ZCA1998-00007
COMMUNITY NEWSPAPERS, INC. Le9al
P.O. BOX 370 PHONE (503) 684-0360 NOt1Ce TT 914 3
BEAVERTOtJ, OREGON 97075
Legal Notice Advertising
• City of Tigard/Planning • ❑ Tearsheet Notice
13125 SW Hall Blvd.
• Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
•Accounts Payahle •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, jss.
I, Kathy_Snvder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTicia d- ual a i n Times
a newspaper of general ciroulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaic} couniv and state; that the
Hearinct-1,urner Annexation
a printed copy of which is hereto annexed, was published in the -
entire issue of said newspaper for QNE successive and
consecutive in the following issues:
tlav 28,1998
Subscribed and sworn before me this 28th day of D4av, 1998
o aryPublic for Oregon ~ m''~d'" A. s`'=;s'-;S
4 ivGit~E:Y PUi±L:C•JrEGON
~i~
My Commission Expires: CJMfAi581uN slG. 062911
AFFIDAVIT MY COMMISSION_EXPIRES MAY 16, 2001
. • ~ ~
The following wi11 be considered by `the Tigard City Council on JUNE
- 9,1998'at17:30 P.M., at the:Tigard Civic Center - Town Hall Room,.
; 13125 SW Hall Blvd., Tigard, Oregon 97223. Both public oral and written
' testimony is invited. The public Hearing on this matter will be conducted
' in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code and any rules and procedures adopted by the Tigazd City Council, or
rules of procedure set forth in Chapter 18.30.
, Failure to raise an issue in person *or by letter at some point prior to the
, close-of the hearing on the request accompanied by statements or evidence
sufficient to allow the Heanngs Authority arid all the parties to respond on
; ttle request; precludes an appeal to the Land Use Board of Appeals based
on that issue, and failure to specify the criterion from the Community
Development Code or,Comprehensive Plan at which a comment is
~ directed precludes an appeal based on that criterion. Furttier information is .
~ available at City Hall and may be obtained from the Community Develop- i
' ment Director or City Recorder at the':same location, or'by. calling (503)
? 639-4171. . ; .f. ,
; PUBLICHEARING:' . : '
- ~ZONE CHANGE ANNEXATION [ZCA] 98-0007 - '
TURNER ANNEXATION < . . . . • .
The applicant has requested to annex one (1) lot consisting of .11 acres of
; unincorporated Washington Gounty,land into the City of Tigard and to
change the Comprehensive Plan' and Zoning Designations4:rom .
. Washington County Neighborhood Commercial to City of Tigard Neigh- .
borhood Commercial, C-N. CURRENT ZONING DESIGNATI4N:.,
Washington County Neighbortiood Commercial. RECOMMENDED "ZONING DESIGNATION: It;is recommended that,the City of Tigard.
Zoning D'esignation'of Neighborhood Commercial (C-N) be designafed
upon annezation as this`designation most.closely conforms to the Coun=' ty's current designation:"LOCATION:The'subject parcel is located nbrth' ~
of SW Locust Street and west of SW 87th Avenue;:WCTM•1S135AA,(:.r
Tax Lot 00400.=APPLICABLE:REVIEW CRITERIA:.Tigazd Com-.i;; ~
prehensive Plan Policies 40.12and 10.1.3; land Tigard,Com-
munity.Dev,elopment,Code:Sections,18,136 and 18.138.
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9M143 - Publish May 28, 1998. ' .a .
0 0
Return completed questionnaire to: 9/14/98
Center for Population Research and Census
POBox751
Portland State University
Portland, OR 97207-0751
Please fill in all blanks anii return no later than Sept. 25, 1998 for certification on Sept. 30, 1998.
ANN:EXATION QUESTIONNAIRE
City of TIGARD County of WASHINGTON
Annexation Ordinance NLUnber or Fina1 Order Number 3924
Effective Date of Annexation
NOTE: Enumeration of annexations which involve 125 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 125 housing units in this annexation.
Atta.ch completed confidential census schedules for all housing units both vacant and occupied.
There must be one sheet for each inhabitable housing unit.
HOUSING iJNITS AND POPULATION AT TIlVIE OF ANNEXATION
TOTAL OCCUPIED VACANT PERSONS
UNITS IN SINGLE FAMIL,Y
STRUCTURES
UIVITS 1N MULTIl'LE F.AMII,Y
STRUCTURES MOBILE HOMES OR T7tAII,ERS
TOTAL POPULATION OF ANNEXED
AREA DATE OF ENUMERATION
ENUMERATED BY POSITION
TELEPHONE NUNMER.
This questionnaire and thE; completed census schedules are the only data used to certify annexed
population. Please DO NOT send maps, copies of the final ordinance, lists of addresses, etc. to our
office unless you are requested to do so.
If there are any questions, or to schedule a census, contact Barry Edmonston at the Center for
Population Research and Census (503) 725-5101. THANK YOU.
.
. PORTLALND STATE
UNIVERSrrY
Annexation Questionnaire Procedure
Dear City Official:
The Center for. Population Research and Census (CPRC) at Portland State University certifies
population annexed to c;ities on a quarterly basis. The quarters end December 31, MarcF, 31, June
30, and September 30. Annexed population is added to the previousIy certified population and
these certified suppler.nents are used by the State of Oregon in the quarterly distribution of
previously collected revenue.
After an annexation has been approved, a notice is filed with the Secretary of State's Office. That
ofFice notifies CPRC that an annexation has occurred. The Center then sends the city a Ietter and
questionnaire requesting the pertinent population and housing unit data.
It is essential that the ciities return the completed questionnaire. For those annexations involving no
population or housing units, write "none" across that section of the questionnaire and mail it to
CPRC. For annexatioris that do involve housing units and/or population, a confidential sheet must
be completed for each housing unit. The confidential sheets are then aitached to the questionnaire
and returned to CPRC.
Enumeration of annexations that involve 125 or more housing units must be conducted by CPRC.
Please contact Barry :Edmonston at (503) 725-5101 if the annexation involves more than 125
housing units.
Thank you for your attention and participation. If you have any question;, please call Barry
Edmonston at (503) 7215-5101.
CENTER FOR POPLILATION RESEARCH AND CENSUS ■ COLLEGE OF URBAN AND PUBLIC AFFAIRS
1604 SW IOTH, ROOM 107 • POST OFFICE BOX 751 ■ PORTLAND, OREGON 97207-0751 ■(503) 725-3922 ■ FAX (503) 725-5162
ZC1q9f -o00 7
DOR 34-1304-98
T'•
Notice to Taxing Districts Oregon Department of Revenue
ORS 308.225 Cartographic Unit .
955 Center St. NE
Salem, OR 97310
(503) 945-8297, fax 945-8737
C/ i) eCity of Tigard RECENED PLANNING Description and Map Approved
Finance Director September 29,1998
13125 SW Hall Blvd
Tigazd, OR 97223 OCT 0 2 1998 As Per ORS 308.225
CiTY OF TIGARD
Z Descriptiun Z Map received iroin: P.M.B.C.
- -
On: 9/2/98
This is to notify you that your boundary change in Washington County for
ANNEX TO THE CITY C►F TIGARD. WITHDRAW FROM THE WASHINGTON CO.
ENHANCED SHERIFF'S PATROL DISTRICT.
FINAL ORDER #3924
has been: X Approved 9/29/98
❑ Disapproved
Notes:
Department of Revenue File Number: 34-1304-98
Prepared by: Mike Hughe:;, 503 945-8287
Boundary: X Change ❑ Proposed Change ❑ Planned Change
The change is for:
❑ Formation of a new district
Z Annexation of a territoiy to a district
X Withdrawal of a territory from a district
❑ Dissolution of a district:
❑ Transfer
❑ Merge
County Assessor copy - Copies to: Taxing District, Department of Revenue, County Commissioners or County Court/Boundary Commission (If appropriate)
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1;~ 450 110th NE, Room 409 ' Irving, TX 75015
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121 SW Salmon, 1 WTC-0502 20665 SW Blanton Street
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Washington County Admin. Bldg. ; Pride Disposal Service, Inc.
150 North First Street PO Box 820
Hillsboro, OR 97124 ~ Tc Sherwood, OR 97140
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~ NW Natural Gas Company ; Tualatin Valley Water District
N 222 NW Second Avenue PO Box 745
Portland, OR 97209 ~ F Beaverton, OR 97075
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~ 1815 NW 169th ; PO Box 217
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iTigard, OR 97223
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Beaverton OR 97006 Beavertan, OR 97075
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I-~---A
CITY OF TIGARD
, Community Development
Skaping A Better Community
CITY OF TIGARD
Waskington County, Oregon
NOTICE OF FINAL ORDER
BYTNETIGARD CITY COUNCIL
case Number(s): ZONE CNANGE AHNEIIATION QCA] 98-0001
Case Name(s): TURNER ANNEIIATION
Name of Owner: Steve Tumer
Name of Applicant: (Same as Owner) Address of Applicant: 2015 SW Kanan Street Citv: Portland State• Oreqon Zip• 97201
Address of Property: The proqertv is located north of SW Locust Street near SW 87th Avenue.
Tax Map & Lot No(s).: WCTM 1 S135AA, Tax Lot 00400.
Reauest: ➢ The applicant has requested annexation of .11 acres of property into the City of Tigard and to
adopt the City equivalent zoning of Neighborhood Commercial.
The Tigard City Council held a public hearing on June 9, 1998, on the matter. Consensus
was for approval of the Annexation as requested.
Zone: The proposed zone change is to City of Tigard Neighbofiood Commercial from
Washington County Neighborhood Commercial. APPLICABLE REVIEW CRITERIA:
Community Development Code Section 18.136.
Actlon: ➢ 19 Approval as Requested ❑ Approval with Conditions ❑ Denial
Notlce: Notice was published in the newspaper, posted at City Hall and mailed to:
0 Owners of Record within the Required Distance 0 Affected Governmental Agencies
0 The Affected Citizen Involvement Team Facilitator 19 The Applicant and Owner(s)
Anal Decisioo: % Or 6,; n r_n cp N o, 6[b. iLo
FTHE DECISION WAS SIGNED ON ,~me q,1998 AND BECOMES EFFECTIVE ON J~ ,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.
Questlons: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171.
ZCA 98-0007 TURNER ANNEXATION NOTICE OF FINAL OROER BY THE CI7Y COUNCIL
(COVER SHEEn
/ ZCA 98-0007 NOTICE OF FINAL nRDER BY CITY COUNCIL •EVr~,.
• Y Vl~'CJl T
' Steve Turner
2015 SW Kanan Street
Portland, OR 97201
i'
IITY OF TIGARD, OREGON •
ORDINANCE NO. 98-1 <.o
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0007-TURNER ANNEXATION AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public heazing on June 9, 1998 to consider a zoning designation for
one (1) parcel consisting of .l 1 acres located north of SW Locust Street and west of SW 87th Avenue; and
WHEREAS, on June 9, 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 of Neighborhood Commercial while implementing the City of Tigard's existing Comprehensive Plan
Designation of Neighborhood Commercial (C-N).
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Map/Lot Numbers
1 S 135AA, Tax Lot 00400
Current Comprehensive Plan Designation and Zoning
Wa. Co. Neighborhood Commercial New Comprehensive Plan Designation and Zoning
City of Tigard Neighborhood Commercial (C-N)
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{'1j~C/Li n'1,C4S vote of all C uncil members present after being read by number and title
only, this day of ,c, , 1998.
herine Wheatley, City ecord
APPROVED: By Tigard City Council this da f LL , 1998.
J .11
J PsNiiocli, Mayor
App~ ved as to form•
,
Ci Atto ey ~
Date
ORDINANCE NO. 98- i:\citywide\ord\zca98-07.ord
Page 1 of I Julia P H 21-May-98 3:22 PM
I .
Agenda Item: !
Hearing Date: June 9,1998 7:30 PM
a qp ~s 7
. : . . STAFF REPORT fT~O ~THE
~
.
,
oF noaR~~:
CITY COUNCIL' cm
_ .
.
~ FORTNE~'CITY~aOFTIGARD,1.OREGOH ~~ty.
7, .a:SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: TURNER ANNEXATION
Zone Change Annexation ZCA 98-0007
PROPOSAL: To annex one (1) lot consisting of .11 acres of un-incorporated
Washington County land into the City of Tigard and to change the
Comprehensive Plan and Zoning Designations from Washington
County Neighborhood Commercial to City of Tigard Neighbofiood
Commercial, C-N.
APPLICANT: Steven Tumer OWNERS: Various Owners
2015 SW Kanan Street (List Available
Portland, OR 97201 Upon Request)
CURRENT
ZONING .
DESIGNATION: Washington County Neighborhood Commercial. RECOMMENDED
ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of
Neighborhood Commercial (C-N) be designated upon annexation as
this designation most closely conforms to the County's current
designation.
LOCATION: The subject parcel is located north of SW Locust Street and west of
SW 87th Avenue; WCTM 1S135AA, Tax Lot 00400.
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 Sections 18.136 and
18.138. SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the.proposedannexation will nofadversely
affect the health, safety and welfare of the Ci.ty.. Therefore;~staff,recommends::. ;
APPROVAL of the annexation by.:adoption of. the attached Resolution; and. Ordinan' ce
• ~ ta,~.,...x.a_
STAFF REPORT TO THE CITY COUNCIL PAGE t OF 4
ZCA 98-0007 • TURNER ANNEXATION 6/9/98 PUBUC HEARING
~ i
" SECTION III. BACKGROUND INFORMATION
. Site History:
The property is currently vacant. The owner of the lot wishes to annex in order to develop
the property and receive city services. No development proposal has been formally
proposed, nor has the applicant scheduled a pre-application meeting.
Vicinity Information:
The area to be annexed is .11 acres. The existing city boundary runs along the southem
portion of this property, along SW Locust Street. The site and the property to the north, east
and west are within Tigard's Area of Interest but outside of the Tigard city limits. The
properties to the north, east and west are outside city limits and zoned Neighbofiood
Commercial (C-N) and the property to the south is inside the city limits and zoned R-12.
Site Information and Proposal Description:
The proposal is to annex into the City of Tigard in order to develop the property and obtain
City services.
The applicant has requested that the .11 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
owner.
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 policies of the
Comprehensive Plan based an the following findings:
Policy 2.1.1:
This Policy requires an ongoing citizen involvement program and is satisfied because the
East CIT and surrounding property owners have been notified of the public hearing and
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, Unified Sewerage
Agency (USA) and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation
request and have offered no objections.
STAFF REPOFT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98•0007 - TURNER ANNEXATION 6!9l98 PUBLIC HEAR{NG
. • •
Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjacent to property on the south that is inside the Tigard city limits. The affected land is
Iocated within the City's Urban Services Area (Area of Interest) and is contiguous to the city
boundary. Adequate services are also available to accommodate the properties. The Police
Department has been notified of this request and has no objections, however, they have
requested that all properties east and west of the property be offered the option to annex in
efforts to provide consistency in addressing and to reduce confusion to emergency service
providers. Staff has sent letters to the property owners directly east and west of the site. If
they wish to annex, the attached City Council Ordinance and Resolution can be amended
accordingly.
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:
The applicable Comprehensive Plan Policies and Community Development Code provisions
have been reviewed and satisfied as previously indicated in this report.
The City of Tigard zoning designation of Neighborhood Commercial most closely conforms
to the County designation of the same classification. 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.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0007 - TURNER ANNEXATION 6/9/98 PUBLIC HEARING
• • •
SECTION VI. AGENCY COMMENTS
The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified
Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley
Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington
County have had the opportunity to review the proposal and have offered no objections.
BASED.ON THE FINDINGS INDICA,T;ED`,ABOVE, P.;L:A,NNINC-STAFF;.:::,.
: RECOMMENDS AP.PROVAL OF~,ZONE CHANGE,ANNEXATION ; , '
• . ° ZCA)li~98_ 0007 TURNER"ANNEXATION2c!~
...1, ~ .
dAl Ma 21 199
v 8
PREPARED BY~: Julia Powell Vajduk DATE
Associate Planner
4', Mav 21. 1998
APPROVED BY: Richard Bewepdo-iff DATE
Planning Manager
i:\curplnvulia\annex\zca98-07.doc
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0007 - TURNER ANNEXATION 6!9/98 PUBLIC HEARING
• ~ •
• • CITY OF TIGARD, OREGON
RESOLUTION NO. 98-30
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0007 - TURNER 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 hearing on June 9, 1998 to consider the annexation of one
tax lot consisting of . l 1 acres located north of SW Locust Street and west of SW 87th Avenue; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and '
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half of the land in the temtory proposed to be annexed; and
WHEREAS, the property which currently lies within the boundary of the Washington Counry 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 Bound ommission at once.
PASSED: This day of ± ary , 1998.
M - City of Tigard
ATTEST:
OGWL
City Recorder - City of Tigard
Date
RESOLUTION NO. 98-_W i:kitywide\res\zca98-07.res
Page 1 of 1 Julia P H 21-May-98 3:22 PM
. ~ ~ Exx~~
r.. r ~.+~r
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ZCA 98-0007
'Curner Annexation
Legal Description:
A tract oF land situated in the NE1/4 ot the NE `l4 of Section 35, Township 1South, Range
1 West, ot the Willamette yteridian. in the County of Washington and State of Oregon,
more particularly described as follows:
Be~inning at a point S89°30'W 60 ft from the Initial point of the TOWN OF vtETZGER
as recorded in the records ot Washington County; chence South 82.25 feet to the North
right of way line of SW Locust Street; thence S89 °30' W 31.10 ft; thence NO°21' W
10.00 ft; thence S89 °36' W47.59 ft; thence along a 1885.1 ft radius, non-tangen[ curve to
the left (chord bears N24° > j' 54" E, 79.77 ft) a distance of 79.78 ft; thence N89°30' E
43.36 ft to the point of beginning.
.
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AFFiDAV1T OF MAIUNG
STATE OF OREGON )
County of Washington )
City of Tigard }
V-e, S S i CG- ~ pM C 2 hereby csrtsfy:
Please Print
That l am a ~ for the City of Tigard, Oregon.
That I sen,ed notics of the Tigard City Councii K) 0+1 ft- D'~- F-10Gt ~
(SrA.Qr (Z CA-. q ~-D0-7 TLc*-aew- A-YirWka~ 147 .
of which the attached is a copy (Marked Exhbit A) upon each of the following named
7h
persons on the ~ day of U(,(.4.t . 19 _ 9 by m2,iting to each of
them at the address shown on the attached I'ist (Marked Exhibit B), said notica is hereto
attached, and deposrted in the United States Maii on the day of (JLtY7 e-
19 ~ 0. postage prepaid.
repared Notice
Subscribed and sworn to before me this%;&t~ day of _ 19
OFFICIAL SEAL
M JO AtdN HAYES NOTARY PUBLIC-OREGON Notary Pu i of Oregcn
' COMMISSION NO. 042148 My Cammission Expires: LT4~
MY 6~M1v91S$ION EXPIRES MAY 05, 1999
h: \IcSin\cathy\afofmaii
• •
• CITY OF TIGARD, OREGON
RESOLUTION NO. 9830
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0007 - TURNER 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 hearing on June 9, 1998 to consider the annexation of one (1)
tax lot consisting of . I 1 acres located north of SW Locust Street and west of SW 87th Avenue; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half 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 ommission at once.
f
PASSED: This `7 L'41 day of 1998.
M - City of Tigard
ATTEST:
Certified to be a Trve Copy of
LC'~~( y1.2 Original on file ? ~~1G~:~'I G~ NAI,L
City Rccorder - City of Tigard
By:
~L-^ 0? Cifiy Recorder - City of Tigard
Date Date:
RESOLUTION NO. 98-~,Q iAcitywide\res\zca98-07.res
Page 1 of 1 Julia P H 21-May-98 322 PM
ExxzB IT A
ZCA 98--0007
'furner Annexation Legal Description:
A tract oF land situated in the NE of the NE 'f4 oF Section 35, Township 1 South, Ran-ge
1 West, ot'the Willamette vieridian, in the County of Washington and State of Oregon,
more parcicularly described as follows: 'Bebinning at a point S89°30'W 60 ft from the Initial point of the TOWN OF METZGER
as recorded in the records ot Washington Counry; thence South 32.25 Feet to the North
rilo;ht ot way line of SW Locust Street; thence S89'30'W 31.10 ft; thence N0021'W
10.00 fr; thence S89 °36' W47.59 ft; thence along a 1885.1 tt radius, non-tangent curve to
the left (chord bears N240 5 J'54" E, 79.77 ft) a distance of 79.73 ft; thence N89030'E
48.36 ft to the point of beginning.
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PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO: 3924 - Annexation of territory to the City of Tigard.
Proceedings on Proposal No. 3924 commenced upon receipt by the Boundary Commission of a
petition of property owners/registered voters and resolution from the Tigard City Council on June
26, 1998, requesting that certain property be annexed to the City. The petitions and resolution
meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section
(2)(a) lB).
