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ZCA2008-00005 • Office of foe Secretary of State O F Archives Division DQ MARY BETH HERKERT KATE BROWN t,4%;A tN Director d o, Secretary of State Q'.,;z�• a it ,�j't,GI h'I: -, i ;i 0 800 Summer St.NE to •,***" 3E + %z Salem,Oregon 97310 ' :•_.•j (503)373-0701 8.59 Facs ile Facsimile 503( )373-0953 April 15, 2009 RECEIVED PLANNING APR 16 2009 Metro Linda Martin CITY OF TIGARD 600 NE Grand Ave Portland, Oregon 97232-2736 Dear Ms. Martin: Please be advised that we have received and filed, as of April 13, 2009, the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number 2009-03 [City of Tigard] AN 2009-0059 For your records please verify the effective date through the application of ORS 199.519. Our assigned file number(s) are included in the above information. Sincerely, c/�--"P Linda Bjornstad Official Public Documents cc: County Clerk(s) Department of Revenue ODOT Population Research Center • /` WWW Server— http://arcweb.sos.state.or.us • Internet E-mail —reference.archives @state.or.us Oregon Genealogy Listsery—or-roots @archivel4.sos.state.or.us • Aiq 9-005c1 ErN FIED APR APR 1 3 2009 ARCH'," atiaRIVES SECRETAFn - Final Documents for Annexation to Tigard WA0309 Order/Res: 2009-03 Annexation: ZCA2008-00005 DOR: 34-1939-2009 • Calikerfun • 11 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 -;41;tV April 3,2009 ;Alf f1-11.141 wit* Linda Martin METRO- Data Resource Center Boundary Change Office 600 NE Grand Avenue Portland,OR 97232-2736 Dear Ms Martin: The following information is enclosed with this letter concerning property recently annexed into the City of Tigard: City File No./Name: ZCA2008-00005/Montage Townhoines Annexation • Certified True Copy of Original City of Tigard Ordinance No.2009-03. • Assessor's Map of the Subject Properties. • Noticelo Taxing Districts from the Department of Revenue POR 34-1939-2009). • Metro Mapping Fee in the amount of$250.00 based on 1.0 to 5.0 acres. This annexation is for 2.10 acres. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 1S126DB,01100 9325 SW Hall Boulevard Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 Du have any qu-,tions or need further information, please call me or Gary Pagenstecher at 50 -639-4171. I . foe /Peb ratty', o • Planning Assis Enclosures c: ZCA2008-00005 Land use file Phone: 503.639.4171 • Fax: 503.684:7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • . . CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2009- Q2 AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE MONTAGE TOWNHOMES ANNEXATION (ZCA2008-00005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on March 24, 2009, to consider the annexation of one (1) parcel Washington County Tax Map (WCTM) 1S126DB, Tax Lot 1100) of land located on SW Hall Blvd and adjoining right-of-way, and withdrawal of said parcels from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524,notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on March 24,2009;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No.09- Page 1 • • DOR 34-1939-2009 Notice to Taxing Districts ORS 308.225 O R E G O N DEPARTMENT II'OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem,OR 97309-5075 (503)945-8297,fax 945-8737 :Descr pt o3i and:Ma? A, P?r ove d City of Tigard r Associate Planner s a e 3........... 1 12 v Hall 3 SS SW Hal Blvd Tigard, OR 97223 X Description X Map received from: TIGARD PLANNING On: 3/31/2009 This is to notify you that your boundary change in Washington County for ANNEX TO CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS (ZCA2008-00005) (MONTAGE TOWNHOMES) ORD.#2009-03 has been: X Approved 4/3/2009 Disapproved - Notes: • Department of Revenue File Number: 34-1939-2009 Prepared by: Elise Bruch, 503-945-8344 Boundary: X Change . Proposed Change The change is for: Formation of a new district X Annexation of a territory to a district X Withdrawal of a territory from a district Dissolution of a district Transfer Merge .1 • NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report, to the City Council" (ZCA2008- 00005) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "D"and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,,signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law,and providing notice to utilities. SECTION 5: Pursuant to:ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By titrICIXlitYWLIS vote of all Council members present after being read by number and title only,this ' " day of c ..X.C. .; ,2009. Cathy� y, City Recorder APPROVED:By Tigard City Council this day of • ,2009. rie/ Craig D',t en,Mayor Approved as to fo• ;,` ,4i. be a True Copy of Ci ' Attorill Oricjinal on File 11Z9/IA a ) a(.2t> By:, so,/ `',• -Date Deputy Recorder- City of Tigers/ Date: ., , ;! �d d ORDINANCE No.09- 03 Page"2 EXHIBIT A ZCA2008-00005 MONTAGE TOWNHOMES ANNEXATION • ANNEXATION • LEGAL DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 26,Township 1 South,Range 1 West of the Willamette Meridian,Washington county,Oregon being a portion of Lot 5 and all of Lot 6 Cedarbrook Farm described as follows: Beginning at the southwest corner of Lot 6 Cedarbrook Farm; Thence N 2° 06' 51"E,along the westerly line of said Lot 6,a distance of 122.84 to the road vacated in Fee no. 88-43089 of the Washington county Deed records; Thence S 87°53'09"E,along said vacated road,a distance of 20.00 feet; Thence N 2°06'51"E,along said vacated road,a distance of 343.27 feet to a point 30.00 feet southerly of the center line of SW Hall Blvd; Thence N 62° 56'30"W,parallel with the center line of SW Hall Blvd,a distance of 22.06 to the northwest corner of Lot 5 Cedarbrook Farm; Thence N 2°06'51"E a distance of 33.09 feet to the center line of SW Hall Blvd; Thence S 62° 56' 30" E,along the center line of said Hall Blvd,a distance of 168.66 feet to the extension of the east line of Lot 5 Cedarbrook Farm; Thence S 2° 06'51"W,along the east line of said Lot 5 and the extension thereof, a distance of 251.51 feet to the north line of Lot 6 Cedarbrook Farm; Thence S 88° 59'48"E,along the north line of Lot 6 Cedarbrook Farm,a distance of 143.91 feet to the NE corner of said Lot 6; Thence S 2° 06' 51"W,along the east line of said Lot 6, a distance of 182.78 feet to the SE corner of said Lot 6; Thence N 89°01'09"W a distance of 296.87 feet tQ the point of beginning; Containing 91437 square feet,2.10 Acres. • • • . • , • " • . . . . . .. . .. .. .. ............. ._..... . _ ... .. ,,, • • . . EXHIBIT A .t1.8108 .4008 14:48 iFilX • . 4 b-_.i. M , ' '• . . • ' . I....,,,. a.ii.• • -................. - . -71„4,61;11e . . . Ilii'le10,-Y.4: ..-.'■. 30t-A1 ' ‘ c•i 500 1.85 AC r‘NN<,------- it otT - '*sh•-•',11.4.1.... .vq44 „, -......, v 1 I al _6: a ,g 210 , Af 2 i l 4'i' . • 4/A1 ittlr- ''''F•s‘?,;•••.. 4,1 , . : • -10221 . . . . . 7 qvii,i 2000 : ._ ...,, . , . . . ,-. . . - • ' ''. .,..... . .. . . --..; 3 _ . Ii. '....",..;,......„...... . , . EASEMENT'S 80.20801 . 2-1.--. ,. 9) 2800 N' . i I .• • I : . '934,10 \ 1/440 a g, • \• , 1100 S ..) . 2.04 AC \ • . ...! .ks'■.,, ,: . . . 9 3 : • .91 AC 9 . ....-.,. .220.00 . 6 ) • . . • !c., . . .62 AC /i 2vii.so ! tresoi-osw „ . . .., . - A,0,41444.vaaw•k•wox - . "L! . °111112=111111° I . .;. ,e ,•/..” . , 3119X 7. ..7, 7, ,'• % '' 's. • .4-'• ' " ' - - .. . '33 . I '''' s'• :' .". 'Ektr'••• "%•"•••' ':: ''' ;: —.' 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"...4'lifi7500.: f..■ ,e‘ - 97W.ts.,' '`);ZIV4) ‘1",/ ' Aes 'MOO se A.•tt •Z7ein"..a;),2.! e i • CHICAGO TITLE • "This'plat is for your aid in toc:ating-your land with reference to Streets and other parcels. While.this plat is believed to be correct,the company assumes no liability for any loss:occurring by reason of reliance thereon.” I • - Map No.18126DB 01100 . , CHICAGO TITLE INSUFtANCE COMPANY I . 10135 S.E.SUNNYSIDE ROAD Suite 200 • CLACKASittS,OREGON srois 1 - • :: ! ....,. . . . • MONTAGE.TOWNHOME S ANNEXATION ZCA200&00005 'L'.,: :;� ^�.�, °gar :'z` ; Red teIoa-Ntour3e ,x�' ` 1 1 .__.,._..,. .•.it' ,,s;•" ._ r" 1.'' f-s € ., ..4 f' 8880 w• ., 8860 BEAVERTON z�a�;`� ` ; � � � W• .=-- ..�� ' :.. qty �r'' 'sl4s � 9t 10 .:z `•'",y_:' O‘10 ,,," _9165, } 07' , . , • r =t ,_..t?f: 8875,8845 9144 8815 ,, • __. 8900 9225''^. ` 91$5 9225 91- ' • WASHINGTON COUNTY '` t... 9225 �: 9226 } 890 s ._ 9225 ,. , .. , - 8 9107 8840 • 9360 9087 :90SS 9230 924802/8 r 9137 •:9215 9285. DARCREST ST 92809292 C 9285 • E-., 9300 .-'1 9295 928$ ! i 1 9072 92239239 a;. . 9217 __. 9325' '•:',.....: , 9303 W .. 9297 a a 9334 }. 9321 _ 9314 .11:c' r ( ��$• 9380 !- I 1 9335 .Ll 9342 , i9385!, r93i0' 1 � -o; 9430 'L-•'i 8990'' ` 9351::C7 1 i : ' 9366 C . ge Court Openn Space Q .a E 9358 83*.sit m ! t .Z. • ) 9356 y,- 8912 8 5 0: - E 'i l,_`....... 6 J 9390 14 9375 W L .! qE.',; 8936 • : .C7 �, s9ta 9448 .• 9325 ,. sdi9 °off 9415 -9423� 942 9as5 l GA� GORMRRTIN(�{ 9499 9435 9475 _.. _ _ __.. 9305. • `"~—�-� ` �-- ! 9526: 9520 ' 9534 9550 9500 8941 •• •• 9s1a sszi 1 9500. 9515 1`,.. 9555 9560 fY)seieKypPSrau..aM)K : �;`•_, `--.. E .-... W 9512 MAUI CT... 9sfl5 9565 > . ` y.,j,� 9515 9543 .• .897 .. .....,89 �' 9589 9515 g 9570 9534 �. 9515 W 9580 9584 ; .. i 9550 �, ... 9165 .._...... !1 dab ..M1 8895 9 5; 4 00 >°°•». • ° 9611 . 9635 9145 9135 9125 9620 }•9616' 8 : CA w.;... •, 9560 963" t 9055 8865 ,. 9640 0;9632 BORDERS ST > b� :, •• Crescent Grove Cemetery t 9665 i.'.° _._.. f 9ft • • ' ...._,., i.. '. 'if 1 i 1 9070 . 9685 9990 i 8934 td • TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We the unders :i ed owner(s) of the property described.below and/or elector(s) residing at the referenced location(s),hereby petition for, an• a consent to,Annexation of said property to the City of Tigard. We understand that the City review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: • PO-Property Owner • RV-Registered Voter PAGE 1 OF 1 OV-Property Owner&Registered Voter I AM A PROPERTY DESCRIPTION ILSIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DL _ Section • Number Number Number itenea /� � f.P\ FA t ' 430 9fia.Mt* c o107202. 5f INN 24 PS 1100 ain lob • . ,tfta I 4046E 4 `1 • n 12..x.7%—C=Z\,00 vq-c-'A\--�� ‘2-k2-5 a �."2.' 2 S—..pbArnastees\revised\an.wth.mst 28-Ja EXHIBIT D F Hearing Date: March 24.2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: MONTAGE TOWNHOMES ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00005 APPLICANTS/ APPLICANT'S OWNERS: Casa Terra,LLC REP: Torn McConnell 7637 SE 29th Avenue TMC Planning Portland, OR 97202 2423 NW Sayler Street Portland,OR 97210 PROPOSAL: A request to annex an approximately 2.03-acre property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Teigaxd. The subject property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case.No.06-266-S/HRV/AMP). Site work, including streets and utilities, for the subject property's 33-lot subdivision is approximately 90%complete. LOCATION: 9325 SW Hall Blvd, east,of Greenberg Rd.;Washington County Tax Map (WCTM) 1S126DB,Tax Lot 01100. • CURRENT ZONE: Transit Oriented Residential District, 18-24 units per acre(TO:R18-24) The intent of the transit oriented districts is to direct and encourage development that is transit supportive and.pedestrian oriented in areas within approximately one- half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees,residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk;ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE; MUR; Mixed Use Residential Districts.The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning.district. MUR-1 (northern half of'th.e proppeerrtyty) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 southern half of the property) is most similar to the County's TO:R-18-24 zone. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 1 OF 8 • • APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Develo ment Code Chapters 18.320 and 18.390;Comprehensive Plan Goal 1.1,Goal 11.1 Policy 4), Goal 113 (Policy 6), and Goal 14 (Policy 1-4); ORS Chapter 222; and etro Code Chapter 3.09. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00005) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community . Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1-4. Therefore, staff recommends APPROVAL of ZCA2008-00005 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION Washington County approved a 33-lot subdivision on the subject property (WACO Case No.06-266- S/HRV/AMP) under the TO: R-18-24 zone and subdivision standards. As of the date of this application, site work, including streets and utilities, is approximately 90% complete. When the applicant recently submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed by the City in 1987 (portion of a vacated right-of- way) and would not final the plat.To solve this problem, the City and County agreed to both sign the plat upon annexation of the remainder of the subject site. The proposed annexation includes one (1) parcel and adjoining right-of-way on SW Hall Boulevard and SW 92 Avenue. The total area proposed or annexation is 2.10 acres. The subject parcel is 2.03 acres and the proposed right-of-way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the proposed annexation area. The applicant/property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore, 100% of property owners have petitioned for annexation. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional:Metro Code Chapter 3.09 City: Community Development CodeChapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4). A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18). Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 2 OF 8 • • • 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormwater management,water • supply and distribution,wastewater management, community facilities,and private utilities. In addition the comprehensive Plan Glossary includes public safety, parks, and transportation. Each service is addressed below. Washington County approved a 33-lot subdivision on the 2.03 acre property under the County's TO: R- 18-24 zone and subdivision standards (WACO Case No.06-266-S/HRV/AMP). Water—TVWD. Tualatin Valley Water District is the current service provider for the subject property and would remain the service provider upon annexation. Sewer — Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City. Engineer, the City relies on the County approval to have determined that the capacity to provide retail level sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Drainage — Clean Water Services. Clean Water Services is the current provider of stormwater services. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County land use approval to have determined that the capacity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Streets — City of Tigard Engineering Division. The subject property is located north of and at the terminus of SW 92nd Avenue, a County road. The property is located south of SW Hall Blvd, a state road. The Montage Townhomes subdivision approval through Washington County includes an internal private street. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the annexation would not affect City streets. No change of jurisdiction applies to this annexation as only small adjacent portions of each street are included in the proposed annexation territory. Police—City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to the December 17, 2008 email to Tom McConnell, the applicant's representative,from Jim Wolf,Public Information Officer with the Tigard Police Department,the City has no issues with the project. Fire—Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. The TVF&R District currently provides services to the entire area,both inside an outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard. Parks—City of Tigard/Metzger LID. According to the Tigard Urban Services Agreement, The City is designated as the provider of-parks within the Urban Services Area and is a joint provider of services within the Metzger Park Local Improvement District (LID). Actual provision of services depends on annexation of territory within this service area, subject to the City's Park System Master Plan. The annexation of the subject property does not affect the Metzger Park LID. Based upon this review, staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service to the proposed annexation territory if developed to the most intense use allowed and will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 3 OF 8 • • .L • 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has • satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be rovided an ni opportunity to be involved in all phases of the plann process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 6, 2009: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 9352 SW Hall Blvd. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 2,2009. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the East area on February 6,2009. Staff finds that this policy is met. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The applicant's land use approval from Washington County shows the project's storm sewer is served by Clean Water Services in SW 92"`'Avenue. Therefore, this policy is met. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The applicant's land use approval from Washington County shows the project's sanitary sewer is served by Clean Water Services in SW 92"d Avenue. Therefore,this policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. Policy 1.The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed below in the findings for Section • 18.320.020.C. In addition,see Table 18.320.1 on the following page: Policy 2. The City shall ensure that capacity exists, or can be developed,to provide needed urban level services to an area when approving annexation. Capacity has been addressed above,consistent with this policy. Policy 3.The City shall approve proposed annexations based on findings that the request. A. can be accommodated by the City's public facilities and services;and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed below, staff finds that the provisions of ORS 222 have been met,consistent with this policy. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 4 OF 8 • .> • Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to:A) avoid creating unincorporated islands within the City;B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Pursuant to the City's annexation policy, the City invited adjacent property owners to join the annexation. No property owners responded to the City's invitation. The proposed annexation is located on the northern boundary of the City and would not create an unincorporated island within the City. Public services are available as reviewed and approved through the County's land use approval fox the subject property and as determined in this report regarding service availability and capacity, above.subject Washington Square Regional Center Plan zoning designations will be applied to the subject property on annexation Chapter 18.320.020.0 Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be •the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. The controlling zoning map for the subject parcel is the 7/9/98 Washington Square Regional Center Study Zoning/Plan Designations Draft map (Exhibit C, Ordinance 00-18), which is consistent with the Comprehensive Plan and Zoning Designations map (Washington Square Regional Center Plan, September 1999,Page 36),which shows a split zone on the subject property:MUR-1 (WSRCP) on the north and R-5 (WACO) on the south. All of the subject property is currently zoned TO:R-18-24 (WACO). The County's Transit Oriented R 18- 24 zone permits median density, primarily attached, residential development. The City's MUR-2 is moderate density and is most similar to the TO:R-18-24 zone. The City will apply the Washington Square Regional Center Plan zone, MUR-1(50 units/acre), to the northern half of the property because it would implement the City's comprehensive plan map designation. The southern half of the property will be converted to MUR-2 because it is most similar to the County's zone. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Tide 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing; the City mailed notice on March 2, 2009, and _ published ublic notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12,2009 ) prior to the March 24,2009 public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is,therefore,in compliance with state planning goals. 2.Any federal or state statutes or regulations found applicable; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 5 OF 8 111, • ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the roposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a news of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city 45 days prior to the hearing. The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary. ihe City has acted on its own motion to annex the right-of-way on SW Hall Blvd and SW 92 d Avenue,which adjoins the subject properties. The City mailed notice on March 2, 2009, and ublished public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009 ublic hearing and posted the hearing notice for public view on February 6, 2009 in the Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW Hall Blvd. Staff finds that the provisions of ORS 222 have been met. 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 9, 2008 for a March 24, 2009 hearing). Staff has determined that the appplicable METRO regulations (Metro Code 3.09.040(b) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a mnumum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report,urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of com rehensive lan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area, including the Metzger/Progress Community Planning Area. The Tigard Urban Service Agreement is between the City, County, Metro, and the service Districts for water, sewer, transportation,parks and public safety. The agreement outlines the role, provision, area, and planning/coordinatton responsibilities for service providers operating in the Tigard Urban Services Area (TUSA).These services are addressed above at the beginning of this report. As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006) and TUSA (2006). MONTAGE TOWNHOMFS ANNEXATION ZCA2008-00005 PAGE 6 OF 8 • .. • (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place March 23, 2009. If the Council adopts findings to approve ZCA2008- 00005, the effective date of the annexation will be 30 days later onApril 24, 2009. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the proposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006 . The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, . the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(6). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 7 OF 8 • The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the ?USA (2006),which ensures the timely,orderly,and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6.The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable state and local laws and found it to be consistent. (Tigard CDC 18.390.060) 4.Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable comprehensive plan policies. 5.Any applicable provisions of the City's implementing ordinances. As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable provisions of the Tigard Development Code. • SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and provided comments in a December 19, 2008 email from Brian Rager which identifies that sewer and storm services provided to the subject property come from Washington County unincorporated territory and are provided by CWS;water is provided by TVWD; The City of Tigard Police Department Public Information Officer, Jim Wolf, commented that the Department has no issues with the project. The City of Tigard Engineering Division Engineer, Greg Berry, commented in a December 19, 2008 email to Tom McConnell,applicant's representative,that the annexation would not affect City streets. SECTION VIII. AGENCY COMMENTS Tualatin Valley Water District (TVWD) Senior Engineer Stuart Davis commented that the District had no objections to the annexation. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet and all interested parties on February 6,2009. As of the date of this report,staff has not received any written public comments. ! / March 5,2009 PREPARED ': daty Pagenstecher DATE Associate Planner MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 8 OF 8 600 NORTHEAST GID AVENUE PORTLAIOREGON 97232-2736 TEL 503 797 1742 FAX 503 797 1909 RECEIVED PLANNING METRO PEOPLE•PLACES•OPEN SPACES APR 10 2009 CITY OF TIGARD April 8, 2009 Linda Bjornstad Official Public Documents Office of the Secretary of State 800 Summer Street NE Salem, OR 97310 Subject: Completed Annexation Enclosed please find final annexation documents: Resolution/Order Jurisdiction Metro Proposal 2009-03 Tigard WA0309 Sincerely, Linda Martin, GIS technician Metro - Data Resource Center Linda.Martin@oregonmetro.gov CC: Washington County Assessor • Washington County Elections City of Tigard • Patty Lunsford From: Patty Lunsford Sent: Tuesday, April 28, 2009 10:44 AM To: Risa Proehl Subject: ZCA2008-00005 Annexation Questionnaire Attachments: PSU Census Questionnaire.pdf Hi Risa, Attached is the completed questionnaire for City of Tigard Ordinance No. 2009-03 for Montage Townhomes Annexation. The annexation is for a 33-lot subdivision, however, no homes have been built to date. Thanks! Patty Luusford Pining Assistant City of Tigard/Current Planning 503.718,2438/patty @tigard-or.gov 1 ANNEXATION QUESTIONNAIRE The information on this form will be used to certify annexed population. For June 30, 2009 certification, please return the completed questionnaire no later than June 20, 2009 to: Population Research Center P O Box 751 - PRC Portland State University Portland, OR 97207-0751 City of t Gl✓c County of ,/ /.■ ///)I (If city is located in more than one coun), name only the county where the annexation •ccurred.) Annexation Ordinance Number or Final Order Number LW Q1-03 Effective Date of Annexation , -09 Please fill in all blanks on this form and attach completed confidential census forms for all housing units both vacant and occupied. Use one sheet for each inhabitable housing unit. Make blank copies if necessary. NOTE: Certifying annexations of 125 or more housing units requires an enumeration to be conducted under the supervision of the Population Research Center and a census must be scheduled. INVENTORY OF HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION TOTAL OCCUPIED VACANT PERSONS UNITS IN SINGLE FAMILY STRUCTURES • UNITS IN MULTIPLE FAMILY STRUCTURES MOBILE HOMES OR TRAILERS TOTAL POPULATION *0.28- OF ANNEXED AREA DATE OF ENUMERATION -- ENUMERATED BY// 1 j l // /POSITION �/�!/) , ��S NE#67v 3 -17/6v--07 -3g CITY CONTACT PERSON AND TITLE Sane. Gam' PHONE# The information from this completed questionnaire and census forms are the only data used to certify annexed population. Please DO NOT send maps,copies of the fmal 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 Risa Proehl at the Population Research Center(503) 725-5103 or proehlr @pdx.edu. THANK YOU. I CONFIDENTIAL Census Form Use one form per housing unit CITY OF /9a/rte ADDRESS 93°Z-6- 90 �f Isci' (15iatoDA, 01160) HOUSING TYPE: TENURE: Single Unit Structure ❑ Owner Occupied ❑ Multiple Unit Structure ❑ Renter Occupied ❑ Trailer or Mobile Home ❑ Vacant ❑ Seasonal ❑ RESIDENTS: Last Name irst Name Sex Awe Respondent 2) 3) 4) 5) 6) 7) 8) 9) 10) POPULATION RESEARCH CENTER (503)725-3922 t OSP National Support/ y,. Investigations Dept 42864 Loc 107 2400 North Glenville Richardson,TX 75082 MCI Network Services,Inc. 04/09/2009 RECEIVED PLANNING APR 1 3 2009 CITY OF TIGARD Patty Lunsford CITY OF TIGARD 13125 S.W. Hall Blvd Tigard, OR 97223 RE: CITY FILE NO. ZCA2008-00005 —MONTAGE TOWNHOMES ANNEXATION—9325 SW HALL BLVD.— Tigard, Washington,Oregon MCI ID: 2034-2009 Dear Sir or Madam: MCI has been notified by your office regarding the above referenced project. For your records, in reviewing the area in question, it has been determined that MCI does not have facilities within your project area. However, it will still be necessary for you to contact the local One Call System at least 48 hours prior to any construction. You should address correspondence concerning any future projects to the attention of OSP National Support/Investigations at the above address. If you need further assistance with this project,please do not hesitate to call me. Sincerely, 4111( `ohn Bachelder • OSP National Support/Investigations (972) 729-6016 Nn Parilifiac Anr City''of Tigard, Oregon • 13125 SW Hall Blvd. • Tiga.OR 97223 M1 • April 3, 2009 iirGIUKD Linda Martin ME'1KO- Data Resource Center Boundary Change Office 600 NE Grand Avenue Portland, OR 97232-2736 Dear Ms Martin: The following information is enclosed with this letter concerning property recently annexed into the City of Tigard: City File No./Name: ZCA2008-00005/Montage Townhomes Annexation ♦ Certified True Copy of Original City of Tigard Ordinance No. 2009-03. ♦ Assessor's Map of the Subject Properties. ♦ Notice to Taxing Districts from the Department of Revenue (DOR 34-1939-2009). ♦ Metro Mapping Fee in the amount of $250.00 based on 1.0 to 5.0 acres. This annexation is for 2.10 acres. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 1S126DB,01100 9325 SW Hall Boulevard Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 .0 have any qu-,tions or need further information, please call me or Gary Pagenstecher at 50 -639-4171. 'atty L or. Planning Assista Enclosures c: ZCA2008-00005 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 c, ' ~ I • • U.S. Postal Service,. CER 43 (Dome Attn:Patty/Planning ded) 0' RE: ZCA2008-00005/Montage Townhomes r� For deliv m� "Notice of Boundary Change" rn E m Postage �� at�Ot� Certified Fee �r��_.1 gib �. I 4 Cy�,Po§ tark 4� • CI Return Receipt Fee I p (Endorsement Required) % ,a 14 p Restricted Delivery Fee CI (Endorsement Required) �U�`Jt,�p 1-1 Total Postage&Fees �i ,_', r co ru —557—le oo Linda Martin p Street Apt 7vo.; ' METRO-Data Resource Center ' p or PO Box No. N Boundary Change Office City,State,ZIP+4 600 NE Grand Avenue Portland,OR 97232-2736 I'S Form 3800,Aug• .•. ee•everse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S'•nat - item 4 if Restricted Delivery is desired. X I i / Agent ' • Print your name and address on the reverse i/ii �I Addressee so that we can return the card to you. :/Received by Printed Name) C. Date of Delivery � • Attach this card to the back of the mailpiece, 011 d �/ or on the front if space permits. 14-7 L ,i..., J A � D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No r t I Linda Martin l f METRO-Data Resource Center i I Boundary Change Office ` 3. Service Type 600 NE Grand Avenue Cu Portland,OR 97232-2736 Certified Mail ❑ Express Mall ■ ❑Registered ❑ Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted'Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 2 810 0001 3 8 31 8798 (Transfer from service label) ': PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M;1540 j. i ,f.f • DOR 34-1939-2009 Notice to Taxing Districts ORS 308.225 OREGON DEPARTMENT 1 OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297,fax 945-8737 City of Tigard Description and Map Approved Associate Planner April 3, 2009 13125 SW Hall Blvd Tigard, OR 97223 As Per ORS 308.225 ®Description ®Map received from: TIGARD PLANNING On: 3/31/2009 This is to notify you that your boundary change in Washington County for ANNEX TO CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS (ZCA2008-00005) (MONTAGE TOWNHOMES) ORD. #2009-03 has been: Z Approved 4/3/2009 U Disapproved Notes: Department of Revenue File Number: 34-1939-2009 Prepared by: Elise Bruch, 503-945-8344 Boundary: ®Change U Proposed Change The change is for: i Formation of a new district ®Annexation of a territory to a district ®Withdrawal of a territory from a district ❑Dissolution of a district ❑Transfer ❑Merge • City of Tigard, Oregon W 13125 SW Hall Blvd. • Tigar , OR 97223 • • I1 • em Ye ''�rC April 1, 2009 rifSik R NOTICE TO AGENCIES, PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD, OREGON. The following information is enclosed with this letter in regard to property recently annexed into the City of Tigard: City File No./Name: ZCA2008-00005/Montage Townhomes Annexation Ordinance Effective Date: April 23, 2009 e City Council ordinance approving the annexation(Ordinance No. 2009-03). ♦ Legal description and map of the subject properties. ♦ Detailed parcel information of the subject properties shown below. OWNER'S ADDRESS MAP&TAX LOT SITE ADDRESS OWNER'S NAME (IF DIFFERENT THAN SITE ADDRESS) 1S126DB,01100 9325 SW Hall Boulevard Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 • If you have any questions or need further information, please call me or Gary Pagenstecher at 503-639-4171. Patty Lunsf ord Planning Assistant Enclosure - c: ZCA2008-00005 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • CLEAN WA'I'E.R SERVICES PORTLAND WESTERN R/R DEVELOPMENT SERVICES DEPARTMENT BRUCE CARSWELL ATTN:DAVID SCHWEITZER/SWM PROGRAM 1200 HOWARD DRIVE SE 2550 SW HILLSBORO HIGHWAY ALBANY OR 97322-3336 HILLSBORO,OR 97123 WASHINGTON COUNTY SOUTHERN PACIFIC TRANS.CO. DEPARTMENT OF ASSESSMENT&TAXATION CLIFFORD CABE,CONSTRUCIION ENGINEER APPRAISAL DIVISION 5424 SE MCLOUGHLIN BOULEVARD ATTN: HEATHER TODD PORTLAND OR 97232 155 N.FIRST AVENUE,SUITE 230 HILLSBORO,OR 97124-3072 PORTLAND GENERAL ELECTRIC WASHINGTON COUNTY,OREGON ATTN:MIKE HIEB DEPT.OF LAND USE &TRANSPORTATION 9480 SW BOECKMAN ROAD ATTN:JIM NIMS WILSONVILLE OR 97070 155 N FIRST AVE,STE 350,MS 15 HILLSBORO OR 97124 METRO AREA COMMUNICATIONS WASHINGTON COUNTY,OREGON DEBRA PALMER DEPT.OF LAND USE &TRANSPORTATION TWIN OAKS TECHNOLOGY CENTER SENIOR CARTOGRAPHER 1815 NW 169TH PL,S-6020 155 N FIRST AVE,STE 350,MS 14 BEAVERTON OR 97006-4886 HILLSBORO OR 97124 NORTHWEST NATURAL GAS WASHINGTON COUNTY,OREGON SCOTT PALMER,ENGINEERING WORD. DEPT.OF LAND USE &TRANSPORTATION 220 NW 2ND AVENUE ATTN:PLANNING DIVISION PORTLAND OR 97209-3991 155 N FIRST AVE,STE 350,MS 14 HILLSBORO OR 97124-3072 VERIZON TUALATIN VALLEY FIRE &RESCUE JOHN COUSINEAU,OSP NETWORK NORTH DIVISION 4155 SW CEDAR HILLS BLVD. ATTN:JOHN DALBY,DEPUTY FIRE MARSHALL BEAVERTON OR 97005 14480 SW JENKINS ROAD BEAVERTON,OR 97005-1152 TRI-MET TRANSIT DEVELOPMENT TUALATIN VALLEY FIRE &RESCUE BEN BALDWIN,PROJECT PLANNER ADMINISTRATIVE OFFICE 710 NE HOLLADAY STREET 20665 SW BLANTON STREET PORTLAND OR 97232 ALOHA OREGON 97007 QWEST COMMUNICATIONS TIGARD WATER DISTRICT LYNN SMITH,ENGINEERING ROW MGR PO BOX 230281 8021 SW CAPITOL HILL RD,ROOM 110 TIGARD,OR 97281-0281 PORTLAND,OR 97219 COMCAST CABLE CORPORATION W.GC GA (Washington County 9-1-1) ALEX SILANTIEV ATTN:MARK CHANDLER,ENP 9605 SW NIMBUS AVENUE,BLDG. 12 OPERATIONS SUPERVISOR BEAVERTON OR 97008 PO BOX 6375 BEAVERTON,OR 97007 [LIST OF LOCAL UTILITIES] COMCAST CABLE CORPORATION (Includes various county people per their requests) GERALD BACKHAUS I:\curpin\setup\labels\annexation_utilities and franchises.doc 14200 SW BRIGADOON COURT UPDATED: 31-Mar-09 BEAVERTON OR 97005 (Check against Request for Comments check-off sheet to make sure this information is current!!) • • Portland General Electric Cypress Communications Ann: Eleanor Flittner do Tax Partners LLC • 121 SW Salmon Street, 1WTC0501 3100 Cumberland Blvd,Ste 900 Portland,OR 97204 Atlanta,GA 30339 • Time-Warner Telecom of Oregon LLC Metropolitan Fiber Systems (MFS) Ann: Tina Davis,VP&Deputy General Counsel 2400 N Glenville Dr. 10475 Park Meadows Drive Richardson,TX 75082 Littleton,CO 80124 Pride Disposal MCI Worldcom Attn: Mike Leichner OSP National Support/Investigations PO Box 820 2400 N.Glenville Dr.,Dept.42864 Loc 107 Sherwood,OR 97140 Richardson,TX 75082-4354 Miller's Sanitary Service XO Communications Ann: Dean Kampfer Attn:Martin Pfister 7227 NE 55th Avenue 11111 Sunset Hills Road Portland,OR 97218 Reston,VA 20190 Bio-Med of Oregon Medical Waste Level PO Box 1 Attn: Russell Richardson Corvallis,OR 97339 1025 Eldorad Blvd. Broomfield,CO 80021 Electric Lightwave, LLC Metro Media Fiber Network Attn:Daniel Norfleet Atm: Dennis Codlin 1201 NE Lloyd Blvd.,Suite 500 360 Hamilton Avenue Portland,OR 97232-1259 White Plains,NY 10601 Verizon COMCAST Ann: Richard Masching Marita Ghobrial—Comcast PO Box 152270 SVIE5002 9605 SW Nimbus Avenue Irving,TX 75015 Beaverton,OR 97008 Verizon IDT Corporation Ann: David Mielke,State Regulatory c/o Tax Partners LLC 600 Hidden Ridge:MC:HQE02E70 3100 Cumberland Blvd,Ste 900 Irving,TX 75038 Atlanta,GA 30339 Northwest Natural Gas OnFiber Communications Customer Billing Services Ann: Annexation Coordinator Attn:Jim Tipton 220 NW 2nd Avenue 700 W.Mineral Portland,OR 97209 Littleton,CO 80120 Qwest Corporation Integra Telecom Attn: Pat Prouse,Address Management Ctr. Ann:Tax Division 1600 7th Avenue,Rm. 1206 1201 NE Lloyd Blvd.,Suite 600 Seattle,WA 98191 Portland,OR 97232 • Sprint Communications Company Working Assets do Tax Partners LLC 101 Market Street,Suite 700 3100 Cumberland Blvd.,Suite 900 Atlanta,GA 30339 San Francisco,CA 94105 X5 PDX,LLC All Phase Utility Corp. Attn:Barbara Meyer,Controller Attn:Ronald O.Watkins 1520 4th Avenue,Suite 500 PO Box 3620 Seattle,WA 98101 Wilsonville,OR 97070 AT&T Attn:Theresa Pisciotti Zone Telecom,Inc. One AT&T Way,Rm.3A118A 3 Executive Campus,Suite 520 Bedminster,NJ 07921 Cherry Hill,NJ 08002 Comcast IP Phone II,LLC Comtel Telecom Assets,LP do Tax Partners LLC do Tax Partners,LLC 3100 Cumberland Blvd.,Suite 900 3100 Cumberland Blvd.,Suite 900 Atlanta,GA 30339 Atlanta,GA 30339 New Edge Network,Inc. Global Crossing Telecommunications c/o Tax Partners,LLC c/o Tax Partners,LLC 3100 Cumberland Blvd.,Suite 900 3100 Cumberland Blvd:,Suite 900 Atlanta,GA 30339 Atlanta,GA 30339 Broadwing Communications,LLC First Communications,LLC c/o Tax Partners,LLC c/o Sales Tax Associates,Inc. 3100 Cumberland Blvd.,Suite 900 7010 Hwy.71 W,Suite 340-201 Atlanta,GA 30339 Austin,TX 78735 DO NOT USE THIS FRANCHISE LIST UNTIL UPDATED!! THIS IS NOT A CURRENT LIST OF FRANCHISE CONTACTS(SECTION 2). USE THE PRINT ANNEXATION LABELS METHOD IN ACCESS FRANCHISE DATABASE! [LIST OF FRANCHISES] I:\curpin\setup\labels\annexation_utilities and franchises.doc (pg.2 of 2) UPDATED: 31-Mar-09 • .. (11... • U.S. Postal Servicerm CERTIFIED MAILTM RECEIPT =- (Domestic Attn: Patty/Planning . - - Provided) r- For delivery I"- Re: ZCA2008-00005 sps.como c1:1 Montage Townhomes • ilt I "Notice of Annexation" J S E ,...., 43 Postage $ 1 .17 m Certified Fee 2.70 ,•-•1 Postrn 4 CI Retum Receipt Fee ci (Endorsement Required) 2 20' •Here 1.. 4- ct . kr, Restricted Delivery Fee (Endorsement Required) 1=3 ra co Total Postage 6 Fees $ 6 07 ru , •- Sent To ED . All Phase Utility Corp. C:1 Wig:AR:NG:7""" Attn:Ronald 0.Watkins 0 r- or PO Box No. City,State,ZIP+.4 , PO Box 3620 Wilsonville,OR 97070 PS Form 3800,August 2006 ., Set,Reverse for Instructions ' 'teleoi 4///114/11° :7)7b • I ► I TM DITY OF TIGARD , DURRENT PLANNING III 1111 11111111 I 1 1111 ..• 3125 SW HALL BLVD. 'IGARD, OR 97223-8189 • 7008 2810 0001 3831 8774 _ hf / nMe / . - �/' _...if , 7 6(041. RE EIVED PLAN �ING 0. APR 0 6 2009 4.; , CITY OF TIGARD ,-,..._, , All Phase Utili. L'. 7•q/f*'� Attn:.Ronald O. 4 J, A.D....L.__ 1 rJ r, O Box-3620 7;7.tft 1 14onville,OR 9 !01 s,e, C/_n SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery I • Attach this card to the back of the mailpiece, , or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 1 ..,0,c*"■ ' , 1,g..S‘ 1". All Phase Utility Corp. .0 ' Attn:Ronald O.Watkins 3. Service Type PO Box 3620 BSI Certified Mail ❑Express Mail �~' '\ Wilsonville,OR 97070 0 Registered ❑Return Receipt for Merchandise — ❑ Insured Mail ❑C.O.D. L 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 11\1111111'11111111\1"11111\1\1111111'11111111111111'11' (Transfer from service labeq [ 7008 2810 0001 3831 8774 . PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 _ I � • • U.S. Postal ServiceTM . 03 CERTIFIED MAILTM RECEIPT (Domestic "Attu Patty/Planning Provided) N For delivery i Re: ZCA2008-00005 • Montage Townhomes Ps.com® 0 [F _ "Notice of Annexation" E Postage $ ! 1 .17 ° Certified Fee . ° •70 Postmark ° Return Receipt Fee i ° (Endorsement Required) ! Here Restricted Delivery Fee 2'20 ° (Endorsement Required) J O m ra Total Postage&Fees $ 0.07 Sent o ' ° AT&T ° otreet,Apt.No.; M1 or PO Box No. Attn:Theresa Pisciotti City,ware,z�P+a One AT&T Way,Pun. 3A118A Bedminster,NJ 07921 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature I item 4 if Restricted Delivery is desired. • X / ❑Agent • Print your name and address on the reverse _Al ∎ ❑Addressee so that we can return the card to you. B. Received by Punted i Name) C. Date of Delivery 1( • Attach this card to the back of the mailpiece, [/ or on the front if space permits. - 'J , D. Is delive 1-ddress different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No . AT&T Attn:Theresa Pisciotti ! One AT&T Way,Rm. 3A118A 3. rSbfeCert Type � Bedminster;NJ 07921 Alf Certified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted'Delivery?(Extra Fee) ❑YeS 1 2. Article Number 7008 1300 0000 4 ■76 7498 • (Transfer from service label) 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-t54o4 • • U.S. Postal Service,. r„ CERTIFIED MAILTM RECEIPT co (Domestic • Ann: any '..• • " - --" Provided) P- For delivery Re: ZCA2008-00005 sps.coma Montage Townhomes p "Notice of Annexation" Postage $ 1 :17 - 0 Certified Fee I 2.70 jr ,Postmark • • Op Return Receipt Fee .2^0 Here 0 2(Endorsement Required) Restricted Delivery Fee 0 (Endorsement Required) �e 0 r-q Total Postage&Fees $ 16 07 03 Sent To • o Bio-Med of Oregon Medical Waste Street,Apt.No.; N or PO Box No. PO Box 1 City,State,ZIP+4 1, Corvallis,OR 97339 PS Form 3800.August 2006 See Reverse for nstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature � I item 4 if Restricted Delivery is desired.. X • f�Agent • Print your name and address on the reverse . ,. ❑Addressee , so that we can return the card to you. `- • Attach this card to the back of the mailpiece, B. Received .y Printed Name) C. Date of Delivery or on the front if space permits. �� APR - 6 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Bio-Med of Oregon Medical Waste PO Box 1 3. Service Type Corvallis,OR 97339 XCertified Mall ❑Express Mail - ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes E2. Article Number ' (Transfer 7008 1300 0000 4676 7382 Transfer from service label) PS Form 3811,February'2004 Domestic Return Receipt 102595-02---1540 • • • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT m (▪ Domestic Ma" a- - • ovided) Attn: Patty/Planning i P- For delivery inf.Re: ZCA2008-00005 -.comet Montage Townhomes 0 F "Notice of Annexation". _ —D Postage $ 1 .17 O Certified Fee ?�� ° 2.7 0' `�`Postmark p Return Receipt Fee I Here O (Endorsement Required) Restricted Delivery Fee 2.2 0 0 (Endorsement Required) ,m-1 Total Postage&Fees co Sent o 6.07, In ' Broadwing Communications,LLC _ Street,Apt.No.; c/o Tax Partners,LLC or PO Box No. I 3100 Cumberland Blvd.,Suite 900 •---. City,State,ZIP+4 Atlanta,GA 30339 P F.r. :r r , . ftm ra:anv.a�..�=.,.,.,..-�,..,+ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . • Complete items 1,2,and 3.Also complete A. Signatu . ' rv. F �� item 4 if Restricted Delivery is desired. ■ •.-nt 1. ? • Print your name and address on the reverse X IA. ; ► 0 ❑ -ssee 1 so that we can return the card to you. • Attach this card to the back of the mailpiece, B. Received by(Printed`ame�(pR— •,-1'4 121 livery \\ 1 or on the front if space permits. 1 D. Is delivery address different : item 1? u�5' ; 1. Article Addressed to: c�_ If YES,enter delivery addre '�'&�PVIA t;' o f Broadwing Communications,LLC c/o Tax Partners,LLC 3100 Cumberland Blvd.,Suite 900 3. Service Type Atlanta,GA 30339 ci(Certified Mail ❑Express Mail - -- - - ❑Registered ❑Return Receipt for Merchandise rt ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes j 1 2. Article Number — _ _ _ __ i, (transfer from service Iabe!) I 7008 13 0 0 0000:- 4 6 7 6 7436 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 � • U.S. Postal Service., CERTIFIED MAILTM RECEIPT (Domestic • Provided) co co ( Attn: Patty/ amm�g P- For delivery Re: ZCA2008-00005 sps.como Montage Townhomes -p L "Notice of Annexation" J S E Postage $ 1 .17 Certified Fee 2.70 Postmark p Return Receipt Fee Here, 2.20 O (Endorsement Required) <; Restricted Delivery Fee I ,'� •' O (Endorsement Required) t� Total Postage&Fees $ 6.07 03 Sent To CLEAN WATER SERVICES CI - 61,ApE AY - DEVELOPMENT SERVICES DEPT. • or PO Box No. DAVID SCI-IWEITZER/SWM PROGRAM City,State,Z1P+4 2550 SW HILLSBORO HIGHWAY HILLSBORO,OR 97123 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X/ "Agent II Print your name and address on the reverse ❑Addressee I so that we can return the card to you. Received by(Printed Name) C. Date of Delivery l • Attach this card to the back of the mailpiece, or on the front if space permits. ;-0 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No I (LEAN WATER SERVICES DE VELOPMENF SERVICES DEPT. DAVID SCI-IWEITLER/SW11 PROGRAM 2550 SW HILLSBORO HIGHWAY 3. Service Type HILLSBORO,OR 97123 IX Certified Mail ❑Express Mail - ❑Registered ❑Return Receipt for Merchandise I ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ( — F (Transfer from service label) I 7008 1300 0000 4676 7184 j PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o I )14 • U.S. Postal Service,,, CERTIFIED MAILIM RECEIPT N (Domestic Ma'Ann: Patty/Planning ovided) N For delivery int. Re: ZCA2008-00005 ..come c0 Montage Townhomes 0 F "Notice of Annexation" m Postage $ I 1 .1 7 Certified Fee `• 2.70 Po ilk . v':. O Return Receipt Fee i O (Endorsement Required) HO;t\ 8 fi=I 2.20 ? �bt� v Restricted Delivery,Fee i qt\�1 1::1 (Endorsement Required) L r-a f Total Postage&Fees $ 1 �±.07 Sent To o / m ' COMCAST ____ io Street,Apt.7vo.; Marita Ghobrial—Comcast orPOeoxNo. 9605 SW Nimbus Avenue ---- N City,State,ZIP+4 Beaverton,OR 97008 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign- .,_ '-""""-- """`", •"''"`-^ .� item 4 if Restricted Delivery is desired. r• ': -L ..-- , 4A'_ `- � . 1 ■ Print your name ar tl adc 'ers�op tlh@:Fevetse -i.t4. "X >/; , �. ."",'r. •,.rt t: `,.e so that we can return the card to you. ^k B. Re ed by(Pniited;N,. pe)` i ate ot QeFivery I • Attach this card to the back of the mailpiece, ,,, i or on the front if space permits. �- 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No 4 1 COMCAST Morita Ghobrial—Comcast 9605 SW Nimbus Avenue 3• Service Type Beaverton,OR-97008 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number - — - I (Transfer from service Iabe° I 7 0 $ 281-0-0001 3$31 8767 PS Form 3811,February 2004 Domestic Return Receipt 1o2595-o2-M-154o •� � • U.S. Postal Service,. o CERTIFIED MAILTM RECEIPT –0 (Domestic • • •- - • - -- ---- - ---- - Provided) 'ra Attu: Patty/Planning P- For delivery'Re: ZCA2008-00005 -ps.como 9 Montage Townhomes "Notice of Annexation" Postage $ '1 .17 ' a Certified Fee ' 1= 2.70 Postmark D Return Receipt Fee r,Here m (Endorsement Required) .20 ' - • –:. ' 2 i 2 20 --I Restricted Delivery.Fee -- CI (Endorsement Required) O m r•R Total Postage&Fees $ i• 07 ' I c Sent To CI Street,Apt.No.; CI COMCAST CABLE CORPORATION P- or PO Box No. ALEX S I LANTI E V City,State,ZIP+4 9605 SW NIMBUS AVENUE,BLDG.12 BEAVERTON OR 97008 PS Form 3800.Augus r r. ee-everse or Instructions I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat L 1 item 4 if Restricted Delivery is desired. X s'% ��GC� ,/ ❑Agent i • Print your name and address on the reverse ❑Addressee 1 so that we can return the card to you. B. Received y(Ptf fed Name) desee • Attach this card to the back of the mailpiece, �{� or on the front if space permits. D. Is delivery address different from item 1? ❑Yes , 1. Article Addressed to: If YES,enter delivery address below: ❑ No l I COMCAST CABLE CORPORATION I ALEX SILANTI E V 9605 SW NIMBUS AVENUE,BLDG. 12 3. Service Type i ' BEAVERTON OR 97008 Certified Mail ❑Express Mail 1 ❑Registered ❑Return Receipt for Merchandise I i ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number r — (Transfer from service label) , 7008 1300 0000 4676 7160 ■ PS Form 3811,February 2004 Domestic Return Receipt :1 0595-o2-M_154o • • . U.S. Postal Service TM • N CERTIFIED MAILTM RECEIPT tom- (Domestic Mai •. • . • s .. - . - ..- •rovided) 'r-R Attn: Patty/Planning N For delivery inf Re: ZCA2008-00005 "comet �p F Montage Townhomes N "Notice of Annexation"_-_ ___ ...0 Postage $ 1 .17 : p Certified Fee -2.70 • Postmark p L p Return Receipt Fee p (Endorsement Required) X2.20 %,'Here-Restricted Delivery Fee mJ!., . p (Endorsement Required) .l t--n p z :_ //l ,-R Total Postage&Fees $ 6.0 7 �,___ '°` c0 Sent o ,CJ - �`C'..9 r= CI COMCAST CABLE CORPORATION N or Box N. GERALD BACKHAUS or PO Box No. City,State,ZIP+4 14200 SW BRIGADOON COURT BEAVERTON OR 97005 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X • „li/I Agent • Pn int your name and address on the reverse N- ❑Addressee I so that we can return the card to you. ed by(Printed Name) C. Date of Delivery t ' • Attach this card to the back of the mailpiece, f _ (/ or on the front if space permits. _ D. Is delivery address different from item 1? ❑Yes ' 1. Article Addressed to: If YES,enter delivery address below: 7 No COMCAST CABLE CORPORATION ' v GERALD BACKHAUS .14200 SW BRIGADOON COURT 3. Service Type I BEAVERTON OR 97005 14 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes I. 2. Article Number I 7008 1300 0000 4676 7177 (Transfer from service label PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 1 •• •C • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT ff`- (Domesti Attn: Patty/Planning •ge Provided) Re: ZCA2008-00005 r- For delive .usps.comm Montage Townhomes ((�' "Notice of Annexation" l� `n Postage $ , 1 .17, O Certified Fee O 2.70 Postmark �P p Return Receipt Fee Her �' I= (Endorsement Required) 2.20 Restricted Delivery Fee l O (Endorsement Required) rrl q Total Postage&Fees 6.07, - Ea Sent To Comcast IP Phone II,LLC Brreer,Apt.No.; c/o Tax Partners LLC • r" or PO Box No. City,State,ZIP+4 3100 Cumberland Blvd.,Suite 900 Atlanta,GA 30339 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. $ignat CARRI item 4 if Restricted Delivery is desired. ERF�o Agent • Print your name and address on the reverse X G � l ddressee • so that we can return the card to you. B. Received by(Printed�Name) Delivery • Attach this card to the back of the mailpiece, I"I APR-6 11 or on the front if space permits. 1 1 1. Article Addressed to: D. Is delivery address dif`fe= t from item 1? es If YES,enter delivery ad ess below: ,% No s�rLAi�SPG,' • Comcast IP Pitotic II,LLC c/o Tax Pant LLC 3100 Cumberland Blvd.,Suite 900 3. Service Type Atlanta,GA 30339 Certified Mail ❑Express Mail ❑Registered ❑ Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 1300 0000 4676 7474 I (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540:� • • • U.S. Postal Servicen., N CERTIFIED MAILTM RECEIPT (Domestic Ann: Patty/Planning Provided) Re: ZCA2008-00005 r- For delivery i ps.come Montage Townhomes .� . -"Notice of Annexation" N - - .11 - �- Postage $ Certified Fee 1 .17 �.% ,. �.I,. ° 2.70 Postmark ,'' tJ O Return Receipt Fee Here 1, ,1 C7 (Endorsement Required) 2.2 0 O Restricted Delivery Fee Q (Endorsement Required) - . rn rr.1 Total Postage&Fees $ ra Sent To 6.07 Cil NStreet Apt.No.; Comtel Telecom Assets,LP or PO Box do Tax Partners,LLC City State,ZIP+4 3100 Cumberland Blvd.,Suite 900 PS Form 3800.August ,Atlanta.GA 30339 . _ ,,,s ■ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature �� • • , i item 4 if Restricted Delivery is desired. \...- 7 ' ,gent • Print your name and address on the reverse X�� //►_1►__ e ddressee so that we can return the card to you. B. Received b Prin ed Name 1a Delive • Attach this card to the back of the mailpiece, y( '"1 NP"—6 `t ry or on the front if space permits. • D. is delivery address different from item 1? ii es 1. Article Addressed to: If YES,enter delivery ad�di ss•be= P��4 No 4TLA 6 , Comtel Telecom Assets,LP c/o Tax Partners,LLC 3. Service Type 3100 Cumberland Blvd.,Suite 900 Certified Mail 0 Express Mail . ■ Atlanta.GA 30339 0 Registered 0 Return Receipt for Merchandise • 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 2. Article Number 7008 1300 0000 4676 7467 1 _____ '' (Transfer from service label) , PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-1540 • • U.S. Postal ServiceTu o CERTIFIED MAILTM RECEIPT • f-i (Domestic - •rovided ■ m Attn: Patty/Planning ) 1'`- For delivery i Re: ZCA2008-00005 ps.come ..n Montage Townhomes N �� IF "Notice of Annexation" . Postage $ , 1 .17. C3 Certified Fee 2.7 0 I= Postmark f� Return Receipt Fee i 2.20 Here p (Endorsement Required) Restricted Delivery Fee 1 *A. d (Endorsement Required) :i __ t 1= _f r` . rq Total Postage&Fees $ 16.07 - 43 Sent To N'",0�ads, En 5`treet Apt.No.; Cypress Communication s ""�J"�f N or PO Box No. c/o Tax Partners LLC City,State,ZIP+4 3100 Cumberland Blvd,Ste 900 Atlanta,GA 30339 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ,,c)CARRIff?t ❑Agent • Print your name and address on the reverse i -r .r�� ' .0%° Addressee J so that we can return the card to you. B. Received by(Pri rt.dd,Name) C.mate.f Delivery i • Attach this card to the back of the mailpiece, I or on the front if space permits. .6 (09 1 D. Is delivery add- -di -rent from item 1? • es 1 1. Article Addressed to: If YES,enter deliv-. -9• ess below: �, . No 1 • A11ANtp►�p I (7 I Cypress Conununicati0n:._ c/o Tax Partners LLC 3. Service Type J 3100 Cumberland Blvd,Ste 900 $Certified Mail ❑Express Mail Atlanta,GA 30339 ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. I. 4. Restricted Delivery?(Extra Fee) ❑Yes I __ I 2. Article Number . l (Transfer from service babe° 1 7008 1300 0000 467.6: 7320 iI PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 r • • • U.S. Postal Service.M ,,, CERTIFIED MAILTM RECEIPT r■- (Domestic Attn: Patty/ aiming • Provided) m I'•- For delivery Re: ZCA2008-00005 sps.com® Montage Townhomes ...0 0 I. "Notice of Annexation" _ _ _ "0 Postage $ 1 .17 \ O Certified Fee / 2.70 ,Postmar>< ,� ° Return Receipt Fee vr=4Here' (Endorsement Required) I , ° 2.20 ��_��-" r o- ' Restricted Delivery Fee �y O (Endorsement Required) .\ O M Total Postage&Fees $ 16.07, — co Sent To ° Electric Lightwave, LLC ___ Smear,Apt.No.; Attn:Darnel Norfleet or PO Box No. City,State,ZIP+4 1 1201 NE Lloyd Blvd.,Suite 500 Portland,OR 97232-1259 PS Form 3800.August ..