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Ordinance No. 80-60 CITY OF TIGARD, OREGON ORDINANCE NO. SO- (110 k s AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1575, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE TIGARD COMPREHENSIVE PLAN AS ADOPTED AND FIXING AN EFFECTIVE DATE. (SNYDER ANNEXATION AND ZONE CHANGE) PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map 1S1 34DA, Tax Lots 3100 _3200, Address N. Dakota/East of 106th, File Number ZCA 20-80, Present Washington County Zoning Designation RU-4, Zone Changed to City of Tigard R-7 "Single Family Residential Urban Low Density". WHEREAS, the Boundary Commission, established pursuant to Chapter 494 . :Oregon Laws of 1969, for the Portland Metropolitan Area by its Final Order No. 1575, dated May 26, 1980 approved the hereinafter described change in k the boundaries of the City of Tigard, and a copy of said Final Order has been filed with the City Recorder; and WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised Statutes, has adopted a Comprehensive Plan which includes the lands within this Annexation. t a. NOW, THEREFORE, 5, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the Final Order of the Boundary Commission adopted on the 26th day of May 1980, a copy whereof is hereto attached and by r this reference made a part hereof, 1?e, and the same is, hereby ratified, r confirmed and adopted by reference to the same legal force and effect as if set forth herein in full. SECTION 2: That the boundaries of the City of Tigard be, and they are hereby a ` changed to include the lands as, described in the within Order of the 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 r copy of sai3 Order, in the following offices: (a) Secretary of State e (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County t. (d) Department of Public Works, Attention: Surveyor, Washington 1 County . ; . �F ORDINANCE NO. By f� ZCA 20 so v i" rv. F t t P SECTION 4: Finding that the lands hereinafter described are now Zoned as Washington County RU-4 and further finding that pursuant to ORS 197, the City of Tigard has adopted a Comprehensive Plan for said lands on August 26, 1979, and that ORS 197.175 requires cities to enact Zoning r Ordinances to implement their Comprehensive Plans, and further finding that pursuant to procedures, the abovestated Zoning Map Amendment was presented at a Public Hearing held by the Tigard City Council on July 28, 1980 and all interested persons were afforded an opportunity to be heard at this Public t: Hearing. The Council adopts the following substantive finding: t> (a) That this Zone Map Amendment is in conformance with the Comprehensive Plan Designation on the NPO #7 Plan which is a portion of the adopted Tigard Comprehensive. Plan. µ f SECTION 5: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an Amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits t` "B", and "C" attached and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to R-7. Exhibit "A": - Legal Description, Exhibit "B": - Tax Map, + �r Exhibit "C". - Staff Report SECTION 6: 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 and Zone Map Amendment 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. r , PASSED By � 1Qy�!nUti vote of all Council members present, after being read two times by number and title only, this Al day of 1 ( 1980.. AL sz/6z -W Rec6iVer Ci y of Ti APPROVED: EX the Mayor, this 1_g� day of � ( , 1980. t l dii t y 1& or --City of•Tigard �y 4� ORDINANCE NO. 80- � .ZCA 20-80 E Page 2 7 ( � d APPENDIX "A" PROPOSAL NO. 1575 ANNEXATION CITY OF TIGARD A tract of land in Section 34, Township 1 South, Range 1 West, of the Willamette Base and Meridian in Washington County, Oregon, described as follows: Beginning at a point on the North line of the John L. Hicklin Donation land Claim No. 54, a distance of 36.305 chains East of the Northwest corner of said claim, said point also being on the centerline of SW North Dakota Street; THENCE,, South and parallel to the West boundary of said claim a distance of 498.46 feet to the Southeast corner of a tract of land conveyed to James Patecky et u, by deed recorded August 1, 1928 in Book 139, Page 239, Washington County Deed Records; T ENCS, East 174.83 feet; THENCE, North a distance of 500.02 feet to the North line of said claim; THENCE, West along the. North line of said claim a distance of 174.83 feet to *v the point of beginning. 