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
August 20, 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
, , ' • •
in most cases better able to assess the financiai resources and therefore is the best
mechanism for establishing community service priorities.
"(2) It is the intent of the Legislative Assembly that each boundary commission
establish policies and exercise its powers under this chapter in order to create a
governmental structure that promotes efficiency and economy in providing the widest
range of necessary services in a manner that encourages and provides planned, well-
ordered and efficient development patterns.
"(3) The purposes of ORS 199.410 to 199.534 are to:
"(a) Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in order to prevent illogical extensions of local government
boundaries and to encourage the reorganization of overlapping governmental agencies;
"(b) Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
"(c) Provide an impartial forum for the resolution of local government jurisdictional
questions;
"(d) Provide that boundary determinations are consistent with acknowledged local
comprehensive plans and are in conformance with state-wide planning goals. In
making boundary determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
comprehensive plan provides inadequate policy direction shall the commission consider
the statewide planning goals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
" 199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of tand that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) Territory within a city may not be included within or annexed to a district
without the consent of the city council;
"(b) Territory within a city may not be included within or annexed to another city;
and
Final Order - Page 2
. , ' • •
"(c) Territory within a district may not be included within or annexed to another
district subject to the same principal Act."
The Commission also considered its policies adopted under Administrative Procedures Act
(specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and
decisions and past direct and indirect instructions of the State Legislature in arriving at its decision.
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto.)
ORDER
On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary
Commission approved Boundary Change Proposal No. 3924 on August 20, 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:
Final Order - Page 3
. , ' • 0
Exhibit A
Proposal No. 3924
FINDINGS
Based on the study and the public hearing, the Commission found:
1. The territory to be annexed contains .11 acres, is vacant and is evaluated at $25,000.
2. The owners desire city services to facilitate development. They propose to develop the site
into a small (1500 square feet) office building.
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. Policy 15 of the Washington County Comprehensive Plan states the County's "Roles And
Responsibilities" relative to Urbanization:
It is the policy of Washington County to work with service providers, including cities and special
districis, and the Portland Metropolitan Area Boundary Commission, to insure that facilities and
services required for growth will be provided when needed by the agency or agencies best able
to do so in a cost effective and efficient manner.
The County Community Plan consists of a plan map and plan text which includes identifi-
cation of general design elements, specific design elements and areas of special concern.
The County community plan for this area is the Metzger-Progress Community Plan. This
Community Plan identifies the territory to be annexed as NC, Neighborhood Commercial.
This designation "permits smaller scale commercial facilities which are generally oriented
towards serving the surrounding neighborhood area."
The General Design Elements of the Metzger-Progress Community Plan include such items as
encouragement of the protection of significant trees, retention of open space, preservation of
older sound housing stock where feasible, etc.. The last general design element (No. 22)
states:
Piecemeal annexation of land in this Planning Area shall be discouraged because it damages the
character of the Metzger community. If annexation is to occur, then annexation as a community
unit is preferred.
(NOTE: It should be noted that several large scale and a number single lot annexations
in the Metzger area have occurred since this general preference was placed in
Final Order - Page 4
. • ' • •
Exhibit A
Proposal No. 3924
the Plan. Also more specific conditions for annexation are laid out in the
UPAA and the City's Comprehensive Plan-see below.) 6. The City of Tigard and Washington County have entered into an Urban Planning Area
Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive
Plans. The UPAA sets out an "Active Planning Area" within which the City assumes
responsibility for land use planning, and an "Area of Interest" in which the County agrees to
coordinate its planning because of the potential impacts on Tigard. This proposal falls within
the "Area of Interest" as designated in the UPAA. The following pertinent provisions are
from Section B, "Area of Interest" portion of the UPAA:
A. Area of Interest
1. Definition
Area of Interest or Primarv Area of Interest means unincorporated lands
contiguous to the Active Planning Area in which the CITY does not conduct
comprehensive planning but in which the CITY does maintain an interest in
comprehensive planning and development actions by the COUNTY because of
potential impacts on the CITY Active Planning Area....
2. The COUNTY shall be responsible for comprehensive planning and develop-
ment actions within the Area of Interest.
3. The COUNTY is responsible for the preparation, adoption and amendment of
the public facility plan required by OAR 660-1 1 within the Area of Interest.
4. The CITY may consider requests for annexations in the Area of Interest
subject to the following:
a. The C►TY shall not require anriexation of lands in the Area of Interest
as a condition to the provision of urban services for development.
b. Annexations by the CITY within the Area of Interest shall not create
islands unless the CITY declares its intent to complete the island
annexation.
c. The CITY agrees in principle to a plebiscite or other representative
means for annexation in the Metzger/Progress Community Planning
Area, which includes Washington Square, within the CITY Area of
Interest. Not contrary to the foregoing, the CITY reserves all of its
rights to annex and acknowledges the rights of individual proper[y
owners to annex to the CITY pursuant to Oregon Revised Statutes.
d. Upon annexation of land within the Area of Interest to the CITY, the
CITY agrees to convert COUNTY plan designations to CITY plan
designations which most closely approximate the density, use provi-
sions and standards of COUNTY designations. Furthermore, the CITY
agrees to maintain this designation for one year after the effective
date of annexation unless both the CITY and the COUNTY Planning
Final Order - Page 5
. , ' • •
Exhibit A
Proposal No. 3924
Directors agree at the time of annexation that the COUNTY designa-
tion is outdated and an amendment may be initiated before -the one
year period is over.
7. Washington County reviewed its role in service provision in its Countv 2000 program. This
program essentially lays out a Iong range strategic and fiscal plan for the County. In this
document, the County adopted a policy of supporting a service delivery system which
distinguishes between municipal and county-wide services to achieve tax fairness and
expenditure equity in the provision of public services. The County policy states that
municipal services should be provided either by cities or special districts.
8. The Tigard Comprehensive Plan consists of the Resource Document (Volume I) and the
Findings, Policies & Imqlementation StrateQies (Volume II). The Tigard Community
Development Code and the Washington County-Tigard Urban Planning Area Agreement
should also be considered a part of the Comprehensive Plan.
The City of Tigard has a"city limits" plan. The County's plan and ordinances remain r,
applicable unless the City takes other action after the annexation is effective.
The following policies from Volume II of the Tigard Comprehensive Plan appear to be
relevant to this proposal:
Policy 7.1.1 THE CITY SHALL:
a. Prepare and implement a capital improvements program in conjunction
with Washington County and the applicable service districts;
b. Work with the service districts to provide a coordinated system for
providing services;
c. Provide urban services in accordance with the Comprehensive Plan to the
extent of the City's financial resources;
d. Use the Capital Improvements Program as a means for providing for
orderly growth and the efficient use of tand;
e. Develop a Comprehensive Plan with consideration being given to the
level and capacity of the existing services; and
f. Adopt locational criteria as the basis for making decisions about the
property location for public facilities.
POLICY 7.1.2 THE CITY SHALL REd.UIRE AS A PRE-CONDITION TO DEVELOPMENT
APPROVAL THAT:
a. Development coincide with the availability of adequate service capacity
including:
Final Order - Page 6
. ' ' • •
Exhibit A
Proposal No. 3924
1. Public water;
2. Public sewer shall be required for new development within the City
unless the property involved is over 300 feet from a sewer line and
Washington County Health Department approval for a private
disposal system is obtained; and
3. Storm drainage.
b. The Facilities are:
1. Capable of adequately serving all intervening properties and the
proposed development; and
2. Designed to City standards.
c. All new development utilities to be placed underground.
PoliCy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD:
a. The city shall review each of the following services as to adequate capacity, or
such services to be made available, to serve the parcel if developed to the most
intense use allowed, and will not significantly reduce the level of services
available to developed and undeveloped land within the City of Tigard. The
services are:
1. water;
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted capital improvements program ordinance, the applicant
shall sign and record with Washington County a nonremonstrance agreement
regarding the following:
1. The formation of a local improvement district (L.I.D.) for any of the
following services that could be provided through such a district. The
extension or improvement of the following:
a) water;
b) sewer;
c) drainage; and
d) streets.
2. The formation of a special district for any of the above services or the
inclusion of the property into a special district for any of the above
services.
Final Order - Page 7
. ' ' • •
Exhibit A
Proposal No. 3924
c. The City shall provide urban services to areas within the Tigard urban planning
area or within the urban.growth boundary upon annexation. •
Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED
ON FINDINGS WITH RESPECT TO THE FOLLOWING:
a. The annexation eliminates an existing "pocket" or "island" of unincorporated
territory; or
b. The annexation will not create an irregular boundary that makes it difficult for
the police in an emergency situation to determine whether the parcel is within or
outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to
the city boundary;
e. The annexation can be accommodated by the services listed in 10.1.1(a).
Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON
COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY OF
TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO
THE COUNTY ZONING DESIGNATION.
Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE
(USA) LINES EXCEPT:
a. Where applications for annexation for those properties have been submitted to
the City; or
b. Where a nonremonstrance agreement to annex those properties has been signed
and recorded with Washington County and submitted to the City; or
c. Where the applicable state or county health agency has declared that there is a
potential or imminent health hazard.
The pertinent Tigard Community Development Code sections appear to be Chapters 18.136, Annex-
ations; and 18.138, Established/Developing Area Classification.
Chapter 18.136 contains approval standards for the City Council when reviewing a proposed
annexation prior to submission to the Boundary Commission. These standards are:
A. The decision to approve, approve with modification, or deny an application to annex
property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity to
provide service for the proposed annexation area; and
Final Order - Page 8
0 .
Exhibit A
Proposai No. 3924
2. The applicable comprehensive plan policies and implementing ordinance provi-
sion have been satisfied.. '
B. The plan designation and the zoning designation placed on the property shall be the
City's zoning district which most closely implements the City's or County's compre-
hensive plan map designation.
C. The determination of whether the property is an established area or a developing area
will be based on the standards contained in Chapter 18.138.
Chapter 138 provides standards for classifying all lands annexed to the City as either
Established Area (unbuildable or essentially built-out) or Developing Area (buildable). The
code requires that one of these two designations be applied to all land at the time of
annexation.
The City Council conducted a public hearing on the annexation and approved the annexation
on June 9, 1998.
9. There is an 8-inch City sewer located in SW Locust St. along the south edge of the territory
to be annexed.
The territory is within the Unified Sewerage Agency of Washington County as is the City.
The Unified Sewerage Agency has a standard agreement between the Agency and the large
cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and
Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's
construction and maintenance standards for sanitary and storm water sewer facilities, 2)
follow and accomplish the Agency's work program for storm and surface water, 3) obtain
the Agency's consent before issuing construction permits within wetlands, floodways and
floodplains. The agreement provides that the city owns and is responsible for sanitary
sewer lines under 24 inches in diameter within the City limits and for storm water facilities
within the City limits as identified on a map (virtually all facilities). The Unified Sewerage
Agency is responsible for all industrial waste discharges, both in and out of cities. The
Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the
City within the City's Urban Planning Area (as identified in the City-County UPAA) unless
the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees
and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs
of treatment and transmission of the sewage or storm water. The City may impose higher
costs than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $15.30 per month plus a consumption charge of
$1.386 per 100 cubic feet of water used by the customer. These City charges are the
same as those charged by U.S.A..
10. This property is already served water via an 8 inch Tualatin Valley Water District line located
in SW Locust Street.
Final Order - Page 9
. , ' • ~
Exhibit A
Proposal No. 3924
The territory to be annexed to the City of Tigard lies within the Tualatin Valley Water
District, in the area of the District formerly in the Metzger Water District. The City of
Tigard and the Tualatin Valley Water District have an informal agreement that territory in
this area (Metzger) will not be withdrawn from the District upon annexation to the City until
the Tigard Water Department is able to extend service to the annexed sites.
The Tualatin Valley Water District serves primarily the northeastern portion of Washington
County, bounded generally by Portland on the East, Tigard and Beaverton on the southeast
and south, and Hillsboro to the West, and Skyline Drive to the North. As a result of a
merger in 1991 the District includes territory previously served by the Metzger Water
District.
The Tualatin Valley Water District purchases water from the City of Portland on a wholesale
basis. The District owns 74.5 % of the Washington County Supply Line (WCSL), or
approximately 44.7 MGD of the 60 MGD available. Tualatin Valley has 29.4 MGD of
capacity available, on standby, from the City of Portland's Arlington and Burlingame
standpipes. The share of this available to the Metzger area is 7.4 MGD which would come
from the Burlingame standpipe.
The Joint V1/ater Commission (JWC) provides some additional potential capacity to the
Tualatin Valley Water District. The JWC is a partnership between Hillsboro, Forest Grove
and Beaverton that enables each city or district member to opt into the water supply as
needed. Treated water originating in the Tualatin River headwaters, Scoggins Reservoir, and
the Trask River Dam is sotd by the Commission to its members. The TVWD currently owns
6 MGD of capacity, and is committed to participation in an improvement project (the
expansion of the Barney reservoir) which will provide an additional 12 MGD to the TVWD.
Tualatin Valley Water District's total water source amount is currently 50.7 MGD. After the
completion of the Barney reservoir, which supplies the JWC, that figure will be 62.7 MGD.
The current water rates for the Tualatin Valley Water District are based on bi-monthly
charges. A residential 3/4" meter is charged a base charge of $9.75 plus $1.19 per 100
cu. ft. (ccf) for the first 50 hundred cubic feet. Additional use is charged 52.00/ccf. The
system development charge for a standard 3/4 inch meter is $2160 per equivalent
residential unit (ERU).
11. Upon annexation to the City, the territory will be automatically withdrawn from the
Washington County Enhanced Sheriff's Patrol District and the District's $ .6372 per
thousand property tax will no longer be levied against the territory. The County Service
District provides a level of service of .51 officers per 1000 population which in addition to
the general County level of .43 officers per 1000 population means that the current level is
.94 officers per 1000 population.
Subsequent to annexation, the Tigard Police Department will provide police protection to the
territory. Tigard provides a service level of 1.4 officers per thousand population.
Emergency response in Tigard is under five minutes.
Final Order - Page 10
. 1 ' • •
Exhibit A
Proposal No. 3924
12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not
affect this service because the City is in the District. 13. The territory is within the boundary of the Washington County Urban Road Maintenance
District. Upon annexation the territory will be automatically withdrawn from the District and
the District's levy of $.2458 per $1000 assessed value will no longer apply to the property.
14. The territory is within the boundary of the Washington County Vector Control District.
Tigard is not a part of the District. Upon annexation, the territory will be automatically
withdrawn from the unfunded Washington County Vector Control District.
15. The territory is within the Washington County Service District #1 for street lights. The
District provides services to areas within its boundary which request street lighting services.
The District uses local improvement districts to finance the service. Upon annexation 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.
16. Tigard operates a park system funded through its tax base which finances the general fund.
Tigard has 6 developed recreation park sites.
17. There are eleven public libraries in Washington County, nine of which are provided by cities,
including Tigard.
18. The Unified Sewerage Agency levies an annual assessment for storm drainage services of
$36 per dwelling unit of which $24 goes to the City.
Final Order - Page 11
~
PROPOSAL ■ 3924
NE1/4 NE1/4 SECTION 35 T1S R1W W.M. 1S .1' 35AA
Washington County
Scale: 1200'
ea•
~ ~ ~ T 102 '•Js36 u.uua n
/ m.n I me.mn
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AREA TO BE
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53 5 2,.
PROPOSAL N0, 3924 ~ 36P0 1e soo' 3300 ~ 43Op C)~o
CITY OF TIGARD S~
ANNEXATION 3~,0
FIGURE 2 'Z°' ~ 'w°
~6 I 2 r~ I aC l, J•I ',s'.
PI-NE - E + TIGAi=
STREET •IS I
~ . .
` ~ •
Exhibit A
Proposal No. 3924
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with City, County, and Regional planning for the area.
2. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status
(OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR
193-05-015).
~
Final Order - Page 12
Exhibit B
Proposal No. 3924
LEGAL DESCRIPTION
ANNEXATION TO ,
City of Tigard
A tract of land situated in the Northeast quarter of the Northeast quarter of Section 35,
Township 1 South, Range 1 West of the Willamette Meridian in the County of Washington
and State of Oregon, more particularly described as follows:
Beginning at a point South 89130' West, 60 feet from the Initial Point of the TOWN OF
METZGER as recorded in the records of Washington County; thence South 82.25 feet to
the North right-of-way of SW Locust Street; thence South 89030' West, 31.10 feet;
thence North 00021' West, 10.00 feet; thence South 89136' West, 47.59 feet; thence
along a 1885.1 foot radius, non-tangent curve to the left (chord bears North 24155'54"
East, 79.77 feet) a distance of 79.78 feet; thence North 89030' East, 48.36 feet to the
Point of Beginning.
Final Order - Page 13
September 11, 1998 C~ OF ~G~D
OREGON
Annexations
Center for Population Research & Census
Portland State University
PO Box 751
Portland, OR 97207
RE: Annexation Final Order Number 3924
Enclosed please find the questionnaire and completed census schedule for the above
referenced annexation.
Thank you,
Vivian Nimmo
Administrative Specialist I
~
enclosures
i:\curpln\vivian\annex\psucover.doc
c: Land use file ZCA 98-0007
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~y . ~ •
Return completed questionnaire to:
Center for Papulation Research and Census Portland State University
P.O. Box 751
Pvrtland, OR 97207-0751
A N N E S A T I a N. Q II E 8 T I O N N A I R E
City of Tiqard Courlty of Washing -on
Annexation Ordinance Number or Final Order Number 3924
Effective Date of Annexation Auqust 20, 1998
. . ,
NOTE: Enumeration of annexations which involve 200 or more housing
units must be conduczed under the supervision of the Center for
Population Research and Census in order to be certified to the
Secretary of State. Complete the following section if there are less
than 200 housinq units in this annexation.
Attach completed confidential census schedules for all housing units
both vacant and occupied. There must be one sheet for each
inhabitable housing unit.
HOUSING UNITS P,ND POPULATION AT TIME OF ANNEXATION
TOTAL OCCUPIED VACANT PERSONS
UNITS IN SINGLE FAMILY STRUCTURES 0
UNITS IN MULTIPLE FAMILY STRUCTURES 0
MOBILE HOMES OR TRAILERS 0
TOTAL POP[TLATION OF ANNEXED AREA 0 Date of Certif ication 9/10/98
. CERTIFIED BY. Vivian Nimmo TITLE Administrative Specialist I TELEPHONE NUMBER (503) 639-4171 ext. 419
This questionnaire and the completed census schedules are the only
data used to certify annexed population to the Secretary of. State.
Please DO NOT send maps, copies of the final ordinance, lists of
addresses, etc. to our office unless you are requested to do so.
If there are any questions, or to schedule a census, contact Howard
Wineberg at the Center for Population Research and Census, 725-3922.
THANK YOU.
*CONFIDENTIAIA*
City of Tigard
Address No address; WCTM 251135AA, 00400
HOUSING TYPE TENURE
Single Unit Structure Owner Occupied
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home Vacant (X)
RESIDENTS
Last Name First Name Sex Age
Respondent
2.
3.
4.
5.
6.
7.
, g,
9.
10.
Portland State University School of Urban and Public Affairs
Center For Population Research and Census 725-3922
. ~ •
i,
Citq of Tigard
Community ~DeveCopment
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD, OREGON
TO: INTERESTED PARTIES
FROM: Vivian Nimmo, Planning Division Assistant
DATE: September 11, 1998
SUBJECT: Final Order, Annexation No. 3924 (ZCA 98-0007 - Turner Annexation)
We have received the final order from the Portland Metropolitan Area Local Government
Boundary Commission, Boundary Change Proposal No. 3924 (ZCA 98-0007
EFFECTIVE DATE: AUGUST 20, 1998
Map of the annexed property is attached. Census information is as follows:
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
Steve Turner WCTM 1S135AA, Tax Lot 00400
2015 SW Kanan Street Undeveloped, no address
Portland, OR 97201 Est. Population: 0
0
Please refer any questions to Julia Powell Hajduk at ext. 407.
Attachment
i:\curpln\vivian\annex\memo.doc
Annexation Memo - Page 1 of 1
PROPOSAL ■ 3924
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CITY OF TIGARD V~
ANNEXATION
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Citq of Tigard
Community DeveCopment
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Chief of Police, City Engineer, Engineering Technician/Jurisdiction
Coordinator, Water/Accounting (Amanda Bewersdorff), Building Official,
Library Director, GIS Specialist, City Recorder, Operations Manager and
DST Supervisor.
'1/j
FROM: Vivian Nimmo, Planning Division Assistant
DATE: September 11, 1998
SUBJECT: Final Order, Annexation No. 3924 (ZCA 98-0007 - Turner Annexation)
We have received the final order from the Portland Metropolitan Area Local Government
Boundary Commission, Boundary Change Proposal No. 3924 (ZCA 98-0007).
