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ZCA2008-00002 Patt Lunsford From: Patty Lunsford Sent: Friday, September 12, 2008 2:59 PM To: 'Risa Proehl' Subject: City of Tigard Ordinance No. 2008-05 Annexation Questionnaire Attachments: PSU Annexation Census Questionnaire_Form.pdf; Patty Lunsford.vcf Hi Risa, I have attached the annexation questionnaire for the item referenced above, as well as the related confidential census form for your records. Please call me if you have any questions or need anything else. Best regards, Patty Lunsford (503.718.2438) Administrative Assistant City of Tigard - Current Planning 1 ANNEXATION QUESTI .ONPAIRE The information on this form will be used to certify annexed population. For September 30,2008 certification, please return the completed questionnaire no later than September 23,2008 to: Population Research Center P O Box 751 -PRC Portland State University Portland, OR 97207-0751 { City of 'j� County of II i.,441 (If city is located in more than one county, name only the county where the annexa on occurred.) Annexation Ordinance Number or Final Order Number O - 65 Effective Date of Annexation r a0 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 cas STRUCTURES 1 UNITS IN MULTIPLE FAMILY STRUCTURES MOBILE HOMES OR TRAILERS TOTAL POPULATION q OF ANNEXED AREA DATE OF ENUMERATION -/ 01 d p ENUMERATED B h!n_�/1Gi d or/ POSITIOl\J;4, �. Le, ,PHONE# - i CITY CONTACT PERSON AND TITLE Song, 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 final ordinance,lists of addresses, etc.to our office unless you are requested to do so. If there are any questions, or to schedule a census, contact Risa Proehl at the Population Research Center(503) 725-5103 or proehlr @pdx.edu. THANK YOU. • City File Name: Phelps Annexation City File#: ZCA2008-00002 City Ordinance#: 2008-05 t ,,' N ° F .F . k GaAs -, 18 Forn Use one form per housing unit CITY OF TIGARD Address of Property: 15305 SW 153rd Avenue Map/Tax Lot #: 2S108AB, 01000 HOUSING TYPE: TENURE: Single Unit Structure ® Owner Occupied Multiple Unit Structure El Renter Occupied ❑ Trailer or Mobile Home ❑ Vacant ❑ No Dwelling Unit ❑ Seasonal El RESIDENTS: Last Name First Name Respondent Phelps Jeanette 2. Phelps David S. 3. 4. 5. 6. 7. 8. 9. 10. POPULATION RESEARCH CENTER Portland State University (503) 725-3922 Patty Lunsford From: Patty Lunsford Sent: Friday, July 25, 2008 8:33 AM To: 'Jeanne.batchelor @pgn.com' Attachments: Secretary of State Letter.pdf Hi Jeanne, As promised, I have attached the letter from the Secretary of State,Archives Division acknowledging receipt and filing of the City of Tigard Phelps annexation, Ordinance No. 2008-05 (our land use file no. ZCA2008-00002). Please let me know if I can assist you with anything else. Best regards, Patty Lunsford (503.718.2438) Administrative Assistant City of Tigard - Current Planning • 1 Patty Lunsford 4110. From: Patty Lunsford Sent: Thursday, June 26, 2008 4:37 PM To: 'Jeanne.batchelor @pgn.com' Subject: ODOR Notice to Taxing Districts for Phelps Annexation/ZCA2008-00002 Attachments: ODOR Notice to Taxing Districts.pdf Hi Jeanne, I have attached the Oregon Department of Revenue Notice to Taxing Districts that you requested for the City of Tigard Phelps annexation, Ordinance No. 2008-05. Upon receipt of the letter from the Secretary of State,Archives Division, I will forward a copy to you as well for your records. Best regards, Patty Lunsford (503.718.2438) Administrative Assistant City of Tigard - Current Planning 1 Office of the Secretary of State • 0 F Archives Division ,* . MARY BETH HERKERT . BILL Secretary State 4%41:.;` 1117/x/.•:y0 Director .C14t sv, , +tmrer�", I0 800 Summer St.NE N Salem Oregon 97310 ; (503)373-0701 *8.5' '• 9 Facsimile(503)373-0953 July 21, 2008 Metro Linda Martin 600 NE Grand Ave , Portland,Oregon 97232-2736 Dear Ms. Martin: • Please be advised that we have received and filed, as of July 21, 2008, the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number 2008-05 (Tigard) AN 2008-0145 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, �k4 eila -a - 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 • • 600 NORTHEAST GRAND AVENUE PORTLAND, OREGON 97232-2736 TEL 503 797 1742 FAX 503 797 1909 • A' METRO PEOPLE •PLACES•OPEN SPACES July 16, 2008 Linda Bjornstad Official Public Documents Office of the Secretary of State 800 Summer Street NE Salem, OR 97310 Subject: Completed Annexation Packet Enclosed please find fmal annexation documents: Ordinance Jurisdiction DOR# Metro Proposal 2008-05 Tigard D0R34-1910-2008 WA1308 Sincerely, Linda Martin Metro - Data Resource Center CC: Washington County Assessor Washington County Elections City of Tigard • • • Final Documents • for Annexation to L City of Tigard WA1308 Ordinance: 2008-05 ;xation: ZCA2008-00002 Phelps Annex DOR: 34-1910-2008 Secretary of State: • _ . City of Tigard,' Oregon • . 13125 SW Hall Blvd. • Tigc• OR 97223 July 2, 2008 • • gm TIGARD 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 in regard to property recently annexed ' into the City of Tigard: City File No./Name:ZCA2008-00002/Phelps Annexation ♦ Copy of City of Tigard Ordinance No. 2008-05. ♦ Assessor's Map of the Subject Properties. • ♦ Notice to Taxing Districts from the Department of Revenue (DOR 34-1910-2008). ♦ Metro Mapping Fee,in the amount of $20.00 (supplemental payment to our previous check #57876 in the amount of$250.00)for 4.12 acres. MAP & SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 2S108AB,01000 15305 SW 153`d Avenue David S. &Jeanette Phelps PO Box 551 Tualatin, OR 97062 If you have any questions or need further information, please call me at 503-718-2438. Sin erely, rl / O Patty :. sfor. Planning Admini rative Specialist c: ZCA2008-00002 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 DOR 34-1910-2008 • Notice to Taxin4istricts • C.-------OREGO N ORS 308.225 • DEPARTMENT *PilirOF REVENUE Cadastral Information Systems Unit • PO Box 14380 • Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard 1 2008 E:SC �a fl aP APpr'g�e� and JUN DTs Assistant Planner • M = ;:'� , o • 13125 SW Hall Blvd : . Yf::g; k ° ° i g ._.�.: Tigard OR 97223 y "` pX; ,;i `44 s 'er53: 3.08�22"5x . • • ® Description ® Map received from: Patty Lunsford On: 6/4/2008 . . This is to notify you that your boundary change in Washington County for Annexation to the City of Tigard, Phelps Annexation. Withdrawl from Tigard Water, Enhanced Sheriffs Ord No 2008-05 • has been: ® Approved 6/9/2008 I I Disapproved • • • Notes: • • • Department of Revenue File Number: 34-1910-2008 Prepared by Robert Ayers 503-945-8883 Boundary:. ® Change Li Proposed Change P S • The change is for: Formation of a new district • Z Annexation of a territory to a district M Withdrawal of a territory from a district 171 Dissolution of a district 1 Transfer Merge . 1 _I Establishment of Tax Zone • Taxing District copy-Copies to:County Assessor,Department of Revenue,County Commissioners or County Court/Boundary Commission(If appropriate) • • • CITY OF TIGARD, OREGON •- Attachment 1 TIGARD CITY COUNCIL ORDINANCE NO. 2008-as- AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and 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 Tigard Water District, Washington County Enhanced Sheriff's 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 May 27, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located on SW 153 Avenue and adjoining right-of-way, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no-debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; 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 Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on May 27, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the. Tigard Water District, 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 most closely conforming to the County zoning 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. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described in the attached Exhibit "A" and shown in Exhibit "C" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council hereby annexes the right-of-way described in the attached Exhibit `B" and shown in Exhibit "C" and"D". SECTION 3: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "G" and incorporated herein by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including 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 6: 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 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By IA aril mOUS vote of all Council members present after being read by number and title only, this oT day of —71') ,2008. • %7' £2) t i$ Cathy r`eatley, City Recor Ordinance No. 08-05 Page2 • - • APPROVED:By Tigard City lioluncil this --avS day of - , 2008. AG _ .• /4- • ••z • • Approved as to form: Sydney L. Sherwood Council President C3V Attorney Date C' rtif!ed to be a True Copy of Original on File A . By: . 61-01- Deputy Recorder - City of Tigard Date: Jae( • Ordinance No. 08-05 Page 3 -45e 40=0 • S.0 7,(S8 EXHIBIT A Property Description for Map 2S108AB,Tax Lot 1000 . The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of'Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21°42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153rd Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; _ Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; • Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3,being 205.00 feet to the point of beginning; Thence N 00° 05'E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres,more or less. EXHIBIT B • •VV 1-iYa.C1I1C • S.W. 153rd Avenue City of Tigard Annexation • RIGHT-OF-WAY ANNEXATION A parcel of land lying in the northeast one-quarter of Section 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, said parcel described specifically as follows: Beginning at the southeast corner of that tract of land conveyed to Teresa B. Hilliard by statutory warranty deed recorded October 11, 2000 in Document No. 2000082842, Washington County Deed Records, said southeast corner being on the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147'/2; Thence, from said point of beginning, leaving the centerline of S.W. Bull Mountain Road,North 05°24'00" East, along the easterly line of said Hilliard tract, a portion of which is also the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 289.00 feet to a point of curvature at the northeast corner of said Hilliard tract; Thence, along the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave westerly, the central angle of which is 39°01'25", the long chord of which bears North 14°06'42" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of reverse curvature; Thence, along the westerly, northerly, and easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View.Estates", along the arc of a 40.00 foot radius curve, concave southerly, the central angle of which is 258°02'51", the long chord of which bears South 84°36'00" East, a distance of 62.15 feet, an arc length of 180.15 feet to a point of reverse curvature; Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of • "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave easterly, the central Page 1 of 2 9755 SW Barnes Road,Suite 300 • Portland,OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com WHPadic angle of which is 39°01'25", the long chord of which bears South 24°54'43" West, a distance of - 18.19 feet, an arc length of 18.55 feet to a point of tangency; Thence, South 05°24'00" West, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 248.34 feet to a point of curvature; Thence, along the easterly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 20.00 foot radius curve, concave northeasterly, the central angle of which is 82°00'00", the long chord of which bears South 35°36'00" East, a • distance of 26.24 feet, an arc length of 28.62 feet to the north right-of-way line of S.W. Bull Mountain Road as dedicated in the plat of"Wonder View Estates"; Thence, leaving said north right-of-way line of S.W. Bull Mountain Road, South 13°24'00" West, perpendicular to the centerline thereof, a distance of 30.00 to the centerline of S.W. Bull Mountain Road, also known as County Road No. A-1471/2; Thence, North 76°36'00" West, along said centerline of S.W. Bull Mountain Road, a distance of 63.66 feet to the point of beginning. The parcel of land to which this description applies contains 20,454 square feet more or less. Bearings are based upon the plat of"Wonder View Estates". REGISTERED 1. PROFESSIONAL. LAND SURVEYOR r OREGON JANUARY 20,. 1989 GARY P: CHRISTERSON 2377 • RENEWAL: DECEMBER 31, 2009 • P:\City of Tigard\034152\Survey\Documents\153rdAnnex-Lega1050708_doc • • • Page2of2 • • NW 1/4 NE 1/4 SECTION 8 T2S RIW W.M. 2S I 8AB WASHINGTON COUNTY OREGON_ 100 SCALE I"• 100' 1200 U 2 MAP 6 2S 9 I S • "Vr 0 •~ '�l .er w•, n°:wig _ (SUNWSE VWE) .y.• �� NW COP. 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MOO •w., ♦♦\♦♦♦♦ '4" , 10I .il .IOAa ,1= I .gig .ffAt. I CR }',4> n< ♦� L� +re'1 envoi• 2300 1 �.I , I "°�'\�♦>;IQ,' I 1 ..,. a>! I501 a �4 1, I 1." 1903 •• __ $MAa a}$ w I Hof I $ .uee' 1903 14°0 Nee`' Y 1 e�pp s . a•S w , '' .,.. 'C.. KM S I 3 .!a Ae. �_ . • N., TRACT Y 1901. et-0r A LAME efAe. \ .i 1904 ; • t 1502 2500 2600 2770 2300 \— flea ' • SEE MAP e I1 " : 29 1 BAD / 1 6 1 7 I 8 9 ,Y 3000 INNN goo I a 16 n II 12- . 6 Icy. •e 4.9,11 Qil4sNe1a. .. .. .■e!1(4�. .. ..QM. ••P'1 .ON • INN 1 no Nn•en,n • • SEE MAP 25 1 BAC • . 2S I 8A8 • -2r.14.4-1/r4 • EXHIBIT D I. LOT , � • R=40.00' \ A=25802'51" LOT\ L=180.15' LC=S84 36'00"E, 62.15' . • __„,_-----R=27.23' — A=3901'25" R=27.23 j 25' 25' 1 L=18.55' A=3901'25" I .4. LC=S24 54'43"W, L=18.55' A\ 18.19' LC=N14'06'42"W, • 18.19' QI CJ DOC. NO. 2000082842 1 3 kw O I O O (Y) a QJ d N1- . . `'' N �' N vi V- p 2 co I LOT 4 0) N R=20:00' • A=8200'00" POINT OF BEGINNING lu L=28.62' AT SOUTHEAST ct LC=S3536'00"E, CORNER OF DOC. NO. 2000082842 26.24' 1 25' 25' 1 • N SW 30.00' N COBLiL L S13'24'00"W UN Ty I ROAD, I O U • T. 6366' _ _ 74'—V2 D F SCALE • ' 0 30 60 120 k N • — —41��'`'" _ ( FEET ) -o� INCH = 60 FT n 1 X O a DESIGNED BY: CPC CHECKED BY.. CPC WHPacific b DRAWN BY: TEN APPROVED BY: GPC R LAST EDIT: 05/08/08 PLOT DATE: 05/08/08 CITY OF TIGARD REVISION 9755S Barnes d. ANNEXATION MAP DATE BY REVf REVISION CK'D Suite 300 00 Z Portland.OR ! 97225 S. W. 153RD AVENUE c. 503-626-0455 NAME CO. OR a Fax503-526-0775 www.whpacifc.com SCALE: I PROJECT NO. DRAWING FILE NAME: SHEET 1 1'=60' 034152 1 34152-SURV-EXOO I 1 L 0, J TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: W 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. • w LEGEND: PO- Property Owner • RV- Registered Voter PAGE OF OV- Property Owner& Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township! Map _ Tax Lot Precinct PATE Section Number Number Number _ rj Jeavieftc helps 153oS5.w 1_ 3' k.D 2S/8 10120 47`10 1/2001 ll • .r4.,J .G2 David S Phe1r5 15'3oS Su> /53 .R11' 25/s • fooc, 4i0 °/o/ ' • • • • • i:\curpin\masters\revised\anxpetn.mst 15-Aug-02 . . _ 1 • • / / "i) ,..1----------------____ . CITY of TIGARD . . 1 't ------------- GEOGRAPHIC INFORMATION SYSTEM • F4 • A . . ‘ i it._______:..' ,. - VICINITY MAP . fia . gliiiii, 1.0-010-SIM-4/■-, 1 ' Z I . i ,-.-- . >I . 111 i111-6110-IM-■ I . 1 CITY OF TIGARD ZCA2008-00002 . I - i • . . , , BAKERIN ! PHELPS ANNEXATION r.,.._......._.....„, 1 . • • , 1 . . . 116....._." 7 1 r I • ‘• QtyBounda :, . 11- • _ . . i i 1..-.. v i.-.1.- SE-a. -4.. 1..dj • • i 4.."." • 77-4..- SUBJECT SITE . I _ . . . . <, Proposed Propert)4 • . • 1 ),96, 4. to be Annexed. , :',1 — - • ... .,....... . L . l..1 .,... • . < .1 .,, . . , • • Ct ■Allik .. 11111 ' OD . • . • .I I 1 i Proposed Right-of-Way • ,::::: . fie • . 46,, .,0. •• S — -----1 to be Annexed -... hOECMT Ro• 1.7.1,...4,..'' •■AL' 3',Ett.l'c's'..-i1t. , .", .1... PI' ,..'../ ' 5: • .,,. I . ... 4 . • ,,,,„F 13..?, '''' . / / _ h., . 00,4 . WA HINGTO CO I T Tigard Area Map 0 80 160 240 320 400 Feel' re --...„ a. . .---------r-----------"Th Zal . . i------------ ---- (..C....t-----.........„......... 4,,...1 • s. N) .t:14. rfi:ife:!::;:: t;_qt. IV Information on h general location only and should be verified with Development Services Division. . 1— , IIPIP 3.1.1. 13125 SW Hall Eilvd 0 Tigard,OR 97223 . A (503)6394171 . . . httplhvww.ci.ligard.or.us r-----..----- . • :ommunity Development . . Plot date:May 6,2008;C:\magic\MAGIC03.APR . . • EXHIBIT G • Alk Agenda Item: Hearing Date: May 27,2008 „Time: 7:30 PM • 47 AGE'- ..7. s.,c'..,..� `.:-•e.LY=,'r •Y ._.J-s' 's': i,' _ - ..s.,:>. xa-Y,G' ;c." N•:-::_to-�....,.� , '�c;.�J •�s,iixf'�'�'^.. •:2=_:�.; ;>r'3T'K;�,�� i�'�.e%'�`�a�..�'.��?, ,�, p ��;:bT.AFF= PsORfT:t'k -f . ':= 3 • r Sr. •t.'K��$:r;tai, ' '�- '.5 6 i � mot- -::�. - xa__:;7'.� �:r.'f:�, �r'.'�.',„<��+1:4 r.. ,',,,'� .s'ir•+�Ti-'e��".h'�i,fio... �S:�x Ei;w -:-.�:s>^.. :7..} rY:.�CiSc2'�,., _c-, -u;r3a..�w.:�:" ,i., xr �..x' i�-•e ;. r F •_ '..' r>,i, .o:iwtfi?,, eti 7,.. '.i �1'i.',.:i� .•..y;yT>s;°. ;,1,,1 ry t ,�°_ ,rt ;% ,_5�-v.;. ..;�.'..{'�....• ..s_.-x�J,<. -`°(':r.� � ...;�;=Tttp��� ,'•>o[,- -�e•.s,. �� .• sf �,:�:j��;, V •�`F. �-'�x.;t-~`kii.,r�-s'Ic`v;3.-i�:,_?'°��_,• ��{,',:.: Zs'.:rv-., oq�-ir'.�Y.-d-r� �'•iwJ.. ;:`tc'�;t 7• . ' "' �•' f•f}„f�'>3; Evpt,. -..S' ; „YsCiTY¢,.Fn.O;#5 .. {< n X _ s,.Y r '- s-Y,..•t -,?• e6 r-s.>�, ,:�.:.cr z.r.+ -•P y �3� y 443". 1.- `rte'*w t01W1,i •7t • u �? •. r:a f. ..rt,�:.y�}�' ".',ems+ �,c.� �jjc��x��� �'�c(� . ,amt+'-��'l , f. 4•. �:�>^, h;jYn(.e`_'L`i,.,.l.� i�ke,YV�W.;ta ` ��'cF�a^i �`:, .S...e�r3v`airY-Ks�cYyf;x��.i ..,�Y'ti,-'•'t`��sy ORTE- a I a i-". _" b..$r� :. TIGARD �. ; ; CN . F,?cry o _ a :=n r1f .R. - .,_:crt '$� ...y '.. -4.. "''�•'•r � � i�'H==�:"��:ia�,�-r:`s-=.*I�?' .a:_:s,•. rt.:i .,....*k;iF��s,�kx� :•. —;�.r„�ry',t'�'n”. .r. ✓^�-i� .6.�-'"i'3•`r._ _. - _._ . ,... . _..-- - • •120 DAYS = N/A • SECTION I. APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION• CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ • OWNERS: David S. and Jeanette Phelps • PO Box 551 Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue;Washington County Tax Map (WCTM) 2S108AB, Tax Lot • 1000. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre,except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot • area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and_duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses • are also permitted conditionally. Note: In a subdivision; lot size may be averaged to allow lots less than the minimum lot size allowed in-the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. • • PHELPS ANNEXATION ZCA2008-00002 PAGE 1 OF 10 • S . APPLICABLE REVIEW CRITERIA: 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). • SECTION II. STAFF RECOMMENDATION E.t.1ri,"�t� r 3-_�►Q"�e o r P a 1�`��.<te�f s'h"s�4r3"ae�.re s s a a fx'-►'.:'-��rY$'S t �+.,,- i "r � ,t,w"0e���'e,ce e y vy. a ekX ^`+v`�:2es�✓'"„_'�z;ti`' !s4 t! ( P e FI er r 1b , a e a'x p �...k b a 'eae eesr fsc s' 3s M i 1 —014'0'4"i .4 e ee T 4 t.t t I �1 r a c `ia: - w C[* '�-y. «a "l z a 's r r,+ i,�.,r 44„iti. a a U t a 5 a e f St r o f ,,�.n.f � v ;�.�^e, u 6 F ���¢"�`'-9;�'�'- i, al� y.�i � a e�#C�� ���� .r�s ""� ��"e' '�'�a k ee �atiY oa seF� ' 0 �ea " s"3P ` �t 1 'S v a ; t e n a . a e e a VIEfi t 7 J1 ar ,. rt as c3 r y ' a !VI ! ! ! ! a e , r ! rr "'`'i rr-.54,J....e'S"x^.An i -..s,. 4. .�,+,R'�.. Y;,.c�et? Wiz^".. ,x+s. SECTION III. BACKGROUND INFORMATION The proposed annexation includes one (1) parcel and its adjoining right'of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the,invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters 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, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy'6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: PHELPS ANNEXATION ZCA2008-00002 PAGE 2 OF 10 • • 1. Chapter 18.320.020: Approval Process and Standards. B. 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: 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 Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "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." Water— City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the provider of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops, it may be required to connect to the City stormwater system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located on SW 153`' Avenue, north of SW Bull Mountain Road. SW 153`d Avenue, designated a local street on the TSP, is proposed to be within the City upon annexation. The street currently appears similar to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/developer will be required to construct street improvements to the City's standard if the street is within the City's boundary. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 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 (Updated Version); Goal 11.1,Policy 4 (Updated Version); Goal 11.3,Policy 6(Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 • • 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 April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 153`d.Avenue. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of interested parties organized by geography.. Notice was mailed to interested parties in the West area on May 6, 2008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. • Goal 11.3 (Updated): 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.. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The subject parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available • information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to 12 residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the subject parcel will be more feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop. In conclusion, the City's services have adequate ca�ppacity to serve the subject property if developed to the most intense use allowed; however, development will only be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets,.police, fire protection) if developed to the density permitted,and the proposed annexation will not . significantly reduce the level of services available to developed and undeveloped land within the City of ' Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 • • Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through.such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. • c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined.in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non=updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or"island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the Ci ty boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject arcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue is contiguous to the City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153`d Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory: b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. • c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a) (non-updated version) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets;police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 • TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res.5 units/acre R-4.5 SFR 7,500 sq.ft. Low density 1-5 units/acre R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft_ Med.density 6-12 units/acre • R-9 Res.9 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre • . R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med_density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre • R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial • CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial CID Industrial I-L Light Industrial Light Industrial. • The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the subject parcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to the properties. Chapter 18.320.020 C. 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. 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. As.the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. • • PHELPS ANNEXATION ZCA2008-00002 PAGE 6 OF 10 . • • • City of Tigard Community Development Code 2. Chapter 18.390.060: Type N 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 May 6, 2008, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008,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; 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. Both owners of the subject parcel have 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 153`4 Avenue,which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, public hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153rd Avenue. 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 (May 12, 2008 for an May 27, 2008, 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 • • • (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; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (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, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002, the effective date of the annexation will be 30 days later on June 26,2008. 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. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. . PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 • 11111 • • 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; 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 criteria 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, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed territory if'or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation, but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. • PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 . • • SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. 5/12/2008 • PA' : = 1y Eng DA FE Assistant Planner s67eA.3e4.- " / 5/12/2008 REVIEWED BY: Richard Bewersd. DATE Planning Manar r • • • PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigar , OR 97223 July 2, 2008 11111 T I GAR 4 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 in regard to property recently annexed into the City of Tigard: City File No./Name:ZCA2008-00002/Phelps Annexation ♦ Copy of City of Tigard Ordinance No. 2008-05. ♦ Assessor's Map of the Subject Properties. ♦ Notice to Taxing Districts from the Department of Revenue (DOR 34-1910-2008). ♦ Metro Mapping Fee in the amount of $20.00 (supplemental payment to our previous check #57876 in the amount of$250.00 for 4.12 acres. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 2S108AB,01000 15305 SW 153`d Avenue David S. &Jeanette Phelps PO Box 551 Tualatin, OR 97062 If you have any questions or need further information, please call me at 503-718-2438. Sin erel••y, 'Patty . sfor• Planning Admini rative Specialist c: ZCA2008-00002 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 CITY OF TIGARD, OREGON 5 8 0 21 cyst. , n.T (� Vendor:Metro ` Check Date: 06/27/2008 Vendor No: Met00527 Vendor Acct No: Check Amount: $20.00 Invoice Number Date Description * Invoice Amount re 20.00 Annexation Fee 06/27/2008 -ZCA2008-00002BoVnil�=_;:I'he1ps�:��iYe�E � f ‘A/1,01-41441'21 a6121-4"."1 "..' '57/4°F4S.K 17: i eXed, C..5A b9-461 AW'26 kelt) k O DD t,- A ex'w N ` : • ,. UP 0, U.S. Postal ServiceTM o- CE I= (Do Attn:Patty/Planning .vided) ('..4 Ford: RE: ZCA2008-00002/Phelps Annexation "Notice of Boundary Change" •com0 • qa -- — -- m — — Postage WW1 (‹asn •, Certified Fee *SIM nt`� Opp CI Return Receipt Fee 2 atk y O (Endorsement Required) _ He Restricted Delivery ee I= (Endorsement Required) Oa, la a0 u7 b,41.1. 'o N. 1-4 Total Postage&Fees �o„ £ZZ I: Sent To Linda Martin . j -gtreei,ApT7'ThJ METRO-Data Resource Center N or PO Box No. 1 Boundary Change Office ' City,State,ZIP+4 600 NE Grand Avenue PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY omplete items 1,2,and 3.Also complete e- ' • C item 4 if Restricted Delivery is desired. ,, r / • Agent ' • Print your name and address on the reverse �i Addressee so that we can return the card to you. fReceived by(Printed Name) C. Da:of sel'very • Attach this card to the back of the mailpiece, Gf>ILLpd /I 7 03 Or 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 Linda Martin . METRO-Data Resource Center . Boundary Change Office 3. Service Type 600 NE Grand Avenue Til Certified Mail ❑Express Mail - Pnrrian,t nu 072;U-27.36 _ ❑Registered ❑Return Receipt for Merchandise 1 ❑Insured Mail ❑C.O.D. -1 4. Restricted Delivery?(Extra Fee) ❑Yes. -t 2. Article Number (Transfer from service babe° I 7008 015 0 0000 5 0 3 0 7109: : . PS Form 3811,February 2004 Domestic Return Receipt 1 e25.95-e,2-tn-1540 OR 34-P458-2008 • 0 WV reliminary Review OREGON _ ,:::::e3 DEPARTMENT *41,-OF REVENUE JUN 2 4 2008 Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 C.;`°''C`°112A7D (503) 945-8297, fax 945-8737 City of Tigard . Assistant Planner Attn: Emily Eng 13125 SW Hall Blvd Tigard, OR 97223 Date: 6/19/2008 This letter is to inform you that the map and description for your PLANNED Phelps Annexation in f �` Washington County have been reviewed per your request. They MEET the requirements for use`with'an Order, Ordinance, or Resolution which must be submitted in final form before March 31, 2009�pe�;ORS 308.225. , f ;,`,.., /:,:Px'_ a ':- p•j Ifs r,;±. Jain /'' • 1 ' = •- `' {" r1. 4,,:.: I',i r: ) - .,.., P.,:''''f.1 1 fs,::::,A ;,,,,,,, :1 ,': ' .\ !. . ,. was y �J I. 3 If you have any questions please contact: Robert Ayers 503-945-8883 S OSP National Support/ Investigations verii> +l sores 2400 North Glenville �'RRii� >_ Richardson,TX 75082 MCI Communications Services,Inc. 06/13/2008 JUN 2 3 2008 CITY OF TIGARD CITY Y OF TIGA D Patty Lunsford 13125 S.W. Hall Blvd Tigard, OR 97223 RE: FILE NO. ZCA2008-00002—PHELPS ANNEXATION —SW 153RD AVENUE AND BULL MOUNTAIN ROAD— Tigard,Washington,Oregon MCI ID: 3467-2008 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. t, 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, , hn Bachelder OSP National Support/Investigations (972) 729-6016 .T.Fat-414;0c Ant. i')OR 34-1910-2008 • Notice to Taxing Districts • ORS 308.225 O R E G O N DEPARTMENT IkIOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard JUN 1 1 2008 Des'cr�iption"and Map Approved Assistant Planner 13125 SW Hall Blvd CITY 0 1ri Cf-.7 Tigard, OR 97223 As Pei:ORS 308.225, X Description X Map received from:Patty Lunsford On: 6/4/2008 This is to notify you that your boundary change in Washington County for Annexation to the City of Tigard, Phelps Annexation. Withdrawl from Tigard Water, Enhanced Sheriffs Ord No 2008-05. • has been:. X Approved 6/9/2008 I I Disapproved Notes: • Department of Revenue File Number: 34-1910-2008 Prepared by: Robert Ayers 503-945-8883 Boundary: X Change Proposed Change The change is for: Formation of a new district X Annexation of a territory to a district XI Withdrawal of a territory from a district ❑Dissolution of a district I Transfer Merge Establishment of Tax Zone Taxing District copy-Copies to:County Assessor,Department of Revenue,County Commissioners or County Court/Boundary Commission(If appropriate) City of Tigard, Oregon .• 13125 SW Hall Blvd. • Tigard, OR 97223 II li 410 INI, • .;, , „:„.„,. mss ;,.„, .,„,„0,,,,,,„ „„„,„ ,.,.&,—, s June 5, 2008 TIGA'RD; Robert Ayers Department of Revenue Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309 RE: Request for Approval of Legal Description and Exhibits for Proposed Annexation (ZCA2008-00002). Dear Robert: Enclosed, please find the legal descriptions and maps for the proposed Phelps Annexation located at 15305 SW 153`d Avenue; Washington County Tax Map ID 2S108AB1000. The annexation includes one parcel and adjoining right-of-way. Exhibit "A" is a legal description for the parcel. Exhibit `B" is a legal description for the right-of-way. Exhibit "C" is a tax map with the entire annexation area outlined in RED. Exhibit "D" is a survey of the proposed right-of-way. Exhibit "A" has been corrected to reflect the changes in letter 34-P458-2008 (see attachment). Please review this description and let me know if it is approved. I appreciate your time. If you have any questions, please feel free to contact me at (503) 718-2712 or Emilyatigard-or.gov. Sincerely, ,- 416 -411011- Emily Eng Assistant Planner Enclosures: Legal descriptions (Exhibits A&B);Tax Map (Exhibit C);Survey Map(Exhibit D). Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • City of Tigard, Oregon O 13125 SW Hall Blvd. • Tigarc R 97223 q June 4, 2008 TIGARD 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: ZCA2008-00002/Phelps Annexation Ordinance Effective Date:June 26, 2008 ♦ City Council ordinance approving the annexation (Ordinance No. 2008-05). ♦ Legal description and map of the subject properties. ♦ Detailed parcel information of the subject properties shown below. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 2S108AB,01000 15305 SW 153rd Avenue David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 If you have any questions or need further information,please call EmilyEng or me at 503-639-4171. Sincer y,/ attyL (J. ire Planning Admimstft. pecialist Enclosures c: ZCA2008-00002 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 ' CLEAN WATISERVICES 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 PAQFIC TRANS.CO. . DEPARTMENT OF ASSESSMENT&TAXATION CLIFFORD CABE,CONSTRUCTION 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 COORD. 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.GGGA (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: 3-Apr-08 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 Hittner 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 MQ 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 Ann:Martin Pfister 7227 NE 55th Avenue 11111 Sunset Hlls Road Portland,OR 97218 Reston,VA 20190 Bio-Med of Oregon Medical Waste Level PO Box 1 Attn: Russell Richardson Corvallis, 1025 Eldorad Blvd. s,OR 97339 Broomfield,CO 80021 Electric Lightwave, LLC Metro Media Fiber Network Attn:Daniel Norfleet Attn: Dennis Codlin 1201 NE Lloyd Blvd.,Suite 500 360 Hamilton Avenue Portland,OR 97232-1259 White Plains,NY 10601 Verizon McLeod Ann: Richard Masching Attn: Michelle McLaughlin PO Box 152270 SVIE5002 One Marthas Way Irving,TX 75015 Hiawatha,IA 52233-2402 Verizon COMCAST Ann: David Mielke,State Regulatory Marita Ghobrial—Comcast 6001-Iidden Ridge:MG HQE02E70 9605 SW Nimbus Avenue Irving,TX 75038 Beaverton,OR 97008 Northwest Natural Gas Customer Billing Services New Access Communications Attn: Annexation Coordinator 60 S.6th Street,Suite 2535 220 NW 2nd Avenue Minneapolis,MN 55402-4406 Portland,OR 97209 Qwest Corporation IDT Corporation Attn: Pat Prouse,Address Management Ctr. c/o Tax Partners LLC 1600 7th Avenue,Rm. 1206 3100 Cumberland Blvd,Ste 900 Seattle,WA 98191 Atlanta,GA 30339 • • OnFiber Communications AT&T Attn:Jim Tipton Attn:Theresa Pisciotti 6300 S.Syracuse Way,Suite 350 One AT&T Way,Rm.3A118A Centennial,CO 80111 Bedminster,NJ 07921 Eschelon Telecom,Inc. Comcast IP Phone II,LLC Attn:Kim Pierson do Tax Partners LLC 463 Aviation Blvd.,Suite 120 3100 Cumberland Blvd.,Suite 900 Santa Rosa,CA 95403 Atlanta,GA 30339 Sprint Communications Company Working Assets do Tax Partners LLC 101 Market Street,Suite 700 3100 Cumberland Blvd.,Suite 900 San Francisco,CA 94105 Atlanta,GA 30339 X5 PDX,LLC Attn:Barbara Meyer,Controller 1520 4th Avenue,Suite 500 Seattle,WA 98101 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:\cutpin\setup\labels\annexation_utilities and franchises.doc (pg.2 of 2) UPDATED: 28-Apr-08 • 0 U.S. Postal Service TM CERTIFIED MAIL,. RECEIPT Ln (Domestic M- ' .