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Ordinance No. 81-123 T. i Ct { C CITY OF TIGARD, OREGON s i ORDINANCE NO. 81- I� AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1757 , AND ADOPTING FINDINGS WITH RESPECT' TO AN AMENDMENT TO THE 1970 ZONINGMAPOF THE CITY OF TIGARD TO CONFORM WITH THE NPO # 7 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION: ANNEXATION SHORT TITLE: Scholls FeRoad - FILE NUMBER: ZCA 35-31 rri PRESENT WASHINGTON COUNTY ZONING DESIGNATION RU-4 , ZONE CHANGED TO CITY OF TIGARD A-12 .Multi-Familr Residential the BoundaryCommission, established pursuant to Chapter 494 y WHEREAS,. a Oregon laws of 1969, for the rMetrooved outerhe Areas rydescribed lchange rinutherboundaries dated November I0, 1981, aPP of the City of Tigard, and a copy of said Final Order has been filed with the City Recorder; and . pHEREAg, 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, S THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the Final Order of the Boundary Commission adopted on the 24th day of September, , a 1981 co whereof is hereto attached and PY by this reference made apart hereof, be,and the same is, hereby ratified, confirmed and adopted by reference to the same legal force effect as if ; set forth herein in full. SECTION 2: That boundaries of the City of Tigard be, and they are hereby changed to include the lands as described in the within-order of the Boundary Commission, and the(?orporate limits of the City of Tigard are hereby changed in conformity therewith. SECTION 3: That the Recorder of the City of Tigard be,this nd she ,s hereby directed to, forthwith file a copyg . cluding 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 i F 4 ORDINANCE NO, ZCA 35-81 v SECTION 4: Finding that the lands hereinafter described are now zoned as Washington County RU--4 and further Finding that pusuant to ORS 197, the City of Tigard has adopted a NPO # 7 Plan for said land on _S.W. Scholls Ferry Road 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 December ld, 1981 and all interested persons were afforded an opportunitj to be heard at this public hearing. The Council adopts the following substantive findings: (a) That this Zone Amendment is in conformance with the NPO # 7 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 the provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted BRC Final Order - attached and made a part of this Ordinance, the zoning designation of this subject property is hereby changed to A-12 Multi_Family Residential. (Leizal Description and Map Attached) SECTION 6: Inasmuch as it is necessary for the peace, health and safety of the people of the City o€ 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 thiroval Ordinance shall be effective upon its passage by the Council, and app by the Mayor. 1 PASSED: By_ haT�, to of all Council members present, after being read two times by number and title only, this _day Recorder - City of Tigard/ APPROVED: By the Mayor this day of @�-� 19r . - City of Tigard :k e z,A,. Y fl ORDINANCE NO. 81- k ZCA 35.81 s 4 ' S J PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel : 229-5307 r FINAL ORDER z; RE: BOUNDARY CHANGE PROPOSAL NO. 1757 - Annexation of territory k to the City of Tigard. g Proceedings on Proposal No. 1757 commenced upon receipt by the Boundary Commission of a resolution from the City of Tigard on July 30, 1981 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 paragraph (a) of Section (1) . i 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 Septem- ber 24 , 1981 . The Commission also caused a study to be made on this proposal which considered economic , demographic and socio- logical trends and projections and physical development of the land. FINDINGS (See Findings in Exhibit "A" attached hereto) . REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto) . ORDER , ' On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1757 on September 24 , h 81 . p: NOW THEREFORE IT IS ORDERED THAT the territory described in � Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of 4S days from this date which is November 9, 1981, or at what other subsequent date that the law requires . PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date: /l-�y "/ — By: James L . (Jamie) Ma(ter Chairman Attest._ Page 1 - FINAL ORDER t EXHIBIT "A" Proposal No . 