EFFECTIVE DATE: AUGUST 20, 1998
Map of the annexed property is attached. Census information is as follows:
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
Steve Turner WCTM 1 S135AA, Tax Lot 00400
2015 SW Kanan Street Undeveloped, no address
Portland, OR 97201 Est. Population: 0
Please refer any questions to Julia Powell Hajduk at ext. 407.
Attachment i:\curpl n\vivia n\a n nex\memo. doc
Annexation Memo - Page 1 of 1
~ • -T.
PROPOSAL ■ 3924
NE1 /4 NE1 f4 SECTION 35 T1 S R1 W W.M. 1 S 1' 35AA
Washington County
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PROPOSAL NOo 3924 soo' 3300 ~ 4300 ~~o
CITY OF TIGARD ~9~~~
ANNEXATION
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Citq of Tigard
Community DeveCopment
ShapingA BetterCommunity
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Chief of Police, City Engineer, Engineering Technician/Jurisdiction
Coordinator, Water/Accounting (Amanda Bewersdorff), Building Official,
Library Director, GIS Specialist, City Recorder, Operations Manager and
DST Supervisor.~
,~v-i
FROM: Vivian Nimmo, Planning Division Assistant
DATE: September 11, 1998
SUBJECT: Final Order, Annexation No. 3924 (ZCA 98-0007 - Turner Annexation)
This is a revised notice of the final order from the Portland Metropolitan Area Local
Government Boundary Commission, Boundary Change Proposal No. 3924 (ZCA 98-
0007). P/ease disregard the memorandum dated September 9, 1998.
EFFECTIVE DATE: AUGUST 20, 1998
Map of the annexed property is attached. Census information is as follows:
OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA:
Steve Turner WCTM 1 S135AA, Tax Lot 00400
2015 SW Kanan Street Undeveloped, no address
Portland, OR 97201 Est. Population: 0
Please refer any questions to Julia Powell Hajduk at ext. 407.
Attachment
i:lcurpln\vivian\a n nex\memo. doc
Annexation Memo - Page 1 of 1
OTY OF TIGARD, OREGON •
ORDINANCE NO. 98-1 b
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0007-TURNER ANNEXATION AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for
one (1) parcel consisting of .11 acres located north of SW Locust Street and west of SW 87th Avenue; and
WHEREAS, on June 9, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation
to the Portland Metropolitan Area Local Governnient Boundary Commission; and
WHEREAS, the zoning district designation recommended by Planning Staff, as set foRh in the attached staff
report and in Section 1 below, is that which most closely approximates the Washington County land use
designation of Neighborhood Commercial while implementing the City of Tigard's existing Comprehensive Plan
Designation of Neighborhood Commercial (C-N).
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Map/Lot Numbers
1 S 135AA, Tax Lot 00400
Current Comarehensive Plan Designation and Zoning
Wa. Co. Neighborhood Commercial
New Comprehensive Plan Designation and Zoning
City of Tigard Neighborhood Commercial (C-N)
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{I~"E i1 i n104S vote of all C uncil members present after being read by number and title
only, this Ci 41 day of ,t,~ C-, , 1998.
l j
Z~~
herine Wheatley, City ecord
APPROVED: By Tigard City Council this da f tLng~ , 1998.
J s Nicoli, Mayor
App;ved as to form•
,
Ci Atto ey J
F, 4S ~J'
Date
ORDINANCE NO. 98- iAcitywide\ord\zca98-07.ord
Page 1 of I Julia P H 21-May-98 3:22 PM
• •
Agenda Item:
Hearing Date: June 9,1998 7:30 PM
; ± . STAFF':REPORT TO..THE
7C [ y y 1
.
~=~CITY COUNCIL ~ . , . .
CITY OF TIOARD~
FOR TNE CITY.OFTIGARD, OREG`ON ~
. . . . :u . - _ . . . _ _ .
SECTION I. APPLICATION SUMMARY
' CASE: FILE NAME: TURNER ANNEXATION
Zone Change Annexation ZCA 98-0007
PROPOSAL: To annex one (1) lot consisting of .11 acres of un-incorporated
• Washington County land into the City of Tigard and to change the
Comprehensive Plan and Zoning Designations from Washington
County Neighborhood Commercial to City of Tigard Neighborhood
Commercial, C-N.
APPLICANT: Steven Tumer OWNERS: Various Owners
2015 SW Kanan Street (List Available
Portland, OR 97201 Upon Request)
CURRENT
ZONING
DESIGNATION: Washington County Neighborhood Commercial.
RECOMMENDED
ZONING
DESIGNATION: It is recommended that the City of Tigard Zoning Designation of
Neighborhood Commercial (C-N) be designated upon annexation as
this designation most closely conforms to the County's current
designation.
LOCATION: The subject parcel is located north of SW Locust Street and west of
SW 87th Avenue; WCTM 1 S135AA, Tax Lot 00400.
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 Sections 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 recomrriends ;
: APPROVAL of the annexation by adoption of the attached Resolufion 0n&Ordinance.
x ti,
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4
ZCA 98-0007 - TURNER ANNEXATION 6/9/98 PUBLIC HEARING
• •
SECTION M. BACKGROUND INFORMATION
Site Historv:
The property is currently vacant. The owner of the lot wishes to annex in order to develop
the property and receive city services. No development proposal has been formally
proposed, nor has the applicant scheduled a pre-application meeting.
Vicinitv Information:
The area to be annexed is .11 acres. The existing city boundary runs along the southem
portion of this property, along SW Locust Street. The site and the property to the north, east
and west are within Tigard's Area of Interest but outside of the Tigard city limits. The
properties to the north, east and west are outside city limits and zoned Neighborhood
Commercial (C-N) and the property to the south is inside the city limits and zoned R-12.
Site Information and Proposal Description:
The proposal is to annex into the City of Tigard in order to develop the property and obtain
City services.
The applicant has requested that the .11 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
owner.
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 policies 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
East CIT and surrounding property owners have been notified of the public hearing and
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, Unified Sewerage
Agency (USA) and Tualatin Valley Fire & Rescue (NF&R) have all reviewed the annexation
request and have offered no objections.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0007 - TURNER ANNEXATION 619/98 PUBIIC HEARING
, • •
' Policy 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjacent to property on the south that is inside the Tigard city limits. The affected land is
located within the City's Urban Services Area (Area of Interest) and is contiguous to the city
boundary. Adequate services are also available to accommodate the properties. The Police
Department has been notified of this request and has no objections, however, they have
requested that all properties east and west of the property be offered the option to annex in
efforts to provide consistency in addressing and to reduce confusion to emergency service
providers. Staff has sent letters to the property owners directly east and west of the site. If
they wish to annex, the attached City Council Ordinance and Resolution can be amended
accordingly.
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:
The applicable Comprehensive Plan Policies and Community Development Code provisions
have been reviewed and satisfied as previously indicated in this report.
The City of Tigard zoning designation of Neighborhood Commercial most closely conforms
to the County designation of the same classification. 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.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0007 - TURNER ANNEXATION 619/98 PUBLIC HEARING
. • •
' SECTION VI. AGENCY COMMENTS
The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified
Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley
Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington
County have had the opportunity to review the proposal and have offered no objections.
BASED ON THE FINDINGS INDICATED`ABOVE; PLANNING STAFF
; . . RECOMMENDS APPROVAL,OF,ZONE CHANGE~ANNEXATION:
' . ' :(ZCA)`r98-000:7, :TURNERtsANNEXATION~ti~
Ma 21 1998
PREPARED BY• Julia Powell Vajduk DATE
Associate Planner
- w Mav 21, 1998
APPROVED BY: Richard Bewepdo-iff DATE
Planning Manager
i:\curplnv ulia\annex\zca98-07.doc
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0007 - TURNER ANNEXATION 6/9/98 PUBLIC HEARING
• •
August 20, 1998 Hearing
PROPOSAL NO. 3924 - CITY OF TIGARD - Annexation
Petitioner: City of Tigard, Steve Turner
90th Day: September 24, 1998
Proposal No. 3924 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 on the north edge of the City, on the north
edge of SW Locust Street, east of SW Jefferson Street, and west of SW 87th Avenue.
The territory contains .11 acres, is vacant and is evaluated at $25,000:
REASON FOR ANNEXATION
The owners desire city services to facilitate development. They propose to develop the
site into a small (1500 square feet) office building.
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
Re4ional Planninct. The territory is within the regional Urban Growth Boundary and the
boundary of Metro.
Washinqton Countv Plannin4. Policy 15 of the Washington County Comprehensive Plan
states the County's "Roles And Responsibilities" relative to Urbanization:
It is the policy of Washington County to work with service providers, including cities and
special districts, and the Portland Metropolitan Area Boundary Commission, to insure that
Proposal No. 3924 - Page 1
• •
facilities and services required for growth will be provided when needed by the agency or
agencies best able to do so in a cost effective and efficient manner.
The County Community Plan consists of a plan map and plan text which includes identifi-
cation of general design elements, specific design elements and areas of special concern.
The County community plan for this area is the Metzger-Progress Community Plan. This
Community Plan identifies the territory to be annexed as NC, Neighborhood Commercial.
This designation "permits smaller scale commercial facilities which are generally oriented
towards serving the surrounding neighborhood area."
The General Design Elements of the Metzger-Progress Community Plan include such items
as encouragement of the protection of significant trees, retention of open space, preserva-
tion of older sound housing stock where feasible, etc.. The last general design element
(No. 22) states:
Piecemeal annexation of land in this Planning Area shall be discouraged because it damages
the character of the Metzger community. If annexation is to occur, then annexation as a
community unit is preferred.
(NOTE: It should be noted that several large scale and a number single lot
annexations in the Metzger area have occurred since this general preference
was placed in the Plan. Also more specific conditions for annexation are laid
out in the UPAA and the City's Comprehensive Plan-see below.)
Urban Plannin4 Area AQreement. The City of Tigard and Washington County have entered
into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and
Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area"
within which the City assumes responsibility for land use planning, and an "Area of
Interest" in which the County agrees to coordinate its planning because of the potential
impacts on Tigard. This proposal falls within the "Area of Interest" as designated in the
UPAA. The following pertinent provisions are from Section B, "Area of Interest" portion of
the UPAA:
A. Area of Interest
1. Definition
Area of Interest or Primarv Area of Interest means unincorporated lands
contiguous to the Active Planning Area in which the CITY does not conduct
comprehensive planning but in which the CITY does maintain an interest in
comprehensive planning and development actions by the COUNTY because
of potential impacts on the CITY Active Planning Area....
2. The COUNTY shall be responsible for comprehensive planning and develop-
ment actions within the Area of Interest.
Proposal No. 3924 - Page 2
• •
3. The COUNTY is responsible for the preparation, adoption and amendment of
the public facility plan required by OAR 660-11 within the Area of Interest.
4. The CITY may consider requests for annexations in the Area of Interest
subject to the following:
a. The CITY shall not require annexation of lands in the Area of Interest
as a condition to the provision of urban services for development.
b. Annexations by the CITY within the Area of Interest shall not create
islands unless the CITY declares its intent to complete the island
annexation.
c. The CITY agrees in principle to a plebiscite or other representative
means for annexation in the Metzger/Progress Community Planning
Area, which includes Washington Square, within the CITY Area of
Interest. Not contrary to the foregoing, the CITY reserves all of its
rights to annex and acknowledges the rights of individual property
owners to annex to the CITY pursuant to Oregon Revised Statutes.
d. Upon annexation of land within the Area of Interest to the CITY, the
CITY agrees to convert COUNTY plan designations to CITY plan
designations which most closely approximate the density, use provi-
sions and standards of COUNTY designations. Furthermore, the
CITY agrees to maintain this designation for one year after the
effective date of annexation unless both the CITY and ihe COUNTY
Planning Directors agree at the time of annexation that the COUNTY
designation is outdated and an amendment may be initiated before
the one year period is over.
Countv 2000. Washington County reviewed its role in service provision in its Countv
2000 program. This program essentially lays out a long range strategic and fiscal plan for
the County. In this document, the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
achieve tax fairness and expenditure equity in the provision of public services. The County
policy states that municipal services should be provided either by cities or special districts.
Citv of Ti4ard PlanninQ. The Tigard Comprehensive Plan consists of the Resource
Document (Volume I) and the FindinQS, Policies & Imolementation StrateQies (Volume II).
The Tigard Community Development Code and the Washington County-Tigard Urban
Planning Area Agreement should also be considered a part of the Comprehensive Plan.
The City of Tigard has a"city limits" plan. The County's plan and ordinances remain
applicable unless the City takes other action after the annexation is effective.
The following policies from Volume II of the Tigard Comprehensive Plan appear to be
relevant to this proposal:
Policy 7.1.1 THE CITY SHALL:
Proposal No. 3924 - Page 3
• •
a. Prepare and implement a capital improvements program in conjunction
with Washington County and the applicable service districts;
b. Work with the service districts to provide a coordinated system for
providing services;
c. Provide urban services in accordance with the Comprehensive Plan to
the extent of the City's financial resources;
d. Use the Capital- lmprovements Program as a means for providing for
orderly growth and the efficient use of land;
e. Develop a Comprehensive Plan with consideration being given to the
level and capacity of the existing services; and
f. Adopt locational criteria as the basis for making decisions about the
property location for public facilities.
POLICY 7.1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT
APPROVAL THAT:
a. Development coincide with the availability of adequate service
capacity including:
1. Public water;
2. Public sewer shall be required for new development within the
City unless the property involved is over 300 feet from a sewer
line and Washington County Health Department approval for a
private disposal system is obtained; and
3. Storm drainage.
b. The Facilities are:
1. Capable of adequately serving all intervening properties and the
proposed development; and
2. Designed to City standards.
c. All new development utilities to be placed underground.
Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD:
a. The city shall review each of the following services as to adequate
capacity, or such services to be made available, to serve the parcel if
developed to the most intense use allowed, and will not significantly
Proposal No. 3924 - Page 4
• •
reduce the level of services available to developed and undeveloped
land within the City of Tigard. The services are:
1. water; .
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted capital improvements program ordinance, the
applicant shall sign and record with Washington County a non-
remonstrance agreement regarding the following:
1. The formation of a local improvement district (L.I.D.) for any of
the following services that could be provided through such a dis-
trict. The extension or improvement of the following:
a) water;
b) sewer;
c) drainage; and
d) streets.
2. The formation of a special district for any of the above services
or the inclusion of the property into a special district for any of
the above services.
c. The City shall provide urban services to areas within the Tigard urban
planning area or within the urban growth boundary upon annexation.
Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE
BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING:
a. The annexation eliminates an existing "pocket" or "island" of unincor-
porated territory; or
b. The annexation will not create an irregular boundary that makes it
difficult for the police in an emergency situation to determine whether
the parcel is within or outside the city;
c. The police department has commented upon the annexation;
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).
Proposal No. 3924 - Page 5
• •
Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON
COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY
OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS
TO THE COUNTY ZONING DESIGNATION. ,
Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED
SEWERAGE (USA) LINES EXCEPT:
a. Where applications for annexation for those properties have been submitted
to the City; or
b. Where a nonremonstrance agreement to annex those properties has been
signed and recorded with Washington County and submitted to the City; or
c. Where the applicable state or county health agency has declared that there is
a potential or imminent health hazard.
The pertinent Tigard Community Development Code sections appear to be Chapters 18.136, Annex-
ations; and 18.138, Established/Developing Area Classification. ,
Chapter 18.136 contains approval standards for the City Council when reviewing a proposed
annexation prior to submission to the Boundary Commission. These standards are:
A. The decision to approve, approve with modification, or deny an application to annex
property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity
to provide service for the proposed annexation area; and
2. The applicable comprehensive plan policies and implementing ordinance provi-
sion have been satisfied.
B. The plan designation and the zoning designation placed on the property shall be the
City's zoning district which most closely implements the City's or County's compre-
hensive plan map designation.
C. The determination of whether the property is an established area or a developing
area will be based on the standards contained in Chapter 18.138.
Chapter 138 provides standards for classifying all lands annexed to the City as either
Established Area (unbuildable or essentially built-out) or Developing Area (buildable). The
code requires that one of these two designations be applied to all land at the time of
annexation.
The City Council conducted a public hearing on the annexation and approved the
annexation on June 9, 1998.
Proposal No. 3924 - Page 6
• •
FACILITIES AND SERVICES
Sewer. There is an 8-inch City sewer located in SW Locust St. along the south edge of
the territory to be annexed. The territory is within the Unified Sewerage Agency of Washington County as is the City.
The Unified Sewerage Agency has a standard agreement between the Agency and the
large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard,
Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the
Agency's construction and maintenance standards for sanitary and storm water sewer
facilities, 2) follow and accomplish the Agency's work program for storm and surface
water, 31 obtain the Agency's consent before issuing construction permits within wet-
lands, floodways and floodplains. The agreement provides that the city owns and is
responsible for sanitary sewer lines under 24 inches in diameter within the City limits and
for storm water facilities within the City limits as identified on a map (virtually all facilities).
The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and
out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to
areas outside the City within the City's Urban Planning Area (as identified in the City-
County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees
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 $15.30 per month alus a consumption charge of
$1.386 per 100 cubic feet of water used by the customer. These City charges are the
same as those charged by U.S.A..
Water. This property is already served water via an 8 inch Tualatin Valley Water District
line located in SW Locust Street.
The territory to be annexed to the City of Tigard lies within the Tualatin Valley Water
District, in the area of the District formerly in the Metzger Water District. The City of
Tigard and the Tualatin Valley Water District have an informal agreement that territory in
this area (Metzger) will not be withdrawn from the District upon annexation to the City
until the Tigard Water Department is able to extend service to the annexed sites.
The current water rates for the Tualatin Valley Water District are based on bi-monthly
charges. A residential 3/4" meter is charged a base charge of $9.75 plus $1.19 per 100
cu. ft. (ccf) for the first 50 hundred cubic feet. Additional use is charged 52.00/ccf. The
system development charge for a standard 3/4 inch meter is $2160 per equivalent
residential unit (ERU).
Police. Upon annexation to the City, the territory will be automatically withdrawn from the
Washington County Enhanced Sheriff's Patrol District and the District's $ .6372 per
Proposal No. 3924 - Page 7
• •
thousand property tax will no longer be levied against the territory. The County Service
District provides a level of service of .51 officers per 1000 population which in addition to
the general County level of .43 officers per 1000 population means that the current level is
.94 officers per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to
the territory. Tigard provides a service level of 1.4 officers per thousand population.
Emergency response in Tigard is under five minutes.
Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
Transportation. The territory is within the boundary of the Washington County Urban Road
Maintenance District. Upon annexation the territory will be automatically withdrawn from
the District and the District's levy of $.2458 per $1000 assessed value will no longer
apply to the property.
Vector Control. The territory is within the boundary of the Washington County Vector
Control District. Tigard is not a part of the District. Upon annexation, the territory will be
automatically withdrawn from the unfunded Washington County Vector Control District.
Street Lights. The territory is within the Washington County Service District #1 for street
lights. The District provides services to areas within its boundary which request street
lighting services. The District uses local improvement districts to finance the service.
Upon annexation the territory will be automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source.
Parks and Librarv. Tigard operates a park system funded through its tax base which
finances the general fund. Tigard has 6 developed recreation park sites.
There are eleven public libraries in Washington County, nine of which are provided by
cities, including Tigard.
Storm DrainaQe. The Unified Sewerage Agency levies an annual assessment for storm
drainage services of $36 per dwetling unit of which $24 goes to the City.
RECOMMENDATION
Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit
A, the staff recommends that Proposal No. 3924 be approved.
Proposal No. 3924 - Page 8
, ' • ~
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PROPOSAL ■ 3924
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PROPOSAL N0, 3924 - 36?° IE zao' 3300 L 4300 CITY OF TIGARD ~ ~j' n~e~~
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• •
Exhibit A
Proposal No. 3924
FINDINGS
Based on the study and the public hearing, the Commission found:
1. The territory to be annexed contains .11 acres, is vacant and is evaluated at
$25,000.
2. The owners desire city services to facititate development. They propose to develop
the site into a small (1500 square feet) office building.
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 ►ong term.
4. The territory is within the regional Urban Growth Boundary and the boundary of
Metro.
5. Policy 15 of the Washington County Comprehensive Plan states the County's
"Roles And Responsibilities" relative to Urbanization:
It is the policy of Washington County to work with service providers, including cities
and special districts, and the Portland Metropolitan Area Boundary Commission, to
insure that facilities and services required for growth will be provided when needed
by the agency or agencies best able to do so in a cost effective and efficient
manner.
The County Community Plan consists of a plan map and plan text which includes
identification of general design elements, specific design elements and areas of
special concern.
The County community plan for this area is the Metzger-Progress Community Plan.
This Community Plan identifies the territory to be annexed as NC, Neighborhood
Commercial. This designation "permits smaller scale commercial facilities which are
generally oriented towards serving the surrounding neighborhood area."