• See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . ' • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ;/ ❑Agent • Print your name and address on the reverse X/�.�..'_!�'O�i ❑Addressee ■ so that we can return the card to you. B. Re eive• "(Punted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, rlr 4,_ or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ( ' Electric Lightwave, LLC Attn:Daniel Norfleet 1201 NE Lloyd Blvd.,Suite 500 3. Service Type ' Portland,OR 97232-1259 hi Certified Mail ❑Express Mail - ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I. 2. Article Number - -- (Transfer from service label 1 7008 1300 0000 4676 7375 • { PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 • U.S. Postal Servicerti, ` CERTIFIED MAIL, RECEIPT Q' (Domestic Ma• t1J Attn: Patty/Planning ovided) ED For delivery inf.Re: ZCA2008-00005 ..coma F Montage Townhomes 1-4 F ."N-.r;‘,. -f A nae n" m co Postage $ 1 1 .17 m / ._;t. Certified Fee 2.70 !'/ _ ✓R !� D Return Receipt Fee 4 . / �P~ostmark , O (Endorsement Required) I 2.20 Here O Restricted Delivery Fee , /y � (Endorsement Required) %' 0 ^" 43 Total Postage&Fees $ 16.07 tU Sent To CI S Communications,LLC o or Srreet,A 'pt.No.7vo.; c/o Sales Tax Associates,Inc. N PO Box City,State,ZIP+4 7010 Hwy.71 W,Suite 340-201 Austin,TX 78735 PS Form 3800,August 2006 See Reverse for Instructions. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. '•n.ture item 4 if Restricted Delivery is desired. X � � i .f t Agent • Print your name and address on the reverse AL.�,LL_v,�y� ❑Addressee 1 so that we can return the card to you. -eceived b (print •t a •at= •f D • Attach this card to the back of the mailpiece, A �, �- �II. 1 or on the front if space permits. I D. Is delivery add=-t ifferent from 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address be• : ❑ No I I First Communications,LLC I c/o Sales Tax Associates,Inc. t } 7010 Hwy.71 W,Suite 340-201 3. Service Type 1 Austin,TX 78735 X Certified Mail ❑Express Mail I ❑Registered ❑Retum Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number ( 7008 2810 0001 3831 8729 1 (Transfer from service label) l PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I i • • • U.S. Postal ServicelM m CERTIFIED MAIL-. RECEIPT (Domestic Mail Ann: Pa[ry/Planning 'Vided) N For delivery infor Re: ZCA2008-00005 om® ( Montage Townhomes _ m "No[icaof AQ eion" � E _a Postage $ ' 1 .17 CJ Certified Fee \� 2.70 % O Return Receipt Fee P'ark ' c3 (Endorsement Required) . L220 Here, L ,1 Restricted Delivery Fee • O 1-▪1 (Endorsement Required) rq Total Postage&Fees $ 6.07 s▪ er,r To O Global Crossing Telecommunications I Street,Apt.No.; do Tax Partners,LLC r` o.PO Box No. 3100 Cumberland Blvd.,Suite 900 j City,State,ZIP+4 ; Atlanta,GA 30339 J PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature _ -- . ; item 4 if Restricted Delivery is desired. / .�*0 WO 'gent 1 • Print your name and address on the reverse X �L��tc>ar-``)b�''ressee I so that we can return the card to you. B. Received by(Printed ilV_ame) C.^Date''-livery • Attach this card to the back of the mailpiece, {-'( .PR_' Ltf09 or on the front if space permits. D. Is delivery address differrentrom item 1? ❑ es/ 1. Article Addressed to: If YES,enter delivery addres� i below: n N o r�A1A�P Global Crossing Telecommunications • c/o Tax Partners,LLC 3100 Cumberland Blvd.,Suite 900 3. Service Type lAtlanta,GA 30339 OQ Certified Mail ❑Express Mail - - - - ❑ Registered ❑Return Receipt for Merchandise ' l ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes--2. Article Number 7008 1300 0000 4676 7443 1 (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ) • III U.S. Postal Service,. . CERTIFIED MAILTM RECEIPT m (Domestic Attn: Patty/Planning Provided) Re: ZCA2008-00005 .ps.comn N For delivery i . Montage Townhomes "Notice of Annexation" r R n — ••_ Postage $ I 1 .17, rci m Certified Fee I 2.70 P- Postmark O Return Receipt Fee Here , p (Endorsement Required) 2.20 n 't, Restricted Delivery,Fee f "� (Endorsement Required) CI C 5.,,;J rg 6 co Total Postage&Fees $ 6.07 • Sent 1-0 CD IDT Cor-Doratron °o Street,Apt.No.; c/o Tax Partners LLC rs- or PO Box No. : 3100 Cumberland Blvd,Ste 900 .,., City,State,ZIP+4 , Atlanta,GA 30339 f`S Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ��p CARRi-�jpc4.,-nt � • Print your name and address on the reverse `� ■ ,- so that we can return the card to you. ,-..:.:/ _ • Attach this card to the back of the mailpiece, B. Received by(Punted Name) ,D )111 very IJ or on the front if space permits. SPA LNU�O�� 1. Article Addressed to: D. Is delivery address different from item 1? •. If YES,enter delivery address bolo.-• iti 471,A 4TAG, ( IDT Corporation c/o Tax Partners LLC 3. Service Type 3100 Cumberland Blvd,Ste 900 Certified Mail ❑Express Mail Atlanta,GA 30339 ❑ Registered ❑ Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article rfrom ( 1 7008 2810 0001 3831 8743 Transfer from service labeQ i PS Form 3811,February 2004 Domestic Retum Receipt 102595-o2-M-154o , 1 . 0 U.S. Postal Services., CERTIFIED MAILTh, RECEIPT ru (Domestic Ann: Patty/Planning Provided) '"R Re: ZCA2008-00005 N For delivery i P s.comv Montage Townhomes "Notice of Annexation" ,-a e _ _ _ .. Postage $ •1 .17 . Y m Certified Fee ! 2.70 = `�� ,� t, Pottmarken p Return Receipt Fee ° Here 0 (Endorsement Required) 12.2 0 {' P �' . 1 Restricted Delivery Fee �,//J/6� CI (Endorsement Required) , . //pi caTotal Postage&Fees $ 16 07 Ill — co Sent To Integra Telecom oStreet,Apt.?o.; Attn:Tax Division or PO Box No. N c/q were,ZIP+4 1201 NE.Lloyd Blvd.,Suite 600 Portland,OR 97232 is Form 3800,August 006 See Reverse for Instructions ■ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . • Complete items 1,2,and 3.Also complete A. Signetu,- I item 4 if Restricted Delivery is desired. ❑Agent o Print your name and address on the reverse X �� ,,,mar ❑Addressee so that we can return the card to you. B. Rec- ed■ (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. -14L • Le D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ti (Do Integra Telecom ' Attn:Tax Division )� 1201 NE Lloy=�d Blvd.,Suite 3. Service Certified Mail Yu X Certified Mail ❑Express Mail Portland,OR 97232 1 ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7008 2 810 0001 3 8 31 8712 (Transfer from service labe0 PS Form 3811,February 2004 Domestic Return Receipt' 102595-02-IN:1540 III • U.S. Postal Service. m CERTIFIED MAILIM RECEIPT co (Domestic Mai Attn: Patty%Planning - ovided) rU N For delivery info Re: ZCA2008-00005 .come .A Montage Townhomes "Notice of Annexation" = Postage $ ; 1 .17 °O Certified Fee 0 ark ° Return Receipt Fee ° (Endorsement Required) ' 2.20 e Restricted Delivery Fee x' ° (Endorsement Required) ' ° rRR Total Postage&Fees $ i 6.07 co Sent To V ° 1 Level ° Street Apt.No.; N or PO Box No. Attn: Russell Richardson City State,ZIP+4 1025 Eldorad Blvd. •--•-- Broomfield,CO 80021 P F•r :1 1 A • t i ,.-m.ii•vi.hgt•aohmaatopligilli t • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT C3 (Domestic M." •ttn: any • g •rovided) rrl Re: ZCA2008-00005 f`- For delivery inf s.comm Montage Townhomes Annexation"J3 } "Notice of Ann N Postage $ 1 .17 Certified Fee l r', CI ' 2.70 II, "Postmark C (Endorsement Return Receipt Fee 20 qny��cHe Endorsement Required) Restricted Delivery Fee ( , t7 (Endorsement Required) •1 O � ;\ • r'rl Total Postage&Fees $ 1 6,07 r- i Sent To O , MCI Worldcom Street,Apt.No.; ' OSP National Support/Investigations N or PO Box No. 2400 N.Glenville Drive City,State,ZIP+4 Dept.42864 Loc 107 ' Richardson TX 75082-4354 uctions PS Form 3800.Augus 9.• - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu - t item 4 if Restricted Delivery is desired. X � l ❑Agent • Print your name and address on the reverse it ❑Addressee I so that we can return the card to you. B. Received by(Prince• ame) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No . I MCI Worldcom OSP National Support/Investigations l 2400 N.Glenville Drive Dept.42864 Loc 107 3. Service Type It-Richardson,TX 75082-4354 Certified Mail ❑Express Mail (� ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. • 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article Number (Transfer from service label) 7008 1300 D0�0 4676 7306 f j PS Form 3811,February 2004 Domestic Return Receipt • 102595-02-M-1540; l iI • • • U.S. Postal ServiceTM 1..n CERTIFIED MAIL. RECEIPT . i a (Domestic Ma'Attu: Patty/Planning • ovided) P- For delivery inf.Re: ZCA2008-00005 _.coma Montage Townhomes N "Notice of Annexation" E `- Postage $ 1 .17 Certified Fee .70 . �.r.=,Posi'mark:, p Return Receipt Fee 4 Here � (Endorsement Required) .20 ,;,,'1? �, Restricted Delivery Fee f O (Endorsement Required) O Pi 8dY rq Total Postage&Fees $ • U • .07 - c0 (-8 /-It o — "' GI f, METRO AREA COMMUNICATIONS I O Street,Apt.No.; i DEBRA PALMER I N or PO Box No. TWIN OAKS TECH CENTER I City,State,ZIP+4 I 1815 NW 169Th PL,S-6020 BEAVERTON OR 97006-4886 1 k PS Form 3800.Au.. ___ -- - - . ns ructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete ffir (' item 4 if Restricted Delivery is desired. 'J[ ❑A.-nt • • Print your name and address on the reverse \ ►: Addressee so that we can return the Card to you. B. Received by(Printed Name) C. Date of Delivery (9 or on the front if space permits. D. Is delivery address different from item 1 Yes 1. Article Addressed to: If YES,enter delivery address below: o — I METRO AREA COMMUNICATIONS DEBRA PALMER TWIN OAKS TECI-L CEN 1ER 1815 NW 169Th PL,S-6020 3. Service Type BEAVERTON OR 97006-4886 Certified Mail ❑Express Mail \- - - - — - - ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑YP3 2. Article Number (Transfer from service label) 7008 13 0 0 0000 4 6 7 6 7115 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15401 . '° 1 II G U.S. Postal Service,. CERTIFIED MAILTM RECEIPT `a r- -e Provided) - (Domesti. Attn: Patty/Planning f1J For delive N Re: ZCA2008-00005 usps.comm Montage Townhomes ,a ! • "Notice of Annexation" J r, ...0 Postage $ 1 .17 S c. O Certified Fee 2.70 ',,' .S-"'\ C) ')/ Psstmark°•c O Return Receipt Fee 2.20 / ��Here (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) aTotal Postage&Fees $ 6.0'7 j sent To o Metro Media Fiber Network o Street,Apt.No.; Ann: Dennis Codlin N or Po Box No. 360 Hamilton Avenue City,State,ZIP+4 White Plains,NY 10601 PS Form 3800,August 2006 See Reverse for Instructions ,, k j,_,t.644-ne -17)/(//d---) r DITY OF TIGARD III CURRENT PLANNING 13125 SW HALL BLVD. IIGARD, OR 97223-8189 . 7008 1300. 0000 4676 7276 'Mt fills y""' -;y �1 i RECEIVED 4'� A. VED PLANNING ' � APR 1 0 id 2009 CITY OF TIGARD Metro .er Network Attn. . Codlin , 3.• atton Avenue lairs,NY 10601 (. ) ;I I •SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �1 • 1•A SS\ 5:' - -.Metro Me • Network t∎ \ . - V\C 1 .dlin — : �i` e ' !.3 Attn: D. 360 .n Avenue 3. Service Type a .' ,NY 10601 )1i Certified Mall ❑ Express Mail~ ❑Registered ❑ Retum Receipt for Merchandise / ❑Insured Mail ❑C.O.D. 4. Restricted Deliver)?(Extra Fee) ❑Yes �✓ _- - ' / icle Number - - —-- -- --- i i (Iransferfrom service labeO I 7008 1300 0000 4676 7276 r_ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 - - - . • • • U.S. Postal Service,. r,i CERTIFIED MAIL., RECEIPT 1-9 (Domestic M. Attn: Patty/Planning 'rovided) m Re: ZCA2008-00005 s.como {N For delivery inf 0 F Montage Townhomes .D _._ 'Notice of Annexation" Postage $ ! 1 .17 C3 Certified Fee 2.70 Postmark Return Receipt Fee Here (Endorsement Required) 2.20, A Restricted Delivery Fee 1 r"�° 0 (Endorsement Required) 0 rn Total Postage&Fees $ 6.07 l Sent To —street,Apt.No.; Metropolitan Fiber Systems (MFS) N or PO Box No. 2400 N Glenville Dr. City,State,ZIP+4 Richardson,TX 75082 PS Form 3800.August 2006 - •- - uctions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat I ; item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X - _ ❑Addressee so that we can return the card to you. B. Received by(Print-;�ame) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Metropolitan Fiber Systems (MFS) 2400 N Glenville Dr. Richardson,TX 75082 3. Service Type Certified Mail ❑Express Mail i ❑ Registered ❑ Return Receipt for Merchandise' ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) I 7008 1300 0000 4676 7313 . PS Form 3811,February 2004 Domestic Return Receipt io2595-02-ai=r54u,r • • U.S. Postal Service TM Er CERTIFIED MAILTM RECEIPT n- (Domestic M. Attn: Patty/Planning 'rovided) M Re: ZCA2008-00005 r- For delivery in i ,s.come Montage Townhomes -.0 F, "Notice of Annexation" E r- -13 Posta e $ 1 1 7 ^`--- O Certified Fee •70 / L CI CI Return Receipt Fee -++ stmar %)9 O (Endorsement Required) .20 ,AI s' Restricted Delivery Fee CY,yy' I-, (Endorsement Required) O m r.q Total Postage&Fees • .O Sent To {— � , o , Miller's Sanitary Service oStreet,Apt.No.; 1 Attn: Dean Kampfer or PO Box No. 7227 NE 55th Avenue City,State,ZIP+4 ; Portland,OR 97218 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat - ." I item 4 if Restricted Delivery is desired. / ❑Agent t • Print your name and address on the reverse X �1 ,i/ 0 Addressee so that we can return the card to you. il ed by(Printed Name) , r l`' �(,F C,pat.of Delivery I • Attach this card to the back of the mailpiece, a or on the front if space permits. % 1 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ( I i —_ I I; Miller's Sanitary Service I I i Attn: Dean Kampfer I 3. Service Type ,. 7227 NE 55th Avenue P'Certified Mail ❑Express Mail f Portland,OR 97218 ❑Registered ❑Retum Receipt for Merchandise I ❑Insured Mail . ❑C.O.D. ' I 4. Restricted Delivery?.(Extra-Fee) • %El Yes I . 2. Article Number I ( (Transfer from service►abeq I 7008 1300 0000 46-76 73.99 •t.-.� r I I r ' 1 PS Form 3811,February 2004 Domestic Return Receipt t02ss5 02-M-1540 • • . . U.S. Postal ServiceTM o CERTIFIED MAILTM RECEIPT,rovided) (Domestic M. Attn: Patty/Planning lti For delivery inf.Re: ZCA2008-00005 Montage Townhomes —CI j "Notice of Annexation" n- `l Postage $ ! 1 .17 in Certified Fee t '. 2.70 � oetmark p Return Receipt Fee Here ti (Endorsement Required) 2,20 q Restricted Delivery,Fee � �� (Endorsement Required) ' q ,...q,...q a Total Postage&Fees $ 16.07 ' 1 k ` 43 Sent To O •---.. D Street,Apt.No.; New Edge Network,Inc. �` or PO Box No. do Tax Partners,LLC °-°' City,State,ZIP+4 3100 Cumberland Blvd.,Suite 900 PS Form 3800,Augus At . t G' 30 9 _ ons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat �Np item 4 if Restricted Delivery is desired. 0�� "`'J'-' ' • Print your name and address on the reverse `lr ❑A.. e so that we can return the card to you. B. Received by(Printed Name) (Apf. gate of we■ ' • Attach this card to the back of the mailpiece, i` v cw51 or on the front if space permits. D. Is delivery address different frgtn�'em 1? ❑Yes 1. Article Addressed to: If YES,enter delivery addre Nom' NTAGO i 1 j N ._ i New Network,Inc.lt I c/o Tax Partners,LLC 3. Service Type 3100 Cumberland Blvd.,Suite 900 IRI Mail 0 Express Mail Atlanta,GA 30339 ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ! (Transfer from service laben 1 7008 13 0 0 0000 4 6 7 6 7450 ; j PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154o: r ! • • • U.S. Postal Servicem, CERTIFIED MAILTM RECEIPT (Domestic Ma Attn: Patty/Planning ' ovided) fr1 Re: ZCA2008-00005 -,coma f•- For delivery inf. Montage Townhomes s E •� F "Notice of Annexation" Postage $ 1 .17' Certified Fee ,I L^•70 ci Postmark-. • Return Receipt Fee 'Here in (Endorsement Required) i 2.20 Restricted Delivery,Fee (Endorsement Required) p `t rn Total Postage&Fees $ 6•07 r0 Sent To Northwest Natural Gas p Street,Apt.No.; Customer Billing Services N or PO Box No. Attn: Annexation Coordinator City,State,ZIP+. 220 NW 2nd Avenue Portland,OR 97209 f PS Form 3800,August 2006 ee--•- - tructions it SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig ture- item 4 if Restricted Delivery is desired. X ji / nt • Print your name and address on the reverse t_.:g._. , ❑Addressee . so that we can return the card to you. B -eceiv.. by(Pn.ted Name) C. Date of Delivery 1 • Attach this card to the back of the mailpiece, (.GO or on the front if space permits. ' : < </ D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No tit f Northwest Natural Gas ' Customer Billing Services Attn: Annexation Coordinator 220 NW 2nd Avenue 3. Service Type \_ X Pon land..OR 97209 Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) , 7008 1300 0000 4676 7344 I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • • U.S. Postal ServiceTM 1.1J CERTIFIED MAILTM RECEIPT r-i (Domestic Attn: Patty/Planning Provided) r-R P- For delivery i Re: ZCA2008-00005 ps.comn Montage Townhomes -� "Notice ,..._of Annexation" . N =- Postage $ ;1. 17 O Certified Fee 2.70 postmark O D Return Receipt Fee ^.2 0 * Here D (Endorsement Required) L DRestricted Delivery Fee -- (Endorsement Required) r" D ' rm-1 Total Postage&Fees $ 6.0 7 — r0 Sent To D NORTHWEST NATURAL GAS D Street,Apt.No.; SCOTT PALMER,ENG.COORD. f`' or POeoxNo. 220 NW 2ND AVENUE i City,ware,ZIP+4 PORTLAND OR 97209-3991 PS Form 3800.August 2006 See Reverse for Instructions . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i • Complete items 1,2,and 3.Also complete A. Si. ture ' item 4 if Restricted Delivery is desired. I " ..>r' ent ry X �``��l✓►1 �� /,:..` ❑Addressee 1 r .■-Print your name and address on the reverse so that we can return the card to you. • • B..Recei by(P ted N e) • C. Date of Delivery • Attach this card to the back of the mailpiece, 'or on the front if space permits. a% 'L 1V-( D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ( 1 NORTHWEST NATURAL GAS I ! SCOTT PALMER,ENG.COORD. - 220 NW 2NT)AVENUE 3. Service Type i PORTLAND OR 97209-3991 XCertified Mail ❑Express Mail I _ ❑Registered ❑Return Receipt.for Merchandise 1 ❑ Insured Mail ❑'C.O.D.; 4. Restricted Delivery?(Extra Fee) ❑Yes i t 2. Article Number 7008 1300 ODDS 4676°'7122 (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-o2-M,5ar • • U.S. Postal Service.., CERTIFIED MAILTM RECEIPT m (Domestic Ann: Patty P arming Provided) N' For delivery i ZCA2008 00005 ps.como 'fl Montage Townhomes IF _ "Notice of Annexation" rn _ m mPostage 1 .17 • Certified Fee 2.70 (Postmark O Return Receipt Fee I= (Endorsement Required) 2.20 nr 5•r Here Restricted Delivery Fee O (Endorsement Required) r-R �t Total Postage&Fees $ I G 07 nJ CJ Sent To OnFiber Communications o Street,Apt.No.; N. or PO Box No. Attn:Jim Tipton City,State,ZIP4.4 700 W.Mineral ----• Littleton,CO 80120 PS Form 3800.August 106 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete erg"re /1 item 4 if Restricted Delivery is desired. ` ❑❑Agent • Print your name and address on the reverse Addressee so that we can return the card to you. fVceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No OnFiber Conununications Ault:Jim Tipton 3. Service Type , 700 W.Mineral �,t Littleton,CO 80120 Certified Mail ❑Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 2810 000.1;:3831. 8736 (Transfer from service laben •PS Form 3811,February 2004 Domestic Return Receipt ;1025902 M isao • 411 . _ . _. U.S. Postal ServiceTM IT' CERTIFIED MAIL. RECEIPT (..1 (Domesti ' - ' - •e Provided) IL Attn: Patty/Planning N For delive Re: ZCA2008-00005 usps.como .A Montage Townhomes J S E r- it . "Notice of Annexation"__ Postage $ 1 .17 ' O Certified Fee O Return Receipt Fee 2.70 , Postmark O (Endorsement Required) Here/) Restricted Delivery Fee 2.20 . D (Endorsement Required) I , , O rqTotal Postage&Fees $ • .07 1 — :% .O Sent 70 Street,Apt.No.; Portland General Electric N or PO Box No. Attn: Eleanor Hittner City,State,ZIP+4 ' 121 SW Salmon Street,1WTC0501 • Portland,OR 97204 PS Form 3800,Augus ... ee•everse or nstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig - / / I item 4 if Restricted Delivery is desired. Agent I ' • Print your name and address on the reverse CO �" ❑Addressee so that we can return the card to you. ted q.,Date of D ery i•• Attach this card to the back of the mailpiece, + `f_Z� � or on the front if space permits. / ��`, D. Is delivery address different from item 1? ❑Ye• 1. Article Addressed to: If YES,enter delivery address below: ❑ No • l - - i Portland General Electric I ' Attn: Eleanor Hittner 121 SW Salmon Street,1WTC0501 3. Service Type I lPortland,OR 97204 �I Certified Mail ❑Express Mail _ ❑Registered ❑Return Receipt for Merchandise j ❑Insured Mail ❑C.O.D. ■ 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7008 1300 0000 4676 7269 (Transfer from service/abe0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540� • • • U.S. Postal Servicem CERTIFIED MAILTM RECEIPT m (Domesti Attn: Ptty/Planning ge Provided) Re: ZCA2008-00005 E co 0 For delive usps.com® Montage Townhomes "Notice of Annexation" -u — - • mPostage $ •1 .17 m Certified Fee .70 I Postmark p Return Receipt Fee .A 1 0 H ere •, •'� in (Endorsement Required) O Restricted Delivery Fee Q �; (Endorsement Required) O — 43 Total Postage&Fees $ 6.0 7 rl -- - Sent To m PORTLAND GENERAL ELECTRIC ...... Street,Apt.No.; ; ATIN:MIKE HIEB N or PO Box No. 9480 SW BOECKMAN ROAD City,State,ZIP+4' WILSONVILLE OR 97070 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Pi item 4 if Restricted Delivery is desired. , /®'Agent • Print your name and address on the reverse ' ❑Addressee , so that we can return the card to you. -V- C.r C. Date of Delivery ' • Attach this card to the back of the mailpiece, or on the front if space permits. a D. Is delivery address different from ttem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No I'OR7LAND GENERAL ELECTRIC ATIN:MIKE FLIER 9480 SW B OE CKMAN ROAD 3. Service Type WILSONVILLE OR 97070 Ill1.Certded Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 1830 0004 3346 8843 (Transfer from service labe0 I PS Form 3811,February 2004 Domestic Retum Receipt 1o2595-o2-M-1540), • • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT Er (Domestic Attn: Patty P arming - - Provided) 43 For delivery i ZCA2008-00005 •ps.come c0 Montage Townhomes .A 0 I _"Notice of Annexation" s m Postage $ 1 .17 , m S Certified Fee .70 • l■YVt, O Return Receipt Fee 0 Postmark im (Endorsement Required) Hes Restricted Delivery Fee (Endorsement Required) GI M I . co Total Postage&Fees $ 6.0 7 r-R t� Sent To ' PORTLAND WESTERN R/R D O Street,Apt.No.; ' BRUCE CARSWELL or PO Box No. City,State,ZIP+4 1200 HOWARD DRIVE SE ALBANY OR 97322-3336 PS Form 3800,August 2006 See Reverse for Instructions r • ' - .-- -- SENDER: COMPLETE THIS SECTION COMPLETE THIS'SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Sig "° I ' item 4 if Restricted Delivery is desired. �� g ❑Agent • Print your name and address on the reverse ., a/409 ❑Addressee 1 ' so that.we can return the card to you. : Received by(- kited Name) C. Da.,of Delivery • Attach this card to the back of the mailpiece, / or on the front if space permits. _ ( . 4.— T 7 0 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No PORTLAND WESTERN R/R BRUCE CARSSWELL 1200 HOWARD DRIVE SE 3. Service Type � ALBANY OR 97322-3336 181 Certified Mail ❑Express Mail j - - ❑Registered ❑Return Receipt for Merchandise t ❑ Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑yes i 2. Article Number 7008 1830 0004 3346 8829 1 (Transfer from service labeq I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i, 0 410 U.S. Postal Service TM in CERTIFIED MAILTM RECEIPT o (Domestic M 'rovided) �� ( Attn: Patty/Planning 1-`-- For delivery inf ZCA2008-00005 .come Montage Townhomes e- a Notice of Annexation" n- .11 Postage $ 1 .17 Certified Fee 17 2.7 O Postmark a Return Receipt Fee NV 0 (Endorsement Required) 2.20 C`�6``�\e Restricted Delivery•Fee — .— , 4 0 (Endorsement Required) CI aril Total Postage&Fees $ I • .O7 • co Sent To to Pride Disposal 1:: Street,Apt.No.; Attn: Mike Leichner 1 rN or PO Box No. city,State,ZIP+4 s° ood,OR 97140 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig u item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse , ❑Addressee so that we can return the card to you. B. e ei e) C. Date of Delivery l • Attach this card to the back of the mailpiece, er v"t e or on the front if space permits. Is delivery ad,,....-.---417,,(1:6- •r item 1? ❑Yes 1. Article Addressed to: If YES,e. s"•�11= A S 4Q•w: ❑ No 1 iP leek I Pride Dispposal APR R 0 2 2009 Ilik IAttn: Mike Leichner - PO Box 820 3. Servi• Type Sherwood,OR 97140 i ,Cert :• Mall ❑Express M. - ❑Regist- • 971 m '- =Ipt or erchandise I ❑ Insured Mail ' �.. 4. Restricted Delivery'?(Extra Fee) ❑Yes 2. Article Number 7008 1300 0000 4676 7405 - (Transfer sfer from m service/abe1J I j PS Form 3811,February 2004 Domestic Return Receipt 102505:02-M-1540, • 4110 . U.S. Postal Service,. m CERTIFIED MAILTM RECEIPT I trl (Domestic -• Provided) ra .Attn: Patty/Planning I's- For delivery i Re: ZCA2008-00005 ps.como Montage Townhomes "Notice of Annexation" `0 S Postage $ '1 .17 O Certified Fee O L.^ 70 Postmark p Return Receipt Fee I Here O (Endorsement Required) 2.20 Restricted Delivery Fee 0 (Endorsement Required) - y ,a Total Postage&Fees $ I..0 7 S▪ ent�o - %' QWEST COMMUNICATIONS n Street,Apt.No.; LYNN SMITH,ENG. • ROW MGR N or PO Box No. City,State,ZIP+4 8021 SW CAPITOL HILL RD,RM 110 PORTLAND,OR 97219 i PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS eECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse Ajv ' o Addressee , so that we can return the card to you. B. -•F'ved b (Printed Name) C. Da = .1.-livery • Attach this card to the back of the mail piece, or on the front if space permits. p , ' to /UU A I ~ D. Is delivery address different from item 1? tI '- I 1. Article Addressed to: If YES,-enter delivery address below: ❑ No t QWEST COMMUNICATIONS TI y1 I LYNN SMITH,ENG.ROW MGR 3t cService$ype ,'rl 'I; ; 8021 SW CAPITOL HILL RD,P.M 110 i Cer`tified Mail .SCI Express Mail i '` PORTLAND,OR 97219 - ❑:Rgistered s•\0 Return Receipt for Merchandise I 0 II sured-Mail— ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number ' - — I (Transfer from service label i 7008 1300 0000 4676 7153 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o I 0 • U.S. Postal ServiceTM N. CERTIFIED MAILTM RECEIPT m (Domestic Attn: Patry/P arming - Provided) 1 N For delivery Re: ZCA2008-00005 sps.como Montage Townhomes ..D 0 1 "Notice of Annexation" E I`- _ = Postage $ 1 .17' 0 Certified Fee 0 2.7 0 /Postmark . 0 Return Receipt Fee //r Here 0 (Endorsement Required) 1 2.20 V S : e ?31 Restricted Delivery Fee ;, 0 (Endorsement Required) • t F" O . ,-q Total Postage&Fees $ 6.07 .0 Sent To 0 Qwest Corporation O� Street,Apt.No.; Attn: Pat Prouse,Address Mgmnt.Ctr. or PO Box No. 1600 7th Avenue,Rm.1206 City,State,ZIP+, Seattle,WA 98191 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY m--Complete items 1,2,and 3.Also complete e --�� item 4 if Restricted Delivery is desired. ❑Agent I j •-`Print your name and address on the revers .v •ddressee I so that we can return the card to you. byrinted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. M.' de Ivey address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 1 Alt 0 20150- iQwest Corporation Attn: Pat Prouse,Address Mgmnt.Ctr. 1600 7th Avenue,Rm.1206 3. Service Type 1 ' ! Seattle,WA 98191 X Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise 1 �• ❑Insured Mail ❑C.O.D. 1 -- —-- .— -- —---4 a R trfrSari-Rallvan/7./Frtr...cml ❑Yes I 2. Ar I PS Fi - — ---.--- 102595-02-M-1540! — - -- - 1 • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT -D (Domestic Attn: Patty P arming Provided) m mo Re: ZCA2008-00005 s corn® (cD For delivery I, P cO Montage Towr homes "Notice of Annexation" mPostage $ 1 .17 Certified Fee ' .70 Postmark O Return Receipt Fee Here co (Endorsement Required) 2.20 Restricted Delivery Fee - (Endorsement Required) I r co Total Postage&Fees- s]6.0 7 , � � T Sent To ' SOUTHERN PACIFIC TRANS.CO. ci Street,Apt.No.: CLIFFORD CABE,CONST.ENG. i or PO Box No. P-- 5424 SE MCLOUGHLIN BLVD. City,State,ziP+s PORTLAND OR 97232 i PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. �f L�^r gent X • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Ro9ived by(Printed N e C Date of Delivery ( • Attach this card to the back of the mailpiece, je a /Q, /(Lf-6^ L " 1 or on the front if space permits. D. Is delivery address different from item 1? ❑,Yes 1. Article Addressed to: If YES,enter delivery address below: ?No i ' SOUTHERN PACIFIC TRANS.CO. CLIFFORD CABE,CONST.ENG. 5424 SE MCLOUGHLIN BLVD. 3. Service Type ' \ PORTLAND OR 97232 kQ Certified Mail ❑ Express Mail • ❑ Registered ❑ Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D.• I 4. Restricted Delivery?(Extra Fee) ❑Yes l 2. Article Number 1830 0 '3' 04 3346 886 (Transfer from service laben r PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 S ill U.S. Postal Service Tr., . CERTIFIED MAILTM RECEIPT ill (Domestic M Attn: Patty/Planning 'rovided) • D N For delivery in Re: ZCA2008-00005 .s.coma cc) 0 F Montage Townhomes — ° "Notice of Annexation SO E m co Postage .$ 1 .17 m Certified Fee i ^, O 1q L Postmark D Return Receip1Fee Here D (Endorsement Required) 2 20 <° Restricted Delivery Fee r i�r � (Endorsement Required) D • � • ;a, coTotal Postage&Fees $ i 6.07 fU sentfo i�,((, 4,° D Sneer,Apr.No.; Sprint CommunicationsaCo..°,.¢- D or PO Box No. c/o Tax Partners LLC City, ZIP+4 3100 Cumberland Blvd.,Suite 900 Atlanta,GA 30339 1 -- • C:II W1111. Te ;re'67i*aD71•IIF9U . . i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. p��/ rR1F ■ Agent ■ • Print your name and address on the reverse X a —,_�t\V - ��? • • U.S. Postal ServiceTM ,-„ CERTIFIED MAILTM RECEIPT ;ra (Domestic ttn:1 atty '• g - Provided) r- For delivery ZCA2008-00005 sps.com5 1 Montage Town homes J 0 "Notice of f Annexation" r- - �- Postage $ ;1 .17 Certified Fee 2.70 'Q"->Postmark \\` p Return Receipt Fee O 2.2 0 `Here (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) - 17 Total Postage&Fees $ 8.07 S—ent to Tigard Water District street,Apt.No.; PO Box 230281 or PO Box No. City,State,ZIP«4 Tigard,OR 97281-0281 PS Form 3800.August 2006 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION.'ON DELIVERY • Complete items 1,2,and 3.Also complete A. S•gn. • - item 4 if Restricted Delivery is desired. Yy ❑Agent • Print your name and address on the reverse 35 •- ❑Addressee so that we can return the card to you. B. Received b (Printed Name) C. Date•f Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. W 411r -1e D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Tigard Water District PO Box 230281 3. Service Type Tigard,OR 97281-0281 Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service/abeO j 7008 13 0 0 0000 4 67 6:7-412 PS Form 3811,February 2004 Domestic Return Receipt - . 102595-o2-M-154o • • U.S. Postal Services,, .- CERTIFIED MAILTM RECEIPT ru (Domestic Attn Patty P•mmng Provided) N For delivery ZCA2008-00005 sps.comrs Montage Townhomes "Notice of Annexation" I Postage $ .1 17 O Certified Fee O 2.70 , Postmark O Return Receipt Fee Here rm (Endorsement Required) 20 e • Restricted Delivery Fee `�a� (Endorsement Required) r ..\'�� , r-.1 Total Postage&Fees $ I .07 y- co Sent To „ IM C:1 Apt.No.; Time-Warner Telecom of Oregon LLC .trees, '— or PO Box No. Tina Davis,VP&Deputy General Counsel City,State,ZIP+4 1 10475 Park Meadows Drive Littleton,CO 80124 PS Form 3800,Augus 1 r• See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature /f item 4 if Restricted Delivery is desired. f C '(/"_- ❑Agent `, • Print your name and address on the reverse X_ ❑Addressee lk so that we can return the card to you. g. Received y(Printed N e) C. Date of Delivery • Attach this card to the back of the mailpiece, , 1. or on the front if space permits. l D. Is delivery address different from item 1? ❑Yes 1 1. Article Addressed to: If YES,enter delivery address below: ❑ No Tune-Warner Telecom of Oregon LLC w ";_0 J Tina Davis,VP&DeputyGeneral Counsel 3. ServiceTypec :-`✓9 ,'� j 10475 Park Meadows Drive l�Certified`Mail`t° CI-Express Mail ' Littleton,CO 80124 ❑Registered ' ..D Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 1; r 4. Restricted Delivery?(EuCa Fee) ❑Yes 2. Article Number - — - - ---- •- --- (Transferfrom service labe0 700-8 1300 0000 .4676 7429 1 , PS Form 3811, February 2004 Domestic Return Receipt 102695.02-M-1540 l ij • • U.S. Postal Service,. .o CERTIFIED MAILTM RECEIPT (Domestic Attn: Patty/Planning Provided) F'- For delivery i ZCA2008-00005 s.com • Montage Townhomes p ../1 "Notice of Annexaationn" r, Postage $ 1 .17 C] Certified Fee 2.70 Postmark O Return Receipt Fee c3 (Endorsement Required) Here 2.20 • ORestricted Delivery Fee -;----7:7.. (Endorsement Required) 0_A `'`- m r.1 Total Postage&Fees $ i• 0 7 - co Sent To —� TRI-MET TRANSIT DEVELOPMENT N or r es PO O Box No..Apt.No.; BEN BALDWIN,PROJECT PLANNER City,State,zIP+4 710 NE HOLLADAY STREET PORTLAND OR 97232 PS Form 3800,August 2006 See Reverse for Instructions i • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig' item 4 if Restricted Delivery is desired. � ❑Agent 1. MI Print your name and address on the reverse X ❑Addressee I so Attach that this can return the card to you. d by(Prints• C. Date• Delivery t • Attach this card to the back of the mailpiece, � � or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No l I, i 1 TRI-MET TRANSIT DEVELOP • \rf_ - BEN BALDWIN,PROJECT PLANNER 710 NE HOLLADAY STREET 3. Service Type PORTLAND OR 97232 Pt Certified Mail ❑Express Mail I ❑Registered ❑Return Receipt for Merchandise l ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I • 2. rrsnle nsfer from 7008 1300 0000 4676 7146 (frd serv/ce IabeQ 1 PS Form 3811,February 2004 Domestic Return Receipt _Iozss5-o2-M-15.0' ■ ..:'r U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT 7 (Domestic Attn Patty/Planning -- Provided) N For delivery ZCA2008-00005 sps.come Montage Townhomes J -r) n • L _ "Notice of An exation" N Postage $ 1 .17 0 Certified Fee O 2.7 0 , Postmark ci Return Receipt Fee Here 0 (Endorsement Required) 2.20 O Restricted Delivery.Fee L 0 (Endorsement Required) IS h O aY pe Total Postage&Fees .07 ",.ji,//-4 •.• •�, ( ca Sent To `) TUALATIN VALLEY FIRE&RE-SLUE CI Street,Apt.No.; N or PO Box No. ADMINISTRATIVE OFFICE City,State,ZIP+4 20665 SW BLANTON STREET ALOHA OREGON 97007 - PS Form 3800,Au.• •.• See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si•nature „ , item 4 if Restricted Delivery is desired. u Agent • Print your name and address on the reverse X - . 1,'m ,r•❑-isdd= see so that we can return the card to you. B. Receive• by ted Name) C!Date of Delivery • Attach this card to the back of the mailpiece, '`,A1C )LLB ! or on the front if space permits. N D. Is delivery ad•ress different frdim'item 1'?'. FI Yes. ' 1. Article Addressed to: - If YES,enter delivery address below: ❑ No” / (f I TUALATIN VALLEY FIRE&RESCUE ADMINISTRATIVE OFFICE 3. Service Type • 20665 SW BLANTON STREET fig Certified Mail ❑ Express Mail ALOHA OREGON 97007 ❑Registered.,- ❑Return Receipt for Merchandise "❑Jnsured Mail ❑C.O.D. 4ARestricted Delivery?(Extra Fee). ❑Yes 2. Article Number -- — ? (Transfer from service IabeO 7008 13 0 0 0000 ._4 6 7 6-'.7 2.4.5 :- PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540' • • U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m • Provided) I m (Domestic • Attn: Patty/Planning t.. For delivery Re: ZCA2008-00005 sps.como Montage Townhomes "Notice of Annexation._" It Postage $ ;1 .17 Certified Fee 2.70 D Postmark 0 Return Receipt Fee 1 Here D (Endorsement Required) 2.2 0 Restricted Delivery Fee 0 (Endorsement Required) - D (rl Total Postage&Fees $ 6.07 %S ,a co ent o D TUALATIN VALLEY FIRE&RESCUE' D Street,Apt.No.; NORTH DIVISION f` or PO Box No. AT N:JOHN DALBY City,Stare,ZIP+4 14480 SW JENKINS ROAD PS Form 3800,Aug BEAVERTON OR 97005-ee 5everse or Instructions ... SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig i u item 4 if Restricted Delivery is desired. . AAgent I • Print your name and address on the reverse x f ❑Addressee '. so that we can return the card to you. B. Received (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, n or on the front if space permits. 1`- D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: El No TUALATIN VALLEY FIRE&RESCUE NORTH DIVISION ATTN:JOHN DALBY 3. Service Type �' I 14480 SW JENKINS ROAD CA Certified Mail ❑Express Mall I BEAVERTON,OR 97005:1152 ❑Registered ❑Return Receipt for Merchandise � ❑Insured Mall ❑C.O.D. I 1, 4. Restricted Delivery?(Extra Fee) ❑Yes . 2. Article Number 7008 1300 0000 4676 7238 t (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-o2-M-1540 f • • U.S. Postal Service,. ,a CERTIFIED MAILTM RECEIPT .rovided) to (Domestic M. Arm: Patty/Planning Re: ZCA2008-00005 s.coma p.- m p- For delivery in' Montage Townhomes rp i 3 o_- :Notice of Annexation P.- postage $ 1 .17 s ci Certified Fee 2,7 0 (• f� "Postmark OO Return Receipt Fee I 'i ;*K Here '' (Endorsement Required) , 2�0 Restricted Delivery Fee O (Endorsement Required) «. .� ' CI M I 07, Total Postage&Fees $ 16, 43 Sent ro t1 . Verizon IJ $treat Apt.No.; Attn: David Mielke,State Regulatory N or PO Box No. 600 Hidden Ridge:MC HQE02E70 City,state,ZIP+4 Irving,TX 75038 PS Form 3800,August 2006 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION,ON DELIVERY . • Complete items 1,2,and 3.Also complete A. Signat r- • item 4 if Restricted Delivery is desired. 4rggili ❑Agent • Print your name and address on the reverse ❑Addressee I so that we can return the card to you. B. R;-Iv nt Name) -4—el Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. -4—el D. s delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Vetizon Attn: David Mielke,State Regulatory 600 Hidden Ridge:MC HQE02E70 3. Service Type Irving,TX 75038 X Certified Mail,- (;Express Mail ❑Registered: '❑Return Receipt for Merchandise I ❑:Insured Mail .❑Ie.o:D. 4. Restricted ` Delivery?1Extra Fee)- ❑Yes i _ _. _. -__.. . l; 2. Article Number - I (Transfer from service labe0 7008 13 0 0 0000 4 6 7'6 7 351 . PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • U.S. Postal Service-. CERTIFIED MAILTM RECEIPT 1. J3 (Domestic M 'Attn: Patty P arming •rovided) arming 1 rrt Re: ZCA2008-00005 .s.coma N For delivery i Montage Townhomes .3 "Notice of Annexation N Postage $ 'i 1 .17 = i 0 Certified Fee � 2.7 0 ll -Postmark �� °Here �` Return Receipt Fee I -s.---' s Y (Endorsement Required) 1 2.20 , ' 1`, Restricted Delivery Fee , - �I O (Endorsement Required) -,‘, Cl rg Total Postage&Fees $ II 6•07 1 ED Sent To r 0 Verizon CI street Apt.No.; ' Attn: Richard Masching IN or PO Box No. PO Box 152270 SVIE5002 I City,state,zlP+a Irving,TX 75015 PS Form 3800.August 2006 ee_ev- - • .ctions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. • Agent i • Print your name and address on the reverse �_ ❑Addressee I so that we can return the card to you. B. eived b rinted Nam C. D to o Deliv • Attach this card to the back of the mailpiece, L�,- t ._ � or on the front if space permits. / D. delivery address dI a nt from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Verizon Qj� D �P )))v lh��`�X FT S`O S ' Attn: Richard Masching (9_43�"` __ SVIE5002 3. Service Type Irving,TX 75015 bifCertfied Mail ❑Express Mail . ❑Registered- ❑Return Receipt for, (2rchandise I ; ❑Insured Mail ❑C.O.D. ), 4. Restricted Delivery?(Extra Fee) ❑Yes 1 2. Article Number I 7008 1300 0000 4676: 7368 (Transfer from service label) , PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02-M-1540 i ' I CITY OF TIGARD CURRENT PLANNING '3125 SW HALL BLVD. RECEIVED PLANNING )(\ra,\ . "'GARD, OR 97223-8189 7008 1300 0000 4676. 7368 APR 10 2009 CITY OF TIGARD ) V 7 gf-?-e- 4- 01 - . ' 9' ''� ``-`,�\ \)(/ Ad/ f /% Verizon Administrative Services-Mail Center IIPI � �� / DELIVERY DELAYED DUE TO: AA 1 RECEIVED APR 0 0 .t2 ` INADEQUATE ADDRESS 6411)27;ek 1� a�1,Q-, 10 MAIL CODE/POD/FLOOR/ROOM/OFFICE lit)-e- WRONG MAIL CODE/POD/FLOOR/ROOM/OFFICE -- OTHER NOTiE;please update your eWell Employr;2 Directory Verizon Verizon 111 rat' n. Richard Masching Attn: Richard Masching ` °�/ INITIALS �� PO Box 152206 _ Irving, TX 75015 Irving,TX 715 _ l 4104 is 0 ir, • A il I 4 r II • U.S. Postal Service,. o- CERTIFIED MAILTM RECEIPT •m (Domestic Attn: Patty/Planning Provided) irk ,P- For delivery i Re: ZCA2008-00005 ps.coma [� Montage Townhomes U ._ "Notice of- Annexation" N .D - -, Postage $ r1 .17 1 O Certified Fee l,7 27 0 Postmark . p Return Receipt Fee = (Endorsement Required) Here . , Restricted Delivery Fee 2.20 �' yy D (Endorsement Required) °'m -'O '7 C m I ,'7 ,-q Total Postage&Fees $ . • .07 , � cor co Sent To e O VERIZON NorrPO,Apt.N. JOHN COUSINEAU,OSP NETWORK or PO Box No. City,State,ZIP+4 4155 SW CEDAR HILLS BLVD. BEAVERTON OR 97005 PS Form 3800.Augus I r• See Reverse for Instructions i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete "„ / item 4 if Restricted Delivery is desired. ❑Agent l • Print your name and address on the reverse �,s` • ❑Addressee so that we can return the card to you. B. • -eceived by(P'nted lame) C. Date of Delivery • Attach this card to the back of the mailpiece, �1 or on the front if space permits. - ` 2 _ -"i w' i D. Is delivery address different from item 1? Yes j' El 1. Article Addressed to: If YES,enter delivery address below: ❑ No l) ( APR 0 2 2049 VERIZON r JOHN COUSINEAU,OSP NETWORK 4155 SW CEDAR HILLS BLVD. 3. Service Type BEAVERTON OR 97005 Certified Mail El Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restrictedbelivery?(Extra Fee) ❑Yes ' 2. Article Number r 7008 1300 0000 4676 7139 1 (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 1o2595-02-M-154o l • • U.S. Postal Service TM ,,I CERTIFIED MAIL. RECEIPT `o (Domestic M Attn: Patty P aiming - - -- - •rovided) r-9 Re: ZCA2008-00005 P- For delivery in •s.comm (� Montage Townhomes •••D II "Notice of Annexation" N Postage $ .1 .17 • O Certified Fee .70 _ , O Postmark `V, p Return Receipt Fee ,'Here _�,., 0 (Endorsement Required) 20 c , t• Restricted Delivery Fee - c::: - , - I= (Endorsement Required) 6 OTotal Postage&Fees $ 6.07 — cD Sent To WASHINGTON COUNTY O Street,Apt.No.; DEPT.OF ASSESSMENT&TAXATION t` or PO Box No. APPRAISAL DIVISION/HEATI-IERTODD City,State,ZIP+4 155 N.FIRST AVENUE,SUITE 230 HILLSBORO,OR 97124-3072 PS Form 3800.Augus Sr• See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature i • item 4 if Restricted Delivery is desired. -4—Agent • Print your name and address on the reverse X / ❑Addressee 1 so that we can return the card to you. B 'eceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. vi" — 11 I D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No I I i- - - 1 WASHINGTON COUNTY ' DEPT.OF ASSESSMENT&TAXATION APPRAISAL DIVISION/HEATHER TODD 155 N.FIRST AVENUE,SUITE 230 3. Service Type HILLSBORO,OR 97124-3072 Certified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery'?(Extra Fee) ❑Yes r 2. Article Number i i i (Transfer from service labeO I 7008 1300 0000 4676 7191 I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 0 • U.S. Postal Servicem, ,,.a CERTIFIED MAILTM RECEIPT tlJ (Domestic Attn: Patty/Planning - Provided) N For delivery ZCA2008-00005 sps.come Montage Townhomes "Notice of Annexation" N .. _ Annexation" z- Postage $ 1 .17 p Certified Fee ED 2.70 Postmark C3 Return Receipt Fee t O (Endorsement Required) 2.2 0 j Here; ,,,,VT,—,- Delivery Fee O (Endorsement Required) ;� I)n':,/ • m i . b ,.q Total Postage&Fees $ 6.0 7 r '-, fir' Nd r. Sent o _v:`—" !,,,_ O WASHINGTON COUNTY,OREGON 2 Street Apt.No.; DEPT.OF LAND USE&TRANS. '- or PO Box No. 1 ATTN:PLANNING DIVISION . City,State,ZIP+4 155 N FIRST AVE,STE 350,MS 14 HILLSBORO OR 97124-3072 • PS Form 3800.August r r. ee•everse or ns ructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig ature c / item 4 if Restricted Delivery is desired. Q Agent 1 • Print your name and address on the reverse X A ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery I • Attach this card to the back of the mailpiece, i or on the front if space permits. �^ • D. Is delivery address different from Rem 1? ❑Yes 1 1. Article Addressed to: If YES,enter delivery address below: ❑No l 1 1 1 WASHINGTON COUNTY,OREGON 1 DEPT.OF LAND USE&TRANS. ATTN:PLANNING DIVISION 3. Service Type ' i 155 N FIRST AVE,STE 350,MS 14 14 Certified Mail ❑Express Mail ' HILLSBORO OR 97124-3072 .' ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes t 2. Article Number 7008 1300 0000 4676 7221 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-32-M-1540 • • U.S. Postal Service,. N CERTIFIED MAIL., RECEIPT c3 (Domestic Attn:-Patty/Planning a Provided) fU Re: 2CA2008-00005 r- For delivery sps.comm Montage Townhomes -D "Notice of Annexation" -n z- Postage $ 1 .17 c] Certified Fee 2.70 C3 L • Postmark 0 Return Receipt Fee 1 C7 (Endorsement Required) X2.20 •','`'•Here .-1-.\�' Restricted Delivery Fee Q (Endorsement Required) `� ' l m Total Postage&Fees 6.07 f: l ,4 ':fir WASHINGTON COUNTY,OREGON,---' a Street,Apt.No.: DEPT.OF LAND USE&TRANS. N or PO Box No. ATTN:JIM NIMS City,State,ZIP+4 155 N FIRST AVE,STE 350,MS 15 . HILLSBORO OR 97124 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY a Complete items 1,2,and 3.Also complete A. Sig ature I item 4 if Restricted Delivery is desired. 15YAgent j • Print your name and address on the reverse X ❑Addressee i so that we can return the card to you. : Received by(Printed Name) Date of Delivery • Attach this card to the back of the mailpiece, Z..G `r or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No I \VASFIINGTON COUNTY,OREGON I ' ' DEPT.OF LAND USE&TRANS. I ATIN:JIM NIMS 3. Service Type 1 , 155 N FIRST AVE,STE 350,MS 15. pa Certified Mail ❑Express Mail 1 ' HILLSBORO OR 97124 1 ❑Registered ❑Return Receipt for Merchandise I ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I (Transfer from service late() I 7008 13 0 0 0000 4 6 7 6 7207 r PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02-.1,510 • • U.S. Postal Service.M - CERTIFIED MAILTM RECEIPT r- (Domesti• Ann: Patty/Planning r e Provided) Re: ZCA2008-00005 N For delive usps.como Montage Townhomes .0 "Notice of Annexation" JSE fJ- — `u Postage $ ;1 .17 C] Certified Fee O 2.7 O Postmark O Return Receipt Fee ' Here c3 (Endorsement Required) I'^ 2O , '2 1 ? O Restricted Delivery Fee • •^ .4 Qao . O (Endorsement Required) rrq Total Postage&Fees $ i. .07 co Writ O WASHINGTON COUNTY,OREGON Street,Apt.No.; DEPT.OF LAND USE&TRANS. t` or PO Box No. SENIOR CARTOGRAPHER City,State,ZIP+ 155 N FIRST AVE,STE 350,MS 14 HILLSBORO OR 97124 1 PS Form 3800,A .. •r• ee•everse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X Agent • Print your name and address on the reverse _ ❑Addressee so that we can return the card to you. Received by(Printed Name) C. Date of Delivery I • Attach this card to the back of the mailpiece, _27_40• or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No WASHINGTON COUNTY,OREGON 1 DEPT.OF LAND USE&TRANS. SENIOR CARTOGRAPHE R 3. Service Type 155 N FIRST AVE,STE 350,MS 14 .Certified Mail ❑Express Mail HILLSBORO OR 97124 ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 13 1] 0000 4 6 7 6 7 214 (Transfer from service label) I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Ii -- 1 • • • • ' U.S. Postal Service,. ,.1, CERTIFIED MAILTM RECEIPT Irl (Domesti Attn: Patty/Planning - - ge Provided) I',.- For delive Re: ZCA2008-00005 Montage Townhomes .us s.com® -0 "Notic of Annexation' __ 'S E N -C Postage $ 1 .17 O Certified Fee O 2.70.70 Postmark p Return Receipt Fee I Here 0 (Endorsement Required) 2.. .___20 Restricted Delivery Fee CI (Endorsement Required) I .`;---1: _. O - , )t'-,t �- Total Postage&Fees . .07 ,, c ,j , c!'',, rq ra e i o 'c '"';" O W.GGGA.(Washington County 9-1l)'"' .%.�" Street,Apt.No.; ATI'N:MARK CHANDLER,ENP - -' r` or PO Box No OPERATIONS SUPERVISOR City,State,ZIP+S PO BOX 6375 BEAVERTON.OR 97007 PS Form 3800,Augus I I. ee•everse or nstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu if I item 4 if Restricted Delivery is desired: ❑Agent ■ • Print your name and address on the reverse t/ ' ' ❑Addressee so that we can return the card to you. _Q, - -ived by(Printed Name) C. Date of Delive. • Attach this card to the back of the mailpiece, x _ac (� � • or on the front if space permits. —�., ' D. Is delivery address different from item 1? ❑Yes ' 1. Article Addressed to: If YES,enter delivery address below: ❑ No \V.GGGA.(Washington County 9-1-1) ATTN:MARK CHANDLER,ENP OPERATIONS SUPERVISOR 3. Service Type PO BOX 6375 p Certified Mail . ❑Express Mall BEAVERTON.OR 97007 ❑Registered ❑Return Receipt for-Merchandise ❑Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 1300 0000 46.7.6 7252 ; (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt - 102595.02-M-1540 • • U.S. Postal ServiceTM i, CERTIFIED MAIL. RECEIPT (Domestic Ann: Patty/Planning 'e Provided) Re: ZCA2008-00005 f`- For denim Re: Montage Townhomes ..13 ,_• "Notice of Annexation" N — i Postage $ --- - „ ' •.'s.e IM Certified Fee \ 1 •17 a i� rt"a��' c3 G° i 2.7 0 P ark CI Return Receipt Fee - `.Here ' c3 (Endorsement Required) i 4 Restricted Delivery.Fee yam : O (Endorsement Required) I -•", . D! O rmq Total Postage&Fees • co Sent To 4 6•07 O O Street,Apt.No.; ' Working Assets . N or PO Box No. 101 Market Street,Suite 700 City,stare,ZIP+4 San Francisco,CA 94105 6 PS Form 3800,Augus r r• See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE'PITS'SECTION on.DELIVERY • Complete items 1,2,and 3.Also complete A. S' ature ��1 �� item if Restricted Delivery is desired. i(/I'�"l l Agent ( • Print your name and address on the reverse 1 A' ❑Addressee so that we can return the card to you. , e-ceived by LPrin ed Name) C. Date of Delivery i • Attach this card to the back of the mailpiece, or on the front if space permits. `��"'e y� 51in Pt o..1-,. -, , 3--47 T (, D. Is delivery address dtt`feriertt`fil4rriit @ i ii? ❑Yes 1. Article Addressed to: if YES,enter delivery address belovP'\ ❑ No APR. C� Zdag a Working Assets `q'. - P .?, i 101 Market Street,Suite 700 3. Service Type ` tiyM_i�". l ' San Francisco,CA 94105 Certified Mail - .❑ Express Mail ❑Registered'_-%-❑Return Receipt for Merchandise 1 ❑Insured Mail r ❑C.O.D. 4. Restricted,Delivery?(Ex( - 'ik 2. Article Number — -_. 1 I• i; (Transfer from service label ; 7008 1300 0000. :4676'. f • PS Form 3811,February 2004 Domestic Return Receipt .1Q2595O2-M-1540 • • .. U.S. Postal Service,, . CERTIFIED MAILTM RECEIPT cl (Domestic Attn: Patty/P1a,�ning" - ••- Provided) f For delivery Re ZCA2008-00005 sps.como Montage Townhomes , , M1 - _--"Notice of Annexatio." . Postage $ 1 1 .17 p Certified Fee 2.7 0 Postmark a Return Receipt Fee O (Endorsement Required) 2 20 _y '. e Restricted Delivery Fee e� t7 (Endorsement Required) _-, . O m Total Postage&Fees $ 6.07 ,. - ent o ——— - .�' cp.,- — ° X5 PDX,LLC _____ 2 Street Apt.No.; Attn:Barbara Meyer,Controller or PO Box No. City,ware,ZIP+4 1520 4th Avenue,Suite 500 • Seattle,WA 98101 j PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY •• • Complete items 1,2,and 3.Also complete � item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse AN ❑Addressee so that we can return the card to you. B. . ei �d by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �Ti ller / �� /p�� or on the front if space permits. SS‘C� (1 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No I I i X5 PDX,LLC I Attn:Barbara Meyer,Controller 3. Service Type + 1520 4th Avenue,Suite 500 i Seattle Certified Mail ❑Express Mail �WA 98101 ❑Registered ❑Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. ( 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 1300 0000 4676 7504 (Transfer from service!abe° PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; it • • U.S. Postal Service,. o CERTIFIED MAILTM RECEIPT Ir (Domestic Mai Attn: 'atty aiming - " ovided) , ru Re: ZCA2008-00005 N For delivery info .coma Montage Townhomes 3 , ...0 "Notice of Annexation" N - - -D Postage $ 1 .17 Q Certified Fee 2.70 ��^� L y Postmark O Return Receipt Fee ,„ tiHere O (Endorsement Required) 2.2 0 s� Restricted Delivery Fee \, 0 (Endorsement Required) \si O V , rr4 Total Postage&Fees 6.07 e3�?nt o — o : XO Communications N $treat,Apt.No.; ! Attn:Martin Pfister or PO Box No. City, z�P«a 11111 Sunset Hills Road Reston,VA 20190 PS Form 3800.August 2006 See Reverse for Instructions ` r / all-J TM • CITY OF TIGARD III 1 11111111111111 1111111 . CURRENT PLANNING 13125 SW HALL BLVD. TIGARD, OR 97223-8189 7008 1300 0000 4676 7290 . NIXIE 2037 1 07 04/06/09 RETURN TO SENDER • NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD A RETURN TO SENDER iii„n.i,ili,ii.ni,n,irn•i,u„iln,iui,„u,i,i,un,rn Fc�/f'�0 C/rr 10X,, C XO Communications 0 Attn:Martin Pfister /L` , 11111 Sunset Hills Road 7/0 Reston,VA 20190 Q SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Ilk • Complete items 1,2,and 3.Also complete A. Signature I item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes l ,0 1. Article Addressed to: I ', If YES,enter delivery address below: ❑No XO Communications °�► i � "J Atm:Martin Pfister e • ',B 11111 Sunset Hills Road 3. Service Type I a ' Reston,VA 20190 Certified Mail ❑Express Mail I ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. I _ 4. Restricted Delivery?(Extra Fee) ❑Yes 1 1 —— - 2. Article Number (Transfer from service label) 7008 1300 0000 4676 7290 iijijjllil�'Ifj►j;ijjl�fi`i,j►j►lfiii`Ij��jlljj'l�ljjllll 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 t—--- 1 I -t` o .. ., $ U.S. Postal Service,h, CERTIFIED MAILTM RECEIPT CI Ln (Domestic Attn: Patty/Planning Provided) N For delivery i ZCA200S-00005 ps.comD Montage Townhomes r i 0 I "Notice of A_nnexation" m Postage $ 1 .17 _ MI Certified Fee 12.7 0 `tn O Return Receipt Fee i -?"'A-.. 52�� I= (Endorsement Required) 2.20 �, t Restricted Delivery Fee q �ri O (Endorsement Required) 4�\� l�n ra t:0 Total Postage&Fees $ I 6.07 rU _ Sent To ogtree>.AptJo.; Zone Telecom,Inc. •---•• N or PO Box No. 3 Executive Campus,Suite 520 City,stare,ZIP+4 Cher Dill,NJ 08002 __... PS Form 3800,August 16 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu f ' item 4 if Restricted Delivery is desired. �/ .