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ZCA1995-00002 AdL March 10, 1999 CITY OF TIGARD Oregon Department of Revenue OREGON Cartography Department 955 Center Street Salem, OR 97310 RE: Formal submittal of the Ordinance and related Exhibits officially withdrawing properties annexed into the City of Tigard from the Tigard Water District. To Whom It May Concern: . This letter serves as formal notice that certain properties annexed into the City of Tigard have now been officially withdrawn from the Tigard Water District. Enclosed is a copy of the signed Ordinance passed by the Tigard City Council on 2/23/99 withdrawing those properties from the Tigard Water District. The Department of Revenue previously had the opportunity to review the "draft" ordinance and the necessary changes were made at that time to the exhibits prior to adoption by the City Council. Thank you for your time on this matter. If you have any questions or comments, please feel free to contact me at (503) 639-4171 x407. Sincerely, . . Julia Powell Hajduk Associate Planner i:\curpln\julia\annex\wdlet2.doc Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27 C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File 1999 Planning correspondence file City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6; 97-1,2 & 3; and 98-1,2,3 & 4. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . ° ' • ~ CITY OF TIGARD, OREGON ~ ORDINANCE NO. 99- CF5 a - AN ORDINANCE OF THE CITY OF TIGARD DECLARiNG THAT PROPERTIES THAT HAVE RECENTLY BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT. WHEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and . WIMREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from that Water Disirict to insure the proper entity receives the taxes; and WHEREAS, pursuant to ORS 222.520(2), the City is liable to the Dish-ict for certain debt obligations, however, in this instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and VVHEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of those annexed properties from the Tigard Water District on February 23, 1999; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District is in the best interest of the City f~'igard; an d WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by ordinance. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The properties located in the Tigard Water District which have been annexed by the City of Tigard and Final Order by the Metro Area Boundary commission after the City withdrew from the Tigard Water District on March 23, 1993, are hereby withdrawn from the Tigard Water Dish-ict. SECTION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water District are attached hereto as Exhibits 1 through 27 and incorporated herein. SECTION 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water Dish-ict shall be July 1, 1999. SEC'IION 4: This ordinance shall be effective 30 days after its enactment by the Council. PASSED: By (t rl't mvU-S vote of all Council members present after being read by number and title only, this ~ day of 41999. ~l.E Uv Catherine Wheatley, City Recor APPROVED: By Tigard City Council thisEL4~ day of r~:~Wjx_~99. &ts-Nicoli, Mayor Approved as to form: Attorney iy 2- Date ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98 Page 1 of l i:\citywide\ord\wdwithdr.ord.doc lulia H. I l-Feb.-99 CITY OF TIGARD WATER DISTRICT WITHDRAWAL Boundary Commission Final Order No. 2y 76 EXHIBIT 1 2 zCA No. 95-oooy arcel 1: IEGAI DESCRIPTION OF THE AREA A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, ToNnship 2.South, Range 1 West, Willamette Meridian, Washington County, described as follows: eeginning at a point S'000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" w, 690.00 feet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 89° 41' 00" W, along the north line of said Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washincjton County Deed Records; thence N 000 26' 00" E, along the aest line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S.890 41' 00" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private roacl and the southwest corner of said.Fee Number; thence N 00° 261 00"E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee.Number; thence S 89° 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 00° 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Boolc 1027 Paqe 371 of the Washington County Deed Records; thence N 89° 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east rightrof-way of a private road and a point , on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 24° 39' 36", and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 00° 26' 00" E, along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the ' south right-of-way of County Road 411; thence N 89° 41' 00^ E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 00° 00' 00" W a distance of 9.9 feet; thence N 890 41' 00".E .along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 00° 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 89° 41' 00" E,. along said right-of-way, a distanc2 of 236.5 feet to the point of beginning. ' . arcel 2- A tract of land in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, wllamette MeCidian, Washington County, Oregon, described as follows: Beginning at a point on the north line of said Section, which bears South 89°39' West 990 feet from the quartet- section comer on said north line, said point being the noitfieast comer of that tract of land conveyed to Katheeine Kilgore Gunther, by deed recorded in Book 175, Page 89, Washington County Oeed Records, and the northwest corner of thai tract of land conveyed to Volette F. Howard, by deed recorded in Book 403, Page 297, • Washington County Deed Records; thence South 0°44' West, along the east line of said • Gunther tract 20 feet to the south right-of-way line of SW Gaa(de Street and the True • Point of Beginning; thence continuing South 0044 West along said east line 640 feet to the southeast corner thefeof and the southwest comer of said HoWard tract, said point • being on the north line of the subdivision plat of SHADOW HIILS; tfience East along the south line of said Howard tract, 198 feet to the southeast corner thereof; thence continuing albng said north line, plat o( SHAOOW HIILS, North 89041' East 132 teet to a point; thence North 0°26' East a distance of 640 feet ta said south line SW Gaarde Street; thence South 89041' West alwig said right-of-way line, 132 feet; thence South 0°26' West a distance of 230 feet to a point,.said point being the southwest comer of that tract of land conveyed to Richard leroy Furman, et ux, by deed recorded in Book 866, Page 658, Washington County Deed Records; thence West along the south line of said Furman tract, 158 feet and the southeast co(ner thereof; theiice North 0044' East, 230 feet to said south right-of-way line, SW Gaarde Street; thence West along said line, 40 (eet to the Point of 6eginning ExHIBrT 12M(continuea) I ; . . . VICINITY MAP OF TNE AREA Sl.C 1ull KC W/ 2S 1%C ACf C. fGO' tS 1 3Cp ' 000, • ~ . AAROE T ~ • ~ STREET - ~ , w i~ ~ . . . . , ~ l000 KOG } 1~00 ~ ~ IMO 000 goo • ~ .i[1:: tit::::~ ::•:.~'H~:~::: °fi:;; : aoo : eoo 2't; ti~.'i • :.`xti . lflK .NK. `UViC Y iK` -.a.\i • ~ I ~ • ' X. . I _ . ti.:; _ : ; . v:. ~ 4:'• ti:'• ~ I\. . ' ~mo i:{ - - - - - ::~::1 ~ •.1 , ` . r::; - ~ _ }1; s... A TO 13E ' s~=.• .oa ARE ANNEXED ~ ~ ~ _C U.. ~ - • ~ ~ `'r'` Parcei 1 , ,....c. rooo .,,.r. • ~r;J$:: ~ . . t ~ M~., ~ • - ~ :iL.c ~ i:?X•• r:.~' . :..v.c ~ Parcel 2 400 I u ' ,:.ti ^ _ .,tK • ~ . ` 5200 lJOO = ~ ' Y \ ♦ Y.':•• . I .NK IJiG ; r_•` . I .J~.II,^ /OCry II ~ ' ~ ~~'.^.'.:•t.\.a.Lt ' ~ `~.{t I _ C':.': }.'i.':.'.•.{ : . . szoa 00... ~G= ~ ~ - . : . ssoo .sa~ ~zoo ,~oo .ooo aaoo700 a~ w asoo a.~oo r~ucryc i _ " :s va sxo aw~ ~ ~eoo +.C « t K • c0~1" ` fw.c~ . ~ ~ ZT w`l.QuO 4~ ti a S.W. i• . M 41cFARLANO, ~ s.oo ~ : ' ~soo ~ « • ~/~Q~. = . .r ~ oo t1~ ..a .»o .coo 4 • ~ 5• tsoo ~ ~ aee 4 ~ ~ ~..op .aoo goo ~ •fxoo ~ = :i p M _ u x . . . t, - ~ ~ T(GARD- s" ~ _ iwdi~: aa ,+oo swo `t m „ • ~ 0 3.00 ~ J• " ~ 37 S~ i a - ~ ~ a. s X yuoa, p - 3 e voo ` S.W. WO~ ` ~ asoa ' n 4400 4 rooo . 00~ . « • f ' tsoo" :a 1 . y ts ~ ~ceo - a i 34 u ~Z s~' `m `E~ CT07v CD~;. rn[xm~ aww.. ■ , ' " :4 oo "'~il.'~ aC1143 rC T ~ Y ~w . f0A Aij[syKNf •o arr-oo ♦ uc • - ronc nrse ~ I STR£ET ■ aeu -7 IGARC 2$ I ~ ' . ' . , ~~~/s:~.. ,a r1r~~ . a - ` _ : . • . Councii Agenda Item 3.1 ~ TIGARD CITY COUNCIL MEEfING MINUTES - APRIL 25, 1995 • Meeting was called to order at 6:35 p.m. by Mayor James Nicoli. 1. ROLL CALL . Councii Present: Mayor Jim Nicoli; Councilors Wendi Conover Hawley, Paul Hunt, Bob Rohlf, and Ken Scheckla Staff Preserrt: Bill Monahan, City Administrator; . Wayne l.owry, Fnance Direcior; Loreen Mills, Management Analyst; Liz Newton, Community Involvement Caordinator; Jim Coleman, Legal Counsel; Ray Valone, Assistant Planner; Ed Wegner, Maintenance Services Director; Catherine WheaUey, City Recorder; and Randy Wooley, City Engineer. The Tigard City Counal werrt into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, currerrt and pe.nding litigation issues. - Executive Session recessed at 7:10 p.m. STUDY SESSION Solid Waste Hauler's Annual Report: Managemerrt Analyst Mills distributed to Council a chart showing the residerttial rate change depending on a rate of retum policy implementa~tion plan chosen by Council. In addition, she distributed a second chart which was a solid waste rate/senrice comparison (in effect April, 1995). Mayor Nicoli summarized what he believed to be the issues before Council: 1. Review whether to continue with the solid waste policy with regard to rate of retum for the franchise haulers. 2. Whether to apply any increase to residerrtial and commercial with the notion that commercial would continue to subsidize residerrtial. 3. Start up a Nos. 1 to 7 plastics recycling service at curbside. CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 1 . . . . : 4. Hauiers have presented infonnation that since the first of the year they have incurred additional costs and they are experiencing an increase in costs, 5. Concems expressed eariier by Council with regard to whether there should be an efficiency review of the haulers. I 6. Review of how customer complairrts are handled. 7. Review of whether or not an additional service for fee be added - pickup from the sideyards. 8. What things could the City do to help with efficiency? Mayor Nicoli advised it was his understanding that the only thing that was needed to be ' done by the end of May was to conduct a rate hearing. Councilor Scheckla noted it was his intention to be fair to the haulers; however, he advised he would like to see information on how much loss there had been on the collection of the recyclables. In addidon he would like to have cost information with regard to the addition of services (plastic recycling). . Mayor Nicoli referred to the standing policy which has been adhered to in the past. Councilor Hunt questioned whether the haulers allowed enough time to pass to accurately determine what costs would be on some recyclables. He advised he would not want to make a rate change only to have to consider raising the rate again in the near future. Mr. Miller, representing the haulers, advised the report was based on calculations for the last year. He noted the haulers were not able to charge for yard debris service until this ~ service was available. He advised that implementation of curbside plastic recycling could I be implemented with We or no capital investmerrt. ~i Councilor Rohif suggested that the Council proceed with a rate review public hearing with recycling plastics at curbside. At a later time the policy and other issues with the haulers could be reviewed. He advised that at a later date he would expect the policy to be formalized by Council action (i.e., a resolution) other than continuing with the informal policy. Mayor Nicoli noted that most of the rate increases in the past have been due to the increase of Metro dumping fees. It appears those fees have leveled off. He noted future cost increases will most likely be due to inflation. C(TY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 2 • • I Discussion followed. It was noted that it may be necessary to have a rate adjustment every year. Councilor Rohlf also suggested the residerrtial/commeraal subsidies be reviewed at a later time. He suggested that any change in rates could possibly be phased in over a period of time. It was noted these rates would probably be evaluated during the next annual rate review time. After discussion, Councilor Rohlf clarfied that he would expect during this first public hearing and rate review, that the ratio between commercial and residential woufd be maintained and curbside plastics recyGing would be added in. Mr. iVliller advised that curbside pickup of plastics would strictfy be a residential