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Ordinance No. 98-16CITY OF TIGARD, OREGON ORDINANCE NO. 98-1 b ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE I ONE CHANGE ANNEXATION (ZCA) 98-0007-TURNER 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 one (1) parcel consisting of. I I acres located north of SW Locust Street and west of SW 87th 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 Neighborhood Commercial while implementing the City of Tigard's existing Comprehensive Plan Designation of Neighborhood Commercial (C-N). 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_ ' IS 135AA, Tax Lot 00400 Current Comprehensive Plan Designation and Zoning Wa. Co. Neighborhood Commercial New Comprehensive Plan Designation and Zoning City of Tigard Neighborhood Commercial (C-N) 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 t 1 {1d/1 t 11lOtt S vote of all C uncil members present after being read by number and title only, this GW day of ✓,1 1998. Catherine Wheatley, City Recordpi" APPROVED: By Tigard City Council this q~1 da f '1998. J s Nicoli, Mayor Appr ved as to form- l Ci VAtt~o re, 11111 ate ORDINANCE NO. 98- i:lcitywide\aiu'\.:ca98-07.ord Page 1 of i Julia P H 21-May-98 3:22 PM Agenda Item: I C u Hearing Date: STAFF REImO T TO.7NE CITY COUNCIL Cmo'>;oAR® munrty FOR THE CITY OFTIGARD, OREGON ,sa"~ Beracr comq*WCom SECTION I. APPLICATION SUMMARY CASE: FILE NAME: TURNER ANNEXATION Zone Change Annexation ZCA 98-0007 PROPOSAL: To annex one (1) lot consisting, of .11 acres of un-incorporated Washington County land into the City of Tigard and to change the Comprehensive Plan and Zoning Designations from Washington County Neighborhood Commercial to City of Tigard Neighborhood Commercial, C-N. APPLICANT: Steven Turner OWNERS: Various Owners 2015 SW Kanan Street (List Available Portland, OR 97201 Upon Request) CURRENT ZONING DESIGNATION: Washington County Neighborhood Commercial. RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of Neighborhood Commercial (C-N) be designated upon annexation as this designation most closely conforms to the County's current designation. LOCATION: The subject parcel is located north of SW Locust Street and west of SW 87th Avenue; WCTM 1 S135AA, Tax Lot 00400. 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 II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will roi ;adversely affect the health, safety and welfare of the City. Therefore, staff rerornmends APPROVAL of the annexation by adoption of the attached Resolution and Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 98-0007 - TURNER ANNEXATION 619/98 PUS:tLIC HEARING SECTION III. BACKGROUND INFORMATION Site History: The property is currently vacant. The owner of 'he lot wishes to annex in order to develop the property and receive city services. No development proposal has been formally proposed, nor has the applicant scheduled a pre-application meeting. Vicinity Information: The area to be annexed is .11 acres. The existing city boundary runs along the southern portion of this property, along SW Locust Street. The site and the property to the north, east and west are within Tigard's Area of Interest but outside of the Tigard city limits. The properties to the north, east and west are outside city limits and zoned Neighborhood Commercial (C-N) and the property to the south is inside the city limits and zoned R-12. Site Information and Proposal Description: The proposal is to annex into the City of Tigard in order to develop the property and obtain City services. The applicant has requested that the .11 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 owner. 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 East CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a n0 spaper 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 98-0007 - TURNER ANNEXATION 6/8/88 PUBLIC HEARING Policy 10.12 This Policy pertains to boundary criteria for annexations and is satisfied. The property is 40 adjacent to property on the south that is inside the Tigard city limits. 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. The Police Department has been notified of this request and has no objections, however, they have requested that all properties east and west of the property be offered the option to annex in efforts to provide consistency in addressing and to reduce confusion to emergency service providers. Staff has sent letters to the property owners directly east and west of the sits. If they wish to annex, the attached City Council Ordinance and Resolution can be amended accordingly. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code cased 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 Neighborhood Commercial most closely conforms to the County designation of the same classification. 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. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because: The affected property meets the def0ition of an established area and shall be designated as such. PL~P►TII0 141 \ v ( AL4 P_n Q-TA{Nr-f c i°~A/■/IVIIVIr/GAIV{ T r - % . V T1 HlER% 1 +V The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. U STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0007 . TURNER ANNEXATION 619/98 PUBLIC HEARING SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fid 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 had the opportunity to review the proposal and have offered no objections. EASED ON'THE'FINDINGS INDICATED ABOVE; A ANNINd,STAF~ RECOMMENDS APPROVAL OF ZONE CHANGE'ANNEXAT'ION- - (ZCA) S,8-0007 7,- TURNER ANNEXA /21 ~,,4AL - PREPARED BY Julia Powell ajduk Associate Planner APPROVED BY: Richard Bewepdo-fff Planning Manager is\curpln\ ulia\annex\zca98-07.doc C May 21, 1098 DATE May 21, 1998 DATE STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0007 - TURNER ANNEXATION 6/9/98 PUBLIC HEARING