-•-Sd El Agent • Print your name and address on the reverse X S�,`■ Addressee ' so that we can return the card to you. B. Rec ' P = e) C. att of Delivery ' • Attach this card to the back of the mailpiece, � S� � or on the front if space permits. D. Is delivery address`'bgrent frr rte Yes ' 1. Article Addressed to: If YES,enter delivery'�dress below: 4P No Zone Telecom,Inc. 1, 3 Executive Campus,Suite 520 3. Service Type ). , Cherry Hill,NJ 08002 X Certified Mail ❑ Express Mail 1 t ❑ Registered ❑ Return Receipt for Merchandise 1' ❑Insured Mail ❑C.O.D. I1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number —- - - - - - - ,, 1 7008 2810 0001 3831 8750 (Transfer from service IabeO PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o 1 City of Tigard, Ore g on 13125 SW Hall Blvd. • TigaT OR 97223 I1 March 31, 2009 • 474-1VGAREP. Robert Ayers Oregon Department of Revenue Cartographic Unit PO Box 14380 Salem, OR 97309-5075 Dear Mr. Ayers: The following information is enclosed with this letter concerning property recently annexed into the City of Tigard: City File No./Name: -ZCA2008-00005/Montage Townhomes Annexation ♦ Certified True Copy of Original City of Tigard Ordinance No. 2009-03. ♦ 1 copy of the Legal Description of the Subject Property (pre-approved by the Department of Revenue # DOR 34-P486-2009). ♦ 1 copy of the Assessor's or Vicinity Map of the Subject Property delineated in red. Detailed information pertaining to the parcel(s) annexed: MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 1S126DB,01100 9325 SW Hall Boulevard Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 If yo have/any qu tions or need further information, please call me or Gary Pagenstecher at 503- 39-4171. l l!' 17Gi arty L or. Planning Assistant / Enclosures c: ZCA2008-00005 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 4110 411/ U.S. Postal Service-h, CERT � (Domesti• Attn:Patty/Planning •d) For delive RE: ZCA2008-00005/Montage Townhomes 43 "Notice of Boundary Change" .11 _3 tm Postage �m y�k yti,�a6;/�� Certified Fee \1M\ ,. O Return Receipt Fee P ark ^ O �. i(Endorsement Required) , O e yU a 4 Restricted Delivery Fee 0 (Endorsement Required) G o0 Total Postage&Fees 0 r, Sent To - c0 Roben Ayers • 1:3 Street,Apt.No.; Oregon Department of Revenue f- or PO Box No. Cartography Unit City,State,ZIP+4 ; PO Box 14380 Salem,OR 97309 PS Form 3800.Augus r r. See Reverse tor Instructions J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery � . • Attach this card to the back of the mailpiece, I or on the front if space permits. D. Is delivery address different from item 1? ❑Yes I 1. Article Addressed to: If YES,ent7delivery address below: ❑No , Robert Ayers . - ; Oregon Department of Revenue • Cartography Unit PO Box 14380 3. Service Type t Salem,OR 97309 ,f Certified Mail ❑ Express Mail ❑ Registered ❑Retum Receipt for Merchandise l ❑ Insured Mall ❑C.O.D. _d—Roctrientnel nen..enA_IC.....m-�.,,-______ ❑Yes 2. Artie • (TI PS For. - - - - - - - - -• --- - - )2595-o2-M-1540 oa t CITY OF TIGARD EXPENDITURE REQUEST This is a multi-use form. Appropriate receipts and required documentation must be attached to this form. Approved requests are due to Accounts Payable no later than Monday at 5:00 p.m. for checks on Friday. Payable To: Metro Vendor#: Street Address: Date: 3-30-09 City, State, Zip: Requested By: Gary Pagenstecher MISCELLANEOUS EXPENDITURES DATE I DESCRIPTION,INVOICE#,ETC. ACCOUNT AMOUNT MOUNT 3-30-09 Montage Townhomes Annexation ZCA2008- 100-2230-620010 l S250.00 00003 Annex. Fees to Metro PHYLLIS - PLEASE DO NOT MA It THE CHECK - GIVE TO PATTY LUNSFORD Class Name: Class Location: Class Dates: TOTAL S250.00 Appropriation Balance: As of Mileage— 30.3c APPROVALS: If under S300 - Professional Staff -��/ If under 53,000 - Division Manager I f under 522,300 - Department Manager • I f under S30.000 - City Manager I f over S50,000 - Local Contract Review Board: • lig II • MEMORANDUM TIGARD TO: Chief of Police, City Engineer, Engineering Technician/Jurisdictional Coordinator, Accounting Supervisor, Utility Billing, Franchise, Building Official, Library Director, GIS Specialist, City Recorder, Public Works Director and Police Crime Analyst. FROM: Patty Luns ford, Planning Assistant RE: RECENT ANNEXATION & CENSUS INFORMATION City of Tigard Ordinance No. 2009-03 File No.: ZCA2008-00005 —Montage Townhomes Annexation DATE: March 27, 2009 • ♦ DATE COUNCIL ADOPTED: MARCH 24, 2009 ♦ ORDINANCE EFFECTIVE DATE: APRIL 23,2009 • TIGARD WATER DISTRICT WITHDRAWAL EFFECTIVE DATE: N/A(Tualatin Valley) A Map and the Ordinance approving the annexation of the subject properties is attached. Detailed parcel information is listed below for the properties. If detailed census data is requested please contact Patty @ x2438. Other questions should be referred to Gary Pagenstecher, Associate Planner @ x2434. Thank you. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 1S126DB,01100 9325 SW Hall Boulevard Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 Attachments: Ordinance,legal description(s), map(s) c: ZCA2008-00005 Land Use File • Agen•em No. II l•�°c_- 111 ,4 Meeting of �Gt y /a/ A00, City of Tigard Tigard Business Meeting — Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: March 24, 2009 — 6:30 pm Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION Mayor Dirksen called the meeting to order at 6:30 p.m. Present: Mayor Dirksen, Councilor Buehner, Councilor Henderson,and Councilor Sherwood. Also Present: City Manager Prosser,Assistant City Manager Newton, Finance and Information Technology Director LaFrance,Public Works Director Koellermeier, Councilor Buehner, Associate Planner Caines, City Attorney Bennett, and City Recorder Wheatley Track 1 > Presentation of Clean Water Services Fanno Creek Meander Project—Community Development Department This presentation was postponed. > Trust for Public Lands—Parks Bond Measure Public Works Director Koellermeier referred to a March 17,2009,letter from City Manager Prosser to Joshua Alpert of the Trust for Public Lands (TPL). A copy of this letter is on file in the City Recorder's office. TPL has been working with the City regarding the potential acquisition of some property at Fowler Middle School. TPL also assists with conservation activities. Staff and the Mayor have met with TPL representatives. The letter referred to above requests TPL to assist the City by conducting surveys to help the City determine how to put together land conservation measures or fund raisers. Public Works Director Koellermeier described the good record of TPL successes in these types of matters. After a comment by City Manager Prosser noted regarding TPL's early suggestions for a possible ballot measure in November 2009,Councilor Buehner said she thought a ballot measure in May 2010 might be preferable because of the type and number of ballot measures that will likely be on the November 2010 ballot. Public Works Director Koellermeier noted there are a great number of variables. At this point,more information is needed before a decision is made. Councilor Sherwood commented that a lot of public education is necessary and she would prefer to allow time for this effort TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 . City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 19 . • Mayor Dirksen said he is lobbying Metro for assistance with the purchase of the Fowler property. He said he has planned a tour of this property for Metro Councilors Collette and Burkholder. Track 2 Annual Review of Mayor's Regional Liaison Activities—Administration Department Mayor Dirksen referred to his March 24,2009,annual document reviewing his regional liaison activities. A copy of this document is on file in the City Recorder's office. It has been five months since the Mayor has been devoting half time to City business. He asked if the City Council had any questions or comments on this report. Councilor Buehner commented positively about the representation that Tigard now has. Councilor Sherwood added that the City has received funding as well as good attention directed toward the City. After brief discussion,there was City Council consensus for the Mayor to continue to serve as he has been doing. Track 3 ➢ City of Tigard Growth and Development Aspirations—Urban-Rural Reserve Update— Community Development Department Community Development Director Bunch introduced this item. Washington County and Metro have embarked on two paths regarding aspirations. The City responded to Metro by putting together a list of its aspirations as to how it wants to grow and where. He referred to Mayor Dirksen's comment at a joint JPACT and MPAC meeting. 'We can't continue to do business as usual." The City,because it is landlocked needs to focus on growth and development in a different way. At this joint meeting,the Mayor asked the questions: • What kind of cities do we want to be? • Where would we put growth? • How will we accommodate population? The City of Tigard wants to grow within the downtown area,along Highway 99W corridor, the Tigard Triangle, and Washington Square. The single-family neighborhoods will be sacrosanct There will be opportunities for a variety of housing. Staff has translated this aspiration into ideas consistent with Metro's"Greatest Places" efforts. Subsequently,Washington County has asked cities about their aspirations. The Tigard Council responded that the City of Tigard does not necessarily aspire to grow outside the current boundaries,but it recognizes there are expectations and responsibilities to provide municipal governance and services to new urban growth outside the City. Community Development Director Bunch reviewed the possible boundaries for the City of Tigard,including Areas 63 and 64 and the lands already designated urban services areas for the City (consistent with existing agreements). Community Development Director Bunch reviewed statistics (also reported in the Agenda Item Summary prepared for the City Council,which is on file in the City Recorder's office). Up to 14,000 new housing units could be developed inside the existing City boundaries along with 23,000 new jobs. We will have approximately 8,300 new housing units developed on lands added to the City boundaries and about 5,700 new jobs on these same lands. Washington County's approach to urbanizing Areas 63 and 64 shows there are very few number of jobs on a 13-acre employment area. For Tigard to be a complete community and reduce travel, staff feels there should be attention paid to the land made available for jobs. In total, staff estimates 22,300 new household units along with 28,700 new jobs in a 30-50 year growth and development scenario (for Tigard's goals/aspirations). TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 19 • Ilk Community Development Director Bunch asked if the above is in keeping with the City Council's understanding and support? Community Development Director Bunch confirmed for Councilor Buehner that these numbers were based upon the City being successful in securing light rail. Councilor Buehner suggested an education effort be made regarding how important it is for this area to get the light rail. She asked what the numbers would reflect if this area does not get light rail. Community Development Director Bunch agreed it would be interesting to take this opposite view showing when Highway 99W would reach complete gridlock. Mayor Dirksen noted this would have the same effect on Highway 217 and adjacent I-5. Councilor Buehner referred to the stringent development limitations in the Triangle because of traffic issues. Mayor Dirksen said that Metro has applied for a TGM grant to do a land use study of the 99W corridor, looking at what kind of land use needs would be necessary to support the light rail in the corridor. Community Development Director Bunch asked the City Council if it supported the staff direction as he had outlined. There were affirmative responses by Council members with Mayor Dirksen saying it is important to note that the figures reviewed by Mr.Bunch were the result of assnming a maximum density and full build out at 40-50 years from now. Community Development Director Bunch added that this is assnming densities anywhere from 30-50 units per acre. With light rail,the densities in the downtown could even be higher; however,this is not likely within the foreseeable market Mayor Dirksen agreed with Mr.Bunch—this is something the.Council has addressed previously when there has been discussion about building up and how "far u " P• Community Development Director Bunch said he met with a Portland district liaison planner who is interested in Tigard. They want to cooperate and participate with Tigard. There is the possibility that some of the Portland Commissioners might come to Tigard to talk to us. Mr.Bunch specifically mentioned Portland Commissioners Amanda Fritz and Dan Saltzman. Portland Mayor Sam Adams continues to be interested as well. Councilor Buehner commented that Commissioner Fritz has been a long-time quality neighborhood advocate and Commissioner Saltzman is the"Westside"representative and is familiar with the different density quotients that exist on the Westside. City Manager Prosser said he and Mayor Dirksen have a meeting set up with Mayor Adams and Portland transportation staff. Mayor Dirksen advised that Tigard's report on aspirations went to Washington County Commissioners advising the City Council was uncomfortable creating a report without having time to go through a public process. Mayor Dirksen said both Chair Brian and Commissioner Rogers complimented the report Community Development Director Bunch said Metro also liked that Tigard drew the distinction between responsibilities, expectations and aspirations. Track 4 Discuss City of Fairview Letter Regarding TriMet—City Manager Prosser referred to a March 18 letter from the Mayor of the City of Fairview. A copy of this letter is on file in the City Recorder's office. TriMet General Manager Hansen is scheduled to meet with the City Council during the business meeting later tonight City Manager Prosser advised that Fairview has had a number of issues with TriMet over the years,and as a result, they have gotten Senator Monnes Anderson and Senator Morrisette to introduce a Senate Bill to change to way that the TriMet governing board is selected. Currently,the board is appointed by the Governor. Fairview has submitted legislation,which if passed,would change it so the board would be directly elected by districts. Fairview is looking for support for this legislation. City Manager Prosser said the City of Tigard needs to determine its position on this. The staff recommends that Tigard not support the legislation;we are working well with TriMet and we do not want to jeopardize this. City Manager Prosser noted that many of the issues outlined by Fairview in their letter are not issues of policies,rather these are operational issues. Mayor Dirksen TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of 19 • said the Council should not come to a conclusion tonight but to take some time to think about this matter. He suggested this be reviewed again in a week or so;i.e.,April 14. Councilor Buehner said Council members might have some suggestions regarding how the board members are recommended for appointment by the Governor. Track 5 City Manager Prosser reviewed the following administrative items with the City Council: > Fifth Tuesday Meeting at Tigard High School, March 31,2009 has been cancelled. > Joint meeting with Tigard-Tualatin School District and City of Tualatin will be held at 6960 SW Sandburg,Tigard. Mayor Dirksen and City Manager Prosser will be absent. > Joint Meeting with the City of Beaverton Council is set for April 7, and the City of Tigard is hosting. • Joint Meeting with the City of Lake Oswego has been set for May 26. City Manager Prosser advised a draft agenda has been identified. A bus tour before the meeting is planned (Library and the Downtown). If the weather is nice, the Mayor suggested the Councilors walk the Fanno Creek Trail to City Hall. In addition, if there is time the tour might include the Tigard Triangle. Mayor Dirksen reviewed some of the agenda items that might be brought forward for this joint meeting. > City Council agreed to a 6 pm start of the City Council meeting to accommodate an Executive Session on Labor Negotiations. > Councilor Sherwood, Councilor Buehner and Councilor Henderson advised they would attend the 100th birthday party for Curtis Tigard, Saturday,April 25, 1-4 pm in the Library Community Room • Council members were advised of the 135th Anniversary of the Tigard Grange planned for Saturday, April 25, Noon-6 p.m. at the Tigard Grange (13770 SW Pacific Highway), BBQ lunch, presentations, Cub Scout demonstrations, square dancing club, Scottish country dancing, and more. Council reviewed upcoming Budget Committee meeting dates. City Manager Prosser introduced the new Times Reporter,Christina Cooke. Study Session conduded at 7:06 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:.1O:! 1 PM 1.2 Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buchner ✓ Councilor Henderson ✓ Councilor Sherwood ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 7:31:42 PM 2. PROCLAMATIONS Mayor Dirksen issued the following proclamations: TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 4 of 19 • ! • • American Legion Month—March 2009 • Arbor Month—April 2009 The City is a Tree City USA and has been recognized by the Arbor Day Foundation for improvement • National Community Development Week — April 12-18, 2009 — Councilor Sherwood noted that the Senior Center and Good Neighbor Center were built with CDBG funds. The St • Vincent DePaul Food Bank near St.Anthony's Church was also built with CDBG funds. Two years ago, sidewalks on Hall Boulevards were constructed and the City was awarded funds this year for sidewalks on Frewing Street This program gets down to the local level where it is needed. 7:35:04 PM 3. CITIZEN COMMUNICATION: None 7:36:00 PM 4. CONSENT AGENDA: Mayor Dirksen reviewed the Consent Agenda: 4.1 Receive and File:Annual Solid Waste Financial Report 4.2 Establish Transportation Advisory Commission-Resolution No. 09-14 CREATING A TRANSPORTATION ADVISORY COMMI'1-1'EE (TAC) TO ACT AS AN ADVISORY BODY TO THE TIGARD CITY COUNCIL AND STAFF AND TO PROVIDE A VENUE FOR CITIZEN INVOLVEMENT OPPORTUNITIES IN TRANSPORTATION MATTERS AND INCREASE COMMUNITY AWARENESS OF TRANSPORTATION ISSUES THAT AFFECT THE CITY OF TIGARD 4.3 Approve Continuing Control Agreement with TriMet for Operation of Commuter Rail within the City of Tigard-Resolution No. 09-15 APPROVING A CONTINUING CONTROL AGREEMENT WITH TRIMET FOR THE WESTSIDE EXPRESS SERVICE COMMUTER RAIL PROJECT (WIISONVILLE TO BEAVERTON)WITHIN THE CITY OF TIGARD 4.4 Appoint City Center Advisory Commission (CCAC)Member—Resolution No. 09-16 APPOINTING ALEXANDER CRAGHEAD TO THE CITY CENTER ADVISORY COMMISSION, TO FILL THE UNEXPIRED TERM OF FORMER COMMISSIONER LILY LILLY 4.5 Approve Intergovernmental Agreement with Tigard-Tualatin School District for Safe Schools Grant Program 4.6 Authorize the City Manager to Sign an Intergovernmental Agreement with the City of Gervais Providing a lieutenant to be Interim Police Chief 4.7 Authorize the Submittal of a Transportation Growth Management (TGM) Grant Proposal for Greenway Trail Master Plan—Resolution No. 09-17 AUTHORIZING THE SUBMITTAL OF A TRANSPORTATION GROWTH MANAGEMENT PROGRAM GRANT PROPOSAL TO FINANCE A GREENWAY TRAILS MASTER PLAN 4.8 Approve Resolution Supporting the Submittal of a Transportation Growth Management (TGM) Grant Application by Metro for a Highway 99W Corridor High-Capacity Transit Land Use Plan—Resolution No. 09-18 TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 5 of 19 • SUPPORTING METRO'S APPLICATION FOR A STATE TRANSPORTATION GROWTH MANAGEMENT GRANT TO COMPLETE A HIGH-CAPACITY CORRIDOR LAND USE PLAN FOR THE HIGHWAY 99W CORRIDOR IN TIGARD 4.9 Local Contract Review Board—Award Insurance Agent of Record Contract Motion by Councilor Buehner,seconded by Councilor Sherwood,to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Absent Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes 5. ' - --- _ . . • � _ • Senator Burdick and&presentative Gakio will provide an update on the 2009 Legislative Session at the April 14, 2009, City Council meeting. 7:38:47 PM 6. ANNUAL MEETING WITH TRIMET GENERAL MANAGER, FRED HANSEN Associate Planner Roberts introduced the following TriMet officials: General Manager Hansen and Services Program Manager Kautz who were present to discuss with the City Council transit-related issues of concern to the City of Tigard. Highlights of Mr.Hansen's presentation included the following: • Summarized recent history of Tigard activity and noted challenges for the future. • This is his fifth report since the signing of a Memorandum of Understanding with the City of Tigard. 7:40:22 PM • Mr. Hansen,since his last meeting with the City Council,has toured the Tigard area. Dramatic changes have occurred. • Reviewed where new bus stop and shelter improvements have occurred. • Future possibility for a high-capacity transit system for Barbur Boulevard/Highway 99W • Reviewed the February grand opening of WES. There have been about 1350 riders per day and the goal,after the first year is for 1700 riders per day. • Reviewed new Park and Ride Opportunities • TriMet anticipates opportunities to be a partner in Tigard's redevelopment efforts. • Tigard area participated actively in the opening ceremonies for WES. • Reviewed some of the rhallenges accompanying the WES light rail. There has been a horn noise issue. A new horn has been installed. The function of the horn is controlled by the Federal Railroad Administration,so there is not much flexibility with regard to its operation. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 6 of 19 O • Referred to the economy and unemployment rate. Much of the TriMet budget is based upon the TriMet tax and those revenues are down. TriMet has instituted a 5 percent across-the-board reduction. • Referred to the Recovery Reinvestment opportunities and an upcoming public hearing. • TriMet expects to receive $44.7 million in stimulus dollars,which will be required to be used for capital projects. • $75,000 was spent on a storm pipe at the Tigard Transit Center. • Despite the downturn in the economy, there is a need to plan. Line 76 is on line for more frequent service. • Reviewed some anticipated service changes. Questions/Discussions The Mayor, Council and Mr. Hansen discussed activities leading to the opening of the light rail as well as efforts to convey to U.S.legislators the continuing need for financial assistance. Mr. Hansen noted Federal funding is usually for capital needs, not for operating expenses. He noted the strain TriMet is under with increasing ridership and decreasing revenue. Mayor Dirksen noted his appreciation for the good relationship between the City of Tigard and TriMet and said he hoped this would continue. C7. :55 PM QUASI-JUDICIAL PUBLIC HEARING—ZONE CHANGE ANNEXATION ZCA 2008-00005 MONTAGE TOWNHOMES ANNEXATION REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County (WACO) under the County's TO:R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right- of-Way. COUNTY ZONE: Transit Oriented Residential District. 18-24 units per acre (TO:R18-24). The intent of the transit-oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density(MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Centex Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 7 of 19 • • a. Mayor Dirksen opened the public hearing. b. City Attorney Bennett reviewed the procedures to be followed for this hearing. c. Declarations or Challenges—Mayor Dirksen asked the following questions: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Councilor Sherwood advises she drives by the property regularly. Councilor Buehner advised she drove to the site to determine its location. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?There were no challenges. d. Staff Report: Community Development Department Associate Planner Pagenstecher presented the staff report. No public comments were received prior to the hearing;however, staff received a request for a Chinese language interpreter. Staff attempted to contact the requestor to follow up,but did not receive a return call. Associate Planner Pagenstecher presented the staff report,which is on file in the City Recorder's office. The applicant received approval from Washington County for a 33-unit development on the subject site. When it came time to record the plat,it was discovered that there was a portion of the development in the City of Tigard. The County and the City agreed that the City would sign the final plat upon annexation. Staff contacted adjacent property owners to determine if anyone was interested in annexing. Four property owners were asked and none indicated interest. One hundred percent of the property owners petitioned;no voters are on the subject property. Associate Planner Pagenstecher reviewed the key findings: • The proposed territory is contiguous to Tigard City limits. • Urban services are available in a sufficient capacity to service the subject parcel. • The applicant/owner of the subject parcel has consented to the annexation by petition. • The proposed territory is within Metro's Urban Growth Boundary. • The proposed territory is within Tigard's Urban Service Area and Area of Interest. • The area is in the Metzger area, adjacent to the City of Tigard. Associate Planner Pagenstecher referred to a memo to the file to enter into the record. This is a March 20,2009 memo from Gary Pagenstecher,Associate Planner to"File: Montage Townhomes (ZCA2008-00005),Regarding Acknowledgement of County Land Use Upon Building Permit Application." This memo is on file in the City Recorder's office. The lots will be reviewed for building permits applying the County's zoning standards as approved and conditioned in the County land use decision,Case File 06-266-S/HRV/AMP. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 8 of 19 • S 8:13:10 PM Councilor Buehner asked about the zoning of the property. Associate Planner Pagenstecher referred to MUR 1 and 2 zones. The zone that applies is either the City's Comprehensive Plan or the zone matching the closest to the County's zone. In this case,part of the property is subject to the Washington County plan,MUR 1,which is a high-density (50 units per acre) designation. The south half of the property was originally zoned R-5 and currently R-18-24, under the transit-oriented development regulations. The corresponding zone to the County would be MUR 2. e. Public Testimony - Applicant 8:14:34 PM Jerry Palmer testified. He was representing Casa Terra,the owner of the property being considered for annexation. Improvements are in streets and utilities. They are going through a final punch list with the County. He said he would appreciate the Council's consideration to bring this property into the City of Tigard. They will proceed to construct 33 townhomes that are transit oriented. - Opponent Elizabeth Braam, 9315 SW Lehman Street,lives in a residential area close to the property in question. At the time this proposal was presented to the County,many of the neighbors testified in opposition mostly because the traffic these properties will generate will not go onto Hall Boulevard,but will go through the Metzger residential area. Now that this property will be annexed to Tigard, can that decision for the traffic flow be reconsidered? Mayor Dirksen advised that the only thing before the City Council tonight is whether the property will be brought into the City. The approval for the plat and the design has been completed and approved. The Mayor said he did not think the City Council would have an opportunity to readdress those issues. City Attorney Bennett responded for this annexation request,fundamental items for the Council to consider are the capacity of facilities and services. However,it would not be appropriate for the City Council,within an annexation procedure, to consider impact on neighborhoods and those types of issues. Mayor Dirksen said that if the City Council were to decide to deny the request for annexation,it would not change anything. The development would go forward regardless,with the access staying as it is now planned. In response to a question from Mayor Dirksen,Associate Planner Pagenstecher confirmed there is no access for this property to Hall Boulevard. There is an emergency access. The development access is 92nd Avenue. Ms. Braam said she did not understand why a right-hand turn would not be allowed when exiting this development. She asked if the City of Tigard will look at these details again after annexation. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 9 of 19 • • • Council members confirmed for Ms. Braam that the details for the development would not be reviewed by the City of Tigard. The development would go forward as agreed-to by Washington County. Councilor Buchner said that once a jurisdiction has made a decision and the appeal period has passed,then the decision is final. The City Council cannot"upset" a decision that another government has made. Mayor Dirksen said it is unfortunate that the street that will access the property is not within the City of Tigard. The City would not have an opportunity in the future to see what kinds of changes or improvements could be made to help facilitate a better traffic solution. 8:20:53 PM - Applicant Response Mr. Palmer explained that the original application was for direct access on to Hall Boulevard to service this development. The CPO and the neighbors attended the hearing. All who attended were "astounded" that this access was not allowed because a prior development plan did have access. As a part of the decision for this development,Washington County adopted a plan for a circulation that will provide for the street to go out to Hall Boulevard through the adjoining property to the east. This is a part of the record and decision for this development. Councilor Buchner asked if a street would access Hall Boulevard when Tax Lot 1000 (adjacent to the subject property) is developed. Mr. Palmer said when Tax Lot 1000 and 900 are developed this would occur. Councilor Buehner said because none of these properties are within the City, the City would not have any control over what happens regarding the future development of those properties. Mr. Palmer agreed and added, "unless they annex before they develop." Mayor Dirksen said it sounds as if there is some plan for future relief. 8:22:54 PM f. Staff Recommendation:Associate Planner Pagenstecher said staff recommends that the Council find the proposed annexation, ZCA2008-00005 meets all of the applicable approval criteria and recommends approval of ZCA2008-00005 by adoption of the proposed ordinance. 8:23:16 PM g. Mayor Dirksen closed the public hearing. h. Councilor Sherwood supported annexing the property. She said it helps to know there is the possibility of another access in the future. Councilor Buchner said she is sensitive to the neighbors'concerns about access in the interim period. Unfortunately, the neighbors are not part of the City;therefore, the options for the City Council are limited. She said she hoped that some of the neighbors would decide it would be in their best interests to annex in the future. In response to a question from Mayor Dirksen,Associate Planner Pagenstecher said he was not aware of any traffic calming applied to 92nd Avenue. Councilor Sherwood said she travels 92nd Avenue,and there is no traffic calming. Mayor Dirksen agreed with Councilor Sherwood that it is the City's policy that when owner's of parcels within the City's service area request to annex, the City Council is willing to do so. Mayor Dirksen added that the City Council recognizes its potential TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 10 of 19 • • responsibility to provide urban services as areas develop. Information shows that services are adequate for this annexation. He supported the annexation request. Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt Ordinance No. 09-03. City Recorder Wheatley read the number and title of the ordinance: ORDINANCE NO. 09-03—AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT OF WAY,APPROVING THE MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005)AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT City Recorder Wheatley conducted a roll-call vote of the City Council: Mayor Dirksen Yes Council President Wilson Absent Councilor Buchner Yes Councilor Henderson Yes - Councilor Sherwood Yes The motion was approved by a unanimous vote of City Council present. 8:26:30 PM 8. QUASI-JUDICIAL PUBLIC HEARING—FIELDS COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT (CPA 2008-00008/ZON 2008-00002) —CONTINUED FROM MARCH 10,2009 REQUEST: The applicant is requesting amendments to the Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designation and Zoning Classification for one parcel (approximately 25 acres) from Light Industrial (I-L) to Medium High Density Residential (R-25). The parcel is located east of Hall Boulevard at the dead end of Wall Street. Surrounding properties are zoned I-L to the north and south,R-12 to the west,and I-P to the east across the railroad tracks. LOCATION: The site is vacant and has no address. It is located east of the Hall Boulevard and Wall Street intersection, east of Fanno Creek and west of the railroad tracks. Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Light Industrial to Medium-High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals 1, 2, 6, 7, 9, & 10 of the updated Comprehensive Plan, and Policies 3 and 8 of the previous Comprehensive Plan; Metro Functional Plan, Titles 3, 4, 7, and 13, and Statewide Planning Goals 1,2, 5, 6, 7, 9, 10, 11,and 12. a. Mayor Dirksen announced this is a continuation of the public hearing that was opened on TIGARD CITY COUNCIL/LCRB MINUTES—March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 11 of 19 . • March 10,2009. The process tonight will be limited to an opportunity by the applicant to rebut previous testimony at which time the public record and the public hearing will be closed followed by the City Council deliberations. b. Hearing Procedure Statement—City Attorney Bennett confirmed that the statement above by Mayor Dirksen is adequate with regard to informing the public regarding the procedure for the hearing. It is clear that this has been before the City Council a number of times previously and the procedure was read into the record previously. Any person who has a right to be here tonight has heard the procedure. The City Council will listen to the rebuttal and staff comments followed by the City Council deliberations. c. Declarations or Challenges—Mayor Dirksen asked the following questions of the City Council: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? None reported. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?There were no challenges. d. Staff Report: Associate Planner Gaines presented the staff report She recapped the hearing process to date: - The initial hearing was on February 24, 2009. At that hearing,the staff presented the staff report and the Planning Commission's recommendation. Testimony was heard from the applicant and representatives. The hearing was continued to March 10, 2009. - On March 10,2009, staff gave a recap of the process. Council acknowledged its review of the staff's written response to the applicant's testimony. There were no questions of staff at that time. Mr.John Frewing spoke in opposition of the proposal during the public testimony portion of the hearing. A continuance was requested by the applicant and was granted. The hearing was continued to March 24,2009. - The applicant's final written rebuttal was submitted to the Mayor and City Council on Tuesday, March 17, 2009. - The applicant has requested a Comprehensive Plan Map and Zoning Map amendment,both of which require compliance with the City's Comprehensive Plan Goals and Policies. - The Comprehensive Plan is important because it is the tool that guides decision makers on land use policy and Tigard's future. The applicant has not shown how the proposal is consistent with a number of these Comprehensive Plan Policies and Goals;in particular, the Economic Development Goals and Land Use Goals. - Staff has offered to the applicant the legislative process,which is a means to review the site's designation. This would be a process that would take a look at the site's designation through a citywide process and considers what is the proper zoning designation for that site;i.e.,light industrial,R-25, or something different. - The State opposes this proposed amendment and the Planning Commission recommended denial. - Staff would find it difficult to write findings in support of this proposal. The staff continues to recommend denial of the proposed Comprehensive Plan Map and Zoning Map amendment. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 12 of 19 • 8:30:47 PM e. Public Testimony Mayor Dirksen noted the City Council received written rebuttal from the applicant. He asked if the applicant or the representative wanted to make an oral statement. 8:30:54 PM - Applicant Applicant representative Phil Grillo, said the applicant has had an adequate opportunity to present their case and to provide the City Council with a detailed, but focused,rebuttal that will help the City Council with its deliberations. He advised he and his associates would remain available should the City Council have questions. 8:31:44 PM f. Mayor Dirksen closed the public hearing. g. Council Discussion and Consideration: - Councilor Henderson said this was a difficult decision. He referred to the history of the last 30 years associated with this property. He said he believes there are certain items that have convinced him that to leave this as an industrial parcel would not be in the best interest of the City. He said he does not believe he could rule to leave this as industrial especially after all that Fred Fields has done, over time, for the City. - Councilor Sherwood referred to her review of the information and past hearings regarding this industrial property. Things change. She said that as the Comprehensive Plan is reviewed, she suspects that this property would have been rezoned residential. She advised of her concern with residential area near the floodplain and the liability of changing the zoning. Her concerns have been addressed. She said she is leaning towards allowing housing for this property because of all the changes that have occurred in the area. - Mayor Dirksen noted the City Council has received a list of options by staff. One of those options would be to not accept the Commission's recommendation and move to designate the property as residential. Councilor Sherwood confirmed that this is what she is considering. - Councilor Buehner said this is a difficult situation because of the issues involved for this particular parcel. However,making a decision of this sort requires a tremendous amount of evaluation and an opportunity to look at the"big picture." The City is currently undergoing periodic review. She said she thinks this property should be rezoned,but the appropriate venue for that to occur is in conjunction with periodic review. Councilor Buehner advised she would support the Planning Commission's recommendation. - Mayor Dirksen asked for clarification from Councilor Buehner. He noted that one of the options proposed by staff would be to deny the request,but then direct staff to evaluate through the process whether the site should be zoned residential. Councilor Buehner confirmed that this is the option she favors,because of the need to look at the bigger picture. One of the issues involves access and there are serious issues for the type of development the applicant is considering. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 13 of 19 • • - Mayor Dirksen agreed with Councilor Henderson when he said that this is not an easy decision. Mayor Dirksen said he has reviewed this proposal from all angles. Regardless of the decision made tonight and the choice Mr. Fields makes based on that decision, this will be a difficult and expensive parcel to develop whether it is industrial or residential. For that reason and for the obstacles that have been placed in the path of this piece of property in the past,Mayor Dirksen said he thought it would be imprudent and probably dishonorable to put more obstacles in the path. Considering whichever way to proceed with development,Mr. Fields will still be required to meet all of the Code requirements and limitations placed on the property because of its location and the difficulty with access. Mayor Dirksen said while he appreciated Councilor Buehner's thought that this needs to go back through a legislative process, as a Council,he believes the members can either decide whether this is a good idea or a bad idea. "I don't know that we need to ask someone else to make that decision for us." - Mayor Dirksen noted concern with the staffs comment that they would find it difficult to make findings for changing the zoning. However,if this were to go through a legislative process and the conclusion was that the zoning should change, then they would need to make those findings at that time regardless. He said he was inclined to make the decision tonight and find in favor of the applicant's request. Motion by Mayor Dirksen not to accept the Commission's recommendation and that we move to "re-designate" the property as residential as proposed and ask staff to develop findings in support of that amendment. City Attorney Bennett addressed the Mayor. He said one alternative the Council might have if it wanted to respond to the staffs concern about findings,would be (if the City Council was inclined to approve this) to ask the applicant to prepare the findings. The applicant would prepare the findings and submit them to the City Council for consideration at a subsequent City Council meeting. City Attorney Bennett said he suspected the applicant probably feels that they can write findings. This would place the burden on the applicant,who has asked the City to make this change, to prepare findings that they believe can support the decision that they have asked you to make. Mayor Dirksen said he amended his motion to ask the applicant to prepare findings. City Attorney Bennett said the question would then be, "When should they come back to the City Council with findings?" City Manager Prosser said it appears that April 28,would be a good date for the City Council to consider the findings. The applicant will have the findings submitted to the staff by April 7,2009. Associate Planner Caines advised there were some conditions that would need to be addressed. One of which is the change of the Metro Title 4 map designation of employment lands. There should probably be a condition that this map be amended. Attorney Grillo said he did not believe this was consistent with what Metro was saying. Residential is permitted in the employment designation under Title 4. Associate Planner Caines said, and Attorney Grillo agreed, this is currently designated as employment lands. Attorney Grillo suggested that the condition could be, "That to the extent Metro would require a modification of Title 4 map, that such a modification would be required." TIGARD CITY COUNCIL/LCRB MINUTES—March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 14 of 19 • • • Mayor Dirksen clarified that findings could be completed by April 7, but there could be further processes that would take place after that. Attorney Grillo agreed. Associate Planner Gaines noted another condition recommended by Oregon Department of Transportation (ODOT). If the application was approved, ODOT recommended a trip cap of 352 trips. In response to a question from Mayor Dirksen,Attorney Grillo said that the trip cap would be included in the findings but the City Council would want to have it as part of their order to defer to the City Attorney. City Attorney Bennett advised that, "What would happen is, they will submit their proposed findings by the 7h. Staff could then respond with any proposed conditions that would need to be imposed as part of that decision." Mayor Dirksen said there will be some access issues and perhaps some questions on how many units will be allowed. 8:43:53 PM Community Development Director Bunch agreed that any Metro requirements dealing with Title 4 is something that the applicant would be responsible for pursuing. One of the concerns by staff for writing findings,is to develop supportable findings from staff's perspective,it would require a lot of work and they appreciate that the applicant will be proposing the final findings. Mayor Dirksen said there is a motion on the table. Councilor Henderson seconded the motion. The motion was approved by a majority vote of City Council present: Mayor Dirksen Yes Council President Wilson Absent Councilor Buehner No Councilor Henderson Yes Councilor Sherwood Yes 8:44:59 PM 9. DISCUSS BUILDING DIVISION BUSINESS PLAN PROGRESS AND DIRECTION Finance and Information Technology Director LaFrance and Building Official Blalock presented the staff report Mr.LaFrance referred to work being done among staff regarding fiscal and workload difficulties in the Building Division. Staff has developed a business plan. The goal of the plan is not just to show where revenues and expenditures don't meet and then do an across-the board adjustment Staff looked at individual City building services and how they are funded to determine how to line up a stable and fiscally viable Building Division and Building Fund for the City. Tonight,staff will seek direction from the City Council on key parts of the Building Business Plan. Staff is requesting assistance in three areas: 1. Who will provide building services for the City of Tigard? 2. What is the quality of the services to be provided to the building community? 3. How are the services to be funded? Staff reviewed a PowerPoint presentation with the City Council. A copy of this presentation is on file in the City Recorder's office. - A general schematic of a business plan model was reviewed. - Service options were outlined. (Slide 4). TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 15 of 19 • • - How services are delivered was reviewed. (Slide 5). - Historical service levels were reviewed (Slide 6) - Service level assumptions were reviewed(Slide 7) - Service level options were reviewed (Slide 8) Finance and Information Technology Director LaFrance said he would like to pause at this point of the presentation for feedback from the City Council. He advised that Building Official Blalock thinks that the Building Division can push beyond the historical level of providing 12 inspections per inspector per day. The number of inspections could be brought up to 15 because of technology improvements and more efficient, experienced staff. Councilor Sherwood asked if the inspectors have computers on site with them. Building Official Blalock advised that staff is moving toward more of a paperless system. Before the inspectors leave in the morning, they need to take some time to determine their day's route. A lot more of the office work is being done in the field. Inspections are no longer filed with paper;they are filed electronically. Those records required to be kept permanently are printed and then microfilmed. She noted the unknowns regarding what might happen in the field. For example,an inspector is scheduled for a job,but the job is not ready for an inspection,which means the inspector will have to return. This might mean that 12 inspections are scheduled,but one or two of them would be repeat inspections. Finance and Information Technology Director T aFrance agreed with Councilor Sherwood. He said what the service level options is "getting at"each piece of work that the City performs and each type of permit has an average number of inspections. This average number includes needing to return for re-inspections. Staff is trying to develop `within a given day,what level of service do we want to provide?" Finance and Information Technology Director LaFrance said,historically staff has spent about 25 minutes for every inspection on site. Staff believes the inspections could be done within the 20-to-25 minutes range, thereby performing 12-15 inspections per day. There are jurisdictions that do more inspections per day than what the City of Tigard has done. Too many inspections per day will compromise the quality of inspections and the ability to perform"next day"inspections cannot be done on a consistent basis. The work does not come in evenly;some days more inspections are requested than others. In response to a question from Councilor Sherwood about what is being asked of the City Council,Finance and Information Technology Director LaFrance said staff is seeking direction about the comfort level for delivery of service. Staff will be returning during the budget process with the findings of the business plan along with the recommendation contained in the business plan. The business plan will be shaped by the comfort level articulated by the City Council. Councilor Buehner noted she has had clients who have experienced a high rate of problems with the increased number of inspections-per-day performed by the City of Beaverton. This is a concern that if the number of inspections are pushed significantly,that in the end a problem will be created with poor quality inspections. She asked if all of the City's inspectors are cross-trained;ie.,can they do plumbing,gas,etc.inspection? Finance and Information Technology Director LaFrance said the inspectors are cross-trained with the exception of Type A electrical. Only one person on staff can do the Type A electrical inspections. Building Official Blalock clarified the areas of cross training of the inspectors noting there is good coverage with the inspectors doing a variety of inspections. Temporary assistance is procured when the A-level electrical inspector is on vacation. Finance and Information Technology Director LaFrance confirmed for Councilor Henderson about the time allocated for inspections (drive time plus inspection time of 25 minutes) as well as administrative paperwork time. Councilor Henderson shared that in his experience as a builder,he thinks that 12 inspections per day is low and that 15 inspections would be a reasonable number to accomplish per day. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 16 of 19 • • Mayor Dirksen noted agreement with Councilor Henderson. While he did not think that 20 inspections per day was desirable for a consistent number. A reasonable amount of time would probably be 10 to 15 minutes per inspection. Mayor Dirksen said that the idea of relinquishing building services from the City of Tigard to another entity was not the way he would want to proceed. It is not a question of service capability;rather,it has to do with a community view of what appropriate service is. Every community has a different view of what that is. One of the things that makes Tigard unique,is because we have our own view of what community service is and he was hesitant to give it up or even share it with another city. Mayor Dirksen said he thought that the service could be geared up a little more to make it more cost effective. Councilor Buehner noted there were a number of commercial applications underway in the Tigard Triangle. She referred to the parcel just annexed that will have 43 units. It appears there will be a pick-up in the building activity in the next few months. She noted concern about cutting back too much so that we are not able to provide the services required in the next few months. Mayor Dirksen said the City has had to downsize this department because of the economy and the lower needs. We are now at a point in our staffing where we cannot go any lower and have a viable department,which is part of what is leading to this question for maintaining service. Mayor Dirksen noted there has been a constant flow of development in the Triangle area even during this period of a slow economy. He anticipates this will continue. Building Official Blalock described how some inspections take longer—those that require a time test and then there are the times that homeowners need to have questions answered regarding how a project must be done to be approved for an inspection. Finance and Information Technology Director LaFrance continued his review of the PowerPoint slides: - Cost of Service (Slide 9) - Division Expense (Slide 10) Funding issues were the next area reviewed by Finance and Information Technology Director LaFrance: - Funding Questions (Slide 11) Staff requested Council direction regarding whether the Building services should pay for itself through fees. Councilor Buchner said the question she would ask is,"Over the last ten years or so,have the building fees been paying the cost of service..."—what have the fees covered? Finance and Information Technology Director LaFrance responded that what has happened,in general,is that we are required to have a building fund. The building industry is concerned that building fees might have been paying for items other than those that are building-related. We looked at the building fund and verified that building fees have been paying for just building services. The City of Tigard was able to build up some fund reserves and those are being used now to help pay for Building's share of the Accela software system. What we have not been able to say is whether the funding is aligned appropriately to the services provided. As part of the business plan,we need to align those fees so if there are fluctuations we will be able to pay for requests for services in the future with the fees in place. Mayor Dirksen addressed the questions posed by staff: TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 17 of 19 • • • • - Does building pay for itself through fees? Answer Yes,in general—over the long term. Revenues fluctuate and expenses do not. On average,fees would pay for building services. - Funding Alternatives? Answer: In the short-term, there are other departments in a different point in the cyde, so theoretically we would generally see revenue across the board being adequate for expenses across the board. Longer-term funding alternatives are another question. For the short- . term,you would need to look at different funds to support each other at different points in the cyde. Funding possibilities should include the use of reserves;otherwise,it will be subsidized by someone else when those reserves are needed. - Should some fees be set below the cost of service? Answer: This would depend. Mayor Dirksen asked if one group would be penalized on a regular basis to subsidize a different group? On the other hand,are you looking at the same people who are paying fees for both things, so it would average out in the end? Finance and Information Technology Director LaFrance responded that the answer is: "Yes." He went on to explain that staff could come back to the City Council with some suggestions of places where there might be some life-safety issues,where we would want to make sure that the inspection is affordable relative to the cost of the improvement being made and relative to the importance of life-safety (ie.,making sure that a gas hot water heater is appropriately connected to the gas line). Whether this means penalizing commercial over residential—that's part of the policy discussion that is needed once we have the results of the building plan. Fine-tuning would then be needed to come up with what the City Council feels is an appropriate balance. City Manager Prosser asked for clarification from the Mayor. He referred to Mayor Dirksen's statement that building should pay for itself on average. He asked that if we were in a situation where it needs to pull from the General Fund,would the Mayor envision that this would be a loan? Mayor Dirksen said he was thinking in terms of a loan and referred to the private enterprise model. Every small business has issues of cash flow and you generally have an account with a lending institution from which you could borrow money on a regular basis,which is paid back when things are good. Councilor Buehner asked if the fees would be set at a level to provide funding for a reserve account. Finance and Information Technology Director LaFrance said staff is,interested in exploring having fees that not only pay for the direct service and overhead but also has a small margin to fund a reserve. Councilor Buehner and Councilor Sherwood said this seemed to be a given conclusion. 