service. Councilor Hunt advised he disagreed with one point suggested by Councilor Rohtf; he was not sure he was in favor of any increase for commercial; he would rather see the increase go to residential. He requested that this issue be left on the table. Staff advised they could bring both proposals to the hearing - one that showed an increase to residential only, and the other which would show an increase to commercial and residential with the ratio of subsidy of commercial to residential being left in. After a brief discussion, Council decided that the rate hearing for solid waste fees woaald be conducted on May 16. In addition, the Tualatin Valley Water District would be invited to talk evith Council about water issues on that evening as well. Chamber of Commerce - Frst Niter Dinner In the past, the City has sponsored Councilors and spouses who could attend the Chamber of Commerce Frst Niter Dinner. Councilors were asked to contact staff if they were planning to attend. Council meeting recessed at 7:28 p.m. Council meeting convened at 7:35 p.m. BUSINESS MEETING 2. GREENBURG/217 PROJECT UPDATE (MSTIP 2) Greg Miller from Washington Courrty advised that a widening project for the Greenburg overpass and off-ramp to Highway 217 will soon be underway. This will be done through an intergovemmental agreemerrt among the City, State and County. Construction is expected to occur in 1997-1998. This project will tie in well with another project funded by Metro on Greenburg Road. CITY COUNCIL MEEfING MINUTES - APRIL 25, 1995 = PAGE 3 _ • , • -i 3. VISITOR'S AGENDA: • Jack Polans, 16000 SW Queen Victoria Place, tGng City, Oregon, 97224, ~expressed concems with manner of weUand mitigation for the Martin property located in the Triangle. Mayor Nicoli advised Mr. Polans his concems should have been brought up during the public hearing process. No building can be done until permits for wetand mitigation with proper • agencies are obtained. Mr. Polans also expressed concems with the solid waste discussion which occurred during the study session and the profrt margin percerrtage requested by haulers. • Chris Garstick testfied with concems that the 130th/Winterlake connection was again being discussed at a C(T meeting. She read a statement and asked for assurances that this statement, after it is read for the CITs, be forvvarded to the City council. City Administrator Monahan assured Ms. Garsstick that this message would be forwarded to the City Council. 4. CONSENT AGENDA: Councilor Hunt requested that Item 4.2 be removed for separate consideration. Mr. Jack Polans requested that Item 4.3(a) be removed for separate considerafion. Motion by Councilor Scheckla, seconded by Councilor Hawley, to approve the Consent Agenda, minus items 4.2 and 4.3(a), as preserrted. 4.1 Approve Council Minutes: April 11, 1995 4.3 b. Authorize City Engineer to Advertise for Bids to Construct the Bonita Road and Bull Mountain Road Projects Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.°) 4.2 Request Senate Bill 588 be Changed to Make Owner Consent a Local Option Rather than a State Mandate The proposal before Council was to adopt a reso(ution requesting that Senate Bill 588 be changed to make owner consent a local option rather than a State mandate with regard to designation of historical preservation sites. Councilor Hunt CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 4 ! • i advised he did not think any property should be designated as historically signficant without owner's consent; therefore, he did not believe that local jurisdicctions should be given this control. City Administrator Monahan advised the Tigard Community Developmertt Code as presenUy written does not require the owner's consent for historic site designation. . Senate Bill 588 would remove Tigard's and other local govemments' authority to designate properties as historicaly signficant without owner consent. 'I Mayor Nicoli noted he was in favor of Senate Bill 588. He agreed the govemment should not be able to designate property without owner conserrt. City Administrator Monahan noted the Preservation League of Oregon has asked us to consider their attemate language. Councilor Hawley referred to the work being done by the Tree Task Force. The Task Force may recommend that historic trees be designaRed. She advised she would not warrt to preempt the ability to designate historic trees, regardless of ownership. She acknowiedged that the batance of the public good and individua0 rights will be an issue to debate. . Councilor Rohff 'called attention to the fact that the proposed resolution would be advisory to the state govemment. Councilor Hawiey advised she would like to support the staff position for more local control, and would like adoption of the resolution. Councilor Scheckla advised he agreed with Councilor Hawley, noting there only a few historic places left. Councilor Rohlf advised if it was a choice between whether the local govemment had a chance to say whether or no$ designation without owner conserrt would occur, he would rather have the loc.al govemment involved. ' Motion by Councilor Hawley, seconded by Councilor Rohtf, to adopt Resolution No. 95-19. RESOLUTION NO. 95-19 - A RESOLUTION REQUESTING THAT SENATE BILL 588 BE MODIFIED TO GIVE LOCAL GOVERNMENTS A LOCAL OPTION REGARDING OWNER CONSENT TO HISTORIC DESIGNATION Motion passed by a majority vote of Council present. (Councilors Hawley, Rohlf, and Scheckla voted "yes;° Mayor Nicoli and Councilor Hunt voted "no.") 4.3(a) Accept Quote from Mather & Sons, Pumps Incorporated and Other Vendors as Necessary to Complete the Well #2 and Well #3 Maintenance Program. Mr. Jack Polans raised concems with regard to whether these pumps should be , CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 5 . 1 • ' • • repaired or whether it would be more cost effectivve to replace. Maintenance Services Director Wegner advised he had met with iWr. Polans earlier and described the wor{c that needed to be done. Mr. Wegner noted he feit comfortable with the quotes received. If, upon inspection, it appeared that a new pump would be needed, staff would come back to City Council for authoriza~tion to replace the pump. It was noted the Intergovemmental Agency and Tigard Water Districi all have reviewed this course of action and are in agreement that it should ~ be done. Motion by Councilor Hunt, seconded by Councilor Rohff, to approve Item 4.3(a) as presented. Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hawley, Hunt, Rohff, and Scheckla voted "yes.°) 5. PUBLIC HEARING (GZUASI-IUDIClAL) - SITE DEVELOPMENT REVIEW (SDR) 91- 0005/VARIANCE (VAR) 91-0010 DOLAN/MENDEZ CITY ATTORNEY RAMIS RECEIVED A REQUEST FOR A 30-DAY CONTINUANCE FROM THE DOLAN LEGAL COUNSEL. MR. RAMIS RECOMMENDS THE REQUEST BE GRANTED. IT IS ANTICIPATED THAT THIS HEARING ITEM WILL BE SET OVER; BY COUNCIL MOTION, TO MAY 23, 1995. To Consider the U.S. Supreme Court remand of conditions related to the dedication of property for floodplain management and a bikepath relating to the determination of the rough proportionality of those requirements. LOCATION: 12520 SW Main Street (WCTM 2S1 2AC, tax lot 700). APPUCABLE REVIEW ,CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.86, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.134 and 18.164; the Parks Master Plan for Fanno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD (Central Business District). The Central Business District zone allows public administrative agencies, cultural exhibits and library services, parking facilities, public safety services, religious assemblies, and a variety of commercial and senrice activities, among other uses. City Administrator Monahan advised that this public hearing is the consideration of the Dolan Supreme Court remand. He noted that the City has been discussing the terms of the remand, as well as other issues with the parties involved. He advised that originally this hearing was scheduled for March, with a request by the Dolans for a thirty-day delay to April. Another request for delay was received from Dolans' legal counsel to provide time to continue to work on issues. It was _ recommended the hearing be opened and continued to May 23, 1995. Mr. Monahan referred to the signficant notice requirements. By continuing the hearing* C1TY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 6 . • ' • $o May 23, 1995, re-notfication wouid not be necessary. a. Pubiic hearing was opened. b. Mofion by Councilor Rohtf, seconded by Councilor Hurrt, to continue the hearing to the requested date of May 23, 1995. c. Mofion was approved by unanimous vote of Council preserrt. (Mayor Nicoli I and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.°) I I 6. PUBUC HEAAING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA 95- 0002) FUDGE ► A request to annex four parcels of land corrtaining 5.68 acres Yo ' the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5. LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPUCABIE REVIEW CRITERIA: Comprehensive Plan Policies 2 and 10; Community Development Code Chapters 18.136 and 18.138. ZONE: Currently in Washington County R-5. a. Public hearing was opened. b. Declarations or Challenges. Mayor Nicoli read the following statements: Do any members of Council wish to report any ex parte corttact or information gained outside the hearing, including any site visits? (None were reported.) Have all members familiarized themselves with the application? (All Council members indicated they had familiarized themselves with the application.) Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges.) c. Staff Report - Community Development Department Assistant Planner Valone presented the staff report. The proposed annexation consists of territory comprised of four parcels of land totalling 5.68 acres which are corrtiguous to the City of Tigard. The applicants request annexation in order to be eligible for sanitary sewer service. _ Because the territory is designated within Tigard's active planning area and has already been assigned a Comprehensive Plan designation of low CITY COUNCIL MEET1NG MINUTES - APRIL 25, 1995 - PAGE 7 ~ • . density residerrtial, the Ci4y Council only needs to assign a Tigard zone designation to the property. The proposed resolution initates annexation and the proposed ordinance changes the zone designation from Washington Courity R-5 to R-4.5. Mr. Valone advised that one property, identfied as Parcel A on the map, has been included in the annexation proposal without the owner's consern, because of its location. It is surrounded by, and depends upon Parcel B, for its access. Efficierrt use of facilities and services are the primary reasons for its inclusion. City staff preferred to have Parcel A be part of the annexation proposal. The Police Departrnent, in particular, wants the parcel to be included with the annexation because of the confusion involved during . Police response if it is left out. d. Public testimony. Mayor Nicoli read the following statement: For aJl those wishing to testiiy, please be aware that failure to raise an issue with sufficierrt specficity to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of APPeals on this issue. TesKimonY , and evidence must be directed toward the criteria that staff will describe or other criteria in the plan or land use regulation which you believe apply to the decision. APPlicartt: • Brad Fudge noted he lived °on the edge of Tigard° and wants to annex to the City. He advised he is already using the services offered by the City, including parks and library, and feels he should pay for them if he is using them. He noted that in order to access his govemmerrt agency, he now must travel to Hillsboro and would prefer to be able to go to Tigard. He also advised he would like to have sewer. He noted he was not in any hurry to develop his property; however, if he is going to be part of Tigard, he should be in the City. Mr. Fudge advised that if Parcel A was not approved, it would not matter to him. In response to a question from Councilor Rohlf, staff advised the . current ordinance states that parcels outside the City could not be asked to participate in a reimbursemerrt district. CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 8 . ~ . Opponent: • Linda Duandt, 14165 SW 115th Avenue, Tigard, Oregon, owner of the property identified as "Parcel A,° advised she protested the annexation to the City without consent. Ms. Quandt also submit4ed a letter which is on file with the Council packet material. Ms. Quandt I noted she would not object coming into the City if the rest of the ~I suROUnding properties also annexed. e. Staff Recommendation: I Staff recommended that the C' Council forvvard the ro osal as written t ~Y p p o the Boundary Commission for review. Staff also recommended the Council approve the ordinance, changing the zone. f. Public hearing was dosed. g. Council Questions and Consideration: Councilor Hawley asked about the application fee. The cost of this annexation application was $850. If Parcel A annexed by itsetf, the cost would be $215. Mr. Valone advised a rate increase for applications would go irrto effect July 1, 1995. 