnis'':•~~ {
available at Cit'YHall and maY. . ~be:obtained from.the<CommuriiEY.Deve(oP-=" "
, . z ~
ment Director or City Recordet atthe same locatiori;,or,by calling (503)
639-4171. - . - . , , - : _ A-':Tr. ~ - ~ .ti 1
PUBLIC,HEARIIVG:-;-~,.,`
~:,>:.r~;,;~:.~;~1•";..'~:rti::r~~i;.~~~.~-~~n.~~~;.=:,.w~.: ;
ZONE:CHANGE~ANNEXATION (ZCA)~,98-0002°;~~"u
: ~ •~r{ /
>,FISHER/PASSMORE,WALNUTSTItEET:AS~NEICATION<.:..'r,=::. .
REQUEST: The applicant is`ieguestirig toE'~arinex3:92¢acies~o£property:~.~:`
inio the City of Tigard~arid change the zonmgfrom'Counry'R=S~fo Ciry"of`"' ~
TigardsR-.4:5:-•LOCA~.TION:a 12920 S`Wal'auf 3tr2'4t`;_~WCTM-
i• .a~~ 28 -d..
2S104AD,~'Fax Lot 03300:_ZONE:''The~pro sed:zQn;e.:ci~ange.is to Ciry`;,
-of`4Tigar'd R 24''l. ~[btnrCoiirity~,R-S.=-AP , LICABLE REYIEW=v'.; . .,i,. ~
CRITERIA: Community' DpvelQpment Code pier 18 Y36.fy°~,1zf 1 x~~A ~
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~7179035-PublishFebruary 12,~1998. . ' ~~"tY;~~4: ~
. nr- . • . . ' :~i.~
. . • ~ •
CITY OF TIOARD
Community ~DeveCopment
S(:apingA Better Cormnurzity
PUBLIC HEARING N' 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 ANNEXATION (ZCA) 98-0002
FILE TITLE: FISHER/PASSMORE WALNUT STREET ANNEXATION
APPLICANT: Fred Passmore OWNER: Fisher Properties Trust
7501 SW 195th Place PO Box 11370
Aloha, OR 97007 Portland OR 97211
REQUEST ➢ The applicant is requesting to annex .92 acres of property into the City of Tigard
and change the zoning from County R-5 to City of Tigard R-4.5.
LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300.
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.
THE PUBUC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY
PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL
MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR
CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION
IF A PERSON SUBMITS EVIDENCE I&PPORT TO THE APPLICATION AFTO_ B U 998, 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 (25-t) 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 (25C) 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 JULIA POWELL
HAJDU AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION
7cfl- W~-U1,V7' S% _ 14&'1v1F::7-X i~-I !ON
. ~
2 04AC-01 0 2S104AC-01800
TIG C Y OF SHRAUGER ROSEMARY TRUSTEE
13125 ALL 13030 SW WALNUT AVE
TIGA , 023 TIGARD, OR 97223
I
I
2S104AC-07600 2S104AC-07700 li
PAPPAS LOUIS J MINN KENNETH A 12773 SW MORNING HILL CT 12762 SW MORNING HILL CT ,
TIGARD, OR 97223 TIGARD, OR 97223
2S104AC-07800 2S104AD-01500
BOATRIGHT TONY A& LISA K LINDERMAN VERA P
12734 SW MORNING HILL CT 12755 SW 128TH AVE
TIGARD, OR 97223 TIGARD, OR 97223
2S104AD-01600 2S104AD-02600
KLEFFNER THOMAS ANTHONY WIRTHLIN JOSEPH E
4975 SW 65TH AVE 12919 SW WALNUT
PORTLAND, OR 97221 TIGARD, OR 97223
2S104AD-02700
MURPHY RONALD V& CATHERINE L Fred Passmore
12915 SW WALNUT 7501 SW 195th Place
TIGARD, OR 97223 Aloha, QR 97007
2S104AD-02900 2S104AD-03000
SELLIKEN HAZEL A PHIPPS WILLIAM H& SHERRYL D
12955 SW WALNUT 12996 SW WALNUT ST
TIGARD, OR 97223 TIGARD, OR 97223
2S104AD-03100 2S104AD-03101
MUELLER DANIEL P& VERA E LANG GARY A& LAURA S
12988 SW WALNUT ST 12976 SW WALNUT
TIGARD, OR 97223 TIGARD, OR 97223
2S104AD-03300 2S104AD-03301
FISHER THOMAS L TRUSTEE LORENCE WALTER P& DEBI D
PO BOX 11370 12950 SW WALNUT ST
PORTLAND, OR 97211 TIGARD, OR 97223
2S104AD-03400 2S104AD-03401
PELOQUIN ROBERT S& MERCEDES N LEWIS BRIAN C& CHRISTINE C
12900 SW WALNUT 12902 SW WALNUT
TIGARD, OR 97223 TIGARD, OR 97223
2S104AD-03501 2S104AD-04600 •
BODYFELT E RICHARD PHAM HAO D
12820 SW WALNUT 12949 SW WALNUT
TIGARD, OR 97223 TIGARD, OR 97223
I
. . ~ •
AFFIDAVIT OF MAILiHG cmoFnoaRo
Community Deve(apment
Shaping A Better Community
SMTE 0F0REGOTC
County of WaskirBton J ss.
