Loading...
Ordinance No. 82-03 CITY OF TIGARD, OREGON ORDINANCE NO. 82- t. AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1762 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO # 6 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. PLANNING DEPARTMENT INFORMATION: ANNEXATION SHORT TITLE: Nielsen - FILE NUMBER: ZCA 36-81 PRESENT WASHINGTON COUNTY ZONING DESIGNATION RS 1 , ZONE CHANGED TO CITY OF TIGARD R-5 Single Family Residential WHEREAS, the Boundary Commission, established pursuant to Chapter 494 Oregon laws of 1969, for the Metropolitan Areas by its Final Order Number 1762, dated October 2, 1981, approved 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 24th day of September, 1981, 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 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 corporate limits of the City of Tigard are hereby changed in conformity therewith. SECTION 3: That the Recorder of the City of Tigard lx=, 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, Attentions Surveyor, Washington County ORDINANCE NO. 82-U t ZCA 36-82 e� SECTION 4: Finding that the lands hereinafter described are now zoned as Washington County RS 1 and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 6 Plan for said land on S.W. Durham 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 Amendement was presented at a public hearing held by the Tigard City Council on January 11,1982 and all interested persons were afforded an opportunity 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 # 6 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 Boundary Commission Final Order - attached and made a part of this Ordinance, the zoning designation of this subject property is hereby changed to R-5 Single Family Residential. (Legal description and map attached) 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 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 yY r, ,vote of all Council members present, after being read two times by number and title only, this day of G�F.ti tf, Recorder - City of Tigard APPROVED: By the Mayor this _. � day of\', i-A , 19 L . Ma;•or - City of Tigard 14 ORDINANCE NO. 82- 0 ZCA 36-81 t , y3 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel: 229-5307 RL RE: BOUNDARY CHANGE PROPOSAL NO. 1762 - Annexation of territory to the City of Tigard. Proceedings on Proposal no . 1762 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 222.750 and Section (5) of ORS 199.490 , 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 Sep- tember 24, 1981 . 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 (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. 1762 on September 24, 1981 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 the date of approval . PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION Date:— /'!� By:. .,names L. l,iamie) Mater Chairman Attest . i � v Page 1 FINIAL ORDER } EXHIBIT "A" Proposal No. 1762 FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory contains .72 acre, 1 single family residence, an esti- mated population of 2, and is evaluated at $54,500. 2. The city desires the annexation to eliminate an island in the city as part of a program to rationalize the city boundary. 3. This proposal is compatible with regional, county and city planning. LCDC Goals do not apply. The territory is identified as Urban on the Metro and Washington County Framework Plans and is zoned RU-4 in the c_o,mty. The city's plan, which includes an adopted community plan for this area, identifies the territory as suitable for Urban Low Density Residential use. 4. Sewerage service is available from a line located in SIV Durham Rd. Water is provided by the Tigard Water District. 5. Police, parks, library and other city services will be available immediately upon annexation. REASONS FOR DECISION On the basis of the Findings the Commission determined that: 1. The action is consistent with city, county and regional planning requirements. 2 The action would eliminate jurisdictional confusion and be more equitable for the city in terms of property owners paying for services available to fife Tigard community of which they are a -a part. Page 2 - FINAL ORDER EXHIBIT "B" Proposal No: 1762 Annexation City of Tigard LEGAL DESCRIPTION That portion of land in Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the quarter corner in the forth line of said Section 14; thence West a distance of 440 feet to the true point of beginning; thence running South 200 feet; thence West 175 feet; thence ;forth 200 feet; thence East 175 feet to the true point of beginning of this description. t 4 t 1 Page _1 - FINAL ORDER s • F NEI EN "Propo' sal No. /762 . K�f %/,b Sa<.. i 4 1 Ti �.5 ;R W,w1 �►"� X0861 SZ i ba O o . aw , �n s 86 t::s d W s' w n. a � v VN383S s � LLJ N W 04 �> u co PROPOSAL NO. 1.762 CITY OF TI GARDE ANNEXATION cn (FIGURE 2 •