'During further Council discussion, it was noted that there is a road mairrtenance agreement and easement off of Gaarde to access Parcel A. Mir. Fudge advised this easemerrt would be maintained because the parcel needed to have access; however, the easemenrt location could be changed. There was discussion on ownership of the various lots in the proposal and associated easements. Councilor Rohlf asked whether Mr. Fudge would consider exempting the Quandt property for any future sewer reimbursement districts. Mr. Fudge responded "no," that he would warrt to get paid for the sewer if he instafled a line. Council then discussed the policy on annexing islands. It was noted that in the past, some Council members had concems with forced annexation. Mayor Nicoli noted concems with leaving Parce( A out of the annexation because of problems for the Police Departmerrt. CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 9 • ~ . Councilor Hunt noted if Council approved this action forcing Parcel A to come into the City, then this would be inconsistent with the policy on island ' annexation. He advised that afthough it would appear inconsistent from his previous action, he would vote against the proposal. _ Mayor Nicoli advised his recollection of Council poiicy on island annexation differed from Councilor Hunt's - that the decision Council made was whether or not the entire Walnut island area would be brought in. He thought this did not preclude individual properties from being brought into the City. Associate Planner Valone advised that the proposal before City Council at this hearing was a°double majority" annexation. This type of annexation has, in the past, been viewed by the Boundary Commission differently (and generally, more favorably) from a'forced' island annexation. Councilor Rohif referred to concems with reimbursemerrt districts. He noted he would prefer to leave Parcel A out of the recommended annexation proposal to be forvvarded to the eoundary Commission. Councilor Scheckla also agreed that Parcel A should be left out. He referred to the map, noting that a similar island was located nearby. He questioned why service delivery concems had not been presented previously to Council by staff. Councilor Hawley asked that if Parcel A was left out of the proposal, woutd this jeopardize the approval of the rest of the annexation? Mr. Valone responded that the Boundary Commission could choose to modify and include Parcel A. It was unlikely the request would be denied if Parcel A was left out. In addition, Mr. Valone advised that since the proposal was received at City Hall, three additional parcels to the west indicated they will join in at the Boundary Commission level and ask to be added into the City. Further questions followed with regard to Boundary Commission consideration and policy. ; I h. Motion by Councilor Rohlf, seconded by Councilor Hawley, to adopt I Resolution No. 95-20 and Ordinance No. 95-06 as amended to delete Parcel A; Parcels B, C, and D would comprise the annexation proposaL , i. RESOLUTION NO. 95-20 - A RESOLUTION INITIATING ANNEXATION TO I THE CITY OF TIGARD OF THE TERRfTORY AS DESCRIBED IN DCHIBIT "A" AND ILLUSTRATED IN DCHIBIT "B" (ZCA 95-0002). C1TY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 10 , , • • I . ORDINANCE NO. 95-07 - AN ORDINANCE ADOPTING FINDIIVGS AND I CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AW EFFECTIVE DATE (ZCA 95-0002). j. Motion was approved by a majority vote of Councii preserrt. (Councilors Hunt, Rohif, and Scheclcla voted 'yes;' Mayor Nicoli and Councilor Hawley , voted 'no.' ) 7. CONSIDER PROHIBITING PARKING ON CANTERBURY LANE NEAR PACIFIC ' HIGHWAY City Engineer Wooley reviewed the staff report. Currently parking is prohibited on north side of Canterbury Lane, but allowed on the south side. Cftizens complain the south side parking is a problem near Pacific Highway. When the traffic signal was installed on Pacfic Highway at Canterbury, a left tum lane was added on the Canterbury approach to the irttersecdon. With the left tum lane markings, there is no longer sufficient room for parking on Canterbury near the intersection. Recerttfy, vehicles from the adjoining apartrnents have occasionally caused some problems in the area near the intersecction. The proposed ordinance would coRect this situation by prohibiting parking in the area of the tum lane. . Motion by Councilor Hawley, seconded by Councilor Rohff, to adopt Ordinance No. 95-07. ORDINANCE NO. 95-07 - AN OADINANCE AMENDING TMC 10.28.130 BY ADDING POFtT10NS OF SW CANTERBURY LANE WHERE PARKING IS PROHIBITED. Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hawley. Hurrt, Rohff, and Scheckfa voted "yes.") 8. CONSIDER PARKING RESTRICTIONS ON SW 109TH AVENUE City Engineer Wooley reviewed the staff report. Parking restrictions were requested by Jill Coon, manager of the Panorama West/Canterbury Apartrnents. The restrictions would be in the area of a sharp curve in 109th Avenue south of Canterbury Lane. The letter on file indicates the requesi is supported by the managers of all the adjoining apartrnent complexes. In addition, notice of the proposed parking restrictions was sent to ovmers of record of the apartrnents and the remaining undeveloped parcel abutting the curve. As with other areas of apartment development, on-street parking has increased in . the 109th area in recent years. Both Engineering and Police Departrnents have CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 11 • • received calls of concem regarding safety at the curve when vehicles are parked along both sides of the street. The proposed parking restrictions will alleviate these concems. The restriciions appear to be supported by those responsible for the adjoining property. In response to a question from Councilor Hurrt, City Engineer Wooley advised that these areas would be impacted with additional traffic, once the Triad development was completed. Motion by Councilor Hawiey, seconded by Councilor Rohlf, to approve Ordinance No. 95-08. ORDINANCE NO. 95-08 - AN ORDINANCE AMENDING TMC 10.28.130 BY ADDING PORTIONS OF SW 109TH AVENUE WHERE PARKING IS PROHIBITED. Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hawley, Hurrt, Rohlf, and Scheclcla voted "yes.") 9. NON-AGENDA ITEMS 9.1 Transportation Impact Fees Mo Mayor Nicoli advised he suggested at the last WCCCA meeting that he had two recommendations for changes to Transportation Impact Fees (TlF): ' • County ordinance requires that local govemments charge themselves a T1F fee. It doesn't appear that anyone has collected such fees and he suggested the ordinance be changed to reflect practice. Council consensus was to approve. • Suggested that cities not charge schools TIF fees, noting the service schools provide; i.e., act as parks and use of facilities. Discussion on pros and cons of this proposal followed. "Pros° included: • good relationship further enhanced between City and School District, • would not be very costly to Tigard. CITY COUNCIL MEEr1NG MINUTES - APRIL 25, 1995 - PAGE 12 ~ I . ~ . . ~ I "Cons" included: • money for improvemerrts must come from somewhere and schools impact the need for road improvements because of traffic they generate. (Recent school reeds cited were the I Grant Avenue sidewalk and 79th/Durham signai.) 9.2 Gas Taxn/ehicle Registration Fees City Administrator Monahan advised that the legislature may be considering a transportafion package on a gas tax and an increase in vehicle registration fees. The gas tax would provide dollars for new street and road projects; without this funding, there will be no money available for new projects for the next four years. The vehicle registration fee will be used for : mass transit. Cauncil broke this down irrto three issues: • Majority of Council supported that the bill should be brought to the floor for debate. (Mayor Nicoli and Councilors Hawley and Hunt voted °yes;" Councilors Rohlf and Scheckla voted °no.') • Majority of Council did not support the 2-cent gas tax increase. (Mayor Nicoli and Councilor Hunt voted "yes;° Councilors Hawley, Rohlf and Scheckla voted "no.") • All of Council did not support the mass transit portion of the proposal. ADJOURNMENT: 9:17 p.m. ~.?~t~+.~,~ Gt> r Attest: Catherine Wheatley, City Recor r or, City of igard , Date: s , c=oa2s.ss - CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 13 dye- ~ • Return completed questionnaire to: ~ Center for Population Research and Census Portland State University P.O. Box 751 Portland, OR 97207-0751 No later than September 27, 1995 for certification on September 30, 1995. A N N$% A T I O N Q II$ 8 T I O N N A I R g City of 1 lC-i A-R~D County of N-i N'e, ( alQ Annexation Ordinance Number or Final Order Number Effective Date of Annexation (.0 1"49 5 NOTE: Enumeration of annexations which involve 200 or more housing units must be conducted under the supervision of the Center for Population Research and Census in order to be certified to the Secretary of State. Complete the followinq section if there are ess than 200 housinq units in this annexation. Attach completed confidential census schedules for all housinq units i both vacant and occupied. There must be one sheet for each inhabitable housing unit. ' HOUSING UNITS AND POPULATION AT TIME OF ANNEXA,TION TCTAL OCCUPIED VACANT PERSONS I~ UNITS IN SINGLE FAMILY STRUCTURES 5 S UNITS IN MULTIPLE FAMILY STRUCTURES MOBILE HOMES OR TRAILERS C) TOTAL POPULATION OF ANNEXED AREA Date of Certification •-1.~~~ CERTIFIED BY ~ C c + -r cv TITLE • - 1 TELEPHONE NfU~CBER ✓ b ~ l/ " ~//7! ✓ This questionnaire and the completed census schedules are the only data used to certify annexed population. Please DO NOT send maps, copies of the final ordinance, lists of addresses, etc. to our office unless you are requested to do so. If there are any questions, or to schedule a census, contact Howard ' Wineberq at the Center for Population Research and Census, 725-3922. THANK YOII. I I 9CONFIDENTIAI.9 ~ ~ City of Address ~y,~_~l HOUSING TYPE TENIIRE Single Unit Structure Owner Occupied ~41 Multiple Unit Structure O Renter Occupied O Trailer or Mobile Home vacant RE3IDENT3 Last Name First Name Sex Age Respondent LY~tGLJ-2 -1 2. v ee,~ ~ 33 3. 4. 5. 6. 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census 725-3922 I 9CONFIDENTIAI* ~ . ~ CitY of Address ILIII`yL-' ~ / ~ L-Gl•`~I . ' I , HOIISING TYPE TENIIRE ; Sinqle Unit Structure Owner Occupied ( Multiple Unit Structure Renter Occupied Trailer or Mobile Home Vacant RE3ZDENTS , Last Name First Name Sex Age Respondent (2ke.2 2. ~•rJL'~-L-C'7lr '~:~'1~....g r U C..t a 3. ~ 4. 'I 5. I 6. 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census 725-3922 I 4pCONFIDENTIA10 City of i ~ Address 7l- L% ~ ~ . HOIISING TYPE TENIIRE Single Unit Structure Owner occupied (~j. Multiple Unit Structure Renter Occupied Trailer or Mobile Home Vacant RE3IDENT3 Last Name First Name Sex Age , ~ Respondent ~~~n ~i2 c• e / 2 . J~°,.,~' 3. 4. 5. 6. 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census 725-3922 I V, 9CONFIDENTIAIO jA' City of ~J/.L~~~ ; ~ _ ~rAddress HOOSING TYPE TENIIRE Single Unit Structure Owner Occupied Multiple Unit Structure Renter Occupied Trailer or Mobile Home Vacant RE3IDENT3 Last Name First Name Sex Age ~ ~ Respondent I 2. 3. 4. I I 5, I ~ , 6. I 7. ~ 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census 725-3922 ~I ' - ~ *CONFIDENTIAIO , C ity o f ~ •,~,~r I► • Address /-L- L, HOUSING TYPE TENURE Single Unit Structure Owner Occupied , Multiple Unit Structure Renter Occupied ~ Trailer or Mobile Home Vacant RE3IDENT3 Last Name First Name Sex Age ~ Respondent ~~~?~y~ . :•~~GC r~.~ 11;17 L( <1 )6-1 2. GIeti ~411 L ~ 3. ~'~~,.,L~•C-~ ~ ~ ~ 4. 'I . 5. 6. 7. 8. 9. 10. Portland State University School of Urban and Public Affairs Center For Population Research and Census 725-3922 NOTICE TO TAXING DISTRICTS ORS 308.225 'V• QREGON DEPARTMENT OF REVENUE This is to nofrfy you that your boundary Cartnt'rarhic lJni.t. change in Washirisit.nn County, for 955 GentGr atrpE+t idE AtdidC:( 'TQ Tl•IG CZ1'Y OF Salemy OR 97310 TIGAkD. 4l1TF4f1RAW FftQM (50:3) 445-•8297 't!