City of ?igard J
I, Susan M 4Ne6er, being first duly sworn/affirm, on oath depose and say that I am an Afministrative SpeciaGst I for the City
of ?garcf, Waskington County, Oregon and that I served the following:
(Check Appropriale Box(s) Bebw)
NOTICE OF DECISION FOR:
AMENDED NOTICE (Fle NoJName Reference)
City of Tigard Planning Director
NOflCE OF PUBLIC HEARING FOR: E!~7 -)-GA 90 °OQDz/ PjSHEYz.. pA-SSMDA~' ~ KB. 24- I Qq8
AMENDED NOTICE (Fle No.Mame Reference) WA'j~j(AT 37-
~~~(~tcy6~P+~i ' )
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
NOTICE OF FINAL ORDER FOR: B ~
AMENDED NOTICE (Fle NoJName Reterence)
(Date ot Public Heari
ng)
. Ciry of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
NOTICE Of: FOR: Z:~, ~
(fype/Kirx1 of Notice) (Fle NoJName Reference)
(Date of Public Hearinp, N appfcable)
A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOflCE OF FINAL ORDER/OTHER NOTICE[Sl of which is attached,
marked bchlbit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
i Exhib' "B", on the 2.A~' da of F~~'B~/i °
~ y 1998, and deposited in the United States Mail on the
day of I~E~~YztilAhW 998,.postage prepaid.
(Person that Prepared Notice)
Subscribed and sworn/affirmed before me on the day of , 1 g/ .
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
, . COMMISSION NO.Oa6142 NOTARY PUBLIC OF N
MY COMMISSION EXPIRES SEPTEMBER 07, 1999
My Commisslon s: 9/2 /j~~/
• •
EXHIBIT'A' Leqal Descriqtion for ZCA 98-0002
Beginning at an iron rod on the South line of said Northeast quarter which bears
South 891 18' West, 1068.9 feet from the quarter comer on the East line of said
Section 4 and running thence North 10 16' West, 325.0 feet to the true point of
beginning; thence North 1° 16' West 331.10 feet to the centerline of County
Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence
along said centerline South 890 22' West, 132.65 feet, from which an iron bears
South 10 16' East, 30.0 feet; thence leaving said centertine South 10 16' East,
331.25 feet; thence North 890 18' East, 132.68 feet to the true point of
beginning.
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INDICATES OUTSIDE OF THE CITY LIMITS
INDICATES AREA WITHIN THE CITY LIMITS
INDICATES AREA TO BE ANNEXED
(map is not to scale)
SITE PLAN ~ ZCA 98-0002 ~
FISHER/PASSMORE
EXHIBIT MAP N WALNUT STREET ANNEXATION
~
S~ vJ OEOGRAGNIL INFORMATION 9V9TEY
PLANNIN6 DIVISION
~
VICINITY MAP
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sw ZCA 98-0002
;U
Fisher/Passmore
~ OD
walnut Sr Annexation
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City of Tisiard
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~ 73725 SW FIaO Blvd
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Tigard, OR 97223
(503)839-4177
M;rlMww.d.tigardor.us
Communiry Development Plot date: Jan 20, 1998; cAmagiclimagicdd.apr
• s
CITY OF TIOARD
Community ~DcvcCopment
ShapingA BetterCommunity
CITY OF TIGARD
WasFiington County, Oregon
NOTICE OF FINAL ORDER c* BY THE TIGARD CITY COUNCIL
Case ►vumber(s): ZONE CHANGE ANNEMATION [lCN 98-0002
Case Name(s): FISHER/PASSMORE WALNUT STREET ANNEI(ATION
Name of Owner: Fisher Properties Trust
Name of Applicant: Fred Passmore
Address of Applicant: 7501 SW 195th Place City: Aloha State: Oreaon Zia: 97007
Address of Property: 12920 SW Walnut Street City: Tigard State: Oregon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S104AD, Tax Lot 03300.