9:21:41 PM Finance and Information Technology Director LaFrance continued with the PowerPoint presentation: - Building Fees (Slide 12) - Division Revenue (Slide 13) - Alignment of Expenses and Revenues (Page 14) 9:23:04 PM Finance and Information Technology Director LaFrance reviewed the next steps (Page 15). He recapped that what he heard from Council was: - We are interested in maintaining local control of building services. - We would like to target about 15 inspections per inspector per day. - Building fees should pay for building services in general. It is all right to pursue recommendations about policies for reserves. It is also all right to pursue making recommendations about places where we might to have fees set below the costs with offsetting fees above cost. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 - City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 18 of 19 • • 9:24:56 PM Councilor Buehner asked if there was any movement to continue to pursue inspector cross training so there would be the efficiency of being able to perform multiple inspections at one time. Building Official Blalock said cross training is offered to the inspectors. He shared that one inspector is close to receiving his electrical certification. Becoming certified requires extra study time but it is also rewarded with increased certification pay. 9:26:00 PM 10. ADJOURNMENT Motion by Councilor Sherwood,seconded by Councilor Buehner,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Absent Councilor Buehner Yes Councilor Henderson Yes Councilor Sherwood Yes ecefrk at Catherine Wheatley, City Record Attest: Mayor, ityof Tigard Date: ' 0 6 1 I:\ADM\CATHY\CCM\2009\090324 final.doc TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 19 of 19 120 DAYS =N/A DATE OF FILING: 3/25/2009 tz DATE MAILED: 3/26/2009 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: ZONE CHANGE ANNEXATION (ZCA) 2008-00005 Case Name: MONTAGE TOWNHOMES ANNEXATION Applicant's Name/Address: Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 Owner's Names/Addresses: Casa Terra,LLC By Alpha Community Development PO Box 1082 Clackamas,OR 97015 Addresses'of Properties: 9325 SW Hall Boulevard Tigard,OR 97223 Tax Map/Lot Nos.: Washington County Tax Assessor's Map No. 1S126BD,Tax Lot 01100;and Adjoining Right-of-Way. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION(ORDINANCE NO. 2009-03) THE CITY OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANT'S PLANS,, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE CITY COUNCIL HELD THE PUBLIC HEARING ON THIS ITEM ON MARCH 24, 2009 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Action: > Annexation of approximately 2.03 acres of property,plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07- acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. ON MARCH 24, 2009, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2009-03). County Zone: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24).. Equivalent City Zone: MUR: Mixed Use Residential Districts. MUR 1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR 2 (southern half of the property) is most similar to the County's TO:R 18-24 zone. Applicable Review Criteria: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14;ORS Chapter 222;and Metro Code Chapter 3.09. Action: > © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON APRIL 23,2009. 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 to appeal with the Oregon Land Use Board of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at 503.639.4171. r ti • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2009- 03 AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE MONTAGE TOWNHOMES ANNEXATION (ZCA2008=00005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on March 24, 2009, to consider the annexation of one (1) parcel Washington County Tax Map (WCTM) 1S126DB, Tax Lot 1100) of land located on SW Hall Blvd and adjoining right-of-way, and withdrawal of said parcels from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on March 24,2009; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 09- D Page 1 III • NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2008- 00005) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By (Arlan)m"iOLtS vote of all Council members present after being read by number and title only, this �4 day of ` ffl c ,2009.C athy Whelddey, City Recorder APPROVED:By Tigard City Council this a`V - day of .-KA 2 , 2009. J rie/ Craig ID ksen,Mayor Approved as to form:IF •r7 . ``A r if n Ci Atto:l i/z94,e,k, 4Q14) at2c. Date ORDINANCE No. 09- o3 Page 2 EXHIBIT A ZCA2008-00005 MONTAGE TOWNHOMES ANNEXATION { 4 ANNEXATION LEGAL DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 26,Township 1 South, Range 1 West of the Willamette Meridian,Washington county, Oregon being a portion of Lot 5 and all of Lot 6 Cedarbrook Farm described as follows: Beginning at the southwest corner of Lot 6 Cedarbrook Farm; Thence N 2° 06' 51" E, along the westerly line of said Lot 6, a distance of 122.84 to the road vacated in Fee no. 88-43089 of the Washington county Deed records; Thence S 87° 53' 09"E, along said vacated road, a distance of 20.00 feet; Thence N 2°06' 51"E, along said vacated road, a distance of 343.27 feet to a point 30.00 feet southerly of the center line of SW Hall Blvd; Thence N 62° 56'30"W,parallel with the center line of SW Hall Blvd, a distance of 22.06 to the northwest corner of Lot 5 Cedarbrook Farm; Thence N 2° 06' 51"E a distance of 33.09 feet to the center line of SW Hall Blvd; Thence S 62° 56' 30" E,along the center line of said Hall Blvd,a distance of 168.66 feet to the extension of the east line of Lot 5 Cedarbrook Farm; Thence S 2° 06' 51"W,along the east line of said Lot 5 and the extension thereof, a distance of 251.51 feet to the north line of lot 6 Cedarbrook Farm; Thence S 88° 59'48"E, along the north line of Lot 6 Cedarbrook Farm,a distance of 143.91 feet to the NE corner of said Lot 6; Thence S 2° 06' 51"W, along the east line of said Lot 6, a distance of 182.78 feet to the SE corner of said Lot 6; Thence N 89° 01' 09"W a distance of 296.87 feet to the point of beginning; • Containing 91437 square feet,2.10 Acres. • • • 4 • • EXHIBIT A n8-/Q8 .:1008 14:48 IFAX ,_1. ;.t ./!- ---------,,, 500 „.:Qty \` �� 30D-A1 � 1 n� 1.85 AC y ,S 1 i G^O �i;/� %210 AG w m \I^'-tom'. h o �� \ I 1 n uL m I. r /� ' <_��/ 210C `fir k.� o_e.e •tit { - a 'ti_ ,1114t \ 2000 '+'7-Z} 11 1 1S6( 23m e,r--2. 1 ;� e6o }tlt\.. ....... ---------„....j ,A . ,,,.. ,, .., ...., ..; 9 EASEMENTS 90.20681 Tee, t}i}1,1 j 4q • jj O T6 -c �� t �\ ti1v 1„ \ 2800 3 m. 5 ,,,,... • 4.70 AC C� AyW : 10$0 a0 A - 5 ' `� I ' > } 1 .61 AC c" a 4 co CI) -f 1100 <� (i) —204 AC - tl 143.01 1 ~( .: S soo r 3 t ,°, .91 AC 0 220.00 _ le � 6 <� L' 2900 2 .52 AC z1VSO 00' N097-01-08W - p, o 89-33392 e `EAST .m ```1IS12&1C• r^ N'• . 80Q' 60' • ',1126DCr t"t 800 '<''1Sr26D9'• ;� `3T9720QQ'< ", eTOd, 1." M .e000 --al1 CHICAGO TITLE "This plat is for your aid in locating your land with reference to streets and other parcels. . While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon" Map No.1S126DB 01100 CHICAGO TITLE INSURANCE COMPANY • 10135 S.E.SUNNYSIDE ROAD Suite 200 CLACKAMAS,OREGON 9T015 MONTAGE TOWNHOME S ANNEXATION . . • • Z CA2008-00005 Red Tail Cod Course , .. ' - -- - -• ' I:--1 r-----'—'-----ri . 8880 I II ts,„. ,,••• j L______ .1 . . ..•• • . ..... . , • 9':L 1 1-4 6 I L1-.J. I 8860 BEAVERTON • 1 :..i 10 r 9160 oe __ 1—.--' --% '.- . 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TIGARD 1 9425 . • ' . . 9ASS 9499 91359475 75 . . GORMART .IN IN ----------- i 9305 • .. .. . , . .. , , 9520 9510 9530 9550 , 9500 ., "418927 I • 9500 -- • 9515 . ., :7_1 I • .• --... I 9565 • ill 95609512 ' MAUI GT 9505 - I • 9511 •.. • > i . 9565 899(18916 8934 8920 954,3 . 0 . 9516 9535 Ill . ' " "- • • •' ¶9589 96.1b g 9570 95/5 141 9580 9684 ---....._ , <> • 0)" -. .. . . ..,.. _ 1- 9115• • . CC ...t 9600 tri a. OSSO 9165 (r) z • ‘1 9611 9635 9145 9135 9126. 1-• ' 9055 b_ 9620 )-96I6 " 8895 8865 • 9560 • 0) 01 • en Cr 9632 1E14 9640 ' - ' - - - - • ' • .. .. . ... .. .. ... . ' . • 0 .. __ . _ ... BORDERS ST a . . . ._. .. .. - o-■=219ft • Crescent Grove Cemetery 1-----. i 9665 ......, , . i . .9070 ' 9685 ' 9690 8930 i ed TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and ' e consent to,Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO-Property Owner RV-Registered Voter PAGE 1 OF I OV-Property Owner&Registered Voter i I AM A PROPERTY DESCRIPTION di SIGNATURE PRINTED NAME PO RV Ov ADDRESS Township/ Map Tax Lot Precinct D _ L_ Section Number Number Number `-/AV":Lr\�.A l Lf.-L=ItL:c_.. 1430 50'M* R '44aD o 4) • W 2.0A43 I10C) g2 0: 1 In . l t.,t04 „ .. ■l I .I it • i • ■ I t rri i _ - Ii H .\ 5 .k 2k5,..,' %....„cs\\co 4 <- ,,,, %-2Az ,k D � A.v � L\'curon\masters\revised\anxpetn.mst 28-J2 • • EXHIBIT D Hearing Date: March 24,2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON ( iTR1)T 120 DAYS = N/A . SECTION I. APPLICATION SUMMARY FILE NAME: MONTAGE TOWNHOMES ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00005 APPLICANTS/ APPLICANT'S OWNERS: Casa Terra,LLC REP: Tom McConnell 7637 SE 29th Avenue TMC Planning Portland, OR 97202 2423 NW Sayler Street Portland, OR 97210 PROPOSAL: A request to annex an approximately 2.03-acre property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work, including streets and utilities, for the subject property's 33-lot subdivision is approximately 90% complete. LOCATION: 9325 SW Hall Blvd, east of Greenburg Rd.; Washington County Tax Map (WCTM) 1S126DB,Tax Lot 01100. CURRENT ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24) The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one- half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 southern half of the property) is most similar to the County's TO:R-18-24 zone. MONTAGE TOWNHOMES ANNEXATION -- ZCA2008-00005 PAGE 1 OF 8 • • APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), Goal 11.3 (Policy 6), and Goal 14 (Policy 1-4); ORS Chapter 222; and Metro Code Chapter 3.09. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00005) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1-4. Therefore, staff recommends APPROVAL of ZCA2008-00005 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION Washington County approved a 33-lot subdivision on the subject property (WACO Case No.06-266- S/HRV/AMP) under the TO: R-18-24 zone and subdivision standards. As of the date of this application, site work, including streets and utilities, is approximately 90% complete. When the applicant recently submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed by the City in 1987 (portion of a vacated right-of- way) and would not final the plat. To solve this problem, the City and County agreed to both sign the plat upon annexation of the remainder of the subject site. The proposed annexation includes one (1) parcel and adjoining right-of-way on SW Hall Boulevard and SW 92ad Avenue. The total area proposed for annexation is 2.10 acres.. The subject parcel is 2.03 acres and the proposed right-of-way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the proposed annexation area. The applicant/property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore, 100% of property owners have petitioned for annexation. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 2 OF 8 • • 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormwater management,water supply and distribution, wastewater management, community facilities, and private utilities. In addition the comprehensive Plan Glossary includes public safety, parks, and transportation. Each service is addressed below. Washington County approved a 33-lot subdivision on the 2.03 acre property under the County's TO: R- 18-24 zone and subdivision standards (WACO Case No.06-266-S/HRV/AMP). Water — TVWD. Tualatin Valley Water District is the current service provider for the subject property and would remain the service provider upon annexation. Sewer = Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County approval to have determined that the capacity to provide retail revel sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Drainage — Clean Water Services. Clean Water Services is the current provider of stormwater services. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County land use approval to have determined that the capacity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Streets — City of Tigard Engineering Division. The subject property is located north of and at the terminus of SW 92nd Avenue, a County road. The property is located south of SW Hall Blvd, a state road. The Montage Townhomes subdivision approval through Washington County includes an internal private street. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the annexation would not affect City streets. No change of jurisdiction applies to this annexation as only small adjacent portions of each street are included in the proposed annexation territory. Police —City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to the December 17, 2008 email to Tom McConnell, the applicant's representative, from Jim Wolf,Public Information Officer with the Tigard Police Department, the City has no issues with the project. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue'sF&R's) service area. The TVF&R District currently provides services to the entire area, both inside and outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard. Parks—City of Tigard/Metzger LID. According to the Tigard Urban Services Agreement, The City is designated as the provider of parks within the Urban Services Area and is a joint provider of services within the Metzger Park Local Improvement District (LID). Actual provision of services depends on annexation of territory within this service area, subject to the City's Park System Master Plan. The annexation of the subject property does not affect the Metzger Park LID. Based upon this review, staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service to the proposed annexation territory if developed to the most intense use allowed and will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 3 OF 8 • • 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 6, 2009: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 9352 SW Hall Blvd. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 2, 2009. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the East area on February 6,2009. Staff finds that this policy is met. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The applicant's land use approval from Washington County shows the project's storm sewer is served by Clean Water Services in SW 92"d Avenue. Therefore, this policy is met. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The applicant's land use approval from Washington County shows the project's sanitary sewer is served by Clean Water Services in SW 92nd Avenue. Therefore, this policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed below in the findings for Section 18.320.020.C. In acdition, see Table 18.320.1 on the following page: Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. Capacity has been addressed above, consistent with this policy. Policy 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed below, staff finds that the provisions of ORS 222 have been met, consistent with this policy. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 4 OF 8 • Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Pursuant to the City's annexation policy, the City invited adjacent property owners to join the annexation. No property owners responded to the City's invitation. The proposed annexation is located on the northern boundary of the City and would not create an unincorporated island within the City. Public services are available as reviewed and approved through the County's land use approval for the subject property and as determined in this report regarding service availability and capacity, above. The Washington Square Regional Center Plan zoning designations will be applied to the subject property on annexation Chapter 18.320.020.0 Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. The controlling zoning map for the subject parcel is the 7/9/98 Washington Square Regional Center Study Zoning/Plan Designations Draft map (Exhibit C, Ordinance 00-18), which is consistent with the Comprehensive Plan and Zoning Designations map (Washington,Square Regional Center Plan, September 1999, Page 36),which shows a split zone on the subject property: MUR-1 (WSRCP) on the north and R-5 (WACO) on the south. All of the subject property is currently zoned TO:R-18-24 (WACO). The County's Transit Oriented R 18- 24 zone permits median density, primarily attached, residential development. The City's MUR-2 is moderate density and is most similar to the TO:R-18-24 zone. The City will apply the Washington Square Regional Center Plan zone, MUR-1(50 units/acre), to the northern half of the property because it would implement the City's comprehensive plan map designation. The southern half of the property will be converted to MUR-2 because it is most similar to the County's zone. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing; the City mailed notice on March 2, 2009, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009 public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore,in compliance with state planning goals. 2.Any federal or state statutes or regulations found applicable; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 5 OF 8 • ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city 45 days prior to the hearing. The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is contiguous to the Citr's boundary. The City has acted on its own motion to annex the right-of-way on SW Hall Blvd and SW 92 d Avenue,which adjoins the subject properties. The City mailed notice on March 2, 2009, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009 public hearing and posted the hearing notice for public view on February 6, 2009 in the Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW Hall Blvd. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 9, 2008 for a March 24, 2009 hearing). Staff has determined that the applicable METRO regulations (Metro Code .3.09.040(b) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report,urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area, including the Metzger/Progress Community Planning Area. The Tigard Urban Service Agreement is between the City, County, Metro, and the service Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role, -provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area (TUSA). These services are addressed above at the beginning of this report. As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006) and TUSA (2006). MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 6 OF 8 c • • (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; • As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District upon completion of the annexation. (5) The proposed effective date of the decision. The ublic hearing will take place March 23, 2009. If the Council adopts findings to approve ZCA2008- 00005, the effective date of the annexation will be 30 days later on,April 24,2009. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the roposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006)). The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 7 OF 8 The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006),which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable state and local laws and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable provisions of the Tigard Development Code. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and provided comments in a December 19, 2008 email from Brian Rager which identifies that sewer and storm services provided to the subject property come from Washington County unincorporated territory and are provided by CWS;water is provided by TVWD; The City of Tigard Police Department Public Information Officer, Jim Wolf, commented that the Department has no issues with the project. The City of Tigard Engineering Division Engineer, Greg Berry, commented in a December 19, 2008 email to Tom McConnell, applicant's representative, that the annexation would not affect City streets. SECTION VIII. AGENCY COMMENTS Tualatin Valley Water District (TVWD) Senior Engineer Stuart Davis commented that the District had no objections to the annexation. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet and all interested parties on February 6, 2009. As of the date of this report, staff has not received any written public comments. March 5, 2009 PREPARED ,a y Pagenstecher DATE Associate Planner MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 8 OF 8 • AGENDA ITEM No. 7 Date: March 24, 2009 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY o SIGN—UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ZONE CHANGE ANNEXATION:(ZCA;),,,,2P08=0.0005 - MONTAGE "TONVINTIIOMES ANNEXATION-- . „ „ • REQUEST:„A request to annex approximately 2.03 acres of property,plus right7of7way on SW Hall *, Blvd and SW 92nd Avenue (07-acres) to the City of Tigaia The subject 2.03-acie property received land,use approval from Washington County (WACO) under the County's TO R-.18,24 zone and subdivision standards on September 22,2006 (WACO Case No 06-266:-S/FIRV/AMP) Site work for - the subject property's 33-lot subdivision is approximately 90% completed LOCATION:' 9325 SW Hall Boulevard,east of SW GreenbUrg Road;Washington County Tax Assessor's Map-.IS126DB,Tax Lot 01100,plus Adjoining Right--of-Way.'COUNTY ZONE: Transit--Oriented Residential Distnct ° -18-24 units per acre (TO:R18-24).- The intent of the transit oriented districts' is to ..direct-and encourage - development that is transit supportive and pedestrian oriented: in areas within approximately one-half mile of light rail. transit stations, within one-quarter mile of existing and , planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which'(1) has a sufficient density of 'employees, residents or users to be supportive of the type of transit provided to the area; (2)generates a relatively high percentage of trips_serviceable by transit; (3) cont2lnc a complementary mix of land uses;'(4) is designed to encourage people to walk;ride a bicycle or use transit for a significant percentage of their . trips. EQUIVALENT CITY ZONE: MLR Mixed Use Residential-Districts. The MUR zoning - district is designed to apply to predominantly residential areas where mixed-uses are permitted when .compatible with the-residential use A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning.district. MUR-:1 (northern half Of the property) to implement the City's comprehensive plan mat) designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TOR-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for, - - annexations are described in Community Development Code Chapters 18320 and 18390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS . Chapter 222;and Metro Code Chapter 3.09. MADM\CATHY\ODUNCIL\CCSignup\New Format\PHTestimonyMONTAGE.cloc • AGENDA ITEM No. 7 • • March 24, 2009 PLEASE PRINT Proponent- (Speaking In Favor) Opponent-(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address &Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Cathy Wheatley From: Cathy Wheatley Sent: Thursday, March 26, 2009 2:30 PM To: Patty Lunsford Subject: Testimony- Montage Annexation We had one individual testify for the 3/24 Annexation hearing: Elizabeth Braam Cdicin'i' s m ( , 9315 SW Lehman Street Tigard, OR 97223 CCU Cathy 1 • • 114 11 City of Tigard TIGARD Memorandum To: File: Montage Townhomes (ZCA2008-00005) From: Gary Pagenstecher,Associate Planner Re: Acknowledgement of County Land Use Upon Building Permit Application Date: March 20, 2009 At the request of the Applicant,Jerry Palmer (Casa Terra), for the purpose of facilitating a smooth transition between jurisdictions on annexation of the subject property by the City of Tigard, and particularly for efficient processing of the applicant's land use permit (WACO Case File06-266- S/HRV/AMP) and building permits at the City,it is understood that: The lots for Montage Townhomes, as recorded,will be reviewed for building permits applying the County zone standards as approved and conditioned in the County land use decision, Case File06- 266-S/HRV/AMP. it 0 Eh 1101 City of Tigard Tigard Business Meeting — Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE: March 24, 2009 —6:30 p.m. Study Session, 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 titt 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. Citizen Communication 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 agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'DD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (l'DD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. TIGARD CITY COUNCIL/LCRB AGENDA— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of • • City of Tigard ay Tigard Business Meeting — Agenda TIGARD` TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: March 24, 2009 — 6:30 pm Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM • STUDY SESSION D Presentation of Clean Water Services Fanno Creek Meander Project—Community Development Department D Annual Review of Mayor's Regional Liaison Activities—Administration Department D City of Tigard Growth and Development Aspirations—Urban-Rural Reserve Update— Community Development Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS—MAYOR DIRKSEN • American Legion Month—March 2009 • Arbor Month—April 2009 • National Community DevelopmentWeek—April 12-18,2009 • 3. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Chamber of Commerce Representative • Follow-up to Previous Citizen Communication • Citizen Sign Up Sheet TIGARD CITY COUNCIL/LCRB AGENDA— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of • • 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) 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: 4.1 Receive and File:Annual Solid Waste Financial Report 4.2 Establish Transportation Advisory Commission- RES. 09- 4.3 Approve Continuing Control Agreement with TriMet for Operation of Commuter Rail within the City of Tigard-RES 09- 4.4 Appoint City Center Advisory Commission (CCAC)Member—RES 09- 4.5 Approve Intergovernmental Agreement with Tigard-Tualatin School District for Safe Schools Grant Program 4.6 Authorize the City Manager to Sign an Intergovernmental Agreement with the City of Gervais Providing a Lieutenant to be Interim Police Chief 4.7 Authorize the Submittal of a Transportation Growth Management (TGM) Grant Proposal for Greenway Trail Master Plan—RES 09-_ 4.8 Approve Resolution Supporting the Submittal of a Transportation Growth Management (TGM) Grant Application by Metro for a Highway 99W Corridor High-Capacity Transit Land Use Plan 4.9 Local Contract Review Board— Award Insurance Agent of Record Contract • Consent Agenda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/Local Contract Review Board has voted on those items which do not need discussion. 5. DISCUSSION WITH SENATOR BURDICK • Introduction:Administration Department 6. ANNUAL MEETING WITH TRIMET GENERAL MANAGER,FRED HANSEN • Staff Report: Community Development Department 7. QUASI-JUDICIAL PUBLIC HEARING—ZONE CHANGE ANNEXATION ZCA 2008-00005 MONTAGE TOWNHOMES ANNEXATION REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92`d Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right- of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter TIGARD CITY COUNCIL/LCRB AGENDA—March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of I mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. a. Open Public Hearing b. Hearing Procedure Statement—City Attorney c. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Applicant - Proponents - Opponents - Rebuttal f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 09- 8. QUASI-JUDICIAL PUBLIC HEARING—FIELDS COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT (CPA 2008-00008/ZON 2008-00002) —CONTINUED FROM MARCH 10,2009 REQUEST: The applicant is requesting amendments to the Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designation and Zoning Classification for one parcel (approximately 25 acres) from Light Industrial (I-L) to Medium High Density Residential (R-25). The parcel is located east of Hall Boulevard at the dead end of Wall Street. Surrounding properties are zoned I-L to the north and south,R-12 to the west,and I-P to the east across the railroad tracks. LOCATION: The site is vacant and has no address. It is located east of the Hall Boulevard and Wall Street intersection, east of Fanno Creek and west of the railroad tracks. Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. R-25: Medium High-Density Residential District. The R-25 TIGARD CITY COUNCIL/LCRB AGENDA— March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 4 of I zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Light Industrial to Medium-High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals 1, 2, 6, 7, 9, & 10 of the updated Comprehensive Plan, and Policies 3 and 8 of the previous Comprehensive Plan; Metro Functional Plan, Titles 3, 4, 7, and 13, and Statewide Planning Goals 1, 2, 5, 6, 7,9, 10, 11, and 12. a. Open Public Hearing b. Hearing Procedure Statement—City Attorney c. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? - Have all members familiarized themselves with the application?. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Applicant - Proponents - Opponents - Rebuttal f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration 9. DISCUSS BUILDING DIVISION BUSINESS PLAN PROGRESS AND DIRECTION • Staff Report: Finance and Information Technology Department 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT 1:\ADM\CATHY\CCA\2009\090324P.doc TIGARD CITY COUNCIL/LCRB AGENDA- March 24, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 5 of5 • S Agenda Item # 7 Meeting Date 3/24/2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title ZCA2008-00005/Montage Townhomes Annexation ' Prepared By: Gary Pagenstecher Dept Head Approval: ` f"J% City Mgr Approval: l/'( ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of one parcel containing 2.03 acres of land (Zone Change Annexation - ZCA2008-00005) and adjoining right-of-way on SW Hall Blvd. and SW 92nd Avenue for a total of 2.10 acres of land to the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the subject territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY On September 22, 2006, Washington County approved a 33-lot subdivision on the subject property (WACO Case No.06-266-S/HRV/AMP) under the TO: R-18-24 zone and subdivision standards. As of the date of this application, site work,including streets and utilities,is approximately 90% complete. When the applicant submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed by the City in 1987 (portion of a vacated right- of-way) and would not final the plat. To solve this problem, the City and County agreed to both sign the plat upon annexation of the remainder of the subject site. The proposed annexation includes one (1) parcel and adjoining right-of-way on SW Hall Boulevard and SW 92nd Avenue. The total area proposed for annexation is 2.10 acres. The subject parcel is 2.03 acres and the proposed right-of-way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the proposed annexation area. The applicant/property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore, 100% of property owners have petitioned for annexation. With regard to the proposed right-of-way, the City is authorized by ORS 222.111(2) to act on its own motion to annex contiguous territory. Applicable review criteria, procedures and policies for the proposed annexation are in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1-4. Key Findings: 1. The proposed territory is contiguous to Tigard's City limits; 2. Urban services are available and of sufficient capacity to serve the subject parcel; 3. The applicant/owner of the subject parcel has consented to the annexation; 4. The proposed territory is within Metro's Urban Growth Boundary;and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. I S OTHER ALTERNATIVES CONSIDERED 1. Adopt findings to deny the annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 2.10 Acres Exhibit A: Legal Description and Tax Assessor's Map for Montage Townhomes Parcel and Right-of-Way Exhibit B: Vicinity Map of the Subject Parcel Exhibit C: Applicant's Petition to Annex Exhibit D: Staff Report to the City Council dated 3/5/09 FISCAL NOTES If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2010. Annexations must be final (ORS 222.010) by March 31 of the same calendar year for the tax year beginning July 1. • 41111 CITY OF TIGARD OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2009- AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE MONTAGE TOWNHOMES ANNEXATION (ZCA2008-00005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on March 24, 2009, to consider the • annexation of one (1) parcel Washington County Tax Map (WCTM) 1S126DB, Tax Lot 1100) of land located on SW Hall Blvd and adjoining right-of-way, and withdrawal of said parcels from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on March 24, 2009; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 09- Page 1 NOW,THEREFORE,THE PTV OF TIGARD ORDAINS AS FOOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and right-of-way as described and shown in the attached Exhibits "A" and `B", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2008- 00005) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of _, 2009. Cathy Wheatley, City Recorder APPROVED:By Tigard City Council this day of , 2009. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 2 ZCA2008-00005 EXHIBIT A • MONTAGE TOWNHOMES ANNEXATION • ANNEXATION LEGAL DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 26,Township 1 South, Range 1 West of the Willamette Meridian,Washington county, Oregon being a portion of Lot 5 and all of Lot 6 Cedarbrook Farm described as follows: Beginning at the southwest corner of Lot 6 Cedarbrook Farm; Thence N 2° 06' 51" E, along the westerly line of said Lot 6,a distance of 122.84 to the road vacated in Fee no. 88-43089 of the Washington county Deed records; Thence S 87° 53'09" E, along said vacated road, a distance of 20.00 feet; Thence N 2° 06' 51"E,along said vacated road, a distance of 343.27 feet to a point 30.00 feet southerly of the center line of SW Hall Blvd; Thence N 62° 56' 30"W,parallel with the center line of SW Hall Blvd, a distance of 22.06 to the northwest corner of Lot 5 Cedarbrook Farm; Thence N 2° 06' 51"E a distance of 33.09 feet to the center line of SW Hall Blvd; Thence S 62° 56' 30" E,along the center line of said Hall Blvd,a distance of 168.66 feet to the extension of the east line of Lot 5 Cedarbrook Farm; Thence S 2° 06' 51"W, along the east line of said Lot 5 and the extension thereof, a distance of 251.51 feet to the north line of Lot 6 Cedarbrook Farm; Thence S 88° 59'48"E, along the north line of Lot 6 Cedarbrook Farm,a distance of 143.91 feet to the NE corner of said Lot 6; Thence S 2° 06' 51"W,along the east line of said Lot 6,a distance of 182.78 feet to the SE corner of said Lot 6; Thence N 89° 01' 09"W a distance of 296.87 feet to the point of beginning; Containing 91437 square feet,2.10 Acres. • • • • 0 * 1.: XI li.1-)31.1 A .... •••••••_ • • :.-.:. --. ._,,,-,.........::,- • , •',f.'s •.. • . • •.=.,4„):•.:' i.,;."" 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Pil Ittt It C t Ir.9.9, '.ii 9969119 I 2 > 2 0 1 r <Si IP .99.13 et) < ■P==. 4.$7 Pa. > '.."9 09 X tkit9'.3 It999 i 94."*" 9.99!.P. 9119 9 7 3.', 91::$,5 c 99!■.9. ...... 99.>: )...-)4.-:r 6 ...ie.! i (11 ......,., c) V, 96.40 BOf it)E.f?S ST L.72 ...4„j 969tt '..? 2 19ft , ttti t ,. 1,0 IV ftffteft ffittlft 2222 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and-give consent to,Annexation of said property to the City of Tigard. We understand that the City will review this - request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO-Property Owner RV-Registered Voter PAGE 1 OF I OV-Property Owner&Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct D•i LSection Number Number Number -7436 36 so.v t** ' kim) o W 24 Tzia 1100 t2 0: 111111 01 c-n \ ` 2..� -C2)\\,00 \3 o-k:c"� k `L�`�� ''°•�,' \�curpin\masters\revised\anxpetn.mst 28)a • • EXHIBIT D Hearing Date: March 24,2008 Time: 7:30 PM . _STAFF REPORT:TO THE • CITY COUNCIL FOR'THE CITY-OF TIGARD, OREGON TIGARMD; 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: MONTAGE TOWNHOMES ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00005 APPLICANTS/ APPLICANT'S OWNERS: Casa Terra,LLC REP: Tom McConnell 7637 SE 29th Avenue TMC Planning Portland, OR 97202 2423 NW Sayler Street Portland, OR 97210 PROPOSAL: A request to annex an approximately 2.03-acre property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work, including streets and utilities, for the subject property's 33-lot subdivision is approximately 90% complete. LOCATION: 9325 SW Hall Blvd, east of Greenburg Rd.; Washington County Tax Map (WCTM) 1S126DB,Tax Lot 01100. CURRENT ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24) The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one- half mile of light rail transit stations, within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts.The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. • MUR-1 (northern half of the propperrttyy) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2(southern half of the property) is most similar to the County's TO:R-18-24 zone. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 1 OF 8 • • APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), Goal 11.3 (Policy 6), and Goal 14 (Policy 1-4); ORS Chapter 222; and Metro Code Chapter 3.09. SECTION II. STAFF RECOMMENDATION Staff.recommend, tfiat=tlie'Council°find'thaf they.proposed-annexation (ZCA2008,00005).meets alh, the`,'approval'.;criteria-:;as-identified in;;ORS'Chapter 222, Metro.Code, Chapter;3 09, .Community;' :Development-Code,Chapters.18 320:and'18.390;_,and:the.following Comprehensive`Plan Goals and;. :.Pohcnes: z Goal=,1:1,:Goa1:11.1,Policy•4 ,Goal'113, 'Policy,6, and:Go Li 14 Policy 1`-4.: .Therefore, staff;: -.recom iiends'APPROVAL,of ZCA2008-00005,b ado tioin,of the"attached 'ordinances _ �`-4` SECTION III. BACKGROUND INFORMATION Washington County approved a 33-lot subdivision on the subject property (WACO Case No.06-266- S/HRV/AMP) under the TO: R-18-24 zone and subdivision standards. As of the date of this application, site work, including streets and utilities, is approximately 90% complete. When the applicant recently submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed by the City in 1987 (portion of a vacated right-of- way) and would not final the plat. To solve this problem, the City and County agreed to both sign the plat upon annexation of the remainder of the subject site. The proposed annexation includes one (1) parcel and adjoining right-of-way on SW Hall Boulevard and SW 92nd Avenue. The total area proposed for annexation is 2.10 acres. The subject parcel is 2.03 acres and the proposed right-of-way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the proposed annexation area. The applicant/property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore, 100% of property owners have petitioned for annexation. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 2 OF 8 • • 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormwater management, water supply and distribution,wastewater management, community facilities, and private utilities. In addition the comprehensive Plan Glossary includes public safety, parks, and transportation. Each service is addressed below. Washington County approved a 33-lot subdivision on the 2.03 acre property under the County's TO: R- 18-24 zone and subdivision standards (WACO Case No.06-266-S/HRV/AMP). Water — TVWD. Tualatin Valley Water District is the current service provider for the subject property and would remain the service provider upon annexation. Sewer — Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County approval to have determined that the capacity to provide retail _evel sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Drainage — Clean Water Services. Clean Water Services is the current provider of stormwater services. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County land use approval to have determined that the capacity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Streets — City of Tigard Engineering Division. The subject property is located north of and at the terminus of SW 92nd Avenue, a County road. The property is located south of SW Hall Blvd, a state road. The Montage Townhomes subdivision approval through Washington County includes an internal private street. According to the December 19,2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the annexation would not affect City streets. No change of jurisdiction applies to this annexation as only small adjacent portions of each street are included in the proposed annexation territory. Police — City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to the December 17, 2008 email to Tom McConnell, the applicant's representative, from Jim Wolf,Public Information Officer with the Tigard Police Department, the City has no issues with the project. • Fire—Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's ( VF&R's) service area. The TVF&R District currently provides services to the entire area, both inside and outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard. Parks—City of Tigard/Metzger LID. According to the Tigard Urban Services Agreement, The City is designated as the provider of parks within the Urban Services Area and is a joint provider of services within the Metzger Park Local Improvement District (LID). Actual provision of services depends on annexation of territory within this service area, subject to the City's Park System Master Plan. The annexation of the subject property does not affect the Metzger Park LID. Based upon this review, staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service to the proposed annexation territory if developed to the most intense use allowed and will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 3 OF 8 I • 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be rovided an ni opportuty to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 6, 2009: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 9352 SW Hall Blvd. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the Marc z 24, 2009, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 2, 2009. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the East area on February 6, 2009. Staff finds that this policy is met. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The applicant's land use approval from Washington County shows the project's storm sewer is served by Clean Water Services in SW 92 Avenue. Therefore, this policy is met. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The applicant's land use approval from Washington County shows the project's sanitary sewer is served by Clean Water Services in SW 92 d Avenue. Therefore, this policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed below in the findings for Section 18.320.020.C. In audition, see Table 18.320.1 on the following page: Policy 2. The City shall ensure that capacity exists, or can be developed,to provide needed urban level services to an area when approving annexation. Capacity has been addressed above, consistent with this policy. Policy 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed below, staff finds that the provisions of ORS 222 have been met, consistent with this policy. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 4 OF 8 • • Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Pursuant to the City's annexation policy, the City invited adjacent property owners to join the annexation. No property owners responded to the City's invitation. The proposed annexation is located on the northern boundary of the City and would not create an unincorporated island within the City. Public services are available as reviewed and approved through the County's land use approval for the subject property and as determined in this report regarding service availability and capacity, above. The Washington Square Regional Center Plan zoning designations will be applied to the subject property on annexation Chapter 18.320.020.0 Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. The controlling zoning map for the subject parcel is the 7/9/98 Washington Square Regional Center Study Zoning/Plan Designations Draft map (Exhibit C, Ordinance 00-18), which is consistent with the Comprehensive Plan and Zoning Designations map (Washington Square Regional Center Plan, September 1999, Page 36),which shows a split zone on the subject property: MUR-1 (WSRCP) on the north and R-5 (WACO) on the south. All of the subject property is currently zoned TO:R-18-24 (WACO). The County's Transit Oriented R 18- 24 zone permits median density, primarily attached, residential development. The City's MUR-2 is moderate density and is most similar to the TO:R-18-24 zone. The City will apply the Washington Square Regional Center Plan zone, MUR-1(50 units/acre), to the northern half of the property because it would implement the City's comprehensive plan map designation. The southern half of the property will be converted to MUR-2 because it is most similar to the County's zone. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing; the City mailed notice on March 2, 2009, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24,2009 public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore,in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 5 OF 8 • • ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city 45 days prior to the hearing. The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary. The City has acted on its own motion to annex the right-of-way on SW Hall Blvd and SW 92 d Avenue,which adjoins the subject properties. The City mailed notice on March 2, 2009, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009 public hearing and posted the hearing notice for public view on February 6, 2009 in the Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW Hall Blvd. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 9, 2008 for a March 24, 2009 hearing). Staff has determined that the applicable METRO reguations (Metro Code 3.09.040(b) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area, including the Metzger/Progress Community Planning Area. The Tigard Urban Service Agreement is between the City, County, Metro, and the service Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area (TUSA). These services are addressed above at the beginning of this report. As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006) and TUSA (2006). MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 6 OF 8 • • (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriff's Patrol District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place March 23, 2009. If the Council adopts findings to approve ZCA2008- 00005, the effective date of the annexation will be 30 days later on April 24, 2009. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the roposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006)). The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 7 OF 8 The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006),which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce • existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable state and local laws and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable provisions of the Tigard Development Code. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and provided comments in a December 19, 2008 email from Brian Rager which identifies that sewer and storm services provided to the subject property come from Washington County unincorporated territory and are provided by CWS;water is provided by TVWD; The City of Tigard Police Department Public Information Officer, Jim Wolf, commented that the Department has no issues with the project. The City of Tigard Engineering Division Engineer, Greg Berry, commented in a December 19, 2008 email to Tom McConnell, applicant's representative, that the annexation would not affect City streets. SECTION VIII. AGENCY COMMENTS Tualatin Valley Water District (TVWD) Senior Engineer Stuart Davis commented that the District had no objections to the annexation. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet and all interested parties on February 6, 2009. As of the date of this report, staff has not received any written public comments. March 5, 2009 PREPARED Geary Pagenstecher DATE Associate Planner MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 8 OF 8 •Y Wit,vied ciPy CAS E FI L E: 06-266-S/H RV/AM P Washington County Department of Land Use and APPLICANT: Transportation Land Development Services Palmer and Associates 155 N First Ave,Suite 350 9600 SW Oak Street, Suite 230 Hillsboro,OR 67124 Portland, OR 97223 NOTICE OF DECISION OF APPLICANT'S REPRESENTATIVE: THE HEARINGS OFFICER Alpha Community Development 9600 SW Oak Street, Suite 230 Portland, OR 97223 PROCEDURE TYPE III CONTACT PERSON: CPO: 1 Kirsten Van Loo (503)452-8003 COMMUNITY PLAN Cedar Hills-Cedar Mill OWNER: LAND USE DISTRICT: Green-Hampton LLC TO: R18-24 (Transit Oriented Residential) 11230 SW Muirwood MAP/TAX LOT: Portland, OR 97225 1S126DB1100 ADDRESS: LOCATION: 9325 SW Hall Boulevard On the south side of SW Hall Blvd approximately 450 feet east of its intersection with SW Greenburq Road/SW Oleson Road. • PROPOSED DEVELOPMENT ACTION: Preliminary Approval and Development Review for a 33-Lot Subdivision in located in a Transit Oriented District. a Conceptual Master Plan for Area of Special Concern 16 on the Metzger-Progress Community Plan, an Access Management Plan for Access to SW Hall Blvd., and a Hardship Relief Variance to Reduce the Street Side Yards (Frontage Minimum) for Lots 6, 12, 17, 24 and 33 (along Montage Way and the extension of SW 92' Avenue). DATE OF DECISION: September 22, 2006 • A summary of the decision of the Hearings Officer and supplemental findings are attached. This decision may be appealed to the Land Use Board of Appeals (LUBA) by filing a notice of Intent to Appeal with LUBA within 21 days of the date of this decision. Contact your attorney if you have any questions in this regard. For further information contact the Land Use Board of Appeals at 503-373-1265. The complete case, including Notice of Decision, Application, Staff Report, Findings and Conclusions, and Conditions of Approval, if any, are available for review at no cost at the Department of Land Use and Transportation. Copies of this material will be provided at reasonable cost. Notice to Mortgagee, Lien Holder,Vendor or Seller: ORS Chapter 215 requires that if you receive this notice it must promptly be forwarded to the purchaser. { Notice of Decision of Hearings Officer September 22,2006 Page 2 • CASEFILE NUMBER: 06-266-S/HRV/AMP SUMMARY OF DECISION: On September 22, 2006, the Washington County Hearings Officer issued a written decision (Attachment"C")for Washington County Casefile No. 06-266-S/HRV/AMP "Montage Townhomes" located at 9235 SW Hall Blvd, east of the intersection of SW Hall Blvd. and SW Greenburg and SW Oleson Roads, and described as tax lot 1S1 26 DB 1100 in Washington County, Oregon. His decision is as follows: ORDER: The Application is Approved subject to the Conditions set forth in Attachment "B". Attachments: A Vicinity Map B. Conditions of Approval C. Hearings Officer's Findings, Conclusion and Order • • ATTACH 1T A VICINITY MAP TAX MAP/LOT NO. 1S1 26 DB 01100 CASE FILE NO. 06-266-S/D(R)/AMP/HRV ,�N.:: ::,`:N:;.:: 5 0 .:,; ,:-• 61 ,;•x,. 1 I CD CO \ N';\;``+'`\. \�-,�+\...•:\N`\,ti.,.7,.`+ 1S126DB00206 f- ' '�`.`` `.•== \".. \. '` -,s. " S" 1� 1S126DB00302 I r 1S128DB00200 `; .;,i+ .�,.ti•.,�`. Q 1S126DB00704 ti , ".\ R24 0--- 1S126DB00300 1S126DB02500 I )100 Os 46. ;. TO:EMP 1S126DB00700 Li iq CEDARC EST ST 15126171302800 : >, :... s. = _ _ . I_r- '<-=' 1S126DB00601 I;II`:i i.1*.j.': ; : -'` `_m 1S126DB 10 - ` 1;L.1 _ ';:_: _ilt,. , ::. 00701 I La City of . Tigard �_ _ 1:1:1 r: `F :"; ". :`' = - 'F 26s�c,; ;4111-i I _ ..1 -.....,.:.;1'.•:,,,,,:,•:.:::: s 1S926D602900 -Ili = ==G: Vii: 1S126DC00800 1S126DC00301 ,S1?6DC00902 1S126DC00100 1 C--.91ST r` R5 • 5 W W /\s1Dcoo9oo " Q D Q 1 * Lots affected by the HRV REVIEW STANDARDS FROM CURRENT OR J NORTH MI AREA OF CONSIDERATION APPLICABLE ORDINANCE OR PLAN MI AREA OF SPECIAL CONCERN 16 A. WASHINGTON COUNTY COMPREHENSIVE PLAN B. APPLICABLE COMMUNITY PLAN(See Front of Notice) SCALE: 1"T0200' C. TRANSPORTATION PLAN SITE&SURROUNDING LAND USE DISTRICTS: D. WASHINGTON COUNTY COMMUNITY DEVELOPMENT CODE: (Transit Oriented Res. 18-24 units/acre) ARTICLE I,INTRODUCTION&GENERAL PROVISIONS TO:R18-24 ( ) ARTICLE II,PROCEDURES R5 (Residential 4-5 units/acre) ARTICLE III,LAND USE DISTRICTS R9 (Residential 7-9 units/acre) • ARTICLE IV,DEVELOPMENT STANDARDS R24(Residential 19-24 units/acre ARTICLE V,PUBUC FACILITIES AND SERVICES ( ) ARTICLE VI,LAND DIV.