•1[iJA3No C04 i(:RV.11I ST. FAX (503) 945-.8737 TIiD (503) 945-8617 F.O. 3476 has been: CI1'Y Ot" TTGARI1 ~ Received 6"'23°'45 FINANCE 11IRECTOk ' 13125 .riG1 'rfAl.l.. BLV11 71GAFtD Ok 97223 ~ Approved 7-2h... 95 Notes: ❑ Disapproved (see notes) ISSUEL1 7fJ C17RRi:CT A F.RFtOR IN RCCQEtTl KCC1'iNG. FOR MAPPING UNIT AND ASSESSOR USE ONLY Department of Revenue fife number. I►I]R ;A--107 5-S ; Mid e Fh►!4hes Boundary: 0 Change ❑ Proposed change ❑ Planned change The change is for: ❑ Formation of a new district ~ Description E] Annexation of a territory to a district 13 Map ~X nESCftIPTIt1N AND MAf' APPR[1VEA 4 E] Withdrawal of a territory from a district ~ 7- 21-45 u ❑ Dissolution of a district ~ 4, F Cft llft5 303.225 sX ❑ Transfer ❑ Merge Received from: M, I3 . G. 150-303-039 (Rev. 12-93) Dlatrmutlon: WhNe - taxfng dlet. Canary - counry asaesaor Pfnk - Dept. of Revenue Gokenrod - county commissloners or Counry Court/Boundary Commlsebn (if approprlate) ~ • NOTICE TO TAXING DtSTRICTS ORS 308.225 =65°RRd.Y This is to notify you that your boundary . OREGON DEPARTMENT OF REVENUE ~ Cartograr-hic llriit change in Washi.ngi.on County, for 955 Center S4 reet NE ANtdEX TO Tt•IC f,ITY OF Salems OF 97310 TIGAkA. WITFIDF:A41 FP,ili•i (503) 945...8297 T4iEldAi'rle CQo >fRVoDI`•iT. FAX (503) 945-8737 ' TDD (503) 945•-8617 F.[1. 3476 has been: CI1'Y OF TiGARD ~ Received 6°23•••95 FIFlAiVCE DIKECTOR 13125 >lJ FIAI.L }1l.VD TIGAf.U OR 97223 ❑ Approved Notes: El Disapproved (see notes) THG AESCtt[PTIQN ANA YI•IE MAP ARC NOT 1'H ,APfEa 'fh1E t:XCGQTION TCl E'AttGEL QidC IS MISSING. FOR MAPPING UNIT AND ASSESSOR USE ONLY Department of Revenue file number: D 0R "'~A.- 1.075-•9 ; Mib e Hughes I Boundary: 9 Change ❑ Proposed change ❑ Planned change The change is for: ❑ Formation of a new district 9 Description El Annexation of a territory to a district Q Map El Withdrawal of a territory from a district ❑ Dissolution of a district ❑ Transfer ❑ Merge Received from: F -M• R• C • 150-303-039 (Rev. 12-93) I Distributlon: WhRe - taxing dist. Canary -caurtry asaesaor Pink- Dept. ot Revenue Goldenrod - county commissloners or Caunty CourtlBoundary Commlasbn (II appropriaW) • • ~ CITY OF TIGARD OREGON July 12. 1995 Mayor Jim Nicoli City Council Marvin and Helen Eberting Wendl Conover Hawley 14040 SW 117th Ave. Paul Hunt Tigard, OR 97224 Bob Rohlt Ken Scheckla Dear Mr, and Mrs. Eberting: We neceived official notficaUon that the annexatjon proposal at the above address became flnal. The effecthve date af the annexation was January 29. 1995. A copy of the Boundary Commission's Final Orcler Is endosed. Also endosed is our citizen packet, which we hope wiil be helpful to you. On behalf of the City CouncU, I welcome you to the Ciry of Tigard. The Courrty Etecdons DepaKment has been notffled; they will update your voter regtstratton so you can vote on Ttgard issues and candidatea Emergency pubNc safery seMces can be reached by diaifng 9-1-1. The Flre DistMct conUnues to serve you as beFore. The Tigarti Pdice DepartmeM wql now resporid instead of the ShertfPs Department. Please catl ihe Pdice DepartmeM for any public safety concems you may have. Tigard is proud of its weil-run facilities. Street mairrtenance and sewer f(ne servtces are provtded by the City. Unifled Sewerage Agency is responsibte for sewage treatment through a cormact wfth the City. .Your sewer billing wiil be handfed through a Ciry biiling process Instead of through the Cou►ny tax bill. Water service ' wilt conttnue through the Tigard Water Department as before. The City of Tigard's Library and its association with the Washington CouMy Library Service offers you flrst- rate library senrice and access to just about any subject. Our Fnance and Administration Departments are orierrted to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questions or concems. Once again, ( wish you a sincere wetcome. Sin Y. • mes Nicoli ayor endosures h:\login\jo\welcome 13125 SW Hafl Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . • CITY OF TIGARD OREGON July 12, 1995 Mayor Jim Nicoli City Councli John and Mary Olsen Wendl Conover Hawley 11760 SW Gaarde SL Paul Hurtt ' Tigard, OR 97224 Bob Rohlt Ken Scheckla Dear Mr. and Mrs. Olsen: We received official notiflcatton that the annexation proposal at the above address became flnal. The effectlve date of the annexation was January 29. 1995. A copy af the Boundary Commission's Flnal Orcler is endosed. Also endosed is our citizen packet, which we hope wfll be helpful to you. On behalf of the City CouncA, I welcome you to the City of Tigard. The County ElecNons Department has been notifled; they wiil update your voter registration so you can vote on Tigard issues and candidates. Emergency public safety servicas can be reached by dialing 9-1-1. The Flre District coMinues to serve you as before. The Tigar+d Pdice Department will now respond instead of the SheriiPs DepanmenL Please cail the Pdice Department for any public safety concems you may have. Ttgard Is proud of its well-run tacqides. Street maiMenance and sewer Iine servtces are provided by the City. Unifled Sewerage Agency is responsible for sewage trwtment through a corrtrad with the Ctry. -Your sewer biiling wiil be handled through a City bUling process instead of through the Courrty tax bill. Water service will corttinue through the Tigard Water Department as before. The City of Tigard's Library and its association with the Washington Courrty Library Service offers you flrst- rate library service and access to just about any subJect Our Flnance and Administration DepartmeMs are oriertted to good citizen service and we ask that you not hesitate to call 639-4171 ff you have any questions ' or concems. Once again, I wish you a sincere weicome. Sin y, S;i~ ~ ames Nicoli Mayor endosures h:\togin\Jo\welcome 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • ~ CITY OF TIGARD OREGON July 12, isss Mayor Jim Nicofi City Council Brad and Kltty Fudge Wendi Conover Hawley I 14235 SW 115th Ave. Paul Hurtt . Tigar+d, OR 97224 Bob Rohlf Ken Scheckla Dear Mr, and Mrs. Fudge: We received officfal notffic:ation that the annexation proposal at the above address became flnal. The effiea2lve date of the annexaUon was January 29, 1995. A copy of the Boundary Commission's Flnal Orcier is endosed. Also endased is our citizen packet, which we hope wAI be helpful to you. On behalf of the City Council, I welcome you to the City of Tigard. The County Electtons Department has been notiHed; they will update your voter registration so you can vote on Tigard tssues and candidates. Emergertcy pubifc safery servlces can be reached by dialing 9-1-1. The Flre Dtstrict coMinues to serve you as before. The Tlgarcl Pdice Department vn11 now respond instead of the SherffPs Departmerrt. Piease call I the Pdice Department for any public safery concems you may have. Tlgard is proud of its well-nan iac0ides. Street mairrtenance and sewer I(ne servic:es are provided by the Ciry. Unffied Sewerage Agency is responsible for sewage treaimerrt through a coMract wfth the City. - Your sewer bA(ing wiit be handied through a City bflltrtg process instead of through the CouMy tax bUl. Water service imll conttrtue through the Tigarcl Water Depariment as before. The City of Tigard's Library and its association with the Washington County Library Service offers you first- rate library service and access to Just about any subject Our Fnance and Administration DepartmeMs are orieMed to good citizen service and we ask that you not hesitate to call 639-4171 if you have any quest(ons or concems. Once again, t wish you a sincere welcome. j Sinc ely, . ames NicoU Mayor endosures ~ h:\login\jo\welcome 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ . CITY OF TIGARD OREGON ' July 12. 1995 Mayor Jim Nicoli City Councii Unda puarKit Wendi Conover Hawley 14165 SW 115th Ave. Paul Hunt •--Tigard, OR 97224 Bob Rohlf Ken Scheckla Dear Ms. Quancit: We received officlai notfffication that the annexatton proposal at the above address became flnal. The effective date of the annexation was January 29,1995. A copy of the Boundary Commiss(on's Flnal Orcler is endosed. Also endosed Is our citfzen packet, which we hope will be helpful to you. On behalf of the Ciry CouncA, I welcome you to the City of Tfgard. The County ElecUons Department has been notifled; they will update your voter registration so you can vote on Tigard tssues and cand(dates. Emergency public safety services can be reached by dialing 9-1-1. The Flre District coMinues to serve you as before. The Tigard Police Department wiil now respond instead of the Sheriffs DepartmeM. Please call the Police DepartmeM for any public safety concems you may have. Tigard is proud of its well-run facilfties. Street mairrtenance and sewer line seMces are provided by the Ciry. Un'rfied Sewerage Agency is responsible for sewage treatmertt through a corrtract with the City. Your sewer b7ling will be handled through a City billing process instead of through the County tax biil. Water serv(ce will coMinue through the Tigard Water Department as before. The Cfry of Tigard's Library and its association with the Washington County Library Service offers you flrst- rate Iibrary service and access to just about any subject. Our Flnance and Administration DepartmeMS are orieMed to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questions or concems. Once again, I wish you a sincere welco, e. Sincer , ~ J es Nicoli yor ' enclosures ~ h:\login\io\welcome 13125 SW Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ 1 • July 5, 1995 FINAL ORDER ON ANNEXATION 3476 (FUDGE/EBERTING) ZCA 95-0002 Aitached is the final order on Annexation 3476 (Fudge/Eberting), effective June 1, 1995. Census information is as follows: Final Order 3476: Owners: Brad & Kitty Fudge 2S110BA-00200, 1 SF dwelling 14235 SW 115th Ave. Est. population - 2 Tigard, OR 97224 Marvin & Helen Eberting 2S110BA-00300, 1 SF dwelling 14040 SW 117th Ave. Est. population - 2 Tigard, OR 97224 Other parcels annexed with this proposal: • Linda 62uandt 2S1 IOBA-00100, 1 SF dwelling ; 14165 SW 115th Ave. Est. population - 2 I Tigard, OR 97224 ~ • no address 2S110BA-00500, Vacant • 11740 SW Gaarde St. 2S1106A-0 1500, 1 SF dwelling Tigard, OR 97224 Population unknown • no address 2S110BA-01800, Vacant • John & Mary Olsen 2S110BA-01900, 1 SF dwelling 11760 SW Gaarde St Population unknown Tigard, OR 97224 Please call if you have any questions. , Ray Valone Community Development Department - attachments j1g/annexmer,2 ~ e • , • cZ- Name Final Order Number ~-=c y ~-b n ANNEXATION FOLLOW-UP PROCEDURE 1. Receive Final Order from Boundary Commission. Date 7 2. Request census. If less than 200 homes City Recorder must pertorm. (Put in work order for Office Aide assistance) If more than 200 homes, Portland State performs: Date PSU Center For Population Research 464-3947 • Individual census form to be filled out for each address when interviewing residents at their homes. . If annexation area comes in close to end of the quarter (March 31, June 30, September 30, December 31) get census certified to Portland State approximately one week prior to these dates to allow state-shared revenue to be received for the next full quarter. . If census to be done through PSU, call and schedule census to be completed as soon as possible. Negotiate contract and get necessary signatures. Check with Recorder for any Local Contract Review Board involvement requirements. 3. Make.25"copies of Final Order. ~ =o 4. Prepare department distribution of Final Order w/map. Chief of Police - Ron Goodpaster Engineering - Planning - Ray Valone Accounting - Amanda Bewersdorff Building Official - David Scott Librarian - Kathy Davis Community Development - Nels Mickaelson City Recorder - Cathy Wheatley Water - Randy Volk Send memorandum to department distribution, listing names and addresses of all citizens in the newly annexed area. Effective date from Boundary Commission should be included - '~i in memo. Date `7 ~ f , . ~ • 5. Not'Y a9encies of annexation (see list attached). Letters must ~ be sent by certified mail to: General Telephone Co.; Paciiic NW Beli Telephone; NW Natural Gas; Unified Sewerage Agency; MACC; Portland General Electric; Tualatin Valley Water District; Pride Disposal; Miller's Sanitary Service, Inc.; Schmidt's Sanitary Service. Only send letter to OLCC if a liquor license outlet is involved. Date 6. Send Mayor's welcome letter to newly annexed citizens at each address (include New Citizen Packet with letter). (Also check with City Recorder if annexation 90 days before primary or general election on even years or 34 days prior to any special election date.) Date 7. If the area being annexed has a hotel or motel, notify Washington County for receipt of Transit Room Tax. Date 8. If there are businesses in the newly annexed area notify Business ' Tax Coordinator for the City. Date ~ 9. City Recorder has a file folder titled "TRUE CASH VALUE." This ✓ file is to be kept up-to-date with annexation statistics at all times! Date 10. Complete and mail Portland State Questionnaire, when received. Include cover letter, completed questionnaire and individual census forms to: (Retain copy for our files) Annexations Center for Population Research & Census Portland State University P.O. Box 751 Portland, OR 97207 Date 11. Place annexation file folder in Central Files. Place all material in date order. Type label to reflect annexation