- • • - - - - - - -- Provided) • p- Attn: Patty/Planning For delivery in Re: ZCA2008-00002/Phelps •s.com® 1-9 e , tt "Notice of Annexation" a Postage $ ' 1 .17 ;x: ;K, .,r o Certified Fee 2.70 .,.4-,/ .. O Return Receipt Fee O (Endorsement Required) 2.2 0 - O Restricted Delivery Fee ci (Endorsement Required) P-- Total Postage&Fees $ 6.07 ci Sent To CI , AT&T O Street,Apt.No.; i - tti or PO Box No. , Attn:Theresa Pisciotti CIty,State,ZIP+4 One AT&T Way,Rm.3A118A Bedminster,NJ 07921 _ PS Form 3800.Augus ... ee.-everse or nstructions t . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature ❑Agent I i item 4 if Restricted Delivery is desired. _ • Print your name and address on the reverse 1. „/ ❑Addressee t so that we can return the card to you. F—O�/ a i • Attach this card to the back of the mailpiece, (P' to ame) C. �at�.f.•'very 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 AT&T ' Attn:Theresa Pisciotti i One AT&T Way,Rm.3A118A 3. Service Type Bedminster, 07921 Express Mail NJ {Certified Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article rfrom Number service Labe (Traansfer from 7007 07.10 0000 1305 1954 ( l) PS Form 3811,February 2004 Domestic Return Receipt to25s5-o2-rot-15401 • Y U.S. Postal Service 1t.1 CERTIFIED MAILTM RECEIPT m (Domestic . A- - - - - Provided) r0Attn: Patty/Planning `A. For delivery i Re: ZCA2008-00002/Phelps ps.comz. "Notice of Annexation" i O m 1 .17 -< D Postage &—", z� - 1... 2.70 / i. Certified Fee i" �/y Return Receipt Fee '2.2 0 n. r Rana* �` O (Endorsement Required) Here Restricted Delivery Fee qt r p (Endorsement Required) 4 _ Total Postage&Fees $ 6.07' I= co O Cl Bio-Med of Oregon Medical Waste Cl -Three.API.V0.; ' N orPO Box No. PO Box 1 ., CNy,State,Z1P+4 . Corvallis,OR 97339 PS Form 3800.August 2006 See Reverse tor 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 I.itf Agent 1 • Print your name and address on the reverse �. 1 ❑Addressee t so that we can return the card to you. B. Received nn Name) C. Date of Delivery • Attach this card to the back of the mailpiece, MOW 6/y a d or on the front if space permits. O 111 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No r Bio-Med of Oregon Medical Waste { ' PO Box 1 Corvallis,OR 97339 3. Service Type j4 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise f ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. (Transfer from 7008 0150 0000 5030 6843 (Transfer lrom service label) PS Form 3811,February 2004 Domestic Return Receipt-• 102595-02-M-1540 • • Y U.S. Postal Service,, o CERTIFIED MAIL,. RECEIPT ca (Domestic M • - - •rovided) IT' Attn: Patty/Planning �p For delivery i Re: ZCA2008-00002/Phelps ps.como Q "Notice of Annexation" m —Postage $ ; 1 .17 ,_ in O Certified Fee i 2.70 / �/� d (Endorsement Required) 2.2 0 Postmark"�J�i) 0 Return Receipt Fee v "4 .'". Aim, Restricted Delivery Fee "" � ' p (Endorsement Required) O Total Postage&Fees $ ' 6.07 ,�' G�� 1 co Sent To -"-- D CLEAN WATER SERVICES 0 'etrreet,Apt Vo.; DEVELOPMENT SERVICES DEPT. ..... Iti or PO Box No. I DAVID SCI-IWEITZER/SWMPROGRAM City,State,ZIP+4 2550 SW HILLSBORO HIGHWAY ----• HILLSBORO,OR 97123 PS Form 3800.August n. 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 • Print your name and address on the reverse / ❑Addressee Attach ach this can return the card to you. - ���te of Deliver)/ ■ Attach this card to the back of the mailpiece, . or on the front if space permits. /f✓�_. L D. Is delive address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No - - - i CLEAN WATER SERVICES DEVELOPMENT SERVICES DEPT. ■ DAVID SC HWEITZER/SWM PROGRAM I 2550 SW HILLSBORO HIGHWAY 3. Service Type bit HILLSBORO,OR 97123 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 label) ' 7008 015 0 0000 5 0 3 0 6980 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I • U.S. Postal Service,. CERTIFIED MAIL,., RECEIPT O (Domestic Mail - - - .vided) P.- Attn: Patty/Planning ..D For delivery infor Re: ZCA2008-00002/Phelps coma O 411 I "Notice of Annexation" rn c3 Postage $; 1 .17, '> ',A,-- -1 0 Certified Fee 2.70 A Return Receipt Fee s P (Endorsement Required) 2.2 0 ,Here ' Restricted Delivery Fee I -' p (Endorsement Required) a ' H-L,, r", Total Postage&Fees $, 6.07' - Sent To , O ■ COMCAST O Street,Apt No.; N or PO Box No. Marna Ghobrial—Comcast ----. City,State,ZIP+4 9605 SW Nunbus Avenue •--- Beaverton,OR 97008 fflR 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 l�%� �C. Addressee j so that we can return the card to you. 43. Received by(Printed Name) C.Date of Delivery I • Attach this card to the back of the mailplece, C/ 61 CP •5-;O V- 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 COMCAST Marita Ghobrial—Comcast 3. Service Type 1 9605 SW Nimbus Avenue jg Certified Mail ❑Express Mail Beaverton,OR 97008 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 0150 0000 503..0. 6706 (Transfer from service latrel) PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02=M-154o • • U.S. Postal Service., CERTIFIED MAILTM RECEIPT D (Domestic ' •i . . . . . • - - -•e Provided) D D For delive Attn: Patty/Planning .us s.com f` Re: ZCA2008-00002/Phelps D "Notice of Annexation" m Om Postage $ 1 .17 ,. D Certified Fee 2.70 G D0 Return Receipt Fee (,'Postmark � y (Endorsement Required) 2.20 ,He rrip do:•. D Restricted Delivery Fee j D (Endorsement Required) I ` � " ,/� u, rR Total Postage&Fees $ 6.07 �✓ D Sent To _ . _ D °Seieet Apt'No.; COMCAST CABLE CORPORATION or PO Box No. ALEX SILANTIEV I� Lily,State,ZIP+4 9605 SW NIMBUS AVENUE,BLDG.12 BEAVERTON OR 97008 PS Form 3800.August I I• cc•evcrse or nstructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • • Complete.items 1,2,and 3.Also complete A. Signat 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. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, &_s v 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 COMCAST CABLE CORPORATION ALEX SILAN IEV 9605 SW NIMBUS AVENUE,BLDG.12 3. Service Type BEAVERTON OR 97008 O'Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise tt ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7008 0150 0000 5030 7000 (Transfer from service labe0 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-154o - I S U.S. Postal Service,, CERTIFIED MAIL,r., RECEIPT R' (Domestic , - - - - Provided) tT' Ann: Patty/Planning rp For delivery Re: ZCA2008-00002/Phelps sps-coma 1. "Notice of Annexation" o 1 .17- _ Postage Certified Fee 2.70 Return Receipt Fee .2 0 Postmark/ (Endorsement Required) ,12 Here Restricted Delivery Fee Ii (Endorsement Required) rR Total Postage 8 Fees 16.07 Sent To COMCAST CABLE CORPORATION N °S`hiae$ox No. GERALD BACKHAUS 1`- orPO Box I o. City,State,ZIP+4 14200 SW BRIGADOON COURT BEAVERTON OR 97005 PS Form 3800,August 2006 See Reverse or ns ructions • 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) t of Delivery • Attach this card to the back of the mailpiece, JU Z008 or on the front if space permits. 1. Article Addressed to: D. Is•elivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No COMCAST CABLE CORPORATION GERALD BACKHAUS 3. Service Type 14200 SW BRIGADOON COURT )(Certified Mail ❑Express Mall BEAVERTON OR 97005 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 0150 0000 5030 6997 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I • U.S. Postal Service B., CERTIFIED MAILTM RECEIPT fi .n (Domestic Mail Only;N. . -• - - • -- - • ,) rr For delivery informatio Attn: Patty/Planning Ln Re: ZCA2008-00002/Phelps "Notice of Annexation" 0 _av M Postage $ r 1 .17 s3, 1-j,,). i 0 Certified Fee ,2.70 ` C3 (Endor tse entt Required) 2.2 0 P HHer er Restricted Delivery Fee 0 (Endorsement Required) 'r';--y ra N Total Postage&Fees $ '6.07 0 f.„ Sent To -- o Comcast IP Phone II,LLC 0 r aPr.N c/o Tax Partners LLC r... o or PO PO Box No.. miry,state,ziP+4 ; 3100 Cumberland Blvd.,Suite 900 - Atlanta,GA 30339 PS Form 3800,August 201. See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. ®Agent l • Print your name and address on the reverse r �� �f�' j ,i. ❑Addressee I so that we can return the card to you. B. Received by(Pri T'.'''-1= �; :� �; o,f Delivery I • Attach this card to the back of the mailpiece, L ;�` or on the front if space permits. ' 1 i. tki� ; 1 / /. i. 4�IE� S D. Is delivery add I t 14 1 1. Article Addressed to If YES,enter d: . dies t t ir, • I, A„ -, l ,• l� t• Comcast IP Phone II,LLC 1 do Tax Partners LLC ' ' 3100 Cumberland Blvd.,Suite 900 3. Service Type (,)Certified Mail ❑Express Mail Atlanta,GA 30339 ❑Registered ❑Return Receipt for Merchandise I t ❑Insured Mall ❑C.O.D. 1. i 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number 7007 0710 0000 1305 1961 (Transfer from service Iabe0 I :4 PS Form 3811,February 2004 Domestic Return Receipt iQ2595-O?*154!j I 1 S 0 U.S. Postal Service,. CERTIFIED MAIL,, RECEIPT • ovided) D-• (Domestic Ma Attn: Patty/Planning rs- • For delivery inf. Re: ZCA2008-00002/Phelps ..Comm "Notice of Annexation" O g- a m Il Postage $. ' 1 .17 ��- I Certified Fee ' CI 2.70 �P1catmark . � , O Return Receipt Fee i- �`Nere *' . O (Endorsement Required) 2.2 0 • ' \� Y r Restricted Delivery Fee i ' p (Endorsement Required) N-a„v �,c,fi' Total Postage&Fees $ 16 07 - • ' rm o 1 Cypress Communications Q Virg i1pETTo.: YP E.... orPOBoxNo. I do Tax Partners LLC city,state,zIP+4 ' 3100 Cumberland Blvd,Ste 900 r Atlanta,GA 30339 ' - • • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature 4 item 4 if Restricted Delivery is desired. - �1D •C___ ■ Agent • Print your name and address on the reverse X _ ______'- "�+P,� `ll�:•.� _ ddressee so that we can return the card to you. B. Received.•y(Print • C. DN-: , Delivery • Attach this card to the back of the mailpiece, .. i or on the front if space permits. I,f,: 1. Article Addressed to: D. Is delivery address• nt from item 1? FA V'S If YES,enter delive ,;.:'-ss below: ! ,lo 9�MAG • Cypress Communications 4 ' c/o Tax Partners LLC • 3100 Cumberland Blvd,Ste 900 3. Service Type r Atlanta,GA 30339 N Certified Mail `. ❑Express Mail I ❑Registered ❑Return Receipt for Merchandise I ❑Insured Mail _0 C.O.D. .-.... I , 4. Restricted Delivery?(E_xtra Fee) 0 Yes 2. Article Number (Transfer from service fabei) 1 7008 0150 0000 5030 6799 iPS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I • 0 U.S. Postal Service rr., CERTIFIED MAIL, RECEIPT m (Domestic Ma' --- • ovided) Attn: Patty/Planning cp For delivery inf. Re: ZCA2008-00002/Phelps .come CI FL____. "Notice of Annexation" MI ,, i Poste $ ' 1 .17 -/ Li C:I, .,y;; Jilli ;z3, O Certified Fee 2.70. r ?a /I '1 Uj O Return Receipt Fee ,,,Here kj Q (Endorsement Required) 2,2 0 �; 1,,,Here ff r Restricted Delivery Fee p (Endorsement Required) do 'Ec in raTotal Postage&Fees $1 6.0 7 co Sent To CI ' Electric Lightwave, LLC IC) Strmet,'rDL o'P Attn:Daniel Norfleet N or PO Box No. State ZIP«4 1201 NE Lloyd Blvd.,Suite 500 •----� Portland,OR 97232-1259 PS Form 3800.Augus •s. See Reverse for instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i • Complete.items 1,2,and 3.Also complete A. Sign ure item 4 if Restricted Delivery is desired. X �/ A7 Age la Print your name and address on the reverse v 0 Addr so that we can return the card to you. B eceiv by(Printed Name), C. Date of De • Attach this card to the back of the mailpiece, .. i1C _/_ C�c yg or on the front if space permits. rbC D. Is delivery address different from item 1? 0 Yes • 1. Article Addressed to: If YES,enter delivery address below: 0 No - __ Electric Lightwave, LLC Ann:Daniel Norfleet 1201 NE Lloyd Blvd.,Suite 500 3. Service Type �d Certified Mail 0 Express Mail Portland OR 97232-1259 a _ ' _ _ Registered ❑Return Receipt for Merchandi:, 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service Labe° 7008 0150 0000 5030 6836 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1. • • • U.S. Postal Serviceu:, CERTIFIED MAIL. RECEIPT Ln (Dome - rage Provided) U- Attn: Pa /Plannin Q" For deli Re: ZCAA2008-00002/Phelps .usps.como rl C "Notice of Annexation" 1= $ 1 •17 rI O Certified Fee 2.7 0 ,- - - ' ,Postmark ' cs•, D (Endorse e t Required) 2.20 ;,'He t- , ,j Restrictry e (Endorseed ment Delive RequiredFe) r- Total Postage&Fees $ 6.07 . - f Sent To P- ____, ! Eschelon Telecom,Inc. C3 s`rreer,apt.No.; ' Atm:Kim Pierson '""" or PO Box No. City,State,ZIP+4 ' 463 Aviation Blvd.,Suite 120 ....., Santa Rosa,CA 95403 PS Form 3800.August it - Sc c Reverse fog Ir muctioss SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item ure item 4 if Restricted Delivery is desired. T " ' ' " ❑Agent • Print your name and address on the reverse 1i ❑Addressee so that we can return the card to you. • B. Received by(Printed Name) C. ate f Delivery • Attach this card to the back of the mailpiece, �`'�-e��' 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 Eschelon Telecom,Inc. Attn:Kim Pierson Service Type 463 Aviation Blvd.,Suite 120 3. Certified Mail ❑Express Mail 1 tf Santa Rosa,CA 95403 Registered ❑Return Receipt for Merchandise , I - ❑Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes i k 2. Article Number I' (transfer from service Labe° 7007 0 710 0000 13 0 5 1985 : PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154O 0 • U.S. Postal Service TM CERTIFIED MAILTM RECEIPT O (Domestic - - - - • - • - -•e Provided) ilti Attn: Patty/Planning -13. For delive Re: ZCA2008-00002/Phelps usps.comn ) "Notice of Annexation" J O a _ m Postage $ 1 .171. Li, › .__Se ,I O Certified Fee 12.70 `. 4 ,. '' C7 Return Receipt Fee I n Posbna • O 2(Endorsement Required) 2.20 Here • ; O ,, Restricted Delivery Fee , O (Endorsement Required) 1 ,-a Total Postage&Fees $ 1 6.kJ O Sent To — CI '3beer,Apt.No.; I IDT Corporation ----. P_ or PD Box No. 1 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. X - _dr.,,,:IANDC &Agent I • Print your name and address on the reverse ♦ - 4&'t;�� '•• ❑Addressee; so that we can return the card to you. B- eceive by(P a to of Delivery • Attach this card to the back of the mailpiece, •7�6 u► `� ` or on the front if space permits. , D. Is delivery add •r •ifferent low r--•1 Yes 1. Article Addressed to: If YES,enter de .. address be • No I, - - — - 3030 I. IDT Corporation I, c/o Tax Partners LLC 3100 Cumberland Blvd,Ste 900 3. Service Type r Atlanta,GA 30339 Cert�ed Mail 0 Express Mail I . ❑Registered ❑Return Receipt for Merchandise � ❑Insured Mail ❑C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article from 7008 0150 0000 5030 6720 I (Transfer service IabeQ I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 • • • U.S. Postal Service,., M1 CERTIFIED MAIL. RECEIPT m (Domestic - - -- - • - -•- Provided) M1 , Attn: Patty/Planning .A For delivery i Re: ZCA2008-00002/Phelps -ps.com0 O "Notice of Annexation" m Postage $ ! 1 .17 Lr7 ' ar(.2,? Certified Fee :2./.0 0 Return Receipt Fee 2.2 0— Post'mark- Q (Endorsement Required) •Here Restricted Delivery Fee I p (Endorsement Required) O� Total Postage&Fees $ , 6.07 7 -win,. - im , Level3 • Sneer ox No.. Ann: Russell Richardson N or PO Box cm,State,ZIP+4 1025 Eldorad Blvd. •. Broomfield,CO 80021 PS Form 3800.August 2006 See Reverse for Instructions I- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Si.n.t. Si • Complete items 1,2,and 3.Also complete A. - �Agent item 4 if Restricted Delivery is desired. i� ' '4` ' ❑Addressee 1 • Print your name and address on the reverse X '1, —-- /_ar !r so that we can return the card to you. B. Received by(Printed N. e) C.Date of Delivery • Attach this card to the back of the mailpiece, , a.-0—8g ( 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 -: Level 3 Attn: Russell Richardson 1025 Eldorad Blvd. 3. Service Type Broomfield,CO 80021 ZCertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise j ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 0150 0000 5030 6737 ° (transfer from service labeq I 4 . - PS Form 3811,February 2004 Domestic Return Receipt to2ss5 o2-wi teao • 1111, • • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT N (Domestic M " - - •rovided) NAttn: Patty/Planning .0 For delivery in Re: ZCA2008-00002/Phelps 1.s.come D • F , ' Notice of Annexation m ° Postag 11 7 I . Certified F�'2 . -,. h r " D 7 0 ` to Return . ‘.:\ ostmarks D (Endorrsemt Requi . :Hciie 1.' D Restricted Delivery Fee 2'--0- D (Endorsement Required) L1 "", rl Total Postage&Fees,6.07 D Sent To DD -urger/W ; MCI Woddcom ...... N. or PO Box No. OSP National Support/Investigations City,State,ZIP+4 2400 N.Glenville Dr.,Dept.42864 Loc 107 _.__ Richardson,TX 75082-4354 PS Form 3800,Augus .-- See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■,Complete items 1,2,and 3.Also complete A. Signature I em 4 if Restricted Delivery is desired. X ❑Agent 1 I :/'•rint your name and address on the reverse — ❑Addressee I so that we can return the card to you. Received by(Printe-1 ame) C. Date of Delivery • Attach this card to the back of the mailpiece, [ or on the front if space permits. j D. Is delivery address different from item 1? ❑Yes I 1. Article Addressed to: If YES,enter delivery address below: ❑No I (� -- - MCI Worldcom • OSP National Support/Investigations 3. Service Type 2400 N.Glenville Dr.,Dept.42864 Loc 107 Certified Mail ❑Express Mail Richardson,TX 75082-4354 ❑Registered ❑Return Receipt for Merchandise l y _ ❑Insured Mail ❑C.O.D. l 4. Restricted Delivery?(Extra Fee) ❑Yes j 2. (Transfer from 7008 0150 0000 5030 6775 (Transfer from service label) I PS Form 3811,February 2004 Domestic Return Receipt 1o2595-o2-M-1540 • 0 • U.S. Postal Service,. CERTIFIED MAILTSI RECEIPT ,u-I (Domestic Mail ^ - •vided) Attn: Patty/Planning �p For delivery infon Re: ZCA2008-00002/Phelps omn i O F i "Notice of Annexation" i u, Postage $ ( 1 .17 .;;,,a ci Certified Fee 12.70 ,- O .-Postmark`Fee 1 • (Endorse e t eq ired) 2.2 0 Here . Restricted Delivery Fee - p (Endorsement Required) .- u'1 �,.n Total Postage&Fees $ 1 6.07 ,. Sent To - — o 1 McLeod O Street,Apt.Mr.; ----• IN- or PO Box No. Attn: Michelle McLaughlin City,State,ZIP+4 One Marthas Way ..... Hiawatha,IA 52233-2402 PS Form 3800.August i i. See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature r item 4 if Restricted Delivery is desired. / ❑Agent I • Print your name and address on the reverse ii IJI' .•: ❑Addressee I so that we can return the card to you. B. Received by(Pri :•Name) C. sat=of Delivery I • Attach this card to the back of the mailpiece, '"1 l 0-nd Webe C , ,o a, or on the front if space permits. Ail D. Is delivery address different from item 1 • Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No • McLeod I 1, Attn: Michelle McLaughlin One Marthas Way 3. Service Type ' Hiawatha,IA 52233-2402 XCertified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. - 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number r 7008 0150 0000 5030 6751 (Transfer from service label) ■ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o� . • • U.S. Postal Service,. CERTIFIED MAIL., RECEIPT 1 in (Domesti -- -- - • .ge Provided) O Attn: Patty/Planning ZCA2008 00002/Phelps r- For delive Re: usps.comm "Notice of Annexation" S CI Postage $ , 1. 17 Lr1 r, A. Certified Fee 2.70 �1`.•-,, O Return Receipt Fee Postmark,, Q (Endorsement Required) 12,2 O �' Here Restricted Delivery Fee .,■' 0 (Endorsement Required) ,v% `�; Total Postage&Fees $!6.07 i co . Sent To METRO AREA COMMUNICATIONS Np '3t e3 or PO BfNT; TWIN OAKS TECH H CENTER DEBRAPALMER 'city,State,ZIP+4 1815 NW 169TH PL,S-6020 BEAVERTON OR 97006-4886 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. 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. Recej ,y(Printed Name)« C. Date of elive • Attach this card to the back of the mailpiece, ry g� or on the front if space permits. _■ c.4 4 /a D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: It YES,enter delivery address below: ❑No j METRO AREA COMMUNICATIONS �,� DEBRA PALMER f TWIN OAKS TECH CENTER 3. Service Type ', 1815 NW 169Th PL,S-6020 Vat Certified Mail ❑Express Mail BEAVERTON OR 97006-4886 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - - - --_ (Transfer from mber ice label 7008 015 0 0000 5 0 3 0 - 7 0 5 5 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i • • • U.S. Postal Service. CERTIFIED MAILTh1 RECEIPT M1 - - -'e Provided) (Domestic An Patty/Planning Patty/Planing ..D For delive Re: ZCA2008-00002/Phelps usps.com0 O "Notice of Annexation" A m Postage $ 1 . 17 `,°x _ J L n ° Certified Fee 1 2.70, ''• .4 _ - ; �, 1 0 Return Receipt Fee 20 Postmark ° (Endorsement Required) 2. - Here ', Restricted Delivery Fee j ry ° (Endorsement Required) El Total Postage&Fees $:'6 .0 7 ▪ 317,—Flt o , Metro Media Fiber Network ° , Attn: Dennis Codlin ° '3`treet,Apt No.; '° 1 r■- or PO Box No. Hamilton Avenue My,ware,zrPfa , White Plains,NY 10601 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.,Sig at - item 4 if Restricted Delivery is desired. / , ❑Agent • Print Y our name and address on the reverse _4/„/,/ , ❑Addressee so that we can return the card to.you. B Received by(Printed Name) C. D5o D-;ery 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? v■ Yes 1. Article Addressed to: If YES,enter delivery address below: a No - l Metro Media Fiber Network ( Attn: Dennis Codlin ) 360 Hamilton Avenue 3. Service Type i White Plains,NY 10601 Dg Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured.Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes l I 2. Article Number 7008 0150 0000 5030 6744 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o • • U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Onl � Attn: Patty/Planning edJ � ..0 For delivery informati Re: Z"Notice of Annexation""Notice of Annexation" m -- - — — O Postage $ , � SASY` Certified Fee ' 1 .1 7 <::'r. .u% CI O (Endorse (Endorsement Required) 2.70 Postmark ;� Restricted Delivery Fee ;. p (Endorsement Required) 2.2 0 + trl v ,-4 Total Postage&Fees $ 1= Sent To I 6.07--- - oStreet,Apt.No.; Metropolitan Fiber Systems (MFS) ..... N or PO Box No. ' 2400 N Glenville Dr. City State, Richardson,TX 75082 r PS Form 3800.August n. See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • i • Complete items 1,2,and 3.Also complete A. Sign- re 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(Printe•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 • , Metropolitan Fiber Systems (MFS) i 2400 N Glenville Dr. 3. Service Type Richardson,TX 75082 it Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article Number _ I I 7008 0150 0000 5030 6768 (Transfer from servicelabe9 l ?: PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-15401 i • • U.S. Postal Service,., CERTIFIED MAILTM RECEIPT '-1 (Domes - - age Provided) `a Attn: Patty/Planning For deliv,Re: ZCA2008-00002/Phelps .usps.com, "Notice of Annexation" - - - - - S E m O Postage $ i 1 .17' Certified Fee ; r � O i 2.70 I/. >} p�I 0 Return Receipt Fee .2 0 ; S f Mere I t (Endorsement Required) 2 L i Restricted Delivery Fee :P,'i! O (Endorsement Required) u'I v . r-9 Total Postage&Fees $ 6,0� � O `O 3rnr?o Miller's Sanitary Service O O -SFieet,Ap£No.; Attn: Dean Kampfer or P0 Box No ! 7227 NE 55th Avenue oily,State,Z1P+4 Portland,OR 97218 .' 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 I • item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X s )a.,,/, ❑Addressee so that we can return the card to you. g, Rer•• • Printed Name) . Date of Delivery • Attach this card to the back of the mallpiece, /� or on the front if space permits. i'' „ D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No V - - -- Miller's Sanitary Set-vice Attn: Dean Kampfer , 7227 NE 55th Avenue 3. Service Type Portland,OR 97218 M Certified Mall ❑Express Mail -- - _ _ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number -^ - — I (Transfer from service labeq 7008 015 0 0000 5 0 3 0 6881 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ` . • • U.S. Postal Service,., CERTIFIED MAILTM RECEIPT ni ,.. (Domestic Mai - - ---- - - • ovided) N Attn: Patty/Planning -D For delivery inf. Re: ZCA2008-00002/Phelps .comt O "Notice of Annexation" 0 Postage $ 1 1 .1 / : `6F, `} t V7 A /- "y, Certified Fee 2.70.7 0 ,' ,' e l ''�Postmirk I= (Endorsement Required) 1 2.20 Here Restricted Delivery Fee ` -- '' ED (Endorsement Required) ` .,- / Total Postage&Fees $ ! 6.0 I -gam CI &reef,Apt.No.; ' New Access Communications r- or PO Box No. 60 S.6th Street,Suite 2535 _ My,score'SIP+4 Minneapolis,MN 55402-4406 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. ;j ure ' item 4 if Restricted Delivery is desired. i�_ ' n Agent ■ Print your name and address on the reverse X �itg ilt+i>1LI, . .R f.- ❑Addressee( so that we can return the card to-you. R.,g12_,v (bey(Printed Name), a C. to f livery • Attach this card to the back of the mailpiece, ( r UY t G(.u�`�,1 or on the front if space permits. D. Is delivery address different from item 1 YYYkkksss 1. Article Addressed to: If YES,enter delivery address below: ❑No 4 - - -- New Access Communications I. ',, 60 S.6th Street,Suite 2535 3. Service Type Minneapolis,MN 55402-4406 *Certified Mall 0 Express Mail I - - ❑Registered ❑Return Receipt for Merchandise I il ❑Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) 0 yes I I 2. Article Number r 7008 0150 0000 5030 6713 (transfer from service Label) PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02-M-15401 • • U.S. Postal Service,. CERTIFIED MAIL.,, RECEIPT .v1 (Domestic M.• ' - - - --- - - -- -rovided) O Attn: Patty/Planning `a For delivery inf Re: ZCA2008-00002/Phelps s.com0 :Notice of Annexation m Ul Postage $ ; 1. 17 Certified Fee 2. 7 1 ��n O' *�_ Postmark O (Endorsement Receipt 1= l' Here Restricted Delivery Fee / I= (Endorsement Required) Total Postage&Fees $ 16.0 7 sent To ! Northwest Natural Gas O '3treer Apr TTo Customer Billing Services or PO Box Na Attn: Annexation Coordinator City;state,zip 220 NW 2nd Avenue Portland OR 97209 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 nature 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. B. Received by tinted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, 1 ,� �� or on the front if space permits. 1 l"AA D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Northwest Natural Gas Customer Billing Services Attn: Annexation Coordinator 3. Service Type 220 NW 2nd Avenue tOCCertified Mail ❑Express Mail \- _Portland.OR 97209 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 0150 0000 5030 6805 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 1o2595-o2-M-1540 _ • • U.S. Postal Service,. CERTIFIED MAILrsr RECEIPT 43 (Domest - - • - age Provided) I=' Cl Ann: Patty/Planning For deiiv: Re: ZCA2008-00002/Phelps .usps.comr) tti "Notice of Annexation" CI 0 t1 a -a -- i U S E m �, 1 .17 CI Postage $ /gL,.' Certified Fee 1 2.7 0 \ ED ° Postmark Return Receipt Fee 12.20 ' !t z O (Endorsement Required) R O N q /let Restricted Delivery Fee ' , CO (Endorsement Required) I -sue, y , iJ, fw+v+Ji;;-. r'a O Total Postage&Fees $ 6.0 7, ent o o NORTHWEST NATURAL GAS in street,Apt.No.: SCOTT PALMER,ENG.COORD. N or PO Box No I 220 NW 2ND AVENUE ---•-. City,State,ZIP+4 PORTLAND OR 97209-3991 PS Form 3800.August 2006 Sec Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S ature item 4 if Restricted Delivery is desired. 11„• ❑Agent • Print your name and address on the reverse C ❑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. LAJ '-- ��U ENEumIs D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No . c- — NORTHWEST NATURAL GAS scan'PALMER,ENG. COORD. • I 220 NW 2ND AVENUE 3. Service Type j Certified Mail ❑Express Mail PORTLAND OR 97209-3991 __ 0 Registered 0 Return Receipt for Merchandise ❑Insured Mil ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 0150 0000 5030 7048 (Transfer from service label) I PS Form 3811,February 2004 Domestic Return Receipt • 102595-02-M-154o 1 • • U.S. Postal Service,,,, o CERTIFIED MAIL RECEIPT n-. (Domestic Provided) Attn: Patty/Planning O For delivery Re: ZCA2008-00002/Phelps sps.comn CD 0 L_ "Notice of Annexation" + 1 Postage $ 1 .17 _- Mt CertMied Fee 12.7 O -Zr , U , Return Receipt Fee "'s Postmaiti',' Vii'' C] (Endorsement Required) 12,20 `;,: Here? -,. O .,.7 Restricted Delivery Fee I O (Endorsement Required) �' , K—>1—n, Cl Total Postage&Fees 6.07 1:13 Sent To t o OnFiber Communications ti p 'oSa e r PO ei,BAx f N ; Attn:Jun' Tipton -..• Gay,state,zIP+4 6300 S.Syracuse Way,Suite 350 ..... Centennial,CO 80111 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. Signs Air I item•4 if Restricted Delivery is desired. 0 Agent X � ■ Print your name and address on the reverse A - 0 Addressee t 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? 0 Yes 4 1. Article Addressed to: If YES,enter delivery address below: 0 No ' t C.nFiber Communications Attu:ji::i Tipton 6300 S.Syracuse Way,Suite 350 3. Service Type l Centennial,CO 80111 filiCertified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 1 0 Insured Mall 0 C.O.D. I 4. Restricted Delivery?(Extra Fee) 0 Yes I, - • - -- -- ■ 2. Article Number 7008 0150 0000 5030 6690 I ); (Transfer from service label) , PS Form 3811,February 2004 Domestic Return Receipt 1o2595-o2-M-1540 I • • • U.S. Postal Service Tr, CERTIFIED MAIL,, RECEIPT O (Domestic • - •e Provided) 17- Attn: Patty/Planning .0 For delive Re: ZCA2008-00002/Phelps usps.comc "Notice of Annexation" (1 tE _- - ' 1 .17-- *9 x' fiedFee $ i 2.70 '' Dm (Endorsement Required) 1 2.20 F Postmark Restricted Delivery Fee p (Endorsement Required) V7 � Total Postage&Fees $ 6.0 7 Sent To o ; Portland General Electric o 'o`ireOBox No.;-• Ann: Eleanor Hittner N or PO Box No. My,State,ZIP+4 121 SW Salmon Street,1WTOJ501 Portland,OR 97204 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 ;' re item 4 if Restricted Delivery is desired. , Agent • Print your name and address on the reverse I ❑Addressee so that we can return the card to you. B.B. - , slued b 4474 Ill C Datr • DQlwery • Attach this card to the back of the mail piece, V�� „ BUY or on the front if space permits. • D. Is delivery add- -different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Portland General Electric j Attn: Eleanor Hittner I 121 SW Salmon Street, 1WTOJ501 3. Service Type Portland,OR 97204 )g 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 laben T . 7008 0150 0000 5030 6904 ! PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • I U.S. Postal ServiceTrn CERTIFIED MAILTM RECEIPT fi .n (Domes • • • - age Provided) 0 Attn: Patty/Planning M1 For deliv Re: ZCA2008-00002/Phelps •usps.com0 "Notice of Annexation" m Poste $ $ 1 .17--- ,��-.r u'I ,/ Certified Fee 2.70 , �' Return Receipt Fee 2 20— P a , y zy 5 IM (Endorsement Required) j� , Restricted Delivery Fee � ��i' -iii- im (Endorsement Required) " � o ��� Total Postage&Fees 1 ..+•0 7-� co Wrirro CJ ■ PORTLAND GENERAL ELECTRIC o `34reet,Apr.No.; N A or PO Box No. TTN:MIKE HIEB C1 ire,2lP+4 9480 SW BOE CKMAN ROAD ----- WILSONVIJ.1.E OR 97070 PS Form 3800.Augus el. ee-everse or us ructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A.'SignatuI. t item 4 if Restricted Delivery is desired. X /�i ❑Agent • Print your name and address on the reverse 1y∎ ❑Addressee 1 so that we can return the card to you. B. R- -t -•b - ted - se) i C. Date of Delivery I • Attach this card to the back of the mailpiece, ' or on the front if space permits. / ' i . • i I - 0 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No r� 1 I 1 PORTLAND GENERAL ELECT RIC ATTN:MIKE HIEB i i 9480 SW BOECKMAN ROAD 3. Service Type I WILSONVILLE OR 97070 bi Certified Mall ❑Express Mail I ❑Registered ❑Return Receipt for Merchandise 1 ❑Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I - - - - ——- - - — - -- - - - � (Transfertramservlcela6eq 7008 0150 0000 5030 7062 I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-tut-1540 1 I • • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT -0 (Dome " - •• • • • . .• e Coverage Provided) Attn: Patty/Planning r-. For deli Re: ZCA2008-00002/Phelps usps.com "Notice of Annexation" m - Postage $ ! 1 . 17 , Certified Fee 2.70 , Return Receipt Fee Postmefi 9 rt{i O (Endorsement Required) 12.2 0 Here /C J Restricted Delivery Fee (Endorsement Required) N" Total Postage&Fees $ 6.07 Sent ro PORTLAND WESTERN R/R °s'fre"e"t,Api]30.; BRUCE CARSWELL or PO Box No. 1200 HOWARD DRIVE SE City,State,.3P+4 ..... ALBANY OR 97322-3336 PS Form 3600,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete 4.ignature item 4 if Restricted Delivery Is desired. , 0 Agent • Print your name and address on the reverse ❑Addressee / so that we can return the card to you. I B. Received by(Printed Name) C. Date of e' ry • Attach this card to the back of the mailpiece, ,(� 6� j/ or on the front if space permits. MFS 0 M Cr` N b S! 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 CARSWELL 1200 HOWARD DRIVE SE 3. Service Type ALBANY OR 97322-3336 �� ��Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. - - _ _ d- Radrir:twrt rlolivwnn!Prim cml r]Yes 2. Article' _ (Trani .. . PS Form, 595.02-M-1540 .. . r . . • • . U.S. Postal Service,,,., • • CERTIFIED MAIL,., RECEIPT 1 iti (Domestic •-• •• • . . . .. - •v-ra.a Provided) .�D For delivery Attn: Patty/Planning ps.comn Re: ZCA2008-00002/Phelps s C3 tI) I "Notice of Annexation" in t° Postage $ 1 .1 7 ,,,------- ...9 , O Certified Fee 1 2.70 ( -/\�\` - ��� c3 Return Receipt Fee `T9 Postmat t } (Endorsement Required) 1 2.20 ,'G%,, Here ; `. r'""• Restricted Delivery Fee I \\°a ' . !c p (Endorsement Required) w U Total Postage&Fees $16.0 7_ 43 Sent To • Pride Disposal CI '$tieet,7lPY1 .; Attn: Mike Leichner r•- or PO Box No. City,ware,zlPfa PO-Box 820 Sherwood,OR 97140 P F•rm :11 A • 11. "Dmzto Ww1•.•n.•uv __ 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(P'nted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, /}'l/l,QY Se•/1M0"/ or on the front if space permits. l�11 �! D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: -If YES,enter de' a. ,•1 -, -ow: ❑ No Pride Disposal 20n Attn: Mike Leichner ' JUN t7 PO Box 820 3. Servic- ype NHL ( Sherwood,OR 97140 )�(Cert -• Mall ❑Express Mail Qa Regist, -• ❑ Return Receip allidise ❑Insured - 4. Restricted Delive X-1-Fee) ❑Yes 2. Article Number 1 7008 0150 0000 5030 6874 - '.l (Transfer from service label 1 - "PS Form 3811,February 2004 Domestic Return Receipt • ' - ' -•':. .r t)25s5-o20ui-15,40 I . fp • U.S. Postal Service,r,1 CERTIFIED MAILrti, RECEIPT N (Dome '- -- - - - - - - - -rage Provided) For deli Attn: Patty/Planning N Re: ZCA2008-00002/Phelps •usps.com0 1:=1 IL "Notice of Annexation" L I In ' 1 . 17 OPostage $ ' r " ` . Certified Fee , 2.70 ,(r ,- , O Postmark` t/ `` O Return Receipt Fee O (Endorsement Required) 2,20 Here O Restricted Delivery Fee :.3 t47 O (Endorsement Required) Ln � � r-i Total Postage&Fees $ ;6. 