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Ordinance No. 77-19 f CITY OF TIGARD, OREGON ORDINANCE No. 77_- 1°_[,_ AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE INVOLVING LANDS OF R1WWM CITY OF TIGARD BY THE BOUND AKY COMMISSION, ORDER No. TOS2 R WW�W.M., & SECTION 35, T1S, , SUNAMOTO PROPERTY (S.W. WALNUT & S.W. 135) SECTION 4, E AND DECLARING AN EMERGENCY. WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DAT Commission established pursuabt to itsCfinalr 494 WHEREAS, the Boundary order Oregon Lacs of 1969 for the PortaandMetropolitan hereinafter described change in dated December 15, 1976 approved the boundaries of the City of Tigard, and a copy of said final order has been filed with the City Recorder,. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the final order of the Boundary Commission adopted oisthereto 15th day of December, 1976 copy attached and by this reference made a part hereof, be, and the same is, hereby gal force and effect ratified, confirmed and adopted by reference to the same le as if set forth herein in full they re Section 2: That the boundarithe landsof the ty of Tiard beasdescribed in9thedwithinaorderrofy changed to includesthe Boundary Commission, and the corporate limits of the City of Tigard are hereby changed in conformity therewith. - Section 3: That the Recorder of the City of Tigard be, and she is hereby, directed to forthwith file a copy of this ordinance, including a copy of said Order, in the following offices: (a) Secretary of State (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, - Washington County Section= 4: That the City Planning Commission be, and it is hereby, authorized and directed to conduct such proceedings as may be necessary to conform the authorized zoning and land use of the described premises to the requirements of the City's zoning Map and Code. Section 5: ';Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the foregoing change in the boundaries of the City become a permanent part of the City's records, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council, and approval by the Mayor. ORDINANCE No. i { : PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this day of , 19-2�—. Recor er - City of Ti rd APPROVED: By the Mayor, this o _ day of 17 v L„u o- , 19 . Mayor - City of Tigard PAGE 2' ORDINANCE No. 77 _ j i PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION } 527 S. W. Hall Street - Portland, Oregon 97201 - Tel: 229-5307 FINAL ORDER j RE: BOUNDARY CHANGE PROPOSAL NO. 1022 - Annexation of territory E to the City of Tigard. F Proceedings on Proposal No. 1022 commenced upon receipt by the Boundary Commission of a resolution adopted by the Boundary Commission on November 17, 1976 requesting that certain property be annexed to the city. The resolution meets the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2) and paragraph (d) of Section (1). i Upon receipt of the resolution, the Boundary Commission published 7 and posted notice of the public hearing in accordance with ORS t 199.463 and conducted a public hearing on the proposal on December 15, 1976. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory to be annexed is contiguous to the city and contains 68.31 acres, 3 single family dwellings, several farm buildings, an estimated population of 8 persons and is evaluated at $141,500. 2. The property owner requests annexation to obtain sewer collection service from the City to facilitate development of the terr- itory with approximately 287 dwelling units. 3. The territory is identified as Urban Intermediate in the Washington County Framework Plan; Urban in the Proposed CRAG Regional Framework Plan and Low Density Residential in the adopted City of Tigard Comprehensive Plan. The current county zoning is SR-1 (suburban residential) which allows single family dwellings at a variety of densities depending on availability of public services (the highest density is 20,000 sq. ft. lots if public water is available and sewers or septic tanks permit that density). 4. Sewer service is available to the territory through the joint use of existing City of Tigard facilities and the proposed extension f of the 30-inch Unified Sewerage Agency North Bull Mt. trunk. The majority of the territory is in the Tigard Water 'District which has an 8-inch water line adjacent to the territory as well as adequate source and storage capacity to serve the territory when developed as proposed. Fire protection would be provided by Page I - FINAL ORDER J 4 • • t Washington County RFPD No, l; police, street maintenance, planning, etc. would be provided by the City upon annexation. 