&LOT LINE ADJUSTMENTS TO:EMP(Transit Oriented Employment District) ARTICLE VII,PUBLIC TRANSPORTATION FACILITIES OC (Office Commercial} E. R&O 86-95 TRAFFIC SAFETY IMPROVEMENTS F. ORD.NO.524 UNIFORM ROAD IMPROVEMENT STANDARDS City of Beaverton G. ORD.NO.379 TRAFFIC IMPACT FEE City of Tigard H. R&0 04-9 DESIGN AND CONSTRUCTION STANDARDS ATTACHMENT B CONDITIONS OF APPROVAL I. PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING GRADING~ EXCAVATION AND/OR FILL ACTIVITIES THE APPLICANT SHALL: A. Obtain a Grading Permit from Building Services (503-846-3470). The Grading Permit must follow the requirements of the Building Services Division's Grading Submittal Package Checklist. Show all proposed retaining walls on the final grading plan. Depending upon the height of the wall and site conditions, the applicant may be required to obtain a Building Permit. The Building Services Division will determine the Building Permit requirement. NOTE:The applicant will be required to obtain permits from O.D.O.T. to access SW Hall Boulevard, to direct any surface water drainage to an O.D.O.T. facility or to perform any work within the SW Hall Boulevard right-of-way. B. Obtain approval for an Access Permit for temporary construction access to the site if construction access is proposed from SW 92nd Avenue. Access Permit forms are available at the Land Development Services Counter. Temporary construction access may be located on SW Hall Blvd, if the applicant can demonstrate compliance with the County's sight distance and safety standards. The temporary construction access must be abandoned prior to obtaining occupancy of the first dwelling unit. (A permit from O.D.O.T. is also required for construction access to SW Hall Blvd.) NOTE: If a Facility Permit has been issued, an access permit will not be required. C. A Clean Water Services (the District) Site Development Permit must be acquired. Application for the District Site Development Permit must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order 04-9 (R&0 04-9)and is to include: 1. Compliance with all provisions of all the District's Design and Construction Standards, R&D 4-9. 2. Detailed grading and erosion control plan. A 1200-C Erosion Control permit will be required. 3. Hydraulic and hydrological analysis of storm conveyance will be required. Ifdownstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow as provided in the above named design standards. Casefile 06-266-S/D(R)/AMPII.J `, ) Attachment B—Recommended Conditions of Approval Page 2 4. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. 5. Provisions for water quality in accordance with the requirements of the above named design standards. An all-weather access shall be provided to the structures within the water quality facility. 6. Site contains a "Sensitive Area."Applicant shall comply with the • conditions as set forth in the Service Provider Letter No. 06-000220, dated June 19, 2006. 7. Developer may be required to preserve a corridor separating the sensitive area from the impact of development. The corridor must be set aside in a separate tract and not part of any buildable lot. 8. Detailed plans showing the sensitive area and corridor delineated, along with restoration and enhancement of the corridor. • 9. Provide DSL and Corps of Engineers permits for any work in the wetlands or creek prior to any on site work, including grading and erosion control. Include permit number on cover sheet of plans or provide concurrence with the delineation. NOTE: The above noted improvements must be completed to the District's satisfaction. The as-constructed drawings (as-builts), or a bond guaranteeing the as-builts, shall be submitted and accepted by the District. ll. PRIOR TO SUBMITTAL OF THE PROPOSED FINAL SUBDIVISION PLAT TO THE COUNTY SURVEY DIVISION: Submit two (2) copies of the proposed final plat to Clean Water Services (503-846- 8621), the Engineering Division (503-846-7900) and Land Development Services (503- 846-8761). Contact the County Surveyor's Office (503-846-8723)for information regarding submittal and review procedures. III. PRIOR TO FINAL APPROVAL AND SUBDIVISION PLAT RECORDATION (WITHIN TWO YEARS): A. Submit to the County Survey Division (503-846-8723): Fifteen (15) copies of the proposed final plat which shall comply with Oregon Revised Statutes, Chapter 92 and Section 605 of the Washington County Community Development Code. The following shall be included on the plat: 1. All easements and tracts. . • S:\LDS\USERS\Measure_37\06-266 HO Decision Face Sheet.doc . • t Casefile 06-266-S/D(R)/AMPr1.:�nN Attachment B—Recommended Conditions of Approval Page 3 2. The use, ownership and maintenance rights for all easements and tracts. 3. Water quality facility within a tract, if required by Clean Water Services. 4. Sufficient right-of-way along the SW Hall Blvd. frontage to create 49-feet of right-of-way from centerline. 5. Sufficient right-of-way and easements and/or a tract to construct the road improvements required under Conditions of Approval Ill. B. • 6. Sufficient right-of-way and easements for the southern portion of SW Montage Way. 7. A non-access restriction along the SW Hall Blvd.frontage. The non- access restriction must be described in the"notes"section of the plat. 8. Public pedestrian access easement across the sidewalks along SW Montage Way. 9. Public pedestrian and bicycle access easements across all accessway tracts. B. Submit to Land Development Services (Public Assurance Staff,Tracy Stone, 503-846-3843) 1. Completed "Design Option" form. 2. $16,653.00 Administration Deposit. • 3. Three (3)sets of complete engineering plans for the construction of the following public improvements: a. SW 92nd Avenue, through the project site, must be constructed to the SAL-2 standard or acceptable equivalent. The road must be designed to have a 28-foot paved width, four-foot wide planter strips and five-foot wide sidewalks. b. The public portion of SW Montage Way must be constructed to the SAL-2 standard or acceptable equivalent, except for the "elbow portion of SW Montage Way, which may be constructed to the County's SAL-4 standard, if the applicant obtains approval from the Fire Marshal. The "elbow" portion of SW Montage Way is • shown on the plans stamped "Preliminary Approval."The applicant must construct: i) A full street improvement for the length of the public portion of Montage Way and construct the remainder of SW Montage Way to the applicable private street standard (409- 3.3 A.(9)), which includes a 24-foot paved width and curbs S:ILDS\USERS\Measure 37106-266 HO Decision Face Sheet.doc •. Casefile 06-266-S/D(R)/AMPIh-.-. Attachment B—Recommended Conditions of Approval Page 4 • and sidewalks on both sides. Pursuant to Section 431-5.1 B., the sidewalks along the east side of Montage Way can be temporary. Or, • ii) the applicant shall construct a full street improvement along the portion of Montage Way that is bordered by the project • site on both sides and a half-street improvement along the remainder of Montage Way, which abuts tax lot 1000. The full street improvement, except for the"elbow" portion of SW Montage Way, which may be constructed to the County's SAL-4 standard upon approval from the Fire Marshal, shall be constructed to the County's SAL-2 standard and the remainder of Montage Way must be constructed to the equivalent half-street standard. The"elbow" portion of SW Montage Way is shown on the plans stamped "Preliminary Approval." NOTE: The applicant shall provide documentation that the Fire Marshal will accept a road designed to the SAL- 4 standard prior to obtaining the required Facility Permit. b. Private street connection to a public street,where the public and private sections of SW Montage Way intersect. c. Private street connection to a public street,where Tract D intersects with SW Montage Way. d. Private street connection to a public street,where Tract F intersects with SW 92nd Avenue. e. SW Hall Blvd., along the project site, must be improved to an A-4 standard. f. Emergency access from SW Montage Way to SW Hall Blvd. A driveway"drop"will not be permitted in this location. The applicant shall construct the emergency access using grass pavers or an equivalent material, subject to the approval of the Fire Marshal and the Engineering Division. g. Improve SW 92nd Avenue between the project's southern boundary and SW Borders Street to a 22-foot paved width and a five-year wearing surface. SW 92nd Avenue is currently improved to a 19-foot paved width in this location. h. Improve SW Borders Street between SW 92nd Avenue and SW • 90 Avenue to a 22-foot paved width and a five-year wearing S:1LDS\USERS\Measure 37106-266 HO Decision Face Sheet.doc Aft Casefile 06-2665/D(R)/AMPii-;,ZN • —� Attachment B—Recommended Conditions of Approval Page 5 surface. SW Borders Avenue is improved to an 18-foot paved width in this location. Lighting along all public street frontages. These improvements shall be constructed in accordance with the requirements of the Washington County Uniform Road Improvement Design Standards. They • shall be completed and accepted by the County within the time frame specified in the public assurance contract, or prior to final building inspection approval, whichever occurs first. C. Obtain Departmental approval, provide financial assurance and obtain a facility permit for construction of the public improvements listed In Conditions III.B.3.a-i. D. Ensure the construction, maintenance and power costs of street light facilities through the annexation and petition for service to an existing County service district for lighting or other funding method approved by the County Engineer. E. The following documents shall be executed (Survey Division, Jamil Kamawal, 503-846-7932): 1. A non-access restriction along the site's frontage of SW Hall Boulevard, except for emergency access at the intersection of Montage Road and SW Hall Blvd. 2. Petition and waiver not to remonstrate against the formation of a road maintenance local improvement district. NOTE: The Local Improvement District must be formed prior to plat recordation. The L.I.D. formation process takes 3 to 5 weeks. F. Submit to Land Development Services, Project Planner( , 503-846-3847): Al 005 et_ - 8`16- 1. Final Approval form (Type I procedure; two copies). NOTE: The Final Approval application shall contain a written statement and complete evidence/documentation that all Conditions of Approval have been met. The Final Approval application must be submitted within two years of the date of this decision. 2. Final Approval fee. 3. Final plat. S:1CDSIUSERS\Measure 37106-266 HO Decision Face Sheet.doc • ,,- •:' Casefile 06-266-SID(R)/AMP/..;i/ = ) Attachment B—Recommended Conditions of Approval Page 6 4. A Copy of the appropriate access, drainage or any other permits from O.D.O.T. and a letter from O.D.O.T. describing the required O.D.O.T. permits. NOTE: The applicant shall construct 12-foot wide sidewalks along the SW Hall Blvd. frontage unless 12-foot wide sidewalks are prohibited by O.D.O.T. The applicant shall also improve the SW Hall Blvd. standard to the County's A-4 standard, unless an alternative improvement standard is required by O.D.O.T. 5. Revised findings for Section 413 demonstrating compliance with the on-street parking standards based on the updated site plan. 6. A.copy of the final site plan that has been approved by the Fire Marshal. 7. Provide evidence that easement(identified as deed document number 95053420 on the submitted plans)for the mobile MR1 trailer that encroaches on to proposed lot 13 has been vacated. 8. Updated building elevations showing either greater variation within the proposed six-unit structure or a second structure type and a building painting plan. 9. Revised findings for Section 431-7. The findings shall explain the location of all required recreational structures. If Tract A is needed for common open space purposes, the findings shall describe the required decorative fencing. 10. A registered professional engineer shall provide written certification that the proposed design of any private street tracts complies with the applicable requirements of Sections 409--3.3, 409-3.5 and 409-3.6, any modifications approved pursuant to Section 409-3.8 and in accordance with the preliminary approval. 11. A revised plans illustrating the following: a. The public road extension of Montage Way to the north. b. A revised on-street parking plan, based on required changes to the overall site plan. c. An accessway tract and path along the south side of lots 19 through 24. The paved portion of the path must be at least five feet wide. d. An accessway tract and path along the east side of lots 29 through 33. The paved portion of this path must be at least five feet wide and the tract must be ten feet wide. S:1LDSIUSERS\Measure 37106-266 HO Decision Face Sheet.doc j ' Casefile 06-266-S/D(R)/AMpr.-...4V ) Attachment B—Recommended Conditions of Approval Page 7 e. Pedestrian scale lighting along all pedestrian streets. f. A lighting plan demonstrating compliance with Section 415. g. 12-foot wide sidewalks along the SW Hall Blvd. frontage. h. An open space plan showing the location of all recreational features in accordance with Section 431-7. If Tract A is needed for 431-7 common open space purposes, plans and elevations for a decorative wall along SW Hall Blvd. must be provided. A revised landscaping plan sheet. The revised landscaping plan shall include a planting plan for the water quality facility. IV. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY DWELLING UNIT: A. Meet with the commercial plans examiner prior to submitting building permit application/plans. B. Obtain Final Approval and record the plat, as required above. C. Provide a fire flow test demonstrating available flow at 20 psi residual pressure. N OTES: The Tualatin Valley Fire and Rescue District will likely condition the applicant to provide residential fire sprinklers in accordance with NFPA 13D at each new dwelling unit. Residential Fire Sprinklers in accordance with NFPA 13 D will be considered an alternate to excess roadway grade, reduced street width and aerial fire apparatus access. Please contact the Tualatin Valley Fire and Rescue District for specific fire protection requirements and regulations. Structures in excess of 30-feet in height. Structures in excess of 30 feet in height will require aerial fire apparatus. D. Submit with the building plans to Building Services (503-846-3470) a site plan showing the following: 1. Street trees along all street frontages as shown on the plans stamped, "Final Approval." • 2. Sidewalks along all frontages and in all tracts as shown on the plans stamped,"Final Approval." The applicant shall contact Land Development Services Division to schedule a site inspection by the project planner. E. Pay Traffic Impact Fee. . S:\LDS\USERS\Measure 37\06-266 HO Decision Face Sheet.doc . Casefile 06-266S/D(R)/AMPII:.-d ) Attachment B--Recommended Conditions of Approval Page 8 V. PRIOR TO BUILDING OCCUPANCY AND/OR FINAL BUILDING INSPECTION APPROVAL FOR ANY DWELLING UNIT: A. Construct/install and obtain County Inspection approval for the following improvements: 1. Construct all improvements required by O.D.O.T. 2. All improvements required under Condition I II.B.3.a-i. 3. Street trees along all street frontages as shown on the plans stamped, "Final Approval." 4. Sidewalks along all frontages and in all tracts as shown on the plans stamped, "Final Approval." The applicant shall contact Land Development Services Division to schedule a site inspection by the project planner. B. All facilities and improvements required by Clean Water Services shall be completed and approved by the District. C. A registered professional engineer shall provide written certification that the all private street tracts were constructed in compliance with the applicable requirements of Sections 409-3.3, 409-3.5 and 409-3.6, any modifications approved pursuant to Section 409-3.8 and in accordance with the preliminary approval. VI. ADDITIONAL CONDITIONS: A: This development shall be constructed in accordance with the conditions of this decision, the approved final plans and the standards of the Community Development Code (Section 207-5). B. All conditions of approval shall be binding upon all heirs, successors and assigns (Section 207-5). C. Transferability of this Development Permit shall be in accordance with Section 201-8. D. This approval shall automatically expire two years from the date of this approval, unless development has commenced, an application for an extension is filed, or this approval is revoked or invalidated (Section 201-4). E. The property owner shall continuously maintain adequate sight distance. This may require the property owner to periodically remove obstructing vegetation from the road right-of-way (and on site) S:ILDS\USERS1Measure_37106-266 HO Decision Face Sheet.doc . .b HEARING BEFORE WASHINGTON COUNTY HEARINGS OFFICER CASEFILE NO. 06-266-S/D(R)/AMP/HRV APPLICANT: Palmer and Associates PROPOSED DEVELOPMENT ACTION: Preliminary Approval and Development Review for a 33-Lot Subdivision in located in a Transit Oriented District, a Conceptual Master Plan for Area of Special Concern 16 on the Metzger-Progress Community Plan, • • an Access Management Plan for Access to SW Hall Blvd., and a Hardship Relief Variance to Reduce the Street Side Yards(Frontage Minimum) for Lots 6, 12, 17, 24 and 33 (along Montage Way and the extension of SW 92nd Avenue). FINDINGS,CONCLUSIONS,AND ORDER FINDINGS 1. This Hearing was opened on August 17,2006. Alexandra Howard summarized the Staffs Findings and Recommendations in the Staff Report.• 2. Kirsten Van Loo and Howard Stein appeared on behalf Applicant. They testified that they concurred with the Findings, Conclusions and Recommended Conditions in the Staff Report with three major exceptions as follows:1 (1) The Applicant's proposed the Access Management Plan associated with the Master Plan for Area of Special Concern 16, should be approved in full and not denied in part as recommended by the Staff;. (2)Interim access to Hall Boulevard should be approved,not denied, as recommended by the Staff; (3)The Applicant should not be required to.construct a SAL-2 street section the full length of the proposed Montage Way. See also letter dated August 31,2006 from Alpha Community Development. Page 1 of 5 • • • • Findings Conclusion and Order 3. Also testifying in favor of allowing interim access to Hall Boulevard was Mark Rockwell and several neighbors whose names are in the record. The neighbors testifying included Peiter Braain2,Pat Whiting long term volunteer in land use planning matters, and Ralph Brindley.3 Attorney David C. Noren appeared on behalf of Ms. Tillie Dick,the trustee of the Dick Family Trust. He testified that the Dick Family Trust owned the tax lots to the east and north of the subject Site He raised certain objections which are set forth in full in Opposer's Exhibit 1.4 In addition, subsequent to the Hearing,within the time frame established for additional comments, a number of letters were received from concerned neighbors opposed to the proposed access on S.W. 92'"a and Staff's recommendation to deny interim access to Hall Boulevard. Also Pat Whiting Chair of CPO 4-M submitted a letter with a motion adopted by the CPO.5 4. Mr. Healy Transportation Planner testified,in essence that the Applicant misunderstood the provisions of CDC 501-8.3 E.(3).He stated that CDC 501-8.3 E.(3)did not constitute a basis to allow Applicant access to Hall Boulevard.He stated that Applicant's proposed access to Hall Boulevard does not meet access requirements on Hall Boulevard. 5. Staff and the Applicant disagree as to whether the Applicant should be allowed "interim access"on to Hall Boulevard as proposed by the Applicant. The Applicant,in support of its argument for interim access to Hall Boulevard,cites CDC 501-8.3 E. (3).6 However this provision relates,as the Staff has testified,to "interim access"that has already been granted. If interim access has been granted and subsequently alternative access becomes available the standards of CDC 501- 8.3 E. (3) are used to determine if the"interim access"can continue to be used. In 2 See also letter of August 15,2006 from Pieter Braam 3 See also letter of August 11,2006. 4 See Mr.Noren's letter of August 17,2006 Opposer's Exhibit 1. 5 See letter of August 24,2006 6 CDC 501.8.-3 E(3)(3)provides that "Alternate access shall not be deemed adequate and Connections to alternate access shall not be required if the resulting route of access would require a trip in excess of one(1)block or five-hundred(500)feet out of direction(whichever is less)." Page 2 of 5 Findings Conclusion and Order • this case the Traffic Engineer reviewed the Applicant's proposed Access Management Plan and found that the"interim access"to an arterial, SW Hall Boulevard,is not warranted because access to a local street SW 92"d Avenue is available for this project. In addition the Traffic Engineer found that access to SW 92nd Ave will not cause the county guidelines for automobile traffic volumes on SW 92nd Avenue to be exceeded.'There is not one scintilla of evidence in the record to controvert these findings of the Traffic Engineer. It is certainly understandable why the Applicant and the neighbors favor access to Hall Boulevard,but the Hearings Officer has been cited no evidence or standards that permit access to Hall Boulevard. The evidence in the record is that the applicable standards simply do not permit interim access to Hall Boulevard. 6.The Applicant argues that the proposed Access Management Plan should be approved,however since it includes interim access to SW Hall Boulevard it can not be approved in full.The Hearings Officer agrees with the Applicant that the information submitted by CTS Engineers address the applicable criteria and the point of access for ASC 16 should opposite SW 91'Ave as provided for in the Applicant's proposed Access Management Plan.8 7. The Applicant argues that the Recommended Conditions of Approval III.A.5. and III.B.3.b. should be revised to permit the construction of a portion of SW Montage Way to the County's SAL-4 standard.9 CDC Section 431-4.2 D.(7)provides that an applicant may construct a street to the SAL-4 standard if the applicant meets certain standards.These standards include that the block length must be less than 300-feet, • that the street is expected to carry fewer than 200 average daily trips, that the street is signed and striped for no parking on one side consistent with the MUTCD standards and that the applicant has obtained Fire Marshal approval. Assuming approval by the Fire Marshall and that appropriate signage and striping is provided as part of the plan, the Applicant's findings demonstrate that the Applicant can meet these standards.The Hearings Officer finds that Recommended Conditions of Approval III.A.5. and 'See Attachment D to the Staff Report,Transportation Report and Exhibit A to the Transportation Report 8 The Staff also agrees with this conclusion See Memorandum of September 1,2006 unnumbered page 2 and Staff Report Proposed Recommendations of Approval. Page 3 of 5 Findings Conclusion and Order ) _..f III.B.3.b. Should be revised to permit the construction of a portion of SW Montage Way to the County's SAL-4 standard, if approved by the Fire Marshal and an appropriate signage and striping plan is provided as part of the Final Approval application. 5.The project Site is identified as part of Area of Special Concern 16 on the Metzger- Progress Community Plan.10 The Applicant prepared a conceptual master plan for Area of Special Concern 16. The Master Plan shows an attached townhouse development,potential and likely circulation patterns,landscaping and open space and a water quality facility.The Staff found that the proposed project will not preclude the complementary and coherent development of the other properties within Area of Special Concern 16.11 The Applicant provided a list of contacts with the adjacent property owners demonstrating an attempt to coordinate in the creation of the conceptual master plan,however the Master Plan was not agreed to by fifty percent of the property owners. Attorney Noren appearing on behalf of Ms.Tillie Dick,the trustee of the Dick Family Trust,an adjacent property owner argued that because the Master Plan provides that". . . overall Master Plan shall be agreed to by 50 percent of the property owners in the area and property owners in the area representing at least 50 percent of the acreage.", the Application can not be approved.The Staff has taken the position in this and other cases that the language from the Plan,in this case concerning Area of Special Concern 16,is not approval criteria and thus not grounds for denial of the Application.The Hearings Officer agrees. 9 See.Attachment B to Staff Report Recommended Conditions of Approval at page 3 10 Area of Special Concern 16: There are multiple property owners in this area. In order for these properties to redevelop in a cohesive and complementary manner, they will either have to be consolidated under fewer owners,or the owners of the properties will have to cooperatively plan for the area's'overall redevelopment. To assure that cooperative planning of the area's overall redevelopment will occur,no development application for a property in the area;other than for a limited expansion(no more than 20 percent of existing floor area),shall be approved prior to approval of an overall Master Plan for all properties that are within Area of SpeCial Concern 16. This overall Master Plan shall be agreed to by 50 percent of the property owners in the area and property owners in the area representing at least 50 percent of the acreage. See Staff Report page 4 • Page 4 of 5 Findings Conclusion and Order • • 5. Except as discussed above the Hearings Officer concurs with the Findings and Conclusion in the Staff Report that the Application should be approved in accordance with the Recommended Conditions.12 Except to the extent they are inconsistent with Hearings Officer findings and conclusions above the Finding and Conclusions in the Staff Report are adopted in support of approval of the Application. CONCLUSION Based on the findings above the Application will conform to the Applicable Approval Criteria if constructed in accordance with'the Recommended Conditions of Approval, set forth in the Staff Report. Recommend Conditions III.A.5. and HI.B.3.b. are revised to permit the construction of a portion of SW Montage Way to the County's SAL-4 standard, if approved by the Fire Marshal and an appropriate signage and striping plan is provided as part of the Final Approval application. ORDER The Application is approved subject to the Recommended Conditions set forth in above. Se;,-Ember 22,2006 I ale . Hermann Hearings Officer • 12 Except that Recommended Conditions of Approval ffl.A.S.and III.B.3.b.should be revised to permit the construction of a portion of SW Montage Way to the County's SAL-4 standard,if approved by the Fire Marshal and an appropriate signage and striping plan is provided as part of the Final Approval application. Page 5 of 5 Findings Conclusion and Order ."•, i • . . ,, ,,__ *. i , , , . , , , 1 , ),-,-, -•.r:p... ' 1 i . • ...( SW CEDARCREST ST. • I- i 1 alpha .1.fga, \ ............a.- „..--'`-----„ ( . ,,, ... 0 EVE-":0; :1■A‘L:NT ..... .. ....„........ ........._ -.asst.., in,t,4,.4:... „' , I 1 900 SW Oak Surte 230 .__,,..., •,:•,••;.. Z -: 1111 "'N. . , 2---.,...5„4,9., _-.,,,, ,....*,- i Portfancl.OR 97223 , ‘2••• fi ' -'-''. '.49t''',, \ , „'' , I- -4 (119:0-030203 R5cooloo43 • ........onwon,r,...it,,.... e I . I . 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' . .-. . , • • CASEFILE: 06-266-S/D(R)/AMP/HRV Api Washington County APPLICANT: Department of Land Use and Transportation Palmer and Associates °IV Land Development Services 9600 SW Oak Street, Suite 230 155 N First Ave,Suite 350 Portland, OR 97223 Hillsboro,OR 97124 APPLICANT'S REPRESENTATIVE: RECOMMENDATION Alpha Community Development & STAFF REPORT 9600 SW Oak Street, Suite 230 Portland, OR 97223 PROCEDURE TYPE III CONTACT PERSON: Kirsten Van Loo (503)452-800 3 CPO: 1 OWNER: COMMUNITY PLAN Green-Hampton LLC Cedar Hills-Cedar Mill 11230 SW Muirwood LAND USE DISTRICT: Portland,OR 97225 TO: R18-24 (Transit Oriented R esidential) MAP/TAX LOT: LOCATION: 1S1 26 DB 1100 On the south side of SW Hall Blvd approximately ADDRESS: 450 feet east of its intersection with SW 9325 SW Hall Boulevard Greenburq Road/SW Oleson Road. PROPOSED DEVELOPMENT ACTION: Preliminary Approval and Development Review for a 33-Lot Subdivision in located in a Transit Oriented District, a Conceptual Master Plan for Area of Special Concern 16 on the M etzger-Progress Community Plan, an Access Management Plan for Access to SW Hall Blvd., and a Hardship Relief Variance to Reduce the Street Side Yards (Frontage Minimum) for Lots 6, 12, 17, 24 and 33 (along Montage Way and the extension of SW 92° Avenue). August 17, 2006 RECOMMEDATION: Staff recommends the Hearings Officer approve the request for Preliminary Approval for a 33-lot subdivision and the request for a Hardship Relief Variance to the Street Side Yards for Lots 6, 12, 17, 24 and 33, subject to the attached Conditions of Approval (Attachment`B'). Staff recommends denial of the request for interim vehicular access to SW Hall Blvd. Attachments A. -- Vicinity Map B. -- CONDITIONS OF APPROVAL C. -- Staff Report D. -- Transportation Report E. -- Street Trees F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.H RV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment B Recommended Conditions of Approval I. PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES THE APPLICANT SHALL: A. Obtain a Grading Permit from Building Services (503-846-3470). The Grading Permit must follow the requirements of the Building Services Division's Grading Submittal Package Checklist. Show all proposed retaining walls on the final grading plan. Depending upon the height of the wall and site conditions, the applicant may be required to obtain a Building Permit. The Building Services Division will determine the Building Permit requirement. NOTE: The applicant will be required to obtain perm its from O.D.O.T. to access SW Hall Boulevard, to direct any surface water drainage to an O.D.O.T. facility or to perform any work within the SW Hall Boulevard right-of-way. B. Obtain approval for an Access Permit for temporary construction access to the site if construction access is proposed from SW 92nd Avenue. Access Permit forms are available at the Land Developm ent Services Counter. Temporary construction access may be located on SW Hall Blvd, if the applicant can demonstrate compliance with the County's sight distance and safety standards. The temporary construction access must be abandoned prior to obtaining occupancy of the first dwelling unit. (A permit from O.D.O.T. is also required for construction access to SW Hall Blvd.) NOTE: If a Facility Permit has been issued, an access permit will not be required. C. A Clean Water Services (the District) Site Development Permit must be acquired. Application for the District Site Development Permit must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order 04-9 (R&0 04-9) and is to include: 1. Compliance with all provisions of all the District's Design and Construction Standards, R&0 4-9. 2. Detailed grading and erosion control plan. A 1200-C Erosion Control permit will be required. 3. Hydraulic and hydrological analysis of storm conveyance will be required. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow as provided in the above named design standards. • . Casefile 06-266-S/D(R)/AMP/HRV Attachment B—Recommended Conditions of Approval Page 2 4. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. 5. Provisions for water quality in accordance with the requirements of the above named design standards. An all-weather access shall be provided to the structures within the water quality facility. 6. Site contains a "Sensitive Area."Applicant shall comply with the conditions as set forth in the Service Provider Letter No. 06-000 220, dated June 19, 2006. 7. Developer may be required to preserve a corridor separating the sensitive area from the impact of development. The corridor must be set aside in a separate tract and not part of any buildable lot. 8. Detailed plans showing the sensitive area and corridor delineated, along with restoration and enhancem ent of the corridor. 9. Provide DSL and Corps of Engineers permits for any work in the wetlands or creek prior to any on site work, including grading and erosion cont rol. Include permit number on cover sheet of plans or provide concurrence with the delineation. • NOTE: The above noted improvements must be completed to the District's satisfaction. The as-constructed drawings(as-builts), or a bond guaranteeing the as-built s, shall be submitted and accepted by the District. II. PRIOR TO SUBMITTAL OF THE PROPOSED FINAL SUBDIVISION PLAT TO THE COUNTY SURVEY DIVISION: Submit two (2) copies of the proposed final plat to Clean Water Services (503-846- 8621), the Engineering Division (503-846-7900) and Land Development Services (503- 846-8761). Contact the County Surveyor's Office (503-846-8723)for information regarding submittal and review procedures. III. PRIOR TO FINAL APPROVAL AND SUBDIVISION PLAT RECORDATION (WITHIN TWO YEARS): A. Submit to the County Survey Division (503-846-8723): Fifteen (15) copies of the proposed final plat which shall comply with Oregon Revised Statutes, Chapter 92 and Section 605 of the Washington County Community Development Code. The following shall be included on the plat: 1. All easements and tracts. 2. The use, ownership and maintenance rights for all easements and tracts. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • I Casefile 06-266-S/D(R)/AMP/HRV Attachment B—Recommended Conditions of Approval Page 3 3. Water quality facility within a tract, if required by Clean Water Services. 4. Sufficient right-of-way along the SW Hall Blvd. frontage to create 49-feet of right-of-way from centerline. 5. Sufficient right-of-way and easements and/or a tract to construct one of the following improvements: The construction of a full-street improvement of Montage Way far enough north past the southern lot li ne of lot 1000 to ensure that a public road can be extended east across lot 1000. If the applicant chooses this option, the applicant must construct a full street improvement for the length of the public portion of Montage Way and the remainder of Montage Way must be constructed to the appli cable private street standard (409-3.3 A.(9)), which includes a 24-foot paved width and curbs and sidewalks on both sides. The public portion of Montage Way shall be constructed to the County's SAL-2 standard. Pursuant to Section 431-5.1 B., the sidewalks along the east side of Montage Way can be temporary. Or, a full street improvement along the portion of Montage Way that is bordered by the project site on both sides and a half-street improvement along the remainder of Montage Way, which abuts tax lot 1000. The full street improvement shall be constructed to the County's SAL-2 standard and the remainder of Montage Way must be constructed to the equival ent half-street standard. 6. Sufficient right-of-way and easements for the southern portion of SW Montage Way. 7. A non-access restriction along the SW Hall Blvd. frontage. The non- access restriction must be described i n the "notes"section of the plat. 8. Public pedestrian access easement across the sidewalks along SW Montage Way. 9. Public pedestrian and bicycle access easements across all accessway tracts. B. Submit to Land Development Services (Public Assurance Staff, Tracy Stone, 503-846-3843) 1. Completed "Design Option" form. 2. $16,653.00 Administration Deposit. 3. Three (3) sets of complete engineering plans for the construction of the following public improvements: F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc Casefile 06-266-S/D(R)/AMP/HRV Attachment B—Recommended Conditions of Approval Page 4 a. SW 92nd Avenue, through the project site, must be constructed to the SAL-2 standard or acceptable equivalent. The road must be designed to have a 28-foot paved width, four-foot wide planter strips and five-foot wide sidewalks. b. The public portion of SW Montage Way must be constructed to the SAL-2 standard or acceptable equivalent. The public road portion must be designed to have a 28-foot paved width, four-foot wide planter strips and five-foot wide sidewalks. The public portion of SW Montage Way shall be extended far enough north to facilitate access to tax lot 1S1 26DB 1000. If the applicant chooses this option, the applicant must construct a full street improvement for the length of the public portion of Montage Way and the remainder of Montage Way must be constructed to the applicable private street standard (409-3.3 A.(9)), which includes a 24-foot paved width and curbs and sidewalks on both sides. The public portion of Montage Way shall be constructed to the County's SAL-2 standard. Pursuant to Section 431-5.1 B., the sidewalks along the east side of Montage Way can be temporary. Or, a full street improvement along the portion of Montage Way that is bordered by the project site on both sides and a half-street improvement along the remainder of Montage Way, which abuts tax lot 1000. The full street improvement shall be constructed to the County's SAL-2 standard and the remainder of Montage Way must be constructed to the equiv alent half-street standard. c. Private street connection to a public street, where the public and private sections of SW Montage Way intersect. d. Private street connection to a public street, where Tract D intersects with SW Montage Way. e. Private street connection to a publ is street, where Tract F intersects with SW 92nd Avenue. f. SW Hall Blvd., along the project site, must be improved to an A-4 standard. g. Emergency access from SW Montage Way to SW Hall Blvd. A driveway "drop"will not be permitted in this location. The applicant shall construct the emergency access using grass pavers or an equivalent material, subject to the approval of the Fire Marshal and the Engineering Division. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment B—Recommended Conditions of Approval Page 5 h. Improve SW 92nd Avenue between the project's southern boundary and SW Borders Street to a 22-foot paved width and a five-year wearing surface. SW 92nd Avenue is currently improved to a 19-foot paved width in this location. Improve SW Borders Street between SW 92nd Avenue and SW 90th Avenue to a 22-foot paved width and a five-year wearing surface. SW Borders Avenue is improved to an 18-foot paved width in this location. j. Lighting along all public street frontages. These improvements shall be constructed in accordance with the requirements of the Washington County Uniform Road Improvement Design Standards. They shall be completed and accepted by the County within the time frame specified in the public assurance contract, or prior to final building inspection approval, whichever occurs first. C. Obtain Departmental approval, provide financial assurance and obtain a facility permit for construction of the public improvements listed in Conditions III.B.3.a-j. D. Ensure the construction, maintenance and power costs of street light facilities through the annexation and petition for service to an existing County service district for lighting or other funding method approved by the County Engineer. E. The following documents shall be executed (Survey Division, Jamil Kamawal, 503-846-7932): 1. A non-access restriction along the site's frontage of SW Hall Boulevard, except for emergency access at the intersection of Montage Road and SW Hall Blvd. 2. Petition and waiver not to remonstrate against the formation of a road maintenance local improvement district. NOTE: The Local Improvement District must be formed prior to plat recordation. The L.I.D. formation process takes 3 to 5 weeks. F. Submit to Land Development Services, Project Planner(Alexandra Howard, 503-846-3847): 1. Final Approval form (Type I procedure; two copies). NOTE: The Final Approval application shall contain a written statement and complete evidence/documentation that all Conditions of Approval have been met. The Final Approval application must be submitted within two years of the date of this decision. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc Casefile 06-266-S/D(R)/AMP/HRV Attachment B-Recommended Conditions of Approval Page 6 2. Final Approval fee. 3. Final plat. 4. A Copy of the appropriate access, drainage or any other permits from O.D.O.T. and a letter from O.D.O.T. describing the required O.D.O.T permits. NOTE: The applicant shall construct 12-foot wide sidewalks along the SW Hall Blvd. frontage unless 12-foot wide sidewalks are prohibited by O.D.O.T. The applicant shall also improve the SW Hall Blvd. standard to the County's A-4 standard, unless an alternative improvement standard is required by O.D.O.T. 5. Revised findings for Section 413 demonstrating compliance with the on- street parking standards based on the updated site plan. 6. A copy of the final site plan that has been approved by the Fire Marshal. 7. Provide evidence that easem ent (identified as deed document number 95053420 on the subm itted plans) for the mobile MRI trailer that encroaches on to proposed lot 13 has been vacated. 8. Updated building elevations showing either greater variation within the proposed six-unit structure or a second structure type and a building • painting plan. 9. Revised findings for Section 431-7. The findings shall explain the location of all required recreational structures. If Tract A is needed for common open space purposes, the findings shall describe the required decorative fencing. 10. A registered professional engineer shall provide written certification that the proposed design of any private street tracts complies with the applicable requirements of Sections 409-3.3, 409-3.5 and 409-3.6, any modifications approved pursuant to Section 409-3.8 and in accordance with the preliminary approval. 11. A revised plans illustrating the following: a. The public road extension of Montage Way to the north. b. A revised on-street parking plan, based on required changes to the overall site plan. c. An accessway tract and path along the south side of lots 19 through 24. The paved portion of the path must be at least five feet wide. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc S Casefile 06-266-S/D(R)/AMP/HRV Attachment B—Recommended Conditions of Approval Page 7 d. An accessway tract and path along the east s ide of lots 29 through 33. The paved portion of this path must be at least five feet wide and the tract must be ten feet wide. • e. Pedestrian scale lighting along all pedestrian streets. f. A lighting plan demonstrating compliance with Section 415. g. 12-foot wide sidewalks along the SW Hall Blvd. frontage. h. An open space plan showing the location of all recreational features in accordance with Section 431-7. If Tract A is needed for 431-7 common open space purposes, plans and elevations for a - decorative wall along SW Hall Blvd. must be provided. A revised landscaping plan sheet. The revised landscaping plan shall include a planting plan for the water quality facility. IV. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY DWELLING UNIT: A. Meet with the commercial plans examiner prior to submitting building permit application/plans. B. Obtain Final Approval and record the plat, as required above. C. Provide a fire flow test demonstrating available flow at 20 psi residual pressure. NOTES: The Tualatin Valley Fire and Rescue Di strict will likely condition the applicant to provide residential fire sprinklers in accordance with NFPA 13D at each new dwelling unit. Residential Fire Sprinklers in accordance with NFPA 13 D will be considered an alternate to excess roadway grade, reduced street width and aerial fire apparatus access. Please contact the Tualatin Valley Fire and Rescue District for specific fire protection requirem ents and regulations. Structures in excess of 30-feet in height. Structures in excess of 30 feet in height will require aerial fire apparatus. D. Submit with the building plans to Building Services (503-846-3470) a site plan showing the following: 1. Street trees along all street frontages as shown on the plans stamped, "Final Approval." 2. Sidewalks along all frontages and in al I tracts as shown on the plans stamped, "Final Approval." The applicant shall contact Land Development Services Division to schedule a site inspection by the project planner. E. Pay Traffic Impact Fee. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc i 1 Casefile 06-266-S/D(R)/AMP/HRV Attachment B—Recommended Conditions of Approval Page 8 V. PRIOR TO BUILDING OCCUPANCY AND/OR FINAL BUILDING INSPECTION APPROVAL FOR ANY DWELLING UNIT: A. Construct/install and obtain County Inspection approval for the following improvements: 1. Construct all improvements required by O.D.O.T. 2. All improvements required under Condition IlI.B.3.a-j. 3. Street trees along all street frontages as shown on the plans stamped, "Final Approval." 4. Sidewalks along all frontages and in al I tracts as shown on the plans stamped, "Final Approval." The applicant shall contact Land Development Services Division to schedule a site inspection by the project planner. B. All facilities and improvements required by Clean Water Services shall be completed and approved by the District. C. A registered professional engineer shall provide written certification that the all private street tracts were constructed in compliance with the applicable requirements of Sections 409-3.3, 409-3.5 and 409-3.6, any modifications approved pursuant to Section 409-3.8 and in accordance with the preliminary approval. VI. ADDITIONAL CONDITIONS: A. This development shall be constructed in accordance with the conditions of this decision, the approved final plans and the standards of the Community Development Code (Section 207-5). B. All conditions of approval shall be binding upon all heirs, successors and assigns (Section 207-5). C. Transferability of this Development Permit shall be in accordance with Section 201- 8. D. This approval shall automatically expire two years from the date of this approval, unless development has commenced, an application for an extension is filed, or this approval is revoked or invalidated (Section 201-4). E. The property owner shall continuously maintain adequate sight distance. This may require the property owner to periodically remove obstructing vegetation from the road right-of-way (and on site). F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc Casefile 06-266-S/D(R)/AMP/HRV Attachment C STAFF REPORT I. APPLICABLE STANDARDS A. Washington County Comprehensive Plan B. Metzger-Progress Community Plan C. 2005 Washington County Community Development Code: 1. Article II, Procedures: Section 202-3 Type III Procedure Section 203-3 Neighborhood Meeting Section Section 204 Notice of Type I, II, or III Development Actions Section 207-5 Conditions of Approval 2. Article III, Land Use Districts: Section 375 Transit Oriented Districts 3. Article IV, Development Standards: Section 404 Master Planning Section 407 Landscape Design Section 408 Neighborhood Circulation Section 409 Private Streets Section 410 Grading and Drainage Section 411 Screening and Buffering Section 413 Parking and Loading Section 416 Utility Design Section 418 Setbacks Section 419 Height Section 426 Erosion Control Section 427 Solar Access Section 431 Transit Oriented Design Principles, Standards and Guidelines Section 435 Variances and Hardship Relief 4. Article V, Public Facilities and Services: Section 501 Public Facility and Service Requirements Section 502 Sidewalk Standards 5. Article VI, Land Divisions and Lot Line Adjustments: Section 605-2 Urban Land Divisions(Subdivisions and Subdivisions) D. 2002 Transportation Plan E. Ordinance No. 379-Washington County Traffic Impact Fee Ordinance F. Resolution and Order No. 86-95- Determining Traffic Safety Improvements Under the Traffic Impact Fee Ordinance G. Ordinance No. 524- Uniform Road Improvement Standards H. Resolution and Order No. 04-9, concerning Erosion Control, Water Quality and Water Quantity. II. AFFECTED JURISDICTIONS Sewer: Clean Water Services Streets: Washington County Dept. of Land Use and Transportation Drainage: Washington County Dept. of Land Use and Transportation Water Quality and Quantity: Clean Water Services Erosion Control: Clean Water Services Water: Tualatin Valley Water District Fire Protection: Tualatin Valley Fire and Rescue Police Protection: Washington County Sheriff Schools: Beaverton School District Transit: TriMet • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 2 III. FINDINGS A. Background Information: 1. The applicant requests approval of the following: (i) Preliminary Approval for a 33-lot Subdivision; (ii) A Hardship Relief Variance to Reduce the street-side yard setback for lots 6, 12, 18, 24,25 and 33 from ten feet to eight feet; and (iv) An Access Management Plan to permit interim vehicular access to SW Hall Blvd. 2. The project site (tax lot 1S1 26DB 1100) is located at 9325 SW Hall Blvd., which is on the south side of SW Hall Blvd, east of SW Greenburg Road and west of SW 90th Avenue. 3. The site is 2.04-acres and is designated TO: R18-24(Transit Oriented District, 18 to 24 Units per Acre)on the Metzger-Progress Community Plan. 4. Access to the site will be provided via an extension of SW 92nd Avenue. The applicant requested approval of access to SW Hall Blvd. However, the County's Traffic Engineer determined that access to SW Hall Blvd. should not be approved at the intersection of SW Montage Way and SW Hall Blvd because an alternate access to the south is available; the access was not denied based on safety concerns. For information regarding road access standards,connectivity requirements and the Traffic Engineer's findings please refer to Section 408 of this Staff Report and the Transportation Report,which is provided as Attachment D to this Staff Report. 5. This application is being reviewed through a Type III procedure because the applicant elevated the review from a Type II to a Type III process due to the complexity of the project and neighborhood concerns. 6. A public notice was issued for this project in accordance with County requirements. As of the date that this Staff Report was written, County staff received four letters of comment in response to the public notice. Individuals who live in the neighborhood south of the project site wrote all the letters of comment.Although each of letters were different, the following issues were raised in all of the letters: (1) requests to require the applicant to take access from SW Hall Blvd.; (2),concerns about traffic impacts to local streets and pedestrian safety on the local streets that will provide access to the project site; and(3), increased surface water runoff as a result of the proposed development.Additionally, some of the letter authors and a number of individuals who called with questions about the proposed development were under the impression that approximately 80 to 100 lots will be developed at part of this application. The applicant submitted a request to obtain interim access to SW Hall Blvd. The applicant's request was based largely upon the argument that a permanent road access to SW Hall Blvd.was granted in the same location via Washington County Casefile 03-048-D(C)/P/AMP and that the previously granted access is still applicable. The County's Traffic Engineer reviewed the proposed request and determined that since there is an existing road network to the south, than an exception to the access criteria, which is needed to access SW Hall Blvd. should not F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 3 be granted for the proposed project. The previous access approval to SW Hall Blvd was based on the fact that the previously approved project was a commercial development. As expressed in the received comment letters and in numerous phone calls, some residents who live south of the proposed development site and on the streets that will be used by the new residents of the proposed project,believe that the road network to the south is insufficient to convey traffic generated by the proposed project and provide safe pedestrian access for residents. The streets to the south of the proposed development will need to be improved to a 22-foot paved width and a five-year wearing surface by the applicant to ensure safe vehicular access. However, the County does not require off-site pedestrian sidewalks. The applicant is required to obtain a grading permit from Washington County Building Services Division prior to commencing an on-site work. The applicant is also required to obtain a site development permit and an erosion control permit from Clean Water Services.As part of the grading permit review process, Building Services Division staff will need to make the following determinations: (1)that the rate at which water flows off the site will not increase as a result of this development and (2)that the amount of water the flows off the site will not increase as a result of the proposed development. The applicant may be required to provide on-site drainage facilities to meet the requirements of the Building Services Division. However, details for the required facilities cannot be determined until an application for a grading permit is received. Clean Water Services will require the applicant to provide evidence that the existing downstream storm drainage system can service drainage from the site for 24-hours during a major rain event. If the existing public system cannot service the development, the applicant will need to improve the drainage system, pursuant to the requirements of Clean Water Services.Again, any specific improvements will be determined when the applicant submits a site development permit application to Clean Water Services. Pursuant to the Community Plan requirements, the applicant was required to submit a conceptual master plan that demonstrates that the proposed development will not preclude the logical development of all parcels within Area of Special Concern 16. (Area of Special Concern 16 is identified and described in the Metzger-Progress Community Plan.)Accordingly, the applicant provided a drawing that shows that road connections can be provided from the project site that will permit the applicant to develop the site in compliance with the Community Development Code and Community Plan standards in effect at the present time.The dwelling units shown on the master plan east of the project site (the project site is only tax lot 1S1 26DB 1100)will not be approved as part of this development application.Although it is true that the adjacent lots can be redeveloped to a maximum density of 24 units per acre, which is significantly more dense than the five unit per acre lots located south of the development site, a specific development application for those parcels has not been submitted to the County for review; therefore, no lots or dwellings on a tax lot other than 1S1 26DB 1100 can be approved at this time.When and if the properties to the east of the project site are redeveloped, the County will review the project for compliance with all applicable standards. While staff cannot say what a future development will look like, given the size and configuration of the remaining parcels in Area of Special Concern 16 and the fact that a new public street on the south side of SW Hall could be aligned with an existing public street on the north side of SW Hall, it is likely that a future applicant will request access to SW Hall Blvd.through the Access Management Plan process. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 4 7. The site is not located within a Drainage Hazard Area or a Flood Plain. However, the applicant identified a small wetland on the southern portion of the site. The small wetland will be protected, consistent with the requirements of Clean Water Services and the Division of State Lands. B. Washington County Comprehensive Framework Plan: There are no specific Plan policies or goals that affect this request that are not implemented by the Code or the Community Plan. The Framework Plan requires development applications to be in compliance with the Community Development Code and the applicable Community Plan. By demonstrating in this report that the request complies with the standards of the Code and the Community Plan, this Plan requirement will be satisfied. C. Metzger-Progress Community Plan: 1. The site is located in the Metzger School subarea. 2. The site is not located in a Local Street Connectivity Area. 3. The site is located in Area of Special Concern 16. 4. The site does not contain a Significant Natural Resource Area. Staff reviewed the project for compliance with the General Design Elements of the Metzger- Progress Community Plan and determined that when the site is constructed in compliance with the Conditions of Approval this project will comply with the General Design Elements of the Metzger-Progress Community Plan. The project site is identified as part of Area of Special Concern 16 on the Metzger-Progress Community Plan. Area of Special Concern 16: There are multiple property owners in this area. In order for these properties to redevelop in a cohesive and complementary manner, they will either have to be consolidated under fewer owners, or the owners of the properties will have to cooperatively plan for the area's overall redevelopment. To assure that cooperative planning of the area's overall redevelopment will occur, no development application for a property in the area, other than for a limited expansion (no more than 20 percent of existing floor area), shall be approved prior to approval of an overall Master Plan for all properties that are within Area of Special Concern 16. This overall Master Plan shall be agreed to by 50 percent of the property owners in the area and property owners in the area representing at least 50 percent of the acreage. The applicant prepared a conceptual master plan for Area of Special Concern 16. The submitted master plan shows an attached townhouse development,potential and likely circulation patterns, landscaping and open space and a water quality facility. The proposed plan is conceptual but demonstrates that the proposed project will not preclude the complementary and coherent development of the other properties within Area of Special Concern 16.The applicant provided a list of contacts with the adjacent property owners demonstrating an attempt to coordinate in the creation of the conceptual master plan. D. Washington County Community Development Code: 1. Article II, Procedures: Section 202-3 Type III Procedures F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • . Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 5 202-3.1 Type Ill actions involve development or uses which may be approved or denied, thus requiring the exercise of discretion and judgment when applying the development criteria contained in this Code or the applicable Community Plan. Impacts may be significant and the development issues complex. Extensive conditions of approval may be imposed to mitigate impacts or ensure compliance with this Code and the Comprehensive Plan. 202-3.2 The following are Type Ill actions: A. Those identified in this Code as Type Ill; B. Those not identified or otherwise classified which are determined by the Director to be substantially similar to the uses or development designated as Type Ill, require the exercise of significant discretion or judgment, involve complex development issues, or which likely will have significant impact. The determination may be challenged on appeal of the decision on the proposed development but is not subject to appeal on its own;and C. Quasi-judicial plan amendments. STAFF: The proposed project was elevated to a Type III procedure due to the complexity of the development. Section 203-3 Neighborhood Meetings STAFF: As required by this Section, the applicant conducted a neighborhood meeting on January 31, 2006. The application included the necessary documentation verifying compliance with the neighborhood meeting requirement, pursuant to Section 203-4.2 (I) of the Code. Four attendees signed the attendance roster. According to the submitted meeting notes, the following issues were discussed at the meeting: traffic impacts on local streets, preservation of the on-site wetland area and animal habitat concerns. Transportation and circulation requirements are addressed in Section 408 of this Staff Report and in the Transportation Report,which is provided as Attachment D to this Staff Report. Section 204 Notice of Type I,II or Ill Development Actions A Type Ill public notice was prepared and distributed for this project. Section 207-5 Conditions of Approval 207-5.1 The Review Authority may impose conditions on any Type Il or Ill development approval. Such conditions shall be designed to protect the public from potential adverse impacts of the proposed use or development or to fulfill an identified need for public services within the impact area of the proposed development. Conditions shall not restrict densities to less than that authorized by the development standards of this Code. STAFF: Conditions of approval may be imposed to ensure compliance with the standards of the Code and other County regulations and to mitigate any adverse impacts the development may have on the surrounding area. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 6 2. Article Ill, Land Use Districts: Section 375 Transit Oriented Districts STAFF: The project site is located in the TO:R18-24 District(Transit Oriented Residential, 18-24 Residential Dwelling Units Per Acre).According to County records, the gross site area is 2.07-acres. After the wetlands and required wetland buffer areas, (0.25-acre)are subtracted from the gross site area,the developable portion of the site is reduced to 1.82-acres. Based on a site area of 1.82-acres, the minimum density for the project site is 33 units (1.82 x 18= 32.76)and the maximum density for the project site is 44 units(1.82 x 24 = 43.68). However, it should be noted that because the project site is located in a transit oriented district, the buildable site area could be further reduced if the applicant decided to subtract all or part of the site that will become public right- of-way. The applicant would like to construct attached single-family townhouses. Townhouses are permitted in the TO:R18-24 District through a Type II • procedure. The TO:R18-24 District does not include a minimum lot area requirement.The TO:R18-24 District does not include any minimum lot dimension requirements. The minimum frontage setback in the TO:R18-24 District is 10-feet. The maximum frontage setback in the TO:R18-24 District is 15-feet. The site plan demonstrates general compliance with this standard for all yards except those along Montage Way. The applicant requested a hardship relief variance to the minimum frontage requirement for the portion of lots 6, 12, 17, 24 and 33 that abuts Montage Way. Each building will be reviewed for compliance with the frontage minimum and maximum setbacks during the building permit review process. Findings regarding the requested hardship relief variance are provided in Section 435 of this Staff Report. The proposed project was reviewed for conformance with the requirements of Section 375-7 Development Limitations for Permitted Uses in Transit Oriented Districts. 3. Article IV, Development Standards: Section 404 Master Planning STAFF: The applicant submitted the information required by this Section. This includes information regarding topography, circulation, soils, drainage, vegetation and existing structures. This information is in the Casefile. Section 407 Landscape Design STAFF: Street trees shall be planted along all public and private roadways and access drives as required by Section 407-7. The applicant shall plant street trees along public and private roads. In transit oriented districts, street trees must be planted 30-feet on center. The proposed planting plan demonstrates compliance with this requirement. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 7 Additional landscaping requirements are addressed in Section 431 of this Staff Report. Section 408 Neighborhood Circulation STAFF: Refer to Section 431 of this Staff Report for findings regarding neighborhood circulation and road connectivity requirements. Section 409 Private Streets STAFF: The applicant will construct a series of private alley tracts to provide vehicular access to the rear of each of the proposed lots.The private alley tracts must be constructed to a 16-foot paved width. • The applicant may construct a portion of Montage Way as a private street. (The applicant also has the option of constructing all of Montage Way as a public street. This topic is addressed in Section 431 of this Staff Report.) If the applicant constructs the northerly portion of Montage Way as a private street,the street must be constructed to a 24-foot paved with curbs and sidewalks on both sides(409-3.3 A.(9)). Pursuant to Section 431-5.1 B., the sidewalks on the east side of Montage Way, (if it is constructed as a private street), may be temporary. Section 410 Grading and Drainage STAFF: The applicant submitted a preliminary grading plan pursuant to Section 410-1.1. A final grading plan shall be submitted prior to any on-site work and shall meet the requirements of Section 410 and shall comply with the applicable conditions of approval. The submitted grading plan indicates that the applicant will perform grading activities to construct the public and private street system and to create a level development site;the amount of grading needed to facilitate the road network and the building pads is relatively minimal. The applicant will perform more extensive grading activities in the wetland to comply with CWS and DSL requirements to improve the quality of the on-site wetland and to construct the water quality facility. Streetscape Exhibit I indicates that retaining walls may be constructed as part of the landscape improvements to the pedestrian tract. It appears that the retaining walls will be approximately two-feet tall. This wall was not shown on the preliminary grading plan. The site plan indicates that walls will be constructed at the west end of the alley tracts.All walls must be shown on the final grading plan. Depending on the height of the wall and site conditions, the Building Services Division may require the applicant to obtain a building permit to construct the wall. The applicant is not permitted to exacerbate any existing drainage problems on adjacent properties. In order to obtain a grading permit for the site the applicant must provide documentation that the proposed development will not shed or direct water on to adjacent properties at a rate that exceeds the predevelopment rate. Compliance with this requirement will be determined by the Building Services Division staff during the grading permit review process. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc . • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 8 Building Services Division staff reviewed the proposed project and provided recommended conditions. Those conditions have been incorporated in the Staff Report and Conditions of Approval. As noted above,the applicant will need to obtain a Grading Permit prior to commencing any on-site work. The applicant will also need to obtain an Erosion Control Permit and a Site Development Permit from Clean Water Services. Section 411 Screening and Buffering STAFF: Pursuant to Section 411, the applicant must provide a Type 4 buffer between the TO:R18-24 District and the R-5 District properties. Pursuant to Section 431-8, which addresses transitions in density between transit oriented and non-transit-oriented districts, any buildings in the TO:R18- 24 District that are within 100-feet of an R-5 property must not exceed 35-feet in height. Based on the submitted elevations and the Height definition provided in Section 106 of the Code,the residential buildings will not exceed the R-5 adjacent 35-foot height limit. All residential buildings within the proposed development are over 60-feet from any R-5 properties. The proposed project complies with the screening standards established by Section 411 and by Section 431-8. Section 413 Parking and Loading STAFF: Each of the proposed units will have two on-site parking spaces within a garage. The narrative indicates that lots 1 through 18 will have an additional space outside of the garage. The applicant will extend SW 92nd Avenue through the site.The extension of SW 92nd Avenue will be constructed to a 28-foot paved width. Parking is permitted on both sides of a 28-foot street. The public portion of Montage Way will need to be constructed to a 28-foot paved width. The public portion of Montage Way must extend far enough north to provide access to tax lot 1000. Parking is permitted on both sides of a 28-foot street. The private portion of Montage Way is shown with a 24-foot width. Parking is permitted on one side of a 24-foot street. Section 416 Utility Design STAFF: All new utilities must be located underground as required by Section 416-1.All utility easements shall be provided in accordance with Section 416-1.3. The applicant submitted the required preliminary utility plan. Section 418 Setbacks STAFF: According to the streetscape exhibit included in the narrative,the applicant has proposed a small retaining wall in the landscape/pedestrian access tract. The F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 9 retaining walls appear to be approximately two-feet tall.Any retaining wall within a setback area must not exceed seven feet in height. Section 419 Height STAFF: According to the streetscape exhibit included in the narrative,the applicant has proposed a small retaining wall in the landscape/pedestrian access tract. The retaining walls appear to be approximately two-feet tall.Any retaining wall within a setback area must not exceed seven feet in height. Section 426 Erosion Control STAFF: Section 426 requires erosion control measures in the Tualatin River and Oswego Lake sub-basins during construction to control and limit soil erosion. Section 426-5.2 allows the erosion control plan submission and review to be deferred until the time of any on-site work or construction. The applicant is required to obtain an erosion control permit consistent with the requirements of Section 426 prior to any physical change or construction on the site. On July 1, 1990, the Unified Sewerage Agency (USA)assumed responsibility for erosion control within their district boundaries.The applicant will be required to submit a final erosion control plan to Clean Water Services(formerly USA)for their approval prior to any on-site or off-site work(including work within the right- of-way)or construction. Section 427 Solar Access STAFF: The solar access design standards apply to single-family detached dwelling units. The applicant will construct attached single-family dwelling units. Therefore, the solar access design standards do not apply to the proposed project. Section 431 Transit Oriented Design Principles, Standards and Guidelines 431-4 Circulation System Design The design and location of the circulation system in a community is the key element for determining pedestrian orientation, connectivity and the arrangement of land uses. These principles and standards apply to the design and location of the circulation system in transit oriented districts. A. Pedestrian routes in a transit oriented district shall, to the extent practicable, directly connect major activity centers(concentrations of employment and households, major public buildings and spaces, institutional uses and parks and common open spaces, and shopping areas) and transit stops, particularly light rail stations; B. Block dimensions and perimeters shall be at an urban rather than a suburban scale; C. Provide accessways and greenways, as needed, to supplement pedestrian routes along pedestrian streets; and F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 10 D. Provide clearly marked and well-designed pedestrian street, driveway, loading area and surface parking lot crossings. 431-4.2 Standards A. In addition to the standards of this subsection, development in a transit- oriented district shall be subject to the requirements of Section 408, Section 409, and Article V. In the event of a conflict between the requirements of Sections 408, 409 and Article V, the requirements of Section 431-4 shall control. B. Other Community Development Code provisions that apply to Collectors shall apply to Special Area Collectors;provisions that apply to Neighborhood Routes shall apply to Special Area Neighborhood Routes;provisions that apply to Local Streets shall apply to Special Area Local Streets and Special Area Commercial Streets. In the case of a conflict, specific Special Area street provisions may control. C. Blocks (1) Block perimeters for blocks with more than four sides, as defined by public or private streets, accessways or greenways, shall not exceed sixteen hundred(1,600) feet measured along the nearside curb line of the public or private street or the centerline of the defining accessway or greenway. These standards shall not be used to provide direct connections to collector roads where indirect connections are specifically shown in the community plan. (2) Block lengths for streets, accessways and greenways shall not exceed three hundred thirty(330) feet between public or private streets, accessways or greenways, measured along the nearside curb line of the public or private street or the centerline of the accessway or greenway. These standards shall not be used to provide direct connections to collector roads where indirect connections are specifically shown in the community plan. STAFF: The applicant will extend SW 92nd Avenue north into the project site and will provide additional road extensions to the east and north.The easterly extension will provide a stub street connection to tax lot 1S1 26DB 900. The northerly extension will provide a connection to tax lot 1S1 26DB 1000. The extension to the north can be constructed in one of two ways: • The applicant can extend the public portion of Montage Way far enough north past the southern lot line of lot 1000 to ensure that a public road can be extended east across lot 1000. If the applicant chooses this option, the applicant must construct a full street improvement for the length of the public portion of Montage Way and the remainder of Montage Way must be constructed to the applicable private street standard(409-3.3 A.(9)),which includes a 24-foot paved width and curbs and sidewalks on both sides. The public portion of Montage Way shall be constructed to the County's SAL-2 standard. Pursuant to Section 431-5.1 B.,the sidewalks along the east side of Montage Way can be temporary. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 11 • Or, the applicant will be required to construct a full street improvement along the portion of Montage Way that is bordered by the project site on both sides and a half-street improvement along the remainder of Montage Way,which abuts tax lot 1000.The full street improvement shall be constructed to the County's SAL-2 standard and the remainder of Montage Way must be constructed to the equivalent half-street standard. The construction of the street network described above will help create block lengths and block perimeter lengths that comply with the standards established by Section 431-4.2 D. Design STAFF: All streets needed to meet the block connectivity standards will be public. All public streets within the development will be constructed to a Special Area Local Street standard. There is one Special Area Local Street and Special Area Local Street intersection within the project site. Given that the intersection is a knuckle intersection, the Engineering Division shall determine if curb extensions are appropriate in this location. All lots within the proposed development will take access from private alley tracts. The alley tracts will not be used to meet block length or block perimeter lengths. Because each lot within the development will take access from an alley tract, each lot must also have frontage along a public accessway tract or a public or private street. The plans indicate that lots 1 through 18 and lots 25 through 28 have frontage on a street or tract. Lots 25 through 28 will have frontage on Montage Way and lots 1 through 18 will have frontage on a public accessway tract. Lots 19 through 24 have frontage along an open space tract, but not along an accessway tract. Lots 29 through 33 do not have tract frontage. The applicant must provide an accessway tract along the east side of lots 29 through 33 and an accessway tract along the south end of lots 19 through 24. Accessway tracts in the transit oriented districts are supposed to comply with the standards established in Section 408 (431-4.2 B.). Section 408-9 states that accessway tracts that are less than 150-feet in length must have a ten-foot wide paved area within a 15-foot wide tract and tracts that are greater than 150-feet long must be located within a 20-foot tract.The proposed accessway tracts (Tract A and Tract C)do not meet the specifications established in Section 408- 9. However, because the proposed application is being reviewed through a Type III procedure,the applicant is permitted to demonstrate concurrence with the principles that gave rise to the standard, if a specific standard cannot be met. The paved width of the accessway and the accessway tract width are intended to ensure that the accessways are safe and facilitate access. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 12 With respect to safety, Tracts A and C will be located in front of residential units. Individuals using the accessway tracts will always be in view of residents. The new tract along the south side of lots 19 through 24 will be located between residential units and a preserved open space area. Often accessway tracts are located adjacent to side and rear yards where visibility is limited; limited visibility is not a concern adjacent to lots 1 through 24. Staff finds that the applicant shall be permitted to construct Tracts A and C as proposed and to the quality shown in the Streetscape Exhibit drawings. Staff finds that the tract along the south side of lots 19 through 24 can be constructed to the same standard as Tracts A and C. As noted above,the applicant did not provide an accessway tract along the east side of lots 29 through 33. The applicant must provide a path in a tract in this location.The path in this location may be five feet wide and located within a ten- foot tract with the assumption that when the abutting property to the east is developed the tract will be developed to the full width, which is a ten-foot wide path within a 20-foot wide tract. In this case, because the abutting property is undeveloped, staff must ensure that the path and tract will be wide enough to ensure adequate pedestrian visibility. All dwellings will have at least a minimum four-foot setback to the garage. All alleys will provide access to either a local public street or a private street. As part of the final approval application the applicant shall submit a copy of the final site plan that has been reviewed and signed by a Tualatin Valley Fire and Rescue District Fire Marshal. Public access easements must be provided across all accessway tracts. If the applicant develops the northerly portion of Montage Way as a private street, the private street must be constructed to the pavement width specified in Section 409, (e.g., if the street serves more than nine units, the street must be 24-feet wide)and must have sidewalks and planter strips on both sides of the street. Pursuant to Section 431-5.1 B., the sidewalks along the east side of Montage Way can be temporary. Although the alley tracts will private they shall be constructed consistent with the SAL-5 County standard. The proposed project meets the principles of this Section. 431-5 Streetscapes for Pedestrians 431-5.1 Streetscapes— Transit Oriented Districts B. Standards STAFF: Section 431-5.1 B. (2) states that street trees will be planted 30-feet on center and within two to four feet from the back of the curb along all pedestrian streets. The site plan indicates that the applicant will provide street trees along Montage Way and the extension of SW 92nd Avenue consistent with Section 431-5.1. Alleys are not considered pedestrian streets(431-3.8). F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/H RV Attachment C-Staff Report Page 13 All utilities lines must be placed underground and any vault access lids must comply with Section 431-5.1 B. (3). The minimum sidewalk width along Special Area Local Streets is five-feet. The plans indicate that the applicant will provide five-foot wide sidewalks along all Special Area Local Streets.As noted above, five-foot sidewalks must also be provided along any private pedestrian street(431-5.1 B.(4)), but those sidewalks may be temporary where they abut an undeveloped or underdeveloped parcel (431-5.1 B. (5)). Twelve-foot wide sidewalks are required along arterials that are within or adjacent to transit oriented districts. Therefore, the applicant shall provide twelve-foot wide sidewalks along the SW Hall Boulevard, unless twelve foot wide sidewalks are prohibited by ODOT. If twelve foot wide sidewalks are prohibited by ODOT, the applicant shall construct sidewalks to the appropriate ODOT standard. Pedestrian scale lighting is required along all pedestrian streets. Pedestrian streets are defined in Section 431-3.8. The applicant shall provide pedestrian scale street lighting along the SW Hall Blvd.frontage,the Montage Way frontage and along the SW 92nd Avenue extension frontage (431-5.1 B.6). Pedestrian scale street lighting is described in the Pedestrian Design Guidelines Booklet,which is available from the Planning Division. Pedestrian scale lighting along Special Area Local streets within the project cannot exceed 20-feet in height (431-5.1 B. (7)). The applicant shall provide updated building elevations to the project planner as part of the final approval process. The updated building elevations shall show greater differentiation between the units or a slightly different second building design to ensure greater contrast between architectural elements. The applicant shall also submit a painting plan during the final approval process. The proposed project can meet the streetscape standards when built in conformance with the applicable conditions of approval. 431-5.2 Building Entrances B. Standards STAFF: The proposed units all have individual access to pedestrian ways. The applicant shall submit a lighting plan demonstrating compliance with the standards of Section 415-4. All building entrances have four-foot overhangs. The proposed project will comply with the building entrance standards when built in compliance with the applicable conditions of approval. 431-5.3 Building Facades B. Standards F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 14 STAFF: Ground floor windows are provided in all units. No darkly tinted windows are proposed. As demonstrated in the narrative and shown on the plans, at least 20-percent of the front ground floor façade will be comprised of windows and doorways.The applicant shall demonstrate that the"street end" of the units complies with this standard during the final approval process. All of the proposed units have rear-loaded garages and sloped roofs and all windows are vertical or square in proportion. As noted in Section 431-5.1,the applicant shall provide updated building elevations to the project planner as part of the final approval process. The updated building elevations shall show greater differentiation between the units or a slightly different second building design to ensure greater contrast between architectural elements. The applicant shall also submit a painting plan during the final approval process. When constructed in conformance with the applicable conditions of approval, the proposed project will comply with the building façade standards. 431-6 Parking Areas, Garages and Parking Structures Automobile parking areas consume significant amounts of land. Their location and design are key determinants of the attractiveness and pedestrian orientation of a community. The principles and standards in Section 431-6 apply to parking areas, garages and parking structures in transit oriented districts. B. Standards 431-6.1 Location STAFF: All units will have rear-loaded garages.The proposed project complies with the parking area location standards. 431-6.2 Parking Area and Garage Design B. Standards STAFF: All units will have rear-loaded garages with doors that are less than 16-feet wide.The proposed project complies with the parking area and garage design standards. 431-7 Common Open Space Provision of common open space in transit oriented communities is critical to create an attractive location for living, working and shopping near transit. The principles, standards and guidelines in Section 431-7 apply to common open space areas in transit oriented districts. 431-7.1 Location A. Principles F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 15 (1) Common open spaces shall be located within walking distance of all those living, working and shopping in transit oriented areas. (2) Common open spaces shall be easily and safely accessed by pedestrians and bicyclists. (3) For security purposes, common open spaces shall be visible from nearby residences, stores, a pedestrian route and/or pedestrian street or offices. (4) Common open space shall be available for both passive and active use by people of all ages. B. Standards (1) Common open spaces shall be located within all residential and all mixed use residential/non-residential developments with four or more dwelling units, as well as all non-residential developments on sites exceeding one-half-acre.Alternatively, common open space for a development may be located within thirteen hundred feet walking distance of the development. However, if common open space for a residential development is located off-site, it shall be unnecessary to cross an arterial to gain access to the site. (2) Common open space in a residential development shall be located so that windows from the living areas(kitchen, family rooms, living rooms but not bedrooms or bathrooms) of a minimum of four(4) residences face on to the common open space. (3) Common open spaces for residential developments shall not abut roads classified as an arterial. STAFF: The common open space for the development will be located on-site. The main common open space area will be located in front of the main living areas of the dwellings on lots 19 through 24.This area is located in Tract E which is over 10,000 square feet.Although this is a natural area, it is not identified as a Significant Natural Resource on the Metzger-Progress Community Plan;therefore, this area can be considered common open space (431-3.4). If the applicant can provide an element listed under Section 431-7.3 B.(1) in Tract E, (in addition to the play area already shown in the streetscape exhibits), the applicant will comply with the common open space standards. However, if the applicant cannot provide a second element listed under Section 431-7.3 B.(1)within Tract E, the applicant will comply with the common open space principles but not the common open space standards. The applicant shall provide a final common open space plan as part of the final approval application. The common open space plan shall show the location of all structures requirements to comply with Section 431-7.3 B.(1). If the applicant needs to use the area in Tract A to provide a second item listed in Section 431- 7.3 B.(1),which is adjacent to an arterial,the applicant shall be required to provide a decorative fence along the SW Hall Blvd. frontage to create separation between the common open space area and the busy street. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 16 Tract E is over 10,000 square feet and Tract A, if it must be used to provide a recreational amenity, barbecue or other similar feature, is over 1,600 square feet and meets the minimum area and dimensional requirements for common open space areas. 431-7.2 Open Space Design STAFF: The findings provided under Section 431-7.1 addresses the requirements of Section 431-7.2.These issues are directly related and staff believes it is reasonable to contain the responses to one portion of the Staff Report. 431-8 Transitions in Density STAFF: Pursuant to Section 431-8,which addresses transitions in density between transit oriented and non-transit-oriented districts, any buildings in the TO:R18- 24 District that are within 100-feet of an R-5 property must not exceed 35-feet in height. Based on the submitted elevations and the Height definition provided in Section 106 of the Code,the residential buildings will not exceed the R-5 adjacent 35-foot height limit.A Type 4 buffer, as defined by Section 411 is also required between properties designated TO:R18-24 and those designated R-5. All residential buildings within the proposed development are over 60-feet from any R-5 properties. The proposed project complies with the screening standards established by Section 411 and by Section 431-8. 431-9 Landscaping Well-designed and located landscaping can soften the edges of buildings and paving, add aesthetic interest and generally increase the attractiveness of a community. The following principles, standards and guidelines apply to landscaping in transit oriented districts. STAFF: .The applicant will landscape Tracts C and A, will provide water quality landscaping in Tract G and will improve the natural area in Tract E. Based on the submitted application and the provision of a final landscape plan, during the final approval process, the applicant shall provide a final landscape plan. The landscape plan shall include a planting plan for the water quality facility. The water quality facility, pursuant to Section 431-10, shall look more like a landscaped and decorative area than a utility element. If the applicant constructs the proposed project in compliance with the applicable conditions of approval,the proposed project will comply with the standards of this section. 431-10 Water Quantity/Quality Water quantity/quality facilities are necessary elements of the urban landscape in Washington County, but their location and appearance can influence the attractiveness of a community. The following principles and standards apply to water quantity/quality facilities in transit oriented districts. STAFF: Findings regarding water quantity/quality facilities are addressed in Section 431- 9, above. F:\Shared\LDS\USERSWIexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 17 431-11 Signs STAFF: No signs are proposed.Any future signage will need to comply with the requirements of this section. Section 435 Variances and Hardship Relief 435-2.1 Permitted Variances and Hardship Relief Under the provisions of this Section, an applicant may propose a variance or hardship relief from a dimensional standard(as defined by Section 106-61)of this Code, and from the minimum required amount of parking of Section 413, except when: A. The proposed variance or hardship relief would allow a use which is not permitted in the applicable land use district; STAFF: The applicant would like to develop the site with attached single-family dwellings to the minimum density permitted.Attached single-family dwellings are permitted in the TO:R18-24. B. Another procedure is available in this Code for modifying or waiving the particular standard;or STAFF: There are no other procedures in the Code that permit the applicant to reduce the minimum lot area. C. This Code specifically prohibits a variance or hardship relief from a standard(e.g., Section 430-1.1 B.(8)prohibits a variance or hardship relief change to the distance between an accessory structure and a primary structure). STAFF: The requested hardship relief variance is not prohibited. 435-2.2 Prohibited Variances and Hardship Relief Notwithstanding Section 435-2.1, the following standards of this Code may not be varied by the provisions of this Section: A. The minimum and maximum density requirements of a residential land use district; B. Definitions; C. A standard that implements a Federal, State, Regional, or Local requirement; D. A floor area ratio(FAR);or E. The sight distance standards of Section 501-8.5 F. STAFF: The applicant would like to reduce the frontage requirement for six of the proposed lots. The requested hardship relief variance complies with the requirements of Section 435-2.2. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • Casefile 06-266-S/D(R)/AMP/H RV Attachment C-Staff Report Page 18 435-5.1 Hardship Relief Notwithstanding Section 435-4, the Director may grant hardship relief of up to twenty(20)percent from any dimensional standard(as defined by Section 106- 61) consistent with Section 435-2, or for lot area, which shall be limited to five (5)percent hardship relief. STAFF: The applicant requests a hardship relief variance to reduce the minimum frontage requirement along Montage Way and the extension of SW 92nd Avenue for lots 6, 12, 18, 24, 25 and 33 from ten-feet to eight-feet. The frontage requirement is established by Section 375 Table B.The requested reduction complies with the 20-percent limit on reductions to a dimensional standard. 435-5.3 The Director shall grant such relief only when the Director makes findings, based upon evidence in the record, that all of the following criteria have been met: A. The standard imposes a significant economic burden on the applicant; B. The use is a permitted use in the District;and C. Relief will not be materially detrimental to other property in the vicinity. STAFF: The applicant is seeking hardship relief under Section 435 for a reduction to the frontage minimum for lots 6, 12, 18, 24, 25 and 33. Where the TO: R18-24 district requires 10 feet, the applicant seeks a 20%reduction to 8 feet in order to accommodate the number of housing units necessary to meet density requirements of the district. The minimum density for the project site, as calculated, is 33 dwelling units. If the 10-foot frontage minimum were to be met, the applicant would not be able to meet the minimum density standard or the applicant would need to create units that are less than 17-feet in width,which is arguably, quite narrow and difficult to market. Attached residential dwelling units are a permitted Type II use in the TO:R18-24 District. The requested hardship relief variance will not be materially detrimental to other • properties in the vicinity.This hardship relief variance will reduce yards adjacent to the public right-of-way.As stated in Sections 411 and 431-8, the proposed units are separated from nearby R-5 properties by landscaping and open area tracts as well as public right-of-way. 4. Article V, Public Facilities and Services: Section 501 Public Facilities and Service Requirements STAFF: Sections 501-8.1, 501-8.2 and 501.8.3 establish standards for critical, essential and desirable services. Sections 501-8.1, 501-8.2 and 501-8.3 establish requirements for service provider letters from non-County service agencies as well as requirements for access to the site.All critical, essential and desirable service providers, except for the Tualatin Hills Park and Recreation District F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc p • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 19 (THPRD) indicated that they are able provide the necessary services to the site. The project is not located within the THPRD service district. For findings regarding transportation requirements, please refer to the Transportation Report, which is provided as Attachment D to this Staff Report. Section 502 Sidewalk Standards STAFF: Sidewalks are required along all public and private road frontages in the development with the exception of the alleys in Tracts B an D.According to the transit oriented district design criteria, alleys are not considered pedestrian streets. In transit oriented districts, sidewalks are required along pedestrian oriented streets, public and private. 5. Article VI, Land Divisions: Section 605-2 Urban Land Divisions STAFF: The applicant submitted a preliminary plat in accordance with Section 605-2.3. When constructed in compliance with the conditions of approval, the proposed subdivision will be in conformance with the requirements of the TO:R18-24 District, other applicable Sections of the Washington County Community Development Code. E. Transportation Plan: STAFF: The findings and recommendations for transportation standards are found in the Transportation Report, and are incorporated as findings herein. F. Ordinance No. 379; Traffic Impact Fee: STAFF: The Traffic Impact Fee is required of all new development and constitutes an assurance to satisfy a development's requirement to provide additional capacity to major collectors and arterial streets needed for development. This fee is based on the number of daily trips a site generates and is due at issuance of a building permit. G. R&0 No. 86 -95 -Determining Traffic Safety Improvements Under the Traffic Impact Fee Ordinance: STAFF: The findings and recommendations for transportation standards are found in the • Transportation Report, and are incorporated as findings herein. H. Ordinance No. 524-Uniform Road Improvement Standards: STAFF: The findings and recommendations for transportation standards are found in the Transportation Report, and are incorporated as findings herein. R&0 No.04-09 regarding Erosion Control,Water Quality and Water Quantity: STAFF: R&0 04-09 adopted standards and regulations for the Clean Water Services review and approval of erosion control measures. F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc • • Casefile 06-266-S/D(R)/AMP/HRV Attachment C-Staff Report Page 20 IV. SUMMARY AND CONCLUSION: The required findings have been made for all of the applicable Code sections. When implemented in accordance with the Conditions of Approval and the approved final plans, the project will be in compliance with the Community Development Code and the Community Plan. Therefore, staff recommends the Hearing Officer approve the proposed 33-lot Subdivision, "Montage,"and approve the requested Hardship Relief Variance for the frontage requirement along Montage Way and the extension of SW 92nd Avenue for lots 6, 12, 18, 24, 25 and 33, , subject to the Conditions of Approval set forth in Attachment"B" of this report.Staff recommends denial of the request for interim access to SW Hall Blvd F:\Shared\LDS\USERS\AlexandraH\2006 Casefiles\06-266-S(TOD).AMP.HRV\06.266.recreport.doc I \may ,-1 I I .;11' . y' I '� / SW CEDARCREST ST. 1 alpha ` ,_ ; — - - -i COMMUNITY ''�� I DEVELOPMENT • t. .•� I I 9600 SW Oak Salto 700 4»�• "i1. I Portland,d OR 97223 i -I m 50}t4Bml Pi w&+sl4 4• I' '''%',;,,,,,...,, ro !- www.Dlpruca, ap +1'7` 4 `\ I I REVISIONS! ,4 Sw.OwT� o i , `',. , . , m r t �: � .... i . III: 1 0II J �- ` I D `l►rot*, EXISTING BUILDING f �• L I�I� 2I 11«1 - r \ L. Iy =:'so:�^,ter I, ; `.� , \ \` • ° L.__n _�� I _Il1i sP I� "�.�to r J *�; `� MONTAGE IIl151 "4 i��l!s� 'tipii ,�Ji►1, , ��.�' �'�._ TOWNHOMES . II 1 ,�' ��` `�� ` , iii�.° �I'. Ilmnitt, lif r I3��!J„ • ,� *� � '-s� TLS � ��53 3• It`�>C,,,�, .�_ °tai _ . .: 800 ,,,/I v. •T.or • 1 . • '34111.- IiiritirilerV ..4.444-?1,4`..'—'' -=1,1111r Wry Illirgir ‘11 i t- '.., 4,- , • AR IoDr_saw.iar., < +.� 4 CONCE L.■ a ,.,m.. —,.. ( �. t �t m� ..�5 �t i. 7 PLAN 1ma r n.Ar FIN fh g I, TI i wi.rxn. EwESGEwc ' 11 Ip ' MI 1.01 ACCESS lm m w rn. g r I - -alpha 1 • COMMUNRV DEVEI.OPMENT J 0 1 L----f, �� • NW=NO.: ax6sa• I r _ wpm PEAN'•NO Nm I DATE: 07467006 1.411 LOT TIN I SCALE ZO 40 00 • • - N_M FT 3A NAP*19.01\Cw9V•.^^.N\SHMEEVAAPSAISA if EMA10.9-9FE,:Zsd A,ri x05-2IDTTMn . • DOR 34-P486-2009 Preliminary Review • • OREGON DEPARTMENT �IOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297,fax 945-8737 City of Tigard Associate Planner Attn: Gary Pagenstecher 13125 SW Hall Blvd Tigard, OR 97223 Date: 2/9/2009 +r1 This letter is to inform you that the map and description for your PLANNED Annex to City of,Tigard V / (1 s1-26DB) (Montage Townhomes) in Washington County have been reviewed per your request. They,' MEET the requirements for use with an Order, Ordinance, or Resolution which must.besubmitted in final form before March 31, 2009 per ORS 308.225. -' ✓ , 1 Note: , /, / („ The signed ordinance, maps and descriptions must be submitted-tothe County Assessor and the Dept. of Revenue in final form before March 31, 2009 per ORS 308.225, H '2 ,- 7 rr ' r I I r l " � / r / 1 / /1 / _ 1 / Y ■ ■ If you have any questions please contact: Elise Bruch, 503-945-8344 • Gary Pagenstecher From: John Hadley Sent: Monday, February 09, 2009 6:46 AM To: Gary Pagenstecher Subject: FW: Attachments: 20090209081039805.pdf; 20090209081052661.pdf; 20090209081059895.pdf Gary The two attached maps on the fist pdf are what I used to prepare the description. The second pdf is the map I prepared from the two map so I could write the description. The third pdf is the corrected description. The colored marker may not come thru when you pdf a map. John R. Hadley PLS City of Tigard 13125 SW Hall Blvd. Tigard Or. 97223 Phone 503-718-2467 E-mail lohnrh(atigard-or.gov Fax 503-624-0752 Original Message From: Louis @ tigard-or.gov [mailto:Louis @tigard-or.gov] Sent: Monday, February 09, 2009 5:11 AM To: John Hadley Subject: This E-mail was sent from "RNP8B1694" (Aficio 2238C). Scan Date: 09.02.2009 08:10:39 (-0500) Queries to: Louis(altigard-or.gov 1 •, • • ANNEXATION • LEGAL DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 26,Township 1 South,Range 1 West of the Willamette Meridian,Washington county, Oregon being a portion of Lot 5 and all of Lot 6 Cedarbrook Farm described as follows: Beginning at the southwest corner of Lot 6 Cedarbrook Farm; Thence N 2° 06' 51" E,along the westerly line of said Lot 6,a distance of 122.84 to the road vacated in Fee no. 88-43089 of the Washington county Deed records; Thence S 87° 53' 09"E, along said vacated road, a distance of 20.00 feet; Thence N 2°06' 51"E, along said vacated road, a distance of 343.27 feet to a point 30.00 feet southerly of the center line of SW Hall Blvd; Thence N 62° 56'30"W,parallel with the center line of SW Hall Blvd, a distance of 22.06 to the northwest corner of Lot 5 Cedarbrook Farm; Thence N 2° 06' 51"E a distance of 33.09 feet to the center line of SW Hall Blvd; Thence S 62° 56' 30" E,along the center line of said Hall Blvd,a distance of 168.66 feet to the extension of the east line of Lot 5 Cedarbrook Farm; Thence S 2° 06' 51"W,along the east line of said Lot 5 and the . extension thereof, a distance of 251.51 feet to the north line of Lot 6 Cedarbrook Farm; Thence S 88° 59'48"E,along the north line of Lot 6 Cedarbrook Farm,a distance of 143.91 feet to the NE corner of said Lot 6; Thence S 2° 06' 51"W, along the east line of said Lot 6, a distance of 182.78 feet to the SE corner of said Lot 6; Thence N 89° 01'09"W a distance of 296.87 fee t to the point of beginning; Containing 91437 square feet,2.10 Acres. • • • Ski//17/4 •• NO2V6:51"6" 33.09' Sev. 3;6, frpl • •-• ,r) to • N S (,) N .• 6885948"E 143.91° • N87530?"W 20.00' -Ps? 473 A `5S N N89'01 09"W 296.87' • • • • • LEGEND RECORD OF SURVEY REFERENCE SURVEYS \ • • rpM H 945.9 A0 x019 (1) PLAT of IMAM ACRE TRACT' (.016 8 0 O SSR 5/T'r.IO'Rol RIB•N mum Puree w o. •AU•u cm A PORTION OF LOTS 5 AND 6,"CEOARBROOK FARM',LOCATED (2) PLAT If'CfoARww , o po ' JJ IN NE SOUTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP (3) 91 7500 _._maTw 73.1E Log I SOUTH.RANGE 1 WEST,OF THE VALLAMETTE MERIDIAN, (4) sx 12.527 •. (0)30:90 CAT'PER SUBLET x0 03.79 WASHINGTON COUNTY,OREGON (0) 91 23.755 . (6) PWITI0ION PLAT Na 9111-09 (7) PARTITION PLAT ND 905-005 • ....MC 26LOR RAMC CAI SURVEYED: APRIL 25,2007 ALPHA COMMUNITY DEVELOPMENT (5) 91 20.440 (5) PA 14101 PLAT Na 2001-03.° • AT THE REQUEST OF: OM sR..MG AVENUE 07E N Iw•n 3019 CAS' TERRA,LLC. 10Ti .MGM Taos • ( (>H 00.1 p>lgpp M9anaT u MO.N 11D101mrt R[rpaa rAwE (w)92-593 uwrALE roNalRrts as-ot.nu• FOUND MONUMENTS (A) 5/0'N.NO w(0000) SET PER(3).SHORN 01(5) • NOTES [B( s/r 9 PI/WC INSCRIBED NO Mws ASSOC INC'(NOD). SET PER(5). I. SUBJECT TO A RECIPROCAL ACCESS(*5EUa1 ARIEENENt PER (C) 5/T'N 0/030*ammo'30 RELL3 MCC NC'(MD), SET PER(3). 00019NT H0.50-20591 • (DI 5/9 a WIwYP�nC Hum®'•m SILLS Assoc NC(HEW) SET PER(5). (E) 1/2'P (MD) SET PER(11 900MN N(0) (F) 5/T'N.NO CAP. NER70 435052'REST,030. SET PER(3). (C) s/•R 30/90 madam NO 00023 ASSOC Mr NOD) SET PER IIi (H)5/T'I T.NO CAP. NORM 470-121.7.NESE.an'. SET PER(3). (I) 3/13.111 0/TPa INSCRIBED'0B 1E115 ASSOC NC MOM 020'51'EAST. Rif. SET PER(s). (HELD E-0) (J] 3/4'•NO110 0055'51'EAST.0.49. SET PER(4).WORM 91 / (7)!5). (r)3/4.r IN NO ) R 095951•EAST. S909 19. SET PER 0).SMO r-f--=-` / NARRATIVE SCALE: 1'•• 40' I. THE PLmPOa a THIS S9afY u TO EsrA0t13N 103E 30004005105 OF •GRAPHIC SCALE / LOT 3 (s 3.015'27 Nl(1) LOTS a Alm a'CmARW1ow FARM'Er�Tem THEREFROM INC p � ' 'CEDARBROOK FARM" (152.0•Kl) vi PARCELS Of lANO wAN1m TOR ROAD w5w5ES PER DOCUMENT 40 441 (1a2A'�x) N < r°~WUllaro2 AND w-n5e3.FOR THE PURPOSE o A rvnALE NI S 02'06'51'W(s) 182.78(5l / f [�) LL" 2. THE BASS Of BfMNR R THE REST LME OF LOTS 5 AND 5 P01 / ^[i < 'K lURVET N3.13.755 ARM PARTInw PLAT NO.1591-015. • n (N 55 u 3. 1 HELD MCRUYa9 AT(CI(01(El(01 AHD EAST-)DST POSITION I x pqq cc:U< Of MONUMENT AT DO E51ABU91 THE NORTH AND EAST 1�• b CR �• 1 m p_,Z BPDOARES AS VOW _• NQ • ... H. HELD PECORO 40MMFI19 AT[A>AND ICI ro[57'51191 INF MA( • / gm , p zr UT K LOTS Mm A Pw110NQ THE RsEEST ut€61013 Al O W y= 511019. . A Z m TZ i 3. NOD INRa[Nr AT[A]Alm FAIINCI 00)40127000127 AT(0)AND ,20, - n a.�0�20.00' (J]ro 03TAN191 THE SwTH lM o LOT 5. / o WW (N 00'58'51"E S. SET Llwwa9 AT ROAD oETRCATIaN 000 DOCUMENT 110.55-111m gym ga� AT RECORD l°GiONS PER°AO DEED. / I. 384 . • isv, sw.92ND s .9•x(57 LOT 4 82 g B:AVENUE / 15.°4•4423.0 "CEDARBROOK FARM" 6 Logg { S 02'06'51'WO) LO Agd ko R { • aag" _to 201 BBTs) < m. ] . LA 5 00'755'51'W • •• /ef , 7{ [E] 6 m -S20.00.1l a /1' . T• \MOOo 9011 S.MOO°PICKETw 52.53.' O 4 f ' ¢� E 07044405 a I < o R •. Oar j { -a U _ s.._ . . ,,,4„, r, r.4`,pp� S ('3 • S Yp� 3. F" .' TOO ROE NON-ACCESS 00�7f'try I 3 T a•Q2 SITUP PEI DOCUMENT NO C:•+0.�4,9 0d'' I •CR I m g ama1ERE° F2./ x ry M-3.u0a V e PROFESSIONAL y I rn o 3. LANG SURVEYOR m M 090951'E CR1CREIE PAD FOR MOBILE MRI 35 I Z O Z I ORES 0 / 1534 MAILER DOCUMENT X'41]0'9410 d W< . 1 Y9405 0 0AiES / (C I 100.77 -�� 10250'(0) Z `0115 UNTIL 5-30-00 I N 0298'51'E!BE> 458.87'(°) PARCEL 2 ¢ I / BASIS OF BEARINGS WASHINGTON COUNTY SURVEYOR'S OFFICE / PARCEL 1 ACCEPTED FOR FlUNG L+-14.-07 f PARTITION PLAT NO.,)991-018 SHEET 1 OF 1 . I • • "— _ . ..... • . . .., . . . • • - 26-151-61 /•• . 7899 • H. P. BARROWS , . hatfttniten County Surveyer ■ RECEIVED 1961 HILLSBORO,OREGON --,*..- . -,.., ,...i, ■.. c> -'.-'--..._. .,.....,. -., AP"I-" ■ Feeedr.f.A --''''''''\,.,,,,,,..,.,.. ! ' ..e• JA. A 5 .1-1.le • , ..._ _•-- .1,4.9• .f,.5-6"4- 51. e la-5 • i Z 1 4 1 •O tt,s 6 . 21 k% \I k f. t„4■ 1* 4 46.ie• .0 2.96.s. 564 ii • . ..... .7 o ''' t• .••."•- /44.e 8 -•''k • ,•: t,i : ! sik ..liter 4.4. ck ?.6 1" 0 . % ' G.1 i ...Scale: /",,in, • k • 0-vies/Er- cyr Le,7- 6, C.E.o.ceZte ant' A:4.en, .._'AD •.-::::-V....YOR e_Sec. ea, r/e-e7.4se. (-- e.Se.".•everr-c..2 Nov- ./$ O MARX BROS.. INC. I P.O. .9:..x 4.1 Cr.:: lcrn, Ore. . .. MOhawk 5-2453 (E.e.6-e-re L . _ •_._ • . _ ,.. 0 0 x$/1)8 :1008 14.48 IFAX -> Is..._.t.. M 0005/005 4' 300" tP i �, 500 v _ jl �\ 30 -A1 Ho 1.s5 aC '%;ri z ."210 AC I °w m o 3,at=- \ I t m e4 iiJ=4. , m -- 210C • N.t.„`4 / 708.8' lit' ht 2000 �4 41 \ 4 It - 1/ y i'\\88.3 ::..V i 494770 9 a3 111 49698 C,C) 41 ses 7 r !, tF EASEMENTS 90-20691 JJ ' `1 <� m u \ j'�y 2800 \ m; 5 tnII, t 4.70 AC C� on to:. 10Q0 �� 1/47..70 4 I ” .61 AC ( C.) .A 1100 �� 204 AC e1 (:1) .k ___— 43.97 r t S o 900 h; c„) � ..°, .91 AC o • . i�l 220.00 j a i lj ( 6 a 2900 ! e 2 .I .52 AC zyes0 N09-01.08W • 00 '''''\\M--: \>)`\\\\\\\\ : 2',. _. a..._:... .,r . 89-33392 0 3903`5 T• XX,-Y_ E41ST •m ``'>1512L�), `-,'• s ., ` -•�, !it SQQ' '� 60' , ,c mil'. 'r, , ' ' IA, —IF— E'`• . -t 81'KPC' _ �$ ., w ` 't,,4,1 `rl 1 2b6 AC. `• . ' ,isi3Tioc I __".,.,!