0 7 I • CD Sent To --- ED I p '3`irree Apt'T7o.: QWEST COMMUNICATIONS N or PO Box No. , LYNN SMITH,ENG.ROW MGR City,State,ZIP+4 , 8021 SW CAPITOL HILL RD,ROOM 110 PORTLAND,OR 97219 PS Form 3800,August 11. See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatu.• item 4 if Restricted Delivery is desired. X I. % z • ••ent • Print your name and address on the reverse ∎rrr��, // •ddr ssee so t Attach we can return the card to you. B. Re� ,(Printed ame) livery • Attach this card to the back of the mailpiece, :',� / (, � ' or on the front if space permits. _ D: Is delivery address different from item 1? ❑ -s 1. Article Addressed to: If YES,enter delivery address below: ❑No ( QWEST OOMMUNICATIONS LYNN SMITH,ENG.ROW MGR 3. Service Type 8021 SW CAPITOL HILL RD,ROOM 110 X Certified Mail ❑Express Mail ' , PORTLAND,OR 97219 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number (Transfer from service IabeO I 7008 0150 0000 5030 7017 PS Form 3811,February 2004 Domestic Retum Receipt tozsss,oz M-.isao I. . S • U.S. Postal Service., CERTIFIED MAILTh, RECEIPT I Lltr (Domestic Provided) f Attn: Patty/Planning `a For delivery Re: ZCA2008-00002/Phelps sps.como • `D "Notice of Annexation" .x Postage $ 1 .1 •,-1 :-1,r ul i ,�'�a,„d Certified Fee 12 2.70 0 ,O�``�1 , o , 1 Postmark 1 O Return Receipt Fee Here i Z.: O (Endorsement Required) 2.20 •s i , p Restricted Delivery Fee al (Endorsement Required) - " ' Total Postage&Fees $ , 6.07. • o _ _ Sent To i ■ OStreet,Apt.?v ; Qwest Corporation . I t... or PO Box No. Attn: Pat Prouse,Address Management Ctr. Chy,State,°LIP+4 1600 7th Avenue,Rm.1206 ' Seattle,WA 98191 PS Form 3800.August r r• cc•everse or nstruct ons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signal • item 4 if Restricted Delivery is desired. —r-- ❑Agent ' • Print your name and address on the reverse X . j : . e• _ . T.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, 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 ,A. JUNG 6 Qwest Corporation Attn: Pat Prouse,Address Management Ctr. 1600 7th Avenue,Rm.1206 3.'Se Seattle,WA 98191 ± rvice Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. I 4. Restricted Delivery?(Extra Fee) 0 Yes 2. (Transfer from 7008 0150 0000 5030 6829 (Transfer from service label I PS Form 3811,February 2004 Domestic Return Receipt ,10259,5:64,11154o . • • U.S. Postal Services, CERTIFIED MAIL,., RECEIPT rr.. (Domesti -- -- - • •e Provided) Ann: Patty/Planning tti For delive Re: ZCA2008-00002/Phelps .usps.com3 O "Notice of Annexation" r E r,-, - o Postage $ 1 .17 -.•0 Certified Fee 2.70 , �j p _ Postmark Return Receipt Fee Here ���' (Endorsement Required) 2.20 CI Restricted Delivery Fee l'':;(/ \. p (Endorsement Required) ,_ - L n ▪ Total Postage&Fees $ i 6.0 7 ent o i i o SOUTHERN PACIFIC TRANS.CO. o iree4 Apt T7o.; CT.TFFORD CABE,CONST.ENG. IN- or PO Box No. city,ate,zipi.4 5424 SE MCLOUGHLIN BLVD. PORTLAND OR 97232 PS Form 3800.Augus it. cc Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete.items 1,2,and 3.Also complete A. Signal item 4 if Restricted Delivery is desired. ' �� /ten �;f,�� ❑Agent • Print your name and address on the reverse / v„G�� ❑Addressee so that we can return the card to you. B. R= eived 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? ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑No ( i SOUTHERN PACIFIC TRANS.CO. - CLIFFORD CABE,CONST.ENG. ' j 5424 SE MCLOUGHLIN BLVD. 3. Service Type ■ 1- PORTLAND OR 97232 1g Certified Mail ❑Express Mail Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number r - -- ----- — -- - - ----- --- - - (Transferfrom service label) 7008 0150 0000 5030 7 79 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 0 • U.S. Postal Service,. CERTIFIED MAIL,, RECEIPT rU •(Domestic --- • Q' For delivery i Attn: Patty/Planning ps.com� r 1 Re: ZCA2008-00002/Phelps , "Notice of Annexation" m Postage $ ; 1 .17 ra — . •.<. D Certified Fee ''2 70 ;:; � r D Return Receipt Fee ;••)Postmark D (Endorsement Required) i 2.20 — ;Here D Restricted Delivery Fee - D (Endorsement Required) G r'- Total Postage&Fees $ 16. 0 7 D . Sent To — Sprint Communications Company DD Street,Apt.No c/o Tax Partners LLC °"' C- or PO Box No. City State,zrP+4 3100 Cumberland Blvd.,Suite 900 Atlanta,GA 30339 PS Form 3800,August r I• See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature �.� t item 4 if Restricted Delivery is desired. , _ gent 1dressee• • Print your name and address on the reverse X= V so that we can return the card to you. B. Receive•by(Printe• C. Dab '1. Delivery i, • Attach this card to the back of the mailpiece, L. I hi, I or on the front if space permits. L. U Gc D. Is delivery address d' Vil from item 1? FA • I 1. Article Addressed to: If YES,enter delivery a • c71 1 o I • � I _ I -- - - I Sprint Communications Company I c/o Tax Partners LLC 1. 3100 Cumberland Blvd.,Suite 900 3. Service Type l Atlanta,GA 30339 lCertified Mail ❑Express Mail I '. - ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes � 2. (Transfer from 7007 0710 0000 1305 1992 (Transfer from service label ' PS Form 3811,February 2004 Domestic Retum Receipt 102595-o2-M-15401 • 1 i t R - 7M I i CITY OF TIGARD CURRENT PLANNING � 13125 SW HALL BLVD. 7008 0150 0000 5030 6850 \ TIGARD, OR 97223-8189 i a � , /:, f, \ . CD ._1 �� X N 4- .2 - U � 0 o v Z '- • , ���a cnrn� �/ ° \tom �, N Ell "7 �„ �� N �m �� �J Obi m / M 6 -, �� C_.v.: Verizon Attn: Richard Marching -- Le_t-._ - Irving-1*-?5Or5 ' — RECEIVED JUN 0 9 2008 . • • . U.S. Postal Service Try, CERTIFIED MAILTM RECEIPT . i_a (Domestic M.• A- • • - -- -- - -rovided) Attn: Patty/Planning .A For delivery in Re: ZCA2008-00002/Phelps .s.comn 0 "Notice of Annexation" m - , 1.0 Postage $ 1 .17' Certified Fee i I .7 i.,-----' postmark- �>'- O Return Receipt Fee /"-•• c (Endorsement Required) I Herefl9 f �, Restricted Delivery Fee 2.2 O r, 4 in (Endorsement Required) tit u7 r-R Total Postage&Fees $ CJ 16. 7• ant-o ; --- ---- D b`treet,Apt.No.; Tigard Water District • N or PO Box No. PO Box 230281 City,State,ZIP+4 ' Tigard,OR 97281-0281 P Form 3800 A If 4114. ,...m.,....,.... .-._.._-._. , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECT;ON ON DELIVERY • Complete items 1,2,and 3.Also complete '. A. Sig . ure ,/ `Ga � item 4 if Restricted Delivery is desired. X *) �.y ■ Print your name and address on the reverse / 'V so that we can return the card to you. B. Received by(Printed N= a +,`,ate of D: A l • Attach this card to the back of the mailpiece, �- ate 5 'r♦y,`++ /' or on the front if space permits. S D. Is delivery address diffe - t :. Ii_ - Qy 1. Article Addressed to: If YES,enter delivery address•L':^. ■ 'oJ`i 7•18od Tigard Water District PO Box 230281 3. Service Type I . ' . Tigard,OR 97281-0281 )'Certified Mail 0 Express Mail _ _ 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes ' 2. Article Number ( 7008 0150 0000 5030 6867 (Transfer from service label) , PS Form 3811,February 2004 Domestic Return Receipt 1o2595.02-M-1540 f 0 10 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT `a (Domesti - - -ge Provided) cI3 Attn: Patty/Planning For deliver Re: ZCA2008-00002/Phelps .usps.coma "Notice of Annexation" m �. '! postage $ 1 .17 -,4, Certified Fee 2.7 0 ��� ` t..tPostmerk Return Receipt Fee c Here ��, , n' OQ (Endorsement Required) 2.2 0 -t Y� Restricted Delivery Fee t' ` !` tI (Endorsement Required) `N *. Lt7 I r1 Total Postage&Fees $ 1 6.07 O V Sent To i . O O SeefApi NS; Time-Warner Telecom of Oregon n LLC or PO Box No. Tina Davis,VP&Deputy General Counsel City,State,ZIP+4 10475 Park Meadows Drive ' Littleton,CO 80124 PS Form 3800.Augu - , rse or nstructions ■ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete.items 1,2,and 3.Also complete A Si re . 77.I 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. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, S A- 1-1'',-4Lamj, or on the front if space permits. D. Is delivery address d f m item 1? ❑Yes 1. Article Addressed to: If YES,enter d very ti'd ftielow: ❑No tif . '3 ' ‘`(...p.-\:Jo Time-Warner Telecom of Oregon LLC Tina Davis,VP&Deputy General Counsel ' 3 Service Type v -/' 10475 Park Meadows Drive Certified Mail O^Ezpress Mail Littleton,CO 80124 Registered ❑Return Receipt for Merchandise — — — q ❑Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7008 0150 0000 5030 6898 � t (Transfer from service Labe° 1 1 PS Form 3811,;February 2004 Domestic Return Receipt 102595.02-M-1540 . U.S. Postal Servicem, CERTIFIED MAILTM RECEIPT ru (Domes ' •• age Provided) D For deliv Attn: Patty/Planning N Re: ZCA2008-00002/Phelps .usps.comn "Notice of Annexation" m Postage $ '1 .17 -'..5'`• . t...„ I Certified Fee 2.70 ¢' �i t ` O Return Receipt Fee .,,Postmark y O (Endorsement Required) u '-Hero f.„S•O ��', Restricted Delivery Fee i 2' -1,4 �'4, 0 (Endorsement Required) ` {sue r-R Total Postage&Fees $ 1 6.07 O S-0e°t 70 171 - ireef;dpemi----- TRI-MET TRANSIT DEVELOPMENT . N or PO Box No. BEN BALDWIN,PROJECT'PLANNER city,State,2IPf4 , 710 NE HOLLADAY STREET '---- PORTLAND OR 97232 pffingerillif iamitw.ntot:ammns.init iC'17;if SENDER: COMPLETE THIS SEC r iON COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,ana 3.Al flcom.lete A. Sign ie 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,N a C. Date of Delivery • Attach this card to the back of the mailpiece, ro coil or on the front if space permits. _ r D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No - I TRI-MET TRANSIT DEVELOPMENT ' BEN BALDWIN,PROJECT PLANNER 3. Service Type 710 NE HOLLADAY STREET ]a Certified Mall ❑Express Mail PORTLAND OR 97232 ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ( 7008 0150 0000 5030 7024 (Transfer from service Iabe0 i • 1 PS Form 3811,February 2004 Domestic Return Receipt ,";,J :: ,:41092595-02-M-1540 I' 0 0 U.S. Postal Service TM CERTIFIED MAIL,. RECEIPT `a (Domestic Mail •• • • - -- ovided) 10- patty/Planning . For delivery inf. Attn.' ZCA2008 00002/Phelps corn,; "Notice of Annexation" f M Postage $ ! 1 .17 e • 2.70 Certified Fee �1 "- O .` Postmark Return Receipt Fee 2.2 0 1,`".:%.'-Here O (Endorsement Required) ‘ Restricted Delivery Fee I �. e�•r � (Endorsement Required) �j • fir`' 7,.,-) r-R Total Postage&Fees $ I .0 7 O Sent To - - . 0 p TUALATIN VALLEY FIRE&RESCUE N or PO Box Na ADMINISTRATIVE OFFICE 'city,state zip.1.4 20665 SW BLANTON STREET —'• ALOHA OREGON 97007 P F•rill :r r A i. WI.Ma ..a.....a r.-�..a.,�....�.... 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. X ❑Ageqt • • Print your name and address on the reverse ❑F, esge- so that we can return the card to you. B. Received-by(Printed Name) C. Date of_' , • 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 - ---- - - TUALATIN VALLEY FIRE&RESCUE ADMINISTRATIVE OFFICE: 20665 SW BLANTON STREET 3. Service Type ALOHA OREGON 97007 ilif Certified Mail ❑Express Mall - - - - ` ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Deliveryy?(Extra Fee) ❑Yes • 2. Article Number I 7008 0150 0000 5030 6928 (Transfer from service label) 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • • U.S. Postal Services,, CERTIFIED MAILT<<, RECEIPT (Dome• Er in Attn: Patty/Planning rage Provided) For deli Re: ZCA2008-00002/Phelps usps.como m a"Notice of Annexation" E 0 Postage $ '.1 .17 _ r�- , 12.7 0 7 Certified Fee ,� . °os .\�� s Return Receipt Fee I 0r arerk O (Endorsement Required) yet H � c O 0 (Endorsemennt Required) I Total Postage&Fees $ 16.0 7 O Sent To 0 TUALATIN VALLEY FIRE&RESCUE O .SmerilpiTTo.; NORTH DIVISION ""' tti or PO Box No. ATTN:JOHN DALBY _ City,State,ZIP+4 14480 SW JENKINS ROAD .. BEAVERTON,OR 97005-1152 PS Form 3800,August I I• ee•evorse or ns ruc ions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete -'• : re item 4 if Restricted Delivery is desired. / I AAgent • Print your name and address on the reverse / �J G�, p Addressee so that we can return the card to you. B. Received by(Printed Nam: V COD5te?flnmvery • Attach this card to the back of the mailpiece, cvUU 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 TUALATIN VALLEY FIRE&RESCUE NORTH DIVISION ATTN:JOHN DALBY 14480 SW JENKINS ROAD 3. Service Type BEAVERTON,OR 97005-1152 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ++ 7008 0150 0000 5030 6935 (Transfer from service Moe° PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o 0 • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT ru (Domestic M Attu -- - • -ra.e Provided) `D For delivery in �: Patty/planning -D ry ZCA2008-00002/Phelps •s.coma "Notice of Annexation" a m S E '7 C3 Postage s; 1 .1 / �� )IN� n 4 Certified Fee 1 2.70 . ���� !el ,-.p‘, . Return Receipt Fee ■ Posama ci (Endorsement Required) 2,2 0 Here' a,, ci _ 1 Restricted Delivery Fee O (Endorsement Required) . Lfl A Total Postage&Fees $ 6.07 CJ —gird __ or No.o° Attn:oDavid Mielke,State Regulatory city,state,z,P+4 600 Hidden Ridge:MC HQE02E70 ----. 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. Signature item 4 if Restricted Delivery is desired. _4 Agent II Print your name and address on the reverse s' ,ddressee so that we can return the card to you. B. _y(Print e) ate of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery add differs t from item 1? . 1. Article Addressed to: If YES,enter delivery address below: CQ 9 �( __ __ _ _ . • . . Verizon Attn: David Mielke,State Regulatory 600 Hidden Ridge:MC:HQE02E70 3. Service Type Irving,TX 75038 )4 Certified Mall 0 Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7008 0150 0000 5030 6812 (Transfer from service labe) I v PS Form 3811,February 2004 Domestic Retum Receipt 102595.02-M-1540;� • U.S. Postal Service,. CERTIFIED RECEIPT (Domestic • •- - • - - --- - - --- Provided) c0Attn: Patty/Planning For delivery i 1 : ZCA2008-00002/Phelps -ps.comt "Notice of Annexation" Postage $ 1 17 `i � Certified Fee 2 P O (Endorsement Required)) I O �5 Here 20 , , Restricted Delivery Fee dry I= (Endorsement Required) ` tll ra Total Postage&Fees $ '6 O 7 6J ant o _ - - o • Verizon �°. or PO Box No. Attn: Richard Masching City,state,zlP+4 PO Box 152270 SVIE5002 Irving,TX 75015 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 "'•gent • Print your name and address on the reverse — ❑Addressee so that we can return the card to you. ON. .t- ve • Attach this card to the back of the mailpiece, e Riv • • tinted P r or on the front if space permits. /` �=�C` C� ��� D. Is delivery address different from item 1 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ita jVerizon Attn: Richard Masching PO Box 152270 SVIE5002 3. Service Type Irvin TX 75015 Certified Mail ❑Express Mail �_ g'_ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 0150 0000 5030 6850 (Transfer from service labe0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • 0 • U.S. Postal Service,,., CERTIFIED MAIL,,,, RECEIPT I in (Domestic • - -- - Provided) N For delivery Ann- Patty/Planning Re: ZCA2008-00002/Phelps sps.comE, "Notice of Annexation" m tm Postage $ Ln 1 .17' �. - . �.� p Certified Fee I. ^.70 ��``! ^` 6 p Return Receipt Fee I L Postmark`� r,". CI (Endorsement Required) 2.2 0 y Herat 0I f p (EndorrsemeDelivery euirred) I L -a y ,G('. p Total Postage&Fees $ 1 6.07 =e.- co Sent To CI VERIZON p 'orrPOBuNo.; JOHN COUSINEAU,OSP NETWORK ' ' N or PO Box No. , J City,State,z1P+4 4155 SW CEDAR HILLS BLVD. ....... BEAVERTON OR 97005 PS Form 3800,Augus I r. - See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature 1 item 4 if Restricted Delivery is desired. X ° '7( ?et �❑Agent • Print your name and address on the reverse ll►�l (JL(Li ❑Addressee , so that we can return the card to you. B. Received.by(Printed Name) Date of elivery • Attach this card to the back of the mailpiece, UN 0 5 200F, 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 l f VERIZON . JOHN COUSINEAU,OSP NETWORK 4155 SW CEDAR HILLS BLVD. 3. Service Type 'j BEAVERTON OR 97005 Certified Mail ❑Express Mail - ❑Registered ❑Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ,.._A ,rticle Number , z", ( 'Transfer from service label) � 7 0 0 8 015 0 0 0 0 0.. 5 0 3 0 7 0 31 tr Form 3811,February 2004 Domestic Retum Receipt' , - '10259o,- -M-1540 . S . U.S. Postal ServiceTr,, CERTIFIED MAILT,., RECEIPT r�R (Domestic , Provided) - Attn: Patty/Planning For delivery Be: ZCA200S-00002/Phelps sps.come O T "Notice of Annexation" I ^w;• m Postage $^� 1 �17- r >� � ,` o ge t t:3 Certified Fee 0: ;0�.41\j�`e I ci Return Receipt Fee 2 20 P t> D (Endorsement Required) I= a `i Restricted Delivery Fee I o / p (Endorsement Required) �I 'i • Total Postage&Fees $ 1 6.07 - co S"'enT o W.CCCA.(Washington County 9-1-1) O ' ATTN:MARK CHANDLER,Street Apt.No.; R ENP N or PO Box No. OPERATIONS SUPERVISOR City,State,ZIP44 PO BOX 6375 BEAVERTON,OR 97007 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 nature ��/� - Item 4 if Restricted Delivery is:desired. x tj,/) (,�J►° `(� /,I, ❑Agent • Print your name and address on the reverse` (�(/l Y� V�/(� ❑Addressee so that we can return the card to you. B. ReC `v by Printed N e} C. Date of Deliv • Attach the this f card to the back it the mailpiece, ti 1 n Was kA -os/Delivery or on the front if space permits. V v t,�4� �O �$ D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No W.CCCA.(Washington County 9-1-1) ATTN:MARK CHANDLER,ENP ` : OPERATIONS SUPERVISOR 3. SeniicaTjepe PO BOX 6375 4- ''.3r Certified Mail ❑Express Mail BEAVERTON,OR 97007 _ -- Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - --- --- ---- - ---- - I (Transfer from service label) 7008 015 0 0000 5 0 3 0 6 911 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 .9 • • U.S. Postal Service TM (m CERTIFIED MAILTS, RECEIPT N (Domesti - -ge Provided) p— Attn: Patty ing For delive 1 : ZCA2008-000/Plann02/Phelps .usps.comn O "Notice of Annexation" m -- ' 1 .17^ -- Postage $ ws-_-, / :,_-.- CertifiedFee 2.70 /' ,�'� �' -. Return Receipt Fee Post",9 t•••• � (Endorsement Required) 2.20.2 0 _ . . Restricted Delivery Fee �,9 ;/c" p (Endorsement Required) _, /4- 1..n y^� 6.07 `rn' .;,,A4d? Total Postage&Fees i" ' Sent To '- WASHINGTON COUNTY — co CI 1:::I TireeF i1 pf.No.; DEPT.OF ASSESSMENT&TAXATION N or PO Box No. , APPRAISAL DIVISION City,State,ZIPt•4 ATTN: HEATHER TODD , 155 N.FIRST AVENUE,SUITE 230 PS Form 3800.Augu HILLSBORO OR 97124-3072 Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3 .:Alsd complete A. Signature f '0.....', item 4 if Restricted Delivery is desired. X —gent 7,:•117:Pririt your name and address on the reverse ❑Addressee r `•so that we can return the card to you. B. Received-by -'•rated Name) C. �a�e of elivery • Attach this card to the back of the mailpiece, // /U 6/� or on the front if space permits. ILf. IvP-" /!! D. Is delivery add different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No I WASHINGTON COUNTY , DEPT.OF ASSESSMENT&TAXATION APPRAISAL DIVISION ATTN: HEATHER TODD 3. Service Type 155 N.FIRST AVENUE,SUITE 230 Certified Mail ❑Express Mail HILLSBORO.OR 97124-3072 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7008 0150 0000 5030 6973 (Transfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt 1 . • • U.S. Postal Serviceir,, CERTIFIED MAILTM RECEIPT _ri (Domesti .--" •• • • • • -• - • • -ge Provided) Cr Attn: Patty/Planning For derive Be: ZCA2008-00002/Phelps usps.com� CI "Notice of Annexation" m , O Postage $ , 1 .17 .--- -,_... Certified Fee 2.70 °� � ���, ; 1= Return Receipt Fee Postmark (Endorsement Required) ' 2.201, ' ," CI Restricted Delivery Fee , ;J.i% p (Endorsement Required) d',, i '' Ln 1-1 Total Postage&Fees $ 16 0 7 ,, F F' co nt o - . . p , WASHINGTON COUNTY,OREGON 1= "3fieei,AOTTBT, DEPT.OF LAND USE&'TRANS. N or PO Box No. ATTN:JIM NIMS Chi State.Zi 155 N FIRST AVE,STE 350,MS 15 HILLSBORO OR 97124 . PS Form 3800.Au. ... _. _ ructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY •"Coritplete items 1,2,and 3.Also complete A. Signature t Item 4 if Restricted Delivery is desired. Agent 1 c•_Print your name and address on the reverse X 0 Addressee 1 so.that we can return the card to you. B. Received -. •Printed Name) C. - e of ppelivery � ■'Attach this card to the back of the mailpiece, /� 3—f� or on the front if space permits. G !! D. Is delivery a.dress different from item 1? 0 Yes 1 1. Article Addressed to: If YES,enter delivery address below: 0 No i I WASHINGTON COUNTY,OREGON I ' 1 DEPT.OF LAND USE&TRANS. I ATTN:JIM NIMS 3. Service Type 155 N FIRST AVE,STE 350,MS 15 Certified Mail 0 Express Mail HILLSBORO OR 97124 0 Registered 0 Return Receipt for Merchandise i 0 Insured Mail 0 C.O.D. 1 4. Restricted Delivery?(Extra Fee) 0 Yes i S 2. Article Number 1 7008 0150 0000 5030 6966 i (Transfer from service label) , i PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540: • • U.S. Postal Service,., CERTIFIED MAIL., RECEIPT rl- (Domest Da.. Patty/Planning Patty/Planng ge Provided) .A For delive Re: ZCA2008-00002/Phelps .usps.come "Notice of Annexation" u m s s e m c3 Postage $ I 1 .17 . " N 2.70 %,,.,_� Certified Fee ;��°b: -. s, --?' I= ` ' %,Postmark�: Return Receipt Fee CI (Endorsement Required) 2„2 O a�±t Restricted Delivery Fee `,, p \ (Endorsement Required) _�'. . $ ▪ Total Postage&Fees 6,07 im co Sent To - — WASHINGTON COUNTY,OREGON O "Street,Apt:No.; DEPT.OF LAND USE&TRANS. -���' N or PO Box No. C1ry State,ZIP+4 ATTN:PLANNING DIVISION __ 155 N FIRST AVE,STE 350,MS 14 PS Form 3800.Augus HILLSBORO OR 97124-3072 •- ns ruc ions 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 -,nted Na�Ae) C. ate o Delivery I • Attach this card to the back of the mailpiece, v� SIB or on the front If space permits. D. Is delivery add -different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No WASHINGTON COUNTY,OREGON DEPT.OF LAND USE&TRANS. ATTN:PLANNING DIVISION 3. Service Type 155 N FIRST AVE,STE 350,MS 14 A Ceded Mail ❑Express Mall HILLSBORO OR 97124 3072 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. ■ 4. Restricted Delivery?(Extra Fee) ❑Yes ' 2. Article Number (T r a n s f e r f r o m s e r v i c e I a b e o 1 7008 015 0 0 0 0 0 5 0 3 0 6942 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1549 I ,1 .1 • • U.S. Postal Service,., CERTIFIED MAIL,, RECEIPT (Domestic - Provided) D- Attn: Patty/Planning For delivery Re: ZCA2008-00002/Phelps sps.come 0 l "Notice of Annexation" J S E Postage $ 1 .17 tn Certified Fee 12.70 y„ Return Receipt Fee t Postmark `s• al (Endorsement Required) 2.20 .�Here i =, Restricted Delivery Fee K� `? C O (Endorsement Required) Ln R Total Postage&Fees $ 6.07 c• .�_ �°�+� Sent To - - __- O WASHINGTON COUNTY,OREGON O '$freer,Apt.No.; DEPT.OF LAND USE&TRANS • M1 or PO Box No. SENIOR CARTOGRAPHER City,state,ZIP+4 155 N FIRST AVE,STE 350,MS 14 ILLSBORO OR 97124 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. gent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by 'nted Nil) C. D t of Delivery • Attach this card to the back of the mailpiece, C. �pe or on the front if space permits. / I, D. Is delivery add different from item 1? DDD Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No • . I WASHINGTON COUNTY,OREGON DEPT.OF LAND USE&TRANS. SENIOR CARTOGRAPHER 3. Service Type 155 N FIRST AVE,STE 350,MS 14 XCertified Mail ❑Express Mail HII I SBORO OR 97124 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 0 015 0000 5 0 3(] 6959 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 . 0 • U.S. Postal Service,., CERTIFIED MAIL,, RECEIPT co (Dom- • ,,-' a• • • • • • • - erage Provided) r` Attn: Patty/Planning Q" For d• Re: ZCA2008-00002/Phelps .usps.com� r-1 I "Notice of Annexation" ' u7 ci m Postage _ • 7 Certified Fee ' 2.7 0 --,3 ti O Postmark'. ��' O Return Receipt Fee 2 "�',. Here-',,•;_., p (Endorsement Required) 2. .�'� Restricted Delivery Fee •--, (Endorsement Required) CI N Total Postage&Fees $ 6.07 ,' --fi•1" O - Serrt To - N o -street,Apt.no.; i Working Assets _ or PO Box No. N . 101 Market Street,Suite 700 State, , San Francisco,CA 94105 PS Form 3800.Augus - -• SENDER: COMPLETE THIS SECTION G'OAIPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete IN gnature item 4 if Restricted Delivery is desired. • f' �. A. 0 Agent • Print your name and address on the reverse IJ�Mv� ,I_� 0 Addressee{ so that we can return the card to you. B. •Received by(Printe•?ame) C. Date of Delivery is Attach this card to the back of the mailpiece, c_4 -0‘ or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No t l Working Assets i 1 101 Market Street,Suite 700 3. Service Type ' San Francisco,'CA 94105 brCertified Mail 0 Express Mail I 0 Registered 0 Return Receipt for Merchandise I 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes i 2. Article Number f 7007 0710 0000 1305 1978 (Transfer from service label) 1• I PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02-M-154o • • • U.S. Postal Service CERTIFIED MAIL,. RECEIPT I ti (Domestic M. •rovided) Attn: Patty/Planning } For delivery inf. �; ZCA2008-00002/Phelps "Notice of Annexation" S E mul 17,_ _ Postage $ % - V 5e -'ti Certified Fee ''.) , it rR 2.70 '�4 2.20 77. _ �. Return Receipt Fee PO n O (Endorsement Required) Here - Restricted Delivery Fee cp (Endorsement Required) r 6.07 ..'r r- Total Postage&Fees $ O Sent To - - - N aStreet,apt.Na; X5 PDX,LLC It or PO Box No. 1 Attn:Barbara Meyer,Controller City,State,ZIP+4 1520 4th Avenue,Suite 500 •---- Seattle,WA 98101 PS Form 3800.August ..o ee•everse for Instructions J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature 1 item 4 if Restricted Delivery is desired. X %- ❑Agent 1 . , • Print your name and address on the reverse — ❑Addressee i so that we can return the card to you. B. R- eived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, �� , � /�p�y 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 JUN ® 6 zoo X5 PDX,LLC Attn:Barbara Meyer,Controller 1520 4th Avenue,Suite 500, 3. Service Type biPor Certified Mail 0 Express Mail Seattle,WA 98101 _- ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. \ ' 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number f 7007 0710 0000 '1305 2005 (Transfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-154o • • U.S. Postal Service1M CERTIFIED MAIL, RECEIPT ru (Domestic M. - - -- - • • - -•- •rovided) It . Attu: Patty/Planning .I For delivery in Re; ZCA2008-00002/Phelps •s.coma O t' ) "Notice of Annexation" m I in Postage $1 .17 ,,BARD_ O Certified Fee 12.7 O ` \ `�\ �`\ . I �`� F Return Receipt Fee ti Po ?ark ;L,, O� (Endorsement Required) 12.20 , 'Here; Restricted Delivery Fee \,� ` ''V _` , p (Endorsement Required) \,.'- '. U, I-1 Total Postage&Fees $\6.07 .O Sent To - - — o 'Sireef,Aiir.73o.; XO Communications •� _ t,- or PO Box No. , Attn:Martin Pfister city,State,ZIPr4 11111 Sunset Hills Road •-•. Reston,VA 20190 PS Form 3800.August ... ee Reverse for Instructions . - .. . t SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. Mr"----- ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Recer by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, L i� 6 /d 8 or on the front if space permits. 1. Article Addressed to: D. Is delivery a.dress different from item 1? ❑Yes If YES,enter delivery address below: ❑ No XO Communications I Attn:Martin Pfister 3. Service Type 11111 Sunset Dills Road PiCertifled Mail ❑Express Mail Reston,VA 20190 0_ ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. - 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7008 0150 -0000 5030 6782 (Transfer from service labe0 PS Form 3811,February 2004 . Domestic Return Receipt 102595-02-M-1540 City OfT'igard, Oregon 1 13125 SW Hall Blvd. • Tigar.R 97223 q •IIII - :::; • z June 3, }2008 4 z 4- . I GAR ;a r 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 in regard to property recently annexed into the City of Tigard: City File No./Name: ZCA2008-00002/Phelps Annexation • 1 Certified as Original Copy of Ordinance No. 2008-05. • 1 copy of the Legal Description of the Subject Property (pre-approved by the Department of Revenue # DOR 34-P458-2008). • 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 2S108AB,01000 15305 SW 153rd Avenue David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 ' If you eve any questions r ne-. further information,please call Emily Eng or me at 503-639-4171. - . J 1, P " �ICunsf. d lanning Ad .tive ,&ecialist Enclosures c: ZCA2008-00002 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 r: .r , • • U.S. Postal Service,.., CERTI -a (Domestic Attn:Patty/Planning 0 EC For delivery RE: ZCA2008-00002/Phelps Annexation r-1 "Notice of Annexation" if 7 if) - - - O m Postage $ , g3 rR Q Certified Fee '`�O //""" C3 Return Receipt Fee ! f. �\ CI (Endorsement Required) `fern t� `�\� to m 2..r #t^ J J Restricted Delivery Fee 1 w� !� t,1 0 (Endorsement Required) J�� ; tti Total Postage&Fees �1JV smart— f`- Sent To Robert Ayers � Street,Apt.No.; Oregon Department of Revenue "'° r, or PO Box No. t Cartography Unit City,State,ZIP+4 PO Box 14380 Salem,OR 97309 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 • 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 Robert Ayers -' Oregon Department of Revenue - Cartography Unit 3. Service Type I PO Box 14380 0 Certified Mail ❑Express Mail Salem,OR 97309 ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7007 0710 0000 1305 1886 (Transfer from service labe0 f -.1 1 ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o•1 Y UI MEMORANDUM TIGARD (Page 1 of 1) 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, Public Works Water Quality Supervisor, and Police Crime Analyst. FROM: Patty Lunsford, Planning Secretary RE: RECENT ANNEXATION & CENSUS INFORMATION City of Tigard Ordinance No. 2008-05 File No.: ZCA2008-00002— Phelps Annexation DATE: June 3, 2008 • DATE COUNCIL ADOPTED: MAY 27, 2008 • ORDINANCE EFFECTIVE DATE: JUNE 26, 2008 ♦ TIGARD WATER DISTRICT WITHDRAWAL EFFECTIVE DATE: JULY 1,2009 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 Emily Eng, Assistant Planner @ x2712. Thank you. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 2S108AB,01000 15305 SW 153rd Avenue David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 Attachments: Ordinance,legal description(s), map(s) c: ZCA2008-00002 Land Use File • • City Manager Prosser noted the information that Mr. Sherman is presenting today is not his understanding of what has occurred. City Manager Prosser said he would talk with staff to determine the status as he understood an amicable agreement was being reached. However,if people are feeling pressured, he was greatly concerned. He will talk to staff and get back to Mr. Sherman and asked that Mr.Sherman leave his contact information. Councilor Woodruff also advised no action will be taken on this project in the immediate future. He reiterated that the City Council had heard from staff that there was conversation after the meeting with the parties and City Council that an agreement was being reached that was acceptable to everyone. Council President Sherwood also asked Mr. Sherman if he would be available to help with the language barrier that would be appreciated. Mr.Sherman said he would assist a Follow-up to Previous Citizen Communication City Manager Prosser noted a gentleman had appeared before the City Council at the last business meeting regarding concern with the closure of the Barrows Road Bridge. Staff is continuing to look into this matter and will get information to the City Council about the status. Council President Sherwood reviewed the proposed Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve City Council Minutes for March 11,2008 3.2 Local Contract Review Board: a. Approve Contract Amendment No. 1 for Right-of-Way Acquisition Services for the SW.Burnham Street Improvement Project It was clarified that Item 3.2a is for consultant services. Motion by Councilor Wilson,seconded by Councilor Buchner,to approve.the Consent Agenda. The motion was approved by a unanimous vote of City Council present Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 4. QUASI-JUDICIAL PUBLIC HEARING—PHELPS ANNEXATION (ZCA 2008-00002) REQUEST: Annexation of two (2) parcels on SW 153'd Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right- of-way on SW 153' Avenue from the point ad-pining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 27, 2008 City of Tigard I 13125 SW IIall Blvd.,Tigard,OR 97223 I 503-639-4171 I w,vw.tigard-or.gov I Page 4.of 10 • • LOCATION: 15305 SW 153'd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM)2S108AB,Tax Lot 1000,and WCTM 2S105DC,Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5)' units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of T gard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are,also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (u dated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive flan.(non-updated-version) Policy 10.1; ORS Chapter 222;and Metro Code Chapter 3.09. a. Council President Sherwood opened the public hearing. b. City Attorney Ramis read a statement regarding procedures for the hearing. 