The General Design Elements of the Metzger-Progress Community Plan include such
items as encouragement of the protection of significant trees, retention of open
Findings - Page 1
• •
Exhibit A
Proposal No. 3924
space, preservation of older sound housing stock where feasible, etc.. The last
general design element (No. 22) states:
Piecemeal annexation of land in this Planning Area shall be discouraged because it
damages the character of the Metzger community. If annexation is to occur, then
annexation as a community unit is preferred.
(NOTE: It should be noted that several large scale and a number single lot
annexations in the Metzger area have occurred since this general
preference was placed in the Plan. Also more specific conditions for
annexation are laid out in the UPAA and the City's Comprehensive
Plan-see below.)
6. The City of Tigard and Washington County have entered into an Urban Planning
Area Agreement (UPAA) which is a part o.f both the County's and Tigard's adopted
Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which
the City assumes responsibility for land use planning, and an "Area of Interest" in
which the County agrees to coordinate its planning because of the potential impacts
on Tigard. This proposal falls within the "Area of Interest" as designated in the
UPAA. The following pertinent provisions are from Section B, "Area of Interest"
portion of the UPAA:
A. Area of Interest
1. Definition
Area of Interest or Primarv Area of Interest means unincorporated
lands contiguous to the Active Planning Area in which the CITY does
not conduct comprehensive planning but in which the CITY does
maintain an interest in comprehensive planning and development
actions by the COUNTY because of potential impacts on the CITY
Active Planning Area.. . .
2. The COUNTY shall be responsible for comprehensive planning and
development actions within the Area of Interest.
3. The COUNTY is responsible for the preparation, adoption and
amendment of the public facility plan required by OAR 660-1 1 within the Area of Interest.
4. The CITY may consider requests for annexations in the Area of
Interest subject to the following:
a. The CITY shall not require annexation of lands in the Area of
Interest as a condition to the provision of urban services for
development.
Findings - Page 2
~ •
Exhibit A
Proposal No. 3924
b. Annexations by the CITY within the Area of Interest shall not
create islands unless the CITY declares its intent to complete
the island annexation.
c. The CITY agrees in principle to a plebiscite or other
representative means for annexation in the Metzger/Progress
Community Planning Area, which includes Washington
Square, within the CITY Area of Interest. Not contrary to the
foregoing, the CITY reserves all of its rights to annex and
acknowledges the rights of individual property owners to
annex to the CITY pursuant to Oregon Revised Statutes.
d. Upon annexation of land within the Area of Interest to the
CITY, the CITY agrees to convert COUNTY plan designations
to CtTY plan designations which most closely approximate
the density, use provisions and standards of COUNTY
designations. Furthermore, the CITY agrees to maintain this
designation for one year after the effective date of
annexation unless both the CITY and the COUNTY Planning
Directors agree at the time of annexation that the COUNTY
designation is outdated and an amendment may be initiated
before the one year period is over.
7. Washington County review,ed its role in service provision in i:s Countv 2000
program. This program essentially lays out a long range strategic and fiscal plan for
the County. In this document, the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
achieve tax fairness and expenditure equity in the provision of public services. The
County policy states that municipat services should be provided either by cities or
special districts.
8. The Tigard Comprehensive Plan consists of the Resource Document (Volume I) and
the Findinqs Policies & Imqlementation Strate4ies (Volume II). The Tigard
Community Development Code and the Washington County-Tigard Urban Planning
Area Agreement should also be considered a part of the Comprehensive Plan.
The City of Tigard has a"city timits" plan. The County's plan and ordinances
remain applicable unless the City takes other action after the annexation is
effective.
The following policies from Volume II of the Tigard Comprehensive Plan appear to
be relevant to this proposal:
Policy 7.1.1 THE CITY SHALL:
Findings - Page 3
• •
. Exhibit A
• Proposal No. 3924
a. Prepare and implement a capital improvements program in
conjunction with Washington County and the applicable service
districts;
b. Work with the service districts to provide a coordinated system
for providing services;
c. Provide urban services in accordance with the Comprehensive
Plan to the extent of the City's financial resources;
d. Use the Capital Improvements Program as a means for providing
for orderly growth and the efficient use of land;
e. Develop a Comprehensive Plan with consideration being given to
the level and capacity of the existing services; and ,
f. Adopt locational criteria as the basis for making decisions about
the property location for public facilities.
POLICY 7.1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO
DEVELOPMENT APPROVAL THAT:
a. Development coincide with the availability of adequate service
capacity including:
1. Public water;
2. Public sewer shall be required for new development within
the City unless the property involved is over 300 feet from
a sewer line and Washington County Health Department
approval for a private disposal system is obtained; and
3. Storm drainage.
b. The Facilities are:
1. Capable of adequately serving all intervening properties
and the proposed development; and
2. Designed to City standards.
c. All new development utilities to be placed underground.
PoliCy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD:
Findings - Page 4
, . •
Exhibit A
Proposal No. 3924
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. wafer;
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted capital improvements program ordinance, the
applicant shall sign and record with Washington County a non-
remonstrance agreement regarding the following:
1. The formation of a local improvement district (L.I.D.) for any of
the following services that could be provided through such a dis-
trict. The extension or improvement of the following:
a) water;
b) sewer;
c) drainage; and
d) streets.
2. The formation of a special district for any of the above services
or the inclusion of the property into a special district for any of
the above services.
c. The City shall provide urban services to areas within the Tigard urban
planning area or within the urban growth boundary upon annexation.
Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE
BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING:
a. The annexation eliminates an existing "pocket" or "island" of unincor-
porated territory; or
b. The annexation will not create an irregular boundary that makes it
difficult for the police in an emergency situation to determine whether
the parcel is within or outside the city;
c. The police department has commented upon the annexation;
Findings - Page 5
• •
Exhibit A
Proposal No. 3924
d. The land is located within the Tigard urban planning area and is
contiguous to the city boundary;
e. The annexation can be accommodated by the services listed in
10.1.1(a). .
Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A
WASHINGTON COUNTY ZONING DESIGNATION, THE CITY OF TIGARD
SHALL ASSIGN THE CITY OF TfGARD ZONING DISTRICT DESIGNATtON
WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING
DESIGNATION.
Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED
SEWERAGE (USA) LINES EXCEPT:
a. Where applications for annexation for those properties have been _
submitted to the City; or
b. Where a nonremonstrance agreement to annex those properties has
been signed and recorded with Washington County and submitted to
the City; or
c. Where the applicable state or county health agency has declared that
there is a potential or imminent health hazard.
NThe pertinent Tigard Community Development Code sections appear to be Chapters 18.136,
Annexations; and 18.138, Established/Developing Area Classification.
Chapter 18.136 contains approval standards for the City Council when reviewing a
proposed annexation prior to submission to the Boundary Commission. These standards are:
A. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient
capacity to provide service for the proposed annexation area; and
2. The applicable comprehensive plan policies and implementing ordinance
provision have been satisfied.
B. The plan designation and the zoning designation placed on ihe property shall
be the City's zoning district which most closely implements the City's or
County's comprehensive plan map designation.
C. The determination of whether the property is an established area or a
developing area will be based on the standards contained in Chapter 18.138.
Findings - Page 6
' ~ •
Exhibit A
Proposal No. 3924
Chapter 138 provides standards for classifying all lands annexed to the City as
either Established Area (unbuildable or essentially built-out) or Developing Area
(buildable). The code requires that one of these two designations be applied to all
land at the time of annexation.
The City Council conducted a public hearing on the annexation and approved the
annexation on June 9, 1998. >
9. There is an 8-inch City sewer located in SW Locust St. along the south edge of the
territory to be annexed.
The territory is within the Unified Sewerage Agency of Washington County as is the
City. The Unified Sewerage Agency has a standard agreement between the Agency
and the large cities within the Agency (Beaverton, Cornelius, Forest Grove,
Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to:
1> comply with the Agency's construction and maintenance standards for sanitary
and storm water sewer facilities, 2) follow and accomplish the Agency's work
program for storm and surface water, 3) obtain the Agency's consent before issuing
construction permits within wetlands, floodways and floodplains. The agreement
provides that the city owns and is responsible for sanitary sewer lines under 24
inches in diameter within the City limits and for storm water facilities within the
City limits as identified on a map (virtually all facilities). The Unified Sewerage
Agency is responsible for all industrial waste discharges, both in and out of cities.
The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas
outside the City within the City's Urban Planning Area (as identified in the City-
County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for
collecting sanitary and storm sewer connection fees. If the City imposes the same
connection fees and user charges as U.S.A., it simply passes these monies on to
U.S.A. to pay for the costs of treatment and transmission of the sewage or storm
water. The City may impose higher costs than U.S.A. charges and keep the
difference to offset City costs.
Monthly sanitary sewer user charges are $15.30 per month qIUS a consumption
charge of $1.386 per 100 cubic feet of water used by the customer. These City
charges are the same as those charged by U.S.A..
10. This property is already served water via an 8 inch Tualatin Valley Water District
line located in SW Locust Street.
The territory to be annexed to the City of Tigard lies within the Tualatin Valley
Water District, in the area of the District formerly in the Metzger Water District.
The City of Tigard and the Tualatin Valley Water District have an informal
Findings - Page 7
• !
Exhibit A
Proposal No. 3924
agreement that territory in this area (Metzger) will not be withdrawn from the
District upon annexation to the City until the Tigard Water Department is able to
extend service to the annexed sites.
The Tualatin Valley Water District serves primarily the northeastern portion of
Washington County, bounded generally by Portland on the East, Tigard and
Beaverton on the southeast and south, and Hillsboro to the West, and Skyline Drive
to the North. As a result of a merger in 1991 the District includes territory
previousty served by the Metzger Water District.
The Tualatin Valley Water District purchases water from the City of Portland on a
wholesale basis. The District owns 74.5 % of the Washington County Supply Line
(WCSL), or approximately 44.7 MGD of the 60 MGD available. Tualatin Valley has
29.4 MGD of capacity available, on standby, from the City of Portland's Arlington
and Burlingame standpipes. The share of this available to:the Metzger area is 7.4
MGD which would come from the Burlingame standpipe.
The Joint Water Commission (JWC) provides some additional potential capacity to
the Tualatin Valley Water District. The JWC is a partnership between Hillsboro,
Forest Grove and Beaverton that enables each city or district member to opt into
the water supply as needed. Treated water originating in the Tualatin River
headwaters, Scoggins Reservoir, and the Trask River Dam is sold by the
Commission to its members. The TVWD currently owns 6 MGD of capacity, and is
committed to participation in an improvement project (the expansion of the Barney
reservoir) which will provide an additional 12 MGD to the TVWD.
Tualatin Valley Water District's total water source amount is currently 50.7 MGD.
After the completion of the Barney reservoir, which supplies the JWC, that figure
will be 62.7 MGD.
The current water rates for the Tualatin Valley Water District are based on bi-
monthly charges. A residential 3/4" meter is charged a base charge of $9.75 plus
$1.19 per 100 cu. ft. (ccf) for the first 50 hundred cubic feet. Additional use is
charged 52.00/ccf. The system development charge for a standard 3/4 inch meter
is $2160 per equivalent residential unit (ERU).
11. Upon annexation to the City, the territory will be automatically withdrawn from the
Washington County Enhanced Sheriff's Patrol District and the District's $ .6372 per
thousand property tax will no longer be levied against the territory. The County
Service District provides a level of service of .51 officers per 1000 population
which in addition to the general County level of .43 officers per 1000 population
means that the current level is .94 officers per 1000 population.
Findings - Page 8
Exhibit A
Proposal No. 3924
Subsequent to annexation, the Tigard Police Department will provide police
protection to the territory. Tigard provides a service level of 1.4 officers per
thousand population. Emergency response in Tigard is under five minutes.
12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
13. The territory is within the boundary of the Washington County Urban Road
Maintenance District. Upon annexation the territory will be automatically
withdrawn from the District and the District's levy of $.2458 per $1000 assessed
value will no longer apply to the property.
14. The territory is within the boundary of the Washington County Vector Control
District. Tigard is not a part of the District. Upon annexation, the territory will be
autvmatically withdrawn from the unfunded Washington County Vector Control
District.
15. The territory is within the Washington County Service District #1 for street lights.
The District provides services to areas within its boundary which request street
lighting services. The District uses locai improvement districts to finance the
service. Upon annexation the territory wiil be automatically withdrawn from the
District.
The City provides street lighting service out of its Street tund which receives State
shared gasoline tax revenues as its primary revenue source.
16. Tigard operates a park system funded through its tax base which finances the
general fund. Tigard has 6 developed recreation park sites.
17. There are eleven public libraries in Washington County, nine of which are provided
by cities, including Tigard.
18. The Unified Sewerage Agency levies an annual assessment for storm drainage
services of $36 per dwelling unit of which $24 goes to the City.
Findings - Page 9
~ ~ .
Exhibit A
Proposal No. 3924
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 10
~ CI.ACKAMAS ~ •
MULTNOMAH
WASHINGTON
'1' ► 1 METROPOLITAN A' ► 1 A GOVERNMENT :1 1A' 1 1 -
800 N.E. OREGON STREET #16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: (503) 731 •4093 FAX: (503) 731 •8376 E-MAIL:pmalgbc@orednet.org
July 27, 1998
City of Tigard
Julie Hajduk
13125 SW Hall Blvd
Tigard OR 97223
Ref.• 3924
Dear Sir/Madam:
The Boundary Commission Statute, ORS 199.410 to 199.534 authorizes posting of ,
Public Hearing Notices within the area(s) to be annexed .
In order to meet the requirements of ORS 199.463, they need to be posted by
August 6. 1998.
Therefore, we would appreciate your cooperation in posting 3 copies of the enclosed
NOTICE OF HEARING and map. They should be placed in a manner reasonably
calculated to be observed by the public.
Also would you please send us an "AFFIDAVIT OF POSTING."
Thank you.
Kenneth S. Martin
Executive Officer •
KSM/Ihp
Enclosures
STAFF COMMISIONERS
KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair ROBERT ENNINGA
DENIECE WON, Executive Assistant TOM WHITfAKER, Vice-Chair MARILYNN HELZERMAN
ALISA BRODHAY, Planner BOB BOUNEFF SY KORNBRODT
LANA RULIEN, Administrative Assistant NATHALIE DARCY
1
AFFIDAVIT OF POSTING
In the Matter of the Proposed .
STATE OF OREGON ) County of Washington ) ss.
City of Tigard )
. °
being f irst
duly sworn, cn oath depose and say:
~
That I-posted in the following public and conspicu us
places, a copy of Notice of Public Hearing of the
.„6.a!A1 3oaS -&s 3aau , a colly of said
notice be~'}ng hereto a ttached and by reference made a part he eof:
on the l0 day of 1WVMlS.)~_~ 19
N e of Person Who Perf ormed Posti.ng
. S scribed and swarn to before me this _1L day of
19_y
OFFICIAL SEAL Notary lic for O gon
M JO ANN HAYES q
NOTAAY PUBUC•OfiEGON M11 COIIllIIlS510I1 EXP1reS' YY1Qai Si t q q/
COMMISSION N0.042148
MIS510N EXPIRES AMY 05, 1999
effpost
CITY OF TIGARD
OREGON
June 25, 1998
TO: Metro Area Boundary Commission
FROM: Julia Hajduk, Associate Planner
RE: Annexation application
, We are submitting the enclosed forms and a checks for a city-initiated, double majority
annexations. The files are: Tigard ZCA 98-0005 (6.38 acres), ZCA 98-0006 (1.63
acres) and ZCA 98-0007 (.11 acres). Please place this proposal on your next available
agenda. If you have any questions or need additional information, please don't hesitate
to contact me at 639-4171 x 407. Thank you in advance for your attention.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ •
PMAL GBC FORM #6
BOUNDARY CHANGE DATA SHEET
1. EXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN
A. Land Area: Acres or Square Miles
B. General description of territory. (Include topographic features such as slopes,
vegetarion, drainage basins, floodplain areas, which are pertinent to this proposal).
-~~L~7 ~'✓~%~L ~c~1~c~.vr~.~2
C. Describe land uses on sunounding parcels. Use tax lots as reference points.
North: 7/171 ~ , /PF
a6~701 1~65~X(42' e=*
East: 7)4
451VI&I'L ~~~'f~ Slfz~ ~✓G( lLp/.~ ~ c~/~S A914
south:
West: -Z?~Y 7~°'~"3,
(L9~/ t 1~0lN'~ _ -
D. Existing Land Use:
Number of single-family units Number of multi-family units
Number commercial structures Numbei industrial structures
Pubiic faciIities or other uses
What is the current use the land proposed to be an nexed:
E. Total cunent year Assessed Valuation $
F. Total existing popularion ~
11
Revised 11/93
. 0 •
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 proposal, past and prospective
physical developments of land that would directly or indirectly be affected by the
proposed boundary change..." Considering these points, please provide the reasons the
proposed boundary change should be made. Please be very specific. Use additional
pages if necessary. (This information is often quoted in the Staff Report, so be
thorough and comptete.)
AW611-iy cA-"
o Lwmo)~rv u"6<
5; r+lcz- 4war-f d4~ kc~r 666A.) u.&t-p ~
,
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B. If the property to be served is enrirely or substantially undeveloped, what are the plans
for future development? Be specific. Describe type (residential, industrial, commercial,
etc.), density, etc.
ho0i-, 15 q
X. LAND USE AND PLANNING
A. Is the subject territory to be developed at this time?
B. Generally describe the anticipated development (building types, faciliries, number of
units). .
&I'Vi A -rYK- B M- &MAW,144CP 6C
~ LN cV- ce~ si Dr nG)
C. Is the subject territory inside or outside of the Metro Regional Urban Growth
Boundary? l IY=
12
Revised 11/93
• ~ .c
D. What is the applicable County PI ning signation? W614 H~i~M%~'1U1~
.
or City Planning Designation
Does the proposed development comply with applicable regional, county or city
comprehensive plans? Please describe.
16S, AN06^011M 'D:*S MT c~~LA-r-. ~ ~Wl5cw►
omb6L -tvtv~' -tttO56 2u.Lrs --IH*
t'
&X*V+r n1-e :2r,~ -tlD T L-jAV2JD N'C -&VV6- ~ ~WW"-r- Zvm
ws6 ►s ,~~~r►~ ~ ~ s tle
E. Wha~t is the zoning on the territory to e served?
F. Can the proposed development be accomplished under current county zoning?
~ Yes v No
If No,---has a zone change been sought from the county either formally or informally.
❑ Yes o No
Please describe outcome of zone change request if answer to previous questions was
Yes.
04
G. Is the proposed development compatible with the city's comprehensive land use plan for _
the area?
X Yes ❑ No ❑ City has no Plan for the area.
Has the proposed development been discussed either formally or informally with any of
the following? (Please indicate)
❑ City Planning Commission ~ City Planning Staff
o City Council ❑ Ciry Manager
Please describe the reacrion to the proposed development from the persons or agencies
above.
indicatulnf
v
vr~
m .S ~ Taita. .
- - 13 - -
Revised 11/93
• •
H. Please indicate all permits and/or approvals from a City, County, or Regional
Government which will be needed for the proposed development. If already granted,
please indicate date of approval and identifying number:
APPROVAL PROTECT DATE OF FUTURE
FII.E # APPROVAL REQUIREMENT
Metro UGB Amendment
City or County Plan Amendment
Pre-Application Hearing (City or County)
Preliminary Subdivision Approval
Final Plat Approval
Land Parrition
Conditional Use
Variance
Sub-Surface Sewage Disposal
Building Pecmit
Please submit copies of proceedings relating to any of the above permits or approvals
which are pertinent to the annexation.
I. If a city and/or county-sanctioned cirizens' group exists in the area of the annexation,
please list its name and address of a contact person.
IV. SERIfICES AND UTILITIES
A. Please indicate the following:
1. Location and size of nearest water line which can serve the subject area.
~j~~ Lp IA~Mt1L i'►'tA-l N 1~~-T~D ~ N 5, W./ OG(.~Sl- Sk.
14
Revised 11/93
• •
2. Location and size of nearest sewer line which can serve the sub*ect area.
S6~ I,6 s. wI.-ou.c,sT~
3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can
serve the subject area
~s~wt ~~I ~ Vnl, C~Jx-n~ r;~ ~~~~°~1•
4. The rime at which services can be reasonably provided by the city or district.
fW~tL~ . niwJ
~
5. The esrimated cost of extending such facilities and/or services and what is to be
the method of financing. (Attach any supporting documents.)
v
6. Availability of the desired service from any other unit of lo.cal government.
(Please indicate the government.)
N~,4
15
' Revised 11/93
. • .
B. If the territory described in the proposal is presently included within the boundaries of
any of the following types of governmental units, please so indicate by stating the name
or names of the governmental units involved. .
City Rural Fire Dist
County Service Dist. Sanitary District
Hwy. Lighring Dist. Water District
Grade School Dist. Drainage District
High School Dist. Diking District
Library Dist. Park & Rec. Dist.
Special Road Dist. Other Dist. Supplying Water Service
C. If any of the above units are presently servicing the territory (for instance, are residents
in the territory hooked up to a public sewer or water system), please so describe.
APPLICANT'S NAME
MAILING ADDRESS WAj a'j 5. '
TELEPHONE NUMBER (Work)
- G 77".' q 62 c7 (Res.)
REPRESENTING
DATE:
16
Revised 11/93
, , • • .
PMALGBC FORM #I S
, OREGON
PETITIDN FOR ANNEXATION TO THE CITY OF
Oregon
TO: The Council of the City of
We, the undersigned property owners of and/or registered voters in the area described below,
hereby petition far, and give our consent to, annexarion of the area to the City of
. If approved by the city, we further request that this peririon be
forwarded to the Portland Metropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
The proQerty to be annexed is described as follows:
A tract of land situated in the NE'/. of the NE'/. of Section 35, Township 1South, Range
1 West, of the Willamette Meridian, in the County of Washington and State of Oregon,
more particularly described as follows:
Beginning at a point S89°30'W 60 ft from the Initial point of the TOWN OF METZGER
as recorded in the records of Washington County; thence South $2.25 feet to the North
right of way line of SW Locust Street; thence S$9 °30'W 31.10 ft; thence N0021'W _
10.00 ft; thence S89 °36' W 47.59 ft; thence along a 1885.1 ft radius, non-tangent curve to
the left (chord bears N24° 55'54" E, 79.77 ft) a distance of 79.78 ft; thence N89°30'E
48.36 ft to the point of beginning.
17
Revised 11i93
PETITION SIGNERS NOTE: This petition may be signed by qualified persons aven though they may not know their property description or precinct number.
SIGNATURE PRINTED NAME 1 AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT # DATE
PO RV OV LOT # 1/4 SEC. T R
- ~ ~ st,. 35
' PO = Property Owner
RV = Registered Voter
OV = Owner Voter
i •
PMALGBC FORM #16
CERTIFICATION OF PROPERTY OWNERSHIP
(Double Majority Method)
I hereby certify that the attached petition for annexation of the territory described therein to the City
of vG70-01,-) contains the names of the owners* of a majority of the land azea of the
territory to be annexed, as shown on the last available complete assessment roll.
NAME
=E Administrative Specialist
DEPARTMENT Assessment & Taxation, Cartoqraphy
COUNTY OF Washington
DATE 13 April 1998
* "Owner" means the owner of the title to real property or the contract purchaser of real
property.
PMALGBC FORM #17
' CERTIFICATION OF REGISTERED VOTERS -
I hereby certify that the attached petition for annexarion of territory described herein to the City of
77L7lhe,/7 contains the names of at least a majority of the
electors registered in the territory to be annexed.
~~o C/~, NAME ~ h Y62~~
TITLE p e-fi"vl 9-&r'
DEPARTMENT ~ f ~ C C
COUNTY OF- ~J
DATE
18
Revised 11/93
• •
PMAL GB C FORM #4
CERTIFICATION OF LEGAL DESCRIPTION AND MAP
I hereby certify that the descriprion of the property included within the attached petition (located on
Assessor's Map ~ 6-L :,XEAA TL #O0400 og() Z'7b `7W )
has been checked by me and it is a true and exact descriprion of the property under consideration,
and the description corresponds to the attached map indicating the property under consideration.
NAME
TITLE Administrative Specialist
DEPARTMENT Assessment & Taxation, Cartoqraphy
COUNTY OF washington '
DATE 13 April 1998
19
Revised 11/93
~ •
PMALGBC FORM #19
(This form is NOT the petition)
ALL OWNERS OF PROPERTY AND/OR REGISTERED VOTERS INCLUDED IN BOUNDARY
CHANGE PROPOSAL AREA
(To be completed IF the proposal contains 10 or fewer land owners/registered voters.
Please indicate the name and address of all owners/voters regardless of whether they
signed an annexarion petition or not.) This is for norification purposes.
NAME OF OWNERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
(1) .-)kve vrl7v- 2ats sc~1 A'q/70~ "edG2 97z.01 /s/ 3S41 47T
(2)
(3)
(4)
(5)
(6)
(7)
20
Revised 11/93
~ •
PMALGBC FORM #19 (continued)
(This form _is NOT the petition) _
ALL OWNERS OF PROPERTY AND/OR REGISTERED VOTERS INCL UDED IN BO UNDARY
CHANGE PROPOSAL AREA
(To be completed IF the proposal contains 10 or fewer land owners/registered voters. Please
indicate the name and address of all owners/voters regardless of whether they signed an
annexation perition or not.) This is for notification purposes.
NAME OF OWNERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
(g)
(9)
(10)
21
Revised 11/93
. , ~
PMALGBC FORM #20
DO UBLE MAJORITY WORK SHEET
Please list all properrieslregistered voters included in the proposal. (Tf needed, use separate sheet for
additional listings).
PROPERTIES
Property Assessed Signed Petition
Designation Name of Owner Acres Value Yes No
(Tax Lot #s)
/s/ 3 sqR ~yo S~evc T r~- a ola r/
TOTALS 000
j
22
Revised 11193
,V s •
PMALGBC FORM #20 (continued)
REGISTERED VOTERS
ADDRESS OF REGISTERED NAME OF REGISTERED SIGNED PETITION
Voter Voter Yes No
o Te d M r n
TOTALS
SUMMARY
TOTAL NUMBER REGISTERED VOTERS IN TBIE PROPOSAL ~
NUMBER OF REGISTERED VOTERS WHO SIGNED O
PERCENTAGE OF REGISTERED VOTERS WHO SIGNED C)
TOTAL ACREAGE IN PROPOSAL
ACREAGE SIGNED FOR a I ~
PERCENTAGE OF ACREAGE SIGNED FOR ~/"00%
23
Revised 11/93
zc4 71- o0r)7
, • • Agenda Item No.
Meeting of
TIGARD CITY COUNCIL
MEETING MINUTES - JLJNE 9, 1998
• STUDY SESSION
> Meeting was calied to order at 6:30 p.m, by Mayor Jim Nicoli
> Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken
Scheckla.
> Staff Present: City Manager Bill Monahan; Legal Counsel Tim Ramis; City Recorder
Catherine Wheatley; Asst. to the City Manager Liz Newton; and Community
Development Director Jim Hendryx.
> EXECUTIVE SESSION
The Tigard City Council went into Executive Session at 6:30 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 to Study Session at 7:22 p.m.
> FACILITIES PLANNING DISCUSSION
> DOWNTOWN EFFORT UPDATE
Bill Monahan, City Manager, reported that 19 people attended the last downtown meeting.
Jim Hendryx, Community Development Director, said that the group intended to invite
Livable Oregon to make a presentation to them in June/July, once they found meeting space. He
explained that a new sub-branch of Livable Oregon, The Downtown Development Association,
concentrated on rehab and revitalization of downtowns in. Oregon. He mentioned attending an
• excellent conference on downtown revitalization last week. He stated that it was a privately
funded organization
Mr. Monahan noted that the Downtown Development Association would not get involved with a
downtown unless there was a financial commitment from both the City and the downtown
merchants. He commented that the downtown merchants at the meeting last week did not seem
willing to invest financially yet. He mentioned concerns of several property owners regarding
what would happen to their properties. He listed several merchants in attendance who would
likely work throughout the process.
Councilor Hunt asked if there had been concern regarding an Economic Investment District
(EID). Mr. Monahan said that they informed the group that the City was not forming an EID.
He explained that an EID was similar to an LID in reinvesting the tax revenues from the district
back into the district.
> CYBERCAFE UPDATE
Mr. Monahan said that Chief Ron Goodpaster had written a letter regarding the Cybercafe
application last September in which he said he saw no problem with it, based on the information
CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 1
•
he had at the time. He pointed out the confusion between the language in the application and 'the
drawing on the map on exactly where the liquor would be served: the cafe and/or the antique
shop. He reported that Community Development wrote a letter stating that any change in land
use might require permits.
Mr. Monahan said that Chief Goodpaster intended to modify the liquor license application
process to include a Planning review. He pointed out that the Council changed the liquor license
application process in 1987 to delegate it to the Police Chief, instead of reviewing the
applications themselves. He commented that it did not matter who did the local review because
the decision rested with the OLCC who usua(ly granted applications unless the operator had a
bad record, the site was located in an area already overloaded with liquor establishments, or the
local citizens protested.
> Mayor Nicoli recessed the study sessio» at 7:30 p.m.
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board ,
Mayor Nicoli called the business meeting to order at 7:36 p.m.
1.3 Council Communications/Liaison Reports
> Councilor Scheckla reported on meetings of the Metropolitan Area Communications
Commission, Community Development Block Grant Committee, and the Housing Task Force.
> Mayor Nicoli reported an opportunity for local jurisdictions to request that projects of concern to
them in the MSTIP 3 be moved forward. He said that the main project of concern to Tigard was
already moving forward, (the SW 1215' and Walnut intersection scheduled for completion by
2001). He said that he did not think that the Council wanted to request to move any projects
forward but he wanted their input on the matter. He mentioned that they would have the same
opportunity next year.
Councilor Scheckla asked how many projects were left in Tigard. Mayor Nicoli said that Walnut
Street was broken up into three segments with the intersection going first. Elsner Road, of
interest to King City, Sherwood, Tigard and Beaverton, was already underway. Mr. Monahan
confirmed that the small project at the intersection of Hall and Pacific was yet to come. He
recommended asking the City Engineer to present an update on the MSTIP 3 projects on June 23
when he presented the CIP update.
> Mr. Monahan noted the new agenda item, Council Liaison Reports, added at Council's request
for the longer commission or liaison reports.
1.4 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA ,
3. CONSENT AGENDA
Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent
Agenda.
CITY COLTNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 2
• • •
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.
3.1 Approve Council Meeting Minutes: April 21, 1998
3.2 Receive and File:
a. Tentative Agenda
b. Council Calendar
3.3 Approve Resolution Appointing David Chapman to the Library Board and Lisa
Incalcaterra to the Planning Commission- Resolution No. 98-
3.4 Local Contract Review Board
a. Approve Contract for the Construction of SW 110`h and Park Street Storm
Drainage Improvements to Wystan Brown Excavation
b. Approve Contract for the Raw Water Monitoring Study to Montgomery Watson
c. Approve Contract for Public Information Campaign on Long-Range Water
Needs to Rockey Bowler
4. CONSIDER ORDINANCE AMENDiNG RECORDS RETENTION SCHEDULE
Nadine Robinson, Administrative Service Manager, and Records Manager, presented the
staff report on the staff request for adoption of OAR 166.200, the general reference retention
schedule for cities in Oregon. She said that this would replace Tigard's special retention
schedule, last approved in 1989. She reviewed the process used by the State Archive staff to
develop the schedule, including the participation of Tigard staff member Dee Wise, Senior
Records Information Specialist.
Ms. Robinson stated that while the retention periods assigned were the minimum lengths
necessary, the City could extend those for historical, legal, administrative, or financial reasons.
She said that the benefit to the City was a reduction in the volume of records retained and
clarification of retention periods for unscheduled series. She recommended adoption of the
ordinance.
Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance 98-13.
The City Recorder read the number and title of the ordinance. .
ORDINANCE 98-13, AN ORDINANCE AMENDING CHAPTER 248.030 OF THE TIGARD
MUNICIPAL CODE PERTAINING TO THE CLASSIFICATION AND RETENTION OF
CITY RECORDS ADOPTING ADMINISTRATIVE RULES ANI} FIXING AN EFFECTIVE
DATE.
Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
5. PUBLIC HEARING (QUASI-JUDICIAL) - JOHNSON STREET/106TH DRIVE
ANNEXATION - ZCA 98-0005 (FLATTERS) .
A request to annex 3.15 acres into the City of Tigard and change the zoning from
Washington County R-5 to City of Tigard R-4.5. Locations: 10585 SW Walnut; 12385,
12355, 12325, 12330 and 12440 SW 106"' Drive and 10530, 10490 and 10514 SW Johnson
Drive. (WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915 01914, and 01917).
a. Mayor Nicoli read the hearing title and opened the public hearing.
CITY COLJNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 3
• • •
b. Declarations or Challenges
Councilor Scheckla declared a site visit.
c. Staff Report
Mr. Hendryx introduced Julia Hujdak, Associate Planner, who handled these annexation
requests. He mentioned that this issue came to Council six months ago with the sewer concerns
on Johnson Street. He reported that during the standard staff process, seven property owners
elected to join with the initial request to annex to receive sewer services, increasing the request
to 3.15 acres. He noted the inclusion of the City-owned property purchased for the Walnut
Street realignment, and some additional right-of-way.
Mr. Hendryx said that all 17 parcels of land were developed with single family homes at County
R-5 zoning (which would revert to City R-4.5 upon annexation). He noted the availability of
sewer and water in the area and the lack of opposition from any applicable agency. He
distributed the new ordinance that included the properties not listed in the original notice.
Councilor Scheckla asked why the City did not annex these properties at the same time as
another property in the area was annexed two years ago. Mr. Hendryx said that there was not
interest in annexation at that time.
d. Public Testimony
Mayor Nicoli reviewed the hearing procedures and criteria. No one testified.
e. Council Questions: None
f. Mayor Nicoli closed the public hearing.
g. Staff Recommendation
Mr. Hendryx recommended approval of the annexation with the additional lots as specified on
the revised ordinance and resolution.
Councilor Scheckla asked if the Boundary Commission fee would be higher with the additional
lots. Ms. Hujdak said that the Boundary Commission fee of $605 was the same for 2 to 10 acres.
h. Council Deliberation
Motion by Councilor Hiuit, seconded by Councilor Rohlf, to adopt Ordinance 98-14
The City Recorder read the number and title of the ordinance.
ORDINANCE 98-14, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO
APPROVE A ZONE CHANGE, ZONE CHANGE ANNEXATION ZCA 98-0005-JOHNSON
STREET/106"HDRIVE 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.")
CITY COLJNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 4
• • •
Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 98-28.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-28, A RESOLUTION 1NITIATING ANNEXATION OF TERRITORY
REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0005-JOHNSON
STREET/106"H DRIVE ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN
THE ATTACHED EXHIBIT A, AND FURTHER ILLUSTRATED 1N EXHIBIT B.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.")
6. PUBLIC HEARING (QUASI-JUDICIAL) - LEHMAN/92ND/CORAL STREET
ANNEXATION - ZCA 98-006 (PERRY)
A request to annex five tax lots totaling 1.63 acres into the City of Tigard and change the
zoning from Washington County R-5 to City of Tigard R-4.5. Locations: 9225 and 9255
SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92"d Avenue. (WCTM
1S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800).
a. Mayor Nicoli read the hearing title and opened the public hearing.
b. Declarations or Challenges Councilor Scheckla declared a site visit.
c. Staff Report
Mr. Hendryx presented the annexation request for 1.63 acres in the Metzger area (five parcels) in
order to get city services. He said that ail lots were developed with single family homes with
County R-5 zoning which would change to City R-4.5 zoning. He said that the properties had
adequate access to facilities and services and no agencies made any objections. d. Public Testimony
Mayor Nicoli read the hearing procedures and criteria.
> Deanna Johnson, 9314 SW Lehman Street, asked if the property owners had to pay any fees.
Ms. Hujdak said that the City has agreed to waive the City annexation fee because this area was
not an active planning area; and the Boundary Commission fee has already been paid.
At Councilor Scheckla's request, Ms. Hujdak read the property owners' names.
e. Council Questions: None
f. Mayor Nicoli closed the public hearing.
g. Staff Recommendation
Mr. Hendryx recommended approval of the annexation and subsequent rezone.
CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 5
• • •
h. Council Deliberation
Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Ordinance 98-15.
The City Recorder read the number and title of the ordinance.
ORDINANCE 98-15, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO
APPROVE A ZONE CHANGE, ZONE CHANGE ANNEXATION ZCA 98-0006-
LEHMAN/92ND/CORAL 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.
Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution 98-29.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-29, A RESOLUTION INITIATING ANNEXATION OF TERRITORY
REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0006,
LEHMAN/921''D/CORAL STREET ANNEXATION 1NT0 THE CITY OF TIGARD AS
DESCRIBED IN THE ATTACHED "EXHIBIT A", AND FURTHER ILLUSTRATED IN
"EXHIBIT B."
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.
7. PUBLIC HEARING (QUASI-JUDICIAL) - SITE NORTH OF SW LOCUST STREET
AND WEST OF SW 87 H AVENUE ANNEXATION - ZCA 98-0007 (TURNER)
A request to annex one tax lot totaling .11 acres into the City of Tigard and change the
zoning from Washington County Neigliborhood Commerciai to City of Tigard
Neighborhood Commercial. Location: north of SW Locust Street and west of SW 87`n
Avenue.* (WCTM 1S135AA26DC, Tax Lot 00400)
a. Mayor Nicoli read the hearing title and opened the pubiic hearing.
b. Declarations or Challenges
Councilor Scheckla declared a site visit.
c. Staff Report: Community Development Department
Mr. Hendryx said that the applicant wished to annex this .11 acres o land into the city in order to
get city services. He mentioned that the applicant did have some preliminary plans to develop the
property but has not begun the City process. He noted the Neighborhood Commercial zoning.
He said that no applicable agency had any comments.
d. Public Testimony
Mayor Nicoli read the hearing procedures and criteria. No one testified.
CITY COLJNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 6
• • •
e. Council Questions
Councilor Rohlf asked why this property had Washington County Neighborhood Commercial
zoning on it.
Steve Turner, 2015 SW Canaan, Portland, explained that this site, underutilized for years and
part of the original railroad right-of-way, was adjacent to commercial uses, including a grocery
store and a small cabinet shop, and to a multi-family use. He said that it has been used as a
gravel parking lot.
f. Mayor Nicoli closed the public hearing.
g. Staff Recommendation
Mr. Hendryx recommended approval of the annexation and subsequent rezone.
h. Council Deliberation: Ordinance No. 98-17
Motion by Councilor Moore, seconded by Councilor Scheckia, to adopt Ordinance 98-17.
The City Recorder read the number and title of the ordinance.
ORDINANCE 98-17, AN ORDINANCE ADOPTiNG FINDINGS AND CONCLUSIONS TO
APPROVE A ZONE CHANGE, ZONE CHANGE ANNEXATION ZCA 98-0007- TURNER
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.")
Motion by Councilor Moore, seconded by Councilor Rohlf, to adopt Resolution 98-30.
The City Recorder read the number and title of the resolution.
RESOLUTION NO. 98-30, A RESOLUTION INITIATING ANNEXATION OF TERRITORY
REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0007, TURNER STREET
ANNEXATION 1NT0 THE CITY OF TIGARD AS DESCRIBED 1N THE ATTACHED
"EXHIBIT A", AND FURTHER ILLUSTRATED IN "EXHIBIT B."
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Rohlf and Scheckla voted "yes.
8. CONTINUATION OF DISCUSSION: CHAMBER OF COMMERCE PARKING
REQUIREMENTS
Mr. Monahan mentioned the May 19 Council meeting discussion on the Chamber's proposal to
use the City parking lot to meet their parking requirements. He said that the Council had
indicated its willingness to discuss lease arrangements and asked the Chamber to submit the first
draft of a(ease agreement. He reported that he and John Cook met last Thursday (staff received
the draft agreement on Wednesday) to discuss Mr. Monahan's concerns. He noted his memo
that raised questions regarding the agreement.
CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 7
• •
Mr. Monahan said that, based on the May 19 meeting minutes, he found that the Council had
indicated an interest in entering into a short=term lease that would allow the Chamber to proceed
with its plan while the City reviewed the possibility of changing the parking regulations in the
downtown. He mentioned that his primary question in his memo was whether or not the
compensation proposed by the Chamber was in keeping with the Council's expectations. He
noted that Mr. Cook had indicated the Chamber's willingness to talk about taking on some of the
responsibilities for the parking lot but since Mr. Cook did not include that in the first draft, he felt
uncomfortable confirming the draft and amendments as the final agreement form.
Councilor Scheckla asked if the City Attorney had looked at this. Mr. Monahan said that he
talked with an attorney in the City Attorney's office but did not ask him to review it because
there were enough unanswered questions to warrant Council discussion of the matter.
John Cook, Chamber of Commerce, said that he considered 99% of the points that he and Mr.
Monahan hammered out during their meeting to be final. He spoke to Council discussing the
"big picture" items and leaving the minor language changes to staff. Mr. Monahan said that Mr.
Cook agreed to the suggested language he had proposed.
Mr. Cook said that the major thing that Mr. Monahan had been concerned about was the request
for reciprocal parking. He noted that staff found that reciprocal parking would not work in this
situation. He suggested that in the Chamber's request, they simply substitute a$1 lease
agreement for the reciprocal parking agreement. He said that the Chamber was still doing this
for the good of the community and the downtown. .