name, Boundary Commission Order number along with location description. Date ~ Z z - `l 5 h: \log i n ~ o\an nexpro.l Revised 03/95 ~ • I MEMORANDUM CITY OF TIGARD, OREGON TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley, Randy Wooley, Randy Volk, David Scoit, Kathy Davis FROM: Ray Valone fZ/ DATE: July 5, 1995 SUBJECT: Final Order on Annexation 3476 (Fudge/Eberfing) ZCA 95-0002 Aitached is the final order on Annexation 3476 (Fudge/Eberting), effective June 1, 1995. Census information is as follows: Final Order 3476: Owners: Brad & Kitty Fudge 2S 110BA-00200, 1 SF dwelling 14235 SW 115th Ave. Est. population - 2 Tigard, OR 97224 Marvin & Helen Eberting 2S1106A-00300, 1 SF dwelling 14040 SW 117th Ave. Est. population - 2 Tigard, OR 97224 Other parcels annexed with this proposal: • Linda Quandt 2S110BA-00100, 1 SF dwelling 14165 SW 115th Ave. Est. population - 2 Tigard, OR 97224 • no address 2S110BA-00500, Vacant • 11740 SW Gaarde St. 2S1 IOBA-01500, 1 SF dwelling Tigard, OR 97224 Population unknown • no address 2S110BA-0 1800, Vacant • John & Mary Olsen 2S1106A-0 1900, 1 SF dwelling 11760 SW Gaarde St Population unknown Tigard, OR 97224 h: \ login\ jerree\ annexmem Z 076 149 788 Z 076 149 789 Z.076 149 792 Receipg for Receipt for Receopt foP ~ Gertified NlaH ~ Certified Mail Gerti#ied Mai0 a~ No Insurance Coverage Provided No Insurance Coverage Provided IVo Insurance Coverage Provided UWTFDSTATES Do not use for International Mail ~ VOSTLLSEYVICE IIwTED5T1TE5 Do not use for International Mail VMTFD~STAhS Do not use for International Mail (See Reverse) ~T°SE'""` ISee Reverse) ISee Reverse) arat '1O Sent:t ~ -S nrt eMl e (fRk0ht . r~ ' c I(e ~ i Sevvi St~eq~a No. ~ t.and.NO. I ~ Streand J~lq.,_ Z ~ ~ P. State an~ZIP ode P., S te a tl ZIP Code P.O., te and ZIP C de 1I l,f 5- EV c~eot,U Y101Z 1701- Postage Postage $`j✓ l J Q Postage 5 1 s~ ~ Certilied Fee (Q Certified Fee Certified Fee ~ Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee ~ Return Receipt Showing (0 ~ Return Receipt Showing Retum Receipt Showing 1 117 Of to Whom & Date Delivered p) to Whom & Date Delivered I~ ~ to Whom & Date Delivered Z Retum Receipt S t ReWrn Receipt ShowinqAlo. WFSDm, ~ ~ L Rewm Receipt Showing.to Whom, L Date, and Addr se~s 2 Date, and Addre ~'s ddFeiS',' ~ ~ ~ , ~ Date, and Addresseb's Aqtlrass°,~ TOTAL ~ ees Posta '~j~- . 2 TOTAL Postagcr a TOTAL PostagA'' • ~ ~ <re ~ & Fees & Fees y ~ Postmark o~'~t ~ Postmark or ~at ~ Postmark or Date ~ ~ ' s E o ~ LL u! 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I eISO wish t0 receive the (2 • Print your name and address on the reverse of this form so that we can fee) : ~ Complete items 3, and 4a & b. fOllOwing SerViCOS (f0► an extra V I~ retum this card to you. prnt your name and address on the reverse of this form so that we can m• Attach this form to the front of the mailpiece, or on the back if s fee1: p:ce 1. ❑ Addressee's Address 0 m return this card to y ' You• m ~(D does not permit. m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee'S AddfBSS N , t • Write "Return Receipt Requested" on the mailpiece below the article number. a ~ daes not permit. • The Return Receipt will show to whom the article was delivered and the date 2• ~ Restricted Delivery m C delivered. s• 7he Re uen Reeecgipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery a o Consult postmaster for fee. 0 ' p~will show to whom the article was delivered and the date ~m m 3. Article Addressed to: 4a. Article Number ~ o ~ C deuvered. Consult ostmaster for fee. 1~'~ ~ ~ /~'-7 1 JJ. ~ ~ ~ 3. Article Addressed to: 4a. Article Number a Z ~ ~1 l~ / U! b- L -7 r/ ~ -y~ TUCL E ~O ~V 1 °~1 ~ 4b. Service Type ~ ° N ~~r ~~Cl~~Q,~ v~ 1..) . ~LIJ ~ ~ ('l~ ~ ~ ❑ Registered ❑ Insured a 4b. Service T e ~ c~ v y~ r J 0 c"`~b~UV~~ ❑ RegisteredYp ❑ Insured ~ ertified ❑ COD c 0 w ~'e • ❑ l/t e d C e d ❑ C D ~ ~ ❑ Express Mail ❑ Return Receipt for ~ y ~ Certifi p • ` Merchandise o ~ ~j~-~ ~ ❑ Express Mail ❑ Return Receipt for ~ pQ / 7. Date of Deliver Merchandise ~ ~G . 0 A j 7~ 7. Date oLDel' `90 , o ~ Signat Addre ee) 8. Addressee's Address (Only if requested Y, Z F and fee is paid) pc 5. Signatu Addressee) I 8. Addressee's Address (Only if requested Y I and fee is paid) W I ~ 6. Signature (Agent) ~ ~ I)A o ~UJ r I 6. i natur A ent► H I y PS Form 3811, December 1991 irUS.GP0:189i-352•714 DOMESTIC RETURN RECEIPT I°>. ~ ~ y PS Form 3811, December 1991 *U.S.GP0:1993-352-714 DOMESTIC RETURN RECEIPT m SENDER: m y• Complete items 1 and/or 2 for additional services. I eISO wish t0 reCeive the i y Complete 1 and/or 2 for additional services. I eISO wish t0 receive thB y• Complete items 3, and 4a & b. fOIIOWing SBrviCeS (f0r an Extra m• Complete items 3, and 4a & b. fOllOwing ServiCeS (f0r an extra m Print your name and address on the reverse of this form so that we can fee): ~ I~• Print your name and address on the reverse of this form so that we can V ~ return this card to you. m return this card to you. fee~' ` ~ m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address (D > • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address y ~ does not permit. N ~ m m does not permit. ~ t • Write "Return Receipt Requested" on the mailpiece below the article number. 2 a~ m• Write "Return Recei t He uested" on the mail iece below the article number. a • The Return Receipt will show to whom the article was delivered and the date • ~ Restricted Delivery 'm ~ es. . The Return Receipt will show to whom the artcle was delivered and the date 2• ~ Restricted Delivery ~ e delivered. COnSUIt ostmaster for fee. I o p CD o delivered. Consult postmaster for ee. LL -a 3. Article Addressed to: , 4a. Article Numbe~ ~ 3. Article Addressed to: 4a. Article Number ~ a~C,~1v11~k'ts Z-0~(U ~~-'9 a' o ~~~'~~~k ~~C~7l~lOV1c Co- ~ Yi4~ Z0~~0 ~Ll ~ I EcS" 4b. Service Type m~ a j~~ 4b. Service TYpe m ' o ❑ Re istered ❑ Insured E aax ~~C3 C-TY, ~ 0` ~ ~ 9 p , ❑ Registered ❑ Insure:: ~ ~Certified ❑ COD ~j,.~1/el~~''~"+ U~ y 6 ~ X-Certified Q COD y W ❑ Express Mail ❑ Return Receipt for 3~ ❑ Express Mail ❑ Return Receipi for z ~ Merchandise CC Merchandise . 7. Date f De 'very Q 7. Date f Delivery 0 o, , a 3 E- ~ 5. Signatur (Ad ressee) 8. Addr sse s Address (Only if requested y' ~6. Sig e ee) 8. Ad esse s Address (OnIy if requested Y an d fee is pai d) c ! and fee is paid) ~ 4~ a tdyT ~ 6. Signature (Agent) ~ Signa re (Agent 7 y PS Form 3811, December 1991 *us. GPO: lee3--ss2a14 DOMESTIC RETURN RECEIPT ~ y PS Form 3811, December 1991 irus. GPO: 1ee3-352a+4 DOMESTIC RETURN RECEIPT I ti h N i also wish to receive the ~ SENDER: I also wish to receive the m:o SENDER: • ComPlete items 1 and/or 2 for additional services. • Com lete items 1 and/or 2 for additior.n! services. m- Complete items 3, and 4a & b. f0{IOWIng S6fvICeS Ifor an extra m y C; p mp:ete items 3, and 4a & b. fOIIOWIn9 SefVICCS (fOT an eXtfB m V • fee): y• Pnnt your name and address on the reverse of this form so that we can fee): ~ W • Print your name and address on the reverse of this form so that we can v ~ return th+s card to you. m m return this card to you. ~ m • Attach tfiis form to the front of the mailpiece, or an the back if space 1. ❑ Addressee'S Addf2SS y • Attach this form to the front of the mailPece, or on the back if space 1. ❑ Addressee'S Addf6SS y ~ ~ does not permit. « does not permit. Q • Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ R2StriCtBd D61iv@ry a Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ RBStriCt2d Dei;V2ry The Return Receipt will show to whom the article was delivered and the date V The Return Receipt will show to whom the article was delivered and the date ~ v ~ Consult postmaster for .ee. ~ o deiivered. Consult postmaster for fee. o deiivered. 3. Article Addressed to: 4a. Article Numb r ~ 4a. Article Num6er 3. Article Addressed to: ~ O I ~ ~ ~ ~ ~ c m a~ m Sc,~So..~~ ti'~'~ 6~ CG Z ~ a ~ 4b. Service Type a 4b. Service Type m E Nw ~ 1 o o ~ ~ I o ❑ R e gistere d ❑ Insure d ~ o ❑ Re9i stered ❑ Insured ~ E 0 1nlTG-ti5o -~Certified ❑ COD y~ ytZ` )~;&ertified ❑ COD y W ❑ Express Mai l ❑ R e t u r n R e c e i p t f o r ❑ E x p r e s s M a i l ❑ Return Recei pt for z t ~ Merchandise ~ \CX Merchandise o Q 7. Date f D livery ~ I p 7. Date o• Deli ry G Z Q s ~ Q T Z 5. Si nature (Addressee) 8. ddr see's Address (Only if requested x i Z 58. Add esse s ddress (Oniy if requested ~ ~ 9 ~ and ee is paid) ~ Signature (Addressee) and fee is paid) ~ eo ~ L wm 6. Signature (Agent) ~ 6. Signat e Agen y PS Form 3811, December 1991 aus.GPO:teea-3sz-»a DOMESTIC RETURN RECEIPT pS Form 3811, December 1991 irU.S.GP0:1893-352-714 DOMESTIC RETURN RECEIPT I - - - In. - i SENDER: SENDER: G • I eISO WiSh to receive thB M . y Complete items 1 and/or 2 for additiona) services. y ComPtete items 1 andlor 2 for additional services. I 8150 wiSh t0 receive the , m• Complete items 3, and 4a & b. fOllOwing SOrviC2S (f0r an extra V y• Complete items 3, and 4a & b. fOllOwing SBrviC2S (f0r 8n 2xtfe V • Print our name and address on the reverse of this form so that we can Print your name and address on the reverse of this form so that we can ~ v fee): > fee): ~ return this card to you. 0 ~ return this card to you. m m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address y m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address y does not permit. r,, m does not pe~mit. t• Write "Return Receipi Requested" on the mailpiece befow the anicte number. 2, ❑ Restricted Delivery a t• Write "Return Receipt Requested" on the mailpiece below the anicle number. 2• ❑ Restricted Delivery •a The Return Receipt will show to whom the article was delivered and the date • The Return Receipt will show to whom the article was delivered and the date m o deiivered. Consult postmaster for fee. ~ 0 de!;vered. Consult postmaster for fee. ~ ~v 3. Article Addressed to: 4a. Arti e Numb r e ~ 3. Article Addressed to: 4a. Article Number ~ m ~.,~~o( S e )n D I °l 5 = m i t l ~~r' S Se~ + ~'tf Se~~'~ ~e 7- ( Ll ~ ct Z c I a ~~~u~~ ~ , 0 . ' 4b. Service Type ~ ~ 4b. Service Type ~ ' ~ ❑ Registered ❑ Insured 0 t ~ ❑ Registered ❑ Insured ~.15c) V'~S~ Fl v c) U~, ~~G~ -rj uZl`7 0~ y ~Certified ❑ COD .5 N~rlcertified ❑ COD y ❑ Express Mai1 ❑ Retum Receipt for ~ „-,~,y` ❑ Express Mail ❑ Return Receipt for . Me handise Merchandise o Q 7. Date of Defivery 7. Date of Delivery ; Q ~S z 5. Signature (Addressee) 8. A dressee's Address (Only if requested Y~ 5 ture (Addre ee) S. Ad~ ee's Address (Only if requested Y ~ and fee is paid) = F ~ an is paidl = u~i 6. Sig 6. Signature (Agent) ~ p~ ~ ~ - y PS Form 3811, December 1991 au.s. GPO: 1ee3-3sxa14 DOMESTIC RETURN RECEIPT >1 PS Form 3811, December 1991 ous. GPO: 1ee3-Ma14 DOMESTIC RETURN RECEIPT I m SENDER: V *y- Complete items 1 and/or 2 for additional services. I also wish to receive the m- Complete items 3, and 4a & b. follOWing services (for an extra wo Print your name and address on the reverse of this form so that we can fee): m return this card to you. m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee'S AddrBSS 4)j does not permit. t• Write "Return Receipt Requested" on the mailpiece below the article number. 2 0 ReSt►iCtBd D@IiVBfy a The Return Receipt wiit show to whom the article was deiivered and the date V ~ delivered. Consult ostmaster for fee. ~ -a 3. Article Addressed to: 4tArticle Number ~ D ~ m l 1~1~~ p1•S S-eX Ul Cf v iC~ ~ a 4b. Service Type ~ ~ ~G P~~ ❑ Registered ❑ Insured ~ Certified ❑ COD 5 W w~ad i I~~ ❑ Express Maii Q A&tum Receipt far ~ ~ . Merchandise o 3 ~ 7. Date otDelivery ~ z 5. ture (Address40-1 8. AddrBssee's~d ess (Onfy if requested C and f~~e is p . ~ ~ S~~1/i~ d 11. ,~•o r ul 6. ' nature (A nt) ~ y PS Form 3811, December 1991 tru.s.GPO:tiea3--35xa1a DOMESTIC RE7URN RECEIPT M " SENDER: V I also wish to receive the y Complete items 1 and/or 2 for additional services. m• Complete items 3, and aa & b, following services (for an extra ID Print your name and address on the reverse of this form so that we can fee): > m return this card to you. ~ m• Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address y 'does not permit. t• Write "Return Receipt Requested" on the mailpiece below the article number. 2 El ReStfiCt6d DeliV2ly • The Return Receipt wilf show to whom the article was delivered and the date o detivered. Consult postmaster for fee. (D m 3. Article Addressed to: 4a, Articie Numb r c mN~! ge ( I T'et~c~teC~ 0-7Co 1L4 -7q I ~ ~ 4b. Service Type ~ o q ❑ Registered ❑ Insured v w N 4,~• ti ~ ' ~A ~ Td~04 OCertified ❑ COD ~ yU ❑ Express Mail ❑ Return Receipt far ~ ~ Merchandise O ~ 7. Date of Delivery W- a ~j > ~ 5. Si nature IAddressee! S. Addressee's Address (Only if reques:~~ ~ ~ and fee is paid) q F- r ~ 6. Signature (Ag nt) ~ ~ ~ ~ PS Form 3811, December 1991 stU.S.GP0;1993--3Si2-714 DOMESTIC RETURN RECEIPT ,_r . • PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO: 3476 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3476 commenced upon receipt by the Boundary Commission of a resolution and property owner/registered voter consents from the City on April 28, 1995, requesting that certain property be annexed to the City. The resolution and consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on June ' 1, 1995. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: "(a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "(c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Community service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather than several govern Final Order - Pa9e 1 f 1995 r ~ ..,.:cJ ....o,.------------------~-'- in most cases better able to assess the financial resources and therefore is the best mechanism for establishing community service priorities. "(2) It is the intent of the Legislative Assembly that each boundary commission establish policies and exercise its powers under this chapter in order to create a governmental structure that promotes efficiency and economy in providing the widest range of necessary services in a manner that encourages and provides planned, well- ordered and efficient development patterns. "(3) The purposes of ORS 199.410 to 199.534 are to: "(a) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies; "(b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government; "(c) Provide an impartial forum for the resolution of local government jurisdictional , questions; "(d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary determinations the commission shall first consider the acknowledged comprehensive plan for consistency of its action. Only when the acknowledged local ' comprehensive plan provides inadequate policy direction shall the commission consider the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and "(e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies.' "199.462 Standards for review of changes; territory which may not be included in certain changes. (1) In order to carry out the purposes described by ORS 199.410 when reviewing a petition for a boundary change or application under ORS 199.464, a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 and the goals adopted under ORS 197.225." "(2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory: "(a) Territory within a city may not be included within or annexed to a district without the consent of the city council;' "(b) Territory within a city may not be included within or annexed to another city; and Final Order - Page 2 I . • ~ "(c) Territory within a district may not be included within or annexed to another district subject to the same principal Act." The Commission also considered its policies adopted under Administrative Procedures Act (specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and decisions and past direct and indirect instructions of the State Legislature in arriving at its decision. FINDINGS ' (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved Boundary Change Proposal No. 3476 as modified on June 1, 1995. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSIONFDATE: BY: hair ATTEST: Final Order - Page 3 ~ . , ~ , Exhibit A Proposal No. 3476 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed contains 5.5 acres, 2 single family dwellings, an estimated population of 4, and is evaluated at $211,020. 2. The owners are requesting annexation in order to receive additional police protection and for sewer service. There are no development proposals at this time, but the owner of Tax Lot 200 has tentative plans to develop his property within one-to-two years. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. 4. The territory is currently part of an area generally referred to as the "Walnut Island." The proposal as submitted to the Boundary Commission creates yet another island of Tax Lot 100. The original proposal (as submitted by City of Tigard planning staff to the City Council) included Tax Lot 100, as explained in the staff report: "The applicants, owners of three of the four parcels, have requested that the 5.68-acre site be annexed to the city by means of the double majority method. Representing the owners of more than half the land (97%) and a majority of the registered electors (67%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The fourth property, parcel A(Tax Lot 1001 has been included in the annexation proposal without the owner's consent because of its location. It is surrounded by, and depends upon parcel B[Tax Lot 2001 for its access. Efficient delivery of facilities and services is the primary reason for its inclusion. City staff prefer to have parcel A[Tax Lot 1001 be part of the annexation proposal. The Police Department, in particular, wants the parcel to be included with the annexation because of the confusion involved during police response if it is left out." At the April 25, 1995, meeting of the Tigard City Council, the owner of Tax Lot 100 (Ms. Linda Quandt) appeared before the Council and asked that she not be included in the proposal. The Council then modified the proposal to exclude this property. Ms. Quandt also wrote a letter to the City, requesting that she be exempted from the annexation proposal. Further testimony was given during the City Council meeting. Ms. Quandt indicates that her concerns are not primarily paying City taxes but rather that she is being treated differently from others. She feels that other non-consenting properties would make more likely candidates for inclusion as non-consenting properties in double-majority annexations. The discussion of this proposal at the City Council meeting indicates that part of the reason for deleting this parcel from the proposal was fear of Boundary Commission disapproval. Final Order - Page 4 . • , • • Exhibit A Proposal No. 3476 Also evident in the discussion was some lack of understanding about the difference between the double-majority annexation process and the island annexation process. Finally, the Council appeared not to be 100% in agreement about the meaning of the resolution they recently passed rescinding their intention to pursue annexation of the Walnut Street area by the island annexation method. ' The resolution itself makes it fairly clear that the City's intention is to abandon the island annexation method. Nothing therein says the City will not employ the double-majority method of annexation, nor does any language appear to prohibit inclusion of a minority of non-consenting property owners in a double-majority proposal as the method allows for. Conversation between the Boundary Commission chair and staff director and the City's Mayor and Manager confirm this conclusion. 5. The northern half of the site slopes downward from northwest to southeast at a 10% grade. The southern part slopes southwest to northeast at a 13% grade. These slopes form a swale running west to east that bisects the site. Approximately two-thirds of Tax Lot 200 is a Christmas tree farm. Land use on surrounding parcels consists of single-family residences to the east, south, and west; and St. Anthony's Cemetery to the north. The territory is contiguous to the City on the north and south. 6. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 7. The territory is located within the County's West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in ' order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 8. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. Final Order - Page 5 . • . • . • Exhibit A Proposal No. 3476 9. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. 10. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. The City of Tigard has planned to rezone the territory to R-4.5 upon annexation. 11. There is an 8-inch sewer located along the south property line of Tax Lot 200, which can easily serve the Fudge residence. However, in order to sewer the entire property (in the event that it is developed), the 8-inch line located in SW 1 14th Avenue, approximately 350' east of the site, is the best suited to serve the territory due to its topography. There is another 8-inch line located in Gaarde Street, which ends at 1 18th Court, to the west of the properties. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construc- tion and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City-County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs ~ than USA charges and keep the difference to offset City costs. Final Order - Page 6 • • ' Exhibit A I Proposal No. 3476 As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month plus a consumption charge of $1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA in the adjacent unincorporated area. USA assesses a property tax which goes toward payment of bonds sold to construct district- wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 12. The site can be served by a 12-inch water line located adjacent to the property in SW Gaarde Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agree- ment/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in this area include a $635 system development charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total installation charge of $1,170 for a standard 5/8" or 3/4" meter. The bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 13. Upon annexation to the City, the territory will be automatically withdrawn from the Washing- ton County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand Final Order - Page 7 + • ~ Exhibit A Proposal No. 3476 property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergen- cy response in Tigard is under five minutes. The City Police Department specifically responded to this proposat. They believe it does not make sense to leave out a single property completely surrounded by another parcel within the City. In effect, the surrounded parcel will be getting service by the City by virtue of the Department's responsibility to serve the surrounding parcel. In any emergency, response to that piece would likely come from the City since it is likely to have the closest unit. 14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 15. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 425 feet of frontage along SW Gaarde Street, which is classified as a major collector. This street is already within the City. 16. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 17. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the subject territory will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and mainte- nance costs. 18. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: A. Cook Park, 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the park. Improvements to the Finaf Order - Page 8 1 ,h e ....o. . . . . . ~ JUL 19 1995 Exhibit A ' Proposal No. 3476 . u~ ~ park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and I = natural areas and trails. I B. Summerlake Park, 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 li tennis courts. I I C. Woodard Park, 26 acres. It has play equipment and paths. D. Fanno Creek Park, 20 acres. It has a large field, play equipment, paths, and basketball and volley ball facilities. I E. Englewood Park, 15 acres. It has fields, play equipment and paths. F. Jack Park, 5.62 acres. It has play equipment, a shelter, paths, a basketball court and a ~ volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest ~ summer camps for kids. The city also provides year round classes such as crafts and painting classes for adults. 19. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non- profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. 20. The site drains naturally into a swale that cuts across the center of Tax Lot 200. There is a storm drain culvert located along SW 1 14th Avenue, approximately 300' east of the site. The City also maintains a drainage pond on Tax Lot 3400, directly to the south of Tax Lot 200. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. 