1757 FINDINGS Based on the study and the public hearing the Commission found that: 1 . The territory contains 2 . 73 acres, 1 single family residence, an estimated population of 2, and is evaluated at $100,100 . 2. The city desires annexation to rationalize the city's boundary. 3. The territory is within the acknowledged regional Urban Growth Boundary. 4. The territory is identified as Urban on the Washington County Plan and is zoned RU-4 in the county. S. The city's plan, which includes an adopted neighborhood plan for this area, identifies the territory as suitable for Urban Medium Density residential development . 6 . Sewer is available from city mains located in subdivisions surrounding the property. 7 . The territory is within the Tigard Water District. 8 . Fire protection is provided by Washington Co . RFPD which also serves the city. 9 . Police, parks , library and other services are available immediately upon annexation. REASONS FOR DECISION On the basis of the Findings the Commission determined that: 1 . The city desires the annexation as apart of its program to improve the city' s boundary. 2. The proposal is in conformance with applicable city, county and regional plans. 3. The annexation would eliminate jurisdictional problems that may involve police and other services . r Page 2 - FINAL ORDER EXHIBIT Doge Proposal No. 17S7 Annexation t 2. City of Tigard LEGAL DESCRIPTION That portion of land in Section 34, Township 1 South, Range 1 West, Willamette Meridian* Washington County, Oregon, being more particu- larly described as followsa Beginning at the northwest corner of that tract of land � conveyed to Chester' Robinson, by deed, recorded in Book 677, on Page 347, .in said County Deed Records, said corner being a point in the centerline of (60 foot wide) SoW. Scholls Ferry Roads thence running South 170 3711 East a distance of 332.19 feet to the Southwest corner of said tracts thence East a distance of 267.12 feet to the Southeast corner of said tracts thence North a distance of 439.70 feet tp the Northeast corner of said tract, said corner being in the centerline of said Scholls Ferry Roads thence South 720 230 West a distance of 406.7 feet, more or less, along the centerline thereof, to the point of beginning of this description s } Page 3 FINAL ORDER ci 17,57 • No. g tl LLI �W f4� •'y� a�64a �9� ' O��vJ`Wa���l• 40: VV�JJ aM 7Op// Lf."- MlUdS ba .�Ve / a$• s.:r. ``� sof au s �•� duos '®a N 4 �b :i � y � � ,� ® � •,b� N W o i `is�fc it3 COoma►a o .. ' ;9 inn �a11;15; w >• t e d a a, sr m f r� r L i 'PROPOSAL NO. 1757 w� CITY OF TIGARD ANNEXATION �. 5 FIGURE i TIGARD NOTICE OF PUBL IC HEARING 7TICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY, DECEMBER 14, 1981 , AT 8,00 P.M., IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: APPL'ICANT: City of Tigard FILE NUMBER ZCA 34-81 (Scholls Ferry Road) NPO #7 REQUESTS A request by the City of Tigard for an annexation into the City T,imits of the City of Tigard for 1 lot located at 10330 SW Scholls Ferry Road and the public right-of-way fronting that lot to the centerline of SW Scholls Ferry Road. Also, a request by the City of Tigard to change the zoning on that lot from Washington County RU-4 to City of Tigard A-12 Multi-Family Residential (Wash. Co. Tax Map 1S1 34AB, Tax Lot 3300) _ 3 3J, 34 �� 4+ 3! \ 1 i.; L 9 ': ++ �;.. t+LL-,rte/!Y�c. � i�� ✓ r--1 _ a >a _ `. F- il * THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES OF THE CITY COUNCIL. ANY PERSONS HAVING INTEREST IN THIS PIATTER MAY ATTEND AND BE HEARD, OR, TESTIMONY MA9t BE SUBMITTED IN WRITING TO BE ENTERED INTO °tIIE RECORD OF THE INITIAI HEARING. FOR FURTHER INFORMATIbN, PLEASE CONTACT THE PLANNING DEPAR`PMENT AT 639-4171. CITY OF TIGARD - 12420 S.W. MAIN TIGARD, OREGON 97223