Resolution No. 96-07 CITY OF TIGARD,OREGON
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RESOLUTION NO.96 7 3 `�
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A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS
DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 95-0008).
WHEREAS,the Tigard City Council held a headng on February 13,1996,to consider the annexation of
two parcels consisting of 2.14 acres located along SW Fern Street west of SW 135th Avenue;and
WHEREAS,the proposed annexation constitutes a minor boundary change under Boundary Commission
law ORS 199.410 to 199.519;and
WHEREAS,the Tigard Ci Council is authorized b ORS 199.490 2 a B to initiate an annexation upon
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. :receiving consent in writing from a majority of the electors registered in the territory proposed 4o be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed;and a
WHEREAS,the property which lies within the boundary of the Washington County Enhanced Sheriffs
Patrol District,Washington County Urban Roads Maintenance District,Washington County Street Lighting
District#1 and the Washington 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automatically withdrawn from those districts immediately upon completion of the annexation.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 1:1: The City Council,pursuant to ORS 199.490 2 a B,hereby initiates proceedings ?'�t, a`
for annexation to the City of Tigard of the territory described in Exhibit A and
illustrated in Exh;b B.
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Section 2. The City Council hereby approves the proposed annexation and requests that the
Portland Metropolitan Area Local Government Boundary Commission approve the
proposal and effect it as soon as possible.
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Section 3: The City Recorder is hereby directed to file certified copies of the resolution with ;
the Portland Metropolitan Area Local Government Bou ary Commission at once. „ g
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PASSED: This i. L day oti=171w1 - 1996.. 3�f
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r-City of Tigard
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ATTEST: l.
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City Recorder-City of Tigard
? 1304 '
Date r:a
e,
RESOLUTION NO.96- ';l 6
Page 1
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EXHIBIT A r
STAFF REPORT
February 13,1996 :
TIGARD CITY COUNCIL
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� TIGARD TOWN HALL
ti 13125 SW HALL BOULEVARD
TIGARD,OREGON 972234���
A. FACTS
1.
Gen-1 nformation
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CASE: Zone Change Annexation 95-0008
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REQUEST: To annex two parcels of 2.14 acres of unincorporated
Washington County land to the City of Tigard and to change
the comprehensive plan and zone from Washington County)
R-6 to City of Tigard Medium Density ResidentiaVR-7.
! APPLICANT: John Clarke
P.O.Box 412
Government Camp,OR 97028 f �
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OVONERS: Marco&Sally Benetti �
13650 SW 7-em Street
Tigard,OR 97223
LOCATION: South of SW Fem Street and west of SW 135th Avenue- tWE
WCTM 2S1 4BD,lots 2100 and 2102(Exhibit S,vicinity map),
2. VcinV Information '„,.
Properties to the north,east and south are in Washington County and zoned
R-6. Property to the west is in the city and zoned R-7 These parcels have single y � -
family residences on them.
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° Theapplicant approached the city with a request to annex they property. No ,, ,,:
previous applications have been reviewed by the city relating to this property. .
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4. Site Information and Proposal Description
The two parcels front SW Fern Street. The parcel to the west has a single family
house that's occupied by the owners of both lots. This parcel slopes from south to
' north/northwest,varying from about a 7%to 22%grade. There is a wooded area
on the northern half of the property. The parcel to the west is vacant. It slopes i
from southwest to northeast at a 10%grade and has a heavily wooded area.
The applicant requests that the two parcels,consisting of 2.14 acres,be annexed
to the city by means of the double majority method. Representing the owners of
more than half the land(100%)and a majority of the registered electors(100%)of x
the area proposed to be annexed,the owners have initiated this action through r
their written consent. The applicant intends to partition the property after � j
annexation to the city. Staff has included the portion of SW Fern Street adjacent
to the two properties as part of the annexation proposal.
5. /agency Comments
The Engineering Division, Tigard Police and Water departments, Unified
Sewerage Agency, Tualatin Valley Fire and Rescue District, PGE and GTE 1
reviewed the proposal and have no objections. No other comments were received k
at the time of this report. I
B. FINDINGS AND CONCLUSIONS
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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 ;
i 18.136 and 18.138. " ,
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Staff has determined that the proposal is consistent with the relevant portions of
� the comprehensive plan based on the following findings:
1: Policy 2.1.1,requiring an ongoing citizen involvement program,is satisfied u
# because the West CIT and surrounding property owners have been notified
of the hearing and public notice of the hearing has been published.
2. Policy 10.1.1, reduirino'adequate service capacity delivery
parcels,is satisfied because the Police Department, Engineering,Water -
Department and TVF&R have reviewed the proposal and indicate that;
j adequate services are available and may be extended to accommodate the--
affected property.
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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 has no objection; the tk fiY t
affected land is located within the city's urban planning area and is
i 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 t' t
the community development code based on the following findings: r
1. Code Section 18.136.030, requiring approval standards for annexation
proposals,is satisfied because:
a. Service 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-7 most closely conforms to the county
designation of R-6 while implementing the city's comprehensive plan
designation of Medium Density Residential
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d. The determination that the affected properties are an established
area is based on the standards in Chapter 18.138 of the code. a
2. Code Section 18.138,providing standards for the classification of annexed @@k v -
' land,is satisfied because the affected property meets the definition of an t t
established area and shall be so designated on the development standard
areas map of the comprehensive plan. 'tag
' C. RECOMMENDATION !
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Based on the findings noted above,the planning staff recommends approval of
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t ZCA95-0008.
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EXHIBIT 8
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Note:Map is not to scale
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