Councilor Nloore commented that this seemed a matter of rewriting the lease agreement per Mr.
Monahan's and Mr. Cook's discussions, submitting it to the City Attorney's office for review,
and returning with the final product to Council.
Councilor Hunt expressed concern that requiring only a short-term lease for one-year would
create problems if the Council decided not to change the parking ordinance: the Chamber would
have a permit but not enough parking spaces to meet the Code. Mr. Monahan noted the question
of whether or not the Council wanted to include a mechanism in the agreement to increase the
lease rate beyond the one-year time period, should the parking ordinance not change.
Councilor Hunt said that he opposed leasing the property to the Chamber because he saw it as
giving the Chamber $100,000 at a time when the Council was trying to raise money for its own
space expansion needs. He stated that he favored changing the parking ordinance so the
Chamber could legally build on their site or selling the property to the Chamber. He held that the
business people in the Chamber should have planned for adequate parking and not counted on
the City parking spaces. He reiterated that he did not oppose selling the property but pointed out
that the City could not guarantee that the Chamber would be the purchaser.
Councilor Hunt said that (although he still opposed it) if they were going to do a lease, they
should make it for a longer term and cancelable if the City changed the ordinance. He contended
that the City would not force the Chamber out of its building when a one year lease term expired
and the parking ordinance did not change. He said that at the end of a one year lease term, there
were not any options.
Councilor Scheckla commented that the City purchased this lot for parking for the downtown in
general, not one property in particular. He expressed his concern that giving the property to the
CITY COUNCIL MEETING MINUTES - NNE 9, 1998 - PAGE 8
• ~ •
Chamber made it difficult to offer free parking in the downtown. Mr. Monahan concurred that
the City had discussed using the property as a free parking lot when it was purchased. He noted
that several merchants had suggested leasing the spaces in order to recoup costs but the City
never committed to that suggestion. He mentioned that in April he heard the Council interest for
the property as short-term free parking.
Councilor Scheckla objected to the clause allowing an automatic renewal of the lease every two
years, which would roll over to a new owner. He said that he could not support the agreement
as written. Mr. Cook said that he and Mr. Monahan agreed that if the Chamber sold the building,
the lease ended automatically. Mr. Monahan mentioned that the issue he had raised regarding the
term length was a broader ability for the City to terminate the agreement than merely by sale of
the building or default. He said that there remained•a lot of work to be done on the agreement.
Councilor Scheckla expressed his concern about the Chamber charging for parking. Mr. Cook
said that the agreement stated that the rent charged by the Chamber would go to the City. He
reiterated that the Chamber wanted to have public parking. He said that they would not put up
10 "Chamber parking only" signs.
Bob Olsen, Chamber Board member, pointed out that those involved in this project did not
see it as narrowly focused on business interests but rather broadly intended for the community
benefit.
Counci(or Hunt spoke to including the whole parking lot in the deal, rather than splitting off 5
parking spaces to the City and 10 to the Chamber. Mr. Monahan agreed that there would be
efficiency of maintenance in that arrangement. He reiterated the need for discussion on whether
or not the Chamber wanted to offer to do maintenance and upkeep of the lot or landscaping.
Councilor Hunt said that if the City leased this to the Chamber, the Chamber should be required
to maintain it.
Councilor Moore suggested that the Chamber compensate the City for the use of the lot by
paying for construction and future maintenance costs or the City could simply lease the land to
the Chamber and the Chamber build the parking lot. Mr. Cook said that the Chamber would
maintain the lot. He concurred with Councilor Scheckla that everyone should be allowed to use
the lot.
Councilor Moore spoke to the lease amount issue. He said that if the Chamber was going to use
the property, then there should be more than a token rent. He asked what "maintaining" the lot
mean. Councilor Scheckla and Mayor Nicoli indicated that the money was not an issue to them.
Councilor Rohlf commented that he saw this lease agreement as buying the City time to settle the
issue of the downtown parking code while allowing the Chamber to proceed with their project.
He suggested revisiting the whole issue at the end of the one year lease agreement.
Mr. Monahan commented that placing the property under the control and maintenance of the
Chamber would help with the land use application in which the City had to find that the Chamber
had sufficient parking spaces.
Councilor Hunt reiterated his prior request for a longer term lease with a cancellation option. He
expressed his concern that a short term lease would put the Council and the Chamber in a bad
spot if a Council did not want to extend the lease. Mayor Nicoli said that he did not care what
the lease term length was but he did want to direct staffto proceed with the process.
CITY COLJNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 9
' • •
Councilor Scheckla asked what the Chamber's timeline was for their project. Mr. Cook
explained that this delay in the permitting process has set them behind by two months from the
original start construction date of September 1. He mentioned that several committees working
on the project would have to be restarted once they got around this obstacle. He noted that the
Chamber had been trying for volunteer labor which was why they had thought to build from
September to February. He said that they would still try to begin this September 1 but they
might have to postpone it to next September.
Councilor Scheckla asked if the Chamber's portion of the property could be used for temporary
parking until they began construction. Mr. Monahan said that the City intended to build the
City's parking lot this summer. He pointed out that because of the joint access, people would
have to go through the City property to get to the Chamber property.
Councilor Scheckla asked if the City's project could be delayed to coincide with the Chamber's
project. Mr. Monahan said that staff had wanted to start as soon as possible in order to reduce
the cost of the fencing. Councilors Hunt and Moore supported doing the project now.
Mayor Nicoli concurred with Councilor Hunt that they should go for a lease term for longer than
one year. He mentioned that with the downtown effort was getting offto a.slower start than
hoped, and if the Chamber postponed its building until next year, then it would be better timing
for the Council to revisit this issue in two years.
Councilor Rohlf expressed concern over giving the Chamber a multiple year lease. He noted the
energy currently generating in the downtown through the Dolan building and the Chamber
project, energy that he felt could be capitalized on to build momentum to further the Council's
vision for the downtown. He spoke to the City doing what it could to facilitate the Chamber's
process. Mayor Nicoli agreed.
Councilor Scheckla reiterated his question about using the Chamber land for parking. Mr.
Hendryx said that according to the Code, a parking lot had to be paved. He said that people
informally parking on the Chamber land was a Code enforcement issue that was pursued by the
City on a complaint only basis.
Councilor Hunt asked for an update on the status of the parking standards discussion. Mr.
Hendryx reported that he forwarded a memo to the Chamber asking for discussion of parking
standards revision by the downtown group but it did not come up at the last meeting. He would
put it back on the agenda.
Mr. Cook pointed out that if the Council agreed in theory with the agreement as hammered out
by he and Mr. Monahan, then the Chamber could move forward with its pre-application
conference and get its committees up and running.
Mayor Nicoli summarized the Council direction as approval of the lease agreement with a two-
year term with the understanding that the City would move forward with revising the downtown
parking standards and the Chamber would maintain the entire parking lot and finalize the
agreement for staff and City Attorney review.
Mr. Monahan reviewed additional items as a two-year rollover at the end of the lease term,
termination of the lease if the Code changed, renegotiation of the lease terms if the Code did not
change, incorporation of his suggestions to which the Chamber has agreed, and incorporation of
CITY COIJNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 10
• • ~ '
the City Attorney's suggestions to protect the City and clean up the language.
Mr. Monahan asked the Council if they would approve an agreement with those terms on June
23. Mayor Nicoli and Councilor Moore said that they would. Councilor Scheckla reiterated his
~ concern that the agreement not automatically renew every two years. Mr. Monahan said that
they could language to draft a one shot lease with re-evaluation at the end of the term.
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS: None
11. EXECUTIVE SESSION
The Tigard City Council went into Executive Session at 8:50 p.m. under the provisions of ORS
192.660 (1) (d), (3), &(h) to discuss labor relations, real property transactions, current and
pending litigation issues.
> Mayor Nicoli reconvened the study session at 9:25 p.m. •
Balloon Festival
Councilor Moore reported that Bruce Ellis has indicated that he might retire as the Event
Chairperson of the Balloon Festival. The Council discussed the matter. The Council agreed that
the Mayor and a Council member would visit with Mr. Ellis concerning his future plans, once this
year's event was over.
City Facilities Planning ,
The Council briefly discussed the next step in the process and the size and scope of the measure
that would be presented to the voters. The Council agreed by consensus to revise next week's
agenda.
12. ADJOURNMENT: 9:40 p.m.
,
Att Catherine Wheatley, City Recorder
ayor, Citf of Tiga
Date: I ~
CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 11
• AGENDA AM ~
~ FOR AGENDA OF: June 9,1998 - 7:30 PM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE_ Zone Change Annexation (ZCA) 98-0007 - Turner Annexation
PREPARED BY: Julia Powell Ha'duk DEPT HEAD OK D
~ 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 consisting of .11 acres located north of SW Locust
Street and west of SW 87th 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 City of Tigard Comprehensive Plan.
INFORMATION SUMMARY
The proposed annexation consists of tenitory comprised of one (1) tax lot of .11 acres which is contiguous to the
City of Tigard. The property is currently vacant. The owner wishes to annex in order to develop the property and
receive city services. Attached is a Resolution initiating annexation and an Ordinance to change the
Comprehensive Plan and Zonin- Designation from Washington County Neighborhood Commercial to the City of
Tigard Neighborhood Commercial; C-N.
OTHER ALTERNATIVES CONSIDERED
1. Deny the request.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This request is consistent with Growth & Management "Goal 2."
FISCAL NOTES
Since the subject territory is not within the City of Tigard's Active Planning Area, the City is not responsible for
paying the Boundary Commission application fee, therefore, there is no fiscal impact.
COUNCIL AGENDA ITEM SUMMARY i:\citywide\sum\zca98-07.sum
Page 1 of 1 ]ulia P H 21-May-98 3:10 PM
V~
• •
Agenda item:
Hearing Date: June 9.1998 7:30 PM
, . .
. . . , . . 5
STAFF REPORT ~TO TNE
. . ~ -
' . ; . ..CITY COUNCIL . ' ~CRYOFTIOARD
CommwriajDcvefopment .
. . JFOR TNE~CITY OF.TIGARD;:OREGON-~~ - 0ap!
VA*uaSECTION I. APPLICATION SUMMARY
CASE: FILE NAME: TURNER ANNEXATION
Zone Change Annexation ZCA 98-0007
PROPOSAL: To annex one (1) lot consisting of .11 acres of un-incorporated
Washington County land into the City of Tigard and to change the
Comprehensive Plan and Zoning Designations from Washington
County Neighborhood Commercial to City of Tigard Neighborhood
Commercial, C-N.
APPLICANT: Steven Turner OWNERS: Various Owners
2015 SW Kanan Street (List Available
Portland, OR 97201 Upon Request)
. CURRENT
ZONING
DESIGNATION: Washington County Neighborhood Commercial.
RECOMMENDED
ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of
Neighborhood Commercial (C-N) be designated upon annexation as
this designation most closely conforms to the County's current
designation.
LOCATION: The subject parcel is located north of SW Locust Street and west of
SW 87th Avenue; WCTM 1 S135AA, Tax Lot 00400.
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 Sections 18.136 and
18.138.
SECTION II. STAFF RECOMMENDATION
. . .
Staff `recommends that the Council.find that the proposed. annezatio"m.:wiq` not:adversely-": _
affect the health, safety and welfare.of: the City. _ Therefore, staff,recommends . _
APPROVAL of the annexation by. adoption..of. the attached Re`solution :anc~ Orcfinance...
4 ~
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4
ZCA 98-0007 - TURNER ANNEXATION 619/98 PUBLIC HEAFiING
• •
SECTION III. BACKGROUND INFORMATfON
Site Historv:
The property is currently vacant. The owner of the lot wishes to annex in order to develop
the property and receive city services. No development proposal has been formally
proposed, nor has the appficant scheduled a pre-application meeting.
Vicinity Information:
The area to be annexed is .11 acres. The existing city boundary runs along the southem
portion of this property, along SW Locust Street. The site and the property to the north, east
and west are within Tigard's Area of Interest but outside of the Tigard city limits. The
properties to the north, east and west are outside city limits and zoned Neighborhood
Commercial (C-N) and the property to the south is inside the city limits and zoned R-12.
Site Information and Proposal Description:
The proposal is to annex into the City of Tigard in order to develop the property 'and obtain
City services.
The applicant has requested that the .11 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
owner.
SECTION IV. APPLICABLE REVIEW CRITERtA 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 policies 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
East ClT and surrounding property owners have been notified of the public hearing and
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, Unified Sewerage
Agency (USA) and Tualatin Valley Fire & Rescue (NF&R) have all reviewed the annexation
request and have offered no objections.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0007 - TURNER ANNEXATIQN 619/98 PUBt1C HEAR{IVG
. • •
Policy 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjacent to property on the south that is inside the Tigard city limits. The affected land is
located within the City's Urban Services Area (Area of Interest) and is contiguous to the city
boundary. Adequate services are also available to accommodate the properties. The Police
Department has been notified of this request and has no objections, however, they have
requested that all properties east and west of the property be offered the option to annex in
efforts to provide consistency in addressing and to reduce confusion to emergency service
providers. Staff has sent letters to the property owners directly east and west of the site. If
they wish to annex, the attached City Council Ordinance and Resolution can be amended
. accordingly.
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:
The applicable Comprehensive Plan Policies and Community Development Code provisions
have been reviewed and satisfied as previously indicated in this report.
The City of Tigard zoning designation of Neighborhood Commercial most closely conforms
to the County designation of the same classification. 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.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0007 - TURNER ANNEXATION 619/98 PUBLIC HEARING
• •
,
SECTION V{. AGENCY COMMENTS
The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified
Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley
Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington
County 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) 98-0007 TURNER; ANNEXATION.>' .-4-. ,
Mav 21, 1998
PREPARED BY,: Julia Powe{I Majduk DATE
Associate Planner
r.~ Mav 21. 1998 _
~-'Ztv ;
APPROVED BY: Richard Bewer o DATE
Planning Manager
i:\curplnyulia\annex\zca98-07.doc
a
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0007 - TUFlNER ANNEXATION 6l9l98 PUBLIC HEARING
• i
CITY OF TIGARD, OREGON
RESOLUTION NO. 98-
A RESOLUTIOIY INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0007 - TURNER ANNEXATION INTO THE CITY OF TIGARD A5
DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER ILLUSTRATED IN "EXHIBIT B"
WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider the annexation of one (1)
tax lot consisting of .11 acres located north of SW Locust Street and west of SW 87th Avenue; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.410 to 199.519; and
WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and
written consent from owners of more than half 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
RESOLUTION NO. 98- i:kitywideUes\zca98-07.res
Page l of 1 Julia P H 21-May-98 3:22 PM
. CITY OF TIGARD, OREGON
ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0007-TURNER ANNEXATION AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for
one (1) parcel consisting of .11 acres located north of SW Locust Street and west of SW 87th Avenue; and
WHEREAS, on June 9, 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 of Neighborhood Commercial while implementing the City of Tigazd's existing Comprehensive Plan
Designation of Neighborhood Commercial (C-N).
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected properties shall be designated as follows:
Tax Man/Lot Numbers
1 S 135AA, Tax Lot 00400
Current Comprehensive Plan Designation and Zoning
Wa. Co. Neighborhood Commercial
New Comprehensive Plan Designation and Zoning
City of Tigard Neighborhood Commercial (C-N)
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 91998.
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:kirywide\ord\zca98-07.ord
Page 1 of 1 Julia P H 21-May-98 3:22 PM
ExHzBiT A
ZCA 98-0007
'furner Annexation
Legal Description:
A tract of land situated in the NE `I< ofthe NE'/, oFSection 35, Township 1South, RanLe
l West, ot'the Willamette L'vIeridian, in the County of Washington and State of Oreaon,
more particularly described as follows: 'Beginning at a point S89°30'W 60 ft from the Initial point of the TOWN OE METZGER
as recorded in the records ot Washington County; thence South 32.25 feet to the North
right ot way line of SW Locust Street; thence S89'34' W 31.10 ft; thence N0°? 1' W
10.00 ft; thence S89 °36'W 47.59 ft; thence along a 1885.1 tt mdius, non-tangent curve to
the left (chord bears N24° 55;'54" E, 79.77 ft) a distance of 79.73 ft; thence N89030'E
43.36 ft to the point of beginning.
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PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign
on the appropriate sign-up sheet(s). If no sheet is available, ask to be
recognized by the Mayor at the beginning of that agenda item. Visitor's
Agenda items are asked to be two minutes or less. Longer matters can be
set for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in
testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet
Business aqenda items can be heard in any order after 7•30 p m
Assertive Listening Devices are available for persons with impaired hearing
and should be scheduled for Council meetings by noon on the Monday prior
to the Council meeting. Please call 639-4171, Ext 309 (voice) or 684-2772
(TDD - Telecommunications Devices for the Deafl.
Upon request, the City will also endeavor to arrange for the following
services:
• Qualified sign language interpreters for persons with speech or
hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduted with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of
your need by 5:00 p.m. on the Thursday preceding the meeting date at the
same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772
(TDD - Telecommunications Devices for the Deafl. SEE ATTACHED AGENDA
COUNCIL AGENDA - JUNE 9, 1998 - PAGE 1
~ •
AGENDA
T{GARD C1TY COUNCiL BUSiNESS MEETING
JUNE 9,1998 - 6:30 PM
6:30 PM
• STUDY SESSION
> EXECUTfVE SESSION: The Tigard City Council wiil 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 presenk
Representatives of the news media are allowed to attend
this session, but must not disclose any information
discussed during this session.
> FACILITIES PLANNING DISCUSSION
> DOWNTOWN EFFORT UPDATE
> CYBERCAFE UPDATE
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council and Local Contract Review Board
1.2 Roll Cail
1.3 Pledge of Allegiance
1.4 Council CommunicationslLiaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. VfSITOR'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 Council Meeting Minutes: April 21,1998
3.2 Receive and File:
a. Tentative Agenda
b. Council Calendar
COUNCIL AGENDA - JUNE 911998 - PAGE 2
0 •
3.3 Approve Resolution Appointing David Chapman to the Library
Board and Lisa Incalcaterra to the Planning Commission-
Resolution No. 98-
3.4 Local Contract Review Board
a. Approve Contract for the Construction of SW 110th &
Park Street Storm Drainage Improvements to Wystan
Brown Excavation
b. Approve Contract for the Raw Water Monitoring Study to
Montgomery Watson
c. Approve Contract for Public Information Campaign on
Long-Range Water Needs to Rockey Bowler
• Consent Agenda -/tems Removed for Separate Discussion:
Any items requested to be removed from the Consent Agenda
for separate discussion wil/ be considered immediate/y after the
Council has voted on those items which do not need
discussion.
4. CONSIDER ORDINANCE AMENDING RECORDS RETENTION
SCHEDULE
. • Staff Report: Finance Department
• Council Questions/Discussion
• Council Consideration: Ordinance No. 98-
5. PUBLIC HEARING (QUASI-IUDICIAL) - JOHNSON STREET/106TH
DRIVE ANNEXATION - ZCA 98-005 (FLATTERS)
A request to annex 3.15 acres into the City of Tigard and change the
zoning from Washington County R-5 to City of Tigard R-4.5.
Locations: 10585 SW Walnut; 12385, 12355, 12325, 12330 and 12440
SW 106th Drive and 10530, 10490 and 10515 SW Johnson Drive.
(WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915, 01914
and 01917).
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
.g. Staff Recommendation ,
.h. Council Consideration: Ordinance No. 98-
COUNCIL AGENDA - JUNE 99 1998 - PAGE 3
.
6. PUBLIC HEARING (QUASI,IUDICIAL) - LEHMAN/92ND/CORAL
STREET ANNEXATION - ZCA 98-006 (PERRY)
A request to annex five tax lots totaling 1.63 acres into the City of
Tigard and change the zoning from Washington County R-5 to City of
Tigard R-4.5. Locations: 9225 and 9255 SW Coral Street, 9250 and
9314 SW Lehman Street and 9885 SW 92nd Avenue. (WCTM
1 S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800).
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
g. Staff Recommendation
h. Council Consideration: Ordinance No. 98-
7. PUBLIC HEARING (QUASI-,IUDICIAL) - SITE NORTH OF SW LOCUST
STREET AND WEST OF SW 87TH AVENUE ANNEXATION - ZCA
980007 (TURNER)
A request to annex one tax lot consisting of .11 acres into the City of
Tigard and change the zoning ftom Washington County Neighborhood Commercial to the City of Tigard Neighborhood Commercial; C-N.
Location: north of SW Locust Street and west of SW 87th Avenue.
(WCTM 1 S135AA, Tax Lot 00400).
