Ordinance No. 00-05 CITY Ou1.1'"ARD,OREGON
ORDINANCE NO.2000- C6
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99-
00008 — AREA 3 - -WALNUT ISLAND ANNEXATION AND WITHDRAWING PROPERTIES FROM THE
TIGARD WA'T'ER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET
LIGHTING DISTRICT 41,AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS,the City of Tigard is authorized by ORS 222.750 to annex property not inside the Citywhich is surrounded by
the corporate boundaries of the City;and
WHEREAS,the City of Tigard is authorized by ORS 222.120(5)and ORS 222.520 to withdraw properties which currently
lie within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington
County :Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County
Vector Control District upon completion of the annexation;and
WHEREAS,the Tigard City Council held a public hearing on December 7, 1999 to initiate annexation proceedings and on
February 8,2000 to consider the annexation of 5 parcels of land consisting of 4.2 acres and withdrawal of said properties
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District#1, and the Washington County Vector Control District;
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 District has no debt for the City to assume,therefore,no option regarding the assumption of debt needs to
be made; and
MJJVHEREAS,pursuant to Metro 3,09 Local Government Boundary Changes,ORS 222.120,222.524 and ORS 227.175,notice
as given and the City held a public hearing on February 8,2000 on the issue of the annexation into the City and withdrawal
of those annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District,Washington County Street Lighting District#1,and the Washington
County Vector Control District upon completion of the annexation; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water
District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District#1,and the Washington County Vector Control District upon completion of the
annexation by Ordinance;and
WHEREAS,the Tigard Development Code states that upon annexation,the zone is automatically changed to the City zoning
most closely confonning to the County zoning;and
WHEREAS,the equivalent zoning district to the Washington County R-4.5 is City of Tigard R-4.5;and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 Local Government
Boundary Changes,the Tigard Development Code and Comprehensive Plan and the applicable criteria are found to be met;
and
WHEREAS,the City Council has carefully considered the testimony at the public hearing and determined that the annexation
into the City of Tigard and withdrawal of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District,Washington County Street Lighting District#1,and the Washington
County Vector Control District upon completion of the annexation is in the best interest of the City of Tigard and the affected
roperties.
OW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE NO.2000--D-,'L— i:\citywide\ord\Walnut Island Area-Lord
Page I of 2 Julia P H 184anuary 2000 5:30 PM
SECTION 1: The City Council adopts the findings and conclusions in the staff report and in accordance with the Metro
3.09 requirements,the City Council specifically adopts the findings and conclusions regarding the Metro 3.09
criteria on page 3 of the staff report,which is attached as Exhibit"All of this Ordinance.
CTION 2: The Tigard City Council hereby annexes the parcels described in Exhibit "B" and shown in Exhibit"C"
and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol
District,Washington County Urban Roads Maintenance District,Washington County Street Lighting District
#1,and the Washington County Vector Control District.
SECTION 3: Upon annexation,the affected properties shall be designated as follows:
Current Comprehensive Plan Designation and Zoning
Wa.Co.R-4.5
Equivalent Cill of Tigard Comprehensive Plan Designation and Zoning
City of Tigard R-4.5
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: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative
processing.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water
District shall be July 1,2000.
SECTION 7: Pursuant to ORS 222.120, the effective date of the withdrawal of these properties from the Washington
County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance District,
Washington County Street Lighting District#1,and the Washington County Vector Control District
shall be the effective date of the u.nexation.
SECTION 8: In accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary of State.
PASSED: By anOLrli"INS vote of all Council members present after being read by number and title only,
This day of_ ,e�QJu! .2000.
a Brine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of .2000.
fmitesNieeli,M401
Ap roved as to form:I
V Brian J. Moore, Council President
Ci Attorney
5—
Date Date
ORDINANCE NO.2000- is\citywide\ord\Walnut Island Area-Lord
Page 2 of 2 Julia P H 18-January 2000 5:30 PM
EXH
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 16.320.020: This Section addresses approval standards for annexation proposals
and is satisfied becauwe:
The applicable Comprehensive Plan Policies and Community Development Code provisions have
been reviewed and satisfied as previously indicated in this report.
When the City took responsibility for Urban Services through the Urban Services Agreement, the
County re-zoned the properties to the equivalent City of Tigard zoning at that time, therefore the
appropriate City zoning is already attached o the properties.
Metro 3.09 requires the additional standards to be addressed in annexation decisions, in
addition to the local and state review standards. These are addressed and satisfied as
discussed below:
Consistency with the directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider agreements.
Consistency with directly applicable provisions of urban planning or other agreement, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a
necessary party;
The process required by the Development Code and comprehensive plan is consistent with the
Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards or criteria for boundary changes
contained in comprehensive land use pians and public facility plans;
This has been discussed previously in this report and, as discussed, it satisfied.
Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plans;
Because the development code has been amended to comply with applicable Metro functional plan
requirements, by complying with the development code and comprehensive plan, the annexation is
consistent with applicable functional plan and Regional Framework plan.
Whether the proposed changes 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 provisions of public facilities or services because
the City of Tigard completely surrounds the subject parcels. Because the City surrounds the walnut
island area, the proposed annexation will facilitate more orderly provision of public services than is
currently the case and will eliminate confusion regarding service providers in this area.
If the proposed boundary change is for annexation of territory to Metro, a determination by
Metro Council that the territory should be included in the Urban Growth Boundary shall be
the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applicable criteria for the in question under state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
STAFF REPORT TO-1 HE CITY COUNCIL PAGE 3 OF 4
I XCA 99-WM.ZCA 99-00020 WALNUT ISLAND ANNEXATION' 202000 PUBLIC HYING
EXHIBIT B
Description 3
A tract of land situated in Section 3, Township 2 South, Range 1 West, Willamette
Meridian,Washington County,Oregon being more particularly described as follows:
Beginning at the northeast comer of Genesis No.3as recorded in Book 52 pages 32&33 of
the Washington County Subdivision Records and the westerly line of Pathfinder U,recorded
in Book 37 Page 32 of the Washington County Subdivision Records; thence N 24° 38'00
W, along said westerly line,a distance of 354.44 feet to the northwest comer of Pathfinder
II; thence N 87* 25' 10"E,along the north line of Pathfinder II,a distance of 90.63 feet to
the northeast corner of lot 43 Pathfinder II; thence N 240 55' 30" W a distance of 180.35
feet to southerly right of way line of S.W.Fonner Street; thence S 870 46'001,W,along said
right of way line,a distance of 464.61 feet; thence S 000 53' W a distance of 317.00 feet;
thence N 870 46' E a distance of 70.00 feet; thence N 02° 00' 30"W a distance of 98.00
feet; thence N 87° 46' E a distance of 98.00 feet; thence S 020 00' 30" E a distance of
95.37 feet; thence N 87°46' E a distance of 173.18; thence S 14°32' 10"E a distance of
175.59 feet to the north line of Genesis No. 3 as recorded in book 52 page 53 of the
Washington County Subdivision Records; thence S 89° 53' E, along said north line, a
distance of 218.00 feet to the point of beginning.
ISLAND ANNEXATION 6
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