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Ordinance No. 98-15 , CITY OF TIGARD, OREGON ORDINANCE N0.98-~ ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE GRANGE ONE CHANCE ANNEXATION (ZCA) 98-0006-LEHMAN/92ND/CORAL S7i'REET ANNEXATION) AND DIE ~LARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for f;ve (5) tax lots located north of SW Coral Street, south of SW Lehman Street and west of SW 92nd Avenue; 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 and R-9 while implementing the City of Tigard's existing Comprehensive Plan Designation of Low Density Residential, R-4.5 and Medium Density Residential, R-12. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax Map/Lot Numbers r I S 126DC, Tax Lots 03000, 03001, 03002, and 03900 Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zoning New Zonine Wash. Co. R-5 Tigard R-4.5 Tax Map/Lot Numbers i S 126DC, Tax Lot 03800 Current Comprehensive Ilan Designation New Comprehensive Plan Designation Wash. Co. R-9 Medium Density Residential Current Zoning ~ New Zoning Wash. Co. R-9 Tigard R-12 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By U i'IQ n ~Il'1ull~ vote of all Co ncil members present after being read by number and title only, this day of ~ , 1998. i hP Catherine Wheatley, City Recorder ORDINANCE N0.98 i:~cirywide~ordlzca98-06.ard Page t of 2 Iulia P H 21-May-98 4:1 Z PM APPROVED: By Tigard City Counc<i this day of '1 98. J e icoli, Mayor App ved as to for C'ty ttorney Date AN& ORDINANCE N0.98-i:lcitywid6ordlzca98-06.ord Page 2 of 2 Julia P H 21-May-98 4:12 PM Agenda Item; Hearing [carte: June 9.1s98 " 7:30 PM STAFF REPORT TO rT CITT1f :CITY Of 11gAQD ' FOR TIIE CITY OF TIGARPi OREGON SECTION I. APPLICATION SUMMARY CASE: FILE NAME: L1HMAN/92ND/CORAL STREET ANNEXATION Zone Change Anaoxation ZCA 98-0005 PROPOSAL: To wnnex five (5) tax lots consisting of 1.63 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 for Tax Lots 03000, 03002, 03001 and 03900 and to change the Comprehensive Plan and Zoning Designations from Washington County R-9 to City of Tigard Medium Density Residential, R-12 for Tax Lot 03800. ,APPLICANT: Stephen Perry OWMERS: Various Owners 9885 SW 92nd Avenue (List is Available Portland, OR 97223 Upon Request) AM, 1411 CURRENT ZONING DESIGNATION: Washington County R-5 (Tax Lots 03000, 03002, 03001 and 03900); and R-9 (Tax Lot 03800). RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of R-4.5 be designated upon annexation for the lots currently zoned R-5. It is recommended that the City of Tigard Zoning Designation of R-12 be designated upon annexation for the lot currently zoned R-9. LOCATIONS: WCTM 1 S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800; addressed as 9225 and 9255 SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92nd Avenue. 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 & 18.138. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation iMll rot, adversely affect the health, safety and welfare of the City. ' th'6r6f0re, staff rdcomm96ds APPROVAL of the annexation by adoption of the attached 1=les®lutlon and'Oedingnce. STAFF REPORT TO THE CITY COUNCIL PAGE I OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 619/98 PUBLIC FEARING SECTION Ill. BACKGROUND INFORMATION Site History: The properties is currently developed with single-family residences on each lot. The owners of the lots wish to annex in order to receive city services. No further development has been 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 1.63 acres. The existing city boundary runs along the western boundary of the area to be annexed. The site and the property to the north, south and east are within Tigard's Area of Interest but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the west by property inside of the city limits. The property is bordered on the north, south and east by property zoned R-4.5. The property to the southwest is zoned R-12. The proposal is to annex into the City of Tigard in order to obtain city services. The applicant has requested that the 1.63 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 land (100%) and a majority of the registered electors (100%) 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 portions 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 East 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. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is bordered on the west by the Tigard city limits. The annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 6/9/98 PUBLIC HEARING request and has no objections. The affected land Is located within the City's Urban Services Area (Area of Interest) 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 Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most c'osely conforms to the County designation of R-5 and the R-12 most closely conforms to the Coun4l designation of R-9 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 Section 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected properties meet 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. 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 County have all had the opportunity to review the proposal and have offered no objections. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXAT ON 8/9/98 PUBLIC HEARING t BASED ON THE FINDINGS INDICATE~.AB E! PLF RECOMMENDS APPROVAL. OF ZONE CHANCE AW LEHMAN192ND/CQRAL $TRRET ANN l4R May 21, 1998 PREPARED BY: ulia Powell Haj uk DATE Associate Planner May 21, 1998 APPROVED BY: Richard Bewers rff DATE Planning Manager AMh i:lcurplnl ulia\annex\zca98-06.doc STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 6/9/98 PUBLIC HEARING