5, The territory appears to be "urbanizable land as described in LCDC Goal 14 because of its designation as "Urban Intermediate" land in the Washington County Framework Plan. The Boundary Commission as a state agency is required to apply the Statewide Planning Goals in decisions which have land use implications. There are four factors in Goal 14 which should be considered by the Commission; 1) Orderly, economic provision for public facilities and services; 2) Availability of sufficient land for the various uses to insure choices in the market place; 3) LCDC Goals; and 4) Encouragement of development within urban areas before conversion of urbanizable areas. The proponent has presented information which appears to make the case for the boundary change. Briefly, 1) water and sewer service are available to the territory; thus there is an orderly framework for the provision of urban services; 2) vacancy rates in the Tigard area are below the average rates, indicating a need for more housing units spo the issue of whether orr not there hisasufficientplicantalandtwitthinn to the City already for this kind of use) ; 3) the annexation does 4 not appear to violate other LCDC Goals, but to the contrary, would enhance the housing, ever y conservation, public facilities and transportation goals; and 4 most are able at this time) of the area in the CityeofcTigardres is alreadail- Y developed or is under process of development. 6. The County Planning Department has recommended deferral of this proposal pending completion of the CPO Yk4 Community Plan for the area and adoption of an Urban Growth Strategy in mid-1977. REASONS FOR DECISTON On the basis of the findings the Commission determined that; 1. The territory is within an area identified by the City for urban expansion in its Comprehensive Plan.. The County Framework Plan identifies the area. for urban use at some future time. t - 2. Annexation and subsequent development of the land appears to be appropriate because of the availability of water and sewer service and, the proximity of the territory to urbanization in the greater Portland metropolitan area (SW 135th Ave. is relatively close in to the urban center when comparing development in other parts of the metropolitan area), f Page 2 - .FINAL ORDER t t , 3. Because the territory is already mostly in the Tigard Water District and zoned appropriately for low density residential development, there is extreme potential for subdividing of the land at a lower density than desirable for "urban" residential property. Annexa ion will help insure that development will take place with water and sewer service, thus maximizing use of "urban" land. 4. The applicant presented material which met the test of the four factors in LCDC Goal 14 relating to the conversion of "urbanizable land to "urban" use. } ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1022 on December 15, 1976. NOW THEREFORE IT IS ORDERED THAT the territory described in Appendix "A" and depicted on the attached map be annexed to the .City of Tigard as of 45 days from this date or at what other subsequent date that the law requires. E PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT c BOUNDARY COMMISSION 4 DATE: December 15, 1976 By: Carolyn �Passaway Chairman ` . Attest: p i 1 t Page 3 - FINAL ORDER i:y 1 i Appendix "A" Proposal No. 1022 r City of Tigard Annexation ' t j �)OI`f1.on of j,,rj(] .i.11 Section G , rTown.,01i17 O[]t11, mUi17 4-} r J 1 1 �;C;;t �'ri 11�i::Cttl; `oclujon , C[ 1;(' r being i P ore r•ar 'icu).=1'ly ce,,C:T ...' D0U ; f f011w,S: r i.1?e i'iOT'ii1;;rCSt 1.-01 1' o tl: . 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Page 4 - FINAL ORDER . wn.,a• :r • o+•. Ni1Ne••P�.f1ia•YMTLe1AgMeifAR• N � ��` I �,: . f •' tl Ste rap Proposai No* 10 ;a / ; t �r �alale _ b 11 6•t•• �s•o .s •... g. 0.�•gel • $ �� • I T Y OF TIQAND7' ` �L � v ..�a .�..... • �. r , 33 e f Sao III a-a a • AREA T^ BE �yjq�'�ID Mas .yen M y AI7LA��L 8L1 lll7 la PJA,pIJ.l 'VAP F X wpi• I.ea r map as Ile 1 ,,.• aac rap a0 1 eaa twiltAUTo 600 M PROPOSAL NO. 1022 :? CIS[ OF TIGARD .. , M 44AWATION4; .r••$ •t e,4181 PI ,. .� _ VIZ.Z. ' �° ,