7:17;101N 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? ▪ Councilor Buehner said she was very familiar with the site - Have all members familiarized themselves with the application? ▪ City Council members present 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? o There were no challenges from the audience. d. Staff Report: Community Development Department Associate Planner Eng presented the staff report; a copy of which is on file in the City Recorder's office. She noted written testimony had been received and included with the Council record on this matter. Associate Planner Eng reported a corrected legal description had been distributed to the Council. Areas of City Council discussion and requests for clarification included the following: o limited access to the.property to be annexed was noted. o When and if developed, the primary access will be required to be'developed to City standards if the contiguous right of way is included in the annexation proposal. o The County was notified of this annexation proposal and did not comment e. Public Testimony Opponents: TIGARD CITY COUNCIL/LCRB/ MINUTES-MAY 27, 2008 City of Tigard ( 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 ( www.tigard-or.gov I Page 5 of 10 • • 7:5M-121W o Jim Willis, 15285 SW Bull Mountain Road, Tigard OR 97224 provided a.written copy of their testimony; a copy of this testimony is on file in the City Recorder's office. Mr. and Mrs. Willis do not object to the annexation of the Phelps property; however, they do object to the annexation of the right of way of 153'd Avenue. Council discussion followed about the future of SW 153rd whether it was left.in the County or. annexed to the City. Councilor Buchner advised there would be little difference between the City or County regulations regarding this street should development occur. In response to questions from Councilor.Woodruff, Mr. Phelps advised his annexation request was voluntary;he wanted to become a part of the City since it was the right thing to do since he uses City services and, therefore, should pay City taxes. He noted his appreciation for the incentive to annex with the three-year phase-in of City taxes. He referred to the attempt to incorporate a City on Bull Mountain and said this effort did not make sense to him. He added that he wants to,vote on City of Tigard issues and pointed out that if everyone on Bull.Mountain joined the City, they would have a powerful vote on City matters. Mr. Phelps advised that he saw no downside,with regard to the 153`d right of way being annexed. x:i f. Council President Sherwood closed the public hearing g. Council consideration: Councilor Buchner and Councilor Wilson supported the annexation including the 153`' Avenue right of way. Councilor Woodruff supported the annexation but noted he was a little concerned with the irregular boundary of the property. Councilor Wilson added that he was pleased that this annexation was not prompted because the property owner wanted to develop the land; it was nice to see an annexation request under these circumstances. Council President Sherwood noted the City's efforts to solicit voluntary annexations and that the City of Tigard welcomes properties. She said she did struggle somewhat with the annexation of the right of way but finally concluded that she would rather see the road eventually develop to City of Tigard standards when the area develops. Motion by Councilor Buchner,seconded by Councilor Woodruff, to adopt Ordinance No. 08-05. ORDINANCE NO. 08-05 — AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT OF WAY,, APPROVING THE PHELPS ANNEXTION (ZCA2008-00002) AND WITHDRAWING PROERTY FROM THE TIGARD WA 1'ER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND AWASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. The motion was approved by a unanimous vote of Council present. TIGARD CITY COUNCIL/LCRB/ MINUTES -MAY 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov .I Page.6 of 10 • Councilor Buchner Yes Councilor Wilson Yes Councilor.Sherwood Yes Councilor Woodruff Yes 5. CONSIDER RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PORTIONS OF RECENTLY ADOPTED ETHICS LAWS City Manager Prosser reviewed the staff report, which included the key issues with the new state ethics laws. The State of Oregon recently appointed a task force to review these laws because of widespread concern and resignations of local elected officials. The proposed resolution officially states the City of Tigard's position. There was brief discussion about the City Council members' support for review of the overreaching legislation and new ethics laws. Council members do not object to the reporting requirements; however, one of the main objections is listing all relatives'personal information and publishing this on the Internet whether they live with the City or not. This could also represent a disincentive for good, gnality citizens to be willing to participate in local government g.2.1,2.,I'M Motion by Councilor Woodruff,seconded by Councilor Wilson,to adopt Resolution No 08-23. RESOLUTION NO. 08-23—A RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PROVISIONS OF RECENTLY ADOPTED ETHICS LAWS The motion was approved by a unanimous vote of Council present Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes S:';:I I 1,N1 6. CONSIDER AMENDING THE PROCEDURES FOR NOMINATION OF MAYOR AND CITY COUNCIL CANDIDATES City Recorder Wheatley presented the staff report, which outlined the proposals and.requested City Council action measures to amend the procedures for nomination of Mayor and City Councilor candidates. Council President Sherwood noted she served on the Council Service Task Force, which recommended these changes to the nomination process. The Task Force concluded that the collection of 200+ signatures was burdensome and of limited value. Council members commented on the signature gathering process noting that it appeared to busy work; however,it did test to some extent a person's commitment for seeking local office. Council was interested to learn that there are a variety of nomination procedures for cities' mayors and council members throughout the state.. The proposed nomination procedures amendment still requires a show of commitment and forethought by potential candidates. City Recorder Wheatley noted the ordinance contains an emergency clause because city councilor filings can begin June 4,2008. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I '503-639-4171 I www.tigard-or.gov Page 7 of 10 yew • City of Tigard W� Tigard Business Meeting — Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) • tt'1t MEETING DATE: May 27, 2008 MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 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 (IUD-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 healing 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 (TDD-Telecommunications Devices for the Deaf). 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 3:00 p.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/ AGENDA—May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of4 • • n0� City of Tigard 3 r: zle=f Tigard Business Meeting — Agenda goku: TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: May 27, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 Op I'M • STUDY SESSION i TIGARD MUNCIPAL COURT ANNUAL REPORT • Staff Report: Administration Department APPOINTMENT OF AD-HOC CITIZEN ADVISORY COMMIT l EES • Staff Report: Community Development Department i NAMING LIBRARY PAVILION " Staff Report: Administration Department o 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 arc 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. 7:3u 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 TIGARD CITY COUNCIL/LCRB/ AGENDA—May 27, 2008 City of Tigard I 13125"SW Hall Blvd.,,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of • • • 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) o Tigard Area Chamber of Commerce Representative ® Citizen Communication—Sign Up Sheet ✓ Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) These items are considered.to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes for March if,2008 3.2 Local Contract Review Board: a. Approve Contract Amendment No. 1 for Right-of-Way Acquisition Services for the SW Burnham Street Improvement Project • Consent Asada-hems Removed forSepaate Discussion: .Ly items iegnc37ed to be,vmoacd from the Consent A enda *separate discussion will be considered immediately after the Council/Ciy Center Development.i e11Gy has voted on those items which do not need disensi on. 4. QUASI-JUDICIAL PUBLIC HEARING—PHELPS ANNEXATION (ZCA 2008-00002) REQUEST: Annexation of two (2) parcels on SW 153rd Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153`d Avenue from the point adjoining Tax Lot 1000.to the right-of- way on SW bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All Owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305-SW 153"'Avenue and 15110 SW Sunrise Lane;Washington County Tax Map (WCTM) 2S10SAB,Tax Lot 1000, and WC T M 2S105DC,Tax Lot 600, COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre. and no less than five (5) units per acre, except as.specified by Section 300-2 or Section 303-6. The intent of the R-6 Dist ict is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district 'is designed to accommodate attached single-family homes, detached single- family homes with or without accessory residential units, at a nununum lot size of 5,000 square feet, and duplexes,at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described.in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6);Comprehensive Plan (non-updated version) Policy 10.1.; ORS Chapter 222;and Metro Code Chapter 3.09. TIGARD CITY COUNCIL/LCRB/ AGENDA—May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov Page 3 of4 • • a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure 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. c. Public Testimony - Proponents • Applicant Other Proponents - Opponents - Rebuttal/Final arguiment by applicant E. Staff Recommendation g. Close Public Healing • la. Council Discussion and Consideration: Ordinance No. OS- 5. CONSIDER RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PORTIONS OF RECENTLY ADOPTED ETHICS LAWS • Staff Report: Administration Department • Council Consideration: Resolution No. 08- 6. CONSIDER AMENDING THE PROCEDURES FOR NOMINATION OF MAYOR AND CITY • COUNCIL CANDIDATES • Staff Report Administration Department • Council Consideration: Ordinance No. 08- , Resolution No. OS- and Resolution No. 08- 7. COUNCIL LIAISON REPORTS 8. NON-AGENDA ITEMS 9. ENTEUTIVE 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 I92.66O(4), but must not disclose any information discussed. No Executive.Session..may be held for the purpose oftaking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT \:\D\t\[.:ub}'\CCA\3i1QR\11R11527 busincssP.duc TIGARD CITY COUNCIL/LCRB/ AGENDA— May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 4 of4 f , 120 DAYS =N/A • • DATE OF FILING: 5/29/2008 DATE MAILED: 6/3/2008 CITY OF TIGARD 11.1-“z- ;.© Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: ZONE CHANGE ANNEXATION(ZCA) 2008-00002 Case Name: PHELPS ANNEXATION Applicant's Name/Address: David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 Owner's Names/Addresses: David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 Addresses of Property. 15305 SW 153rd Avenue Tigard,OR 97224 Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No.2S108AB,Tax Lot 1000 and Right-of-Way. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION(ORDINANCE NO.2008-05. 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 I"1EM ON MAY 27, 2008 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: > Approval to Annex one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City included 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. The subject parcel is contiguous to the City by a point at its northwest corner. ON MAY 27, 2008, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2008-05). County Zone: Washington County R-6. Equivalent City Zone: City of Tigard R-7: Medium-Density Residential District. Applicable Review Criteria: 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 (Updated Version); Goal 11.1,Policy 4 (Updated Version);Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Action: > © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: F3 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 JUNE 26,2008. 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. •ITY OF TIGARD, OREGON • Attachment 1 TIGARD CITY COUNCIL ORDINANCE NO. 2008-D-5 AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT-OF-WAY, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and 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 Tigard Water District, 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 May 27, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located on SW 153Ed Avenue and adjoining right-of-way, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this'instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; 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 Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on May 27, 2008;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, 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 most closely conforming to the County zoning;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 • • r 5 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. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described in the attached Exhibit "A" and shown in Exhibit "C" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council hereby annexes the right-of-way described in the attached Exhibit "B" and shown in Exhibit "C" and "D". SECTION 3: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "G" and incorporated herein by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including 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 6: 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 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By u✓)OM MOUS vote of all Council members present after being read by number and title only, this o771' day of -71-1 , 2008. cAk orars60- Cathy eatley, City Recor Ordinance No. 08-05 Page 2 • • APPROVED:By Tigard City Council this 00--'S day of -111r ------ , 2008. Approved as to form: Sydney L. Sherwood Council President - V 1111 Attorney Date tO be a True Copy of k-18i1 on File • Deputy Recorder - City of Tigird g a 41 Ordinance No. 08-05 Page 3 • New ,Q7,DS EXHIBIT A Property Description for Map 2S108AB,Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of'Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153rd Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15" W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. • EXHIBIT B • • VI! tiraciiic S.W. 1531d Avenue City of Tigard Annexation RIGHT-OF-WAY ANNEXATION A parcel of land lying in the northeast one-quarter of Section 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, said parcel described specifically as follows: • Beginning at the southeast corner of that tract of land conveyed to Teresa B. Hilliard by statutory warranty deed recorded October 11, 2000 in Document No. 2000082842, Washington County Deed Records, said southeast corner being on the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147'/2; • Thence, from said point of beginning, leaving the centerline of S.W. Bull Mountain Road,North 05°24'00"East, along the easterly line of said Hilliard tract, a portion of which is also the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 289.00 feet to a point of curvature at the northeast corner of said Hilliard tract; Thence, along the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave westerly, the central angle of which is 39°01'25", the long chord of which bears North 14°06'42" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of reverse curvature; Thence, along the westerly, northerly, and easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", along the arc of a 40.00 foot radius curve, concave southerly, the central angle of which is 258°02'51", the long chord of which bears South 84°36'00" East, a distance of 62.15 feet, an arc length of 180.15 feet to a point of reverse curvature; Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave easterly, the central Page l of 2 9755 SW Barnes Road, Suite 300 • Portland,OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com . • • 1NHP Tfic angle of which is 39°01'25", the long chord•of which bears South 24°54'43" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of tangency; Thence, South 05°24'00" West, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 248.34 feet to a point of curvature; • Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 20.00 foot radius curve, concave northeasterly, the central angle of which is 82°00'00", the long chord of which bears South 35°36'00" East, a distance of 26.24-feet, an arc length of 28.62 feet to the north right-of-way line of S.W. Bull Mountain Road as dedicated in the plat of"Wonder View Estates"; Thence, leaving said north right-of-way line of S.W. Bull Mountain Road, South 13°24'00" West, perpendicular to the centerline thereof, a distance of 30.00 to the centerline of S.W. Bull Mountain Road, also known as County Road No. A-1471/2; . Thence, North 76°36'00" West, along said centerline of S.W. Bull Mountain Road, a distance of 63.66 feet to the point of beginning. • The parcel of land to which this description applies contains 20,454 square feet more or less. Bearings are based upon the plat of"Wonder View Estates". REGISTERED: • PROFESSIONAL LAND •S.U.RUEYO.R • OREGON. JAIVt1ARY"20. 1.989 .GARY P: CHRISTERSO.N 2377 RENEWAL: DECEMBER 31., 2009 . P:\City of Tigard\0341 52\Survey\Documents\153rdAnnex-Lega1050708.doc Page 2 of 2 NW 1/4 NE1/4 SECTION 8 T2S RIW W.M. 2S I BAB WASHINGTON COUNTY OREGON vo SCALE I" 100 . . . ' 1200 cm) 2 .76 At. SEE MAP 2 3 1 5 1.-.4 ,•,..... 7.0.1." •4r" A $srsA YAW° 0••• Z• 1 . 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I 25' 25' _ 30.00' o W S1324'00'141 CD UN rY RD A MD in D N7 6366" — �� AN 1 14 _ 1/2 0 a F SCALE i N i=•••-t, FEET / I '6 -!4=?T- 1 INCH = 60 FT h 1 Sr a _ DESIGNED BY CPC CHECKED BY: GPO WHPacific DRAWN BY:: TEN APPROVED BY: GPC CITY OF TIGARD h LAST EDIT: 05/08/08 PLOT DATE: 05/08/08 9755 SW Barnes Rd, DATE BY REV/ REVISION CK'D APP? Suite 300 ANNEXATION IV1AP i Portland,OR 97225 S. W. 153RD AVENUE c_ 503-626-0455 NAME CO. OR a Fax 503-526-0775 E www.503-526-0775 775 SCALE: PROJECT NO. DRAWING FILE NAME: 1 SHEET 1 1 60' 034152 34152-SURV-EX0O L 0, J TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: W We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and F,, 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. W LEGEND: PO - Property Owner RV- Registered Voter PAGE OF • OV- Property Owner& Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV ` OV ADDRESS Township/ Map Tax Lot Precinct t'^TE Section Number Number Number "J' 0c"ul�t' 'cam ite/p5 15305 5A 1:5:3' �� 2.S PI , /OOG� 4�/U /Zb/c'E ��,�.s; ,' i Davit, Phelps n / 5-305- S' /55 " 2 .5/s • r`oO o o `/£e/o s • . _ i:\curptnlmasters lrevisedlanxpetn.mst 15-Aug-02 ------ no • .4 GEOGRAPHIC INFORMATiON SYSTEM ! 4 41Nr ,__-_: 1 1 VICINITY MAP 1 i '4 ilk 10.-■-•■•-•01 ' 1 ; 1........_........_,15 \ ANNE xAnON I I V 7- SUBJEC1'SI'lE I • (N. . a ,., ,..lt :. .0. .... ,„ / , , ..: . , ..,0 . .., ., • . , • , in ^.,-..4 p c,„ _ ,Gct,..,,, •,., :„:„..o,..,:,,v...............i,....„....,....•.„.,, c ..,.„:„. i . !.. , :i. • . , x ..„ or,,„,„„ _. . a„,,,:„.,.,.... ,..ht1Ht f,m.H H.0 .4 At.° ----- -- 0-Fir A HINGTON COUNTY 7,4` ligard Area map oft liii- _ _ III • 'A 4:„..,„;„,.,„:1.1...,,.,. ..0010::: Information on this map is for general location only and RD s • c/-;1111 should be verified with the Development Services Division. 13125 SW Hall Blvd . . IMP:51: Tigard,OR 97223 nmvni*Dove|opmen/ Plot date:May 6,2008;CAmagic1MAGIC03.APR JC,A.1111)11 V f , • • Agenda Item: Hearing Date: May 27,2008 Time: 7:30 PM r:-.-Y.a:r- '"e•- -- '.i�._'-- _ r. - ,x,..~ _,-.v4;"=Y�:;rr,„ vN;ter=-X,fs^*..' Yr.q.:.n,'°_v^.q;,,, .,t_ +�"^2f _ .,-�:, _`_.fi-':�, -;'; .•a <is^,�, Via,,"-.z; �[ [Si a�,: 4*-::c :;A:a: ..�.y%• �rf:. :: - „,}•. i s;<' '''�:0.= WcW':,: w`•t` �.'��`,k i,� _ '?`F :^:.3; �,. 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I,i� ..� r-..tl,::.:._�(V _ ii. r :GL i7•.- Sv.. ..,q! +7t.. _- �'.i,•, .Silt,,.F .sdg,..,01.4 - ',•n'.eip,,,!!?'4 ` dt.•-s:...i!':1:4i:iii',l'Q... .�:,. g,t,:: �i_` ,.�” 2 s�V�. �..tit.:ic"�'„-•K-`a ...,:i�.":.�a',-ti1.. :��-,��.,n�� 's.' ,e.1f.:d..,..i-np_ „h::�k.� - :':f:,'t-�t: 'rL - �.,N._f,�-"�jstY-•h, �: , ri,-00. �,, -_i'tf.- :S�'i:•,,Y.ti. -,,..,0`Y:>.tir:,,",.�'�3r.,,,,,,::,,„.. .. L..4= _ __`" ..,,„,„., . .•..L_t:.::tt. ,..,.... y: t,„-.,� .i :`V_ •:%'Y_� xa1i�.'-''j,^”:f{�ti�e, •��;.ri } _ - !� - Y,+�•�` _ e3s. ,g, }. :wE�.S-,:-`- ila- -_;--' ;, y` ; = it - :: :� ri. io u._ TIGARD• ';',:l r•„'t*.: :'.-F'ra,�r.AfiAl ,.i !, k.P._ 9til '. sF ., :c }',.+it:y'?-.et:�.�-t41. 1tiiar ;�A-:a�1; >42, l.'.:�. .:_�.�.; i., ,.sa:u`_ ,sir:: -.+-, Y.I,;. .4-,...,,,,.";•::•• r�r' .t.1, - :4_•e..: l'•, :-�°`v ,u. :3,wi.i;F?�;e�u' ';.r °y .mss �1a3tir::r%.�} .v�_:.,1.�,.�. �.,.. ,.:�. ::...,.:,=. ..>S..lith ::.C`..,.,_?r.�,. �':..-�.i..k�:.'. _-�f :;,.. .,.m:Y.�+..a: ..,- r-r!-,kl.,-,.:..�_"._._,<.=-,.>:�`-�'�.r::.t�,.,. ;- ,,.k. .... 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ • OWNERS: David S. and Jeanette Phelps PO Box 551 • Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel.have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue;Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home . parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally. Note: In a subdivision,lot size may be averaged to • allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area fot all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district PHELPS ANNEXATION ZCA2008-00002 PAGE 1 OF 10 • • ti APPLICABLE REVIEW CRITERIA: 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION 4'x`.:5 /r'r - ` ''S `. tat G4,7,4 a. i-.n73 w.. -tea; 7d• f .x xX.r" ifi Si- '`F^ A nM : z� . �L�% 71 w.l' r'�c 3; 5sj r t. n Is" rTrs.S'Sr. wS rat t< ` LiE �.�„r.,e f r -e'�,1y xt ra Ziyt vv r>r 6'Y ax y{•3 ' Lt 4 �.'" d� 2t( n A f X319 3i dr4 a C 3 ✓ ti � J J� - �tl ! a J 2 ~ ;15' F. '.S" .�, ; �"��'nF., •E a-t- -�1 y�.',..e.•t -' �, a �' < ..t"'� � S r 5 j b- 4.i5 F: iti r s 'L e_F 1 .` 7 5 r,� r> ai r f ('r S} h r t n hr t f�,x r r t g z tr ..✓. y..s tt� tto }.,.t..Jas _ n s r 3. .. f ` 7 i xt'as it G rd'd{ i r 4 ""` ' c'a >• t e t},i, ! : 5 x •''! r J `�� ^: -F. r L rs 5 Sl Y 1 ;f� i {-i H� 4 i`6�s � S r} 7�5 i r r �'f_Y� a>1 5 ♦ 3 i 4 t r „ t_tk x � t n_ n: r .y vii 7 t E .•r'h..- �` Z .< rYy s - - .a> ,r s. ts. � '' S- r �r ps �t5 r� 3i 6f r4 Ark YC�fP at cz r s� < �Y i 1 r r i t r3 6; S. S' �0,'41.1 .-r' AI+l° 5 r� i /A,y-r_ "^i;1;r, lC .�.K .• .y, vr. 'AJ��i.�..�. .r.. �' ..r. ..__.i.:.4_.x....... ...�._.r. ... .... -r...::. ....wn._.:_.._ .•1.:.....n...�.., r.:N....YF'5.:....:w._...ui..`C'�..., .:l-isw. z...:^.'`..'.._._.3�.3bL'�f�r`.'YK.:�.�_ J. �c�4.1:�:_.7i�Y....¢i..:_ ...kc. =..Y1..3..r5.:;§?..:" SECTION III. BACKGROUND INFORMATION The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters 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, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: PHELPS ANNEXATION ZCA2008-00002 PAGE 2 OF 10 • • 1. Chapter 18.320.020: Approval Process and Standards. B. 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: 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 Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "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." Water — City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the provider of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops, it may be required to connect to the City stormwater system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located on SW 153`d Avenue, north of SW Bull Mountain Road. SW 153`d Avenue, designated a local street on the TSP, is proposed to be within the City upon annexation. The street currently appears similar • to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/developer will be required to construct street improvements to the City's standard if the street is within the City's boundary. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review,_staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 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 (Updated Version); Goal 11.1,Policy 4 Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 . (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 • • 1. ♦ 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 April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 153`d Avenue. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on May 6, 2008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the ' City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum.lot size of 5,000 square feet . The subject parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to 12 residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the subject parcel will be more feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop. In conclusion, the City's services have adequate capacity to serve the subject property if developed to the most intense use allowed; however, development will only be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets, police, fire protection) if developed to the density permitted, and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 • • Tigard_ b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff fords that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue is contiguous to the City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153`d Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a) (non-updated version) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets;police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 • • 4 u TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res.5 units/acre R-4_5 SFR 7,500 sq.ft. Low density 1-5 units/acre R-6 Res.6 units/acre R-7 SFR 5,000 sq.R Med density 6-12 units/acre R-9 Res.9 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med_density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial 1ND Industrial 1-L Light Industrial Light Industrials The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the subject parcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to the properties. Chapter 18.320.020 C. 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. 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. As.the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. PHELPS ANNEXATION ZCA2008-00002 • PAGE 6 OF 10 • • City of Tigard Community Development Code 2. 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 May 6, 2008, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 &May 15, 2008)prior to the May 27, 2008,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; 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 postec in four public places in the city 45 days prior to the hearing. Both owners of the subject parcel have 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 153`d Avenue, which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, public hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153`d Avenue. 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 (May 12, 2008 for an May 27, 2008, 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 • • (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; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (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 Washin3ton County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District anc the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002, the effective date of the annexation will be 30 days later on June 26, 2008. 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. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 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; 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 criteria 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, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. • The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation,but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. • PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 • SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. t�< 5/12/2008 PA' a:9 y Eng DATE Assistant Planner • 9 f ' 5/12/2008 REVIEWED BY: Richard Bewersd,, DATE Planning Manar-r • PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 . I i • S RBVEO kAY F an CM. - _ t: 4.1.(`00 May 27, 2008 P9 Afar eft-re-7- t2 wi Tigard City Council ' f-2) S -t Ala. c/o Ms. Emily Eng., Planner � 4_ 04 City of Tigard, Planning Department 13125 Hall Boulevard Tigard, OR 97223 Reference: Zone Change Annexation (ZCA) 2008-00002, Phelps Dear Planning Department, In regards to the annexation of the Phelps property, my wife and I have no objection. However, WE DO OBJECT to the annexation of our street, 153rd Avenue. We hereby request that 153`d Avenue not be annexed at this time, as the annexation of the street is not necessary for the annexation of the Phelps' property. Should our property be annexed to the City of Tigard in the future then we would agree that the annexation of the street would be appropriate. To do so at this time would have our lot, currently in the unincorporated area of Washington County, accessed and fronted by a street in another jurisdiction. We believe this to inappropriate as well as unnecessary to the Phelps annexation. Thank you. Sincerely, Gregory and Linda Parsons 15315 SW Bull Mountain Road (A.K.A. 153rd Ave at North end of street, Phelps property borders ours) Portland, Oregon. 97224 • • Emily Eng From: Gregory A Parsons[parexc @aol.com] Sent: Tuesday, May 27, 2008 4:17 PM To: Emily Eng Subject: PHELPS ANNEXATION --REJECTION OF 153rd AVE ANNEX--from Parsons, Gregory Attachments: GP-Tigard_Annexation[1].pdf PHELPS ANNEXATION --REJECTION OF 153rd AVE ANNEX-- from Parsons, Gregory Please see the attached 1 page PDF regarding the zone change ZCA 2008-00002 THANK YOU GREGORY A PARSONS PARSONS EXCAVATING, INC. 503-590-3500 main 503-691-6800 fax Visit us at www.parsonsexcavating.com If you experience any difficulties in receiving this transmission, please contact our office at(503) 590-3500 This FAX-EMAIL message and attached information are confidential and protected by legal privilege. If you are not the intended recipient, any disclosure,copying, distribution or other use of this message is prohibited. If you have received this message in error, please notify us immediately and delete this message. Thank You Stay informed, get connected and more with AOL on your phone. 1 . - • Emily Eng From: Barracuda Spam Firewall [louis @tigard-or.gov] Sent: Wednesday, May 28, 2008 8:02 AM To: Emily Eng Subject: Spam Quarantine Summary Attachments: ATT00001.gif; ATT00002.gif AAA Spam Quarantine Summary NfTWORX$ Account: emily @tigard-or.gov This is your quarantine summary from the Barracuda Spam Firewall. You have 1 messages in your spam quarantine inbox. • Click on the Deliver link to have a message delivered to your mailbox. • Click on the Whitelist link to have a message delivered to your mailbox and whitelist the sender so that his/her messages will no longer be quarantined. • Click the Delete link to have the message deleted from your quarantine. Time Received From Subject Actions Gregory A Parsons PHELPS ANNEXATION --REJECTION 05/27/08 16:17:56 Gregory OF 153rd AVE ANNEX-- from Deliver Whitelist Delete Parsons, Gregory To view your entire quarantine inbox or manage your preferences, click here. Spam/Vinn Protection By 441NOWNA 1 May 27, 2008 • 'two Tigard City Council a-Toq do Ms. Emily Eng, Planner City of Tigard, Planning Department 13125 Hall Boulevard Tigard, OR 97223 Re: Zone Change Annexation (ZCA) 2008-00002. Phelps Dear Councilors. Let it be known that we have no objection to the annexation of David and Jeanette Phelps' property (15305 SW 153"1 Avenue) into the City of Tigard. However,we do object to the annexation of our street, 153"1 Avenue. Since the annexation.of the street is riot necessary to the annexation of the Phelps' property,we request that 153"1 Avenue not be annexed at this time. if, at some point in the future, our property were to be annexed to the City of Tigard,we would concur that the annexation of the street would be appropriate. However, to do so at this time would have our lot, currently in the unincorporated area of Washington County, accessed and fronted by a street in another - jurisdiction, We believe this to be not only unnecessary to the Phelps annexation, but also inappropriate. Again,we support the application by the Phelps', but object to the annexation of our street, 153"1 Avenue. Sincerely, 4.-011/ Z.416&' *r: Jim and Marti Willis 15285 SW Bull Mountain Road Tibard, Or 97224 (situs on 153rd Avenue) cc: David and Jeanette Phelps David and Christine Dunn Greg and Linda Parsons Kathy Lehtola, Director, Department of Land Use and Transportation, Washington County, OR • • • i• •4Jciidam May 13, 2008 a ?u6/ic test., Tigard City Council do Ms. Emily Eng, Planner City of Tigard, Planning Department 13125 Hall Boulevard Tigard, OR 97223 Re: Zone Change Annexation (ZCA) 2008-00002, Phelps • Dear Councilors, My wife and I have no objection whatsoever to the annexation of David and Jeanette Phelps' property(15305 SW 153`d Avenue) into the City of Tigard. However, we do object to the annexation of our street, 153` Avenue. Since the annexation of the street is not necessary to the annexation of the Phelps' property, we request that 153'd Avenue not be annexed at this time. If, at some point in the future, our property were to be annexed to the City of Tigard, we would concur that the annexation of the street would be appropriate. However, to do so at this time would have our lot, currently in the unincorporated area of Washington County, accessed and fronted by a street in another jurisdiction . We believe this to be not only unnecessary to the Phelps annexation, but also inappropriate. • Again, we support the application by the Phelps', but object to the annexation of our • • street, 153`d Avenue. • Sincerel _ Christine and David Dunn • 15295 SW Bull Mountain Road (situs on 153rd Avenue) • cc: David and Jeanette Phelps James and Marti Willis Greg and Linda Parsons Kathy Lehtola, Director,Department of Land Use and Transportation, Washington County, OR . • • . . THE PUBLIC HEARING ON THIS MAT TER 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. 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. 243$ (VOICE) OR 503-684-2772'(TDD .- - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO TESS 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 COUNCH 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:AVAILABT F FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254!) 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,EMILY ENG AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO emily(atigard-or.gov. -- , t,,. ------- , : i .......,........,.. -...c, . • . ' I 1. - . ; •-..; VICINITY MAP . : . t \ i • F TIGARD A2008-00002 CITY OF i.—___ • . : ,i . . . ... ......_ , • -: ::-- ...' • PHELPS ANNEXATION ,----- i fil " / I• : . . „ • .,...----.-1 1_-___ i ,1 : i----1; I__ j 1 ----- - :-.--,, c.,42---...-..._....4....-...1__L____ . I SUBJECT SITE . ',...,./ Proposed Properryt: ! / tsy;\ T45.be Anne*•____::---_. ------ . , ; . . , ; ,e■ . ig7- .r-1-)4r" '..:°-#1HH',,,,, t .i . • • "„ i': ' - • - •., • .Proposed Right-of-Way ::_ 4...:„_ 14 , , , j<i2 1•_. : , WASHINGTON COUNTY—tr'''''''"'''' .. . ti ' / . ' : ;C''. .-,: ■ r''..% -.'•-•-...-- i . I ! •i : r—jA iell • ■ , . : . 1 it . ! --; f"----7------,..., .-_,.L. : ; . : i ,.._.,.! J i '' " "s:* '' '''**". ! : ' :! i g--- ----77-•=7-7 == 4) -:: i N ri • Or . , . '--i .—_.-- ' : • . ' ', .Y4-`1 ii =i1:41: , 1--, I . ; : I. • ■ /2 .....--_. , : .-.>"■,-./ i i. ..=...."=.... 'Corraunay Developmem Ft.■date:May 0.2008:ClmaglOMAG ICCO.APR • • • EXHIBIT A • a 0'1;02-0_0, rS)D/1 Phelps Annexation Description /'�-2 d 6 8 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of"Wonder View Estates"; • Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; • Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated • course; • Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of "Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; de is d Thence N 00° 05' E 200.00 feet to a point eing 15.00 feet east of an angle oint on the east line of said lot 3; d.t S+u.s4 c cal c4- her e . • .J Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point; Thence S 89° 49' W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05'E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. • r AGENDA ITEM NO. 2 - CTZZEN COMMUNICATION : May 27, 2008 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record NAME,ADDRESS&PHONE TOPIC STAFF Please Print CONTACTED Name: xaWAX, S'7. Also,please spell your name as it sounds,if it will o T vj 45/6. help the presiding officer pronounce: /c•Jz71d7e /rif9f/Gy 3 S7_ (/Gfr s X447 Address /®iz J City //' S State /Z- Zip ,7e7/ Phone No. /.07-67.