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Ordinance No. 80-88 p CITY OF TIGARD, OREGON ORDINANCE NO. 80- 8� li AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 163 _, 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. ABBOTT ANNEXATION AND ZONE CHANGE PLANNING DEPARTMENT REFERENCE INFORMATION: ; Annexation short title Abbott, Tax Map 2S1 12A, Tax Lot 1500, Address West of SW 74th Avenue-East of 76th Avenue-South of Bonita Road, File Number ZCA 26-80, Present Washington County Zoning Designation RU-4, Zone changed to City of Tigard M-4. WHEREAS, the Boundary Commission, established pursuant to Chapter 494 Oregon Laws of 1969, for the Portland Metropolitan Area by its Final Order No. 1634, dated April 30, 1980, approved the hereinafter described charge 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 30th day of April, a copy where of 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 effects 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 desnribed 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 copy of said Order, in the following offices: (a) Secretary of State t. (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Pubic Works, Attention: Surveyor, Washington County r i ORDINANCE NO. t r 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 October 27, 1980, and all interested persons were afforded an opportunity to be heard at this Public Hearing. The Council adopts the following substantive finding:- (a) inding:(a) That this Zone Map Amendment is in conformance with the Comprehensive Plan Designation on the NPO #5 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 Municipal Code as embodied in adopted Exhibits "A'', "B", and "C" attached and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to M-4. 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 Mag Amendment become a permanent part of the City's records, an emergency is hereby declared to exist, and this Ordinance shall be effecti-re upon its passage by the Council, and approval by the Mayor. PPOSFD: By n vote of all Council members present, after being read two times by number and title only, this 10 dly of 19�� Recorder - City of Tig d APPROVEDPO : By the Mayor, this day of ���Fi�v . 19 R" ORDIN&NCE NO. t� -- E : PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. 11. Stark (#530) - Portland, Ore :-9-7-204 - Tel: 229-5307 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO. 1634` - Annex ion of territory to the City of Tigard �--7 Proceedings on Proposal No. 1634 commenced upon receipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on August 1 , 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 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 September 18, 1980. The Commission also caused a study to be made on this proposal which considered ec- gnomic , dem6graphic and s6ciol.ogical trends and projections and physical development of the land. FINDINGS On the basis of the public hearing and the study, the Boundary Com- mission found that: 1 . The territory to be annexed is contiguous to the city and contains 1 . 76 acres , 1 single family residence, an estimated population of 2 persons and is evaluated at $67 ,600. 2. The property owners desire city services for eventual development in conformance with the Tigard Comprehensive Plan, They partic- ularly wish to participate in a city L.I .D. for sewers currently being formed. 3. There is no conflict between this proposal and LCDC Goals #1, 2, 6, 7, 11 , 12 and 14. Goals #3, 4, 5, 8, 9, 10 and 15 - 19 do not apply. 4. The territory is identified as Urban on the Metro and Washington County Framework Plans and -is zoned' RU-4'in the- county. The area'is well within the regional Urban Growth Boundary. S. The city's plan, which includes an adopted community plan for this area, identifies the territory as suitable for Industrial Park development. 6. The city can provide collector sewers in the area which can then be connected to the Fanno Creek Interceptor which crosses part of the »rnv�ert,+ k .,, e ,. 7, Water can be provided immediately by the Tigard Nater District by y.. extension of an existing 12-inch line in SW 74th Ave. Fire Page 1 - FINAL ORDER protection is currently provided by Tualatin RFPD and this would remain the same following annexation. 8 . Police, parks , library and other city services will be available immediately upon annexation. REASONS FOR DECISION 1 . The property owners desire municipal services, particularly sewers , which only the city has available. 2 . The potential development would be in conformance with applicable city, county and regional planning and with the LCDC Goals . 3. All municipal services necessary for the development are available from the city or from districts of which the city and the territory to be annexed are a part. ORDER On the basis of the findings and reasons listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1634 on September 18 , 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 James L. amie) Mater Chairman At test. i, tr_ .Page 2 - FINAL ORDER APPENDIX "A" PROPOSAL NO, 1634 ANNEXATION CITY OF TIGARD A tract of land in T2S R1W of the Willamette Base and Meridian known as Lot 16, Fanno Creek Acre Tracts in Washington County, Oregon, more particularly described as follows: Beginning at the ncorner orthwestjof said Lot 16 said corner being on the exist- ing city limit line, thence, southerly along the west line of said lot 16 and the existing city limit line a distance of 166.9 feet to the southwest corner thereof; thence, easterly along the south line of said Lot 16 a distance of 508.38 feet to a point on said south line, said permit being westerly 15.00 feet from the southeast corner of said Lot 16 and on the existing city limit line; thence, northerly parallel to and 15 feet from the easterly line of said Lot 16 and along the existing city limit line approximately 165 feet to a point on the north line of said Lot 16, said point being westerly 15 feet from the northeast corner of said Lot 16. thence vesterl** along the north 5 ' 501.82 feet to the s 9 .fir �..na7r�.0 aaixe of said Lot 16 northeast corner thereof and the point of beginning. -i E j i i Page FINAL ORDER f . 4 500 (•Ip-a Proposal No. 1 15f f:L/� r 1 � 400h r Gtif ^•Pg I .4,1102°00 •2r%w3 e« 'ro. `� 9 .90.. 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'a 5,00 « MOD 5200 St Owe y 28 ! ® 4500 .../ 1 .a 5woo yy; 21. �r800 cr----af----+. 23-78 •28o4 rax• 110t 1701 1400 s as ( — J•L_ D .:.£3 ��••-•i id..—_-._- -SCO � �� 19 ' 17 '� • ±, i. arwrl •1"00 ( •• t tlDO 1 I 1400Mo )t '• 9y 4 k I: I • .. 7a T° t316 1 I 800 NaL eeu _ __•u tr. + .u.r _ 0 •m�t 1' PROPOSAL NO. 1634,,. - - - ;; ;@ :� •`_t „r.. CITY ®F TIGARD ANNEXATION I`-•4--€ FIGURE ANNEXATION/ZONE CHANGE MEMO TO: TIGARD PLANNING COMMISSION DATE: I�BQ FROM: PLANNING DIRECTOR f" SUBJECT: ANNEXATION REQUEST AND ZONE CHANGE TO THE COMPREHENSIVE PLAN ANNEXATION TITLE: �� . TIGARD RESOLUTION # go--`73 PROPERTY LOCATION: '>1/ o (see attached map) ,off Aw�z� PRESENT ZONING (WASH3:NGTON COUNTY) : Rlk+ COMPREHENSIVE PLAN DESIGNATION: , PROPOSED DEVELOPMENT PLANS: y111 Ad N: PUBLIC SERVICE AVAILABILITY: (l ddazfil42ML-a—L i STAFF RECOM2`4ENDATIONS: s