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Resolution No. 96-34 P," �t CITY OF TIGARD,OREGON rj RESOLUTION NO.96 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS ac`s f ;.i DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 96-0003). WHEREAS,the Tigard City Council held a hearing on May 28,1996,to consider the annexation of four parcels consisting of 9.24 acres located along SW Fern Street east of Ascension Drive;and r;, ' 4e WHEREAS,the proposed annexation constitutes a minor boundary change under Boundary Commissiongzf law ORS 199.410 to 199.519;and 4 1"'A{ v ) 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 . p m 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 t District is 1 and the Washington County Vector Control District;•ou!d,by operation of ORS 199,510,be automatically withdrawn from those districts immediately upon completion of the annexation.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)(B),hereby initiates proceedings a' for annexation to the City of Tigard of the territory described in Exhibit A and , Ja�, illustrated in Exhibit B. 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. Section 3: The City Recorder is hereby directed to file certified copies of the resolution with k i the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This�t5—day of 996: /1G t � „,. ;3 'M -City of Tigard i ATTEST: Y .t City City otTigard U oe aftr+zcnse.oa resi vis,sa a as aM i a RESOLUTION NO 96a ' g. Pagel }' s 3. 'A k EXEMU STAFF REPORT � May 28,1996 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD,OREGON 97223 ?r A. FACTS 1. General Information CASE: Zone Change Annexation 96-0003 REQUEST: To annex four parcels of 9.24 acres of unincorporated Washington County land to the City of Tigard and to change { the comprehensive pian and zone from Washington County R-6 to City of Tigard Medium Density Residential/R-7. APPLICANTS Marvin Bowman Kari&Michael Hohnbaum ' 13875 SW 158th Terrace 14160 SW Fern Street Tigard,OR 97224 Tigard,OR 97223 Cherilyn&Eric Johnson Darlene&John Wozniak 14130 SW Fern Street 11550 SW 72nd Avenue Tigard,OR 97223 Tigard,OR 97223 OWNERS: Same P LOCATION: The western end of SW Fern Street,east of Ascension Drive- WCTM 2S1 413C,lots 800,1600,1700 and 2000(see vicinity '3 'map). # 2. Vicinity Information Properties to the north of three of the parcels are in Washington County and zoned M; R-6;the fourth parcel is adjacent to the City's Castle Hill subdivision,zoned R-12, on the north. Properties to the east are in Washington County and zoned R-6.. t The City's Hillshire Woods subdivision,zoned R-7, is to the south and west. The - properties to the north and east have single family residences. The subdivisions to the south and Gast are currently under construction. - s € rro v } 3. Background Information The applicants wish to receive sewer service and request annexation to the City. No previous applications have been reviewed by the City relating to these properties. 4. Site Information and Proposal Description a t The parcel north of Fern Street is relatively flat with some trees surrounding the single-family residence,which is close to Fern Street. The remainder of the lot is ) k clear with some fruit trees. The Johnson, Hohnbaum and Wozniak properties F south of Fern Street are heavily wooded with north/northwest slopes at xk approximately 20%to 30%. The Johnson and Hohnbaum owners have single family residences on the southern portion of their properties. The Wozniak property,north of the Hohnbaums along Fern Street,has a single-family residence os '2'1k currently under construction. vg i . The applicants have requested that the 9.24-acre territory be annexed to the city y3v by means of the double maiority method. Representing the owners of more than 4 half the land(100%)and a majority of the registered electors(100%) of the area � proposed to be annexed,the applicants have initiated this action through their written consent. 5. Agency Comments The Engineering Division,Tigard Police and Water departments and PGE have 7 reviewed the proposal and have no objections. No other comments were received �t at the time of this report. t .•saa"�'a- B. FINDINGS AND CONCLUSIONS rt� 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 t s , ;•. 18.136 and 18.138. 1 h, ;.. � 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 because the West CIT and surrounding property owners have been notified of the hearing and puNic notice of the hearing has been published. ,.nom <. 4 2 g S 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Engineering Division, Police and Water Departments and PGE have reviewed the proposal and 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 has no objection; the 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. k 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. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. g b. Applicable comprehensive plan policies and code provisions have y a been reviewed and satisfied. z C. The zoning designation of R-7 most closely conforms to the county ? a designation of R-6 while implementing the city's comprehensive plan designation of Medium Density Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138,providing standards for the classification of annexed land, is satisfied because the affected property meets the definition of an i' > established area and shall be so designated on the development standard ° areas map of the comprehensive plan. k; C. RECOMMENDATION Based on the findings noted above,the planning staff recommends approval of ZCA 96_0003, u� j.- P i r: Z LLJ n1v Ohl Rod::I€;I€ w z 0 IT Mil! € FG n � i • :-: l 114 W ON WORM too coni CIO SON ' ii�liii,E;:: :ilii:::E_ � i�:r?>�--,,, "'`moi i i"�i:..i.i.i. . .' .4•-- t LK MOW ® cNHEXA:OrvA OZ ECeAnOE FiOM � Vicinity Map TG�I rMEe E Note: Map is not to scale � � � N WITHIN TiGARO GTY I:MiTS t