-03.0 Name:dirt. OA 3 Also please spell your name as it sounds,if it will I y— S help the presiding officer pronounce: /?'.J' Ex A 1-/d",) 2'66,Y/Ni S / d.- ph/ELF 1q20P, Address ' 2 ( S AJ Eau- /n7,.! RD City 767720 State 02 Zip q 7)1'1 Phone No. 5-03 -S' d -1°2- Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 111 diDOR 34-P458-2008 WPreliminary Review (---------OREGON DEPARTMENT .4/OF REVENUE Cadastral Information Systems Unit friP i'12:,:NUAIG PO Box 14380 Salem, OR 97309-5075 MAY 2 1 2008 (503) 945-8297, fax 945-8737 City of Tigard Assistant Planner CITY OF TIGARD Attn: Emily Eng 13125 SW Hall Blvd Tigard, OR 97223 Date: 5/20/2008 _e4 This letter is to inform you that the map and description for your PLANNED Phelps Annexation in iq Washington County have been reviewed per your request. They DO NOT MEET the requirementelforbse 4,. \ - 1,t',EI with an Order, Ordinance, or Resolution in accordance ORS 308.225. 4,.'FP L'::''‘i \; / Exhibit A: ..,--7 ',. '::::,:: ):::,' - ),• d . ‘, " ,e,, ' Line 11 "Thence N00°05'E 200.00' to a point being 15.00' east of an angle pointon-the east linkOf said lot 3„. Please break the line after 200.00' and start line 12 Thence S89°49'W to a point being 15.00' east of an angle pOir*ori,the OSt lideof said lot 3. Can you have the bearing and distance for line "12" placed on:mai:i7 ) 4 ;‘-) Ayi i ;i ,,,c,.!.,2:, : 1 (-- (::,,,, ,,,,,i...,, . )) 1,, ,N t (41 I- 1 '''11 : ,1 ,. t "': ':IA :j '''' i ,,,,i te.-„:,..;;;; 7 V (.‘/c.; r' 7 I4 1 ( l',,,e/ €.; (1 1 ) I„re" ',- ",f i v \\, i ,/':,...1 ) f iii:: ? '---"' 1 '''61`7e , I 1:'(''' E , ."-",..6 144 \,..- ,,--/ . : -.1, ' '' V If you have any questions please contact: Robert Ayers 503-945-8883 6 • II V" City of Tigard :i Tigard Business Meeting — Agenda PI&;GA.RI) g g TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) lilt MEETING DATE: May 27, 2008 MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 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 (TDD -Telecommunications Devices for the Deaf). 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 3:00 p.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/ AGENDA—May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of4 • II ti • 4. City of Tigard Tigard Business Meeting — Agenda Tz-G:A> D g g g ....4.... ,rn^ a5 irss.... �G_ ! .._...w...._ +.r. .Y p .„.",...„ ± _'.ve,th:,ao.t,, s..r sM4 M., - .NR"Vitnik t TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: May 27, 2008/6:30 p.m. Study Session and 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 ➢ TIGARD MUNCIPAL COURT ANNUAL REPORT • Staff Report: Administration Department > APPOINTMENT OF AD-HOC CITIZEN ADVISORY COMMITTEES • Staff Report: Community Development Department > NAMING LIBRARY PAVILION • Staff Report: Administration Department • 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. 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&T.iaison Reports 1.5 Call to Council and Staff for Non-Agenda Items T IGARD CITY COUNCIL/LCRB/ AGENDA— May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of • • 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard Area Chamber of Commerce Representative • Citizen Communication—Sign Up Sheet • Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) These items are considered to be routine and may be enacted in one motion without separate.discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes for March 11 and 18,2008 3.2 Local Contract Review Board: a. Approve Contract Amendment No. 1 for Right-of-Way Acquisition Services for the SW Burnham Street Improvement Project • 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!City Center Development Agency has voted on those items which do not need discussion. 4. QUASI-JUDICIAL PUBLIC HEARING—PHFI PS ANNEXATION (ZCA 2008-00002) REQUEST: Annexation of two (2) parcels on SW 153rd Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153"'Avenue from the point adjoining Tax Lot 1000 to the right-of- way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise Lane;Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000,and WCTM 2S105DC,Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single- family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1;ORS Chapter 222; and Metro Code Chapter 3.09. TIGARD CITY COUNCIL/LCRB/ AGENDA—May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 3 of4 • . .. a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure 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 - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 08- 5. CONSIDER RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PORTIONS OF RECENTLY ADOPIED ETHICS LAWS • Staff Report: Administration Depaitiuent • Council Consideration: Resolution No. 08- 6. CONSIDER AMENDING THE PROCEDURES FOR NOMINATION OF MAYOR AND CITY COUNCIL CANDIDATES • Staff Report: Administration Department • Council Consideration: Ordinance No. 08- , Resolution No. 08- and Resolution No. 08- 7. COUNCIL LIAISON REPORTS 8. NON-AGENDA ITEMS 9. 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. 10. ADJOURNMENT I:\ADM\Cathy\CCA\2008\080527 businessP.doc TIGARD CITY COUNCIL/LCRB/ AGENDA— May 27, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 ( www.tigard-or.gov I Page 4 of r' r T • Agenda Item# Meeting Date 5/27/2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide ZCA2008-00002/Phelps Annexation Prepared By: Emily Eng Dept Head Approval: ..,"C City Mgr Approval: 0 ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of one parcel containing 3.66 acres of land (Zone Change Annexation - ZCA2008-00002) and adjoining right-of-way on SW 153`d Avenue for a total of 4.12 acres of land to the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the proposed territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area,contiguous to the southeast corner of the previous Cach Creek Area Annexation. The subject parcel is contiguous to the City by a point. The property is located at the north end of SW 153rd Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. A single family home exists on the parcel. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of-way is 0.46 acre. Based only on property size, the estimated maximum density of the parcel is 25 residential units. However, taking into account sensitive land areas, staff estimates that the maximum density would be closer to 12 units. Water, street maintenance,police and fire protection services are available to serve the property if developed to its maximum density. Sewer and stormwater connections are also available, but development is unlikely until the connections are brought closer to the property, such as through the construction of the recently approved Sunrise Lane Subdivision project in the vicinity. The property owners do not have immediate or known plans to subdivide their parcel. The two owners of the subject parcel have consented to the annexation. The City invited adjacent and nearby property owners to join the annexation and received one petition to join;however,the petition was withdrawn later in the process. The City is authorized by ORS 222.120 to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). - • Key findings: 1. The proposed territory is contiguous to Tigard's City limits; 2. Urban services are available to serve the subject parcel; 3. The owners of the subject parcel have consented to the annexation; 4. The proposed territory is within Tigard's Urban Growth Boundary and Metro's Urban Growth Boundary;and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED A)Adopt alternate ordinance (Attachment 2);or B)Adopt findings to deny the annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 4.12 Acres Exhibit A: Legal Description- Subject Parcel Exhibit B: Legal Description- Proposed Right-of-Way Exhibit C: Tax Map for Subject Parcel and Proposed Right-of-Way Exhibit D Survey Map for Proposed Right-of-Way Exhibit E: Applicant's Petition to Annex Exhibit F: Vicinity Map Exhibit G: Staff Report to the City Council dated 5/12/08 Attachment 2: Proposed Alternate Ordinance Annexing 3.66 Acres Exhibit A: Legal Description of Subject Parcel Exhibit B: Tax Map for Subject Parcel Exhibit C: Applicant's Petition to Annex Exhibit D: Vicinity Map Exhibit E: Staff Report to the City Council dated 5/12/08 FISCAL NOTES If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2009. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. r t •ITY OF TIGARD, OREGON • Attachment 1 • TIGARD CITY COUNCIL ORDINANCE NO. 2008- AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCF.I, AND RIGHT-OF-WAY, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINl'ENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and 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 Tigard Water District, 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 May 27, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located on SW 153rd Avenue and adjoining right-of-way, and withdrawal of said parcel from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; 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 Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on May 27, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, 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 most closely conforming to the County zoning 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. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described in the attached Exhibit "A" and shown in Exhibit "C" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council hereby annexes the right-of-way described in the attached Exhibit `B" and shown in Exhibit "C" and "D". SECTION 3: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "G" and incorporated herein by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including 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 6: 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 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 8: 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 , 2008. Cathy Wheatley, City Recorder , 1110 0 APPROVED:By Tigard City Council this day of , 2008. Craig Dirksen, Mayor Approved as to form: City Attorney Date • ,..„„ttcgt EXHIBIT A Property Description for Map 2S108AB,Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian,Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of'Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05'E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49'W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21.feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3,being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. - EXHIBIT A Phelps Annexation Description The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian,Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of'Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49'E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05'E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres,more or less. EXHIBIT B •VII IIYdC1I1C S.W. 153rd Avenue City of Tigard Annexation RIGHT-OF-WAY ANNEXATION A parcel of land lying in the northeast one-quarter of Section 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, said parcel described specifically as follows: Beginning at the southeast corner of that tract of land conveyed to Teresa B. Hilliard by statutory warranty deed recorded October 11, 2000 in Document No. 2000082842, Washington County Deed Records, said southeast corner being on the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147'/2; Thence, from said point of beginning, leaving the centerline of S.W. Bull Mountain Road,North 05°24'00" East, along the easterly line of said Hilliard tract, a portion of which is also the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 289.00 feet to a point of curvature at the northeast corner of said Hilliard tract; Thence, along the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave westerly, the central angle of which is 39°01'25", the long chord of which bears North 14°06'42" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of reverse curvature; Thence, along the westerly, northerly, and easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", along the arc of a 40.00 foot radius curve, concave southerly, the central angle of which is 258°02'51", the long chord of which bears South 84°36'00" East, a distance of 62.15 feet, an arc length of 180.15 feet to a point of reverse curvature; Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave easterly, the central Page 1 of 2 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 • r 503.526.0775 • www.whpacific.com 0 0 ' WHPaclfic angle of which is 39°01'25", the long chord of which bears South 24°54'43" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of tangency; Thence, South 05°24'00" West, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 248.34 feet to a point of curvature; Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 20.00 foot radius curve, concave northeasterly, the central angle of which is 82°00'00", the long chord of which bears South 35°36'00"East, a distance of 26.24 feet, an arc length of 28.62 feet to the north right-of-way line of S.W. Bull Mountain Road as dedicated in the plat of"Wonder View Estates"; Thence, leaving said north right-of-way line of S.W. Bull Mountain Road,South 13°24'00" West, perpendicular to the centerline thereof, a distance of 30.00 to the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147`/2; Thence, North 76°36'00" West, along said centerline of S.W. Bull Mountain Road, a distance of 63.66 feet to the point of beginning. The parcel of land to which this description applies contains 20,454 square feet more or less. Bearings are based upon the plat of"Wonder View Estates". REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 20. 1989 .GARY P. CHRISTERSON 2377 RENEWAL: DECEMBER 31, 2009 • P:\City of Tigard\034152\Survey\Documents\I 53rdAnnex-Lega1050708.doc • Page 2 of 2 NW 1/4 NE I/4 SECTION .8 T2S RIW W.M. 2S I 8A8 WASHINGTON COUNTY OREGON • 10° SCALE I°. 100 1200 U E$Jf ee. 2 MAP $ S I 5 1-1 p !Oren (SUNRnSE LANE) I��r/1 1 4'_= + .e►w•a mrMAT ewe wee )∎1 sues " e .-7:r ` 1Ir ma I ( 1Mrfl rem x.re re./sef I ,,M««•I sass ~r.I 101 -�et tt ma.—r,f.«« 34A 1 1 00 1000 l.lD Ac. I 1211 l.Ii Ie. 4 ICS 13,1611 0_ W A GA/MILL.w fon 5 bl Roo, 1.11,∎we.rot,x«,.r.r,A yl I - - —••s_. yl y r y = 102 100 • lJDIr. /.OJ At I 2 3 1 •..0110053 2 - l • 0 x.CM ON1., ZI W c7 N D ; .....1 V 1 E W zoo g aI ._ eIr J .` C.S.7356 I ru NM se's nne , 1.I SEE MAP SEE MAP •'� 1001 700 S00 1 I ES I BAA N 28 I BOA 'I j _ 10 •a • 1300 1400 a : !i .PlAt /.ItAe. 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'dl�aT.'«ee ,. _ t« 1 _ 1« 0 o•frt In 1\ SEE MAP 2 5 I BAC 2S 1 8A8 EXHIBIT D LOT 2 sfli • R=40.00' d=25802'51'' LoT 3 \ L=180.15' LC=S84'36'00"E, 62.15' -R=27.23'• — — — d=39 01'25" R=27.23 2s' 2s' i L=18.55' A=39'01'25" I ,yy LC=S24'54'43"W, L=18.55' A\ 18.19' LC=N14'06'42"W, j 18.19' QI DOC. NO. 2000082842 0 3 (S.0 LU p O J O R7 d' ,,-.; e1. O l() N N N 1:6 NI- h 2 N I LOT 4 I 0' R=20.00' d=82'00'00" POINT OF BEGINNING Lti L=28.62' AT SOUTHEAST Q LC=S35'36'00'E, CORNER OF DOC. NO. 26.24' 2000082842 I 25' 25' O 30.00' / BULL S1324'00"W N CDUNT h RDAD 6J 66 / fr, M Ui' N ° q/Ai o)s — D `X4/,1/2 r- 0 0 F SCALE N 0 30 60 120 k N ICJ - -A---$,, ( FEET ) 0 ��br 1 INCH = 60 FT X 1 D n DESIGNED BY: CPC CHECKED BY: CPC WHPacific DRAWN BY: TEN APPROVED BY: CPC CITY OF TIGARD h LAST EDIT: 05/08/08 PLOT DATE: OS/08/08 9755 SW Barnes Rd, o- DATE BY REVISION CK'DAPPR Suite 300 ANNEXATION MAP Portland,OR 97225 S. W. 153RD AVENUE 503-626-0455 NAME CO. OR a Fax 503-526-0775 SCALE: PROJECT NO. DRAWING FILE NAME: SHEET d www.whpacific.com 1'=60' l 034152 l 34152-SURV-EX001 1 1 L O J TO THE COUNCIL OF THE CITY OF TIGARD, OREGON.: W We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and F,_, give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with 1--+ ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. W LEGEND: PO- Property Owner • RV- Registered Voter PAGE OF OV- Property Owner& Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct PATE _ Section Number Number Number k3-14/11--641, J( 1e} -e /)Itelp5 X l53a55(4) L, -.5:3. Pi) , 2 $/ ' /000 %/0 1/25"/c8 .V David' S Phelps n 15'3oS 5w' /53 RI=. 2. 5 Is . toot, 1/ d '/A5/6s •: - • i i:l curpin\masters\revised\anxpetn.mst 15-Aug-02 _ f Jn y I CITY of TIGARD ^-- I I •' GEOGRAPHIC INFORMATION SYSTEM w I I - VICINITY MAP Imi H ________. . �, \----7----; ; I 1, ; ZCA2008 00002 1 w ' 1 CITY OF TIGARD ! -- �_ PHELPS ER LN ANNEXATION j ! H -aillb-Mip-Mo-INO-41110-ala . L , i r---1- tCity Bounda , .....L I L_ ,� _su4��s �__ UB ECTSITE s J Qv .. I Proposed Prope r-; )Sh, to be Annexed y y..,._.,_ .v.....°_ a,, I— 'u v`YI Proposed Right-of-Way /% __�_____ 1 4,„' •- I—i r be Annexed ' ..............t---,G� ....,.�......,...,.._.�...... .. ..... v • 0Cr lio,, / 111!2 •Ai nC `I `I �SHA C1 -0 L I N O 11 i Tigard Area Map Al I I 111 lig I I • � ___ r`\�,`z 0 80 160 240--3 20 400 Feet 1-'313 feet-rte 1 2 ,-.1"---------J1 NNW [ Ta11.4741+1,M ` :,?11 , 7:44/- ,•!':',:,,,,,a....„...:...,,i.:,,,, IN RD cot SW N� A� Information on this map is for general location only and r--� y I- should be verified with the Development Services Division. CO 0 13125 SW Hall Blvd Tigard,OR 97223 .� / I (503)639-4171 /[\ http;llw W.Ci.tigard.or.us \ ----- Pint rfatr?.May 6.2(Infi:C..\mankt\MAGIC03.AP f`nmm,mihl flovelnnmcn} EXHIBIT,G - , • Agenda Item: Hearing Date: May 27,2008 Time: 7:30 PM ;'.r-_1r[ti' ii: ,,,;iiarr'-:4+.L.�isrr: `:' ..;i5` i=t+:':• ,.t�' .._?>-ss'.,�,•1' =i:�,;- '^.,F."�F,.=.i.':ai n �i, .13'i;:t,'...ik>:s'�-a"•�r i`^' y;Sf,•^z' '•k^.�f.'�- sx,.a?f�� ti ''. .``" }`._•. ' .t.: '"?�"^-^r.- .r P;,s:=,t_ ,.t:.�''.,3:r;. __' ..4.• y:r.4�'' - '.";i7'..�r»::7-.':-:' L'; v;!'`.•:Fis'-: _ y-.. ,'-x✓'4.. yra,-a••- _ a:>-...-.rsi':. �.,},4;.:r. � �' ``�? ;ri .:��; .u�'`... - :-,+': '•'_ .33•- :!a.:�`_Wi ^: :?'S'c .r ''S.-;,.Tt. ",`;r-'>f �.. "r;?i€:n: - •�. - .7� ,n ..5�'f'�:...,,,. Y �:.�=; :' Srr:.,�>,..;.x:l., tr.3'.;:_'�,.v-f3:✓ti...„.�. ,t, _°f-:_. ,'s:;-:.• �P !"a- rr. :�. - r: eat•:':-.c;,.:;n.., ,;�f4i' CITY.COUN:CII e tf is _ - _ - f-k: yY:'.>. ':`�,4>..�.- � 4+��h' -2- :y 1 Is is a? :4t;4�:+r.d .�.,_ `:'si_ `y':” ':,f,. ;,r•,m.-::,7 ;;j.�;;_'; .Sid.-.*' _ �1''v'- :{'�'- :e:� {; .ri -s a�;;::•. j " •_- �t-i'� -:�.f�� :M.'�j�.«.-V.:�>-�.. .,g..._ •>.{.hr.-•,n.y- '14.w�:i�:'�"fi.�� ;�r.... .•1 '7 ay- } s; ` �µ _ ;�., .OREGON ;':*_. 0_ _, T G .CFO'R.=THE�CITY,OF,:TIGARD,�-,.. .v, f :�.:.Y, :Y.:v=..:g :.F.fit, .r. -'`'.':Y'." r;. " w ` ....'.r;.;`n-..i�'.�� - .,�•��_ .....a.�:.i=' . ...... ......_ <«•.. '..ail... .._ ,-... ..,„,w „_,., ,� -...,._..... • 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ OWNERS: David S. and Jeanette Phelps PO Box 551 Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue;Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% oft the minimum lot size allowed in the underlying zoning district. PHELPS ANNEXATION ZCA2008-00002 PAGE 1 OF 10 . • APPLICABLE REVIEW CRITERIA: 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION ,.y - f, " r d Vii:" •`,, z.' ;A"St �recommends tl[ e off' • it W ~r s, ..._ Y�. un �, ,d�tat�`'.'the proposedannexation��t"L•EA206$-00002)�mee� .��.. ,N' ...��,,n f.�}° p•'.S F-,f«' KaA".S' 'AWRip:a #a '!.t . 'f'.•��, '«>�.a.�"�^�'f�:s�;i.`�t"c�.ae��i!:�''-"�'�t"Y� �°'s,•:Y' ' :'}�`�`,'�'r+"'a. '�1'S`�""Y>. =Y' % ;�z�a_. �+`se�.� 4144-w..,-_�...• �, e tap royal ent;_ 'i ntified in{,git&,�Cha to 2 ,, 1�ietro Code Chapter-3,ti09,' Comm $ � �"'' ifc-'4+$w^..fs.' r�: ;'x" z "„3S°' `�i.�£e R=e"" ;..„42,145N, y`K�r'' '4a° :'e�` S�>F°a`}.': �.;' ,' T.z 'R•-`• Development�Codey R,' 0 a 41 ,,.2 ,e.folio ! ,Com reli ve:Plan Go'Is�• " �PV:' Y a ` '` 1. .''i. t-a `•f.', "a ._,r4ti {s _,4; '� :'_A sr` = i '�Ce G. ''i S. fi ate -versa n) lss`oal to 1 Version' ' Goal i ;.Po ohcie��'G�ia,�.�� .:�p`'::��� '�;v= I' lieS?' � �P� .,j''.,- �� t �q '' t——1"sion)"sU d P li 1 f o �u o ' 0 Vers b �Therefotre .staff rre o ,, „e,,,,I.-2.. LAPP VAL of.Z�, ,, i j 2c +optto wofthe�'attac too ' �it �°".>;.N r ; x ps5- { ^ n. w,,. �.rr�.w,Mfle,x ufi e s•e m :: '' `,1 +." ,41: :dw0Y-• "t. �s' - ^.'<•+L�lzs' �"� ��'' .,n s���.P,fj;•.�`1. •�'�.S .At�:Z .`s���•��+ha'�::r'.� .ini�i.:n.'G.'izer..P„•:...�fzr..-..'..?r`p4..^;e,',:•.;;(t.� Y;'_.r.�i.c:2 SECTION III. BACKGROUND INFORMATION The roposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the north end of SW 15r Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters 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, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: PHELPS ANNEXATION • ZCA2008-00002 PAGE 2 OF 10 • 1. Chapter 18.320.020: Approval Process and Standards. B. 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: 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 Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets,police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "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." Water — City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the provider of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops,it may be required to connect to the City stormwater system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located on SW 153 Avenue, north of SW Bull Mountain Road. SW 153`d Avenue, designated a local street on the TSP, is proposed to be within the City upon annexation. The street currently appears similar to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/developer will be required to construct street improvements to the City's standard if the street is within the City's boundary. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 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 (Updated Version); Goal 11.1,Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 • • 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 April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 153rd Avenue. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on May 6, 2008,including former members of'Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore,this policy is met. Goal 11.3 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer;3. Drainage;4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet . The subject parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate capacity to serve the annexation area water, sewer, drainage, streets, police, fire protection) if developed to 12 residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the subject parcel will be more feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop. In conclusion, the City's services have adequate capacity to serve the subject property if developed to the most intense use allowed; however, development will on_y be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets,police, fire protection) if developed to the density permitted, and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 • Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue is contiguous tom e City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153 Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a) (non-updated version) demonstrated, the annexation can be accommodated by the following services:water, sewer, drainage; streets;police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 • • TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res.5 units/acre R-4.5 SFR 7,500 sq.ft. Low density 1-5 units/acre R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft. Med.density 6-12 units/acre R-9 Res.9 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre • R-12 Res. 12 units/acre R-12 Multi-family 12 traits/acre Med.density 6-12 units/acre R-15 Res.15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 twits/acre R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrials The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the subject arcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to the properties. Chapter 18.320.020 C.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. 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. As"the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. PHELPS ANNEXATION ZCA2008-00002 PAGE 6 OF 10 • City of Tigard Community Development Code 2. 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 May 6, 2008, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, 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; 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. Both owners of the subject parcel have 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 153rd Avenue,which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, ublic hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153`d Avenue. 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 (May 12, 2008 for an May 27, 2008, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(6) &(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 resently 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 • • (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; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (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,Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002,the effective date of the annexation will be 30 days later on June 26, 2008. 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. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. • PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 • • 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; 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 criteria 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, and meets,all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation, but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 • • SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. 5/12/2008 PA' .i Eng DATE Assistant Planner _ f (� 5/12/2008 REVIEWED BY: - Richard Bewersdxf DA'Z'E Planning Manar r PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 • • Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2008- AN ORDINANCE ANNEXING 3.66 ACRES OF LAND, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and 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 Tigard Water District, Washington County Enhanced Sheriff's 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 May 27, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located on SW 153rd Avenue and withdrawal of said parcel from the Tigard Water.District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; 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 Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District on May 27, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriff's 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 most closely conforming to the County zoning; 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 WH EREAS, the Tigard City ry Council has carefully considered the testimy y 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. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, 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" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "E" 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 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: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1,2009. SECTION 7: 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 , 2008. Cathy Wheatley, City Recorder - r • • APPROVED:By Tigard City Council this day of , 2008. Craig Dirksen, Mayor Approved as to form: City Attorney Date Its 'Lem EXHIBIT A Property Description for Map 2S108AB,Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of"Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153rd Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49'E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05'E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21.feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3,being 205.00 feet to the point of beginning; Thence N 00° 05'E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. EXHIBIT A • • • Phelps Annexation Description The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of'Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. 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I•rAI , ..I SW LANE J1AC. r I S - sro „3200 • / 1904 1502 _ [>: - .1147.. o SEE MAP AIAe. 2300 2700 2500 9 p 131 .r L -6 w 29 I BAD n I/, a 7..•Si. .. .. .. . ...At, .•r•V. n• no 1 rta •""'IM \ • • SEE MAP 2 5 I SAC 2S 1 8A8 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 g7 give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with Z x 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 OF OV- Property Owner& Registered Voter 40 I AM A PROPERTY DESCRIPTION • SIGNATURE PRINTED NAME PO RV OV • ADDRESS Township/ Map Tax Lot Precinct P'TE _ Section Number Number . Number "ay)Ffte /)die/ 5 X /53c5-5(A).:J_53' A0 . 2S . 000 4/O V2s10$ .,�. David S Ply.Ip, n ! 1530T SW I53 " 25IS 1000 / O '/ / ' • • • • • ti is\curpin\masters\revised\anxpetn.mst 15-Aug-02 ._ � r -- . CITY of TIGARD _�--�5�� — / GEOGRAPHIC INFORMATION SYSTEM A VICINITY MAP F ir o, .. ..fir ZCA2008-00002 w PHELPS CITY OF TI ANNEXATION 1 ARD BAKER LN_'-- -�__I r I 1 ' CityBounda ...... i 1 LEGEND: ! - .:-_M L___- SUBJECT / SITE lilt � Proposed Prope 6, ‘)1:1!' ._.-., to be Annexed w ;= <i N r \ If iiLT.Hi RO- Q ' 1 RGNI alk 0 ..--"------------ A F. - '''s r l , � � O s % aEf E - H / I i • Q VJ 41111111111111 1111 Q Tigard Area Map � - 0 r N CT W HSHING M COUNTY 0 80 160 240 320 400 Feet 111 aaar►✓✓✓a l'=315 feel Mill Z 2 TIGAD; ,...,.:u —� R c Information on this is for general location only and CO 13125 SW Hall Blvd 1 Tigard,OR 97223 (503)639-4171 .L MOUNTAIN RD s NE /1 I 1 1 QZ (503)639.4171 http://www.ci.tigard.or.us Plot date: May 12,2008;C:\magic\MAGIC03.APR l^.nmmunitu 1'lotrolnnmant . EXHIBIT E • - Agenda Item: Hearing Date: May 27,2008 Time: 7:30 PM - .,'r�53�=• .$':;r ' *;;,<-�l'k.-n.• :97.t.,: a. :;? -rs!t£o't;i:.i�';��'•- 'ta>s::=.�r'�q•; ; - "..,�.. �=- '::h>:. :J s ' t�_�: y_. _sa•..:�;_.. _ r:k i.r. rY,i:•'F• t�%i'+- �'• „3' - '} f_; ,;.-.s :i' p.a,?.'':i`, r:s•.:: :,vax. F�REPO.RT�T�O,T-HE: . - a_•.��. -- .''�?;'` :.:sip u3; `�-+�i.-.. �f' f a °;c.-,.., rrr�. ,fir`:. _ Li'..r�`'>•.....c..,=.• kyr;'.f]. - "".:' {�� '.gip i, `.>-�•. ..$_*'f ?~s _ _ _ .:h;.,r4; •l,^ ,1 YY` _t :-fn. ".J 3..:,- _.6.2" -:;3.`'•i, '�Al r't:r-f...n...=C°k'. :r 7;�'"'�': �,''�'a',`, _•;'' .4. b� 'i�� 4c^,}-��er+m:�:..��'t•.. �i�i'::aa�. 'o�=? r-,- . t" - :3r.. •%°?,�'?.:,C.rr-<xsti}�.,�`:F...r=0"3;''��r' •'r Y .';" T`£a �•__ _a"'s'��:<'�%:`„T(. _ -..*.. t.R;” : ,.tea, t's5?ii.'.k3.,,«, _.5 i. FY:: ..{.Fa�_ .i,..fi.;. «f'i. .0 PS „A'•� :'t- .�': .�e'=::'� :�"� _ •1. • „,, :�_h- �f> CITY CO:UN:CIL:��,. :�,..s. • ,� ,>~<� �: .�=�� 4� ' 3 '; `�"Fro;� "`'�'c..t.'�rh` ` ..+ ?r r-4•ca;:,_�� r�-£ 'rS,�i :�:. ``. ,>•"7*'r:.�t ..rte r rz'^.• :: ...sY .nr -L3� '•F t _,nx.r-,.., sib”;;�:i ':.5}•" »+ti"'�-i i, +.4.' .ri.'»t.:^Y•:}' "b?. �.,..-'�- e f:fict-r. �_.- ,..;,.. '.r=-.,..:. �¢a. 'Y,'' _. ::�c .s.•Ys�-.',:;.'.� y .^uF. a..,.. 3._, sn_-.r 7... .t n. :_3'c'.:_^.''S +:P..., :,F� t_.« „ - �2 Y}..�,'U' .SHY'... _ ry�r F x ; :; . _'_` TI-GARD'- z f �R��TH�E CIS �:z�-r{OF-tT I=� ® OREG:ON.���_:•,�.- rF'. •ry`s'.,rr; .t aa.m�> ;'fie'.'"4[tf.+e.'t •ssa.. �,3 '... Fy.; rIj .rye p .i' �.�j!! • +.''�'•Jt..-.. -i••Y''`.+.. .4;Y4 r. `T. .=.�?''=,�-..a ".'lc -.5�.4'-tri!?•�.`.Y-n—._:7+a.:its.`:�'fjF'aLiFn.'`:xy".}'iy;.�.;::�i•'"L'.'..j.!.> 1...:... .. t 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ OWNERS: David S. and Jeanette Phelps PO Box 551 Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue;Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre,except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision,lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. • PHELPS ANNEXATION ZCA2008-00002 PAGE 1 OF 10 • • APPLICABLE REVIEW CRITERIA: 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 ppdated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION �'esF ,r"�� .�.ef; .�3:�`;x g:"" f� a� ; id's'.' ';s::?-�� ;x'3�' �::w^..^-'� tA-cy<�"....,�<+",�r 2?0'�. .rte kxni�pi4'�``�'�d.+��j."�,•.air .'. �9'.Ey NA� e r 'ti "f S �'n#r, . 'w r3F4?Gx,.'rw j;" .,°M""`r.le, ,1,b 043166/ : ::,4, '. ...,.‘i7 to recOmmendst tliat ,e Council , ,dy'' , ' _prop sed • , ,exatii n";(Z )a'„ ' �`r.`y:a 1i'7'iy 7 a z".•`�S�i k'it-T,..i '�d.�rTrr,4s ' —,.p.3 #ie3Y"s 'ml ' .,,.Y7+ '40,,iy.0 ,--. ,-.44.r.. '>I`^-aL'.0; i',: �1'.t', .14g the ap,royal crate, ash. Sdentifiedain ORS Chapter 222 Met o C, ,e "Cl a f 3(09 g'.41-:- - .- .Hsu., tf a =tt<` ,a'4..-s ;—ek,•f Ate. ? �. 4 r: K• ' 4a „,r ?Lt.' O Sn y�ode C to 8,320!an 8:3 and.tli`' fo o cuing Ca„pieh a P�_ 4,o cies alb pda Vpp.r g ; . I.,4..ri ,o cy 4t plot Ve on);,C oal ohc� `'�ii:.�. ;�r.`StT' _ „� .� r � �.:..��;•+��,�"���” � ��`�'r<:t.�.._.^�..�C� � ,.�;-:4W:`..:-itg � ,�c �='" .�. o�. �' y �x `�'`�,.�s;.��.�� i-i,a 'ted oin- `� , yx , . *",. ,}�on-U dted Vaersion)�t,' Sher_of D , s , a e a ,a e, •P OV I. I 1 1 1,Ivstia i , on of, e°ar�chedt`rdittan .. r �. x �j '',-i 4 '�ix „,!...,. .--,,,,m, ' s,,,`i' .?Tti'a' 'e e:.f , ,. ,?� ` Y.:;r,;>.'.w.2"."`„=:is` ':�":<''A',;�v t:::-lza 9'.",-'�w'.,'-s'i';Va'i '' 5,,, `'Y: ". a�v�• SECTION III. BACKGROUND INFORMATION The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters 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, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: • PHELPS ANNEXATION ZCA2008-00002 PAGE 2 OF 10 • 40 1. Chapter 18.320.020: Approval Process and Standards. B.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: 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 Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "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." Water— City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the provider,of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops,it may be required to connect to the City stormwater system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located on SW 153`d Avenue, north of SW Bull Mountain Road. SW 153'd Avenue, designated a local street on the TSP,is proposed to be within the City upon annexation. The street currently appears similar to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/developer will be required to construct street improvements to the City's standard if the street is within the City's boundary. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 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 (Updated Version); Goal 11.1,Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 • • • 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 April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 153`d Avenue. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of interested parties organized by geography: Notice was mailed to interested parties in the West area on May 6, 2008,including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore,this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage;4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet . The subject parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to 12 residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the subject parcel will be more feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop. In conclusion, the City's services have adequate capacity to serve the subject property if developed to the most intense use allowed;however, development will only be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets, police, fire protection) if developed to tie density permitted,and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of I Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 • • Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or"island" of unincorporated territory; or,b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary;e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject arcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue is contiguous to e City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153'd Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a) (non-updated version) demonstrated, the annexation can be accommodated by the following services:water, sewer, drainage;streets;police;and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 • • TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res.5 units/acre R-4.5 SFR 7,500 sq.ft. Low density 1-5 units/acre R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft. Med.density 6-12 units/acre ' R-9 Res.9 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial ' CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrials The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the subject arcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to the properties. Chapter 18.320.020 C. 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.Tn 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. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. PHELPS ANNEXATION ZCA2008-00002 PAGE 6 OF 10 • • • City of Tigard Community Development Code 2. 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 May 6, 2008, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15,2008) prior to the May 27, 2008,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; 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. Both owners of the subject parcel have 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 153`d Avenue,which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, public hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153 Avenue. 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 (May 12, 2008 for an May 27, 2008, 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 • • , (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; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (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,Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002, the effective date of the annexation will be 30 days later on June 26, 2008. 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. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 • 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; 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 criteria 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, and meets, all applicable comprehensive plan policies. 5.Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation,but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 • • SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. ,;� 5/12/2008 ARE /�c'.�;mly Eng DA Assistant Planner A. tam/ 5/12/2008 REVI WED BY: Richard Bewersdorw414 DATE Planning Manager•; PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 • • City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 11 1111 May 12, 2008 , AK R ®T3 _ - 4 Robert Ayers Department of Revenue Cadastral Information Systems Unit - PO Box 14380 Salem, OR 97309 RE: Request for Review of Legal Description and Exhibits for Proposed Annexation (ZCA2008-00002). • Dear Robert: Enclosed, please find the legal descriptions and maps for the proposed Phelps Annexation located at 15305 SW 153rd Avenue; Washington County Tax Map ID 2S108AB1000. The annexation includes one parcel and adjoining right-of-way. Exhibit "A" is a legal description for the parcel. Exhibit `B" is a legal description for the right-of-way. Exhibit "C" is a tax map with the entire annexation area outlined in RED. Exhibit "D" is a survey of the proposed right-of-way. Please review this information and respond with any necessary changes to be made prior to the annexation. Please also note that my title is Assistant Planner, not Finance Director. I appreciate your time. If you have any questions, please feel free to contact me at (503) 718-2712 or Emilyetigard-or.gov. Sincerely, • Emily Eng Assistant Planner Enclosures: Legal descriptions (Exhibits A&B);Tax Map(Exhibit C);Survey Map (Exhibit D). Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • EXHIBIT G • • Agenda Item: Hearing Date: May 27,2008 Time: 7:30 PM STAFF REPORT TO CITY COUNCIL` - - FOR-THE;CITY OF_-TIGARD OREGON T I GARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ OWNERS: David S. and Jeanette Phelps PO Box 551 Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue;Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. PHELPS ANNEXATION ZCA2008-00002 PAGE 1 OF 10 • • APPLICABLE REVIEW CRITERIA: 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 pdated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION -- _ x'e"` ;3'=5... -sa.},-..� „�.. .'':fAL^: L'S d?? t�.#�..,g-;?•v Y•35:,.2''.tz.,�a;::.z1m: :%u`r.:5'is':y ^..?:{t���.>- �`�';"'l :x.�;GY.F.;c:t .%S"�v`J�^ u..�StJ..aff 3:,.r!u'-esT^sc; o••km3a i,&.:..me;"�z n.._i.�t tt d?.-.i s a.....:Y�tsh: a,Xz t s v' a-i�#•;4,�• ox unyt'�?:'�✓'-'i:?'F cC�?y 2�?x il,ist+fi4;,ry. n..id:,L•.j-tf..hat,•:.,s`",f;.tt;:•.*h". .z-e p rop.�_',a�•o.�,.•.fis.Ys,::^.xts,,e•-?u•,.<,,u.d a.✓xsa.{n}.R:.#y.n.+a.£�e x�'•-t 3-a:•PtiM t,.:.io.,'.,.,?s^n ffi�`.'•r�di-�z£' C3""'k'`.Y'' 0 0,8 0t:c:. 0,",y%y 0�5T0�•'2•i:v'm;Lt,t.--rtbYe.'.A*'...'�!e:•: :3. t t':•.:zl�a=•y_l r13? %�w,�0?"ti � e:thet a 3 Proyal rcnteria:asfi entifiedin;OS4iCha ter;G222 : Jetroi;Code.,,Chapter 09 .Communit ,-4�n{ r�P2., V7&w :ra✓ ,-,-t✓ A' ,Develo pinept code ;Cha pters:18:320. atid.18 390;,a4 thefollo;R ComprehensiveKPlan_:Goals!arid'�r� �'3 i 5�.,�F+.c..r �i3� ' -�e=•;mss^'k-`3_, r::..:-€'f'.'.:�T •'sff �=M:.,y .„Policies:l4'Goal.1:1. _ , ted:Version} ;Goal' 11., Poli 4s.,- ted Version' r.Goal 113'�Poli 6•{ ':az' ,,_•:v; � . � - :> . :t'y`vm�s. ,.sa..- ;_��.i;'�ta i>`�. 2 -. . -.»��:p:;; r'�v',Tk.. �;; rl? tc. 1 .�_`� ssir.,�x, �•.i�':9.�.+'�..' 4;: "t044,4Vetsiori'•,:.:andf":Poh � ;>101 .� on=u ted,,,Versiori• .; ;Therefore;_.staff srecommends a:,r... .:#:`. •:^3..- ��rr.'.vP.C'.�� 'r'..> �.:`�... -.lhyy x;.b, k`3?.R.. ;.,, £ ..D. •:Lc't." .eft"-r.^,r_cI..Y,{r .w E.y,r: .2.. ..tr`. ;:ei.'x r`l?"•'.�`..'','�.'••�i,.,x.:'P" '`�`:.x }.'.'� S •>,:j ea, - n `,r x APPR®VAL of.,�CA2008-00002 ado aon��of�the�attached=ordivarice. ,Vj {.r P SS..•,,i yy .a;7ay`#^r.. 4;" '-3"r{eK.'t��f5.,,a..r:`.:l`?'-...._ ..,°•_'�:5'Q'3r't'�^i�'.i�.q..a..a.t�..a._r....a....- _..r}`�.-i .........•._�at:�'': Y=,'�•v.:iY,z'-:^.=✓..t._ ..il,'A.t..aX., --...a _� ...�1��i9'Si:.-.... ..... ,. ... L • SECTION III. BACKGROUND INFORMATION The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters 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, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: PHELPS ANNEXATION ZCA2008-00002 PAGE 2 OF 10 • • 1. Chapter 18.320.020: Approval Process and Standards. B. 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: 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 Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "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." Water — City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the provider of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops,it may be required to connect to the City stormwater system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located on SW 153rd Avenue, north of SW Bull Mountain Road. SW 153`d Avenue, designated a local street on the TSP,is proposed to be within the City upon annexation. The street currently appears similar to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/developer will be required to construct street improvements to the City's standard if the street is within the City s boundary. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 • • • 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 April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 153rd Avenue. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on May 6, 2008,including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore,this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet . The subject parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to 12 residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunnse Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the subject parcel will be more feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop. In conclusion, the City's services have adequate capacity to serve the subject property if developed to the most intense use allowed; however, development will only be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets, police, fire protection) if developed to tae density permitted, and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of i Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 • • Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for tie proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within th.e Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue is contiguous to the City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153`d Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a) (non-updated version) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets;police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: • PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 • • TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning city of Tigard Districts/Plan Designation Plan Designation R-5 Res.5 units/acre R-4.5 SFR 7,500 sq.ft. Low density 1-5 units/acre R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft Med.density 6-12 units/acre R-9 Res.9 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-15 Res.15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrials The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the subject parcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to the properties. Chapter 18.320.020 C. 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. 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. As.the previous section demonstrated, the Ciry of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. • PHELPS ANNEXATION ZCA2008-00002 PAGE 6 OF 10 • • City of Tigard Community Development Code 2. 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 May 6, 2008, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 &May 15, 2008) prior to the May 27, 2008, 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; 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 poster in four public places in the city 45 days prior to the hearing. Both owners of the subject parcel have 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 153`d Avenue, which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, public hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153rd Avenue. 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 (May 12, 2008 for an May 27, 2008, 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 • • (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; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (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 osed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002, the effective date of the annexation will be 30 days later on June 26, 2008. 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. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 • • 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; The proposed annexation will not interfere with the provision of public facilities or services because it is ti 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 criteria 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, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation,but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 • T • • SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. 5/12/2008 PAR i 1 • = 1 y Eng DATE Assistant Planner �- � ,� �%L'r✓ L'` • 5/12/2008 REVIEWED BY: Richard Bewersd4rf') DATE Planning Manayr PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 • e NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT(ODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER 7 17; • PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, MAY 27, 2008 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) 2008-00002 FILE TITLE: PHELPS ANNEXATION APPLICANT/ OWNER!: David S. and Jeanette Phelps PO Box 551 Tualatin,OR 97062 REQUEST: Annexation of one (1) 3.66-acre parcel on SW 153`d Avenue to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153`d Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City by a point at its northwest corner. NOTE: The legal notice that the City published in the Tigard Times Newspaper included two (2 properties with this ro osed annexation; however, the property owners of the second parcel withdrew their petition for annexation on 576 008. Therefore,this proposed annexation only includes one (1) parcel. LOCATION: 15305 SW 153" Avenue;Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by R Section 300-2 or Section 303-6. The intent of the 6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 Distnct. EQUIVALENT CITY ZONE: R-7: Medium Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Pohcy.4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. e • THE PUBLIC HEARING ON THIS MAT-TER 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. 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 WRITI'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 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. 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 TI IE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, EMILY ENG AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO emily(c?tigard-or.gov. `� Jti / of rir,:.eo �� \mil �� 1`� , VICINITY MAP . �� \ _-1 '1 CITY OF TIGARD ZCA2008 00002 + ' PHELPS �_-_-__- ! `_ , ANNEXATION i w� ; 1 'C1ryBo 1 1 - ; / i : 1 —i► 1 1 J A- ' j SUB CI SITE • Proposed Pro / 1 // • Po pert}l: iS to be Annexed -- L—T?° 7 7 • ■ . i= : Proposed Right-of-Way I // i —2, to be Annexed / --� i I _ f € z - r - _ � . i ` �� ,:_ . IN RD 't, sv —1-7-7 ,!—'--- 1`. I Hen�rb.mM.sbbP'��briens4'�'C i ^7�i��i.lvt===CwNyw 0.wbp�Y.ba.Z.',' I \ 1 N' Z.,". oma Community Development Plot date:May 6.2006:C:4nagIMMAGIC03.APR • I CITY of TIGARD .` GEOGRAPHIC INFORMATION SYSTEM 1 - VICINITY MAP ,.w ,„,_-_--- I ; I i ! '----- I ZCA2008-00002 ! CITY OF TIGARD I PHELPS 7TON BAKER LN ! \ AN VEXA 1 1 4-41M-11M-MB-1=11-01111,00 Ir-OM-- i i !i I Ir---, CityBounda 1 I ! ! I �.� ;--- I ii.-suolosE t - —1 7/v SUBJECT SITE :, _ Proposed Property >sygfr i'' to be Annexed i `-- 10 WI - 44•RS FERk CN / >� D . /4 R H o`S 0 In ., .,•^ - Proposed Right-of-Way ` ewe �! E1ttMTRD: 4k - - to be Annexed eDNn�D /14', eEEF 6ENO RO� _ _ up -1A-72 1111111 g 1-.), gm WASHINGT O C Tiga d Area Map • —' - >I N _� a. 0—80 160 240 320-400 Feet co Z ir `` \\Z re 313 feet 2 _____I r— I♦ -J cl m kelt ,�' 4OCtoQt3@�Q IN RD 3W NE q� Information on this map is for general location only and 2 = should be verified with the Development Services Division. 13125 SW Hall Blvd 74. I Tigard,OR 97223 3 A (503)639-4171 /twww.ci.tigard.or .us r------------- Plot date: May 6,2008;C:\magic\MAGIC03.APR Community Development • • hid( !•�t`; , `--' - May 5, 2008 . City of Tigard Attn: Emily Eng T.1 13125 SW Hall Blvd. Tigard, OR 97223 Emily: After much consideration, we have decided to with-draw from the annexation process for the property located at: 15110 SW Sunrise Lane, Tigard, Oregon 97224. We appreciate all of the help and time you have given us during this process. Would you please call Claudia to verify that we have been removed from the annexation process and will remain in Washington County for the time being. Thank you, . V A.V. Townsend Claudia Townsend 18227 SW Forest Park Road Hillsboro, OR 97123 Res: 503.352.5394 Work: 503.526.1088 Cell: 503.901.1369 • • NOTICE TO MORTGAGF,E,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMP`IT Y FORWARDED TO THE PURCHASER ' LP_j Cis) PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, MAY 27, 2008 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) 2008-00002 FILE TITLE: PHELPS ANNEXATION APPLICANT/ OWNER#2: OWNER#1: David S. and Jeanette Phelps Arthur V. and Claudia A. Townsend PO Box 551 18227 SW Forest Park Road Tualatin,OR 97062 Hillsboro, OR 97123 REQUEST: Annexation of two (2) parcels on SW 153'd Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition,the City proposes to include the right-of-way on SW 153'd Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153`d Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000,and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 Distnct. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (PolPcy,4), and Goal 11.3 (Policy 6); Comprehensive flan (non-updated version) Policy 10.1;, ORS Chapter 222; and Metro Code Chapter 3.09. THE PUBLIC HEARING ON THIS MAT IER WILL BE CONDUCIE,D 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. • . 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 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 (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 INSPECIION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER,EMILY ENG AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO emilyatigard-or.gov. ``` 2 - _ Phelps ZCA008 Annex00002 tion ) BAK RIN L. li CITY OF TI TWA IIIL ,„,--,,w,,,,,,, '7%.,,,,v,7'ij/j Proposed Prope �! to be Annexed �/ /�j Rlg r%, 1/M LBounda I i``'?`l � . 4),0 4 W,- tA ( (/,' ,;;;/' l-- Proposed Right-of-We i�� %j/// � to be Annexed % / ti I , a lit • C• N n U1 illi MI = . �_ TIGABP 11.1..111111111111111111 I i X Community Development Plot Cate:Apr 10.2008:C:N a0l1MUCICO3APR City of Tigard, Oregon • 13125 SW Hall Blvd. a Tigari, 97223 March 7, 2008 II • • • Gregory A. Parsons 'at:GAM: : PO Box 3607 Tualatin, OR 97062 RE: Annexation of neighboring property Dear Mr. Parsons: The owners of 15305 SW 153`d Avenue, near your property (15315 SW 153`d Avenue), have petitioned for their 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 your neighbors'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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emilyatigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Emily Eng Assistant 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. • TigarclrR 97223 March 7, 2008 11 • • • David R. and Christine A. Dunn SW Bull Mountain Rd 4= "°`S H t:::- Tigard, OR 97224 RE:Annexation of neighboring property Dear Mr. and Mrs. Dunn: The owners of 15305 SW 153`d Avenue, near your property (15295 SW Bull Mountain Road), have petitioned for their 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 your neighbors'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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emily(a,tigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Ley G� Emily Eng Assistant Planner Enclosures: Informational Documents,Vicinity Map,Annexation Consent Form,Voter Double-Majority Form Phone: 503.639.4171 e Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 City of Tigard, Oregon •13125 SW Hall Blvd. • TigaraOR 97223 March 7, 2008 co . ,„4„ James E. and Catherine M. Cox 15165 SW Bull Mountain Rd TAI GAR�D Tigard, OR 97224 RE: Annexation of neighboring property Dear Mr. and Mrs. Cox: The owners of 15305 SW 153`d Avenue, near your property (15165 SW Bull Mountain Road), have petitioned for their 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 your neighbors'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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emilyatigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Emily Eng Assistant 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 5 13125 SW Hall Blvd. • TigaraR 97223 March 7, 2008 11 • John L. Hendrick Revocable Trust s , ,T, I GA,R�D=� Attn: John L. Hendrick, Trustee "-a ` f, 14225 SW 150th Avenue Tigard, OR 97224 RE:Annexation of neighboring property Dear Mr. Hendrick: The owners of 15305 SW 153t Avenue, near your property (14225 SW 150th Avenue),have petitioned for their 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 your neighbors' 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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emily(a,tigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Lam,r Emily Eng Assistant 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. • TigarcOR 97223 March 7, 2008 • � e Donald L. Alderton Trust and Juanita C. Alderton Trust TIG' RD Attn: Donald L. Alderton, Trustee PO Box 231117 Tigard, OR 97281 RE: Annexation of neighboring property Dear Mr. Alderton: The owners of 15305 SW 153rd Avenue, near your property (14025 SW 150th Avenue), have petitioned for their 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 your neighbors' 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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emily(a,tigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Emily Eng Assistant 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. • Tigarc•R 97223 March 7, 2008 II • • • mow. - � �: Arthur V. and Claudia A. Townsend T GAR, 18227 SW Forest Park Rd Hillsboro, OR 97123 RE:Annexation of neighboring property Dear Mr. and Mrs. Townsend: The owners of 15305 SW 153`d Avenue, near your property (15110 SW Sunrise Lane),have petitioned for their 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 your neighbors' 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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emilyatigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Emily Eng Assistant 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. • Tigarde'R 97223 March 7, 2008 II .7� '*. Arthur V. and Claudia A. Townsend traMiR 15110 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Mr. and Mrs. Townsend: The owners of 15305 SW 153`d Avenue, near your property (15110 SW Sunrise Lane), have petitioned for their 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 your neighbors'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 and water. In addition, this is an opportune time to annex into the City. Per Council resolution, annexation fees are waived until July 1, 2008. 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 March 21, 2008. 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) 718-2712, Emily @tigard-or.gov or the Permit Center at City Hall, 13125 SW Hall Boulevard. Sincerely, Emily Eng Assistant Planner Enclosures: Informational Documents,Vicinity Map,Annexation Consent Form,Voter Double-Majority Form Phone: 503.639.4171 • Fax: 503.684.7297 a www.tigard-or.gov • TTY Relay: 503.684.2772 Y\EQ 0Esr FcA CoiM\ENT5 � _ �� S CleanWater Services Our commitment is clear. d ,' 2 RED ��.ED PLANNING APR 2 8 2008 MEMORANDUM CITY OF T CARD DATE: April 24, 2008 FROM: David Schweitzer, Clean Water Services TO: Emily Eng, Assistant Planner, City of Tigard SUBJECT: Review Comments — ZCA 2008-00002, Phelps Annexation 2S1 08AB-01000 & 2S1 05DC-00600 GENERAL COMMENTS • This Land Use Review by Clean Water Services (District) does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by the District. The District,prior to issuance of any connection permit, must review and approve final construction plans. • All provisions of the development submittal shall be in accordance with the most current Clean Water Services (CWS) Design and Construction Standards,presently Resolution and Order No. 07-20 (R&O 07-20), and all current Intergovernmental Agreements between the City and CWS. • Final construction plans must be reviewed and approved by CWS for conformance with current Design and Construction Standards. • A Stormwater Connection Permit shall be issued by CWS prior to construction of sanitary sewer, storm and surface water systems, forwarding of the 1200-C permit to DEQ, and final plat approval. SANITARY SEWER • A public sewer extension shall be required for future development on these tax lots in accordance with current CWS Design and Construction Standards. • Each lot shall be provided with a gravity service lateral and direct connection to the public sanitary sewer. The service lateral must connect directly to a public sewer located within public right-of-way or public sewer easement and adjacent to the parcel. The service lateral cannot cross an adjacent parcel. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org • CleanWater Services Our commitment is clear. STORM DRAINAGE AND WATER QUALITY • A public storm sewer extension shall be required for future development on these tax lots in accordance with current CWS Design and Construction Standards. • Each lot in future development shall be provided with an individual connection to a public storm conveyance system. • A hydraulic and hydrological analysis of the existing drainage and downstream storm conveyance system, in accordance with current CWS Design and Construction Standards is required. The applicant is responsible for mitigating downstream storm conveyance if the existing system does not have the capacity to convey the runoff volume from the 25 —year, 24—hour storm event. • Treatment of storm runoff from public right-of-way or more than one tax lot shall require a public water quality facility in accordance with current CWS Design and Construction Standards. The Developer shall provide a public water quality facility to treat all impervious surfaces being constructed or preserved as part of future development. The proposed water quality treatment facility shall be a CWS standard facility for water quality treatment per . current Design and Construction Standards. The facility shall be placed in a separate `Tract' with public easements and not part of any buildable lot. • Maintenance access shall be provided for water quality and/or detention facilities in accordance with current Design and Construction Standards. SENSITIVE AREA • A Service Provider Letter shall be required prior to development. Forms and instructions for its completion may be found on the CWS website at: http://cleanwaterservices.org/content/forms/Permit/Sensitive%20Area%20Pre- Screening%20Site%20Assessment.pdf EROSION CONTROL • Provide erosion control in accordance with current CWS Design and Construction Standards. All sites exceeding one acre shall require an NPDES 1200C permit. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org PUBLIC HEARING VOOTICE & REQUES7OR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY MAY_ 27, 2008 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL HOLD A PUBLIC TIGARD HEARING TO CONSIDER THE FOLLOWING APPLICATION: DA1'E: April 11.2008 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: emily @tigard-or.gov ZONE CHANGE ANNEXATION(ZCA) 2008-00002 - PHELPS ANNEXATION - REQUEST: Annexation of two (2) parcels on SW 153`d Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153`d Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described In Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; 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 RA 1'E 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 RAPE 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: APRIL 25, 2008. 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.'v\10\k 4:157491 04/17/2008 10:32 5035914484 FACILITIES PAGE 01 PUInuiC HEAR.ING.OTICE & REQUESAPOR COMMENTS NOTICE IS HEREBY GIVEN.THAT THE TIGA.RA CITY COUNCIL, AT A MEETING ON TUESDAY MAY 27, 200J AT 1:30 1 M, IN THE TOWN HALT. OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223 WILL HOLD A PUBLIC T i C ARD HEARING TO CONSIDER THE FOLLOWING APPLICATION: DATE': April 11,2008 .. • TO: Jennifer Garld„Beaverton School District#48 Demographics&Planning)eat. FROM: b' C of Tiger Planning Division STAFF CONTACT: Lk, En. ' ssis .'1......._ z '2712 . one: 03) 639-4171 Fax: (503) 624-3681 Email: =Daft ard-or.gav ZONE CHANGE ANNEXATION(ZCA)2008-00002 - PHELPS ANNEXATION - REQUEST: Annexation-of two (2) parcels 'on SW l53 Avenue (Tax Lat 1000) and SW Sunrisd Lahr '(Tax Lot 600) totaling 5.82 acres to the City of Tid. In addition, the City proposes to include the right-of-way on SW 153'a Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW-Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All. owners of the subject parcels have consented to. the annexation. Both parcels are con ous to the City. LOCATION: 15305 SW 153'"Avenue and 15110 SW Sunrise Lane;Washington County Tax Map (WCTM) 2.5108AB,Tax Lot 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: R-6- Disttict ((Residential 6 Units Per Acre). The purpose of the Washington County R.-6 Disttict is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District EQUIVALENT CITY ZONE: R-7: Mcdiurn-Density_Residential Diltdct, The City of Tigard R-7 zoning disttict is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum .lot size of 10,000 square feet Mobile home parks and subdivisions arc also permitted outright Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA; The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; 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 TIE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST FIFTEEN (15)DAYS PRIOR TO TYE 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 1 D YO • _ •Sr $ C1 _BY: APRIL 25iZi08. You may use the space provided below or attach a separate letter to return your comments. IL xou are unah e_ro respond to abo_v_c 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!CliEcit.. a !'FoLLOWINGITEMs THATAPPLY.: • ) 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: `r~kt6 ro�tocistk ,cs . .u.L ou is14,. �A r� .er ��etut, ,d►.t •.cj i 101- Name&Number of Person Commenting �'�tWv�t � �ittAl)�ewto �,.591��1'g99 �� PUBLI HEARING NOTICE & REQUES'I'OR COMMENTS OTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY MAY 27, 2008 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 TIGARD HEARING TO CONSIDER THE FOLLOWING APPLICATION: DA'L'E: April 11,2008 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: emily @ Tgard-or.gov ZONE CHANGE ANNEXATION (ZCA)2008-00002 - PHELPS ANNEXATION - REQUEST: Annexation of two (2) parcels on SW 153id Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153`d Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153`d Avenue and 15110 SW Sunrise Lane;Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described m Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; 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 C)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 LIS l'ED 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: APRIL 25, 2008. 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. - Y OF TIGARD REQUEST FO ' . - OMMENTS /� � N�OOTIFICA LIST FOR LAND USE & COMMUNITY I 'I PMENT AP (CATIONS ,r FILE NOS.:�A- O�©0tl J n©cd� FILE NAME: ' / IS 4 ' /-,40t." (J CITY OFFICES LONG RANGE PLANNING/Ron Bunch,Planning Mgr. CURRENT PLANNING/Todd Prager/Arborist-Planner POLICE DEPT./Jim Wolf,Crime Prevention Officer BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor NGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/Brian Rager,Assistant Public Works Director _PLANNING COMMISSION/GRETCHEN(+12 sets) _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor _FILE/REFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/ZOA) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(PowedinesinArea) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(zcA)MS 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(CPMZCA)MS 14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,surveyor(zCA)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"(Monopole Towers) Sam Hunaidi,Assistant O,stmict Manager (Notify if ODOT RIR.Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Gerald Backhaus(see Map fora ua Contact) (If Project is Within'A Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (see Mae for Area Contact) Brian Every(Apps E.of HalwN.of aew) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 3-Apr-08) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documet --->jet- ,ei-d-/-110--4,46---aiS d WASHINGTON COUNTY,OREG( CLEANWATEIERVICES DEPT. OF LAND USE &TRANSPORTATION DEVELOPMENT SERVICES DEPARTMENT ATTN:JIM NIMS ATTN:DAVID SCEIWEITZER/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 PO BOX 745 PORTLAND OR 97219 BEAVERTON OR 97075 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: 3-Apr-08 BEAVERTON OR 97006-4886 (Check against Request for Comments check-off sheet to make sure this information is current! fLfimm IN& Ec:KETA-Ky /VtAYEKJ A LS r " 2 ' • • 1111 AFFIDAVIT OF MAILING = TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Assistant for the City of Tigard,Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below( • © NOTICE OF FINAL ORDER FOR: ZCA2008-00002/PHELPS 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 (5/27/2008) • 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 June 3,2008,and depo • es • the United States Mail on June 3,2008,postage prepaid. 1 ,4, i (__YA,.../.(., 1 '� erson that re.ared Notice A STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of 01-21.--(1 ,2008. ~ OFFICIAL SEAL 1 V SHIRLEY L TREAT ® NOTARY PUBLIC-OREGON (. NOTARY PUB IC OF OREGON " ' COMMISSION NO.416777 ,l ia�f� MY COMMISSION EXPIRES APRIL 25,2011 9 My Commission Expires: • 120 DAYS =N/A • • EXHIBIT .!. DATE OF FILING: 5/29/2008 DATE MAILED: 6/3/2008 s - CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: ZONE CHANGE ANNEXATION(ZCA) 2008-00002 Case Name: PHELPS ANNEXATION Applicant's Name/Address: David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 Owner's Names/Addresses: David S.&Jeanette Phelps PO Box 551 Tualatin,OR 97062 Addresses of Property: 15305 SW 153"Avenue Tigard,OR 97224 Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No.2S108AB,Tax Lot 1000 and Right-of-Way. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION(ORDINANCE NO.2008-05. 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 MAY 27, 2008 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: > Approval to Annex one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City included 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. The subject parcel is contiguous to the City by a point at its northwest corner. ON MAY 27, 2008, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2008-05). County Zone: Washington County R-6. Equivalent City Zone: City of Tigard R-7: Medium-Density Residential District. Applicable Review Criteria: 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 (Updated Version); Goal 11.1,Policy 4 (Updated Version);Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). 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 JUNE 26,2008. 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. •ITY OF TIGARD, OREGON • Attachment 1 TIGARD CITY COUNCIL ORDINANCE NO. 2008-Dr AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCF.T, AND RIGHT-OF-WAY, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and 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 Tigard Water District, 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 May 27, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located on SW 153rd Avenue and adjoining right-of-way, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this'instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; 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 Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on May 27, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, 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 most closely conforming to the County zoning;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. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described in the attached Exhibit "A" and shown in Exhibit "C" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council hereby annexes the right-of-way described in the attached Exhibit `B" and shown in Exhibit "C" and "D". SECTION 3: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "G" and incorporated herein by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including 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 6: 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 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By u 0 inns vote of all Council members present after being read by number and title only, this 07716 day of ---tr]a yam— , 2008. c.,f,< ore::op.. Cathy 'eatley, City Recor No. 08-05 Page 2 • • APPROVED:By Tigard City Council this a.°C I day of , 2008. i ;. ; At; Approved as to form: Sydney L. Sherwood Council President <-- 5—• og _ • WAttorney Date to be a True Copy of OrIginal on File A /> By: Deputy Recorder - City of Tigard flte: .61 Ordinance No. 08-05 Page 3 -44 • 4a0 j 7, EXHIBIT A Property Description for Map 2S108AB, Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3,plat of Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153rd Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of 'Wonder View Estates"; Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05'E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. EXHIBIT B S.W. 153rd Avenue City of Tigard Annexation RIGHT-OF-WAY ANNEXATION A parcel of land lying in the northeast one-quarter of Section 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, said parcel described specifically as follows: Beginning at the southeast corner of that tract of land conveyed to Teresa B. Hilliard by statutory warranty deed recorded October 11, 2000 in Document No. 2000082842, Washington County Deed Records, said southeast corner being on the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147'/2; Thence, from said point of beginning, leaving the centerline of S.W. Bull Mountain Road,North 05°24'00" East, along the easterly line of said Hilliard tract, a portion of which is also the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 289.00 feet to a point of curvature at the northeast corner of said Hilliard tract; Thence, along the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave westerly, the central angle of which is 39°01'25", the long chord of which bears North 14°06'42" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of reverse curvature; Thence, along the westerly, northerly, and easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", along the arc of a 40.00 foot radius curve, concave southerly, the central angle of which is 258°02'51", the long chord of which bears South 84°36'00" East, a distance of 62.15 feet, an arc length of 180.15 feet to a point of reverse curvature; Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave easterly, the central Page 1 of 2 9755 SW Barnes Road, Suite 300 • Portland,OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com • WHPRifi angle of which is 39°01'25", the long chord of which bears South 24°54'43" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of tangency; Thence, South 05°24'00" West, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 248.34 feet to a point of curvature; Thence, along the easterly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 20.00 foot radius curve, concave northeasterly, the central angle of which is 82°00'00", the long chord of which bears South 35°36'00" East, a distance of 26.24 feet, an arc length of 28.62 feet to the north right-of-way line of S.W. Bull Mountain Road as dedicated in the plat of"Wonder View Estates"; Thence, leaving said north right-of-way line of S.W. Bull Mountain Road, South 13°24'00" West, perpendicular to the centerline thereof, a distance of 30.00 to the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147'/2; Thence, North 76°36'00" West, along said centerline of S.W. Bull Mountain Road, a distance of 63.66 feet to the point of beginning. • The parcel of land to which this description applies contains 20,454 square feet more or less. Bearings are based upon the plat of"Wonder View Estates". REGISTERED PROFESSIONAL LAND SURVEYOR "• /11111°111111111777-:- r OREGON JANUARY 20, 1:989 GARY P. CHRISTERSON 2377 RENEWAL: DECEMBER 31., 2009 P.\City of Tigard1034I 52\Survey\Documents\I 53rdAnnex-Lega1050708.doc Page 2 of 2 NW 1/4 NE 1/4 SECTION 8 T2S RIW W.M. 2S 1 8AB WASHINGTON COUNTY OREGON 100 SCALE 1°a 100' 1200 V sJ Ar, SEE MAP J 25 i 5 •p my 8 i..4 owe. w.1. I pRrwvt. (SUNRISE LANE) CO1651 �► .... • e. »n , 111 ` IM OrI •a•110,161.MN/5 • 1 IOIv t •M tal.t.1.»11 .34A 1100 1000 I i Ie 1.50 At. J.JI At. • . '1 lCS.3,6111 ttul,.•ton •,i 100.I.»,r , I.0A reek p4. In •I i s 102 100 i 11 156.4c.A 1.03.0 I 2 3 .e C1.10053 1 s• II • 400.0• �N d N D R Y 1 E W ?A°.. ' 1 al • A • C.S.7356 I W.f ml.my.) 23-78 Ir u 1 4I ;, rah •• M» — •..•.....1 ,11.0 , 4 , • ».• \1 SEE MAP • SEE MAP li nwl •» u...• -{ . 1001 . . 700 300 I 251 BAA P! I BOA 51 `I j 8 10 41 1300 1400 b S_ - ,�•_»r •Weet papa • r : i I 1 C.S.719! , i' 400 ;�900 BOO S \ a° i • 1 P i• 8 S r A i i r E '5 9 FOR ASSESSMENT ryINM 6 4 • 5 6 { PURPOSES ONLY• } 1 0 • • •sa• 00 NOT RELY ON �. `"] TQ r• $ M1 6001.aa 500 me a = FOR ANY OTHER USE• i • a 1503..•• I •.f• 802" 6 . ; l.•.• .r - 3 .BAa 41 Iss 1. "� ```` `a y.��� 7 E E g e .I II I q( ````\ • y .OIAO. Tti——— 11 1603 � �‘f` ``" �i t• r".11.-4"-I:1604 •- . A 306 �1 .sJAS i I:,P�' IBOO I '�..`\`�R`\`\ •q° ,.,;, 101 • .JOAa ` O� 1" I .02 .66.w� I A'Nr K • +.1 t '' x,,4 I tti•WAIN 1905 _ 1 i M0I ni i .. , W.!1 I r •?..p f I 2 .slle. •1903 1~10 '/ .� 3 \1• 1 Yv 1y i c» ti . ie • I• ,C.A.iale I .JJ A0. 1 190E o -ISAt. ‘ • / A 1502 SEE MAP r 1904 P .rs • f . '9 p. 2S 1BAD I ! I •.. .:I,/ U •.r•e1 be i» • 1O \ • SEE MAP 2 S 1 MC • 2S I 848 t EXHIBIT D LOT 2 4,,SL • R=40.00' A=258.02'51" LOT 3 \ L=180.15' LC=S84 36'00"E, 62.15' riR=27.23'• A=39'01'25" R=27.23 j 25' 25' 1 L=18.55' A=3901'25" I .4 LC=S2454'43"W, L=18.55' �1� 18.19' LC=N 14'06'42"W, L 18.19' QI DOC. NO. 2000082842 Q itu N of NI- ("Ni h 2Nco I LOT4 PI c\I R=20.00' A=82'00'00" POINT OF BEGINNING lLi L=28.62' AT SOUTHEAST Q LC=S3536'00"E, CORNER OF DOC. NO. 26.24' 2000082842 . 25' 25' _ 30.00' o=BUL S13 24'00"W pCUNT� ROAD / L. MO / l63;6.6. q/ 6 N7 _ 7_ 1/2 0 F SCALE N 0 30 60 120 4-;" ( FEET ) 41�?�— 1 INCH = 60 FT n � x 0 a DESIGNED BY: GPC CHECKED BY: CPC wHPacific g DRAWN BY- TEN APPROVED BY: CPC h LAST EDIT: 05/08/08 PLOT DATE: 05/08/08 9755 SW Barnes Rd, CITY OF'TIGARD o DATE BY REV/ REVISION CK'DAPPR Suite 300 ANNEXATION MAP Z Portland,OR 3 97225 S. W. 153RD AVENUE c. 503-626-0455 NAME CO. OR a Fax 503-526-0775 www. 03-526-07 5 SCALE: PROJECT NO. DRAWING FILE NAME: SHEET 1 g 1"=60' 034152 I 34152—SURV—EX00 1 L 0, J TO THE COUNCIL OF THE CITY OF TIGARD, OREGON.: W We, the undersigned owner(s) of the property described below and/or electors) 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 F-4 ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. D LEGEN : PO - Property Owner RV- Registered Voter PAGE OF OV- Property Owner& Registered Voter I AM A PROPERTY DESCRIPTION _ SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct PATE Section Number Number Number • JPGxvt e fte ;O el S X 15305-5w , 15. 2.s/5. 1 OOa `t l U Davy' 5 Phe1 " i $ 3oS S■ ' 153 ." 25/ r`000 qio • • • • • i:\curpin\masters\revised\anxpetn.mst 15-Aug-02 - _ / f-----ir---....„____________ _ . CITY of TIGARD 1.1■4 . 411pA . I ‘ ------------ . GEOGRAPHIC INFORMATION SYSTEM I - VICINITY MAP II Z 1 7--------; . • t.----1 1 II i.._...__i X . CITY OF TIGARD ZCA2008-00002 II . . BAKrR 1-------7N-----------_ 1 PHELPS , \ ANNEXATION ; -Mb-011.-41111,110.-011ei I I ir•-■•■ I i / I- 0 . 1 City Bounda ., . ;7 I , I I . r-m. i. -WM-45111441WZIFir-MO glINIM-4110-M4".....-am-wa-III0 7 SUBJECT SI'lE . 4t1 'f. I Proposed Prope ,g: to be Annexed A. i Ro . • . I > ,,,,.‘,. „,,,::,t, ,:,'''. fr.".• ••,,,,'-....' .,;::,; .1-' < i ,.r... . 1.--1 • / 611111t4A /id LY ri-- :t . •it.' . '' :' I • g ''''''' '. .:1 1 1 Proposed Right-of-Way „,--.• •.. ,-, 1 __ to be Annexed . ,:;4 . . V:, A p" cf: .•• .....• 0 . r..; ,I :'!.,: ■ 1' • , 1 N.,:•..,..,.g.tOdf,e FArZFFT-Hzo.L:4",.'-iA' IT 3-Ze" toF 1:. '‘,C, ONNh - _ / • A HINGTON COUNTY . 7•'. TIgard Area Map ir , N --........L.....„ . 1 , CC (------r---------_,„ is Z 0 80 160 240 320 400 Feet ! ---.".".'"-----Mil -- .....,___ --) .,').•. 4,,V, ;.„ --I 1--- 1 co 0 vq. • CO , II lit T N RD s NE itttell : Information on this map is ile for general location only and should be verified with the Development Services Division. 1-- Aii, MO L4 13125 SW Hall Blvd - Tigard,OR 97223 0 . y7 , (503)639-4171 . . httplivosw.ci.tigard.or.us r----..------- _ :ommunity Development Plot date:May 6,2008;C:\magic\MAGICO3.APR EXHIBIT C7 I • • • Agenda Item: Heating Date:. 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APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ OWNERS: David S. and Jeanette Phelps PO Box 551 • Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel.have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000. - CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision,lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. PHELPS ANNEXATION ZCA2008-00002 PAGE 1 OF 10 • • APPLICABLE REVIEW CRITERIA: 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3,Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION -e'.".... 'h' :.' `5MW-t «�szN,32x'x.'."' .a �.�-rr. ., �rjiV i��{.4y>-.a }-s urn i+,;. '`'fix':` !:A`F" ,,,�"�tE'. P : c.7 hRS Y. .1`` 1" axr'i' "-.. -r } �`i-M'..r ��' t. 'iT.,S f. F s rJya art a �lst. :<,L=P:tE a! !`nt ea'xc aa at - d t. aaYr e 'a ec0): v 1 � ! 5" e� tes =Fy;�����"r. .`:, �'.''.wc�-zr d�-•-.^.ra``: jam-=�c?�'r'� _a•,r,�t �� a•t,. J., r sy { Fti- Y � `? }+ e -,�`v4 .� '•-;. ysj... -, �'"w� r' ..��. .t;-. ... sdti - iY -�S +t"r+ r v Sr 'l *'''i `? h:'rs .�' ..r + aka Y� ���� � �'"�,�a� a e`�i.a+4 - .q� !! a�i�, .�• fr =.."fe ��at � ;ii�'� tf`�f�'! !>fa ca''�n '1` s �' �c to ''+e Rv',a Sa a�1 Aw rtee-� �. C. �v��.r� ."��.�' �d, � s �, .,.r's�i..y,rAr�. '�•�- :..•-„�.w-�•�-r-'.`nv2�^. rx ^.�v7S le.° `.�z� / . : e:do= B o- .3 iS Ts �'ir. Li•T'94 'Lsr• i c <�.. `Sf�j„"''�'�''�.y.r rr ' t �s..7c ;02'=40.f `.^ L ',y,S+.;�s t4 trr r y,rlc�— �' b } .l.rw• it t ft.1 (� G '4 R e 6 ff 1 C�"t'��`y�r " f$.E '�K. to L� .i i�t ,}a �.. a�i Sv"•? a t"'1 F' S_!.� K e 5�r i'm sU' o-8 .> wj Px v ,_ �' `"4• 1.7) 4F-Iii s. H ei t it:A} ;�.e �r��`�t str, �E � P 1 ! ,� z,�,�t e c `eta s a�;� ='� ,s ��.� .'�' _ fit' '" s j: .t' rrtz 1 is YT. tfza .r '. >tz n ;<�ih._ �>L�.a�tact... f'�^ �;;Ff."..sa!�3:.-�.�.vas.�r�.tisS:asn.:.. ..�:�+C•�.,;a.�rsGo�Sad.:...__, .fifi� '?ai5 ?;•;."�'�.�:C.�3Er....:r,_>..Esc.�'�£smJ.�:.-5'_�# �+..,.,..,�_.i�"�''ax1�. ti SECTION III. BACKGROUND INFORMATION The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is contiguous to the City by a point at its northwest corner. The property is located at the north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25%grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters have petitioned for annexation. SECTION W. 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, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: PHELPS ANNEXATION ZCA2008-00002 PAGE 2 OF 10 • • - • 1. Chapter 18.320.020: Approval Process and Standards. B. 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: 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 Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets,police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "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." Water— City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer — Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage — Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the rovider of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops, it may be required to connect to the City stormwater system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located on SW 153rd Avenue, north of SW Bull Mountain Road. SW 153rd Avenue, designated a local street on the TSP, is proposed to be within the City upon annexation. The street currently appears similar to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/developer will be required to construct street improvements to the City's standard if the street is within the City's boundary. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 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 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 • • . 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 April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on SW 153`d Avenue. The City published notice of the hearing in The Tigard Tualatin Shenvood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 6, 2007. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on May 6, 2008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): 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. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The subject parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, pohce, fire protection) if developed to 12 residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too costly. Development of the subject parcel will be more feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop. In conclusion, the City's services have adequate capacity to serve the subject property if developed to the most intense use allowed; however, development will only be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets, police, fire protection) if developed to the density permitted,and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of 1 Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 • • Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the Ci ty boundary; e)The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`d Avenue is contiguous to the City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153`d Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a) (non-updated version) demonstrated, the annexation can be accommodated by the following services:water, sewer, drainage; streets;police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 • • TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res.5 units/acre R-4.5 SFR 7,500 sq.ft. Low density 1-5 unitsiacre R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft_ Med.density 6-12 units/acre R-9 Res.9 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 • units/acre R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrials The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the subject parcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to the properties. Chapter 18.320.020 C. 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. 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. As.the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. PHELPS ANNEXATION ZCA2008-00002 PAGE 6 OF 10 • • • City of Tigard Community Development Code 2. 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 I8.390.020.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 May 6, 2008, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008)prior to the May 27, 2008,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; 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 postec in four public places in the city 45 days prior to the hearing. • Both owners of the subject parcel have 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 153`d Avenue,which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, public hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153`d Avenue. 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 (May 12, 2008 for an May 27, 2008, hearing). in . 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 • • (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; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (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, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002, the effective date of the annexation will be 30 days later on June 26, 2008. 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. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 i • 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; 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 criteria 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, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation,but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 • • SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. t<� 5/12/2008 PA' Eng DATE Assistant Planner jl 5/12/2008 REVIEWED BY: Richard Bewersd,, DATE Planning Maria:, r PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 �► • EXHIBIT (6 David S. and Jeanette Phelps ZCA2008-00002 PO Box 551 PHELPS ANNEXATION Tualatin,OR 97062 Jim and Marti Willis . . . . NOTICE OF FINAL ORDER BY THE CITY 15285 SW Bull Mountain Road COUNCIL" Tigard, OR 97224 Christine and David Dunn 15295 SW Bull Mountain Road Tigard, OR 97224 • • U.S. Postal Service,. CERTIFIED MAIL,. RECEIPT Er (Domestic M ' '- • • - - --- - - -- Provided) Artn:Patty/Planning Q' For delivery i Re: ZCA2008-00002/Phelps Annexation Ps.com®F S E 0 "Notice of Council Final Older" U-I � O m Postage $ , O r1 Certified Fee 2 .70 "fia�0 ci 1 % ci Return Receipt Fee `� \`� Here � O (Endorsement Required) Z ZV Q JU N Restricted Delivery Fee c' (Endorsement Required) ,'� v ;,c.N4(I's-) CO a 'r j (� To Postage&Fees � 1 O - -- _ Sent To N Im - David S.and Jeanette Phelps ' cp o oeo No. PO Box 551 City,stare,zlwa Tualatin,OR 97062 PS Form 3800.August 2006 500 evci:.� ciions r—- ----- --- - - - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. ;!nature item 4 if Restricted Delivery is desired. 1 / � /I , / ❑Agent • Print your name and address on the reverse X - ❑Addressee so that we can return the card to you. B. R- eived by(Printed fle) C. Date of Delivery p • Attach this card to the back of the mail piece, A f ' or on the front if space permits. v ga vi elm L°fps I D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: if YES,enter delivery address below: ❑No i I David S.and Jeanette Phelps PO Box 551 3. Service Type I Tualatin,OR 97062 V.Certified Mail ❑ Express Mail I - ❑Registered ❑Return Receipt for Merchandise I ❑Insured Mail ❑C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes l 2. (Transfer rfrom ( 7007 0710 0000 1305 1909 • (Transfer from service/abei) I — PS Form 3811,February 2004 Domestic Return Receipt toz5s5 o2-M-tsao{ it 0 • U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT 1 - (Domestic Ma' •- - - ovided) IT- For deliveryinf• Atrn:Patty/Planning P r7 Re: ZCA2008-00002/Phel s Annexation •.eomo Fs 0 "Notice of Council Final Order" Ln p - — m Postage $ i 83 r1 p Certified Fee 2.7 D p Return Receipt Fee L [ ®02 4'l of p C3 (Endorsement Required) Z, 2€) 4t • e �4 p .�/ co, Restricted Delivery Fee t� p (Endorsement Required) OTotal Postage&Fees $ S /3 , k - Sent To o, M1 � � - CI sneer,apr.No.; Jim and Marti Willis • N or PO Box No. ; 15285 SW Bull Mountain Road City,State,Z1Pw Tigard, OR 97224 - -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 ❑Addressee so that we can return the card to you. B. Received by( ted Na�m`e)l ( C. D ate• Deliv-ry r • Attach this card to the back of the mailpiece, -4 Ul,� (.l rls, 6 or on the front if space permits. D. Is delivery address different from item 1? • Y= 1. Article Addressed to: If YES,enter delivery address below: ❑ No r j Jim and Marti Willis 1 ! 15285 SW Bull Mountain Road 3. Service Type Tigard,OR 97224 PI Certified Mall ❑Express Mail - ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes f 2. Article Number 7007 0710 0000 1305 1916 l (Transfer from service labeq ( - PS Form 3811,February 2004 Domestic Retum Receipt 1,g2s95-02-14-1540 • • U.S. Postal Service,., CERTIFIED MAIL,., RECEIPT 1 rn (Domestic -' ••. •• . . Provided) ca For delivery i Ann:Patty/Planing n ps.come 1-4 Re: ZCA2008-00002/Phelps Annexation "Notice of Council Final Omer uI O -- rn Page $ . 8 3 Certified Fee I= 2. .y L0 O Return Receipt Fee s .�� :h dr` CJ (Endorsement Required) Z, Zd 0 r "`p\ ,, Restricted Delivery Fee J1)`� •(Endorsement Required) ' 1 '1 % �,' Q tV N c. Total Postage&Fees $ 73 1,,,,,,,-e,„ .P \o �i� `Y _ Sent To `; - lii s- oStreet, Ao, ' Christine and DavidDunn or PO Box No. 15295 SW Bull Mountain Road CI stare,ZIPM Tigard,OR 97224 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 -'gnature item 4 if Restricted Delivery is desired. / . / ❑Agent • Print your name and address on the reverse / `K Addressee so that we can return the card to you. _ - ed by(Print ame) C. ate Df Delivery D • Attach this card to the back of the mailpiece, _{ ' /D �i p I�"1 o O / or on the front if space permits. b ' 1. Article Addressed to: • -delivery address different from item 1? ❑ (es If YES,enter delivery address below: ❑ No ' Christine and David Dunn 15295 SW Bull Mountain Road • Tigard, OR 97224 3. Service Type ( 01 Certified Mail 0 Express Mail S ❑Registered ❑Return Receipt for Merchandise 1) ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 0 710 0000 13 0 5 18 9 3 (Transfer from service label) , . PS Form 3811,February 2004 Domestic Return Receipt .4625s5-02-nn-1540 • AFFIDAVIT OF MAILING UB 0ARD I, Patricia L. Lunsford being. first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of zTigard,Washington County,Oregon and that I served the following: {Check Appmpth a Box®Bebw} © NOTICE OF PUBLIC HEARING FOR ZCA2008-00002/PHELPS 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 (5/27/2008) 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 May 6,2008,and deposited in the United States Mail on May 6,2008,postage prepaid. p,„ (Person p :ce) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 01— day of ` t'! ,2008. OFFlEY L TEAL ) ti ( ;�cry� SHIRLEY L TREAT COMMiSS B 11 N0.41 O NO ARY�C OF OREGON 1 MY COMMISSION EXPIRES APRIL 25,2011 ( /��/ ` �"`"����'����-��> My Commission Expires: EXHIBIT..._._ NOTICE TO MORTGAGE E,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, r 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, MAY 27, 2008 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) 2008-00002 FILE TITLE: PHELPS ANNEXATION APPLICANT/ OWNER/: David S. and Jeanette Phelps PO Box 551 Tualatin, OR 97062 REQUEST: Annexation of one (1) 3.66-acre parcel on SW 153` Avenue to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153' Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City by a point at its northwest corner. NOTE: The legal notice that the City published in the Tigard Times Newspaper included two 2 properties with this proposed annexation; however, the property ( PdP ' owners of the second parcel withdrew their petition for annexation on 576/2008. Therefore,this proposed annexation only includes one (1) parcel. LOCATION: 15305 SW 153' Avenue;Washington County Tax Map (WCIM) 2S 108AB,Tax Lot 1000. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5 units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 istrict is to provide the opportunity for more flexibility in development than is allowed in the R-5 Distnct. EQUIVALENT CITY ZONE: R-7: Medium Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,00G square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (?oficy.4), and Goal 11.3 (Policy 6); Comprehensive Pan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. • 0 THE PUBLIC HEARING ON THIS MAFIER WILL BE CONDUCIED 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. 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 (IL)D - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRTFIEN TESTIMONY ON THIS PROPOSED AC11ON 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 WRI'1-lEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION,OR CLOSE THE PUBLIC HEARING AND TAKE ACIION 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 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. 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 (25t) 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, EMILY ENG AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO emilya tigard-or.gov. %.-. / —i,' i CIfY OI TIGARO A ` ( i` ; ; 'i VIQNI I Y MAP ,i CITY OF TIGARD : 1 zCA2oo8 00002 N II I I ; , ; PHELPS ;; i 1 , —I _ I I �, ! i ANNEXATION 7 ; I ;I , II 1j---.—".' ' rttyao�,nd 'ii ; I I-1I i I i i, —i i J i I 1 1 1 1 J I ,...,,----// i i j //� SUBJECT SITE I I Proposed Progeny, I / I t Sy 4'to be Annexed t I —j 1 ' j i I �� Rp / NI ; I j I ; 1 Iw f I I i 1 -u -%{ Proposed Right-of-Way 1 / 1 7 I _ - - I — to be Annexed �,-- / --— — -- ff o \� WA'SHII�TGI'QN COUNTIL/g h u • I a`_rTh I a1 ! 1 i I , N 1 1-, I i .•-i 1� Z I I I i h--1 I o m ''' xm m .m�.. 1 ! il ■ ; � I �r I 1 , I i 1 I : "I fit i I L I I '' I I� ; I�� IN RD I of-yw--- I I ej I ~--� r-----' ?�� i I I I i I i . I ..m.....+..o.vc.�..�.,�«y.e ' Community DevetopmeRt Mot data:May 8,2008;C:4nagic%MAGIC03.APR 2S108AB-00102 • 2S108AB-00500 • EXHIBIT ALDERTON DONALD L TRUST& DANFORTH ALLEN&BARBARA J ALDERTON JUANITA C TRUST 13849 SW MISTLETOE DR BY DONALD L ADLERTON TR TIGARD, OR 97223 PO BOX 231117 TIGARD,OR 97281 108AB-00101 2S105DD-01300 ALD- 'TON DON• D L TRUST& DR HORTON INC-PORTLAND ALDER •• -• ITA C TRUST 4386 SW MACADAM AVE#102 BY DON DLERTON TR PORTLAND,OR 97239 PO :•X231117 T• ARD,OR 97281 2S108AA-00801 15DD-01000 BENNINK GREG S AND DR 'T• , INC-PORTLAND BENNINK TRACE R 4386 •f ACADAM AVE#102 14210 SW 150TH •%'TLAND, :' 97239 TIGARD,OR 97224 2S105DD-00800 2 105DD-01100 BRANDS MARK E&WENDY J DR R INC-PORTLAND 15155 SW SUNRISE LN 438 CADAM AVE#102 TIGARD,OR 97224 RTLAND, 97239 2S105DC-00300 2S108AB-01001 CACH CHRISTOPHER J&SHERI L DUNN DAVID R&CHRISTINE A 15170 SW SUNRISE LN 15295 BULL MTN RD TIGARD,OR 97224 TIGARD,OR 97224 2S105DD-01200 2S108AA-00600 CARLSON LESTER R FISCHER DAVID N&PATRICIA R 14905 SW SUNRISE LANE 14150 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01905 2S108AB-00400 CLARKE GEORGE L GLEASON JACK M 15070 SW BULL MOUNTAIN RD 14305 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01603 2S108AB-03400 COFFMAN GWYNN G&SUSAN M HARTFORD INVESTMENTS INC 15250 SW BULL MOUNTAIN RD 16055 SW WALKER RD PMB 146 TIGARD,OR 97224 BEAVERTON,OR 97006 2S108AB-01300 2 48AB-02000 CORTESE VITO P&FELICITY J HAR •:. INVESTMENTS INC 11856 SW 175TH AVE 160 • ALKER RD PMB 146 BEAVERTON,OR 97007 AVERTO' OR 97006 2S108AB-00700 - 108AB-03610 COX JAMES E&CATHERINE M HA'TF• • INVESTMENTS INC 15165 SW BULL MOUNTAIN RD 160 : -W WALKER RD PMB 146 TIGARD,OR 97224 - •VER 1N, OR 97006 108AB-02 00 • 2S105CD-02600 • HA FO NVESTMENTS INC JOSEPHSON REV LIV TRUST 1605 WALKER RD PMB 146 BY JOYCE/GREGG JOSEPHSON VER N,OR 97006 14000 SW 157TH PL TIGARD,OR 97224 2 08AB-03500 2•105CD-02500 HA TF RD INVESTMENTS INC JO . -HS* REV LIV TRUST 16 W WALKER RD PMB 146 BY JO /GREGG JOSEPHSON VER ,OR 97006 1400% SW 7TH PL T ARD,OR '7224 2 108AB-0220 2S108AA-00500 HA 0 INVESTMENTS INC KIMMEL ALICE L REV LIV TRUST 160 ALKER RD PMB 146 BY ALICE L KIMMEL TR AVERTO ,OR 97006 14960 SW SUNRISE LN TIGARD,OR 97224 2S108AB-00600 2S108AB-01604 HAYHURST DONALD J&SUSAN A LYSAGHT LIVING TRUST 15105 SW BULL MOUNTAIN RD BY MICHAEL J/KATHRYN M LYSAGHT TRS TIGARD,OR 97224 15400 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S108AB-00200 2S108AB-00100 HEDRICK JOHN L REVOCABLE TRUST MCMAHON JAMES LAUREN BY HEDRICK JOHN L TR CAROL JOAN 14225 SW 150TH AVE 14155 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01400 2S108AB-01503 HILLIARD TERESA B NELSON EDWARD W&RENE G 15345 SW BULL MOUNTAIN RD 15510 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-00300 2S108AB-01100 HJORT SUSAN 0 PARSONS GREGORY A 14265 SW 150TH AVE PO BOX 3607 TIGARD,OR 97224 TUALATIN,OR 97062 2S108AA-00700 2S108AB-01000 HOLMBOE RICHARD/JUDITH PHELPS DAVID S AND JEANETTE PO BOX 230536 PO BOX 551 TIGARD,OR 97281 TUALATIN,OR 97062 2S108AA-01100 2S108AB-01900 JENSEN DANIEL J/NANCY M POND FAMILY TRUST 14300 SW 150TH ST 15140 SW BULL MNT RD TIGARD,OR 97224 TIGARD,OR 97224 2S 108BA-05100 2S105C D-01300 JOSEPHSON GREGG R&JOYCE M PREDOVIC MARCOS L&VERONICA E 14000 SW 157TH PL 15540 SW BAKER LN TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-00800 2S105D0-00700 • PRUHSMEIER CAROL S WALSH LEIGHTON PO BOX 23234 PO BOX 3099 TIGARD,OR 97281 OREGON CITY,OR 97045 2S105CD-01400 2 05DD-006 RODGERS RICHARD A&LINDA MARIE WAL IGHTON 15585 SW BAKER LN PO B 9 TIGARD,OR 97224 O GON CI OR 97045 2S108AA-01000 2S105DC-00500 STANLEY ARTHUR M AND SUSAN S WARD CLEVE D&JANICE E 14270 SW 150TH 15140 SW SUNRISE LN TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01200 2S108AB-01602 SUN RIDGE BUILDERS INC WILKINSON GREGORY S 14912 SW SUMMERVIEW DR 15380 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 108AB-01201 2S108AB-00900 SU ' I BUILDERS INC WILLIS JAMES L/MARTI M 1491 MMERVIEW DR 15285 SW BULL MTN RD T ARD,OR •-'24 TIGARD,OR 97223 2S108AA-00901 2S105D0-00900 THOMAS RICHARD UPATRICIA YOUNGER NANCY REVOC TRUST PO BOX 230346 15065 SW SUNRISE LN TIGARD,OR 97281 TIGARD,OR 97224 105DC-00400 2S1089A-04800 TIG C OF ZICKUHR CLARENCE J& 1312 ALL BLVD BARBARA K ARD,OR 223 15605 SW ROSHAK RD TIGARD,OR 97224 2 105DC-001 TI RD OF 131 W HALL BLVD ARD, 97223 2S 05DC-0020 TIG D OF 1312 HALL BLVD T ARD, 97223 2S105DC-00600 TOWNSEND ARTHUR V&CLAUDIA A 15110 SW SUNRISE LN TIGARD,OR 97223 • • Charlie and Larie Stalzer Susan Beilke 14781 SW Juliet Terrace 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Craig Smelter David Walsh PO Box 1467 10236 SW Stuart Court Tualatin, OR 97062 Tigard, OR 97223 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 • Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (oa. I of 11 (i:\curoln\setuo\labels\CIT West.docl UPDATED: 4-May-07 K ♦ �"..v iIa • David S. and Jeanette Phelps ZCA2008-00002 PO Box 551 Tualatin,OR 97062 PHELPS ANNEXATION Arthur V. and Claudia A. Townsend 18227 SW Forest Park Road Hillsboro, OR 97123 Arthur V. and Claudia A. Townsend 15110 SW Sunrise Lane Tigard,OR 97223 • PUBLIC &RING ITEM: ' The following will be considered by the Tigard City Council on • Tuesday May 27, 2008 at 7:30 PM at the Tigard Civic.Center COMMUNITY - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon ��► 97223.Public oral or written testimony is invited. The public hear- SPAPERS ing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of 6605 SE Lake Road, Portland, OR 97222• PO procedure set forth in Section 18.390.060E. Further informa- Box 370• Beaverton, OR 97075 tion may be obtained from the Planning Division (Staff contact: Phone: 503-684-0360 Fax: 503-620-3433 Emily Eng) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or Email: by calling at 503.639.4171. ZONE CHANGE ANNEXATION legaladvertising @commnewspapers.com (ZCA) 2008-00002 - PHELPS ANNEXATION - REQUEST: Annexation of two(2)parcels on SW 153rd Avenue(Tax Lot 1000) and SW Sunrise Lane(Tax Lot 600)totaling 5.82 acres to the City AFFIDAVIT OF PUBLICATION of Tigard. In addition, the City proposes to include the right-of- AFFIDAVIT on'SW 153rd Avenue from the point adjoining Tax Lot 1000 State of Oregon, County of Washington, SS to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within I, Charlotte Allsop, being the first duly sworn, the City's boundary. All owners of the subject parcels have con- depose and say that I am the Accounting sented to the annexation. Both parcels are contiguous to the City. Manager of The Times (serving Tigard, LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise r Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot Tualatin &Sherwood), a newspaper of 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: .general circulation, published at Beaverton, in R-6 District (Residential 6 Units Per Acre). The purpose of the the aforesaid county and state, as defined by Washington County R-6 District is to implement the policies of the ORS 193.010 and 193.020, that Comprehensive Plan for areas designated for residential develop- , ment at no'more than six (6) units per acre and no less than five (5)units per acre, except as specified by Section 300-2 or Section City of Tigard 303-6: The intent of the R-6 District is to provide the opportunity Notice of Public Hearing for more flexibility in development than is allowed in the R-5 TT11128 ' District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached A copy of which is hereto annexed, was single-family homes with or without accessory residential units,at mini- published in the entire issue of said a minimum lot size of 5,000 square feet, and duplexes, at a mini- mum lot size of 10,000 square feet. Mobile home parks and sub- newspaper for divisions are also permitted outright. Some civic and institutional 2 uses are also permitted conditionally. APPLICABLE REVIEW Successive and consecutive weeks in the CRITERIA: The approval standards for annexations are described following issues in Community Development Code Chapters 18.320 and 18.390, May 8, 2008 Comprehensive Plan(updated version)Goal 1.1,Goal 11.1 (Policy May 15, 2008 4), and Goal 11.3 (Policy 6); Comprehensive,Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. All documents and applicable criteria in the above-noted file C/fl6t4'LO4k, j are available for inspection at no cost or copies.can be obtained for Charlotte Allsop (Accounting M nager) Subscribed and sworn to before me this May 15, 0$8 OFFICIAL SEAL • 49)r-7 ROBIN"A.BURGESS NOTARY PUBLIC FOR . ° NOTARY PUBLIC-OREGON My commission expires COMMISSION NO. 390701 MY COMMISSION EXPIRES MAY 16,2009 Acct#10093001 Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size 2 x 10.5 • Amount Due$350.70 'remit to address above • PUBLIC*RING ITEM: ' The following will be considered by the Tigard City Council on • Tuesday May 27, 2008 at 7:30 PM at the Tigard Civic.Center COMMUNITY - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon ,�, 97223.Public oral or written testimony is invited. The public hear- SPAPEI�S ing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of 6605 SE Lake Road, Portland, OR 97222• PO procedure set forth in Section 18.390.060E. Further informa- Box 370•Beaverton, OR 97075 tion may be obtained from the Planning Division (Staff contact: Phone: 503-684-0360 Fax: 503-620-3433 Emily Eng) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or Email: by calling at 503.639.4171. ZONE CHANGE ANNEXATION legaladvertising @commnewspapers.com (ZCA) 2008-00002 - PHELPS ANNEXATION - REQUEST: Annexation of two(2)parcels on SW 153rd Avenue(Tax Lot 1000) , and SW Sunrise Lane(Tax Lot 600)totaling 5.82 acres to the City AFFIDAVIT OF PUBLICATION of Tigard. In addition, the City proposes to include the right-of- AFFIDAVIT on 153rd Avenue from the point adjoining Tax Lot 1000 State of Oregon, County of Washington, SS to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within I, Charlotte Allsop, being the first duly sworn, the City's boundary. All owners of the subject parcels have con- depose and say that I am the Accounting sented to the annexation. Both parcels are contiguous to the City. Manager of The Times(serving Tigard, LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise r Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot Tualatin &Sherwood), a newspaper of 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: general circulation, published at Beaverton, in R-6 District (Residential 6 Units Per Acre). The purpose of the the aforesaid county and state, as defined by Washington County R-6 District is to implement the policies of the ORS 193.010 and 193.020, that Comprehensive Plan for areas designated for residential develop- ment at no more than six (6) units per acre and no less than five (5)units per acre, except as specified by Section 300-2 or Section City of Tigard 303-6- The intent of the R-6 District is to provide the opportunity Notice of Public Hearing for more flexibility in development than is allowed in the R-5 TT11128 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached A copy of which is hereto annexed, was single-family homes with or without accessory residential units, at mini- published in the entire issue of said a minimum lot size of 5,000 square feet, and duplexes, at a mini- mum lot size of 10,000 square feet. Mobile home parks and sub- newspaper for divisions are also permitted outright. Some civic and institutional 2 uses are also permitted conditionally. APPLICABLE REVIEW Successive and consecutive weeks in the CRITERIA: The approval standards for annexations are described following issues in Community Development Code Chapters 18.320 and 18.390, May 8, 2008 Comprehensive Plan(updated version)Goal 1.1,Goal 11.1 (Policy May 15, 2008 4), and Goal 11.3 (Policy 6); Comprehensive,Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. All documents and applicable criteria in the above-noted file CLOWC0UA2Pare available for inspection at no cost or co pie .can.be obtained.for. twenty-five cents (250) per page, or the current rate charged for Charlotte Allsop (Accounting M Hager) , 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 inspec- tion at no cost, or a copy can be obtained for twenty-five cents (250) per page, or the current rate charged for copies at the time Subscribed and sworn to before me this of the request. Information is also available by contacting the staff May 15, 0+8 contact listed above. Publish 5/8, 5/15/2008.TT11128. L NOTARY PUBLIC FOR OR Zig,...