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
e. Council Questions
f. Close Public Hearing
g. Staff Recommendation
h. Council Consideration: Ordinance No. 98-
8. CONTINUATION OF DISCUSSION: CHAMBER OF COMMERCE
PARKING REQUIREMENTS
• Staff Update: Administration Department
• Chamber of Commerce Information: Chamber Representative
• Council Discussion, Consideration of Options and Direction to Staff
9. COUNCIL LIAISON REPORTS
COUNCIL AGENDA - JUNE 911998 - PAGE 4
• • •
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
allowed to attend this session, but must not disclose any information
discussed during this session.
12. ADJOURNMENT
i:ladmkathy\cca1980609.doc
COUNCIL AGENDA - JUNE 911998 - PAGE 5
City Council Presentation
Description of Proposal: The applicant has requested to annex .11 acres of land into
the City limits. There is 1 parcel of land involved in this proposal. The owner wishes to
annex into the City to receive urban services and has preliminary plans to develop the
property. No applications have been filed, nor has a pre-application meeting been held.
The property is currently zoned Neighborhood Commercial (N-C) and will be designated
Neighborhood Commercial after the annexation. The site is adjacent to the City limits
to the south and is in the Area of Interest.
Facilities and services. Sewer is availabe from an 8-inch line in SW Locust Street
and has adequate capacity to serve this site.
Agency Review and Comments Staff submitted the annexation proposal to: the
Engineering Department, the Police Department, Water Department and Public Works.
Staff also sent request for comments to the METRO Area Boundary Commission,
Washington County, Tualatin Valley Fire and Rescue, General Telephone, NW Natural
gas, PGE, and US West
None of the agencies who received notice had any objections to the proposal.
Staff Recommendation Based on findings by staff discussed in the staff report and
because there have been no objections to the proposal by City Departments or other
affected agencies, staff recommends that the City Council approve ZCA 98-0007 by
passing the resolution and ordinance attached to your packets.
~
1,99 ;
, 7
~
- - _ ~
Exhibit A
A tract of land situated in the NE '/4 of the NE '/4 oF Section 35, Township 1 South, Range
1 West, of the Willamette Meridian, in the County of Washington and State of Oregon,
more particularly described as follows:
Beginning at a point S89°30' W 60 ft from the Initial point of the TOWN OF METZGER
as recorded in the records of Washington County; thence South 82.25 feet to the North
right of way line of SW Locust Street; thence S89 °30' W 31.10 ft; thence NO°21' W
10.00 ft; thence S89 °36' W 47.59 ft; thence along a 1885.1 ft radius, non-tangent curve to
the left (chord bears N24° 55'54" E, 79.77 ft) a distance of 79.78 ft; thence N89°30'E
48.36 ft to the point of beginnirig.
Amkk
CITY OF TIGARD
OREGON
May 19, 1998
Martin and Joan Johansson 8290 SW Landau
Tigard, OR 97223
Dear Mr. And Mrs. Johansson
The City of Tigard is processing an annexation request for your neighbor on SW Locust
Street northwest of SW 87th Street (WCTM 1 S135AA, tax lot 400). As part of our
standard, request for comments, the Tigard Police has asked us to contact you to see if
you would be interested in being included in this annexation proposal. The reason for
. their request is tq create a more uniform boundary line, thus reducing the chance of
delay in providing emergency service in this area. In addition you would, of course, be
able to receive City services. If you are interested in being included in this annexation, please fill out the enclosed
forms NO LATER THAN JUNE 2, 1998. I realize this is short notice, however, a
response is needed by this date in order to prepare the necessary changes for the City
Council meeting on June 9, 1998.
If you have questions regarding this letter or the Tumer Annexation (ZCA98-0007),
please feel free to contact me at 639-4171 x407.
Sincerely, .
~
Julia Powell Hajduk
Associate Planner
i:lcurp1nyu1ialzca1et6.doc
c: Jim Wolf, Tigard Police Department :
1998 Planning correspondence file
ZCA 98-07 land use file
13125 SW Hal! Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
f
IdML
~
CITY OF TiGARD
OREGON
May 19, 1998
Joseph Weston 2154 NE Broadway
Portland, OR 97232 .
Dear Mr. Weston:
The City of Tigard is processing an annexation request for your neighbor on SW Locust
Street northwest of SW 87th Street (WCTM 1 S135AA, tax lot 400). As part of our
standard request for comments, the Tigard Police has asked us to contact you to see if
you would be interested in being included in this annexation proposal. . The reason for
their request is to create a more uniform boundary line, thus reducing the chance of
delay in providing emergency service in this area. In addition you would, of course, be
able to receive City services.
If you are interested in being included in this annexation, please fill out the enclosed
forms NO LATER THAN JUNE 2, 1998. I realize this is short notice, however, a
. response is needed by this date in order to prepare the necessary changes for the City
Council meeting on June 9, 1998.
If you have questions regarding this letter or the Tumer Annexation (ZCA98-0007),
please feel free to contact me at 639-4171 x407.
Sincerely,
Julia Powell Hajd
Associate Planner
i:\curp1nyu1ia\zca1et7.doc
c: Jim Wolf, Tigard Police Department
1998 Planning correspondence file
ZCA 98-07 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639,4171 TDD (503) 684-2772
,
zcA 9'9-cO07
~ • Tvn~ ~9~.~~t9~h
:
Exhibit A
A tract of land situated in the NE '/4 of the NE '/4 of Section 3 5, Township 1 South, Range
1 West, of the Willamette Meridian, in the County of Washington and State of Oregon,
more particularly described as follows:
Beginning at a point S89°30'W 60 ft from the Initial point of the TOWN OF METZGER
as recorded in the records of Washington County; thence South 82.25 feet to the North
right of way line of SW Locust Street; thence S89 °30'W 31.10 ft; thence NO°21'W
10.00 ft; thence S89 °36'W 47.59 ft; thence along a 1885.1 ft radius, non-tangent curve to
the left (chord bears N24° 55'54" E, 79.77 ft) a distance of 79.78 ft; thence N89°30'E
48.36 ft to the point of beginning.
OGG mHr
~ NE I/4 NEI/4 SEC`~10 35 TIS R I W WM, ~ IS I 26DD (S f 35AA
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• WASHING70N CO TY OREGON I ROAD VACATED 467/359 i ' -7 194.16' T ~ r 190•3SCALE (~~=100' 1 I .I • 35 , 36
IOZ CANCELLED TA% LOTS
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MEMORANDUM
TO: Julia
FROM: Gregf* .
RE: Annexations
DATE: April 27, 1998
ZCA 98-5
Information is correct as stated.
ZCA 98-6 subject parcel is in the USA service area and has a sewer available.
Recommend that the area to be annexed be expanded to include the surrounding right-
of-way with the public sewers. This would include Lehman St., Coral St. and 92nd Av.
(Lehman St., and Coral St are County Roads and may require a separate action to
annex.)
For ZCA 98-7, sewer service is avilable from an 8-inch City sewer in S.W. Locust. (Map
attached.)
i:\eng\greg\deve1oplzca98-7. doc
9465 T Y
374' D8 ' 1990 I 13'
700 89' 900 302
~ Q N o~ ~o 9451 T 9429 =
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8' D4' _ .010 85
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-
. • ~'t/~n.Cr ~4~/~~>[q-~,"~,
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' H. Piease indicate all permits and/oc approvals from a City, County, or Regional
~ Government which will be needed for the proposed development. If already granted,
please indicate date of appcoval and identifying number:
APPROVAL PROJECT DATE OF FL'TURE
FTLE K APPROVAL REQUIREtifENT
Metro UGB Amendment
Ciry or County Ptan A-mendment
Pre-Application Hearin; (Ciry or Counry)
Preliminary Subdivision Approval
Final Plat Approval
Land Parcition 1
. Conditional L'se 1 I
Variance I
Sub-Surface Sewage Disposal ~
Building Permit ~ I I
Please submit copies oi proceedings relatin; to any of the aoove permits or approva!s
which are pertinent to the anne:carion. .
I. If a ciry andlor county-sancrioned cicizens' Qroup exists in the area of the annexation,
ple3se list its name and address of a contact person.
IV. SER G7CFS ANrJ UTILITIES
A. Plesse indicate the followino:
1. Location and size oi nearest water line whicn can serve ;he suo}ec-, are3, 1 ~
Revised 11/93
N E I/4 NE I/4 SECTION 35 T I S R I W W.M, ~ IS I 201) i IS f 35 A A
. l...
, ' • ~ .
~ WASHiNGTON C0 ATY OREGON ~ ROAD VACATED 467/359
-7 194.16~ T ~Yr r 19o.3'
SCALE 1"=100' ~ / -I • 35, 36
I I ~ I IOZ CANCELLED TA% LATS
801, 505,304, 3706,
~ 225NIL ~ 100, 101, 300, 2301,1300,
501, 3100, 2001,
301
~
• SEE MAP
I n
i s i ZsDo i ~
~I 22 _ ~ -60 Z E A S T 23
I
84.16 - - A io - - - - - - - - N
' INITIAL/ (POINT , 305 IIO 1 N
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„ I SEE MAP ; .BSAc. 2202
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, • . .
REQUEST FOR COMMENTS CITY OF TIOARD
Community Development
RECEIVED PLANM&ingA BetterCommunity
DATE: MaY 12,1998 J U N 12 1998
T0: lorl DorneY, US West Communlcatlons
CITY OF TIGARD
FROM: Ci~l of Tigard Planning Diuision STAfF CONTACT: lulia Powell Nalduk, Associate Planner
Phone: 15031689-4111 Fax: [5031684-7297
RE:
ZONE CNANGE ANNENATION QCA198-0001
➢ TURNER ANHEIIATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the Site P1811, ViClllfal M8p 811d AppliCellt'S StAtC111Cl1t 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: [MAY 22. 19981. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by the aboue 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 FOLLOWIN6 ITEMS TNAT APPLY:
X, 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 provufe the foam~ informtion) Name of Person[sl Commeming:
Phone Number[sl:
. • •
REQUEST FOR=COMMENTS;- CITY OF TIGARD
I ~ !
~ ll U CommunityDeve(vpment
11 SfutpingA BetterCommunity
;i A( i 3 ijl;~~ I'RECEIVEDPLANNING
DATE: MaY 12,1998 ~
T0: Julia Nuffman, USA/SWM Program 'v JUN.0 9 -~--e.--~ 1998
FROM: Ciql of Tigard Planning Diuision STAFF CONTACT: lulia Powell i Uifi&late Planner
Phone: 15031639-4i11 Fax: [5031684-1291
RE:
ZONE CNAN6E ANNEMAflON QCA198-0001
➢ TURNER ANNEMATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The •
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the SitB Pletl, Viclnity Map and Appllcant'S StetC111Cl1t for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
W E NEED YOUR COMMENTS BACK BY: [ MAY 22, 19981. You may use the space provided below or attach , a
separate letter to return your comments. If You 81'e u118b1e t0 rCSp011d b]I tlle ebOYe d8te, 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 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:
(P(ense provirfe t(e foffou~ information) Name of Person(s) Comme Phone Number[sl: ~ ~ ~ - 1~~ oa a
' • •
r -
REQUEST FOR COMMENTS CITY OF TIGARD
Community Deve(npment
Skaping A Better Community
DATE: May 12, 1998 RECEIVED PLANNING
T0: Mlchael Miller, Operatlons Water Department Manager MAY 14 1998
CITY OF TIGARp FROM: CitY of Tigard Planning Dlulsion STAFF CONTACT: lulia Powell H81duN, Associate Planner
Phone: (50316394fl1 Fax: (50316841291
RE:
ZONE CNANGE ANNEMAflON QCAI 98-0001
➢ TURNER ANNEIIATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhbod Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the SitC Plell, Vlcinity Map and Applicant'S St8tC111Cl1t for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: [MAY 22. 1998]. You may use the space provided below or attach a '
separate letter to return your comments. If You are unable to respond by the aboue 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 f OLLOWING 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.
W ritten comments provided below:
L.IATE/L :5E&V1C.L' l.tJ/LL 5,e lQoiM ~Al.~tlT/~l V/JLL~y L1/dT'[..`~)Z_ D1SZ/l.4GT.
(Please provule the fo!lnwr'ng informtion) Name of Person[sl Commeming:
Phone Number[sl: 39s-
~ RECEIVED
MAY 1 3 1998 REQUEST FOR COMMENTS CITY OF TIOARD
LAND DEVELOPMENT SERVICES Community Development
LAND USE 6 TRANSPORTATION Shapingsi Better Community
DATE: MaY 12,1998 °
T0: Tom HarrY, Washin9ton Counbl Department of Land Use a Transportatlon
FROM: Ciql of Tigard Planning Dhiislon STAFF CONTACT: lulia Powell Halduk, Assoctate Planner
Phone: 15081659-4111 Fax: 15031684-1291
RE:
ZONE CHANGE ANNEMAflON QCAI 98-0001 •
➢ TURNER ANNEIIATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the Slte P1811, Viclniv Map and Appllcant'S StetC111Cl1t for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: [MAY 22, 19981. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by Me aboue 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 FOLLOWIN6 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:
(Pkwe provire thefoaou*y informtion) Name of Person(s) Commendng: ,
Phone Number(s): ~ _39(o
•.~::t
OEOORAiMIC INFORYATION 9Y61EY
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V1C1N1'IY MAP
S'r Q ~
SUBJECT ~
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t~ c ~ I[- h
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W >
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co-meY DCRoP=d Piat dft MAy d.1998: cNJ~OLipr
, •
.
REQUEST FOR COMMENTS CITY OF TIGARD •
Community Development
Shaping A Better Community
DATE: MaY 12,1998
T0: Cralg EYestone, Columbia Cable ComqanY
FROM: Cfpl of Tigard Planning Dhilslon STAFF CONTACT: lulta Powell Na1duK, Associate Planner
Phone: 15051689-4111 Fax: [5031684-1291
RE:
ZONE CHAN6E ANNEIIATION QCAI 98-0001
➢ TURNER ANNEIIATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the SitB PI8t1, Viclnial Map and Appllcant'S StetCtllCllt 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: (MAY 22, 1998). You may use the space provided below or attach a
separate letter to return your comments. If YOU ere u11861C t0 reSp011d 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 CNECK TNE FOLLOWIH6 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:
(P(ease provirfe tfie forrm~ infomation) Name of Person(s) Commenting:
Phone Number[s): p s -
~ ' • •
4REQUEST FOR COMMENTS CITY OF TIGARD
Community Development
Skaping A Better Community
DATE: MeY 12,1998
T0: lim Wolf, Tigard Police Department Crime Preuentlon Officer
FROM: Cip1 of Tigard Planning Diuislon STAFF CONTACT: lulia Powell Haiduk, Associate Planner
Phone: [5031639-4t11 Fax: (50316841297
RE:
ZONE CNANGE ANNENATION QCAI 98-0001
➢ TURNER ANNFXATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the Si[e Plell, Yiclnity Map and ApplicanYS SteteroCtlt 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: (MAY 22, 1998). You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond by ihe aboue 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 FOLLOWIN6 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:
Qe00a.S't *rok A Vowi1e ~O aaSt av,A \4est ot- "we 0fCW_t4 '
cbr'VsVs~
(Please provide tfie fo!lowing infornration) Name of Person(s) Commendng: 6
V~►0
Phone Number(s): 1a.0
REQUEST FOR COMMENTS CITY OF TIOARD
Community Deve(apment
ShapingA Better Community
DATE: MaY 12,1998 . T0: Brlan Rager, Deuelopment Reuiew Englneer
FROM: Ciql of Tigard Planning Diuislon STAFF CONTACT: lulia Powell HaIduk, Associate Planner
Phone: [50316394171 fax: [50316847297
RE:
ZONE CHANGE ANNENATION QCA198-0001
➢ TURNER ANNEMATION Q .
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the Site Plell, Viclnity Map and Applicant'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: [MAY 22. 19981. You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond bY the aboue 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 TNAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
Y ~f Ve/191 : U ~c~✓(d 9l~c+ !~i ~Jtv1.~X2~`
(Please provirfe tle foffo~ infonnation) Name of Person(s) Commendng:
Phone Number[s):
• .
REQUEST FOR COMMENTS CITY OF TIGARD
Community Develnpment
Shuping A. Better Community
DATE: May 12,1998
T0: lohn RoY, Properql Manaoer/Operations Department -
FROM: Ciql of Tigard Planntng Dhilsion STAfF CONTAC lulia Powell Halduk, Associate Planner '
Phone: [50316394111 fax: [50316841291
RE:
ZONE CHANGE ANNENATION QCAI 98-0001
➢ TURNER ANNEMATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the SItB Plan, Viciniql Map and AppllcanYS StAtC111Cl1t 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: [ MAY 22,19981. You may use the space provided below or attach a ,
separate letter to return your comments. If You el'e u118b1e t01'eSp011d bY tl18 ab0ue 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.
Pnwe HECK TNE FOLLOWING ITEMS TNAT APPLY:
_ have reviewed the proposal and have no objections to it.
_ Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the fo!lounng infomativn) Name of Person[sl Commentlng:
Phone Number[sl:
REQUEST FOR COMMENTS CITY OF TIOARD
Community Deve(npment
ShapirB A Better Community
DATE: MaY 12,1998
T0: Brtan Moore, PGE Seruice Design Consuttant
FROM: City of Tigard Planntng Dluision STAFF CONTACT: lulla Powell Halduk, Assoclate Planner
P6one: 15031639-4fl1 Fax: (50316841291
RE:
ZONE CNANGE ANNENAflON QCA198-0001 TURNER ANNEMATION Q .
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the S(te Plell, Viclnlty 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: [MAY 22.19981. You may use the space provided below or attach a
separate letter to return your comments. If You ere u118b1e t01'CSp011d bY the ebOYe dete, please phone the staff contact
noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK TNE FOLLOWIN6 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:
(P(ease provule tke forrv,*& infomation) Name of Person(s) Commenting:
Phone Number[sl: S-X:;,- 44,.vC,
CITY OF TIGARD
Community Development
Ska i A Better Communi
t
'
. ...~,~f~z.~ ~ .~3 ~t*~* . ~ , x . c.. ..u• I e
x .
120 DAYS = N/A
FILE NO(S): ZONE CHAHGE ANNEIIATION [ZCAI 98-0001
FILE TITLE: TURNER ANNEIIATION
APPLICANT/
OWNER: Steve Turner
2015 SW Kanan Street
Portland, OR 97201
REQUEST: The applicant is requesting to annex .11 acres of property into the City of Tigard
and adopt the City equivalent zoning of Neighborhood Commercial.
LOCATION: WCTM 1 S135AA, Tax Lot 00400. The property is located north of SW Locust Street
near SW 87th Avenue.
ZONE: The proposed zone change is to City of Tigard Neighborhood Commercial from
Washington County Neighborhood Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.136.
CIT: East CIT FACILITATOR: List Available Upon Request
DECISION MAKING BODY:
DATE COMMENTS DUE: FRIDAY - MAY22,1998
STAFF DECISION DATE OF DECISION:
PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 P.M.
HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 P.M.
X CITY COUNCIL DATE OF HEARING: 6-9-98 TIME: 7:30 P.M.
PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
X VICINITY MAP LANDSCAPING PLAN NARRATIVE
_ ARCHITECTURAL PLAN SITE PLAN OTHER
STAFF CONTACT: Julia Powell Haiduk, Associate Planner (503) 639-4171, ext. 407.
ZONE CHANGE ANNEXATION
APPLlCATION
CITY OF TIGARD 13125 SW Hall 81vd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297
PRE-APP. HELD WITH:
OATE OF PRE-APP.:
GENERAL INFORMATION
FOR ST~kFF USE ONLY
Properry Address/Location(s):
# Case No.(s)- z.'c~i 9 8-c~oo 7
Tax Map 8~ Tax Lot #(s): i~ A, 7X1-k Lc~T 4C?O Othec Case>No:(s);:
: . . : : ,
. .
Receipt No::
Site Si2e: SO Z.5 Application Accepted By::
. ~ ,
.
Property Owner/Deed Holder(s)': R• fi1~1+•C~.,
Address: Phone: Date Detecmined::To: Be..Compiete:.
City: :22YZTt-PAA19 Zip. q~,Z-o J . . . :
Applican~~~~~ ` Comp PlarttZone Designation:
Address: Phone:
City: ZiP: C!T Area:
' When the owner and the applicant are different peop{e, the applicant
must be the purchaser of record or a lessee in possession with written
auchorization trom the owner or an agent of the owner with written
authorization. The owner(s) must sign this application in-the space BEQUIRED SUBMITTAL ELEMENTS ~
provided on the baclc of this form or submit a written authorizatian with
this application. I
✓ Application Elements Submitted: ~
,
PROPOSAI. SUMMARY j
p' Application Farm ~
The owners of record of the subject property request a Zone Change ❑ Completed Boundary Commission `orms ~
Annexation from Washington County AIC, to Tigard for "Doubie Majority" Annexation
p Owners SignatureMlritten Authorization
dc,_ (if applicable) and a Zone Change from Vlashington ~ I
Counry IV(L to Tigard Nc. Tit1e Transfer Insirument or Deed ~
~ C] Site/P1ot Ptan
,
i of copies based on pre-app check list) I
(provide any additional information here) ~C3 SiteJPlot Plan (reduced 81/,"x 11
4 ❑ Applicant's Statement
~ of rapies based on pre-app ;»heck tist) i
I p Filing Fee J,1.,1fdZM
' • ~
1
. ~
APPLICANTS:
To consider an appiication compiete, you will need to submit ALL of the BEQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be abtained, upon reguest, for a4{ rypes of Land lfse Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above reauest does not violate any deed restrictions that mav be attached to or imoosed uoon the subiect
A19pe1'SS[. .