- S .1 ` aS .8704, 1" M . i CHICAGO TITLE "This plat is for your aid in locating your land with reference to streets and other parcels- . While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon." Map No.1S1260B 01100 CHICAGO TITLE INSURANCE COMPANY 10135 S.E.SUNNYS1DE ROAD Suite 200 CLACKAMAS,OREGON 91015 O • DOR 34-P486-2009 Preliminary Review OREGON DEPARTMENT INVOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503)945-8297,fax 945-8737 City of Tigard Assistant Planner Attn: Gary Pagenstecher 13125 SW Hall Blvd Tigard, OR 97223 Date: 2/6/2009 This letter is to inform you that the map and description for your PLANNED Annex to City of,Tigard\ / (1s1-26DB) (Montage Townhomes) in Washington County have been reviewed per your request.They DO NOT MEET the requirements for use with an Order, Ordinance, or Resolution in accordance ORS) / 308.225. i s / / V Send a map with the boundary of the area to be annexed highlighted with adlored,marker. 4 z Course 4:Add a point of call. v, ,V Course 7: Course is incomplete. Call along the east line of Lot 5 to the'point of call. /l Course 8: Remove"to the north line of Lot.6 edarbrook Farm"and add to theend of course 7. / / Course 9: Call along the east line of Lot !1d Please send a survey or map that shows the bearings anddista nces used in courses 3, 4, 5& 7. V7 �� 1! / 0 If you have any questions please contact: Elise Bruch, 503-945-8344 011114 73.1. * 1141 111110 44414404141414 144441141N •14:4014.111s At:if:003:4:Ni 10.341044 4.40353434344343 1.4 444°1 4444 114° • 4. 0 11 14 41341.4411.1343 AA S S.7 " ••••"*O1 '*** Z-SIN:01. 1 ?'0 1 dig :01 OUT T OHC•19CTSZ 101xrl. A0.4 1-10Put-U-i0101 10.10!1!PPV . • ' :sd eit4 CZZL6 110 ONVilliOd '01112 111/H MS SZE6 :ssa4PPV aVS kik OOTTOO9? S oixi Aol 4.1odazi dPUL LI 04 LI I ,„ 4.4 .• . ,........ ••••••••••••••••• ,. .••• I. 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U S(.....:1; •.D i s t I-i c t s • ::::::•••.:::::•••••••••.:11::::::::::::::::::::::::: • .,,. .• • twi.....:::::11.,:iili::::: • . I i 11.aid Pe;11( . 11 . . 5514' I i•f;5: :* 5::. ...„..5 5,:i• .. .. 0 • I 4...4. i'55•55555.55:555.5: :44*: e? .••• 55: 1.4. ::•: :5'5.5545555:5.55: : :.: :... i I(•1;...1.3.1 5.::,::. ") : 45::i 5:5.:•:.55:i• •••..::... '... ....... ...!..55::::::::::::555 i• 1:'• 15..5.: •• ••••••.•• I:5..R...1::'5„ 5 5:55." 441111'!: „. •:i::• PP::::.::::::*.:::: „ „. .... 5•„*.•5.5.1:* ..e.,•. • 5.:Ir.:II 55 1.".5.541 • T ) it T City of Oregon .) 13125 SW Hall Blvd. ° TigaJR 97223 January 22, 2009 1 • - N Portland Clinic, LLP ,54 800 SW 13th Avenue ' r Portland, OR 97205 RE: Annexation of neighboring or nearby property To whom it may concern: Casa Terra,LLC, the owner of Tax Lot 1100 (Washington County Tax Map 2S126DB), near your property, has petitioned for its property to be annexed into the City of Tigard (see included map). As part of the City's process, I am contacting you to know if you would like your property to be included in this annexation proposal. You have been invited to join this annexation because your property is contiguous to the subject property or contiguous to the City boundary near the subject property. The intent of this request is to create a more uniform City boundary by including your property. • Annexing into the City affords you the right to City services such as City police, sewer, storm drainage and water, and this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until February 2009. In addition,property owners who annex by February 2009 will be eligible for a 3-year tax phase-in at a rate of 33% for the first year on the City's tax roll, 67% the second and 100% the third. If annexed,your property would be added to the City's tax roll on July 1, 2009. If you choose to be included with this application, please fill out and return the enclosed forms to the City by 4:45 pm on February 5, 2009. Your response is needed by this date in order for staff to prepare the necessary notification documents. Please don't hesitate to contact me if you have questions or need more information. I can be reached at (503) 718-2434,garyp(c itigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, / G-0-1i• Gary Pagenstecher Associate Planner Enclosures: Informational Documents,Vicinity Map,Annexation Consent Form,Voter Double-Majority Form Phone: 503.639.4171 • Fax: 503.684.7297 . • www.tigard-or.gov e TTY Relay: 503.684.2772 • t . City of Tigard, Oregon. 13125 SW Hall Blvd. ® TiglaOR 97223 January 22, 2009 - �e Dick Tillie,Trustee 10995 SW 111th PlaceAR . Tigard, OR 97223 RE: Annexation of neighboring or nearby property Dear Mr. Tillie: Casa Terra,LLC, the owner of Tax Lot 1100 (Washington County Tax Map 2S126DB), near your property, has petitioned for its property to be annexed into the City of Tigard (see included map). As part of the City's process, I am contacting you to know if you would like your property to be included in this annexation proposal. You have been invited to join this annexation because your property is contiguous to the subject property or contiguous to the City boundary near the subject property. The intent of this request is to create a more uniform City boundary by including your property. Annexing into the City affords you the right to City services such as City police, sewer, storm drainage and water, and this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until February 2009. In addition,property owners who annex by February 2009 will be eligible for a 3-year tax phase-in at a rate of 33% for the first year on the City's,tax roll, 67% the second and 100% the third. If annexed,your property would be added to the City's tax roll on July 1, 2009. If you choose to be included with this application, please fill out and return the enclosed forms to the City by 4:45 pm on February 5, 2009. Your response is needed by this date in order for staff to prepare the necessary notification documents. Please don't hesitate to contact me if you have questions or need more information. I can be reached at (503) 718-2434,garyp @tigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, / .47 Gary Pagenstecher Associate Planner Enclosures: Informational Documents,Vicinity Map,Annexation Consent Form,Voter Double-Majority Form Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Caty of Tigard, Oregon() 13125 SW Hall Blvd. • Ti g aaOR 97223 NI January 22, 2009 •. Amasa and Eva Gilman 'xt `R'DJ' 9525 SW 92nd Avenue Portland, OR 97223 RE: Annexation of neighboring or nearby property Dear Mr. and Mrs. Gilman: Casa Terra,LLC, the owner of Tax Lot 1100 (Washington County Tax Map 2S126DB), near your property, has petitioned for its property to be annexed into the City of Tigard (see included map). As part of the City's process, I am contacting you to know if you would like your property to be included in this annexation proposal. You have been invited to join this annexation because your property is contiguous to the subject property or contiguous to the City boundary near the subject property. The intent of this request is to create a more uniform City boundary by including your property. Annexing into the City affords you the right to City services such as City police, sewer, storm drainage and water, and this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until February 2009. In addition,property owners who annex by February 2009 will be eligible for a 3-year tax phase-in at a rate of 33% for the first year on the City's tax roll, 67% the second and 100% the third. If annexed,your property would be added to the City's tax roll on July 1, 2009. If you choose to be included with this application, please fill out and return the enclosed forms to the City by 4:45 pm on February 5, 2009. Your response is needed by this date in order for staff to prepare the necessary notification documents. • Please don't hesitate to contact me if you have questions or need more information. I can be reached at (503) 718-2434,garypO,,tigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Gr-4-14-" Gary Pagenstecher • Associate Planner Enclosures: Informational Documents,Vicinity Map,Annexation Consent Form,Voter Double-Majority Form Phone: 503.639.4171 • Fax: 503.684.7297 . • www.tigard-or.gov • TTY Relay: 503.684.2772 City of Tigard, Oregon 13125 SW Hall Blvd. • TigalikR 97223 January 22, 2009 .• • } Nathan J. Blaszak .:;.<;,--';: :.: . 9520 SW 92nd Avenue ARD Portland, OR 97223 $'#' RE: Annexation of neighboring or nearby property Dear Mr. Blaszak: • Casa Terra,LLC, the owner of Tax Lot 1100 (Washington County Tax Map 2S126DB), near your property, has petitioned for its property to be annexed into the City of Tigard (see included map). As part of the City's process, I am contacting you to know if you would like your property to be included in this annexation proposal. You have been invited to join this annexation because your property is contiguous to the subject property or contiguous to the City boundary near the subject property. The intent of this request is to create a more uniform City boundary by including your property. Annexing into the City affords you the right to City services such as City police, sewer, storm drainage and water, and this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until February 2009. In addition,property owners who annex by February 2009 will be eligible for a 3-year tax phase-in at a rate of 33% for the . first year on the City's tax roll, 67% the second and 100% the third. If annexed, your • property would be added to the City's tax roll on July 1, 2009. If you choose to be included with this application,please fill out and return the enclosed forms to the City by 4:45 pm on February 5, 2009. Your response is needed by this date in order for staff to prepare the necessary notification documents. Please don't hesitate to contact me if you have questions or need more information. I can be reached at (503) 718-2434,garypntigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, v Gary Pagenstecher Associate Planner • Enclosures: Informational Documents,Vicinity Map,Annexation Consent Form,Voter Double-Majority Form • Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 ..,,w• . , . .... .• VICINITY MAF' ...1... ZCA 2008-0(.1 I::::5 AA! c ,:••A° ...... MONTAGE .1.-."•WNHOMES 4....M‘''.. .33. ..".": 3 S •.f,...-:: 1 : < 1 'TN Ne . : •, A : ,•... z. . • .••• clz:: z. ,•;•:•,,•,, Hz,: i ••.,!..R 4, L'.. 1 1 : i.::-.......- . ..--1 :...... .... ..., ::::::. 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'• ■ FF.LNILJ EST ftw, Cc1fr\,MN TS PUBLIC FIEARING.TOTICE & REQUESSFOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON u TUESDAY_ MARCH 24, 2009 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL HOLD A PUBLIC T IGARD HEARING TO CONSIDER THE FOLLOWING APPLICATION: DA 1'E: February 6,2009 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: garypntigard-or.gov ZONE CHANGE ANNEXATION(ZCA)2008-00005 - MONTAGE TOWNHOMES ANNEXATION - REQUEST: A request to annex approximately 2.03 acres of property,plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO)) under the County's TO: R- 18-24 zone and subdivision standards on September 22,2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 14;ORS Chapter 222;and Metro Code Chapter 3.09. 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 FIFTEEN (15) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST,OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. Attached is the Vicinity Map for your review. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY: FEBRUARY 20, 2009. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. 6,o\ ,.1570' 02/09/2009 09:24 FAX 5035910986 TV4!D Engineering V1001/001 PUBLIC HE.ARIN(OTICE & RE Q UES OR COMMENTS NOTIC:1- iS I.irRP.RY GIVEN THAT TT IF TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY MARCH 24, 2009 AT 7:30 PM, IN THE TOWN HAIL OF THE TIGARD CIVIC CENTER, 13125 SW I IAT.I.. BOULEVARD, TIGARD, ORI:c,ON 97223 WILL HOLD A PUBLIC HhA1UN( 1O CONSIDER 1E* l-OJ.I.OWINC; APPLICATION: DA'1'R Eehtuary 6.2009 TO: ualatin Valley Water District Administrati Offices 46'1 FROM; i Ciry of Tigard Planning Division !/ S'I'A CONTACT: Gary Pagcnsrecher AAA oci• .Planner 2434 Phone: (503) 639-4171 Fax: (503) 624-3681 -• ail_ a a) ' d-ot. ZONE CHANGE ANNEXA1'I a (ZCA)2008-00005 • - MONTAGE TOWNH • 'e ES ANNEXATION - REQUEST: A request to annex approximately 2.03 acres of prop. ,phis right-of-way on SW Hall Blvd and SW 92" Avenue(.07-acres) to the City of Tigard. The subject 2.03-acre property received land .e approval from Washington County(WACO))under the County's'10; R- 18-24 zone and subdivision standards on September 22, 2006 ACO Case No.06-2M-S/111W/AMP). Sire work for the subject property's 33-lot subdivision is approximately 90% completed. LO• TMON: 9325 SW Hall Boulevard east of SW Greenburg Road; Washington County Tax Assessor's Map IS126DB, Tax Lot 01100, plus Adjoining Right-of•Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (1"O:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of lighr rail transit stations,within one-quarter rnilc of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONL': MUR: Mixed Use Residential Districts. The MUR zoning district is designed ro apply to predominantly residential areas where mixed-uses arc permitted when compatible with the residential use. A high density (MUR-1) and moderate density(MUR-2) designation is available within the MUR zoning district MtJR-I (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUJR-2 (southern half of the property) is most similar to the County's TO:R-18.24 zone. APPLICABLE REVIEW CRITERIA: 'The approval standards for annexations arc described in Community Development Code. Chapters 18.320 and 18.390,Comprehensive Plan Goal 1,1,Goal 11.1 (Policy 4), and Goal 11,3 (Policy 6),Goal 14;ORS Chapter 222; and Metro Code Chapter 3.09. \1.1. DOCUMENTS AND APPLICABLE: CRITERIA IN THF. .ABOVi~-N(y1'El) 1.II.1.: ARI;, AVAILAJ3LE FOR INSPECTION A'l' NO COST OR COP'I.'S CAN BE OBTAINED FOR 7 Cr.NTS (254)PER PAGE,OR TILE CURRENT RATE CHARGED FOR COPIES A'1' 1'I IF,'1'IMI'. OF THE REQUEST. AT I,F.AS•r 1-117LLEN (15) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AvATI.\TLE FOR INSPECTION Si'NC)COST, OR A COPY CAN BE OBTAINED FOR TWI-.{NTY FIVE CENTS (25e) PER PAGE, OR THE CI RRI?N f RATI3 CI-L RGED FOR COPIES :1'I' 'T'i FE TiMF. OF THE REQUEST. INFORMATION iS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. Attached is the Vicinity Map for your review. l'rom infon:tation 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 in comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 20,2009. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above dare,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 I Iall Boulevard,Tigard,OR 97223. P E CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact _, of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commcntuig: •a•• offp Of PUBLIC'HEARINGTOTICE & REQUES'�]FOR COMMENTS IN = . NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON V TUESDAY MARCH 24, 2009 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CHIC 1: . CEN'I'1✓R, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WTT.T, HOLD A PUBLIC T I G ARD HEARING TO CONSIDER THE FOLLOWING APPLICATION: DATE: February 6,2009 TO: Brian Rager,Assistant Public Works Director FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: garyp( tigard-or.gov ZONE CHANGE ANNEXATION (ZCA)2008-00005 - MONTAGE TOWNHOMES ANNEXATION - REQUEST: A request to annex approximately 2.03 acres of property,plus right-of-way on SW Hall Blvd and SW 92nd Avenue(.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO))under the County's TO: R- 18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 14;ORS Chapter 222;and Metro Code Chapter 3.09. 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 fi) PER PAGE,OR THE CURRENT RA i'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST FI) IhEN (15) 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. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. Attached is the Vicinity Map for your review. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY: FEBRUARY 20, 2009. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. — Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: — Name&Number of Person Commenting , j-1 Y PUBLIC HEARING AI TICE & REQUESTOOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY MARCH 24, 2009 AT , HALL TT HT TID CIVIC CENIR, 13125 SW HALL BOULEVARD7:30 PM, TIGARDIN THE()TOWN , OREGON 97223 OF WTT.T E. HOLD GAR A PUBLIC T I G A RD 11,1 TO CONSIDER THE FOLLOWING APPLICATION: DATE: February 6,2009 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: garyp6i tgard-or.gov ZONE CHANGE ANNEXATION(ZCA)2008-00005 - MONTAGE TOWNHOMES ANNEXATION - REQUEST: A request to annex approximately 2.03 acres of property,plus right-of-way on SW Hall Blvd and SW 92nd Avenue(.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County (WACO))under the County's TO: R- 18-24 zone and subdivision standards on September 22,2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Goal 1.1,Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 14;ORS Chapter 222;and Metro Code Chapter 3.09. 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 (25fi)PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST FIFTEEN (15) 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. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. Attached is the Vicinity Map for your review. From information supplied by various departments and agencies and from other information available to our staff,a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FEBRUARY 20, 2009. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. — Please contact of our office. — — Please refer to the enclosed letter or email. Written comments provided below: — Name&Number of Person Commenting. WASHINGTON COUNTY, ORE GOO CLE AN WAT E OPE RVICE S DEPT. OF LAND USE &TRANSPORTATION DEVELOPMENT SERVICES DEPARTMENT ATTN:JIM NIMS ATTN:DAVID SCHWEITZER/SWM PROGRAM 155 N FIRST AVE,STE 350,MS 15 2550 SW HILLSBORO HIGHWAY HILLSBORO OR 97124 HILLSBORO,OR 97123 WASHINGTON COUNTY, OREGON METRO BOUNDARY CHANGE OFFICE DEPT. OF LAND USE &TRANSPORTATION DATA RESOURCE CENTER SENIOR CARTOGRAPHER ATTN:JOANNA MENSHER 155 N FIRST AVE,STE 350,MS 14 600 NE GRAND AVENUE HILLSBORO OR 97124 PORTLAND OR 97232-2736 VERIZON TUALATIN HILLS PARK&REC. DISTRICT JOHN COUSINEAU,OSP NETWORK ATTN:PLANNING MANAGER 4155 SW CEDAR HILLS BLVD. 15707 SW WALKER ROAD BEAVERTON OR 97005 BEAVERTON OR 97006 QWEST COMMUNICATIONS TUALATIN VALLEY WATER DISTRICT LYNN SMITH,ENGINEERING ATTN:ADMINISTRATIVE OFFICE 8021 SW CAPITOL HILL RD.,RM 110 1850 SW 170Th AVENUE PORTLAND OR 97219 BEAVERTON OR 97006 NORTHWEST NATURAL GAS TUALATIN VALLEY FIRE &RESCUE SCOTT PALMER,ENGINEERING COORDINATOR NORTH DIVISION 220 NW 2ND AVENUE ATTN: JOHN DALBY,DEPUTY FIRE MARSHALL PORTLAND OR 97209-3991 14480 SW JENKINS ROAD BEAVERTON,OR 97005-1152 BEAVERTON SCHOOL DISTRICT #48 COMCAST CABLE CORPORATION JENNIFER GARLAND ALEX SILANTIEV DEMOGRAPHICS &PLANNING DEPT. 9605 SW NIMBUS AVENUE,BLDG. 12 16550 SW MERLO ROAD BEAVERTON OR 97008 BEAVERTON OR 97006-5152 COMCAST CABLE CORPORATION TIGARD/TUALATIN SCHOOL DISTRICT 23J GERALD BACKHAUS TERI BRADY,ADMINISTRATIVE OFFICES 14200 SW BRIGADOON COURT 6960 SW SANDBURG STREET BEAVERTON OR 97005 TIGARD, OR 97223-8039 WASHINGTON COUNTY,OREGON WASHINGTON COUNTY, OREGON DEPT. OF LAND USE &TRANSPORTATION DEPT.OF LAND USE &TRANSPORTATION DORIA MATEJA ATTN:PLANNING DIVISION 155 N FIRST AVE,STE 350,MS 14 155 N FIRST AVE,STE 350,MS 14. HILLSBORO OR 97124 HILLSBORO,OR 97124-3072 PORTLAND GENERAL ELECTRIC TIGARD WATER DISTRICT ATTN:MIKE HIEB PO BOX 230281 9480 SW BOECKMAN ROAD TIGARD,OR 97281-0281 WILSONVILLE OR 97070 METRO AREA COMMUNICATIONS DEBRA PALMER Agency request for comments mailing labels for TWIN OAKS TECHNOLOGY CENTER annexations (Also need to notify in-house staff!) 1815 NW 169TH PL,S-6020 UPDATED: 1-Aug-08 BEAVERTON OR 97006-4886 (Check against Request for Comments check-off sheet to make sure this information is current! PLANI■11NG- 3EX_RETARY MA1 £S1A LS J • -1;7 `. N'a AyyS.lt:�y ' 4* AFFIDAVIT OF MAILING fi r; r I,Patricia L. Lunsford,being fast duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: © NOTICE OF FINAL ORDER FOR ZCA2008-00005/MONTAGE TOWNHOMES ANNEXATION (File No/Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (3/24/2009) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, on March 26,2009,and deposite. : United S . - .' on March 26,2009,postage prepaid. Vizi-e// (Person that Prep4re otice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the di day of ,2009. OFFICIAL SEAL T / r -N: SHIRLEY L 4e NOTARY PUBLIC-OREGON 1 r e COMMISSION NO. APRIL 2 `) MY COMMISSION EXPIRES APRIL 25,,2011 ') OTARY P C OF OREGO `1—`'"'`—t—`"- —\"�1_�1.�'�.; My Commission Expires: 46- - 120 DAYS =N/A O • EXH DATE OF FILING: 3/25/2009 e® DATE MAILED: 3/26/2009 111 - o CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: ZONE CHANGE ANNEXATION(ZCA) 2008-00005 Case Name: MONTAGE TOWNHOMES ANNEXATION Applicant's Name/Address: Casa Terra,LLC 7637 SE 29th Avenue Portland,OR 97202 Owner's Names/Addresses: Casa Terra,LLC By Alpha Community Development PO Box 1082 Clackamas,OR 97015 Addresses'of Properties: 9325 SW Hall Boulevard Tigard,OR 97223 Tax Map/Lot Nos.: Washington County Tax Assessor's Map No. 1S126BD,Tax Lot 01100;and Adjoining Right-of-Way. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION(ORDINANCE NO. 2009-03) THE CITY OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE CITY COUNCIL HELD THE PUBLIC HEARING ON THIS TIEM ON MARCH 24, 2009 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Action: > Annexation of approximately 2.03 acres of property,plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07- acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22,2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. ON MARCH 24, 2009, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2009-03). County Zone: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24).. Equivalent City Zone: MUR Mixed Use Residential Districts. MUR 1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR 2 (southern half of the property) is most similar to the County's TO:R 18-24 zone. Applicable Review Criteria: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14;ORS Chapter 222;and Metro Code Chapter 3.09. Action: > © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON APRIL 23, 2009. 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 to appeal with the Oregon Land Use Board of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at 503.639.4171. • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2009- 03 AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE MONTAGE TOWNHOMES ANNEXATION (ZCA2008-00005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFFS PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on March 24, 2009, to consider the annexation of one (1) parcel Washington County Tax Map (WCTM) 1S126DB, Tax Lot 1100) of land located on SW Hall Blvd and adjoining right-of-way, and withdrawal of said parcels from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on March 24,2009; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 09- 05 Page 1 • • NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2008- 00005) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By u.ncrxu mmaus vote of all Council members present after being read by number and title only, this c)4 day of `' , 2009.C athy Wheldtley, City Recorder APPROVED:By Tigard City Council this c?"1/71:4-- day of , 2009. J 7,1 Craig .'d en, Mayor Approved as to form: ..�dA %i/rirltI Ci Atto T1 ; Gadi . 2'4) a ooh Date ORDINANCE No.09- 03 Page 2 • • EXHIBIT A ZCA2008-00005 MONTAGE TOWNHOMES ANNEXATION • ANNEIXATION • LEGAL DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 26,Township 1 South, Range 1 West of the Willamette Meridian,Washington county, Oregon being a portion of Lot 5 and all of Lot 6 Cedarbrook Farm described as follows: Beginning at the southwest corner of Lot 6 Cedarbrook Farm; Thence N 2° 06' 51" E;along the westerly line of said Lot 6,a distance of 122.84 to the road vacated in Fee no. 88-43089 of the Washington county Deed records; Thence S 87° 53' 09"E, along said vacated road, a distance of 20.00 feet; Thence N 2°06'51"E, along said vacated road, a distance of 343.27 feet to a point 30.00 feet southerly of the center line of SW Hall Blvd; Thence N 62° 56' 30"W,parallel with the center line of SW Hall Blvd, a distance of 22.06 to the northwest corner of Lot 5 Cedarbrook Farm; Thence N 2° 06' 51"E a distance of 33.09 feet to the center line of SW Hall Blvd; Thence S 62° 56' 30" E, along the center line of said Hall Blvd, a distance of 168.66 feet to the extension of the east line of Lot 5 Cedarbrook Farm; Thence S 2° 06' 51"W,along the east line of said Lot 5 and the extension thereof, a distance of 251.51 feet to the north line of Lot 6 Cedarbrook Farm; Thence S 88° 59'48"E,along the north line of Lot 6 Cedarbrook Farm, a distance of 143.91 feet to the NE corner of said Lot 6; Thence S 2° 06' 51"W,along the east line of said Lot 6, a distance of 182.78 feet to the SE corner of said Lot 6; Thence N 89° 01'09"W a distance of 296.87 feet to the point of beginning; • Containing 91437 square feet,2.10 Acres. • • • • • • • • EXHIBIT A ^8•/08 .4-1008 14:48 IF,X -> B__i. M • 1 �, 500 .F N. }4 jl,/�1,�" `\ �\ 3(�'b-A1 � 1 n� 1.85 ac �\,s, ': L`i /270 AC v°m m C l o tp. a�! \/'� 47 2� .' 210C 508 8 7 � 1Lk*1yt \/ \ _-1 • • s*{ 444-, t'141 f. 2000 • -ti ti. \\ y 4 • • ' � y1 . R y .`�\\Q 8333Ba 1444114111.!. ado 6 `, C) 4.06‘ �"1t �(' i tot.....„ 2 3 ,....,„ 1 , :a • i I! \ ,�^ � EASEMENTS 90.20691 � rs°' 1F1 1 co.(, m 'Ot . 2800 \ ; m j 5 '1lttyl • • 4.70 AC C� o,. °, 1000 T 'To � 2 4 • > i .91 AC C� °m Cl • 1100 (1) I 204 AC <71'i _ - 143.91 • ( r S g30 • ° 91 AC \) �� a n i J • 220.00 � C J [� 6 Z 2900 . 0 2 .52A0 zeuso N99-01-09W : 0•, 7 0 89-33392 b _ 359X '•190.9`• y3 XX E'A51t m `t %1ST28L�• a^ `(`>• `N � �•' .t}!n ,'`' ". J ■$ �. • >� .EASEMEuf `E�� E'er. ..--f8/16.--C 2, ' •:\.\\!�\ ��• • . `.� C4'4,1 �/� 'l.,•i ,` .4U, 2135 Ad•. . , _• _ s� g 2 �® <. i .. .isi.tboc, `t _ ,• �15t28DC: "t 13 :<' iSf28DC�•, '' `j 26°'.'C: i CHICAGO TITLE _ "This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon" • Map No. 1S126DB 09100 CHICAGO TITLE INSURANCE COMPANY • 10135 S.E.SUNNYSIDE ROAD Suite 200 CLACKAMAS,OREGON 97015 MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 • Re(Tht( otf Cow. • . . . , _ • 8880 ' , • '''' 111:-.....-•-•j" ' ' -111',. 1 I , -..A. • • ' ,..,1 r: , ri _____.■ • :,..,-. . .. : ..,••• . • 9145 L4.1;1 ' LI I : • s----'t r----, 8860 : . , ..• BEAVERTON • • • • • es) g,'" • , 1 I i ' " 0 ..,•'''' r I ,--------,,'7. ,..., 1 I r-------; 3 9160 '''' `; ■ 1_9165---J il I 0 1.,,,J L ,_1 ,____, & •-' : 1 . 1 , - .... ,..._....a . 8875 8845 881„ . .... .. • . " ,.• 9100 ' - • - --' "' ---v-v. - • r---- • - ,- 1 •''';''' , . • . ..-- ---i . • ...- • - . [ .1. 8900 "4.,,,i ..,/ ..• -----1 ( --1 1,': r- ___ ,... 1 11 1 9224 list.. . / . 9186 , 9226 ..:!,,.._ 9160 WASHINGTON COUNTY i - _I 922592261-1- '5N% I ' V.9226 11 ..1',-.14...4% 8.890. 9225 -- • 9230 9248921 .6 8840 'N.. 1. 1 9107 : • _''..- 9360 ;9087 :9055 •- • *41., , r-- ----------i : ......„ 913/ - — • , -----1: . 11-1 4641%, .il il .. . . . ._. . . _ ... .......• '-, • . . _ • , 92809292 9215 9295 , ' I • "'-... 1 I CEDARCREST ST , .- ... . . ., . . 1 --1 L ., -..,,,_ . , 9286 , ' • 9300 •„ 90/Z 922 e 92 9325 85 I : • _ ‘‘ ' 11 11 _....i 39239' •19297 ' _ v 921/929. . v I • : . _ 930J LU - 9314 : 1 . , 9380 11- -- --- , 9336 i • - . .....ci 9342 ' : • 9430 ;[ v 0990 , 1 ' eC 1 1 , • . 474 1„, •. (-0 . • ' 93861 ' 0 ' i--1. LI F--19310 .0; • . I ' CC . --I .: i . ' , • , = : L I I 1 I 1 ' 9366 : Crage Court Open Sitrece—, 938S, -- i____J 1 , ' 8966 • co : 1 . ' I • .. . • -•- v• ' 8964' . > '., 8936 .. . X ' • . 9325 : • . 9419 . , 1 • -' 2 1 • . • - .... 9416 ' '• ' „:9423 -....... TIGARD 1 . 9425 . . 9499 1 , GORMARTIN LN 1 . - -- - — - -• -— .. , lommyL , . - .. • ,.._ ... ...._ _ • I ,[L .. • . • ; .. 1 ,...,_______, ________J 1._----____j 9525 9520 9510 9530 9550 , 9500 89418927 ' - 1 . . . 9500 I-- - .- - - . 9516 • , .• .. .. v -. . ,..... .. I' 9666 • .. .• 1 . LIJ 95609512 ' ' MAUI GT . 9505 9511 '. ' via.h,to.bau.-,0',do I . . 9565 . --v... 1.-- -v-:--.__ -v•• v 89908976 89348920 -9635 : ill ........:_. -,.........____ . .. ... . 9643 , . 9 9615 5:89 9575 ' : 95/0 : • > 1 9576 • 1.1.1 9680 9584 ' <V VVV :V VV VVVV VV-... ...... v___ _ .... ...__ ..... _ - - — - t- 9115 <VVVV 9166 0.-J 9600 T ' C.0' ' I 9650 . • .• • ., .... ' 9611 9635 9145 9135 9126, 1- 9055 k. 9620 5-9616-' 8896 8866 - - .._ . • 9560 ' CO• C3 . • cr 9632 5 6 ... , ' 9640 ... ,...... __..,_.._.... ,... . VV VVVVVVVVVV BORDERS ST 0 VV . • VVVVVVVVVVVVVV..._ ' ----1-" - -• v ---0==■-219ft •• -- )-i Crescent Grove Cemetery 1------___ 9666 , • ,- ' 9070 ; 9685 9690 18930 i bZi . . • TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and 've consent to,Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: • PO-Property Owner RV-Registered Voter PAGE 1 OF I OV-Property Owner&Registered Voter . I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DL I Section Number Nu mber Number v 1 .-1' t J 1.a L : N 743b PIF 1 tM o 1) • I5 W 24 AB 1100 12 0 1, f 0 40-4466e . 1 i, ,1 ,I • 0 H . • / r j - - - . i I 1 2.(D —C::5\ � ( .:4-.. �Q.c..,�- .,r"� zL��v = `a�.,, •) L'\cucpin\mascas\rcvuea\an�cpetn.mst 28-Ja • • EXHIBIT D • Hearing Date: March 24,2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL ° FOR THE CITY OF TIGARD, OREGON =-? GkRD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: MONTAGE TOWNHOMES ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00005 APPLICANTS/ APPLICANT'S OWNERS: Casa Terra,LLC REP: Tom McConnell 7637 SE 29th Avenue TMC Planning Portland, OR 97202 2423 NW Sayler Street Portland, OR 97210 PROPOSAL: A request to annex an approximately 2.03-acre property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject property received land use approval from Washington County (WACO) under the County s TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work, including streets and utilities, for the subject property's 33-lot subdivision is approximately 903/4 complete. LOCATION: 9325 SW Hall Blvd, east of Greenburg Rd.;Washington County Tax Map (WCTM) 1 S 126DB,Tax Lot 01100. CURRENT ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24) The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one- half mile of light rail transit stations, within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2(ssouthern half of the property) is most similar to the County's TO:R-18-24 zone. MONTAGE TOWNHOMES ANNEXATION -- ZCA2008-00005 PAGE 1 OF 8 • • APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), Goal 11.3 (Policy 6), and Goal 14 (Policy 1-4); ORS Chapter 222; and Metro Code Chapter 3.09. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00005) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11:3, Policy 6; and Goal 14, Policy 1-4. Therefore, staff recommends APPROVAL of ZCA2008-00005 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION Washington County approved a 33-lot subdivision on the subject property (WACO Case No.06-266- S/HRV/AMP) under the TO: R-18-24 zone and subdivision standards. As of the date of this application, site work, including streets and utilities, is approximately 90% complete. When the applicant recently submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed by the City in 1987 (portion of a vacated right-of- way) and would not final the plat. To solve this problem, the City and County agreed to both sign the plat upon annexation of the remainder of the subject site. The proposed annexation includes one (1) parcel and adjoining right-of-way on SW Hall Boulevard and SW 92°d Avenue. The total area proposed for annexation is 2.10 acres. The subject parcel is 2.03 acres and the proposed right-of-way is approximately 0.07 acre. The City invited all (four) adjacent property owners to join the annexation and received no response. No registered voters live within the proposed annexation area. The applicant/property owner owns 100% of the subject acreage signed for on the petition to annex. Therefore , 100% of property owners have petitioned for annexation. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional:Metro Code Chapter 3.09 City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1-4). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 2 OF 8 • • 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormwater management, water supply and distribution,wastewater management, community facilities, and private utilities. In addition the comprehensive Plan Glossary includes public safety, parks, and transportation. Each service is addressed below. Washington County approved a 33-lot subdivision on the 2.03 acre property under the County's TO: R- 18-24 zone and subdivision standards (WACO Case No.06-266-S/HRV/AMP). Water — TVWD. Tualatin Valley Water District is the current service provider for the subject property and would remain the service provider upon annexation. Sewer — Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County approval to have determined that the capacity to provide retail level sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Drainage — Clean Water Services. Clean Water Services is the current provider of stormwater services. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the City relies on the County land use approval to have determined that the capacity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the County is sufficient. Streets — City of Tigard Engineering Division. The subject property is located north of and at the terminus of SW 92nd Avenue, a County road. The property is located south of SW Hall Blvd, a state road. The Montage Townhomes subdivision approval through Washington County includes an internal private street. According to the December 19, 2008 email to Tom McConnell, the applicant's representative, from Greg Berry, City Engineer, the annexation would not affect City streets. No change of jurisdiction applies to this annexation as only small adjacent portions of each street are included in the proposed annexation territory. Police —City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to the December 17, 2008 email to Tom McConnell, the applicant's representative, from Jim Wolf,Public Information Officer with the Tigard Police Department, the City has no issues with the project. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. The TVF&R District currently provides services to the entire area, both inside an outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard. Parks—City of Tigard/Metzger LID. According to the Tigard Urban Services Agreement, The City is designated as the provider of parks within the Urban Services Area and is a joint provider of services within the Metzger Park Local Improvement District (LID). Actual provision of services depends on annexation of territory within this service area, subject to the City's Park System Master Plan. The annexation of the subject property does not affect the Metzger Park LID. Based upon this review, staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service to the proposed annexation territory if developed to the most intense use allowed and will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard. • MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 3 OF 8 • • 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be rovided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 6, 2009: Tigard Library,Tigard City Hall, Tigard Permit Center, and at the subject property on SW 9352 SW Hall Blvd. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 2, 2009. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the East area on February 6, 2009. Staff finds that this policy is met. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The applicant's land use approval from Washington County shows the project's storm sewer is served by Clean Water Services in SW 92nd Avenue. Therefore, this policy is met. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The applicant's land use approval from Washington County shows the project's sanitary sewer is served by Clean Water Services in SW 92nd Avenue. Therefore, this policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed below in the findings for Section 18.320.020.C. In addition, see Table 18.320.1 on the following page: Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. Capacity has been addressed above, consistent with this policy. Policy 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed below, staff finds that the provisions of ORS 222 have been met, consistent with this policy. MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 4 OF 8 • , • • s • Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Pursuant to the City's annexation policy, the City invited adjacent property owners to join the annexation. No property owners responded to the City's invitation. The proposed annexation is located on the northern boundary of the City and would not create an unincorporated island within the City. Public services are available as reviewed and approved through the County's land use approval for the subject property and as determined in this report regarding service availability and capacity, above. The Washington Square Regional Center Plan zoning designations will be applied to the subject property on annexation Chapter 18.320.020.0 Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. The controlling zoning map for the subject parcel is the 7/9/98 Washington Square Regional Center Study Zoning/Plan Designations Draft map (Exhibit C, Ordinance 00-18), which is consistent with the Comprehensive Plan and Zoning Designations map (Washington Square Regional Center Plan, September 1999, Page 36),which shows a split zone on the subject property: MUR-1 (WSRCP) on the north and R-5 (WACO) on the south. All of the subject property is currently zoned TO:R-18-24 (WACO). The County's Transit Oriented R 18- 24 zone permits median density, primarily attached, residential development. The City's MUR-2 is moderate density and is most similar to the TO:R-18-24 zone. The City will apply the Washington Square Regional Center Plan zone, MUR-1(50 units/acre), to the northern half of the property because it would implement the City's comprehensive plan map designation. The southern half of the property will be converted to MUR-2 because it is most similar to the County's zone. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days rior to the hearing; the City mailed notice on March 2, 2009, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12,2009) prior to the March 24, 2009 public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore,in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; MONTAGE TOWNHOMES ANNEXATION - ZCA2008-00005 PAGE 5 OF 8 • • A ti ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city 45 days prior to the hearing. The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary. The City has acted on its own motion to annex the right-of-way on SW Hall Blvd and SW 92 d Avenue,which adjoins the subject properties. The City mailed notice on March 2, 2009, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 5, 2009 & March 12, 2009) prior to the March 24, 2009 public hearing and posted the hearing notice for public view on February 6, 2009 in the Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW Hall Blvd. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 9, 2008 for a March 24, 2009 hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(b) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area, including the Metzger/Progress Community Planning Area. The Tigard Urban Service Agreement is between the City, County, Metro, and the service Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area (TUSA). These services are addressed above at the beginning of this report. As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006) and TUSA (2006). MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 6 OF 8 • • (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place March 23, 2009. If the Council adopts findings to approve ZCA2008- 00005, the effective date of the annexation will be 30 days later on.,April 24, 2009. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the roposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006)). The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 7 OF 8 S S ti The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006),which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable state and local laws and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable provisions of the Tigard Development Code. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and provided comments in a December 19, 2008 email from Brian Rager which identifies that sewer and storm services provided to the subject property come from Washington County unincorporated territory and are provided by CWS;water is provided by TVWD; The City of Tigard Police Department Public Information Officer, Jim Wolf, commented that the Department has no issues with the project. The City of Tigard Engineering Division Engineer, Greg Berry, commented in a December 19, 2008 email to Tom McConnell, applicant's representative, that the annexation would not affect City streets. SECTION VIII. AGENCY COMMENTS Tualatin Valley Water District (TVWD) Senior Engineer Stuart Davis commented that the District had no objections to the annexation. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet and all interested parties on February 6, 2009. As of the date of this report, staff has not received any written public comments. March 5,2009 PREPARED iy Pagenstecher DATE Associate Planner MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 PAGE 8 OF 8 Casa Terra LLC' • ZCA2008-0000• EXHIBIT By Alpha Community Development MONTAGE TOWNHOMES ANNEXATION PO Box 1082 Clackamas, OR 97015 Casa Terra, LLC 7637 SE 29th Avenue Portland, OR 97202 TMC Planning Attn: Tom McConnell 2423 NW Savier Street Portland, OR 97210 Elizabeth Braam 9315 SW Lehman Street Tigard, OR 97223 • • Patty Lunsford From: Cathy Wheatley Sent: Thursday, March 26, 2009 2:30 PM To: Patty Lunsford Subject: Testimony- Montage Annexation We had one individual testify for the 3/24 Annexation hearing: Elizabeth Braam 9315 SW Lehman Street Tigard, OR 97223 Cathy AFFIDAVIT OF MAILING IN . •c lIOARD I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {Check Appmpriare Box(s)Below) © NOTICE OF PUBLIC HEARING FOR . ZCA2008-00005/MONTAGE TOWNHOMES ANNEXATION (File No✓Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (3/24/2009) A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof, on March 2,2009,and deposited in the Unite to Mail on March 2,2009,postage prepaid. (PIJ ±'need .. e STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of 011--kiE ,2009. 1 != OFFICIAL SEAL ) 0 'cr=F'a� SHIRLEY L TREAT •`i 9 1-4 NOTARY PUBLIC-OREGON 1) OTARY PUB C OF OREGO COMMISSION NO 416777 .� MY COMMISSION EXPIRES APRIL 2S,2011 My Commission Expires: Li t?-� 1 I • EXHIBIT A.. NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, MARCH 24, 2009 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZONE CHANGE-ANNEXATION (ZCA) 2008-00005 FILE TITLE: MONTAGE TOWNHOMES ANNEXATION APPLICANT/ Casa Terra,LLC APPLICANT'S TMC Planning OWNER: 7637 SE 29th Avenue REP.: Attn:Tom McConnell Portland,OR 97202 2423 NW Savier Street Portland,OR 97210 REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO) under the County's TO:R-18-24 zone and subdivision standards on September 22,2006 (WACO Case No.06- 266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenberg Road; Washington County Tax Assessor's Map 1S126DB,Tax Lot 01100,plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk;ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density(MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R 18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. THE PUBLIC HEARING ON THIS MAFIER WILL BE CONDUGIID IN ACCORDANCE WITH THE RULES OF CI IAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. • • 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.2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO . MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE TILE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION,OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. . 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. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECITON 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. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, GARY PAGENSTECHER AT 503-639-4171, TIGARD CITY HALL, 13125 SW-HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO GARYP( TIGARD-ORGOV. MONTAGE TOWNHOMES ANNEXATION ZCA200 8100005 .y. 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I 0970 I 9685 1 9690 ±8930 • • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER • UMARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, MARCH 24, 2009 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2008-00005 FILE TITLE: MONTAGE TOWNHOMES ANNEXATION APPLICANT/ Casa Terra,LLC APPLICANT'S TMC Planning OWNER 7637 SE 29th Avenue REP.: Attn:Tom McConnell Portland,OR 97202 2423 NW Savier Street Portland,OR 97210 REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO) under the County's TO:R-18-24 zone and subdivision standards on September 22,2006 (WACO Case No.06- 266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90%completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB,Tax Lot 01100,plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (33) contains a complementary mix of land uses; (4) is designed to encourage people to walk;ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density(MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R 18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. THE PUBLIC HEARING ON THIS MAFIER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. 0 • 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.2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACI1ON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER,OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRTI"1'EN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION,OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. 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. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECIION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECIION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, GARY PAGENSTECHER AT 503-639-4171, TIGARD CITY HALL, 13125-SW-HALL BOULEVARD, TIGARD, OREGON • 97223,OR BY EMAIL TO GARYPaTIGARD-ORGOV. MONTAGE TOWNHOMES ANNEXATION ZCA200 8-00005 y''�s'.7�:�'' S` _ ''°-s".r` �=a�aesiarc'meea�,. _ ' ' \ � j ` 88"/›.:.:.- :ftlf._ s.x:4'' e::t. .}sue-_�,i,. •- `4... 3•BEAVERTON ' x ; ;.5 I W 9„9 ` f .388:I 'Is 1 au f Wit' is- - } I f- Le,6s_; 1 9160 _l`'_-`_- -.ys�.t i 9100 ta,5 i 1:71 1 �.� I I i i a9o9 • :5., 9225 9160 ' 9185 r,-+�, ``il — �Y1 I 4 9225 \\ I , °�5` WASHINGTON COUNTY I - i I. 6mO 't / ,- 9230;92469276 \ 1 9137 ; \ E • ( 'r '',-, t 9216 + ~\, ! { C�ARCREST,ST \, -1-77/ ''\' , ,.. 9265 r_.._, ! 1 �. 9296 i 9072 i ( f I \�A't0o 71•+ ::. ;. ' = i y j �i 2z39239, ii---- \ j . } 9zi).9295.: ._. . 1 9303 ' ' .::_ �,'�i • .. 9325 ��\ .\ ( 'j; 9130 ' t.'_ rl _is:. 3,4 I.r i i61 i 5}? ''-.''-.. . -- 11 j f.._ I . Y `—'C�p� + 9380 i F. i }.:-;i �"v`� ;G 93{2 1 1 . Z H( �� f is _ .•d 9351 Sts• .I .9385 - .7,;:.,.••,-,-._:.- \ ^a I ;::�. . 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Z 19570 i I >. 95n !u 9580; 9581 I ! • ' ' r ' �'9165 - t-9115 I Z;7-----1.--,,6-69 } - �. 1rr ``\ 9611� 9635 y 19145'9135;91251 ^; r gp55 1 (19620 1.9616 : 5 1 .\\\ i W i i . $i`2 9632 1 ;;;- ----� - 0 1 BORDERS ST C07 Ceneme Gmw CemCUY - 9065 ' ; —• - .._ I i 1 9070 i sees I I 9690 font i Casa Terra LLC ZCA2008-000 By Alpha Community Development MONTAGE TOWNHOMES ANNEXATION PO Box 1082 Clackamas, OR 97015 EXHIBIT 6 Casa Terra, LLC 7637 SE 29th Avenue Portland, OR 97202 TMC Planning Attn: Tom McConnell 2423 NW Savier Street Portland, OR 97210 1S126DC00501 1S126DB01000 ALLEN,CLAUDE R& DICK,TILLIE TRUSTEE GARD,PATRICIA L TRUSTEES 10995 SW 111TH PL 9145 SW BORDERS STREET TIGARD,OR 97223 TIGARD,OR 97223 1S126DC00204 1 6DB0080 BEILSTEIN,STEVEN S DIC , IL TRUSTEE 9515 SW 91ST AVE 1099 11TH PL PORTLAND,OR 97223 T ARD,OR 7223 1S126DC00301 1 126DB00900 BLASZAK,NATHAN J& DIC , ILLI USTEE SATO,CARRIE M 10995 1TH PL 9520 SW 92ND AVE T RD,OR 223 PORTLAND,OR 97223 1S126DC00207 1S126DC00203 BUCK,EDWARD DALE& FERGUSON,CATHY E JEANNIE MILNER 9550 SW 91ST AVE 444 WYNOOSKI PORTLAND,OR 97223 NEWBERG,OR 97132 1S126DC00206 1S126DB02800 BUCK,JEANNIE MILNER& FRANKLIN COMMONS ASSOCIATES BUCK,EDWARD DALE BY NORRIS&STEVENS 444 WYNOOSKI ST 621 SW MORRISON STE 800 NEWBERG,OR 97132 PORTLAND,OR 97205 1S126DC00902 1S126DB02900 CARPENTER,WESCOTT G FRANKLIN COMMONS ASSOCIATES LLC 2023 NE 42ND AVE 7820 SW WILLOWMERE DR PORTLAND,OR 97213 PORTLAND,OR 97225 1S126DB01100 1S126DC00701 • CASA TERRA LLC GARCIA,VICTORIA JEAN BY ALPHA COMMUNITY DEVELOPMENT FORMERLY NEWMAN PO BOX 1082 9055 SW BORDERS CLACKAMAS,OR 97015 TIGARD,OR 97223 1S126DB00500 1S126DC01801 CBS INVESTMENT CORP GARD,RICHARD E JR AND 10494 SW 62ND DR JOLIN M • PORTLAND,OR 97219 9150 SW BORDERS PORTLAND,OR 97223 1S126DC00100 1S126DB00600 COLE,WALDEN&JUDY FAMILY TRUST" GARMIRE,GORDON P&AUDREY B 8945 SW CRESTWOOD ST 1394 MEAGAN DR PORTLAND,OR 97223 STATE COLLEGE,PA 16803 • 1S126DC01200 1S126DC00901 DAVIDSON,HOWARD V GETHSEMANE EVANGELICAL 9665 SW 92ND LUTHERAN CHURCH PORTLAND,OR 97223 9640 SW GREENBURG RD PORTLAND,OR 97223 1S126DC00800 1S126DC08200 GILMAN,AMASA L JR AND LAW,ROBERT M EVA 12655 SW NORTH DAKOTA 9525 SW 92ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 1S126DB00802 1S126DC08300 GREEN,KATHERINE STOREY TR LAW,ROBERT M& 2 CELLINI CT RUSSO,SANDIE LAKE OSWEGO,OR 97035 12655 SW NORTH DAKOTA TIGARD,OR 97223 • 1 126DB008 1 1S126CA00300 G N HERINE STOREY TR LES SCHWAB TIRE CENTERS OF PORTL 2 C CT STORE ACCOUNTING . E OSW 0,OR 97035 PO BOX 667 PRINEVILLE,OR 97754 126DB0080 1S126DB02200 GR HERINE STOREY TR LEU, DARYL B 2 C T 7023 SW BVTN-HILLS HWY L E OSWE OR 97035 PORTLAND,OR 97225 1S126CA00100 1S126DC00600 GREENBURG CORNERS LLC LINDQUIST,THORWALD A& BY R BARRY MENASHE ALBAN, ILSE 621 SW ALDER STE 605 10007 SW 55TH ST PORTLAND,OR 97205 PORTLAND,OR 97219 1S126DB00701 1S126DC08000 HART OF OREGON LLC LIU,EDWARD 8720 SW HOMEWOOD ST 2461 CHELSEA PL#1 PORTLAND,OR 97225 SANTA MONICA,CA 90404 1S126DC01302 1S126DB01700 HOVANIC,JOSEPH G& LOZANO,LALI&URIEL HOVANIC,JENNIFER L PO BOX 350 9653 SW 92ND AVE ODELL, OR 97044 • TIGARD,OR 97223 1S126DB00700 1S126DC08600 INTEGRATED URBAN HABITATS MEADOR,RICK S& LIMITED PARTNERSHIP HEIMEL,SUSI 9037 SW 91ST 9555 SW 92ND AVE PORTLAND,OR 97223 TIGARD,OR 97223 1S126CA00200 1S126DB00302 JEMMA CO LLC PORTLAND CLINIC LLP BY STORABLES 800 SW 13TH AVE 3250 NW YEON AVE STE W12 PORTLAND,OR 97205 PORTLAND,OR 97210 1S126DC01800 6DB0039 2 JOVEN CO POR . • . CLINIC LLP ATTN:STEVEN J BITTE 800 '• 1 -AVE PO BOX 19815 •RTLAND,O' 97205 PORTLAND,OR 97280 1S126DB01900 1S126D802500 POTTS,CRAIG&KAREN ROYAL OAKS APARTMENTS LLC& 4233 CHAD DR STEITZ,BESSAE G TRUST LAKE OSWEGO,OR 97034 BY DALTON REALTY PO BOX 389 PALO ALTO,CA 94302 1S126DB02000 126DB00206 POTTS,CRAIG/KAREN R L OAKS AP RTMENTS LLC& 4233 CHAD DR STEI BES G TRUST LAKE OSWEGO,OR 97034 BY DALT EALTY P013 389 P 0 ALTO,CA 94302 1S126DB02100 1S126DC06900 POTTS,JEFFREY C/KAREN K RUPERT,KRISTINA J 4233 CHAD DR 9560 SW 92ND AVE LAKE OSWEGO,OR 97034 PORTLAND,OR 97223 1S126DB02300 1S126DC08700 POTTS,JEFFREY CRAIG&KAREN C TALLEY,ROGER S& 4233 CHAD DR BARBARA J LAKE OSWEGO,OR 97034 10510 SW 30TH AVE PORTLAND,OR 97219 1S1260000300 1S126DC00900 PPR WASHINGTON SQUARE LLC WALKER,CURTIS D& BY THOMPSON PROPERTY TAX SERVUCES HARNAR, DOUGLAS C 2235 FARADAY AVE STE#0 901 N BRUTSCHER ST#201 CARLSBAD,CA 92008 NEWGERG,OR 97132 1S126DC08100 1S126DC01700 RANDOL,JAMES D&DONNA M WARREN,RICKS&KERI 9589 SW 92ND AVE 9130 SW BORDERS ST PORTLAND,OR 97223 TIGARD,OR 97223 1S126DC00400 1S126DC00202 REAM,LLOYD W JR MABEL WIEK,AUTUMN& 9570 SW 92ND WIEK,NEELY& PORTLAND,OR 97223 WIEK,JAMES F 611 NE 98TH CT VANCOUVER,WA 98664 1S126DC00500 1S126DC07000 REAM,SHARON L AND WIEK,DAVID J C BRINDLEY,NORMAN 9510 SW 91ST AVE 9165 SW BORDERS TIGARD,OR 97223 PORTLAND,OR 97223 • 1S126DC00700 1S126DC00205 ROSS,TIMOTHY J&ALISON L WIEK,NEELY ANN 9575 SW 90TH AVE 3800 NE 39TH ST TIGARD,OR 97223 VANCOUVER,WA 98661 1S126DC00201 1S126DC01600 ROSS,TROY A WILKINS,CLINTON R 9510 SW 91ST AVE KATHERINE J TIGARD,OR 97223 9120 SW BORDERS • TIGARD,OR 97223 Mildren Design Group Nathan and Ann Murdock Attn: Gene Mildren PO Box 231265 7650 SW Beveland Street, Suite 120 Tigard, OR 97281 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin Todd Harding and Blake Hering Jr. 3706 Kinsale Lane SE Norris Beggs & Simpson Olympia, WA 98501 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead. 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 16-Dec-08 MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005 . . '11 .... 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BORDERS ST LI i '— Crescent Grove Cemetely ,, ----___ , . 9665 I I I -1--- I-- - 1 219ft- • • 1 I I t 9010 1 9685 ■ ! 9690 18930 I • 1 . • • • , • , COMMUNITY • ■ NEWSPAPERS . 