3 a: Page 3 - FINAL ORDER n , • _� _. C-fit �.rr;.L os a l N6.. i5-1D SE 1/4 SECTION 34 TIS RIW W.M. 13 134® WASNINUCON CCUN?Y OREGON sca.e t•.:Oo f . • f� CITY OF T16A1;D ,l 1 60 ! *yy 11200, w0{woo i30 000 '100 0 JC 00 40':400 00 0 apY.tO �f•I•• 1 •tl•r I •ww ftlfN� Ii1k Nr •r •riy >A• ..vv 'GfiO I I s I`A •� , sM+a {{ppy��o ` 7=5 ' A • 1 q/r•4.� W. ..RR 1 ,..w r .•.. y.a .. .• .. •a'. t•' I s00 1a00 1100 I400 �+so0 yy1 a�21002500 =470 1••0„ �2i00 860250 Dago { 1 11nf wr Ir Nr �••IIa UIr •fIN IJIM �ifa '�4Mr 11iN�I•r �ir i e ,I•IN .flr r� IJir.• _ �_ n, • ` �: 111 A f• + ItOpi i � 1 2+.M'•{ :� •�''.•i jr.',i i i pq i i rift ••.e� � •• • iw•r.,� • .AY .. ?� •�.. Lys. :a J. :a � 31 fl: 2 3000 r� 11\ • 1 N • i9•,•M %WWI ••t•4!4iK'r.�t�� . eppp m 1700 s 5771 J570 1 I 4. • l i MN {�•�° I.AIIA 'SAM AREA ?�O BE 11315. m • �• 23 7 W.TiBAsm 5T. • •• ter•)1I/ leal��'^'�� �•.•H .. •W 1 5400 1 1600 !a I I a CITY OF T16I I - -?4 Cox �.. � .•.•O V W ; �1...`ri 11 - — . PROP05AL No. 1575 CITE' OF T16ARD ANNEXATION F1GURE 2. — n AlINNEXATION/ZONE CHAIIGE FffirI0 TO: TIGARD PLAINNING CONr1ISSION DATE: FROM. PLANNING DIRECTOR SUBJECT: ANNEXATION REQUEST ANIS ZONE MANGE TO THE COMPREHENSIVE PLAN ANNEXATION TITLE: STIMPROL DakotalF.of 106th�IGARD RESOWTION #_ $0_12 _ PROPERTY LOCATION: 151-34DA: max lots 3100.3200 (see attached map) PRESENT ZONING (WASHINGTON COUNTY) : FU--4, Single family. 7000 Sq ft. 1 ntS CCXXPREHENSIVE PLAN DESIGNATION: R7,Urban lows density, _single family ential PROPOSED DEVELOPMENT PLANS: Duplexes PUBLIC SERVICE AVAILABILITY: 61' Sewer line available fronting the site in 3 -;acv Dakota Street S s STAFF RECOAMMDATIONS .A JJ i PORTLAND .•IETROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION + 320 S. W. Stark (#530) - Portland, Ore . 97204 - Tel : 229-5307 t FINAL ORDER F RE: BOUNDARY CHANGE PROPOSAL NO. 1575 - Annexation of territory to the City of Tigard. Proceedings on Proposal No, 1575 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on March 5 , 1980 requesting that certain property be an- nexed to the city. The resolution and property owner consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Seztion (2) . Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted public hearings on the proposal on April 10 and May 1, 1980 . 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 hearings and the study the Boundary Commission found that : 1. The territory to be annexed is contiguous to the city and contains 1.92 acres, 1 single family residence, and is evaluated at $522 ,600. 2. The petitioner desires annexation to obtain city sewer service to facilitate construction of d-uplexes on the site. 3. The area is within the Urban Growth Boundary acknowledged by LCDC. 4. The territory is Urban on the Washington County Framework Plan. Current county zoning is RU-4 allowing for minimum lot sizes of 7,000 sq. ft. Under this zoning the territory would accommodate up to 8 units. 5. The city's comprehensive plan designates the territory as Urban Low Density. Duplexes would require a conditional use approval. With such an approval a maximum of 12 units could be permitted. 6. The proposal is in conformance with LCDC Goals . 7. The territory is within the Metzger Water District which serves this area of the city. Water is available from a 6-inch line located in Dakota Street fronting the site. 8. A City of Tigard. 6" sewer line is available to serve the parcel Page 1 FINAL GIRDER fronting the site in SW Dakota St. 9. The territory is within the boundary of Washington County RFPD #1 which also serves the city. REASONS FOR DECISION On the basis of the: findings the Commission determined that: 1. The petitioners desire sewer service to facilitate residential development of the site. 2. The proposal conforms with city, county, and regional land use plans and with applicable LCDC Goals. 3. Upon annexation a full range of urban services will be available from the city. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1575 on May 1, 7.980. 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 the date of approval. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date: I 4 By:` Dona Pe erg cIIonald Chairman Attest: (n__ r t 6 l Page 2 FINAL ORDER 3 1 f v