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Resolution No. 95-17 CITY OF TIGARD, OREGON RESOLUTION NO. 95- 17 A RESOLUTION _v.NITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0001) (Replacers Resolution 95-14) WHEREAS, the Tigard City Council held a hearing on March 14, 1995, to consider the annexation of one parcel consisting of 10.07 acres located south of Walnut Street at the 116th Avenue intersection; and WHEREAS, the proposed Anne at: - _ st<tute m „ boundary change _ ry under Boundary Commission law ORS 199.410�tov199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2) (a) (B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which lies within the boundary of the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #,e1 and the Washing;:on County Vector Control District would, by operation of ORS 199.510, be automatically withdrawn from those districts immediately upon completion of the annexation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(2) (a) (5) , hereby initiates proceedings for annexation to the City of Tigard of the territory described n Exhibit A and illustrated „ Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Lccal Government Boundary Commission approve the proposal and effect it as soon As possible. Section 3: The City Recorder- is hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government Boundary Commissi n at once. PASSED: This oZSf day , 1995. M - City 6f-Tigard ATTEST: a City Recorder - City o Tigard Date RESOLUTION NO. 95-�? Page`1 STAFF REPORT EXHIBIT A March 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0001 RRQUEST: To annex one parcel of 10.07 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-6 to City of Tigard R-4.5. APPLICANT: Troy Hunt Judith Martin 8170 SW 87th 10275 SW Hazelbreok Portland, OR 97223 Tualatin, OR 97062 OWNERS: Same REPRESENTATIVE: Ernie Platt Matrix Development Corporation 7160 SW Hazelfern Road, Suite 100 Tigard, OR 97224 LOCATION: South of Walnut Street at the 116th Avenue intersection - WC174 2S1 3BD, lot 100 (see map). 2. Vicinity Information Properties to the north, west; south and along part of the eastern boundary are in Washington County and zoned R-6. Properties to the northeast (across Walnut Street) and along most of the eastern boundary are in the city and zoned R-4.5. These parcels have single family residences on them. 3. Backctror.nd information The applicant's representative approached the city with a request to annex the property with the intent to develop it. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal Description The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a 1 wetland in t:he southeast corner of the site. Ona single family house is on the property. The parcel has approximately 430 feet of frontage along Walnut Street, which is functionally classified as a major collector. The applicants have requested that the 10.07--acre parcel be annexed by means of the double majority method to the city. City _gaff have included the Walnut street rignt-o;-way adjacent to the property in the annexation request (see Agency Comments below) . The proposal includes the request to initiate annexation to the city and to change the zone only on the property. ]Becauae the property is in the city's active planning area, it has already been assigned a T--;gard Comprehensive Plan designation, whichis Low Density Residential. 5. Agency Comments The Police, Engineering and Planning departments have agreed to include the entire Walnut Street sight-of-way adJacent to the affected parcel in the proposed annexation in order to facilitate more efficient police and utility services. No other comments were received when this report was written. B. aFXNDIIIG8 AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Cede chapters 18.136 and 18.138. -- as � propcal conastGnt - �4 the relevant portions oi-�ti e-'Comprehensivea Plan based a n� the following findings; 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CST and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and recommended adding the Walnut Street right-of-way adjacent to the property to the annexation; the affected land is located within the 2 city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Sex-vice providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. C. The zoning designation of R-4.5 most closely conforms to the county designation of R-6 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.13^0 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the property meets the definition of and will be designated as a developing area. C. RECOMENDAT30N Based on the findings noted above, the planning staff recommends approval of ZCA 95-0001. ®- �� �� ��� ,� � .� --� ���., � f,�///y- ..� �� � n �� 1 ■ / _..� s 1 ��� �� � � � ■ \\` 1■ n� IN �, „�� I •. _ - -- -� iiia -