6B05 SE Lake Road,Portland,OR 07222•PO Boa 22109 Portland OR 97209.2109 : PUBLIC HEARING ITEM: Phone:503104-0300 Fat 503-020-3433 E-mail: legals @commnewspapers-com TIGARD • AFFIDAVIT OF PUBLICATION • State of Oregon, County of Washington, SS The following will be considered by the Tigard City Council on I, Charlotte Allsop, being the first duly sworn, Tuesday March 24,2009 at 7:30 PM at the Tigard Civic Center depose and say that I am the Accounting -Town Hall Room, 13125 SW Hall Boulevard,Tigard,Oregon Manager of The Times(serving Tigard, 97223. , Tualatin &Sherwood), a newspaper of Public oral or written testimony is invited. The public hearing general circulation, published at Beaverton, on this matter will be held under Title 18 and rules of procedure in the aforesaid county and state, as defined adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. by ORS 193.010 and 193.020, that fFurther information may be obtained from the Planning Division City of Tigard (Staff contact: Gary Pagenstecher)at 13125 SW Hall Blvd., Notice of Public Hearing Tigard,Oregon 97223,or by calling at 503.639.4171. • TT11264 ZONE CHANGE ANNEXATION(ZCA)2008-00005 A copy of which is hereto annexed, was . -MONTAGE TOWNHOMES ANNEXATION- published in the entire issue of said , newspaper for REQUEST: A request to annex approximately 2.03 acres of 2 property,plus right-of-way on SW Hall Blvd and SW 92n Av- successive and consecutive weeks in the enue (.07-acres) to the City of Tigard. The subject 2.03-acre following issues property received land use approval from Washington County March 5, 2009 (WACO)under the County's TO: R-18-24 zone and subdivision March 12, 2009 standards on September 22, 2006 (WACO Case No.06-266-S/ HRV/AMP). Site work for the subject property's 33-lot subdivi- sion is approximately 90%completed. LOCATION: 9325 SW r1 I„ e, ,/ I.O‘(+ D Hall Boulevard,east of SW Greenburg Road;Washington County l� l l/t�l W y`I '- Tax Assessor's Map 1 S 126DB, Tax Lot 01100, plus Adjoining Charlotte Allsop(Accounting Mana er) Right-of-Way. COUNTY ZONE: Transit Oriented Residential District,18-24 units per acre(TO:R18-24). The intent of the tran- • Subscribed and sworn to before me this sit oriented districts is to direct and encourage development that is March 12, 2009. transit supportive and pedestrian oriented in areas within approxi- mately one-half mile of light rail transit stations,within one-quar- ter mile of existing and planned primary bus routes and in town Lk.) 0• centers and regional centers. The purpose of the transit oriented (GC districts is to limit development to that which(1)has a sufficient NOTARY PUBLIC FOR 0 GON density of employees, residents or users to be supportive of the My commission expires type of transit provided to the area;(2)generates a relatively high percentage of trips serviceable by transit;(3)contains a comple- Acct#10093001 mentary mix of land uses;(4)is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of Attn: Patty Lunsford their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use City of Tigard Residential Districts. The MUR zoning district is designed to ap- • 13125 SW Hall.Blvd-' • ' ply to predominantly residential areas where mixed-uses are per- Tigard, OR 97223 . . •• ' mitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is avail- Size: 2 x 13,75 able within the MUR zoning district. MUR-1 (northern half of Amount Due$458,25* the property) to implement the City's comprehensive plan map *Please remit to address above. designation under the City's Washington Square Regional Center Plan zone. MUR-2(southern half of the propertyl is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are de- scribed in Community Development Code Chapters 18.320 and , 18.390,Comprehensive Plan Goal 1_.1,Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro • Code Chapter 3.09. All documents and applicable criteria in the above-noted file • are available for inspection at no cost or copies can be ob- tained for twenty-five cents(250)per page,or the current rate charged for copies at the time of the request. At least fifteen (15) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or a copy can be ob- tained for twenty-five cents(250)per page,or the current rate charged for copies at the time of the request. Information is also available by contacting the staff contact listed above. . MONTAGE TOWNHOMES ANNEXATION . ZCA2008-00005 , ■ nl j—r2,-, '•,21, "" ;0! i '",,k ... i 2 :_ . ,-.1._:g... Ei. 5,-7--:, , ,,, ,. .... ....,,,....:H_L-A,. , I P/ ---,---//1/ :lam -...-' s--1 1 ,ice'5,-I_1 -� Publish 03/05,03/12/2009. • TT11264 M t 0 • - 111 AFFIDAVIT OF POSTING NOTICE T I GA RD i.:::K l3;g:+ y , ,f:❖:❖S:l::;eiR K�❖�4f0S 4ll�i❖h eK:K:K�+ C_ity V oT f af.l T.g.'a- d +i�� 1�i„ S:::❖i:i:M O!::•,fi•::K 1 Kaa$'{K i:/�O�O!: K: : ::::+•O:::P::::::RO♦::::::`y•1 4:::::O ::.::O+:::::f::::::w:!0::::::!:.4:::::::+'♦*•L R• y`J♦f.Pe•i. -.•..•O ::::::♦e♦Oj4f�is+0:::::::l1 0i::00:i:::.0i'•Oe•♦'+•+OR+O♦!Rb•'4 O+di:•d::::::❖ ❖:•♦:4R: ❖ *:::+: 4 i❖R:+fi + ❖:443§:i•❖•:• R:P• �ng Divlon'♦..*+0+:•:+:9::•:R:`:` P:•4004;y:R:f:+ 0+.0:.;♦:f:.;t; •`. : .:.V:•••••• :':•::::*'::R•:::::j:::::❖ 141:•:'*i:•:§::i3• �Hll B j uevrd i•:5:♦O•R•.O❖:•:i:: j+: OR•'• i♦R•O`f`O•RS i'••f•♦ ♦'♦• ♦e+R:R:: ::R+ i 1f ❖ ❖ ❖� i❖ 4l •R, n•df l♦♦97223R•:R y:�:•:O :e•:OyOOi t:}:Rf•:j R::+4.R••:t•• ❖ •`:❖f f•:R`f:R•f:R - In the Matter of the Proposed Annexation of: Land Use File No.: ZCA2008-00005 Land Use File Name: MONTAGE TOWNHOMES ANNEXATION I, Gary Pagenstecher, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Annexation at the Tigard Public Library, Tigard City Hall and the Tigard Perth t Center, a copy of said notice being hereto attached and by reference made a part hereof,on the 6th day of February,2009. i / 6 _ / -`_ i c. Signature of Person Who erfo ed Posting (In the presence of the Nota ) STATE OF OREGON County of Washington ss. City of Tigard / t/4 Subscribed and sworn/affirmed before me on the (0 + day of / rt,ea-ry , 20 05' . l OFFICIAL SEAL J `(((J ; KRISTIE J PEERMAN {) 1 _ = NOTARY PUBLIC-OREGON / 0 MISSION N0.419242 MY COMMISSION EXPIRES JULY 28,tot t NOTARY PUB OF OREGON My Commission Expires: 9-1` elgi A.-5b I:\curpin\patty\annex\affidavit of posting 3 public places.doc NOTICE OF PUB LIC HEARING Posting start date: 2/6/2009 Posting end date: 4/7/2009 - The following will be considered by the Tigard City Council on Tuesday March 24, 2009 at 7:30 PM at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance Chapter 18.390.060.E. of the Tigard Municipal Code and rules of procedure adopted by the Tigard City Council and available at City Hall. All documents and applicable criteria in the 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 fifteen (15) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or alippy can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to garyp@u,tigard-or.gov. PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2008-00005 - MONTAGE TOWNHOMES ANNEXATION - REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor'sAilap 1S126DB,Tax Lot 01100, plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District. 18-24 units per acre (TO:R10- . The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations, within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. 1� h 3+r • v .1011 AFFIDAVIT OF POSTING NOTICE TiGARD Kie ::s:Kl Ki il:iiR1eiRl i il f1 i11f r :R•.RR: Ra::ni: 1 i�o f T a 1d RilOil*lissl Qif Ol:.1 ai:1 rRli OI lfR,R :RR 1O giR /i1t11R♦1wi11♦1!1RR:i1R1f/1af11aRaiR:l:i:!:l:o:f:R:♦:♦:1:1:,:1:1:::1:1:R:R:::1:f:R:R:::1:f:RPin♦ 1R.1 -*"0"-"'-r .1.R1.i♦+ki:§::::::::::::::a::::::::::::::::%1 i1111111RRiiRR ai1RR111a R i1 R1111ii RR:::::::::::::::::::::::i1R11R:1a:ifl1l1 1ii111e1111f:ii111:0laRsi/11sMi3. 1::R :5iiia3 l(Anni g islsR�lo1n,tR iii:Ri4af:l:tiRlaii:f:i1ia111iRRR1R1R1i1ii1ii::l:Rat:Ra1111t1i:1i111iRaiiiiORi llRailtiia 1::1:R::+:: ::: :+::4:y.RG4 :*1 i1:11:1:1:R 11R 1,1+41 SW HlBoulevard :R:1:+:41i::i::ll+:•::444 ::i41 13:: :1:1::::i:1:1:1 :r.4:444 44444 4444:!:ll;:: ,m,:. a ,, ,„ iR}4144R,R 44alii44R41414Rl41+4444R4ff 44444444,, i♦/i1 :::l:1:§:R:i: :::::::::::::::::::::::::::iii:::::::::!1/111,::::::R11 .x•1/iRiR!��e972 ::::*:it::::::::::::::::::::::::a1 R1:a:•:::::::::::::::::::::::::::::::::::::::::::::::::::::ia 00044 400�0ad Pa 444 ODOOiaD44404ia 444,4iiX001 A444.,,.". —ar i 0 ,„ 1ftr,,444 44 044 4404iieS444�iOQOi�,00144404444 4R In the Matter of the Proposed Annexation of: Land Use File No.: ZCA2008-00005 Land Use File Name: MONTAGE TOWNHOMES ANNEXATION I, Gary Pagenstecher, being first duly sworn/affirm, on oath depose and say that I am a/an Associate Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Annexation by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof,on the 6th day of February,2009. / Ci-JA' [):''): Signature of Person Wh er ormed Postin • (In the pre ence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the (, day of /1 ,20 O . ( OFFICIAL SEAL - �t�.,_ KF3!STIE J PEERMAM ) ��, NOTARY PJBLIC-OREGON J� COW!UiSSION N t' NOTARY PUBLI OF OREGON f 0.419242 MY COMMISSION EXPIRES JULY 28,2011 l �.-.- -`—"--- `�-�,--�ti-�- -` i My Commission Expires: '221i 2O// • I:\curpin\patty\annex\affidavit of posting annexation site.doc s. NOTICE OF PUBLIC HEARING Posting start date: 2/6/2009 Posting end date: 4/7/2009 The following will be considered by the Tigard City Council on Tuesday March 24, 2009 at 7:30 PM at the Tigard Civic Center -.Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance Chapter 18.390.060.E. of the Tigard Municipal Code and rules of procedure adopted by the Tigard City Council and available at City Hall. All documents and applicable criteria in the file are available for inspection at no cost or copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the time of the request. At least fifteen (15) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or siOpy can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to garyp @tigard-or.gov. PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2008-00005 - MONTAGE TOWNHOMES ANNEXATION - REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's ap 1S126DB, Tax Lot 01100, plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R1 4). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations, within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. d -°o° °"ne I �r Area Notified (500') ...::......... 1 \, ,,,---- b:... lair [==n 1 I) t'n„ 4t� p... .,i ... 'a•'— ZCA2008-00005 fl .., `�, p�� 1 MONTAGE TOWNHOMES \�, °' ANNEXATION :sx•t v. ii . ! ... .. ' it ............F CEDARCREST Sr\ / RHH.• ..... i. D .... �° H,q a [ al � .. ce4ko r i — ........... ........W..1: .ri a!!+.a Nadilii ' ::::::::::: �::::,,:,�:•.:.,::::, c r m m «— Subject Site �. C(airAdge;'Court Open Space Q W ry i d' tY ! r Jrf ��_ Property owner information is valid -�+.,. ' `}%'•` for 3 months from the date printed on `= ,f.J this ma P GOR MA RTI N.L'• P•i ,.11 ') L h.-- r .. j • .M1MFE:::"1;;;;;;::::;;;H711= M ell 'IL4 MAUI CT • IL my, A 11 Q J a. II • WASHlNGTOAt SgUARE RD uw �^ I. Am INN(I'M 1 il I I�R..r •� r ” A - information on this map is for general location .[ only and should be verified with the Development W Services Division. W. '1 Z• y =i Map printed at 05-Feb-09 10:23 AM �1 II- t f Q�`- DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD 1 MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT.ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE Crescent Grove Cemetery i D'— DATA PROVIDED HEREIN THE CITY OF TIGARO SHALL ASSUME NO _ LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE ,— • ' INFORMATION PROVIDED REGARDLESS OF HOW CAUSED --ni _a LEHNIAN ST 1 � I I - �- DEPARTMENT / •" ( A gCity of Tigard {{f _� •_.. ( TIG "��me, 1T 503 fi3941 2223d � e t r I I l_ I 1 � —I r I I --1 I r---1 ft www.tigardor.gov rlcnHo 1S126DC00501 • 1S126DB01000 • ALLEN,CLAUDE R& DICK,TILLIE TRUSTEE GARD,PATRICIA L TRUSTEES 10995 SW 111TH PL 9145 SW BORDERS STREET TIGARD,OR 97223 TIGARD,OR 97223 1S126DC00204 1 6DB0080 BEILSTEIN,STEVEN S DIC , IL TRUSTEE 9515 SW 91ST AVE 1099 11TH PL PORTLAND,OR 97223 T ARD,OR 7223 1S126DC00301 1 2601300900 BLASZAK,NATHAN J& DIC , ILLI USTEE SATO,CARRIE M 10995 1TH PL 9520 SW 92ND AVE T RD,OR 223 PORTLAND,OR 97223 1S126DC00207 1S126DC00203 BUCK,EDWARD DALE& FERGUSON,CATHY E JEANNIE MILNER 9550 SW 91ST AVE 444 WYNOOSKI PORTLAND,OR 97223 NEWBERG,OR 97132 1S126DC00206 1S126DB02800 BUCK,JEANNIE MILNER& FRANKLIN COMMONS ASSOCIATES BUCK, EDWARD DALE BY NORRIS&STEVENS 444 WYNOOSKI ST 621 SW MORRISON STE 800 NEWBERG,OR 97132 PORTLAND,OR 97205 1S126DC00902 1S126DB02900 CARPENTER,WESCOTT G FRANKLIN COMMONS ASSOCIATES LLC 2023 NE 42ND AVE 7820 SW WILLOWMERE DR PORTLAND,OR 97213 PORTLAND,OR 97225 1S126DB01100 1S126DC00701 CASA TERRA LLC GARCIA,VICTORIA JEAN BY ALPHA COMMUNITY DEVELOPMENT FORMERLY NEWMAN PO BOX 1082 9055 SW BORDERS CLACKAMAS,OR 97015 TIGARD,OR 97223 1S126DB00500 1S126DC01801 CBS INVESTMENT CORP GARD, RICHARD E JR AND 10494 SW 62ND DR JOLIN M PORTLAND,OR 97219 9150 SW BORDERS PORTLAND,OR 97223 1S126DC00100 1S126DB00600 COLE,WALDEN&JUDY FAMILY TRUST GARMIRE,GORDON P&AUDREY B 8945 SW CRESTWOOD ST 1394 MEAGAN DR PORTLAND,OR 97223 STATE COLLEGE,PA 16803 1S126DC01200 1S126DC00901 DAVIDSON,HOWARD V GETHSEMANE EVANGELICAL 9665 SW 92ND LUTHERAN CHURCH PORTLAND,OR 97223 9640 SW GREENBURG RD PORTLAND,OR 97223 • 1S126DC00800 1S126DC08200 GILMAN,AMASA L JR AND LAW, ROBERT M EVA 12655 SW NORTH DAKOTA 9525 SW 92ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 1S126DB00802 1S126DC08300 GREEN,KATHERINE STOREY TR LAW,ROBERT M& 2 CELLINI CT RUSSO,SANDIE LAKE OSWEGO,OR 97035 12655 SW NORTH DAKOTA TIGARD,OR 97223 1 126DB008 1 1S126CA00300 G N HERINE STOREY TR LES SCHWAB TIRE CENTERS OF PORTL 2 C CT STORE ACCOUNTING , E OSW 0,OR 97035 PO BOX 667 PRINEVILLE,OR 97754 126DB0080 1S126DB02200 GR HERINE STOREY TR LEU,DARYL B 2 C T 7023 SW BVTN-HILLS HWY E OSWE OR 97035 PORTLAND,OR 97225 1S126CA00100 1S126DC00600 GREENBURG CORNERS LLC LINDQUIST,THORWALD A& BY R BARRY MENASHE ALBAN,ILSE 621 SW ALDER STE 605 10007 SW 55TH ST PORTLAND,OR 97205 PORTLAND,OR 97219 1S126DB00701 1S126DC08000 HART OF OREGON LLC LIU,EDWARD 8720 SW HOMEWOOD ST 2461 CHELSEA PL#1 PORTLAND,OR 97225 SANTA MONICA,CA 90404 1S126DC01302 1S126DB01700 HOVANIC,JOSEPH G& LOZANO, LALI&URIEL HOVANIC,JENNIFER L PO BOX 350 9653 SW 92ND AVE ODELL,OR 97044 TIGARD,OR 97223 1S126DB00700 1S126DC08600 INTEGRATED URBAN HABITATS MEADOR,RICK S& LIMITED PARTNERSHIP HEIMEL,SUSI 9037 SW 91ST 9555 SW 92ND AVE PORTLAND,OR 97223 TIGARD,OR 97223 1S126CA00200 1S126DB00302 JEMMA CO LLC PORTLAND CLINIC LLP BY STORABLES 800 SW 13TH AVE 3250 NW YEON AVE STE W12 PORTLAND,OR 97205 PORTLAND,OR 97210 1S126DC01800 6DB0031I JOVEN CO POR • CLINIC LLP ATTN:STEVEN J BITTE 800 '' 1 - AVE PO BOX 19815 •••RTLAND,O' 97205 PORTLAND,OR 97280 • • 1S126DB01900 • 1S126DB02500 POTTS,CRAIG&KAREN ROYAL OAKS APARTMENTS LLC& 4233 CHAD DR STEITZ,BESSAE G TRUST LAKE OSWEGO,OR 97034 BY DALTON REALTY PO BOX 389 PALO ALTO,CA 94302 1S126DB02000 126DB00206 - POTTS,CRAIG/KAREN R L OAKS AP RTMENTS LLC& 4233 CHAD DR STEI BES G TRUST LAKE OSWEGO,OR 97034 BY DALT EALTY PO 389 P O ALTO,CA 94302 1S126DB02100 1S126DC06900 POTTS,JEFFREY C/KAREN K RUPERT,KRISTINA J 4233 CHAD DR 9560 SW 92ND AVE LAKE OSWEGO,OR 97034 PORTLAND,OR 97223 1S126DB02300 1S126DC08700 POTTS,JEFFREY CRAIG&KAREN C TALLEY,ROGER S& 4233 CHAD DR BARBARA J LAKE OSWEGO,OR 97034 10510 SW 30TH AVE PORTLAND,OR 97219 1S1260000300 1S126DC00900 PPR WASHINGTON SQUARE LLC WALKER,CURTIS D& BY THOMPSON PROPERTY TAX SERVUCES HARNAR,DOUGLAS C 2235 FARADAY AVE STE#0 901 N BRUTSCHER ST#201 CARLSBAD,CA 92008 NEWGERG,OR 97132 1S126DC08100 1S126DC01700 RANDOL,JAMES D&DONNA M WARREN,RICKS&KERI 9589 SW 92ND AVE 9130 SW BORDERS ST PORTLAND,OR 97223 TIGARD,OR 97223 1S126DC00400 1S126DC00202 REAM,LLOYD W JR MABEL WIEK,AUTUMN& 9570 SW 92ND WIEK,NEELY& PORTLAND,OR 97223 WIEK,JAMES F 611 NE 98TH CT VANCOUVER,WA 98664 1S126DC00500 1S126DC07000 REAM,SHARON L AND WIEK,DAVID J C BRINDLEY,NORMAN 9510 SW 91ST AVE 9165 SW BORDERS TIGARD,OR 97223 PORTLAND,OR 97223 1S126DC00700 1S126DC00205 ROSS,TIMOTHY J&ALISON L WIEK,NEELY ANN 9575 SW 90TH AVE 3800 NE 39TH ST TIGARD,OR 97223 VANCOUVER,WA 98661 1S126DC00201 1S126DC01600 ROSS,TROY A WILKINS,CLINTON R 9510 SW 91ST AVE KATHERINE J TIGARD,OR 97223 9120 SW BORDERS TIGARD,OR 97223 • Mildren n Desi ou Nathan and Ann Murdock g p PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin Todd Harding and Blake Hering Jr. 3706 Kinsale Lane SE Norris Beggs & Simpson Olympia, WA 98501 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 16-Dec-08 • 1S126DB01100 CASA TERRA LLC ,j� 4 log BY ALPHA COMMUNITY DEVELOPMENT ( 1,,0` PO BOX 1082 v, / CLACKAMAS,OR 97015 I I / Owi i / • 111,1 u� = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = NA FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2008-00005 FILE TITLE: MONTAGE TOWNHOMES ANNEXATION APPLICANT/ Casa Terra,LLC APPLICANT'S TMC Planning OWNER: 7637 SE 29th Avenue REP.: Attn:Tom McConnell Portland,OR 97202 2423 NW Savier Street Portland,OR 97210 REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County(WACO) under the County's TO:R-18-24 zone and subdivision standards on September 22,2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90%completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100,plus Adjoining Right-of-Way. COUNTY ZONE: Transit Oriented Residential District, 18-24 units per acre (TO:R18-24). The intent of the transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations, within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property) to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the property)is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; and Metro Code Chapter 3.09. DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ❑ TYPE III ® TYPE IV COMMENTS SENT&POSTED SITE: FEBRUARY 6,2009 COMMENTS ARE DUE: FEBRUARY 20,2009 ® CITY COUNCIL (TUES.) DAZE OF HEARING: MARCH 24,2009 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® CERTIFICATION OF REGIS IERED VOTERS ® NARRATIVE ® CERTIFICATION OF PROPERTY OWNERSHIP ® ASSESSOR'S MAP ® CERTIFICATION OF LEGAL DESCRIPTION ® LEGAL DESCRIPTION ® DOUBLE MAJORITY WORKSHEET/CONSENT STAFF CONTACT: Gary Pagenstecher,Associate Planner (503) 639-4171,Ext.2434 CITY OF TIGARD ANNEXATION PROCESS WORKSHEET FILE NUMBER: �G 2De)?- of)eSFILE NAME: G'I5 STEP #1: F-/3 il/ galk with applicant about property and site. Confirm that annexation is possible for this property. j Z`z D.,'pplicant submits City Annexation forms. o 0/ Enter application into current Docket book and Tidemark. //2 %>? Send letter to surrounding property owners asking if they wish to join annexation. Must be sent out 3 weeks prior to notice being ' sent, allow 2 weeks to re po . Send out by . STEP #2: 216 Send legal description to Engineering (Surveying)to have them check. Z16 Send-legal description(s) &map(s)(with the area to be annexed delineated to red)to the Oregon Department of Revenue for pre- submittal review (Allow minimum of 2 weeks before packet is due). (Send to: Jennifer Dudley, Department of Revenue, Cartography Unit, PO Box 14380, Salem,OR 97309-5075). fv* Schedule City Council public hearing date(Approximately 8 weeks from the date it is entered into the Docket) CC DATE .] --"z//a Prepare "PROPOSAL DESCRIPTION" and give ALL application information to the Planning Secretary so she can prepare file. Request for comments (RFC) must be sent by:(same as 45 day notice below)and returned by: (due back in 14 days). Council packet material must be made available to the public 15 days before hearing. Notice of the hearing to affected parties below and RFC have been combined into one notice&is mailed at the same time/45 days in advance of the hearing. Mail and Post notice (Post in 4.Public Places: Site/Library/City Hall/Water Department. Complete affidavit of Posting) to affected parties 45 days prior to hearing date (necessary parties are any county, city or district whose jurisdictional boundary or adopted urban service area includes any part of the affected territory or who provides any urban service to any portion of the affected territory, Metro, and any other unit of local government, as defined in ORS 190.003, t at is a party to any agreement for provision of an urban service to the affected territory.) Date notice must be provided: z /a STEP/ #3: /(Z/e4 Send notice of the public hearing to property owners within 500 feet. Date notice must be mailed by: (20 days prior). Publish ad in newspaper once each week for 2 consecutive weeks prior to public hearing. Dates of publication: and Prepare Ordinance and staff report. (Must be available 15 days before CC public hearing date/Due to Patty and Dick 1 week prior to packet due date). Due for review by Dick and Patty: Date required to be available: Packet due to Administration(Due to Administration 2 weeks prior to CC date). Packet due date: Prepare exhibits for Council presentation. If Council approves Ordinance, proceed with the following steps: Final order(Ordinance) received and forwarded to Planning Secretary for her to send informal notice of the annexation to the list of in-house staff, and within 10 working days after passage, provide by certified mail, copies of the Final Order Cover Sheet (indicating the effective date of the annexation and that appeals are to be filed with LUBA within 21 days), Ordinance, Attachments. and Each Site Address to the list of utility providerslfranchises per ORS 222.005,to parties of record,and annexed property owners. 1 Certified &signed copy of Ordinance, pre-approved legal description from the Dept.of Revenue (DOR), and Assessor's or Vicinity Map (properties delineated in red) sent to the DOR. Send to: Jennifer Dudley, Department of Revenue, Cartography Unit, PO Box 14380, Salem, OR 97309-5075. The DOR will send out a"Notice to Taxing Districts"to the City and appropriate agencies per ORS 308.225. Upon receipt of "Notice to Taxing Districts" from the DOR, send 1 Certified & signed copy of Ordinance, pre-approved legal description(s) from the Dept. of Revenue (DOR), Assessor's or Vicinity Map(s) (properties delineated in red), Notice to Taxing Districts,Annexation Application, Staff Notes &Findings, and the Metro mapping fee of$ . Send to: Bob Knight, Metro Data Resource Center, Boundary Change Office, 600 NE Grand Avenue, Portland,OR 97232-2736. Metro will map and send Final Annexation documents to the City, Office of the Secretary of State of Oregon, and appropriate agencies. Complete"Annexation Questionnaire" from Portland State University/Center for Population Research & Census (CPRC)/College of Urban and Public Affairs. Attach copies of the CONFIDENTIAL sheets previously sent to the annexed property owners and send by certified mail. The CPRC certifies population annexed to cities on a quarterly basis. The quarters end 12/31, 3/31, 6/30, &9/30. I:\curpin\masters\annexationprocessworksheet Revised: 11-Mar-04 � l • 1114 ,„„ ANNEXATION/ZONE CHANGE TYPE IV APPLICATION Tl'Ci A<R.D 13125 SW Hall Blvd,Tigard, OR 97223(503)639-4171 FAX (503)684-7297^ n PRE-APP.HELD WITH: �a �" DATE OF PRE-APP.: ►I Its/a 8 FOR STAFF USE ONLY GENERAL INFORMATION Case No.(s): -Z-C-f 2-4.13 8-dui.5 ��q r �w Other Case No.(s): ?RD —dvc s S Property Address/Location(s): /—J t.(.� S WTD• Receipt No.: /J /IQ r_ Application Accepted By: Tax Map&Tax Lot#(s): I''1 Ue - 0110C) Date: 1 -2-'12-1 Jo R Date Determined To Be Complete: Site Size: 2 •0 Ac - Property Owner/Deed Holder(s)* (NOTE: If more than one (1) property Current Comp Plan/Zone Designation: owner,please complete the attached petition form): CAp . 1 eu 1a Address: j A �K <0 v[— Phone: 317 5 75 CIT Area: pp Rev.7/1/05 i\cnrplrs\masteie revised\annex-zcdoc City: C -- Zip: Applicant*: TEv- 6. A REQUIRED SUBMITTAL ELEM:NTS Address: a 5C 2•4_It*4VE• Phone:503.35(-0(03(p City: - otz,- L-4i-1 b G Zip: 9110 Z i Application Elements Submitted: El Application Form *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization ❑ Completed Annexation Petition for "Double from the owner or an agent of the owner with written authorization. The Majority"Annexation(attached) owner(s) must sign this application in the space provided on the back of this ❑ Legal Description of Area to be Included in form.or submit a written authorization with this application. ' the Annexation PROPOSAL SUMMARY El Map Identifying Areas to be Included in the Annexation The owner(s)of record of the subject property(ies)request to Annex ❑3 vi of copies based on pre-app check list) 2.03 acres into the City of Tigard and a Zone Change Annexation from ?161 2 Sets of Pre-Addressed/Pre-Stamped Legal Washington County's Zone:_ to City of Tigard Zone: Size Envelopes (if applicable). The current use of the area requesting to be Annexed is: 4614. Filing Fee$2,373.00 33 " I-OT --row AtfO14 )Nisi,OtJ - Metro Filing Fee (payable to Metro) ut4 � COtJ� C.Cl as follows: (Single tax lot less then 1 acre) $150.00 (1-5 acres) ........ - ._....$250.00 0-40 acres) ...__-........... $300.00 (Greater than 40 acres)...- $400.00 1 • 4111 • APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that maybe attached to or inxpsred upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURE(S)of Applicant(s)representing property owners listed on the attached petition: DATED this 11* day of 'AECE t41 1- ,20o% Signature Signature Signature Signature 2 • • THE APPLICANT'S NARRATIVE FOR ANNEXATION REQUESTS MUST PROVIDE FINDINGS TO THE APPROVAL CRITERIA. LISTED BELOW ARE THE APPROVAL CRITERIA FOR ANNEXATION: The Decision To Approve, Approve With Modification, Or Deny An Application To Annex Property To The City Of Tigard Shall Be Based On The Following Criteria: fy,z 3 44. ♦ All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and • ♦ The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. Ce,44.4.4 Cht74. The Comprehensive Plan Lists The Following Approval Criteria Applicable To Annexation Requests: ,'/.2. (�5�73,A3 ♦ The annexation eliminates an existing"pocket" or"island" of un incorporated territory;or • ♦ 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; ♦ The police department has commented upon the annexation; ♦ The land is located within the Tigard Urban Planning Area and is contiguous to the City Boundary; and ♦ The annexation can be accommodated bythe services listed in 10.1.1.(a). The Services Listed In*9-14-..(t) Of The City Of Tigard Comprehensive Plan Include: CArirAft ♦ Water ♦ Sewer ♦ Drainage • ♦ Streets ♦ Police and Fire Protection • (Contact the individual Departments on the "SERVICE PROVIDER INFORMATION FOR ANNEXATIONS" attached reference sheet for detailed information on availability of services to aid in preparing your narrative.) If the intent is to further develop the property, analysis of available services must be based on future development proposed or anticipated. Please include in your analysis,what the existing use of the property is and any future plans for development. If you have immediate plans to develop this property, it is strongly advised to attend a pre-application meeting prior to submitting ANY land use applications with the City of Tigard. is\nupin\masters\revised\annexnar.mst 15-Aug-02 Patt Luri4f6ra From: Patty Lunsford Sent: Thursday, February 05, 2009 2:18 PM To: 'McCorkle, Bill' Subject: RE: Casa Terra deed Hi Bill, Thank you very much for the expedient reply. I will place this in the land use file. Best regards, Patty Lunsford Planning Assistant City of Tigard-Current Planning 503.718.2438/p_at_ty_@t_igard_or_go_v From: McCorkle, Bill [mailto:Bill.McCorkle @ctt.com] Sent: Thursday, February 05, 2009 2:12 PM To: Patty Lunsford Subject: Casa Terra deed Patty, Here is the deed to Casa Terra for the Montage project. Please let me know if you have any additional questions. Bill McCorkle CHICAGO TITLE DEVELOPMENT SERVICES Bill McCorkle I Project Coordinator 10135 SE Sunnyside I Clackamas,OR 97015 v:503.794.5887 I c:503.789.6961 f:503.595.7923 1 05/02 2909 15:15 IFAX •B111. M zi 001/003 3 . • 1. Washington County,Oregon 2006-128360 (J «: 10/30/2006 02:03:40 PIA DOW Gte7 tbe.7 K ORUNIWALD AFTER RECORDING RETURN TO: $15.00$6.00$11.00 ttrow oo 00•To •g1,332.00 • Casa Terra LLC 1300 Clackamas,1082. IlIJIDII11111111IIIIIIIUIIgl111111T111111 V 4 Chaos Hedamleht,Onward Amassment and •._o;,,. SPACE RESERVED Taxation and Eeoatcla Comte Clerk'of wpantlen FOR county,ereoan ao tummy methane n.whir '.''~ r'. Untila changeisrequestedalltaxstatementsshellbe inawmemorrMmro wet neared,, ndadeatona' r:,„ .i•RECORDER'S USE beak of monis at ald seat to the following address: 0`. L, �` �� GRANTEE AS ABOVE 'WWII T i EiLye.c ntyCleamentun •i;:i Taxation, County e4e Escrow No.: 45-416678-GB �— Order No.: 416678 WARRANTY DEED—STATUTORY FORM (INDIVIDUAL or CORPORATION) Harry Green-Hampton,LLC,an Oregon limited liability company and Pat Green-Hampton,LLC,an Oregon limited liability company 0 er= Grantor,conveys and warrants to CASA TERRA LLC,an Oregon limited liability company I Grantee,the following described real property free of encumbrances except as specifically set forth herein: U SEE LEGAL DESCRIPTION ATTACHED HERETO Before signing or accepting this instrument,the person transferring fee title should inquire about the person's rights,if any, under ORS 197.352. This instrument does not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument,the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses,to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930,and to inquire about the rights of neighboring property owners,if any,under ORS 197.352. ENCUMBRANCES: SEE ATTACHED EXHIBIT'A' The true consideration for this conveyance is$1,300,000.00. Dated October a 6 ,2006;if a corporate grantor,it has caused its name to be signed by order of its board of directors. no r .0 4'..' ' yl�"� WASHINGTON COUNTY / S. REAL PROPEAaY TRANSFER TAX /300.0 It3.3o•06 • �. S7✓.e: FEE PAID DATE es H.Green,member of arry reen-Hampton,LLC X Patricia L.Green,men r of Pat Green-Hampton,LLC STATE OF OREGON County of Washington -N, This instrument was acknowledged before me on the L'O''—day of October,2006 by James H.Green as Member of Harry Green-Hampton,LLC and Patricia L.Green as Member of Pat Green-Hampton,LLC. No for Oregon .1.,,. OFFICIAL SEAL JANET PARADIS My Sion Expires: 1i 7 I0ti l °°9 MY COMMISSION WIRES FEBRUARY 17,2009 (SEAL) • 05/02 2009 15:16 IFA% •Bill. M 0 002/003 9 ' SF EXHIBIT"A" 7. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. 8. Regulations,including levies,liens,assessments,rights of way,and easements of Tualatin Valley Water District. 9. Easements for existing public utilities in vacated street area and the conditions imposed thereby, Disclosed by Ordinance No.: 88-23 Entered: August 22,1988 Recorded: August 28,1988 Recorder's Fee No.: 88-043089 Affects: The Southerly area of Parcel I 10. Restrictive Covenants regarding Restrictive Covenants regarding Road Improvement and Maintenance improvements,including the terms and provisions thereof and including other things a waiver of right of remonstrance; Recorded: July 24,1989 Recorder's Fee No.: 89-033394 Affects: Parcels II and III 11, Restrictive Covenant for a Non-Access Reserve Strip,including the terms and provisions thereof; Recorded: July 24,1989 Recorder's Fee No.: 89-033395 Affects: Parcel II 12. Reciprocal Easement Agreement,including the terms and provisions thereof Dated: April 24,1990 Recorded: April 26,1990 Recorder's Fee No,: 90-020691 By and Between: Franklin Commons Associates and SimmCo Properties,Inc. Affects: Parcels 1,11 and III 14. Easements as dedicated or delineated on the recorded Partition Plat No.1991-018 For: Storm drainage Affects: A portion of Parcel I 15. Easements as dedicated or delineated on the recorded Partition Plat No.1991-018 For: Public drainage Affects: The South 25 feet of Parcel I 16. Easements as dedicated or delineated on the recorded Partition Plat No,1991-018 For: Existing building for the benefit of adjacent property Affects: A portion of Parcel 1 17. Terms and provisions set forth in'Minor Lot Partitiion',including the terms and provisions thereof; • Recorded: February 12,1991 Recorder's Fee No.: 91007370 Affects: Parcel I • 18. An easement created by instrument,including terms and provisions thereof; Dated: April22,1994 Recorded: August 1,1995 Recorder's Fee No.: 95053420 • In Favor Of: Franklin Commons Associates For: Mobile MRI Trailer Affects: The Westerly area of Parcel II 05/02 2009 15:16 IFAX •111. M Q003/003 T I fs LEGAL DESCRIPTION PARCEL I: Parcel 2 of PARTITION PLAT NO.1991-18,a duly filed plat,in the County of Washington and State of Oregon. PARCEL II: Lot 5,CEDARBROOK FARM,in the County of Washington and State of Oregon. TOGETHER WITH that portion of the unnamed public street which would inure thereto by reason of vacation Ordinance No.83-23, recorded September 28,1988 as Recorder's Fee No.88-43089,Washington County Deed Records. EXCEPTING THEREFROM that portion thereof described in Dedication Deed to Washington County recorded July 24,1989 as Recorder's Fee No.89-33393,Washington County Deed Records. PARCEL 111: Lot 6,CEDARBROOK FARM,in the County of Washington and State of Oregon. TOGETHER WITH that portion of the unnamed public street which would inure thereto by reason of Vacation Ordinance No.88-23, recorded September 28,1988 as Recorder's Fee No.88-43089,Washington County Deed Records. EXCEPTING THEREFROM that portion thereof described in Dedication Deed to Washington County recorded July 24,1989 as Recorder's Fee No.89-33392,Washington County Deed Records. Windows Live Hotmail Print Message http://by120w.bay120.mail.live.com/mail/PrintShell.aspx?type=messa... • • Print Close window Casa Terra Subdivision Annexation From: Greg Berry(greg @tigard-or.gov) Sent: Fri 12/19/08 6:08 PM 'To: 'tom-mcconnell @hotmail.com' (tom-mcconnell @hotmail.com) Cc Gary Pagenstecher(Garyp @tigard-or.gov) ' i Attachments: image001jpg(8.9 KB),Greg N Berry P E.vcf(3.8 KB) ,�TREND.,� ) As requested,I have reviewed the submitted materials have found that the proposed annexation would not affect City street, sewer or drainage. Findings Although public improvement plans have not been submitted,it appears that street,sewer and drainage services are from the extension of County fadlities south of the site. Consequently,annexation will not result in a need for increased capacity of these City facilities. Public streets, utilities and a water quality facility will be installed within the development and will require City maintenance upon annexation. The home owners association will own,subject to public easements,private streets and several tracts. Greg N. Berry, P.E. City of Tigard 114 C Project Engineer 13125 SW Mall Blvd /; Tigard,OR 97223 -tR G*A W — (503)713-2463 Direct (503)639-4171Main (503)624-0752Fax greg2tigard.or.gov 1 of 1 12/29/2008 8:55 AM Gary Pagenstecher enstecher From: Brian Rager Sent: Friday, December 19, 2008 4:31 PM To: Greg Berry Cc: Paul Izatt; Gary Pagenstecher; Rob Murchison; Kim McMillan Subject: RE: Casa Terra Subdivision Annexation All, From what I can tell, they are not connecting to any City utilities. In all the info that Paul gave me, there were no sheets showing their utility layout. From topo, I am guessing they tied to the SS in 92nd which is CWS-owned so I am assuming since the project is built they already noted adequate SS capacity. Any water in the area is TVWD. I have no idea what they did with their storm, but there is nothing city-owned near them. So I am not sure what we can tell them. Let me know if I am missing something. Brian D. Rager Assistant Public Works Director 8777 SW Burnham Street Tigard, OR 97223 503-718-2471 brianrCa tigard-or.qov Public Works: "Taking Care of Our Community" • From: Greg Berry Sent: Friday, December 19, 2008 3:19 PM To: Brian Rager Cc: Paul Izatt; Gary Pagenstecher Subject: Casa Terra Subdivision Annexation Brian: Here is a request for a Service Provider Acknowledgement for annexation. Paul has the submittal. This is a County project with improvements 90% complete. When the applicant tried to record the plat, the County discovered that there is a strip of City vacated right of way on the property so the City is now requiring annexation. This means that a new development, fully improved to County standards is being annexed. A draft of the response to the following email is below. Before sending it, I would appreciate your review -Greg From: Thomas McConnell [mailto:tom-mcconnell @hotmail.com] Sent: Wednesday, December 17, 2008 10:18 AM To: Rob Murchison; Greg Berry; Vance Walker; Kim McMillan; Jim Wolf Cc: Jerry Palmer Subject: Annexation - Service Provider Information Rob, Greg, Vance, Kim, and Jim: I am preparing an application for annexation for a property on SW Hall Boulevard just east of SW Greenburg Road. The site is identified as 1S126DB-01100 and is addressed at 9325 SW Hall Boulevard. 1 The site has been approved for a home development in Washington nty. Final platting will occur concurrent with or immediately aft annexation takes effect. Planning st has indicated I need some form of Service Provide acknowledgement that services are available and adequate to the site. Please let me know if there is anything else you need from me in order for you to make that evaluation. My contact info is: Tom McConnell 2423 NW Savier Street Portland OR 97210 503-505-0837 tom-mcconnell@hotmail.com Thanks for your help! Tom Brian: The following is a draft response. Your comments (revisions, additions) would be appreciated. tom-mcconnell @hotmail.com Project: Casa Terra Subdivision Annexation Subject: Adequacy of City Services As requested, I have reviewed the submitted materials have found that the proposed annexation would not affect City street, sewer or drainage. Findings Although public improvement plans have not been submitted, it appears that street, sewer and drainage services are from the extension of County facilities south of the site. Consequently, annexation will not result in a need for increased capacity of these City facilities. Public streets, utilities and a water quality facility will be installed within the development and will require City maintenance upon annexation. The home owners association will own, subject to public easements, private streets and several tracts. 2 Windows Live Hotmail Print Message http://by120w.bay120.mail.live.com/mail/PrintShell.aspx?type=messa... 4 • g Print it Close window RE: Annexation - Service Provider Information i From: Jim Wolf(27047 @tigard-or.gov) Sent: Wed 12/17/08 11:54 AM To: 'Thomas McConnell'(tom-mcconnell @hotmail.com) . Attachments: image001jpg(8.4 KB),Jim Wolf.vcf(4.8 KB) 0:RND E Tom- Typically I am provided a copy of the plans for development(annexation) by the planner currently assigned the project. After reviewing the information,I typically provide a statement to the planner concurring the ability for police to provide services to the proposed site. I anticipate no issues with your project. If you have any questions,don't hesitate to contact me. Regards, Jim Wolf vOLIC�; Jim Wolf Tigard Police Department Public Information Officer e.. Tnc.+xn (503)718-2561Primary OR (503)795-2391Pager . jim@tigard-or.gov 13125 SW Hall Blvd Tigard,OR 97223 From:Thomas McConnell [mailto:tom-mcconnell @hotmail.com] Sent:Wednesday, December 17, 2008 10:18 AM To: Rob Murchison;Greg Berry;Vance Walker; Kim McMillan;Jim Wolf Cc:Jerry Palmer Subject:Annexation-Service Provider Information Rob, Greg, Vance, Kim, and Jim: I am preparing an application for annexation for a property on SW Hall Boulevard just east of SW Greenburg Road. The site is identified as 1S126DB-01100 and is addressed at 9325 SW Hall Boulevard. The site has been approved for a townhome development in Washington County. Final platting will occur concurrent with or immediately after annexation takes affect. Planning staff has indicated I need some form of Service Provide acknowledgement that services are available and adequate to the site. Please let me know if there is anything else you need from me in order for you to make that evaluation. My contact info is: Tom McConnell 2423 NW Savier Street Portland OR 97210 503-505-0837 tom-mcconnell @hotmail.com Thanks for your help! 1 of 2 12/29/2008 10:50 AM i • Request for Annexation Owner/Applicant: Casa Terra LLC 7630 SE 29th Avenue Portland OR 97202 503-351-0636 Representative: Tom McConnell TMC Planning 2423 NW Savier Street Portland OR 97210 503-505-0837 Site Address: 9325 SW Hall Boulevard Legal ID: 1 S 126DB-01 100 Site Size: Approximately 2.03 acres Action Requested: Annexation to the City of Tigard for that portion of the Montage Townhome project site not yet within the city limits. 1. BACKGROUND The subject site has received preliminary subdivision plat approval for a 33-lot townhome development by Washington County. During the final platting process it was discovered that a 20-foot wide portion of the site along a portion of the western boundary was annexed into the City of Tigard during the large Washington Square annexation. The 20-foot wide segment is comprised of half a vacated right-of-way. The purpose of this annexation request is to annex the balance of the project site into the city. II. APPROVAL CRITERIA Section 18.320.020.8 of the Development Code lists the approval criteria for annexation as follows: 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 provisions have been satisfied. RESPONSE: All services and facilities are available to the subject site. As previously noted, the subject site has been approved for a 33-lot townhome development. The utilities and streets have been constructed to serve the site. Confirmation of service availability and adequacy was requested of the specified City staff on December 17, 2008. To date, Greg Berry (Engineering) and Jim Wolf (Police) have provided a response (see attached). Availability of services was an issue considered by Washington County in its review of the proposed townhome subdivision and found to be adequate in the County's findings approving the project. Compliance with the applicable comprehensive plan policies and implementing ordinance provisions will be demonstrated in the following responses. Section 14 - Urbanization Policies 14.2.3 -The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and B. Is consistent with applicable state statute. RESPONSE: As noted above, the site can be accommodated with needed public facilities and services. This was determined during the subdivision process and utilities and streets within the site have been constructed. This application request and City's process for review is consistent with applicable state statutes. III. CONCLUSION The subject site is within the City's Urban Growth Boundary and adjacent to the city limits. The site is currently being developed as a 33-unit townhome development, approved by Washington County. A portion of the site is already within the city limits of the City of Tigard. The applicant is respectfully requesting that the balance of the property now be annexed. DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO THE CITY OF TIGARD - Please list all properties/registered voters included in the proposal. (If needed,use separate sheets for additional listings.) "PROPERTIES*" • PROPERTY DESIGNATION (Tax NAME OF PROPERTY OWNER TOTAL ASSESSED VALUE OF. SIGNED Lot Numbers) ACRES THE PROPERTY PETITION Isl 2(2 - ot(oO CkS4 TERM Imo, 2..O3 4(045 (1530 ✓ TOTALS: . . 7-.U3 (8L(5 _533O . "*REGISTERED VOTERS** ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER IGNED 5 • I TOTALS: **SUMMARY" is\curpin\masters\revised\wxwlshtmst 15-Aug-02 TOTAL NUMBER OF REGISTERED VOTERS IN THE PROPOSAL 2f NUMBER OF REGISTERED VOTERS WHO SIGNED PETITION PERCENTAGE OF REGISTERED VOTERS WHO SIGNED PETITION: 47A TOTAL ACREAGE IN THE PROPOSAL Z• b 3 ACREAGE SIGNED FOR S. •C) PERCENTAGE OF ACREAGE SIGNED FOR IOU Ta TOTAL NUMBER OF SINGLE-FAMILY UNITS: TOTAL NUMBER OF MULTI-FAMILY UNITS: TOTAL NUMBER OF COMMERCIAL STRUCTURES: TOTAL NUMBER OF INDUSTRIAL STRUCTURES • TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and 've consent to,Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicible regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO-Property Owner RV-Registered Voter PAGE 1 OF I OV-Property Owner&Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct D Section Number Number Number ✓ f -*3o fit*%mu.* o " • I s w 241:41 t t 00 12 o 111.111 f I Erg MLA MEI MEI 5 ` a.c), -bA\.0° 4 vok c `C � � ;-2A2,5 DS= hA \revised\an .mst 28-Jan-O8 • • THIS SECTION IS TO BE COMPLETED BY WASHINGTON COUNTY ASSESSOR'S OFFICE 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 Tigard contains the names of the owners* of a majority of the land area of the territory to be annexed, as shown on the last available complete assessment role. • NAME: A . KAtiFF* 'A,r ) TITLE: _.RTt>G.RIP 41 P•w42.vtsaR '17°9 014® I 1I DEPARTMENT: Ass mss n r.4 4x A�dN �R`1�� tea,/ COUNTY OF: (Ij As (■-)4Th,-) -c CO' DATE: D iet. ZZOO, COA G0 N` Pg�\GPVklo * indicates that"Owner"means the owner of the title to real property or the contract purchaser of real property. THIS SECTION IS TO BE COMPLETED BY WASHINGTON COUNTY ELECTIONS OFFICE CERTIFICATION OF REGISTERED VOTERS I hereby certify that the attached petition for annexation of territory described herein to the City of Tigard contains the names of at least a majority of the electors registered in the territory to be annexed. NAME: TITLE: Gf• • DEPARTMENT: - ,, ,(2; COUNTY OF: . . o ` \� �sv DATE: i\curpin\masters\revised\certify.mst 15-Aug-02 • CITY OF TIGARD CERTIFICATION OF LEGAL DESCRIPTION AND MAP I hereby certify that the description of the property included within the attached petition (located on Assessor's Map IS 7.-1.01b1 ) has been checked by me and it is a true and exact description of the property under consideration, and the description corresponds to the attached map indicating the property under consideration. NAME -Pik k. 4t�.ui✓Fr-'l.AJ TITLE CSR bGtz.Ar ky SyP v(sop , DEPARTMENT AsSesr�e-+"- T TAx AT10'■ COUNTY OF t"--) 5'" '601'iJ DATE >=c. z4. 20o8 ANIFT- °'.1 ION cERTIIFBEr UEC 2 4 2008 COON" CARTOGRAF. I:curpin\masters\revised\legal description certification.doc 15-Aug-02 WASHINGTON COUNTY ��'� OREGON • CERTIFICATION OF REGISTERED VOTERS FOR ANNEXATION PURPOSES* I hereby certify that the attached petition for the annexation of the territory listed herein to the City of Tigard contains, as of the date listed, the following information: 1 Number of signatures of individuals on petition. 0 Number of active registered voters within the territory to be annexed. 0 Number of VALID signatures of active registered voters on the petition. Tax lot number(s): 1 S126DB-01100 DIVISION: ELECTIONS COUNTY: WASHINGTON DATE: December 23, 2008 ` . At NAME: Barbara Harness . • TITLE: Administrative S•ecialist II (Signature of Election Official) • *This 'Certification of Registered Voters for Annexation Purposes' DOES NOT, in any way, make the determination if this petition meets the annexation requirements of the city/district listed. Annexation certification sht rev3-042706 Department of Assessment 85 Taxation, Elections Division 3700 SW Murray Blvd, Suite 101 MS3; Beaverton OR 97005-2365 Phone: (503) 846-5800 Fax: (503) 846-5810 Email: electionn,co.washington.or.us www.co.washington.or.us/cgi/electhom/main.p1 • I • ANNEXATION LEGAL DESCRIPTION PARCEL I: Lot 5,CEDARBROOK FARM, in the County of Washington and State of Oregon. EXCEPTING THEREFROM that portion of the unnamed public street which would inure thereto by reason of vacation Ordinance No.88-23, recorded September 28, 1988 as Recorder's Fee No.88-43089, Washington County Deed Records. EXCEPTING THEREFROM that portion thereof described in Dedication Deed to Washington County recorded July 24, 1989 as Recorder's Fee No.89-33393,Washington County Deed Records. PARCEL II: Lot 6,CEDARBROOK FARM, in the County of Washington and State of Oregon. EXCEPTING THEREFROM that portion of the unnamed public street which would inure thereto by reason of vacation Ordinance No.88-23,recorded September 28, 1988 as Recorder's Fee No.88-43089, Washington County Deed Records. EXCEPTING THEREFROM that portion thereof described in Dedication Deed to Washington County recorded July 24, 1989 as Recorder's Fee No.89-33392,Washington County Deed Records. ANNEXATION CERTIFIED DEC2008 WASHINGTON COUNTY A&T CARTOGRAPHY • • • ix .s;. • • e .. ii, gi • ti:: iu .§� � '1 gzMtx. x. t ..A*K: : .. S ... r' . .<�':: <:� r< is i 'ix,;„r n :LT c ixx:. :: % b �:c:xs:.h:::'.:' 410 • PRE-APPLICATION NOTES FOR CASA TERRA LLC November 20, 2008 STAFF PRESENT: Gary Pagenstecher APPLICANT: Jerry Palmer PROPERTY LOCATION: 9325 SW Hall Blvd,east of Greenburg Rd. TAX MAP/LOT#: 1S126DB-01100 PROPOSAL DESCRIPTION: The applicant seeks annexation to the City of Tigard of an approximately 2.03 acre parcel,Tax Lot 1100,located in Washington County. Site work for the subject property's 33-lot subdivision is 90% constructed under the County's TO: R-18-24 zone and subdivision standards (WACO Case No.06- 266-S/HRV/AMP). The applicant desires the City to recognize the County building and lot setback and size standards to assure the development's value is protected. Note: The subject request is the result of a Casa Terra residential development located at 9325 SW Hall Blvd., adjacent to Franklin Commons.When the applicant recently submitted the final plat for review by the County, the County discovered that the project area included a portion within the City of Tigard that had been annexed in 1987 (portion of a vacated right-of-way). The County will not final the plat. COMP PLAN DESIGNATIONS: Mixed Use Residential 1 (WSRCP);Transit Oriented Residential 18-24 (WACO) ZONING: MUR-1 (WSRCP);TO: R-18-24 (WACO) PROCESS Annexations shall be processed by means of a Type IV procedure,as governed by Chapter 18.390 using the following standards of approval (Chapter 18.320): 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 provisions have been satisfied. APPLICATION REQUIREMENTS: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee (waived). NARRATIVE Include a narrative that responds to the applicable criteria. Provide background information, current zoning, site and vicinity information. CASA TERRA PRE-APPLICATION CONFERENCE NOTES,NOVEMBER 20,2008 • • APPLICABLE CRITERIA The decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable (ORS Chapter 222,City Boundary Changes); 3. Any applicable METRO regulations (Metro Code Chapter 3.09,Local Government Boundary Changes); 4. Any applicable comprehensive plan goals and policies (Goal 1.1;Goal 11;and Goal 14.2,Policy 3; and 5. Any applicable provisions of the City's implementing ordinances (Chapters 18.320 and 18.390). ASSIGNMENT OF COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Section 18.320.020.0 states: The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. The controlling zoning map is the 7/9/98 Washington Square Regional Center Study Zoning/Plan Designations Draft map (Exhibit C, Ordinance 00-18),which is consistent with the Comprehensive Plan and Zoning Designations map (Washington Square Regional Center Plan, September 1999,Page 36),which shows a split zone on the subject property: MUR-1 (WSRCP) on the north and R-5 (WACO) on the south. The subject property is currently zoned TO:R-18-24 (WACO). The City's Washington Square Regional Center Plan zone,MUR-1 (50 units/acre), applies to the northern half of the property. WACO's TO:R 18-24 zone permits median density,primarily attached, residential development. The City's MUR-2 is moderate density and is most similar to the TO:R-18-24 zone. The City will apply the WSRC zone, MUR-1, to the northern half of the property because it would implement the City's comprehensive plan map designation. The southern half of the property will be converted to MUR-2 because it is most similar to the County's zone. DECISION The decision timeline is approximately eight weeks from receipt of a complete application.Annexation is effective 30 days from date ordinance is passed. The 120-day rule is not applicable to legislative changes. APPLICATION FEES: $2,498 (waived through February 2009 by Resolution 08-12) CASA TERRA PRE-APPLICATION CONFERENCE NOTES,NOVEMBER 20,2008 2 OTHER CONSIDERATIONS The subject site has been improved consistent with a County land use decision (Case File No. 06- 266-S/HRV/AMP) implementing the County TO: 18-24 zone. As a result, a portion of the development may be non-conforming under a rezone to MUR-1. The City's Planning and Building Departments will honor the prior County approval when processing building permits. 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T6t CT lica:B:_. o z6D r, t 1 �\ -°. 600 z r: \\\'\,.\\'l.9 ;',., ,,\:„.„ 4000 00, �� _ �_ � 44 AC "' X25' ^- gq oo 4' ' • ^� 10 .00 Cancelled Taxlots For 1 S126DB• �- <, ! i 70,0o ,0 5500 EASEMENTS 90-20891 is i� �) 'lJ�1 Q-is in % o bgOp p0 ,Y gp�p e•� `) 03 C� `� T �� ,� 0 a - o a' 22. `:° °'1zo.eo �� °,+ C ril 1S126DA- 1500,1600,204,601,602,60316041605,702,703,1401-A1, `_1 c 701 0„ 70.00 - o, 2600,201,207,301-A1,1400,1401,301,1101,100,1200, 2$001 i 1 �� c�. ° T 8.28,ry 47.32 .45.04 ro W ?o �-- .47 AC Q m o°1S126DA "1 m 3 /00 400-- rn 1 ,. 5800 f r.. . as 5 � I 6� �a 125' c ' ; �570U�A rSi26QA W ANNEXATION CERTIFIED m sa n 4.70 AC C� o - � ti ` 1 j�l EAST v 3 A 5600 0 107.80 30 - 'Q N n O N 10}0 `30` '�; 4.16 a e�, er 21 riV ai 30` Q /�71 Z ° , , L} °' a , �� 111 111j4 a0°, ,%-4 .53 y ��.s \8 0D26DA p B�f ° ..✓� A. �r in Liu :*CA N .61 AC çQ3 �► ea o 1 S 126DA r� Cy\7s. 1.88 2 _ M m' �i . . , . CO ��723? 6000 8/ '9/ O 33.4 ,.j as �• r' -0,-- :.m R. 8 �4' F C t DEC 4 2008 28� gI?�5726 ,. '7 CT st fir:i . 1 {J \I a 4i3 H 0,8100 4e a p J 1100 R? / g0 r11.-... a '1<57,00 �J 2.04 Ac <� `� ICI 2,2 � 2 g®3, ZS,paN •.; 1'"" _r, r►,- 3700 DA WASHINGTON C®LINTY A&T 143.91 �O "�S 2 1 42' I `� 9 CARTOGRAPHY ` S ° 900 �4 ' 63' i-i-- 11: 44' ^ 41-7-7-45 �'i 8.fl0'?�.?: ;W . . ' r 3 �� tigo j 6400 ? .9� oo! ti 3 - - ' 91 AC o 11 �, iA0prnvE�> o \ . 8 Qa��l �y '�� ,,) �? �� j1� ( CIL l 22044 / i/ ° .i a Q �l A 8 0 a4 oa 11 1 iS126DA e�� 29 ^ ;28DA , i5.03.1a:a'� 3 r� � til-V i�Oti�t�J-1( f /f �j 6 I 801 ' t ■ �`� ti :30 a i2sDA „4:1,;(7.,',„:: fib �� r .CJ S 1.04 AC eo I I 1 �' � .' �cse gyp,, 79D. o� Q. •- -mot• - -- J ;y a 20 AC oo �j� 31 gam'' ti�' ,,.= 5� o • 4$:1 (� Let 2900 � { ;//; 803 l R 'Y\ a3 >`` .5 AC t 19 AC 31111,1 l 4.; ?* 'ee - 1 298.50 ^^/ 802 i t 1 @ �' N88-01-09W 17 AC =9 --e�`11,\, ,, � PLOT DATE: August 14, 2006, . 4. , / i-.,: \ 1 QO 89 33392 0 / r, a 1 11 i 1 :+a cr -- ,► _88 r" \ i \\. + - I 21.78, 70 j�' 8�\ 1 t 111 cP?7__ l ASSESSMENT 5` � 1. 399 1' \`\\\, ` - r ►'- •- f+1 { EAST 190.'3` , 180 3 1.2•••0• ' •. • 4.1. 90. ;; " �g 1 11111 \~ l.9 9> '° DO NOT ON >~ r - �r, 18126b0 : l : r� 2 '7223 - 111r�: 1 OTHER m �' - , - 1S726DC Si2608. o �` N m = 'AC' 60' sot 2 ,1si2+ ,• . is12.6DD . 4 8- 1 si26Db,''� � - L Map areas delineated by either gray shading or a cross-hatched 1 �! a : •c� m 42 AC i o 203 $' °° a 7,yS1 :p n �� pattern are for 31;'@ IYL'S only s7r}€ may not indicate 8 }'most : EMT + r `I 3 '` o \ l 1 . 1 S126DC , ' 6 EAsEM ° 1 Qi / I1 i c5 rS126DC D r 6ri Dt D � s r } Sri S. S D�1S€i1 1 6 c t� 1316+ D i .!' .�J j ,mod' 100' :r o ry r)) ➢F° }?333t D3rri'd}'}{3frr" BIQD./, � ; -lb: ,• r- . - y EAS�MEN7 44 ° m ��' :C1 �� -�- ''/1 ' ; 2�5 AG �,.- J 15, _ 04 r 2004 4211 2g 91 A�' �o ?� r ,77.55 33.75 �O.Ob 4.8• 1 S128DC 1 c I .`l ;.'Q� ¢ 81.00: r 9 -. - r . 18128pb, 1 cv ..1s..� 1q.4� A - Q . x 1S126DC' i 8 of 1S126DC, , � 1264G a'`' S SW M14UI 200` o 0- - �, f 8700 1 �' 1, moo r 7000 35.00 CO RT CR 3 52) 3J AC: 07 141�a / �J ' 2 R=40 �W (CR 2078) -0 �t� 33 :a 1 S7D ,. E , A �s •1 30. 2 108A0 s89-235W . . 3 -!-e,,, j iI: AC B EAV E RT 0 N•_ • 4@ •� `1 •_ •.•• ? 02?� "� . 1 b/£�2 �8OD�• 4 1S12BDtJ 2^ '- �± -- I w 71 _ }. 1S126DB . 1S126D8