• tf the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to ail
the conditions and limitations of the approval.
• Alt of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so aclcrlowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• Tfie applicant has read the entire contents of the application, including tlhe policies and criteria, and understands the
requirements for approving or denying the application. '
SIGNATURES of each owner of the subject property. •
c
DATED this day of . 19
Owner's Signatu' Owner's Signature
Owner's Signature Owner's Signature
2
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, „
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COMMUNITY NEWSPAPERS, INC. Le9al
P.O. BOX 370 PHONE (503) 684-0360 NOtiCe TT 914 3
BEAVERTON, OREGON 97075
Legai Notice Advertising
• City of Tigard/Planning • ❑ Tearsheet Notice
13125 SW Hall Blvd.
• Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
'Accounts Payahle •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, ~ss.
1, Kathy Snyder
being first duly sworn, depose and sey that I am the Advertising .
Director, or his principal clerk, of theTigard-TLa1 ati n Tlmes
a newspaper of genecal circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaiq county and state; that the
Hearinq-Turner Annexation
s printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for QNE successive and
consecutive in the following issues:
t4ay 28,1998
3YL, I ~ nAl-
Subscribed and sworn before me this 28th day of may., 1998
o ryPublic for Oregon .j0P~,~;."``
Iv T/:Y L~~~..•UnEGON
My Commission Expires: COMthiSSivR tN'G. 062Q71
MY COMMISSIQN EXPIRES MAY 96, 2001
AFFIDAYIT
. i ~
...-.-....n. "Mies'.T.fi~' ..~.~:i''~ a.~'_..s«. ~v 1 ~r,.;,p;;s't~,NaW.C[ t4!t/f1.,: •^'YL.:.i..~• ...-.a
T6e follow~g.wi11 lie;cflrisider"ed,by'the Tigard Cjty Councilon JUNE ;
9,1998°at7r',30 P.M., aCsthe;Tigard Civic Center- Town Hall Room,;
'
~ 13125 SW Hall Blvd:, Mgard, Oregon 97223: Botfi public oial and'written,
N.:t~.
t festimony;i's,u►y~ted.;The public heanng on this'matter.will.be conducted' :
;
ry""with'the rules of'Cha ter;18:32~of~ttie»Ti aid,Mun'icipal~
m.accordnce
a, . . ~r,• n..~. 1n~,
~
~ Coile.~~ an~'aany.~niles. and pmcedures•ad`opted 6y~ ..:the~Tigardty Council;.or'..'
rul " ' ~-~.T ~ L, w, ~ ;r~`c.
es of procedure set frn'th'in .Cha`"tei 18.30. -.''3`:R ~ ~
P . . ~ ~
~y..~~us. ..n. - j_:.
Failuie.~.~,~~~.~~
"to.iaise`an;is;sue.in.person;orby,~l,etter at somepoint:~pnor,tortttie .
~ close'of the-hearing onthe"request*accompazued tiy: sfatenients or evidence~.
.~,...R.. -
sufficient,io allow the.Heanngs Authority',~and~all ttie paRies to respond onr, ~ the request,~'precludes an appeal.to the Land Use Board of.Appeals,based~
~ on that sue, and failure to specify ~ttie cnterion"-fiom'tfi'e Community
; DevFlopment,Code orComprehens Pve Plan ai which'a comment is ' diiec'ted precludes an-appeal based on,tat criterion. Furttier.~information is;~~.
~ available ai City i~all and may be"obtuned froiri~the Community.Develop- .
' ment D'iiector oi~City RecofdeT at th~ame location; or by calling (503) `
f 639-4171. : - ~
PUBLICHEARING•.":il:.~tlf
.0~?YZONE CSANGE ATINEXATION [ZCA]98-0007
; --;'~.,yv.i•TURNERANNEXATION <~►'~r~~; 'v~%~~~a-~~,~~~?` 'ilhe applicant has requested to annez one (1):lo't consis'ting of :11~ acres of•, w,
; unincorporated Wastungton Countyland into,the..Cify of.Tigard.and to :
; change;;the',Compreherisi_v,ei.Plan aud,Zoni,ng Designation~.~rom~,:~.
; Washington County Neighborhood,Commercial-to. City,of,TigaidNeighi~; ~
F borhood Commercial'.`l C-N.. CURRENT•ZOIVING DESIGNATION:,.;
t u.. 't~.l• a -t•~ •$b Iorliood EC't.tma
~ Washing~ont1abCounry. Neigoimercial., RECOMMENDED';
~ ZONIIVGDESIGNATION:`It is.reco~ime_'naed tt►at the City"of.Tigar
Zonmd =
a v-~ j`j~' : designated
.Fag~ sDes~.~..ign►at~, >ion > oerf s r^^ Neigh6o~} 9y 'rboodCommercialt(C N)~_,be
upon:annexation as''this desi" aUon mos't~c~lo"s~ljr `msiottie,C~oun~'~ ~'t
r..~'' t•49 "
ty 's'cuii+ent''designatieaa'~ION=T6o °sub~ect ~`aTCe] islocated':iiortfif~
e-- r' of SW L:ocust Street~aa3;~:west;of;~W ,8~th:~Avenue;lWCTM~dS1~5AA;~?:
3'au'L"ot 00400i~APPLICA$L'~raBEYIEW'CRITERIA ~~igai~d',Com;m"i.
pnehensive_P.lan -hcieS,~2.1:1;~10 ~ ~;:1~.1.2laiid 10 Y:3 ~~nd~Tigard;~Com;}'~
munit`y_-•Dev elopn~eajCode Sitions'18136,a~n_d~}8138 ti$ ,a.~~ a~.
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CITY OF TIOARD
Cvmmunity Development
' Shaping A Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY,
JUNE 9,1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO(S): ZONE CHANGE ANNEIIATION QCAI 98-0001
FILE TITLE: TURNER ANNEIIATION
APPLICANT: Steve Tumer OWNER: Same
2015 SW Kanan Street
Portland, OR 97201
REQUEST: To annex one (1) lot consisting of .11 acres of un-incorporated Washington County land
into the City of Tigard and to change the Comprehensive Plan and Zoning Designations
from Washington County Neighbofiood Commercial to City of Tigard Neighborhood
Commercial, C-N.
LOCATION: The subject parcel is located north of SW Locust Street and west of SW 87th Avenue;
WCTM 1 S135AA, Tax Lot 00400.
CURRENT
ZONING
DESIGNATION: Washington County Neighborhood Commercial.
RECOMMENDED
ZONING
DESIGNATION: It is recommended that the City of Tigard Zoning Designation of Neighborhood
Commercial (C-N) be designated upon annexation as this designation most closely conforms to the County's current designation.
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 Sections 18.136 and 18.138.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
ANYONE WISHING TO PRESENT W EN TESTIMONY ON THIS PROPOS ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEAF~ ORAL TESTIMONY MAY BE PRES~ED 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
CLQSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER MAY 19. 1998, ANY PARTY IS
ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE
HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST
SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT
THE FIRST EVIDENTIARY HEARING (ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD
COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL
OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY.
AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO
THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT
ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT
NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) 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
HAJDUK AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARU, OREGON 97223.
• ` ° PARCEL TO
~BE AN L N
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LOCUST
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EXHxBzT B
FS126DD-01901 1 S126DD-02600
FACKRELL DALE & MARY & STEVEN LOVIK DAVID E AND
PO BOX 5475 20624 BRIGHTWOOD LN
BF-AVERTON, OR 97006 BEND, OR 97702
1S126DD-02700 iS126DD-03100
LEDFORD VIRGINIA H TRUST THE WESTON INVESTMENT CO
1042 RANDOLPH RD 2154 NE BROADWAY
WOODBURN, OR 97071 PORTLAND, OR 97232
1S135AA-00301 1S135AA-00302
HAYZLETT MAXINE TR JOHANSSON MARTIN & JOAN
17015 SW ELDORADO DR 8290 SW LANDAU
TIGARD, OR 97224 TIGARD, OR 97223
1 S135AA-00305 1 5AA-00390
SILLS DONALD N ET AL JOHA ON IN & JOAN
10115 SW HALL 8290 S U
TIGARD, OR 97223 TM-AD, OR 972
1S135AA-00400 iS135AA-00500
TURNER STEVEN R EIDENSCHINK IRMA
PO BOX 25216 8740 SW LOCUST DRIVE
PORTLAND, OR 97298 PORTLAND, OR 97223
1S135AA-00600 1 S135AA-00700
EIDENSCHINK ERMA E WESTON JOSEPH E
8740 SW LOCUST 2154 NE BROADWAY
TIGARD, OR 97223 PORTLAND, OR 97232
1 5AA-007 1S135AA-00803
TIGA Y OF HERBERHOLZ LARRY S& CATHY D
13125 ALL 9620 SW 90TH AVE
T RD, OR 7223 PORTLAND, OR 97223
1S135AA-00804 iS135AA-00805
LAt KHOAN VAN & VO.VIEN T&
10161 SW JEFFERSON AVE 10181 SW JEFFERSON ST
TIGARD, OR 97223 TIGARD, OR 97223
1S135AA-00806 1S135AA-01400
MILLS MICHAEL E AND BESLEY PROPERTIES INC
10211 SW JEFFERSON 9900 SW GREENBERG RD
TIGARD, OR 97223 PORTLAND, OR 97223
1S135AA-01900
BOOTH JOICE GOSSETT STEVE TURNER
10250 SW 87TH AVE 2015 SW KANAN STREET
PORTLAND, OR 97223 PORTLAND OR 97201
~
~ ~
AFFIDAVIT OF MAILIHG cm oF nonac
Community ~Deve(opmrnt
Shaping/1 BettaCommunity
.S`~'iarn OF 02j,EGOx
. D~
cvunty f o tivasfnngton ) ss. -
City of TWard )
I, Tacricia G. Lunsfnr( being first duly swom/affirm, on oath depose and say that I am an,4dmmistsatim SpeciaCut II for the
City of 7'~gar4 `tNashingtan Councy, oregon and that I served the following:
(ChW*AFPWr. ema.) e.eO
❑ NOTiCE OF DECISION FOR: -
0 aMaoED nwnce Fue No.nlam Retrerm)
0 City of Tigard Planning Director
01 NOTICE OF PUBLIC HEARING FOR: 2:~Zj!~A-~'t - --j a2 ~Nd~ ~LI 1
Cl AMENDED NOTICE (File No.Mame Reference) (Daoe a( Public Hearin9)
. ❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ / Tigard Planning Commission
Tigard City Council
❑ NO11CE OF FINAL ORDER fOR: 2:7
0 AMENDED NOTICE (Fle No.Mame Rd&eme) (Daae d Pudic Heaarg)
0 City of Tigard Planning Director
0 Tigard Hearings Officer
❑ Tigard Planning Commission
0 Tigard City Council
0 NOTICE OF fOR:
(7YPeAGnd d Na4ice) (Fle No.M2me Referer=) (Qam d Pudic Hearing, if applirade)
A copy of the PUBLIC HEARIN6 NOTICE/NQTICE OF DECISION/NOTICE OF RMAL ORDER/OTHER NO11CE[S] of which is attached,
marked ddlQlit "A", was r~~iled to eacb person(s) at the address(s) shown on the attached list(s), mariced
E1d11b " the ~l f 1998, and deposited in the United States Mail on the
day of 1998, postage prepaid.
(Person that Prerpared No ice)
Subscribed and sworNaffirmed before me on the day of , 19~
,
~
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBIIC•OREGON
'`COMMISSION NO. 048142 NOTARY PUBLIC OF E N
MV COMMISSION EXPIRES SEPTEMBEp Oy, 199~
• My COt11t111SS1011 ElqlUBS: ~
ZCA 98-0007 NOTICE OF FINAL~RDER BY CITY COUNCIL •
Steve Turner
2015 SW Kanan Street
Portland, OR 97201
CITY . .
~ OEOORAPHICINiORYATION SYSTEM
1
sT CQ►~ ` V1C1N11Y MAP
- z SUBJEC'f ~ O Z
PARCEL TO ~ N
c ~ BE ANNEXED ST O ~ F ZCA 98"0007
j
~
; . Turner Annexation
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,
0 100 200 300 400 500 Feet
O~O `O
PINE ST r=37ereet
E
C.ity of Tigarci
Information m Ws map is fa general locatim wJy end
should be verified wtth tlre DevelopmerR Savices DMsbn.
. CE ST +3125 sw fwo sr~a
SRRUCE nga.e, oR 97223
(503) 639-4771
httpJAvww.d.tlgard.a.us
Commnmty Develupmert - - Flot due Mty 11.1998: c\m&yic\=0c0l.&Pr
i •
y REQUEST FOR COMMENTS CITY OF TIGARD
. ' Community Development
Shaping A Be#er Community
DATE: MaY 12,1998 ,
T0: PER ATTACHED FROM: Cipl of Tigard Planntng Diuision STAFF CONTACT: Julia Powell Haiduk, Associate Planner
Phone: [50316594111 Fax: [50316841297
RE:
ZONE CHANGE ANNENAflON 9CA198-0001
➢ TURNER ANNEMATION Q
The applicant is requesting to annex .11 acres of property into the City of Tigard and adopt the City
equivalent zoning of Neighborhood Commercial. LOCATION: WCTM 1 S135AA, Tax Lot 00400. The
property is located north of SW Locust Street near SW 87th Avenue. ZONE: The proposed zone
change is to City of Tigard Neighborhood Commercial from Washington County Neighborhood
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136.
Attached is the Site PI811, YiClllily Meq elld AppliCellt'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: (MAY 22, 1998). You may use the space provided below or attach a
separate letter to return your comments. It You ere unabl8 t0 reSpOnd bY t118 abOYe 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 CIIECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
_ Written comments provided below:
(Please provirfe de fo!l" infornration) Name of Person[sl Commentlng:
Phone Number[sl:
•
REQUEST FOR COMMENTS •
` NOTIFICATION LIST FOR LAND USE 8 COMMONITY OEYELOPMENT APPLICATIONS
crraroa (erM cs) M.: . ".:CI11iEN~,INYOLVEMENi;TEAMS.° Aa PlaufornWewlnUbruftCRBeok[sl~ ' .
fllE NO[Sl--_,ZCa4 qA 000 -7 FILE NAME[Sl:
,
. . _ : t., ..CITY.OFFICES= . _ - . . . „ . ~
_ ADVANCED PIANNING/Nadine Smith, q.nninyswwi.o._ COMMUNITY DVLPMNT. DEPT./wromm.s.o.r.onoidws &-"-POLICE DEPTJJim Wolf, Gim* P-pnionOfikw
_ BUILDING DIV.;Oavid Scott, BuiltlinqOllkiL NGINEERING DEPTJBrian Rager, Wipmm. R~viwEnqinMr ~WATER DEPTJMichael Miller,o,.,,~~,. M.,~.,.,
_ CITY AOMINISTRATIOWCathy Wheatley, GryR~eaer
d ~PERATIONS DEPTJJohn Roy, P,owryM..syw ~ OTHER
; . .
, . ;
. _ . , . _ _ :
_ . , . . . t °-SPECIAL.D _ _ . . -
IsTRICTS':= _
_ TUAL HILLS PARK & REC. DIST.* TUALATIN VALLEY FIRE & RESCUE ~---TALATIN VALLEY WATER DISTRICT ~ 6UNIFIED SWRGE. AGENCY ~
Planning Manager Fire Marshall Administrative Oflice Julia HuftmaNSWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street
Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hiilsboro, OR 97124
,`;tOCALAND:STAtEI'URISDiCTTiONS
CITY OF BEAVERTON ~ CITY OF TUALATIN ~ OR. DEPT. OF FISH & WILDLIFE OR. DIV. OF STATE I.ANDS
Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE
Mike Matteucci, Neiynenw, coord. PO Box 369 PO Box 59 Salem, OR 97310-1337
PO 8ox 4755 Tualatin, OR 97062 Portland, OR 97207
Beaverton, OR 97076 OR. PUB. UTILITIES COMM.
METRO - IAND USE & PLANNING ~ OR. DEPT. OF GEO. & MINEHAL IND. 550 Capitoi Street, NE
CITY OF DURHAM ~ 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380
City Manager Portland, OR 97232-2736 Portland, OR 97232
PO Box 23483 US ARMY CORPS. OF ENG.
Durham, OR 972813483 Paulette Allen, Growth ManagemerqCoorWnafor OR. DEPT. OF LAND CONSERV.& DVLP 333 SW First Avenue
_ Mel Huie, GreenspacasCoordinator(CPA's20A's) 1175 Court Street, NE PO 8ox 2946
CITY OF KING CITY * / Salem, OR 97310-0590 Portland, OR 97208-2946
Ciry Manager ~METRO AREA BOUNDARY COMMISSION
15300 SW 116th Avenue 800 NE Oregon Street OREGON DEPT. OF TRANS. (ODO~ WASHINGTON COUNTY ~
King Ciry, OR 97224 Building #16, Suite 540 Aeronautics Division Dept. of Land Use 8 Trans.
Portland, OR 97232-2109 Tom Highland, vtardiiny 155 N. First Avenue
_ CITY OF LAKE OSWEGO ~ 3040 25th Street, SE Suite 350, MS 13
Planning Director OR. DEPT. OF ENERGY Salem, OR 97310 Hilisboro, OR 97124
PO Box 369 Bonnevilie Power Administration
Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera ODOT, REGION 1!F Brent Curtis (cvn•8)
PO Box 3621 Sonya Kazen, ovromt. aw. w«a. Scott King (cvn•S)
4--~_CITY OF PORTLAND Portland, OR 97208-3621 123 NW Flanders Mike 8orreson (enyi~)
Oavid Knowles, vmnning eweeu oir. Portland, OR 97209-4037 r,1im Tice (iGn•s)
Portland Building 106, Rm. 1002 OREGON, DEPT. OF ENVIRON. QUALITY ~ T om Harry (c~en vi. nm.)
1120 SW Fifth Avenue 811 SW Sixth Avenue ODOT, REGION 1- OISTRICT 2A ~ Phil Healy (aweu ai. rm.)
Portland, OA 97204 Portland, OR 97204 Jane Estes, P~nsrecwist _ Sr. Cartographer(canrzcn•MS,a)
PO Box 25412
Portland, OR 97298-0412
. . . . _ , UTILITY PROYIDERS AND:SPECIAL A6ENCIES°.
BURLINGTON NORTHERW
SANTA FE R/R METRO AREA COMMUNICATIONS &P'ORTLAND GENERAL ELECTRIC l.Td'1CABLEVISION OF OR.
Fieed Fay, Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson
1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Fioad 3500 SW Bond Street
Vancouver, WA 986603000 1815 NW 169th Place, S-6020 Wiisonvilie, OR 97070 Portland, OR 97201
8eaverton, OR 97006-4886
ZCOLUMBIA CABLE COMPANY ~ PORTLAND WESTERN R/R TRI-MET TRANSIT DVLPMT.
Craig Eyestone ~tVW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser, Project Planner
14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street
Beaverton, OA 97005 220 NW Second Avenue 999 Third Avenue, Suite 2120 Portland, OR 97232
GENERAL TELEPHONE Portland, OR 97209-3991 Seattle, WA 98104-4037
Paul Koft, Engineering OREGON ELECTRIC R/R SOUTHERN PACIFIC TRANS. CO. R/R ' US WEST COMMUNICATION
MC: 08030546 (BURl/N670MMO1ffHfRH/SAN/AffR/RVREDAfSOR) Clifford C. Cabe, Construction Engineer Pete Nelson
Tigard, OR 97281-3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street
1313 W. 11th Street Portland, OR 97232 Portland, OR 97204
Vancouver, WA 98660-3000
INO/CATfi Af/tOMAY1t MOi1i1CA?ION IY IrITN/N 2s0' Oi !NL iNBJLC! OROPiQff iOR ANl►/ALL CIt1 PAO.FLC'!S.
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CITY ' AR'
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OEOORAPHIC INFORMATION SVHTEY
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13125 SW Hall BNd
Tigard, OR 97723
(503) 6394171
' httpl/www.d.Ugard.a.us
Comm~rty Developmen Plmame:.ay 1L199s: e:UMkXMagieOWr
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