-7 I �'-�--� 1 l t •--1. My commission expires i t xq�: , i Y P t ' yFa .,.,' Acct#10093001 Propo I Prope VS 411Wi Patty Lunsford to be Annexed AMR City of Tigard Lita, A MR Y 9 1 pie 3125 SW Hall Blvd io ( Tigard, OR 97223 ARA■' Proposed Rigi1JJ!i:_.__ Size 2 x 10.5 tobeAnnexed �[i;i ,, Amount Due $350.70 �' • Mr v e tt H *remit to address above I 116 1�'I� 1 O 1,^, u VV Nli I �:2 a �N' a , m aM IH - El t r 1---- e W�.YpYbpMtrl.y.1 rlbllb.blm b.y lbbpiY. roM.6 I I i i I I l ' I 6.M. Fid dat M 14 R4 C1Tep41NG1CO11PR 1 _____ . • '1... 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In the Matter of the Proposed Annexation of: Land Use File No.: ZCA2008-00002 Land Use File Name: PHELPS ANNEXATION I, Emily Eng, being first duly sworn/affirm, on oath depose and say that I am a/an Assistant 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 11th day of April,2008. om _ Signature o 'erson lrr : formed Posting (In the presence of the Notary) STATE OF OREGON County of Washington i ss. City of Tigard 714 Subscribed and sworn/affirmed before me on the 1 I day of AP/241-, , 20 0% . ,.._________,._„_,..,_..._,_____...„....„_________ ____,, ��i•,, OFFICIAL SEAL - SHIRLEY L TREAT �`' �� NOTARY PUBLIC-OREGON`� ”{� COMMISSION NO.416777 ' �/ MY COMMISSION EXPIRES APRIL 23,2011 NOTARY PU:LIC OF OREGON My Commission Expires: LO-5/1 I:\curpin\patty\annex\affidavit of posting annexation site.doc NO ICE OF PUBLIC HEARING Posting start date: 4/11/2008 Posting end date: 6/11/2008 y_ The following will be considered by the Tigard City Council on Tuesday May 27, 2008 at 7:30 PM at the Tigard Civic Center - Tdwn 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 aopy can be obtained for twenty-five cents (25C) 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: Emily Eng, Assistant Planner) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to emily @tigard-or.gov. PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2008-00002 - PHELPS ANNEXATION — REQUEST: Annexation of two (2) parcels on SW 153rd Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153rd Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATI 15305 SW 153rd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 2S10W, Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. t AR • • AFFIDAVIT OF POSTING NOTICE R.}•.•.'•.!•.:•}fO}1i!.•!}•i••.:!}}}.•••}••O}O:.:�•i•1.}:.}•}f}i}••}••}•}0f O i!}!:!e}}O}.. }},!}f.:}},C t♦.. : }••d 1!!t!te••:!❖:.•f}• !::•f,!:•. .f•�}•}•. .!R..}•}'..}1:.!i!i1 .f•:•.•f•••}!•.•!.•.•}•••}!.;}••!.••;i•:.::. f❖•••.!}:••••}.•!•!•;};•�•!}!R;f;•..f,•f:R•}i•y•:o}.•. 1 1 1!}}•i.!.i..1i:!�4o}i1•}..}f�!o}!O!i.••:!•:!..!}!FOi•R10.!i O..}.•i•,,4: ::i o o ! .•.••.}.} .•i!:!:.••!:}.!•.!+.R•••••}.•..!!}••}•..!••••.•}�.!}•..,.!P•anR n• ;Division:... • ! }.1.}RR! .2•.1!•... • . �. . .• .... ......}• .•o..:..}} 1!i.!}; :.•v...!•..1..1 SW Hall••}o }R••f f:.♦ •!} .i.!} •..•i.!./•:!.•••.•f...:.••.::!}:•.:..••.}1••••}•!.i!}•.}•!•f...••••:•.!••!o•!•••}.1••••.!••} :1:!}:•••••:4.:.:.:.•!,•• ..:.:},},•,•,}}} • ••,.❖,!,.• ,♦. p . ........ R. ! . .. •• •1• !.!:1•:..! ....•.•}..•..o.. o1.•.•! ...:•. }❖.. !: .•..❖ 1•.• 1 . ,i}...,...1.},1.•.1,;}.....}f...1 ..!•1•.:........!•11•.!a:!,1:!.::.•:+.!0 1}•..!.•}!:.......!.••. }1•::❖:• e .:•}.••:!.y .;1:•y:::::,.•::;/:e•;R;••s}:!,y,x•,:3;:;1;.;};1;`Tgad•®R1;9r 2231•.❖••• . •�...+ ...0..:....��• 1•.••.•:.• :s:•::.:❖ve:❖:;•s•:44+:1 :::•:+- :• :::!:++:❖: :4 In the Matter of the Proposed Annexation of: Land Use File No.: ZCA2008-00002 Land Use File Name: PHELPS ANNEXATION I, Emily Eng, being first duly sworn/affirm, on oath depose and say that I am an Assistant 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 Permit Center, a copy of said notice being hereto attached and by reference made a part hereof,on the 11th day of April,2008. ///, Signature of ! . j • Performed Posting (In the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard j & ,,/ Subscribed and sworn/affirmed before me on the Ll day of Y4 L ,20 01f . . ._, OFRCIAL SEAL ' SHIRLEY L TRFAT `( ®°„..f..... .T/ oi NOTARY PUBLIC-OREGON ', COMMISSION NO.416777 1 MY COMMISSION EXPIRES APRIL 25.2011 ( dud- NOTARY PUB IC OF OREGON My Commission Expires: Lii I t I:\cutpin\patty\annex\affidavit of posting 3 public places.doc NOTICE OF PUBLIC H Posting start date: 4/11/2008 Posting end date: 6/11/2008 The following will be considered by the Tigard City Council on Tuesday May 27, 2008 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 aipy 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: Emily Eng, Assistant Planner) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to emily @tigard-or.gov., PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2008-00002 - PHELPS ANNEXATION — REQUEST: Annexation of two (2) parcels on SW 1530 Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153rd Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATI 15305 SW 153rd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 2S10 , Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. ..) of TIGARD ....t. -,..-' .,..., ,.„ RI .A NO I • ) 00' ) 0 i I I s..vpabnv...,4 I I......OR ■t/i7CA2008/00002 t./HI • . I- t.-,... 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CI) .,.... :...••::,I::, 0"..) ristgur.tuis, ... .... ..;....':: .....'. ; ; ,. .. , .. ., .. .,... . . - • :„ .. . • . • • • , .•• . . 1•'1,..,cl'otf., 1%.1:1.;'.. 2•;)•::**:•*. 3:3a, AM MCCA .A.Ma A arc3:my[A-3.3a3aprma • y 2S108AB-00102 • 2S108AB-00500 • ALDERTON DONALD L TRUST& DANFORTH ALLEN&BARBARA J ALDERTON JUANITA C TRUST 13849 SW MISTLETOE DR BY DONALD L ADLERTON TR TIGARD,OR 97223 PO BOX 231117 TIGARD,OR 97281 2S108AB-00101 2S105DD-01300 ALDERTON DONALD L TRUST& DR HORTON INC-PORTLAND ALDERTON JUANITA C TRUST 4386 SW MACADAM AVE#102 BY DONALD L ADLERTON TR PORTLAND,OR 97239 PO BOX 231117 TIGARD,OR 97281 2S108AA-00801 2S105DD-01000 BENNINK GREG S AND DR HORTON INC-PORTLAND BENNINK TRACE R 4386 SW MACADAM AVE#102 14210 SW 150TH PORTLAND,OR 97239 TIGARD,OR 97224 2S105DD-00800 2S1050D-01100 BRANDS MARK E&WENDY J DR HORTON INC-PORTLAND 15155 SW SUNRISE LN 4386 SW MACADAM AVE#102 TIGARD,OR 97224 PORTLAND,OR 97239 2S 105 DC-00300 2S108AB-01001 CACH CHRISTOPHER J&SHERI L DUNN DAVID R&CHRISTINE A 15170 SW SUNRISE LN 15295 BULL MTN RD TIGARD,OR 97224 TIGARD, OR 97224 2S 105 D D-01200 2S108AA-00600 CARLSON LESTER R FISCHER DAVID N&PATRICIA R 14905 SW SUNRISE LANE 14150 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01905 2S108AB-00400 CLARKE GEORGE L GLEASON JACK M 15070 SW BULL MOUNTAIN RD 14305 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01603 2S108AB-03400 COFFMAN GWYNN G&SUSAN M HARTFORD INVESTMENTS INC 15250 SW BULL MOUNTAIN RD 16055 SW WALKER RD PMB 146 TIGARD,OR 97224 BEAVERTON,OR 97006 2S108AB-01300 2S108AB-02000 CORTESE VITO P&FELICITY J HARTFORD INVESTMENTS INC 11856 SW 175TH AVE 16055 SW WALKER RD PMB 146 BEAVERTON,OR 97007 BEAVERTON,OR 97006 2S108AB-00700 2S108AB-03600 COX JAMES E&CATHERINE M HARTFORD INVESTMENTS INC 15165 SW BULL MOUNTAIN RD 16055 SW WALKER RD PMB 146 TIGARD,OR 97224 BEAVERTON, OR 97006 2S108AB-02100 2S105CD-02600 • HARTFORD INVESTMENTS INC JOSEPHSON REV LIV TRUST 16055 SW WALKER RD PMB 146 BY JOYCE/GREGG JOSEPHSON BEAVERTON,OR 97006 14000 SW 157TH PL TIGARD,OR 97224 2S108AB-03500 2S105C0-02500 HARTFORD INVESTMENTS INC JOSEPHSON REV LIV TRUST 16055 SW WALKER RD PMB 146 BY JOYCE/GREGG JOSEPHSON BEAVERTON,OR 97006 14000 SW 157TH PL TIGARD,OR 97224 2S108AB-02200 2S108AA-00500 HARTFORD INVESTMENTS INC KIMMEL ALICE L REV LIV TRUST 16055 SW WALKER RD PMB 146 BY ALICE L KIMMEL TR BEAVERTON,OR 97006 14960 SW SUNRISE LN TIGARD,OR 97224 2S108AB-00600 2S108AB-01604 HAYHURST DONALD J&SUSAN A LYSAGHT LIVING TRUST 15105 SW BULL MOUNTAIN RD BY MICHAEL J/KATHRYN M LYSAGHT TRS TIGARD,OR 97224 15400 SW BULL MOUNTAIN RD TIGARD,OR 97224 2S108AB-00200 2S108AB-00100 HEDRICK JOHN L REVOCABLE TRUST MCMAHON JAMES LAUREN BY HEDRICK JOHN L TR CAROL JOAN 14225 SW 150TH AVE 14155 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01400 2S108AB-01503 HILLIARD TERESA B NELSON EDWARD W&RENE G 15345 SW BULL MOUNTAIN RD 15510 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-00300 2S108AB-01100 HJORT SUSAN 0 PARSONS GREGORY A 14265 SW 150TH AVE PO BOX 3607 TIGARD,OR 97224 TUALATIN,OR 97062 2S108AA-00700 2S108AB-01000 HOLMBOE RICHARD/JUDITH PHELPS DAVID S AND JEANETTE PO BOX 230536 PO BOX 551 TIGARD,OR 97281 TUALATIN,OR 97062 2S108AA-01100 2S108AB-01900 JENSEN DANIEL J/NANCY M POND FAMILY TRUST 14300 SW 150TH ST 15140 SW BULL MNT RD TIGARD,OR 97224 TIGARD,OR 97224 2S108BA-05100 2S105CD-01300 JOSEPHSON GREGG R&JOYCE M PREDOVIC MARCOS L&VERONICA E 14000 SW 157TH PL 15540 SW BAKER LN TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-00800 • 2S105DD-00700 • PRUHSMEIER CAROL S WALSH LEIGHTON PO BOX 23234 PO BOX 3099 TIGARD,OR 97281 OREGON CITY, OR 97045 2S105CD-01400 2S105DD-00600 RODGERS RICHARD A&LINDA MARIE WALSH LEIGHTON 15585 SW BAKER LN PO BOX 3099 TIGARD,OR 97224 OREGON CITY,OR 97045 2S108AA-01000 2S105DC-00500 STANLEY ARTHUR M AND SUSAN S WARD CLEVE D&JANICE E 14270 SW 150TH 15140 SW SUNRISE LN TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01200 2S108A6-01602 SUN RIDGE BUILDERS INC WILKINSON GREGORY S 14912 SW SUMMERVIEW DR 15380 SW BULL MOUNTAIN RD TIGARD,OR 97224 TIGARD,OR 97224 2S108AB-01201 2S108AB-00900 SUN RIDGE BUILDERS INC WILLIS JAMES UMARTI M 14912 SW SUMMERVIEW DR 15285 SW BULL MTN RD TIGARD,OR 97224 TIGARD,OR 97223 2S 108AA-00901 2S 105 D D-00900 THOMAS RICHARD UPATRICIA YOUNGER NANCY REVOC TRUST PO BOX 230346 15065 SW SUNRISE LN TIGARD,OR 97281 TIGARD,OR 97224 2S105DC-00400 2S108BA-04800 TIGARD CITY OF ZICKUHR CLARENCE J& 13125 SW HALL BLVD BARBARA K TIGARD, OR 97223 15605 SW ROSHAK RD TIGARD,OR 97224 2S105DC-00100 TIGARD CITY OF 13125 SW HALL BLVD TIGARD,OR 97223 2S105DC-00201 TIGARD CITY OF 13125 SW HALL BLVD TIGARD,OR 97223 2S105DC-00600 TOWNSEND ARTHUR V&CLAUDIA A 15110 SW SUNRISE LN TIGARD,OR 97223 • • Charlie and Larie Stalzer Susan Beilke 14781 SW Juliet Terrace 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Craig Smelter David Walsh PO Box 1467 10236 SW Stuart Court Tualatin, OR 97062 Tigard, OR 97223 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (or. I of I) (i:\curoln\setup\labels\CIT West.doc) UPDATED: 4-Mav-07 '`� 0" _ a = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = NA FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2008-00002 FILE TITLE: PHELPS ANNEXATION APPLICANT/ OWNER#2: OWNER#1: David S. and Jeanette Phelps Arthur V. and Claudia A.Townsend PO Box 551 18227 SW Forest Park Road Tualatin, OR 97062 Hillsboro, OR 97123 REQUEST: Annexation of two (2) parcels on SW 153`d Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153rd Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB,Tax Lot 1000,and WCTM 2S105DC,Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units er acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6 . The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. DECISION MAKING BODY BELOW: [] TYPE I 0 TYPE II 0 TYPE III E TYPE IV COMMENTS WERE SENT: APRIL 11,2008 COMMENTS ARE DUE: APRIL 25.2008 El CITY COUNCIL (TUES.) DA Ili OF HEARING: MAY 27.2008 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION E VICINITY MAP E CERTIFICATION OF REGISTERED VOTERS NARRATIVE 1E1 CERTIFICATION OF PROPERTY OWNERSHIP ASSESSOR'S MAP 1E1 CERTIFICATION OF LEGAL DESCRIPTION IE LEGAL DESCRIPTION 1E1 DOUBLE MAJORITY WORKSHEET/CONSENT STAFF CONTACT: Emily Eng,Assistant Planner (503) 639-4171.Ext. 2712 CITY OF TIGARD ANNEXATION PROCESS WORKSHEET • FILE NUMBER: 0o -FILE NAME: BPS STEP #1: Talk with applicant about property and site. Confirm that annexation is possible for this property. •✓ Applicant submits City Annexation forms. Enter application into current Docket book and Tidemark. ,/ 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 respond. Send out by STEP #2: Send legal description to Engineering (Surveying)to have them check. Send legal description(s) &map(s)(with the area to he annexed delineated in red)to the Oregon Department of Revenue for pre- submittal review (Allow minimum of 2 weeks before packet is due). (Send to: y, Department of Revenue, Cartography Unit, PO Box 14380, Salem, OR 97309-5075). 2 (..e- - 7 s Schedule City Council public hearing date(Approximately 8 weeks from the date it is entered into the Docket) CC DATE girl 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, that is a party to any agreement for provision of an urban service to the affected territory.) Date notice must be provided: '-F 11 STEP #3: Send notice of the public hearing to property owners within 500 feet. Date notice must be mailed by: S f i (20 days prior). Publish ad in newspaper once each week for 2 consecutive weeks pri to public hearing. Dates of publication: � and I S t D AQ-e i. s(t.6rni-t- Prepare Ordinance and staff report. (Must be available 15 days before CC public hearing date/Due to Patty an Dick 1 week prior to packet due date). Due for review by Dick and Patty: 5(5 Date required to be available: _ `2— Packet due to Administration(Due to Administration 2 weeks prior to CC date). Packet due date: 5(13 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 findicatinq 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 providers/franchises.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 r R-,rf • AN EXATION/ZONE CHANGE ' giili4;;� TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall-B10:,-Tigar_d,,.OR 97223(503) 639-4171 FAX: (503) 684-7297 PRE-APP. HELD WITH: AE DATE.OF PRE-APP.: 12/ 3' "2_cv-1 F Ld d 2 Uiuc'S GENERAL INFORMATION CITY OF C iiGARD • FOR STAFF USE ONLY Property Address/Location(s): 15-305 .51v 153-- /V E � �,U � Case No.(s): Other Case No.(s): Tax Map & Tax Lot#(s): 2 S 1 08 A 6 1000 Receipt No.: Of Application Accepted By: -- Site Size: • 3. 42 to a c Date: 1/9.4 Property Owner/Deed Holder(s)* (NOTE: If more than one (1) property Date Determined To Be Complete: owner,please complete the attached petition form): $I I Q- OR b a V id S `i- J ea n etfe Phelps Current Comp Plan/Zone Designation: Address: P D B 555( . Phone: 503 590 0/1/p '')Pc(-'D e - (° City: Tua /of;h 0 t Zip: 677 0 (0 2., CIT Area: Applicant*: 501/ti P Rev.7/1/05 is\curpin\masters\revised\annex-zc.doc Address: Phone: City: Zip: REQUIRED SUBMITTAL ELEMENTS • When the owner and the applicant are different people, the • . Application Elements Submitted: applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner Application Form with written authorization. The owner(s) must sign this application in ja Completed • Annexation Petition for the space provided on the back of this form or submit a written "Double Majority" Annexation (attached) authorization with this application. .j Legal Description of Area to be Included PROPOSAL SUMMARY in the Annexation . rffr Map Identifying Areas to be Included in the Annexation The owner(s)of record of the subject property(ies) request to Annex 3• Lt acres into the City of Tigard and a Zone Change (#of copies based on pre-app check list)�i Annexation from Washington County's Zone: R (o to City of ❑ 2 Sets of Pre-Addressed/Pre-Stamped Tigard Zone: R 7 (if applicable). The current use of the area Legal Size Envelopes 0 requesting to be Annexed is: ❑ F*I 0 tit/A-- o A)i1 e.r re s e ti Cam. etro) as follows: N - (Single tax lot less than 1 acre) $150.00 6-5 acre $250.00 • (5-40 acres) $300.00 (Greater than 40 acres) $400.00 1 • • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. • • SIGNATURE(S) of Applicant(s) representing property owners listed on the attached petition: DATED this r day of J62U 20 V O Qzr.04- (juigr. Signature Si ature • Signature Signature • • 2 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO- Property Owner RV- Registered Voter PAGE OF OV-Property Owner& Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct TE Section Number Number Number X /53bsSw .,,J_ Rn . 2S�S ro0o �/o '/2s1os 11/- ,,� David S Phelps 'n 1 �3oS SW /55 " 25/s • lood yid `/R$/o3 • • i:\curpin\masters\revised\anxpetn.mst 15-Aug-02 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 Lot Numbers) NAME Of PROPERTY OWNER TOTAL ACRES ASSESSED VALUE OF THE PROPERTY SIGNED 'ETITION YES NO 2 S 10 $,q S 1000 David Jeemetfe Phelps 3. 6 3l� 4$0 • • y -77:7-717-77' G R h' � � n^r.•``L•e� y � � � �:.' ...__S.'Ris.. L'<t.n...,_.... _..__....._...��k_e�_. **REGISTERED VOTERS** ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER SIGNED PETITION YES NO 15 3 o 5 s w 15 3 RfJ tJ ea vi efte 1)1,1 f p s X .305" 5W 15-3Rb David S PIei p5 X **SUMMARY** i:\curpin\masters\revised\anxwksht.mst 15-Aug-0 TOTAL NUMBER OF REGISTERED VOTERS.IN THE PROPOSAL: 2 NUMBER OF REGISTERED VOTERS WHO SIGNED PETITION: 2 PERCENTAGE OF REGISTERED VOTERS WHO SIGNED PETITION: /00 TOTAL ACREAGE IN THE PROPOSAL: 3 . 4 (. ACREAGE SIGNED FOR: .3 n 6 PERCENTAGE OF ACREAGE SIGNED FOR: l l0(7 TOTAL NUMBER OF SINGLE-FAMILY UNITS: TOTAL NUMBER OF MULTI-FAMILY UNITS: TOTAL NUMBER OF COMMERCIAL STRUCTURES: TOTAL NUMBER OF INDUSTRIAL STRUCTURES • • Property Description for Map 2S108AB Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of"Wonder View Estates"; Thence from said point of beginning S 89° 49' W 296.40 feet to the northwest corner of said lot 3; Thence S 21° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05'W 290.00 feet along said west line to a point of curve on the north right-of- way of SW 153rd Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of"Wonder View Estates";. Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N00° 05' E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; _ _ _ Thence leaving the east line of said lot 3 N 02° 51' 15"W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet from the point of beginning; Thence N 00° 05' E along the east line of said lot 3, 205.00 feet to the point of beginning. ANN XATOINI CERTOFOE® B FEB 0 8 2008 WASHINGTON COUNTY A&T CARTOGRAPHY • • WHPEiCiI1t EXHIBIT "A" • S.W. 153rd Avenue City of Tigard Annexation RIGHT-OF-WAY ANNEXATION A parcel of land lying in the northeast one-quarter of Section 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, said parcel described specifically as follows: Beginning at the southeast corner of that tract of land conveyed to Teresa B. Hilliard by statutory warranty deed recorded October 11, 2000 in Document No. 2000082842, Washington County Deed Records, said southeast corner being on the centerline of S.W. Bull Mountain Road, also known as County Road No. A-147'/2; Thence, from said point of beginning, leaving the centerline of S.W. Bull Mountain Road, North 05°24'00" East, along the easterly line of said Hilliard tract, a portion of which is also the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", a distance of 289.00 feet to a point of curvature at the northeast corner of said Hilliard tract; Thence, along the westerly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave westerly, the central angle of which is 39°01'25", the long chord of which bears North 14°06'42" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of reverse curvature; Thence, along the westerly, northerly, and easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of"Wonder View Estates", along the arc of a 40.00 foot radius curve, concave southerly, the central angle of which is 258°02'51", the long chord of which bears South 84°36'00" East, a distance of 62.15 feet, an arc length of 180.15 feet to a point of reverse curvature; Thence, along the easterly right-of-way line of S.W. 153rd Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 27.23 foot radius curve, concave easterly, the central Page 1 of 2 • 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com :o..zu,CP • •• a 1NHPacific angle of which is 39°01'25", the long chord of which bears South 24°54'43" West, a distance of 18.19 feet, an arc length of 18.55 feet to a point of tangency; Thence, South 05°24'00" West, along the easterly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of"Wonder View Estates", a distance of 248.34 feet to a point of curvature; Thence, along the easterly right-of-way line of S.W. 153`d Avenue as dedicated in the plat of "Wonder View Estates", along the arc of a 20.00 foot radius curve, concave northeasterly, the central angle of which is 82°00'00", the long chord of which bears South 35°36'00" East, a distance of 26.24 feet, an arc length of 28.62 feet to the north right-of-way line of S.W. Bull Mountain Road as dedicated in the plat of"Wonder View Estates"; Thence, leaving said north right-of-way line of S.W. Bull Mountain Road, South 13°24'00" West, perpendicular to the centerline thereof, a distance of 30.00 to the centerline of S.W. Bull Mountain Road, also known as County Road No. A-1471/2; Thence,North 76°36'00" West, along said centerline of S.W. Bull Mountain Road, a distance of 63.66 feet to the point of beginning. The parcel of land to which this description applies contains 20,454 square feet more or less. Bearings are based upon the plat of"Wonder View Estates". REGISTERED PROFESSIONAL LAND SURVEYOR . e OREGON JANUARY 20. 1989 GARY P. CHRISTERSON 2377 RENEWAL: DECEMBER 31, 2009 P:\City of Tigard\034152\Survey\Documents\153rdAnnex-Lega1050708.doc Page 2 of 2 CONSUMit EXHIBIT "B" 9 LOT 2•V4 4 R=40.00' X258'02'51" LO''''''?'----. L=180.15' LC=S84'36'00"E, 62.15' ,---R=27.23' — — — X39 01'25" R=27.23 j 25' 25' i L=18.55' A=3901'25" I 4 LC=S24'54'43"W, L=18.55' 4,)�1 18.19' LC=N14'06'42"W, j 18.19' — — — — '`Z I _4, I DOC. NO. 2000082842 Q NY It Ct tl� N Cl) '4 I �t N O 2 co k I LOT 4 0 R=20.00' A=82'00'00" POINT OF BEGINNING lu L=28.62' AT SOUTHEAST Q LC=S35'36'00"E, CORNER OF DOC. NO. 26.24' 2000082842 I 25' 25' / O 30.00' b=BUL L 1 S13'24'00"W 9UN T y RQ D fr) A/76:36,6`� 6' M0UNTA/ o °0"w A_ '' ROAD a F SCALE 0 30 60 120 N �, ( FEET ) - a-- ,.'04 t=a,— 1 INCH = 60 FT n 1 X Q. DESIGNED BY: GPC CHECKED BY: GPC WHPacific EXHIBIT"B" g DRAWN BY: TEN APPROVED BY: GPC r 11 CITY OF TIGARD y4, LAST EDIT: 050808 PLOT DATE: 05/08/08 9755 SW Barnes Rd, o DATE BY REV! REVISION CK'DAPPR. Suite 300 ANNEXATION MAP Portland,OR 97225 S. W. 153RD AVENUE 503-626-0455 NAME CO. OR a Fax 503-526-0775 SCALE: PROJECT NO. DRAWING FILE NAME: SHEET 1 E www.whpacific.com 526-0775 1"=60' I 034152 1 34152—SURV—EX00 1 L o J AF. 0 r© . ss Lea, +a-.r,• Assess . 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: 7A-vL A _ K A TITLE: CA-RTo6 4P t t• t>1/47- /1 So 2 ANRtE AT('0 N CERTIFIED DEPARTMENT: tN-ss Sr-, T4)(isc-fl ) FEB 0 8 2008 COUNTY OF: tom►AS 0,c...)(„,Ta N WASHINGTON COUNTY A&T DATE: '-t . Zoo8 CARTOGRAPHY indicates that'Owner means the owner of the title to real property or the contract purchaser of real property. 1S . ..,9:1,P` �. ° ' ' e4 N -., O-"-cc 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: DEPARTMENT: COUNTY OF: DATE: • AFti WASHINGTON COUNTY IT" 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: 2 Number of signatures of individuals on petition. 3 Number of active registered voters within the territory to be annexed. 2 Number of VALID signatures of active registered voters within the territory to be annexed on the petition. Tax lot number(s): 2S108AB-01000 DIVISION: ELECTIONS COUNTY: WASHINGTON DATE: February 1, 2008 NAME: Luther K Arnold Jr, TITLE: Senior Administrative Specialist - •• .Sea/ OZ7teg— Ko&—,./f/ (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 &Taxation, Elections Division 3700 SW Murray Blvd, Suite 101 MS3; Beaverton OR 97005-2365 Phone: (503) 846-5800 Fax: (503) 846-5810 Email: election@co.washington.or.us www.co.washington.or.us/cgi/electhom/main.pl • /1 e SSt 'Ma )c afi ' • • 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 ZS t E5A- ) 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 {?4 — A . ILA v(-r=r't TITLE CA-9-1-06.I AP c PE-2.Vt Se R. DEPARTMENT AvSSC-4.St"N-L- T k `(-A SCATlv/■_) COUNTY OF (,)AS t-k t of C,To vJ DATE FE tom, g3 Zoog ANNEXATO*N CERTOFOCED BY ..(' A. FEB 0 8 2008 WASHINGTON COUNTY A&T CARTOGRAPHY I:curpin\masters\legal description certification 15-Aug-02 ��•, • • Pre-App Notes: Phelps Annexation Pre-app Meeting Held: 12/3/2007, 2 pm Staff Present: Emily Eng Basic Information Address 15305 SW 153rd Ave Washington County Tax 2S108AB,Tax Lot 1000 Map ID Washington County R-6 (Residential 6 units per acre) Zoning Designation City of Tigard Equivalent R-7 (Medium Density Residential) Zoning Total Area of Annexation Approx. 3.66 acres Territory Maximum Density 25 units (not accounting for sensitive lands and other potential issues) Minimum Density 20 units (not accounting for sensitive lands and other potential issues) Other Districts Tigard Water District Tualatin Valley Fire and Rescue Other Designations Tigard Urban Service Area (Tigard Urban Service Agreement) Tigard Area of Interest (Washington County—Tigard Urban Planning Area Agreement) Annexation Fee None from 7/1/06—6/31/08 Applicable Policies (see attachment with application form) Development Code Chapters 18.320 (Annexation) & 18.390 (Decision-making procedures) Comprehensive Plan Policies 2 (Citizen Involvement) & 10 (Urbanization) For Reference Metro Code Chapter 3.09 (Local Government Boundary Changes) http://www.metro-region.org/article.cfm?ArticleID=408 ORS Chapter 222 (City Boundary Changes) http://www.leg.state.or.us/ors/ Local Agreements (for reference) Tigard Urban Service Agreement Urban Planning Area Agreement t ` • • Annexation Process Type IV Procedure (See 18.390.060) Decision by City Council Timeframe: 2 1/2 to 3 '/a months (from application submittal to public hearing) Annexation is effective 30 days from date ordinance is passed (typically at public hearing) Submittal requirements: • Application form • Annexation consent form—submit original signatures • Double Majority form— submit original signatures • 2 copies of legal description • 2 copies of large tax map (property outlined in red and certified by Washington County Assessment&Taxation) • Certification of legal description and map (stamped by Washington County Assessment&Taxation) • Certification of property ownership (stamped by Washington County Assessment& Taxation) • Certification of registered voters (stamped by Washington County Elections Office) • 1 set business size envelopes (no return address) with address labels affixed (use label request form) and first class stamps (metered postage will not be accepted) • Check for$250 payable to Metro Contact Information Washington County Assessment and Taxation: (503) 846-8871 Washington County Elections Office: (503) 846-5800 Prepared by: Emily Eng Assistant Planner City of Tigard Emilyetigard-or.gov (503) 718-2712 6 0 PROPERTY LI \ L ADJUSTME\ T SN 28465 LOCATED IN THE SOUTHEAST ONE-QUARTER ONE-QUARTER SECTION 5, AND THE NORTHEAST RANGE ONE WEST SECTION 8, TOWNSHIP NARRATIVE: WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON 1 • SCALE 1 " = 200' DATE SURVEYED FEBRUARY 28, 200 THE PURPOSE OF THIS SURVEY IS TO MONUMENT THE BOUNDARY OF THE PROPERTY hk ' GIVEN O THE CITY OF OWNEDTBY THE CITY OFn T TIGARD DESCRIBED IN 9808 8115OF THE WASHINGTON THE COUNTY DEED RECORDS, BASIS OF BEARINGS N 89' 49' 00" E BETWEEN MONUMENTS "1" 111E SOUTH ONE-QUARTER CORNER OF SECTION 5 AND MONUMENT"2' THE SOUTHEAST CORNER OF SECTION 5, TOWNSHIP 2 SOUTH, RANGE 1 WEST MONUMENTS IN THIS WILLAMETTE MERIDIAN AS SHOWN ON THE PLAT OF WONDER VIEW ESTATES AS RECORDED IN BOOK 22 PAGE 17 OF THE WASHINGTON COUNTY SUBDIVISION RECORDS. ti PROPERTY NOT FOUND OR THE CENTER UNE OF SECTION 5 WAS ESTABLISHED BY HOLDING MONUMENT NUMBER 1 TIED SEE SN 27325 FOR AND 0.13 SOUTHEAST OF POINT NUMBER 3 AS SHOWN ON SURVEY NO. 27104 BOUNDARY THE SOUTHWEST CORNER OF THE PROPERTY GIVEN BY LUND TO THE CITY WAS SECTION 5. FROMHOLDI SO DEED ONE-QUARTER Q ARTER CORNER FEET OF SECTIONALONG THE SOUTH UNE THE REMAINING CORNERS WERE ESTABLISHED BY HOLDING UNES PARALLEL WITH THE DEED 98082815 SECTION UNE AND THE CENTER OF SECTION AS INDICATED IN DEED RECORDED IN BOOK 876 PAGE 463 OF THE WASHINGTON COUNTY DEED RECORDS AND DEED DISTANCES AS SHOWN IN PARCEL 2 OF DEED RECORDED FEE NO. 87002926 OF THE WASHINGTON (_� 3O• COUNTY DEED RECORDS. /ce��J nF. ® OLD PROPERTY UNE J v•h ;4,4' O p:'•' N89'49'00"E N89'49'00"E FOUND 3 1/4" AL DISC n! 300.00' 7- 284 88' ( OUNDEED BOOK 876 M °° In C OUNTY Z°. PAGE 463 N DP 2000060580 © g 1 4 �p FOUND to �ih 9L 300.00' DEED ° 135.00'° N89'49'00"E _ 5 6 2630.61' 93 i-..-. 1QFOUND 3 1/4 ALUMINUM DISK DOWN 5 FEET ON THE NORTH SIDE OF WITNESS POST 8 9 STAMPED AS SHOWN RESTORED IN U.S B.T. BOOK 7 PAGE 552. 1993 8 a O FOUND 3 1/4" ALUMINUM DISK DOWN .5 FEET ON THE EAST SIDE OF WITNESS POST igg3 STAMPED AS SHOWN RESTORED IN U.S.B.T. BOOK 7 PAGE 538. COL TO 8700 o �� TO�� 87002926 m 4 O DOWN 0.2 SET IN STANHURS YELLOW 3 PLASTIC HELD. ALPHA ENGINEERING 3 O FOUND wN 0./8S IRON ROD WITH T 0 B FEET WEST.CAP S TAMPED ALPHA ENGINEERING REFERENCES: DOWN WONDER ON ESTATES STANHURST °°�,°o NEW AREA ® FOUND 1" IRON PIPE FLUSH N1TH THE GROUND LEANING EAST 0.64 FEET SURVEY NUMBER in ai3.13 ACRES N 8357'29' E OF TRUE CORNER SURVEY NUMBER 17616. SURVEY NUMBER Qo 136517 SO.FT.g © FOUND 5/8' IRON ROD SET IN CONCRETE AT THE FENCE CORNER UP 0.3 FEET 17616 �°n o 0 N 46' 14 39 E 0.34 FEET FROM TRUE CORNER SET IN WONDER VIEW ESTATES 12785 17616 P o © FOUND 5/8" IRON ROD SET IN CONCRETE AT THE FENCE CORNER UP 0.1 FEET 19830 27325 WONDER VIEW o N N 21' 38 12"E 1.32 FEET FROM TRUE CORNER SET IN WONDER VIEW ESTATES. Z ® FOUND 5/8" IRON ROD UP 0.2 IN FENCE UNE SET IN WONDER VIEW ESTATES 8 ® FOUND 5/8" IRON ROD DOWN 0.2 IN FENCE UNE SET IN WONDER VIEW ESTATES rf . O HELD FOR THE SOUTH UNE OF WONDER VIEW ESTATES. NB2 09.039.03'' ESTATES 2 ®1 jj , REGISTERED PROFESSIONAL • 7 LAND SURVEYOR 11 LEGEND _ OREGON JULY 18, 1980 @V 0 SET 5/89RON ROD WITH YELLOW PLASTIC JOHN1 94HADLEY suit YO AD INSCRIBED CITY OF TIGARD -`_ • MONUMENTS FOUND AS NOTED EXPIRES JUNE 30, 2001 _���, O = MONUMENT NUMBER (_) = REFERENCE USED C C1 = CURVE NUMBER PI = POINT OF INTERSECTION RECEIVED 1 L7 = UNE NUMBER L = LEFT 1 YPC= YELLOW PLASTIC CAP R = RIGHT ACCEPTED FOR FlUNG E • SN. . SURVEY NUMBER WASHINGTON COUNTY SURVEYOR DOG.NO. = DOCUMENT NUMBER NWI /4 NE I/4 SECTION 8 T2 S R IW W. M. 2S I 8AB WASHINGTON COUNTY OREGON 300 SCALE 1 " = 100 ' 12 00 .76 Ac. SEE MAP 2S - I 5 al - In in N 89°4900'E 300.19 1315.4 SURVEY 0 4 CORNER t• / o t2 950 _ [{ p 748.55 SURVEY _.\ (SUNRISE LANE) ,�' N 89°49'E 731.4 PLAT �.� '� 17.6 17.0. w- u_' �'•. �. * 5 49.0 / r t\{I 4 1/Is cOR. INflIAL POINT NW COR. 461/322 ` S89°48'30"W FROM A 00 r 101 35' SEC. COR.-C.S.4265 12 0 i 1 I 0 0 1 00 0 2.59 Ac. 3.18 Ac. 10 I 5.34 Ac. il 0 1 '° in (CS 13,661) 02 # 1 • o - N O I s CANCELLED TAX LOTS 0I 0 1 3 g 901,1606,1800,1902,,600,1601,1605, . S89°494 549' ' 1700' -- - _._. _ - - - - o I O 01 co # 1 W 312 0 0 .. . 1 o f 0 1 102 100 I I M /.36Ac. I1 10 in /.05 Ac. G I I 2 3 See C.S.10053 I : / I W in r1 ° • \ � 1 0 0j 1 4' P4 89°49'E 163.48 549 r w1 400.0 N 1 N W COR. 423/7 1 4 � " 1 � I i 0 x W � ; � � (,' \ P' R N F' 200 J.l C) ! 1 .� v 1 � \iV 1.78Ac. e 41 1W y x • 0 1 , 3 C.S. 7356 o 23 10 r 1- • 0 0 • a N V (C.S No. 12,785) 0 1 5' �■-, 0 20'ROADWAY 142/576 0 - -' rr t5, j/'I AI 0� -• --- wN 89° 49'E 400.0 - I sA - .4 1 N 89° 55'M1 o 1 38.0 8 •+•• I z�. \ I SEE MAP SEE MAP 7 ` . ... 100. 00 --- ----.._ __.__ _ _ 1 GO I A 1. 2S ( 8134 r \ 159.18 N89° 56'W 197.58 nC BA ip to OS I 1300 , N " 00 �- N 0 I .76Ac. 1 /./2Ac. 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