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Ordinance No. 80-61 m : CITY OF TIGARD, OREGON ORDINANCE NO. 80-_X AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER ` NO. 1590, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1.970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM 6;'ITH THE TIGARD COMPREHENSIVE PLAN AS ADOPTED AND FIXING AN EFFECTIVE DATE. M (RICHARD SMITH ANNEXATION AND ZONE CHANGE) _ PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map 2S1 11CB, Tax Lot 1726, Address 10470 SW Kable Street, File Number ZCA 19-80, Present Washington County Zoning Designation RU-4, Zone changed to City of Tigard R-7 Single Family Residential Urban Low Density. y+. WHEREAS, the Boundary Commission, established pursuant to Chapter 494 Oregon Laws of 1969, for the Portland Metropolitan Area by its Final Order No. 1590, dated May 26, 1980, app roved the hereinafter described change in 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. NOW, THEREFORE, 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 this reference made a part hereof, be, and the same is, hereby ratified, 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 changed to include the lands as described in the within Order of f' r" 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 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 ,A �.i ORDINANCE NO. 80 .' ZCA 19-80 w s, 5 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 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 Hearing. The Council adopts the following substantive finding: (a) That this Zone Map Amendment is in conformance with the Comprehensive Plan Designation on the NPO #6 Plan which is a portion of the adopted Tigard Comprehensive Plan. 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 :Iunicipal Code as embodied in adopted Exhibits "A", "B", and "C" attached and made a part of this Ordinance. Exhibit "A": - Legal Description, Exhibit "B": - Tax Map, 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. PASSED: By ,,n� vote of all Council members present, after being read two times by number and title only, this -_ , day of 1980. w Recorder City"Of Tigar , APPROVED: By the Mayor, this day of , 1980. yor � f Ciy Tic pp ORDINA14CE NO. 80- t ZCA 19-80 `. Page 2 s ORDER t T On the basis of the findings and reason listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1590 ori May 1,.. 1980. 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 BYCt-rG� Peter MCDonal Chairman Attest . APPENDIX "A„ PROPOSAL NO. 1590 ANNEXATION ! t CITY OF TIGARD (' j That certain tract of land located in Section 11, Township 2 South, Range 1 West of the Willamette Base and Meridian in Washington. County, Oregon described as follows, Beginning at the Southwest corner of lot 25 of Hood View No. 2 addition said corner being on the existing city limit line, q thence, Easterly along said city limit line and the South line of t , said lot 25, a distance of 109 feet to the Southeast corner thereof, E f thence, Northerly along the East line of lot 25, a distance of 139.01 feet to the Northeast corner thereof; thence, Westerly along the North lice! of lot 25, a distance of log feet to the Northwest corner thereof; f thence, Southerly along; the West line of lot 25, a distance of 139.42 _ w feet to the Southwest corner thereof and the point of beginning. #. i Page 2 FINAL ORDER fi. , i 9 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 Tel : 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1590 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 1590 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on March 26, 1980 requesting that certain property be annexed to the city. The resolution and property owner consents meet the re- quirements for initiating a proposal set forth in ORS 199.490, par- ticularly Section (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 a public hearing on the proposal on May 1 , 1980. The Commission also caused a study to be made on this proposal which con- sidered 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 : i 1. The territory to be annexed is contiguous to the city and contains . 