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Resolution No. 96-63 a CITY OFTIGARD,OREGON `. RESOLUTION NO,96-LO A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 96-0006). WHEREAS,the Tigard City Council held a hearing on September 24,1996,to consider the annexation of 5' four parcels consisting of 2.52 acres located south of Gaarde Street and west of 114th. k WHEREAS,the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519;and '°: i WHEREAS,the Tigard City Council is authorized by ORS 199.490(2)(a)(B)to initiate an annexation upon t 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 ties within the boundary of the Washington County Enhanced Sheriffs r 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District#1 and the Washington County Vector Control District would,by operation of ORS 199.510,be - automatically withdrawn from those districts immediately upon completion of the annexation.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: 5 �i Section 1: The City Council,pursuant to ORS 199.490(2)(a)(B),hereby initiates proceedings i for annexation to the City of Tigard of the territory described in Exhibit A and illustrated in Exhibit B. r" Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the , t`� - 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 Commission at once. y This PASSED: o�U da of ( �k i } A4eper-City of Tigar� C6LLn LiL �,1LPSio3,gyt,{. �.� �{TTCST:1�.1 s , TT I.RKa GCS `C� {{{yy Rgecorder-City of Tigard ` Date i AcirwmbeiRes¢cnse-os RFs RESOLUTION NO.96-L 1 Pagel ' STAFF REPORT EXH!B!T:4 r , z September 24,1996 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD,OREGON 97223 A. FACTS ' 1. General Information a. CASE: Zone Change Annexation 96-0006 n REQUEST: To annex four parcels of land totaling 2.52 acres from unincorporated V fashington County to the City of Tigard and to change the zone from Washington County R-5 to City of Tigard R-4.5. x, un n APPLICANT: Nick Stearns&Alan Dehamport � 4035 Douglas Way Lake Oswego, CDR 97035 t OWNERS: Lynn&Sharon Hatch 14135 SW 114th Avenue Tigard,OR 97224 f LOCATION: Located West of '114th Avenue and South of Gaarde Street WCTM 25110 AB, lots 3700, 3800,3900, and 4300 (see' vicinity exhibit map).'. '.2. Vicinity Information + P t There are three properties to the north of the site,two of which are in Washington County developed with single family residences.The third property is within the City of Tigard.To the west is a large property with a Christmas tree farm and a' small lot with a single family residence.To the east are three properties with single s family residences,one of which is in Washington County.To the south are three` fiaglots which are within the City of Tigard with single family residences.- ! d t ,J 3.' Background Information s The applicants approached the city with a request to annex the property. No previous applications have been reviewed by the city relating to this property. t 4. Site Information and Pmpgagl D riptlon The site is sloped to the east with a slight depression towards the center of the x+ property.The site is developed with a single family residence on the larger middle parcel.There are several outbuildings on the rest of the site. The site is located south of Gaarde St and has approximately 361 feet of frontage on 114th Avenue. "• z c,+ Gaarde Street is classified as a major collector and 114th Avenue is classified as a local street. sfis The applicants have requested that the site be annexed to the city by means of the s t' double majority method. Representing the owners of more than half the land Wis (100%)and a majority of the registered electors(100%)of the area proposed to be annexed,the applicants have initiated this action through written consent. The appticant intends to obtain sewer service and subdivision after annexation to the city- 1 The proposal includes the request to initiate annexation to the city and to chanfiR ge the zone only on the property. Because the property is in the city's Active Planning t Area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. Ag ncy Comments st £ The Engineering Division, Tigard Police,Water and Public Works departments; Tualatin Valley Fire and Rescue District, PGE and General Telephone have reviewed the proposal and have no objections. No other comments were received at the time of this report. ^ B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, i0.1.2,and 10.1.3; and Tigard Community Development Code chapters 18.136 and 18.136. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: 2 1. Policy 2.1.1. requiring an ongoing citizen involvement program,is satisfied because the Central and West CITs and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.9, requiring adequate service capacity delivery to annexedMI parcels, is satisfied because the Police Department, Engineering, Water Department, Tualatin Valley Fire and Rescue District 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 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 contiguous to the city boundary;and adequate services are available to accommodate the property. 4. Policy 10.1.4, zoning designation,is satisfied because the affected parcel } will be designated as R-4.5,which is the most closely conforming zoning ". , designation to the existing Washington County zoning of R-5. i ` Staff has determined that the proposal is consistent with the relevant portions of .� the Community Development Code based on the following findings: i+ 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-4.5 most closely conforms to the county designation of R-5 while implementing the city's Comprehensive .Plan designation of Low Density Residential. i .,., 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 property shall be designated as an ...,`t ° WW £ t hx+ established area on the development standard areas map of the comprehensive plan. ' a�tz�a c C. RECOMMENDATION as£ £ Based on the findings noted above,the planning staff recommends approval of ZCA 96-0006. 11LRPLNWEMZCA98-O5.STF x k ,4 e � t S t 4 f„ t £ i � { l I cu cs cu CL _ r _ cu Li Y EXHIBIT"B" /� a uano.;.r.ozoNecHnraceFarn�.. . ZCA96-0006 1 \1 w ry a.s ro an R s Hatch Annexation N �vnnnnnawci u s