Ordinance No. 02-02 CITY OF TIGARD,OREGON
ORDINANCE NO.2002- �7
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN
ANNEXATION (ZCA) 2001-00002/DAFFODIL HILL ANNEXATION AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED
SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE
DISTRICT, WASHINGTON COUNTY STRFET LIGHTING DISTRICT 41, CLEAN WATER
SERVICES,AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, Clean Water Services, and the Washington County Vector Control District upon
completion of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on January 8, 2002 to consider the annexation
of a parcel of land consisting of 3.16 acres and withdrawal of said property from the Tigard Water District,
the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance
District,Washington County Street Lighting District 91, Clean Water Services, and the Washington County
Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the 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 property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District#1, Clean Water Services,
and the Washington County Vector Control District on January 8,2002; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District#1, Clean Water Services,
and the Washington County Vector Control District by Ordinance; 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 current and proposed zoning district is R-7,therefore,no zone change is necessary; and
ORDINANCE NO.2002- C, ZCA2001-02 Daffodil Hill Annexation
Pagel of 2
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 City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties 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 parcel described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, Clean Water
Services, and the Washington County Vector Control District.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for
administrative processing.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, Clean Water
Services, and the Washington County Vector Control District shall be the effective date of
this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1,2002.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By btV1141t(71CC:i.k`� vote of all Council members present after being read by number and
title only,this 5 t' day of I/A � A� A C.kA, 0 ,2002.
�z ��► i L ttk,
Catherine Wheatley, City Recorder
2�1
APPROVED: By Tigard City Council this day of
�1 52002.
mes E. Gri/ *thor
proved as to fo
(ice
City AttorneyDate
ORDINANCE NO.2002- ZCA2001-02 Daffodil Hill Annexation
Page 2 of 2
EXHTBlT,fi
HARRIS - McMONAGLE ASSOCIATES INC.
ENGINEERS - SURVEYORS
12555 SW HALL BLVD.
TIGARD OREGON, 97223
TEL. (503) 639-3453 FAX. (503) 639-1232
LEGAL DESCRIPTION
FOR ANNEXATION TO THE CITY OF TIGARD
December 13, 2001 Revised
THE FOLLOWING DESCRIBED TRACT OF LAND BEING IN TITLE TO GEORGE MARSHALL
RECORDED AS DEED No. 2000-048857, WHICH INCLUDES TRACT "C" AS SET FORTH IN THE
DULY RECORDED PLAT OF"HILLSHIRE SUMMIT No. 2", AND BEING SITUATED IN THE
NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2-SOUTH, RANGE 1-WEST OF THE
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON.
BEGINNING AT THE NORTHWEST CORNER OF LOT 10 OF THE DULY RECORDED PLAT OF
"THREE MOUNTAINS ESTATES"; THENCE ALONG I'HE WEST LINE OF SAID LOT 10 AND
THE SOUTHERLY EXTENSION THEREOF S 00001'20" E 386.26 FEET TO THE CENTERLINE OF
SAW BULL MOUNTAIN ROAD; THENCE ALONG CENTERLINE S 86016'44" W 375.07 FEET TO
A POINT ON THE SOUTHERLY PROJECTION OF THE EAST LINE OF LOT 58, OF THE DULY
RECORDED PLAT OF "HILLSHIRE SUMMIT No. 2", THENCE ALONG THE SOUTHERLY
PROJECTION AND EAST LINE OF LAST SAID PLAT, N 00°01'48" W 399 86 FEET TO AN
ANGLE CORNER IN THE EAST LINE OF LOT 48, LAST SAID PLAT, THENCE ALONG THE
EAST LINE OF SAID LOT 48, N 35030'53"E 52.30 FEET TO THE SOUTHERLY 25 FOOT RIGHT
OF WAY LINE OF S.W. ALPINE VIEW DRIVE; THENCE ALONG LAST SAID LINL ALONG THE
ARC OF A 275.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
28°05'57" (THE CHORD OF WHICH BEARS S 76°02'56" E 133.52) AN ARC DISTANCE OF 134.87
FEET, THENCE S 89°54'06" E 214.37 FEET TO THE POINT OF BEGINNING.
CONTAINING: 3.16 ACRES, EXCLUSIVE OF EXISTING PUBLIC RIGHT OF WAY,
EXCEPTING FROM THE ABOVE DESCRIBED LAND THE AFORE MENTIONED TRACT"C"
WHICH WAS PREVIOUSLY ANNEXED TO THE CITY OF TIGARD.
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Attachment 2
Agenda Item: _1,
Hearing Date: January 8,2002 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
CITY OF TIGARD
FOR THE CITY OF TIGARD, OREGON Community
Development
Shaping A Better
Community
SECTION I. __APPLICATION SUMMARY
FILE NAME: DAFFODIL HILL ANNEXATION
CASE NO.: Zone Change Annexation (ZCA) ZCA2001-00002
APPLICANT: George Marshall OWNER: Same
PO Box 91249
Portland, OR 97291
PROPOSAL: To annex 1 parcel consisting of approximately 3.16 acres of land into
the City of Tigard.
CURRENT
ZONING
DESIGNATION: R-7.
EQUIVALENT CITY
ZONING
DESIGNATION: R-7, Medium Density Residential. The 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.
LOCATION: 13735 SW Bull Mountain Road; WCTM 2S109BA, Tax Lot 1400. The
project is located on the north side of SW Bull Mountain Road and
south of SW Alpine View.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.320 and 18.390;
Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and
ORS Chapter 222.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation will not adversely
affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL
of the annexation by adoption of the attached Ordinance.
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF4
ZCA2001-00002 -DAFFODIL HILL ANNEXATION 1/8/2002 PUBLIC HEARING
SECTION III. BACKGROUND INFORMATION
Site information and proposal description:
The property is currently developed with a single-family residence. The applicant has
obtained preliminary approval for an 18-lot subdivision named Daffodil Hill on the subject
site. The site is located north of SW Bull Mountain Road and south of SW Alpine View.
The site is surrounded by subdivisions that were developed for single-family housing and
are situated on lots that are larger than those proposed in Daffodil Hill. There is an
existing single-family home and a large barn located on the property. Both structures will
be removcd to accommodate the layout of the new proposed subdivision. The proposal is
to annex approximately 3.16 acres of land into the City of Tigard with an assessed value of
$474,000.
Vicinity Information:
The area to be annexed consists of 3.16 acres. The existing city boundary runs along the
north and west property lines. The subject property and the property to the east are outside
the Tigard city limits.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1,
10.1.2, and; Tigard Community Development Code Chapter 18.320.
Staff has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Policy 2.1.1:
This Policy requires an ongoing citizen involvement program. The West CIT and
surrounding property owners have been notified of the public hearing and notice of the
hearing has been published in a newspaper of general circulation. The site has been posted
since November 14, 2001, and the hearing was announced at the December Citizen
Involvement meeting. There have been a number of opportunities for citizens to be involved
in the decision making process.
Policy 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels. The City of
Tigard Police, Engineering and Water Departments, Metro Area Communications, NW
Natural Gas, Tualatin Valley Fire and Rescue, Tualatin Hills Park and Recreation District,
and Clean Water Services have all reviewed the annexation request and have offered no
objections. This policy has been complied with.
Policy 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjacent to the Tigard city limits on the north and west boundaries, and is eliminating one lot
that is currently a pocket of unincorporated Washington County surrounded by the City
Limits.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF4
ZCA2001-00002 -DAFFODIL HILL ANNEXATION 1/8/2002 PUBLIC HEARING
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.320.020: This Section addresses approval standards for annexation
proposals and is satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provisions
have been reviewed and satisfied as previously indicated in this report.
The property is currently zoned R-7. Because this property is in the Urban Services Area,
the equivalent zoning has already been attached to the property, therefore, the property
does not need to be rezoned upon annexation.
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 plans and public facility plans;
This has been discussed previously in this report and, as discussed, this criterion is 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 the applicable functional plan and the 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 provision of public facilities or services
because it is adjacent to existing City limits and services. Many services have been
extended to that area as a result of earlier development.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF4
ZCA2001-00002 -DAFFODIL HILL ANNEXATION 1/8/2002 PUBLIC HEARING
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 boundary change in question under
state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and
Rescue, Public Works, and Water Department have all reviewed this proposal and have
offered no objections to annexation.
SECTION VI. AGENCY COMMENTS
Clean Water Services, Metro Area Communications, NW Natural Gas, Tigard School
District, Beaverton School District, and Washington County have had the opportunity to
review the proposal and have offered no objections.
BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS
APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2001-00002 - DAFFODIL HILL
ANNEXATION.
December 20, 2001
PREPARED BY: Brad Kilby DATE
Associate Planner
>r December 20. 2001
APPROVED Rich d t
ersdorff DATE
Planningnager
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF4
ZCA2001-00002 -DAFFODIL HILL ANNEXATION 1/8/2002 PUBLIC HEARING