35 acres , 1 single family dwelling , an estimated population of 3 persons, and is evaluated at $65,800. 2. The property owners desire city sewer service to eliminate a po- tential health hazard caused by a failing septic tank. The failing septic tank has been cited by the County Health Department and hook-up to the sewer mandated by that agency. 3. The action complies with LCDC Goals #6 & 11 , and other LCDC Goals were found not to apply. The area is classified as Urban by the regional and county plans and is already fully developed. The city plan designation is Low Density Residential. 4. The city has a sewer line within 80 feet of the property which can provide service immediately. Water and fire protection are already provided by special districts and will continue to be so provided subsequent to annexation since the city is within those two districts. Police, parks and other city services will be available immediately upon annexation. REASON FOR DECISION On the basis of the findings the Commission determined that: 1. The property needs sewer service tea alleviate a potential health - hazard., and the city has sewer service immediately available upon annexation. Page 1 - FINAL ORDER ., �• -- .a� .t, t1w„J t�. a i ft, ty 490 P(opos .74. .7.4 .rs) 1 ••a° I' G! S6 •7C3 •7:) I •70r iq�' (2.51 upc ' S.W. HOODVIEW •••' 3 .7p � • •!' � raw .'3• •)a i •)D�' u`r � .rCi 1 .•v9 \•'s� ! ,� �.� t1 I lM., ! :! JI >0 9r X ,3 � 3• �4 ` r t! a .r. •yt 1 R •7=r !a •r:e Irr! .;) f ,7„ ! .r)r 11133 1:34ri w •••u ';.« ,,•! F >�• I I I I � .n. �i AA R Ep TO •i A Y 74 = )' b° S.W. ••• KABLE t° STREET b tfre •ar! .,rs � •,a, ! ••» Oma) .,r. + .•ra I •••! •na .r•r lea I 88 ) r• ? rI 2� �_ r. (�/) p •' •4 f. .i i .7 .` N .' fl! :i a '•'a', _• —a-- QW ; x aa• •'iea.�eU�r_.eY�-•qi._rL ds k—j_ 7;, ._ .�._. 7\ 4i y.n „) i, .20 i•: '9S , d' ,!� i • 4300 •. •e + •�,'3'd7 :.a^WIL •` Sace 03 S.W. HIGHLAt4D v t;'a7ao_•a` •� E 1. eSt7�e'1 0?\: haa, _ 4'C; •S.Y ..al` •,1,y;..rt�.�,7(•(e •,,.� :�...f.y;�.'rsc'fl-a::•td.4 .,• • 1.1+. ,• 'S• ioa 'G' ••.;o ..+ CITY Iii TIV Rfl � � •ce a ,, ..., y.. —2 t + TERRACE 't a GR�te'I 4 ��•-' a,:'a,.• ' p Y�":�•`E9eh;// 'V 1n - --�� �N a.-: -�"' •.,,x.�i'n:rf '` � ,• �•s•i`:.:`. y yeN;�:; O�`yE l �..C+ *r..• ��r ...•:: r' ' .w :•: tAE,RF IELD q••+ \ ,`, r a•'.•ts. ` _ i .,w.. .y.s'i' SJJ .w•v:e:••...rr;"I';4.:.s �'. , ",,.p�,;,�:-�•'.. ,�„r�•°� Win- f � �'k .:Y,' 1 vc,i f � .•Y.r �`.�_ ��� 2 �4 �r i ! .. • is ..••.. � �tl •Y;'3, 1- :! '!. I i„ •; • :p 0Slh. 1 ga ytr r t,S ��+,'•" :1 I I rl .\/I �. f. 7.. I 1. D - SSPROPOSAL "$yp{'y/�, ( s 1 p,�•�Q �yr,•.+ •. a 0. 0 . CITY OF T%6ARD ANKYA TION •t . 7. �r .'a 4: l "r R s. r '+ •4J '�, �• '�•6 4.•�•. a C i ... r n '� .aa,•Sf,..rJ..R a .J ..! V l ANNEXATION/ZONE C1.1ANGE MEb10 T0: TIGARD PLANNING COMMISSION DATE: FROM: PLANNING DIRECTOR SUBJECT: ANNEXATION REQUEST AND ZONE CHANGE TO THE COMPREHENSIVE PLAN ANNEXATION TITLE: RrCHAIM SMITH , TIGARD RESOLUTION # PROPERTY LOCATION: _16470 SW Cable st -2S/ UCS Z� Z G (see attached map) PRESENT 'ZONING (WASHINGTON COUNTY) : RU-4 COMPREHENSIVE PLAN DESIGNATION: R7, Urban low Density RP—idential PROPOSED DEVELOPMENT PLANS: Property is already ed kith a single- amil ideas an Health required annexation to the City due to se t c tgnk_failure. PUBLIC SERVICE AVAILABILITY: A Tiaard/USA sewer manhole exists at the north end of a stub street off Highland Dr. in Summerfield,S6 feet south of the SE property corner of this site. STAFF RECOMMENDATIONS: