Ordinance No. 98-144
CITY OF TIGARD, OREGON
ORDINANCE NO.984f :L
ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
O' NE CHANGE ANNEXATION (ZCA) 98-0005 - JOHNSON STREET/106TH DRIVE ANNEXATION)
AND DECLARING AN EFFECTIVE DATE
WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for
nins (9) tax lots located near the intersection of SW Johnson Street and SW 106th Drive„north of SW Walnut
Street and east of SW Fonner Street; and
WHEREAS, on June 9, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation
to the Portland Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff
report and in Section 1 below, is that which most closely approximates the Washington County land use
designation of R-5 while implementing the City of Tigard's existing Comprehensive Plan Designation of Low
Density Residential, R-4.5.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1:
SECTION 2:
PASSED:
APPROVED:
Upon annexation, the affected properties shall be designated as follows:
Tax Mau/Lot Numbers
2S103AA, Tax Lots 01901, 01909, 01908, 01907, 01910, 01911, 01915, 01914, 01917, 01906,
01905, 01904, 01903, 01902, and 01701; and 2S102BC, Tax Lots 02002 and 02004.
Current Comprehensive Plan Desiappation New Comprehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zoning
Wash. Co. R-5
New Zoning
Tigard R-4.5
This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
By U/701 M Dus vote of all Council members present aver being read by number and title
only, this 1 ~ day of j,sm 91998.
By Tigard City Council this q4.
roved as to form- v
Atto e•
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Date i T Q
ORDINANCE NO. 98- i:\citywidetord~=094b.
Page I of I Julia PH 8 Tune-tt 5:30 PM
Agenda Item: 5
0
Hearing Date: June 9.1998 7:30 PM
7 7
SuFF REPORT TO: TM
CITY COUNCIL MYOFnC+ARD
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SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: JOHNSON STREET/106TH DRIVE ANNEXATION
Zone Change Annexation ZCA 98-0005
PROPOSAL: To annex nine (9) tax lots consisting of 3.15 acres of un-incorporated
Washington County land into the City of Tigard and to change the
Comprehensive Plan and Zoning Designations from Washington
County R-5 to City of Tigard Low Density Residential; R-4.5.
APPLICANT: James Flatters OWNERS: Various Owners
12385 SW 106th Drive (List is Available
Tigard, OR 97223 Upon Request)
CURRENT
AML
ZONING
DESIGNATION: Washington County R-5.
RECOMMENDED
ZONING
DESIGNATION: It is recommended that the City of Tigard zoning designation of R-4.5
be designated upon annexation. The City's R-4.5 zone most closely
conforms to the County Designation of R-5 while implementing the
City's Comprehensive Plan Designation of Low Density Residential.
LOCATIONS: WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915,
• 01914, and 01917, addressed as 10585 SW Walnut; 12385, 12355,
12325, 12330 and 12440 SW 106th Drive and 10530, 10490 and
10515 SW Johnson Drive.
APPLICABLE
REVIEW
CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3;
and Tigard Community Development Code Sections 18.136 and
18.138.
SECTION 11. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation,' will,not-adversety
ANIL affect the health, safety and welfare of the City. Therefore, staff tecomrneoc6
APPROVAL of the annexation by adoption of the attached Resolution end .Q~dinallce:
STAFF REPORT TO THE CITY COUNCIL
ZCA 98.0005 -JOHNSON STREET/106TH DRIVE ANNEXATION
PAGE 1 OF 4
5/9/98 PUBLIC HEARING
SECTION III. BACKGROUND INFORMATION
0 Site History:
The properties are currently developed with single-family residences on each lot. The
owners of the lots wish to annex in order to extend city sewer and connect. The owners
have begun discussions with Staff and anticipate requesting that the City Council authorize a
Neighborhood Sewer Extension Program. No further development is proposed or
anticipated, although some of the lots are large enough to be partitioned in the future if so
desired.
Vicinity Information:
The area to be annexed is 3.15 acres. The existing city boundary runs along the northern
and western boundary of the area to be annexed. There is a lot (Tax Lot 01916) within the
area to be annexed that was annexed into the city limits a few years ago. The site and the
property to the west and south are within Tigard's Active Planning Area but outside of the
Tigard city limits.
Site Information and Proposal Description:
The site is bordered to the east and north by property inside of the Tigard city limits. The
property is bordered on all sides by property zoned R-4.5. The proposal is to annex into the
City of Tigard in order to obtain city services and hook up to city sewer.
The applicant has requested that the 3.15 acre site be annexed into the City of Tigard by
means of the double-majority method. Representing the owners of more than half of the
AMIN, land (89.2%) and a majority of the registered electors (93.7%) of the area proposed to be
annexed, the applicant has initiated this action through the written consent of the property
owners.
SECTION IV. APPLICABLE _REVIEW CRITERIA AND FINDINGS
The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1,
10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and
18.138.
Staff has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Policy 2.1.1:
This Policy requires an ongoing citizen involvement program and is satisfied because the
Central CIT and surrounding property owners have been notified of the public hearing and
notice of the hearing has been published in a newspaper of general circulation.
Policy 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels and is satisfied
because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage
Agency (USA), and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the
annexation request and have offered no objections.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0005 - JOHNSON STREET/106TH DRIVE ANNEXATION 619/88 PUBLIC HEARING
Policy 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The properties are
adjacent to property on the north and east that is inside the Tigard city limits. The
19 annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police
Department has been notified of this request and has no objections. The affected land is
located within the City's Urban Planning Area and is contiguous to the city boundary.
Adequate services are also available to accommodate the properties.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.136.030: This Section addresses approval standards for annexation
proposals and is satisfied because:
The applicable Comprehensive Plan Policies and Code provisions have been reviewed and
satisfied as previously indicated in this report.
The City of Tigard zoning designation of R-4.5 most closely conforms to the County
designation of R-5 while implementing the City's Comprehensive Plan designation of Low
Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3.
The determination that the affected property is an established area is based on the
standards set forth in Chapter 18.138 of the Tigard Community Development Code and
OAR 660-007-0005.
AOL
Section 18.138:
This Section provides standards for the classification of annexed land and is satisfied
because the affected property meets the definition of an established area and shall be
designated as such.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Public Works, Police and Water Departments have all
reviewed this proposal and have offered no comments or objections.
The Tigard Police requested that Staff contact the property owners directly west of the site to
ask if they wanted to join the annexation. Staff has contacted these property owners and
has sent the necessary forms in the event that they wish to modify the annexation. If they
chose to annex and if Council supports their annexation requests, the Resolution and
Ordinance may be amended to include these additional lots.
E
STAFF REPORT TO THE CITY COUNCIL PAGE S OF 4
ZCA 98.0005 - JOHNSON STREET/106TH DRIVE ANNEXATION 818/98 PUBLIC HEARING
f1
SECTION VI. AGENCY COMMENTS
The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified
Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley
Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington
Cot lnty have all had the opportunity to review the proposal and have offered no objections.
;EASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMONDS
APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 9i3~~~5 :~~3F~NSGN'
STREET1106TH DRIVE ANNEXATION
di id
PREPARED BY: Juli Powell H duk
Associate Planner
19M <
APPROVED BY: Richard Bewe orff
Planning Manager
is\curplnyulia\annex\zca98-05.doc
May 21, 1998
DATE
May 21, 1998
DATE
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0005 -JOHNSON STREET/106TH DRIVE ANNEXATION 8/9/98 PUBLIC HEARING