Ordinance No. 91-28 CITY OF TIGARD, OREGON
ORDINANCE NO. 91-Q'3
AN ORDINANCE IWOPTING FINDINGS AND CONCLUSION$ TO APPROVE A ZONE CHANGE (ZCA 91-
16) (BRAJAVICH) AND (JOHNSON) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for annexation signed by Nicholas and
Kion Brajavich, Sidney and Cheryl Johnson who are the owners of the subject
parcels; and
WHEREAS, The City Council held a public hearing on September 9th, 1991 to
consider the annexation request and to consider zoning designations for the
properties; and
ip*
WHEREAS, on September 9th, 1991 the City Council approved a resolution forwarding
the annexation to the Portland Metropolitan Area Local Government Boundary
Commission; and
WHEREAS, the zoning district designation recommended by the planning staff as set
forth in Section 1 below is that which most closely conforms to the Washington
County zoning designation as provided in the Washington County-Tigard Urban
Planning Area Agreement.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The recommendation of the planning staff as set forth below is
consistent with policy 10.1.2 and 10.1.3 of the City's
Comprehensive Plan.
Tax Map/Lot Number Current Zoning Proposed Zoning
2S1 3CA/1700 Wash. Co. R-6 Tigard R-4.5
2S1 3CA/1600 Wash. Co. R-6 Tigard R-4.5
Current Plan Designation Proposed Plan Designation
Wash. Co. R-6 Tigard Low Density Residential
d ev o�ed.
Section 2: The properties meets the definition for a der area as
defined in Chapter 18.138 of the Community Development Code and
shall be designated as such on the development standards area
map.
Section 3: This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED: By uV)&n'/y0U5 vote of all Council members present after
being read by number and title only, this .1/)t-0 day of
Cat rine Wheatley, C ty Rqhorder
APPROVED: This 1y ' day f , 1991.
-bra , Edwards, Mayor
Approved as to form:
Ci A orney
Date
(
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STAFF REPORT
„,. September 10, 1991
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS:
CASES Zone Change Annexation 91-16
REQUEST. To annex two parcels consisting of 0.86 acres of
unincorporated Washington County into the City of Tigard, and
for zone change from Washington County R-6 (Residential, 6
units per acre) to City of Tigard R-4.5 (Residential, 4.5
units per acre).
COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6
units per acre.
ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per
acre).
APPLICANT: Nicholas and Kion Brajavich
13440 S.W. Howard Drive
^ Tigard, Oregon 97223
Sidney and Cheryl Johnson
13410 S.W. Howard Drive
Tigard, Oregon 97223
OWNERS: Nicholas and Kim Brajavich
1.3440 S.W. Howard Drive
Tigard, Oregon 97223
Sidney and Cheryl Johnson
13410 S.W. Howard Drive
Tigard, Oregon 97223
LOCATION: 13440 and 13410 S.W. Howard Drive, WCTM 2S1 3CA tax lots 1700
and 1600.
2. Background Information
No previous applications have been reviewed by the City relating to
this property.
i, ZCA 91-16 Staff Report 1
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3. Vicinity Information
Property to the north of the site is in Washington County and is
developed as a single family residential lot. Property to the east
is developed as a single family residential home in Washington
County. All properties to the west are large single family lots in
Washington County. Property to the south is zoned Tigard R-4.5
(Residential, 4.5 units per acre). All other surrounding properties
are zoned Washington County R-6 (Residential, 6 units per acre).
4. Site Information and Proposal Description
The properties to be annexed have two single family residences with
the remainder of the properties undeveloped. Both properties slope
downward to the east. The properties are largely open with grass
and a few trees scattered throughout the properties.
The applicants requested that their parcels be annexed into the City
of Tigard in order to connect both residential properties to
sanitary sewer line.
5. Agencv and NPO Comments
Portland General Electric, Tigard Water District, Tigard School
District 23J, Tigard Police Department, Tigard Engineering
Department, Washington County Land Use and Transportation, and the
Tigard Building Division have reviewed the proposal and offer no
objections or comments.
The Tualatin Valley Fire and Rescue has the following comments:
The Fire district would encourage this type of annexation to gain
City services.
Northwest General Telephone and Electronics has the following
comments:
The applicants should contact GTE for specifications regarding
telephone. Any relocation costs for telephone facilities will be at
applicants expense. Applicants should allow 45-60 days for GTE
engineering to complete all work.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies
2.1.1, Citizen Involvement; 6.4.1, Developing Areas; 10.1.1, Service
Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136,
Annexations; and 18.138, Established/Developing Area Classification of the
Tigard Community Development Code. she planning staff has determined that
ZCA 91-16 Staff Report 2
A the proposal is consistent with the relevant portions of the Tigard
Comprehensive Plan based upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
organization and Community Planning organization as well as
surrounding property owners were given notice of the hearing and an
opportunity to ccunment on the request.
2. Plan Policy 6.3.1 is satisfied because the annexation will be
designated as an established developed area on the development
standards map.
3. Plan Policy 10.1.1 is satisfied because the City has conducted the
Washington County Island Urban Services Study which includes the
subject property. This study as well as the comments from the
Police Department, and other service providers indicate that
adequate services are available in the vicinity and may extended
to accommodate the subject property.
4. Plan Policy 10.1.2 is satisfied because although there is an
irregular boundary in this area, the annexation will not add to that
irregularity, the Police Department has been notified of this
request, the Land is located within Tigard's Area Of Interest, and
adequate service capacities can be made available to accommodate the
eventual development of the property as noted above.
The planning staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based upon the
findings noted below:
1. Section 18.136.030 of the Code is met because all facilities and
services can be made available, the applicable Comprehensive Plan
policies discussed above have been satisfied and the property has
been determined to be a developing area in accordance with the
criteria in Chapter 18.138 of the Code.
The Urban Planning Area Agreement between the City and Washington
County requires that when annexing land within the City's area of
interest, the City adopt a zone designation which most closely
resembles the County plan and zone designation. In this case, the
properties are designated in Washington County for single family
residential use with a minimum lot size of 5,000 square feet and a
maximum density of 6 units per acre. The City of Tigard Low Density
" Residential plan designation and R-4.5 zone with a minimum lot size
requirement of 7,500 square feet and maximum density of 4.5 units
per acre are the most comparable to the present County designation.
2. Chapter 18.138 of the Code is satisfied because the property meets
the definition for a developing area and shall be designated as ouch
on the development standards area map.
ZCA 91-16 Staff Report 3
i ,. C. RECOMMENDATION
Based upon the findings noted above, the planning staff recommends
approval of ZCA 91-16, subject to the Following condition:
1. The property shall be designated as a developing area on the
development standards map.
PREPARED BY:
victor Adonri, Development Assistant Planner
E:
ZCA 91-16 Staff Report 4
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"EXHIBIT Al"
Legal Description
A tract of land described as Lot 4 of the Woodcrest Subdivision as
recorded in Book 22 Page 18 in the records of Washington County,
situated the Southwest quarter of Section 3, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon.
annex
2a1,3ca-1700
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"EXHIBIT A2"
Legal Description
A tract of land described as Lot 5 of the Woodcrest Subdivision as
recorded in Book 22 Page 18 in the records of Washington County,
situated the southwest quarter of Section 3, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon.
annex
- 291,.3ca-1600
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