Request: ➢ The applicant is requesting to annex .92 acres of property into the City of Tigard and
change the zoning from County R-5 to City of Tigard R-4.5.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136.
Zone: Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is to
establish standard urban low density residential sites.
ction: Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
19 Owners of Record within the Required Distance O Affected Governmental Agencies
O The Affected Citizen Involvement Team Facilitator 19 The Applicant and Owner(s)
Final Decision:*
THE DEC'ISION WAS SIGNED ON , 1998 AND B'ECOMES EFFECTII/E 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 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION -PROAOSAL41REQUEST-FOR•GOMMENi'9-
. • •
REQUEST FOR COMMENTS CITY OF TIOARD
Community ~DeveCopment
ShapingA ~Better Community
DATE: lanuarY 20,1998
T0: PER ATTACHED
FROM: City of Tigard Planning Diuislon STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner
Phone: [5031659-4111 Fax: (50S)6847291
ZONE CHAN6E ANNEKATION =98-0002 ➢ FISHER/PASSMORE WALNUT STREET AHNFJ(ATION Q
The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax
Lot 03300. 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, Viclniiy Map and Appllcant'S StBtCmCllt 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 uDeble t0 reSq011d bY tl18 860ue 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:
(hease pmvire the fo&nving infomtation) Name of Person(s) Commenting:
Phone NumbeHs):
ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS
. • •
REQUEST FOR COMMENTS
NOTIfICAT10N LIST FOR LAND USE a COMMONITY DEYELOPMENT APPLICATIONS ~
[0 - lodloates 18 Antematlo Notlflcatlens ef ALL CIt1l Prolectsl
1.cRAret tcl.to [sIM _ Cti1ZEJ11NY0lYEMEN??EAMS m n:c:ni i.wiw1oukrweirBaka,l .
fILE NO[SL• 7,C49 qg -00o Z flLE NAMEISI:~~r/~~~s~t9,~
- . . ; : . Ct'IYIFRCES ' - ' . .
~
_ ADVANCED PI.ANNING/Nadine Smith, a~._qsw«vi.« COMMUNITY DVLPMNT. DEPTJovam.sK..r«nici. NPOUCE DEPT./Jim Wolf, am.v,..«munank« I
BUILDING DIV./David Scott, euuawqonkw 21ENGINEERING DEPTJBrian Rager, o,ro.,M a.„..~ = WATER DEPTJMichael Miiler,oo«aro-.w..o.
_ CITY ADMINISTRAT10WCathy Wheatley, cny a.ro,e.. 4_/OPERATIONS DEPTJJohn Roy, ft,«Mrn„,.a.. _ OTHER
. . ~ . =SPECIAI DISTRICTS
m TUALATIN HILLS PARK & REC. DISTA'TUALATIN VALLEY FlRE & RESCUE O'TUALATIN VALLEY WATER DISTRICT 015NIFIED SEWERAGE AGENCY
Planning Manager Fire Marshall Administrative ONfce Julia HuffmaNSWM Program
15707 SW Walker Road Washington County Rre District PO Box 745 155 N. First Street
Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hillsboro, OR 97124
. - ' . ~ . ~ LOCALANOSTATEInRISDICTIONS
0 CITY OF BEAVERTON
0 CITY OF TUALATIN OR. DEPT. OF FlSH & WILDLIFE OR. DIV. OF STATE LANOS
Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE
Mike Matteucci, Nwgronw. cowa. PO Box 369 PO Box 59 Salem, OR 97310-1337
PO Box 4755 Tualatin, OR 97062 Portland, OR 97207
Beaverton, OR 97076 OR. PUB. U1ILITIES 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 Porttand, OR 97232-2736 Portland, OR 97232
PO Box 23483 US ARMY CORPS. OF ENG.
Ourham, OR 97281-3483 Paulette Allen, croWnMamgem.mcoordnal« OR. DEPT. OF LAND CONSERV.& DVLP 333 SW Frst Avenue I
_ Mel Huie, arextepaewCaadlreta(CPA'a20A's) 1175 Court Street, NE PO Box 2946
0 CITY OF KING CITY / •Salem, OR 97310-0590 Portland, OR 97208•2946
City Manager c~ ME1'RO AREA BOUNDARY COMMISSION ~ ~
15300 SW 116th Avenue 800 NE Oregon Street OREGON DEPT. OF TRANS. (ODO~ @?f WASHINGTON COUNTY
King City, OR 97224 Buiiding #16, Suite 540 Aeronautics Division Dept. of Land Use 8 Trans.
Portland, OR 97232•2109 Tom Highland, aw,ring 155 N. Fi►st Avenue
0 CITY OF LAKE OSWEGO 3040 25th Street, SE Suite 350, MS 13
Planning Director OR. DEPT. OF ENERGY Salem, OR 97310 Hiilsboro, OR 97124
PO Box 369 8onneville Power Administration
, Lake Oswego, OA 97034 Routing TTRC - Attn: Renae Ferrera 0 ODOT, REGION 1 Brent Curtis (cvA'.)
PO Boz 3621 Sonya Kazen, aroM aw. cowa. _ Scott King (cax,)
_ CITY OF PORTLAND Portland, OR 97208-3621 123 NW Fianders Mike Borreson (Erqmwi
David Knowles, awwng eur.au oG. PoRland, OR 97209-4037 Jim Tice (Icu•.)
Porttand Building 106, Rm. 1002 OREGON, DEPT. OF ENVIRON. QUALITY Tom Harry (corm vi. nooe.)
1120 SW Fifth Avenue 811 SW Sixth Avenue 0 ODOT, REGION 1- DISTRICT 2A Phii Healy (cw,on vi. nov..)
Portland, OR 97204 Portland, OR 97204 Jane Estes, v.m,n s~ist
PO Box 25412
PoRland, OR 97298-0412
. : _ - . 9i1UTY PBOYIDERS AND-SPECIAlA6ENCIES"
BURLINGTON NORTHERN/
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 Piace, S-6020 Wilsonville, OR 97070 Portland, OR 97201
Beaverton, OR 97006-4886
COLUMBIA CABLE COMPANY PORTLAND WESTERN R/R TRI-MET TRANSIT OVLPMT.
i Craig Eyestone NW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Klser, Project Planner
14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street
BeaveRon, OR 97005 220 NW Second Avenue 999 Third Avenue, Suite 2120 Portland, OR 97232
GENERAL TELEPHONE Portland, OR 97209-3991 Seattte, WA 98104-4037
Paul Koft, Engineering OREGON ELECTRIC R/R SOUTHERN PACIFlC TRANS. C0. R/R U3 WEST COMMUNICATION
MC: OR030546 (dflRllNC/ONNOX/H81R/SAN/AFFR/RDRFDAtSOR1 Clifford C. Cabe. Construction Engineer Pete Nelson
Tigard, OR 97281-3416 Reed Fay, Division Superintendent 5424 SE Mcloughfin Boulevard 421 SW Oak Street
1313 W. 11th Street PoRland, OR 97232 Portland, OR 97204
Vancouver, WA 98660•3000
hApany4nes1er3Wcno1ice.mst 2-Jan•96
Z D
OEOORAPMIG INFORYATION BYSTEY
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SW AREA NOTIFIED
N M N
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ZCA 98-0002
5 = FISHER/PASSMORE
(n WALNUT ST. ANNEXATION
s
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0 700 200 300 Feet
1'= 245 feet
W
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~ IrJortrmtbn on Uds rtmp b for general ixffibn oNy and
UI~ L stwuld be vertlied vvith Deveioprrard Servfces DhrFsion
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Community Development Plot date: Jan 20, 1998; c:Magiclmagicdd.apr