VAR2001-00003 Decision - SUNRIDGE HEIGHTS NO. 2
CITY OF TIGARD
Community (Development
,Sfcaping,g (Better Community
CITY OF TIGA D
Washington County, Onegan
TICS F FINAL ORDER BY THE TIGARD CITY COUNCIL
Case Number: ZONE CHANGE ANNEXATION (ZCA) 2001-00003
Case Name: THORNWOOD ANNEXATION
Names of Owners: Venture Properties, inc. & Robert Ames Gary Ames and Virginia Johnson
Name of Applicant: Venture Properties, Inc,
Address of Applicant: 4230 Galewood Street, Suite 100 Lake Oswego, OR 07035
Tax Ma /Lot Nos.: Washington Count Tax Assessor's Ma 2S11013C, Tax Lots 1100 and 1200.
A FINAL ORDER INCORPORATING THE FACTS, FINDNGS AND CONCLUSIONS APPROVING A REQUEST FOR
ANNEXATION.
THE CITY OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS
OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE
APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE CITY COUNCIL HELD A PUBLIC HEARING
TO RECEIVE TESTIMONY ON JANUARY 22, 2002 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION
HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Request: > To annex two (2) parcels of 8.6 acres into the City of Tigard. This request follows the
approval of the Thornwood Subdivision (Case File No. SUB2000-00006), and is a
requirement of that approval.
ZONE: R-7: Medium-Density Residential District. APPLICABLE REVIEW CRITERIA:
The approval standards for annexations are set out in Community Development Code
Chapters 18.320.020 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter
222; and Metro Code Chapter 3.09.
Action: Approval as Requested F Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
® Affected Government Agencies ® Affected Citizen Involvement Team Members
The adopted findings of fact, decision and statement of conditions can be obtained from
the Planning Division/Community Development Department at the City of Tigard City
Hall.
Final Decision:
THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON FEBRUARY 21, 2002.
The adopted findings of fact, decision and statement of conditions can be obtained from the
City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
A^neal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land
Use Board of Appeals (LUBA) according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City
Recorder at (503) 639-4171,
A chment
CITY OF T IG , OREGON
ORDINANCE NO. 02-
AN ORDINANCE ADOPTING FINDINGS ~k ND CONCLUSIONS TO APPROVE, AN
ANNEXATION (ZCA) 2001-000031TI TOIZN WOOD ANNEXATION AND WITHDRAWING
PROPER'n' FROM `I'I1L+ TIGA 'V4 XER DISTRICT, WASHINGTON COUNTY ENHANCED
SIII IZII -j`S PATROL DISTRICT, WASHINGTON COUNTY ?URBAN ROADS NLUN1'ENANCE
DIS'TIZIC;"T', WASHINGTON COUNTY STREET LIGHTING DISTRICT ##1, CLEAN WATER
SIvRVICES, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(13) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors rcgistered in the territory proposed to tie
annexed and written consent from owners of more than half the land in the territory proposed to be
r annexed; anti
WV 'WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently tic within the boundary of the Tigard Water District, the Washington County Enhanced'
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lightiii District YYI, Clean Water Services, and the Washington County Vector Control District upon
completion of the annexation; and
WHERE AS, the Tigard City Council held a public hearing on January 22, 2002 to consider the annexation
of a parcel of land consisting of 8.6 acres and withdrawal of said property from the Tigard Water District,
the Washington County Enhanced Sheriffs Patrol. District, Washington County Urban Roads Maintenance
District, tNaslrirrgton County Street Lighting District 91, Clean Water Services, and the Washington County
Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the V`aicr District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriff's Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District ##l, Clean Water Services,
and the Washington County Vector Control District on January 22, 2002; and
WHERIIAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriff's Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District ##1, Clean Water Services,
and the Washington County Vector Control District by Ordinance; and
W) I ERE AS, the Tigard Development Code states that upon annexation; the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, tht. current and proposed zoning district is R-7, therefore, no zone change is necessary; and
WHERE, AS, the annexation has becra processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance w0h the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
ORDINANCE NO. 02- Oq ZCA2001-03 Thomwood Annexation
Page I or2
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGA ORDAINS A FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached. Extol}it "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, Clean Water
Services, and the Washington County Vector Control District.
SECTION 2: This ordinance shall be. eFrcctive 30 days after its passage by the Council, signature by the
Mayor and pasting by the City Recorder.
SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for
administrative processing.
SECTION 4: Pursuant to (SRS 222,120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol. District, Washington County Urban Roads
Maintenance District, Washington. County Street Lighting District #1, Clean Water
Services, and the Washington County Vector Control :District shall be the effective date of
this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2002.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By (,l ii a n; yu5 vote of all. Council members present after being read by number and
title only, this 6) r day of T 2002.
iVL4VL4
Cat herine Wheatley, City Recorder
APPROVED: By Tigard City Council this 0 day of 12002.
4"es E. Griffi M y r
Approved as to form:
City Attorney
Date
ORDMANCE NO.02- Q ZCA2001-03 Tizomwood Annexation
Wage 2 of 2
EXHIBIT
THORNWOOD► ANNEXATION (ZCA2001-00003)
Legal Description for Map 2S 1 1OBC Tax Lots 1100 & 1200
The following described property located in the Northwest one-quarter of Section
10, Township 2 South, Range 1 West of the Willamette Meridian, Washington
County, Oregon. Being more particularly described as follows;
Beginning at a point being the one-quarter corner on the West line of Section 10,
Township 2 South, Range 1 West;
Thence S 890 50'41" E 719.65 feet,
Thence N 000 29'28" E 458.56 feet;
Thence N 890 41'35" W 141.17 feet,
Thence N 500 53' 55" W 76.59 feet;
Thence N 020 30'56" 55.00 feet;
Thence N 090 22'04" W 84.19 feet,
Thence N 000 18'25" E 150.73 feet;
Thence S 860 8' 31 " W 150.31 feet;
Thence S 000 18'25"W 343.27 feet;
Thence 860 35' 18" W 354.18 feet;
Thence S 000 18' 07" W 421.25 feet to the point of beginning.
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Community Dev, lent Plot date: Nov 16, 2001; C.tmaglc\MAGIC03,APR