21. The Boundary Commission staff received a request from John W. Olsen to include his properties (Tax Lots 1500, 1800, and 1900; S 1 106A) in the annexation. The modification contains 4.02 acres, 2 single family residences, an estimated population of two (two resident owners/registered voters, one absentee registered voter) and an assessed value of $314,140. Services can be made available to these properties in a similar manner to the original proposal. Sewer service for the northern portion of this area could be supplied from the line Final Order - Page 9 . I.' . ~ ~ Exhibit A Proposal No. 3476 at 1 18th and Gaarde and the southern portions can be served from the line on the south edge of the area to be annexed. The staff also recommends that this proposal be modified to include Tax Lot 100, S 1 10 BA, as originally recommended by City of Tigard staff, and as originally submitted to the Tigard City Council as part of the double-majority annexation proposal. The proposed modification contains 0.18 acres, one single family residence, an estimated population of 1(the owner and registered voter, plus an additional absentee registered voter) and is evaluated at $82,220. The modification would provide for the efficient delivery of services, and be in conformance with the stated policies of the Tigard Comprehensive Plan. ' With regard to Tax Lot 100 the original proposal, as modified by the City Council appears to contradict Tigard Comprehensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than elrminates "an existing 'pocket' or 'island' of unincorporated territory". The current proposal, as modified by the C.ity Council, also appears to contradict Tigard Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does "create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city." The City recently rescinded its policy of using the island annexation method to annex properties to the City. However, the double-majority annexation method remains an available and appropriate method of annexation to achieve logical City boundaries and conform to the policies set forth in the Tigard Comprehensive Plan. REASONS FOR DECISION Based on the Findings the Commission determined: 1. The proposal should be modified to include Tax Lots 100, 1500, 1800, and 1900, S 1 10BA. The property owner of Tax Lot 100 opposes inclusion of her property in the annexation. She argues three issues: 1) that the location of her home well off a well traveled street regularly patrolled by City law enforcement lessens the need for obligation to pay for additional police , protection; 2) that other properties in the vicinity make better candidates for inclusion as non- ' consenting properties in double-majority annexations; 3) that she thinks this is violating the City's commitment not to force any properties within the Walnut Street island to annex to the City. With regard to the first point the Commission acknowledges that every property owner has a slightly different relative need for (and feels a different obligation to pay for) urban services. The criteria the Commission must consider (ORS 199.410(3)(b)) is whether the quantity and quality of service is "adequate." In this case the Commission judges the level of service offered by the City 0.3 officers per 1000 population) to be adequate. The Commission further notes that if the property were left out but completely surrounded by the City, for all Final Order - Page 10 I , • I' • ~ • ! Exhibit A Proposal No. 3476 intents and purposes the property would be getting benefit of that adequate service without paying for it, a fact which is to some degree true even before approval of this annexation. , The second argument by the property owner is also not directly related to criteria to be , considered by the Commission. The Commission is to look at adequacy of services, , governmental structure, land use implications, etc. and make findings on how those criteria relate to the proposal at hand. Other properties could have been proposed to be included in this proposal as non-consenting owners (within the confines of the double majority law of course) but they were not. Again the question for the Commission is: Does his annexation, including this tax lot meet the criteria of adequate services, compliance with land use plans, etc? The Commission finds that it does. The Commission has examined the City's Resolution 95-15, the minutes of its meeting on this annexation proposal and has spoken with representatives of the City. The Commission concludes from this analysis that the City has decided not to employee the "island" annex- ation method (ORS 199.490(5))(a) and 222.750) in the Walnut Street island area. That method allows the City to initiate annexation of areas surrounded by the City without the necessity of obtaining any consents from property owners/voters and to annex the territory and without an election if the Boundary Commission approves the proposal. However our analysis reveals no indication that the City intends to annex onlv consenting properties in the Walnut Street Island or that the City has decided not to utilize the "double majority" method of annexation. The double majority method does allow annexation proposals to include non- consenting property owners and registered voters as long as a majority (more than 50%) of registered voters and property owners representing a majority of the land area do sign a petition. The modification would provide for the efficient delivery of services, and be in conformance with the stated policies of the Tigard Comprehensive Plan. The current proposal, as modified by the City Council appears to contradict Tigard Compre- hensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than eliminates "an existing 'pocket' or 'island' of unincorporated territory". The current proposal, as modified by the City Council, also contradicts Tigard Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does "create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city." 2. The proposal is consistent with City, County, and Regional planning for the area. The Commission has examined the County Comprehensive Plan, the County's West Tigard Community Plan, the City-County Urban Planning Area Agreement and the City's Comprehen- sive Plan. The Commission found nothing in those documents with which this annexation proposal was inconsistent and therefore concludes the action to be consistent with local comprehensive plans as required by ORS 199.410(3)(d). Final Order - Page 11 . ' . ' • • Exhibit A Proposal No. 3476 3. The Commission finds that subsequent to annexation an adequate quantity and quality of public services will be available to the area. As noted in Findings 11 through 19 adequate services are available to accommodate existing and future development of the area. 4. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). 5. ORS 199.410(1)(e) emphasizes single agency service delivery over delivery of services by a multitude of layered single service districts. This proposal is in accord with that principal. 6. The County's West Tigard Community Plan (quotation in Finding 7) and the City-County UPAA (Section A defining "Active Planning Area") anticipate annexation of this area and all the rest of the Walnut Street island area to the City. This annexation is a part of that continuing process. 7. The annexation is in accord with ORS 199.410(3)(e) because it reduces a fragmented approach to service delivery by taking the territory out of a number of single purpose units of government and placing it in a multi-purpose unit. As a result of this annexation this territory will ultimately be removed from the Tigard Water District, the Washington County Service District for Enhanced Sheriff's Patrol, the Washington County Urban Road Mainte- nance District, the Washington County Vector Control District and the Washington County Service District No. 1 for Street Lights. Final Order - Page 12 ~ ` • • Exhibit B Proposal No. 3476 LEGAL DESCRIPTION ANNEXATION TO City of Tigard Parcel 1 : A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at a point S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00 feet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 89° 41' 00" W, along the north line of said Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the washington County Deed Records; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' 00" w, along the south line of said Fee Number, a distance oz. 131.75 feet to the East right-or-way of a private road and the southwest corner of said Fee Number; thence N 000 26100"E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the washington County Deed Records; thence N 89° 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way of a private road and a point on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 241 39' 36", and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 00° 26' 00" E, along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 890 41' 00" E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 001 00' 00" W Modified 6/1 /95 Final Order - Page 13 , . " ~ • Exhibit B Proposal No. 3476 a distance of 9.9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 89° 41' 00" E, along said right-of-way, a distancz of 236.5 feet to the point of beginning. Parcel 2: A tract of land in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at a point on the north line of said Section, which bears South 89139' West 990 feet from the quarter section corner on said north line, said point being the northeast corner of that tract of land conveyed to Katherine Kilgore Gunther, by deed recorded in Book 175, Page 89, Washington County Deed Records, and the northwest corner of that tract of land conveyed to Violette F. Howard, by deed recorded in Book 403, Page 297, Washington County Deed Records; thence South 0°44' West, along the east line of said Gunther tract 20 feet to the south right-of-way line of SW Gaarde Street and the True Point of Beginning; thence continuing South 0044' West along said east line 640 feet to the southeast corner thereof and the southwest corner of said Howard tract, said point being on the north line of the subdivision plat of SHADOW HILLS; thence East along the south line of said Howard tract, 198 feet to the southeast corner thereof; thence continuing along said north line, plat of SHADOW HILLS, North 89°41' East 132 feet to a point; thence North 0026' East a distance of 640 feet to said south line SW Gaarde Street; thence South 89041' West along said right-of-way line, 132 feet; thence South 0026' West a distance of 230 feet to a point, said point being the southwest corner of that tract of land conveyed to Richard Leroy Furman, et ux, by deed recorded in Book 866, Page 658, Washington County Deed Records; thence West along the south line of said Furman tract, 158 feet and the southeast corner thereof; thence North 0044' East, 230 feet to said south right-of-way line, SW Gaarde Street; thence West along said line, 40 feet to the Point of Beginning Modified 6/1 /95 Final Order - Page 14 . . ' • ~ PROPOSAL ■ 3476 NE1 /4 NW 1/4 SECTION 10 T2S R 1 W W.M. 2S 1 10BA Washington County ~ Scale: 1 " = 250' _ . st[ wu s[[ wu 23 I]CC Alt • 100~ =S I)CO T , GAARDE T -r T T STREET ~ ' Y: ~:•r ~ }i~ » . . ~ i: : N~.:•: . I 2000 iaoa :~ieoo.::::~ 1400 noo eoo :ioo: :•:°°':::..:r....• ~ uuc i .a.¢. :Sii~c •.)~.c ..a~a Jr¢ •J)~..•••• • ~ I • I _ ~ ~ . \+I . ~ ,''i,+•. ~ X. _ _ _ _ , ~ , ' \ .o ' ...c. r •k~~ -.,AREA TO 8E"~•'.••'.r 1:oo .oo ANNEXED + :d..~' ~ jr ' . \ , .y~f , a. \ :E Meo _ . Parcel 1 ; I ,oaa =1ao i ~ soa~.:••:• . , ,f..~. ,900 123-... ,~oo ~ , ~:;tdi.c ; ~?i;;,~•. ; : i: ioo i • • r.:;~' % Parcel 2 1000 , 600 ' '•.JlIC. _ .JJ~G 2200 2500 ~ f(AC 900 , '00 • \ ~ .JJic. _ C. . ~ • • \ \ ' ~ .:.:7 :•::.:•::.1,• • . • •:v: C•: .;i; ..ri... ~,e ' ~n . . ~ui ra.r 6zoo • OOre ~ 6000 3900 ~70 ' 4200 100 ~000 3900:i• 700 38 3300 7400 <S TRatT'C~ . 4 22 24 6~00 43 'Z 4 ~03 2s 6 ' SBOO ~ 29 ]0 D J w .e ' ~o . ' ' ~ . rL.pUD ' ~.41tFARLAND, y• C 31 /1100 1~ ' . 'Q♦aoi .~oo e ~ ,1 ~,.oo 4eaa eoo ~:oo 7' ti .e 76 00 ~ - „ ,s 72 = . b ~,3oo", TIGARD- 9 • t •'0' 710C;~~: 801 5700•• 5500 •r,• , ~ J7 7001.1 1•,• 7100 , 6600 Se ' 8` • 16 ~ s600 Io • 3.00 m ~ n: 3~ S ! 7 1 f { 4002 D ••ta00 M ) ~ H woo~ v ' " ' ~ ~ eioo ~ S.W. ' - u ~ ~ Wl~~~ , ~ • r»oo = , seoo 6^y ° iooo ~~p zwo , scc M.v y=p IY 1 IOBD , .r : i 12 39 WAq 'CTQN CQU:. ~ 51 S2 5I00 F CIARTM[.'RO/ [AW8'fLtl7l11AT' 13 (lO,7M,7. 2, DO NGC~1TISfRI~ 4 U .t 0 FOII AiSCf14[Nf a/C ~ 40 Olr'f.00N LL1C SE[ N" . FOfIC 111tse YS 1 q!C STREET i.• .cc M~r IGARC xs i 1000 2$ i PROPOSAL N0. 3476 /yaeW CI7Y OF TIGARD ANNEXATION ~ ll lfJ'r' FIGURE 2 , ANNEXATION DESCRIPTION for TAX LOT 1500 2S1 lOBA A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at Northeast corner of the Northwest one-Quarter of ' Section 10 Township 2 South, Range 1 West; thence S 891 41' 00" W along the north line of said Section 10, a distance of 660 feet; thence S 000 26' 00" W a distance of 20.00 feet to the south right-of-way of S.W. Gaarde Street and the true point of beqinning; thence S 000 26' 00" W, 640.00 feet to the north line of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 890 41' 00" w, along the north line of said Subdivision, a distance of 132.00 feet; thence N 000 26' 00" E a distance of 640.00 feet to the south right-of-way of S.W. Gaarde Street; thence N 890 41' 00" E, along said right-of-way, a distance of 132.00 feet and the true. point of beginning. JOHNRH\1500-10.ANX r. , June 1, 1995 Hearing PROPOSAL NO. 3476 - CITY OF TIGARD - Annexation Petitioner: City of Tigard; Kitty C. Higgins-Fudge; Bradley P. Fudge; Helen & Marvin Eberting 90th Day: July 27, 1995 Proposal No. 3476 was initiated by a resolution of the Tigard City Council and petitions of a majority of the registered voters and owners of a majority of the land area to be an- nexed. The resolution and petitions meet the requirement for initiation set forth in ORS 199.490(2)(a)(B), double-majority annexation. If the Commission approves the proposal, the boundary change would become effective on the date of approval subject to the provi- sions of ORS 199.519. . The territory to be annexed is located generally in the west part of the city, on the south edge of SW Gaarde Street, east of SW 117th Avenue, north of SW Cloud Court, west of SW 1 15th Avenue. The territory contains 5.5 acres, 2 single family dwellings, an estimated population of 4, and is evaluated at $211,020. REASON FOR ANNEXATION The staff report received from the City of Tigard states: "The owners are requesting annexation in order to receive additional police protection and for sewer service." There are no development proposals at this time, but the owner of Tax Lot 200 has tentative plans to develop his property within one-to-two years. BOUNDARY COMMISSION POLICIES The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. Proposal No. 3476 - Page 1 i . ISLAND The territory is currentiy part of an area generally referred to as the "Walnut Island." The proposal as submitted to the Boundary Commission creates yet another isiand of Tax Lot 100. The original proposal (as submitted by City of Tigard planning staff to the City ' Council) included Tax Lot 100, as explained in the City's staff report: "The applicants, owners of three of the four parcels, have requested that the 5.68-acre site be annexed to the city by means of the double majority method. Representing the owners of more than half the land (97%) and a majority of the registered electors (67%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The fourth property, parcel A[Tax Lot 1001 has been included in the annexation proposal without the owner's consent because of its location. It is surrounded by, and depends upon parcel B[Tax Lot 2001 for its access. Efficient delivery of facilities and services is the primary reason for its inclusion. City staff prefer to have parcel A(Tax Lot 1001be part of the annexation proposal. The Police Department, in particular, wants the parcel to be included with the annexation because of the confusion involved during police response if it is left out." [See Exhibit A for Vicinity Exhibit Map showing original proposal.] At the April 25, 1995, meeting of the Tigard City Council, the owner of Tax Lot 100 (Ms. Linda Quandt) appeared before the Council and asked that she not be included in the proposal. The Council then modified the proposal to exclude this property. Ms. Quandt also wrote a letter to the City, requesting that she be exempted from the annexation proposal (See Exhibit B). Further testimony was given during the City Council meeting (See Exhibit C for a transcript of the meeting). The discussion of this proposal at the City Council meeting indicates that part of the reason for deleting this parcel from the proposal was fear of Boundary Commission disapproval. Also evident in the discussion was some lack of understanding about the difference between the double-majority annexation process and the island annexation process. Finally, the Council appeared not to be 100% in agreement about the meaning of the resolution they recently passed rescinding their intention to pursue annexation of the Walnut Street area by the island annexation method. The resolution itself (see copy attached as Exhibit D) makes it fairly clear that the City's intention is to abandon the island annexation method. Nothing therein says the City will not employ the double-majority method of annexation, nor does any language appear to prohibit inclusion of a minority of non-consenting property owners in a double-majority proposal as the method allows for. Conversation between the Boundary Commission chair and staff director and the City's Mayor and Manager confirm this conclusion. LAND USE PLANNING - - Proposal No. 3476 - Page 2 ~ • i Site Characteristics. The northern half of the site slopes downward from northwest to southeast at a 10% grade. The southern part slopes southwest to northeast at a 13% grade. These slopes form a swale running west to east that bisects the site. Approxi- mately two-thirds of Tax Lot 200 is a Christmas tree farm. Land use on surrounding parcels consists of single-family residences to the east, south, and west; and St. Anthony's Cemetery to the north. The territory is contiguous to the City on the north and south. Rectional Plannin4. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washington Countv Plannina. The territory is located within the County's West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibili- ty for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. ,I Washington County has a single designation for planning and zoning. I Countv 2000. Washington County reviewed its role in service provision in its County 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. Urban Plannina Area Agreement. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: "A. Active Planning Area - "1. Definition Proposal No. 3476 - Page 3 ' "Active Planning Area means the incorporated area and certain unincorporat- ed areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to ihe greatest extent possible..... "2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. "3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Active Planning Area. "4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. "5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. "6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. "7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area." "IV, Amendments to the Urban Planninq Area Aqreement I B. Prior to the commencement of periodic review for the Citv of Ti4ard and the Countv's Urban Areas (April, 1989), the CITY and the COUNTY shall mutual- ly study the following topics: "1. The feasibility of expanding the "active planning area" to include the current "area of interest" and assigning land use planning responsibil- ity to the CITY. 2. The feasibility and cost-effectiveness of the CITY and the COUNTY contracting to provide building inspection and plan review services, administer development codes and collect related fees within the active planning area. Proposed revisions to this Agreement shall be considered by the CITY and the COUNTY as soon as analysis of the above topics is com- plete, subject to the time constraint and other requirements of the COUNTY's land use ordinance hearings and adoption process. Proposal No. 3476 - Page 4 i r C. The parties wilt jointly review this Agreement every two (2) years, or more frequently if mutually needed, to evaluate the effectiveness of the processes set forth herein and to make any necessary amendments. The review process shall commence two (2) years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve any inconsistencies that may have developed since the previous review. If, after completion of the 60 day review period inconsistencies still remain, either party may terminate this Agreement." Citv of Tiqard Plannin4. The City of Tigard has a"city limits" plan. The County's plan and I ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City shall require that: "a. Development coincide with the availability of adequate service capacity including: "1. Public water; 2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is ob- tained; and "3. Storm drainage. "b. The facilities are: "1. Capable of adequately servicing all intervening properties and the proposed development; and 2. Designed to city standards C. All new development utilities to be placed underground." According to the City, the Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. For the Boundary Commission's reference, the annexation policies of the City's Plan, Policies 10.1.1 and 10.1.2 are provided here: 10.1 Prior to the annexation of land to the City of Tigard: "a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the levet of services available to developed and undeveloped land within the City of Tigard. The services are: " 1. water; "2. sewer; Proposal No. 3476 - Page 5 ~ • 113. drainage; "4. streets; 5. police; and 6. fire protection. "b. If required by an adopted capital improvements program ordinance, the I applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: "1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: "a) water; "b1 sewer; "c) drainage; and "d) streets. "10.1.2 Approval of proposed annexations of land by the city shall be based on findings with respect to the following: "a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or "b. The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; C. The police department has commented upon the annexation; "d. The land is located within the Tigard urban planning area and is contiguous to the city boundary; "e. The annexation can be accommodated by the services listed in 10.1 .1(a). 10.1.3 Upon annexation of land into the city which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation." The City of Tigard has planned to rezone the territory to R-4.5 upon annexation. The City determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings below. "1. Plan Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT (Citizen Involvement Team) and surrounding property Proposal No. 3476 - Page 6 ~ • owners have been notified of the hearing and public notice of the hearing has been published. "2. Plan 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. 113. Plan 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 I within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property." The City determined that the proposal is consistent with the relevant portions of the Community Development Code based on the findings below: 111. 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 desig- nation of Low Density Residential. d. The determination that the affected property is a developing 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 meets the definition of and wilt be designated as a developing area." [It should be noted that the above quoted passages came from the City staff report submitted to the City Council at the time the proposal for annexation included Tax Lot 100.1 . FACILITIES AND SERVICES Sanitarv Sewer Service. There is an 8-inch sewer located along the south property line of Tax Lot 200, which can easily.serve the Fudge residence. However, in order to sewer the entire property (in the event that it is developed), the 8-inch line located in SW 1 14th Avenue, approximately 350' east of the site, is the best suited to serve the territory due to its topography. Proposal No. 3476 - Page 7 s 10 .I There is another 8-inch line located in Gaarde Street, which ends at 118th Court, to the west of the properties. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wet- lands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City- County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than USA charges and keep the difference to offset City costs. As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month olus a consumption charge of $ 1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA in the adjacent unincorporated area. USA assesses a property tax which goes toward payment of bonds sold to construct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. Water Service. The site can be served by a 12-inch water line located adjacent to the property in SW Gaarde Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. Proposal No. 3476 - Page 8 . ' ~ • i The term of the City/District agreement is until December 31, 2018. The City of Tigard , has established an Intergovernmental Water Board (IWB) consisting of five members: one ' from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agreement/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in this area include a $635 system development charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total installation charge of $1,170 for a standard 5/8" or 3/4" meter. The bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. Police Service. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the , current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. The City Police Department specifically responded to this proposal. They believe it does not make sense to leave out a single property completely surrounded by another parcel within the City. In effect, the surrounded parcel will be getting service by the City by virtue of the Department's responsibility to serve the surrounding parcel. In any emergen- cY, resPonse to that Piece would likelY come from the CitY since it is likely to have the closest unit. Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. Transportation. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from Proposal No. 3476 - Page 9 i ~ the District and the District's levy of $.3229 per $1000 assessed value wiil no longer apply to the property. The parcel has approximately 425 feet of frontage along SW Gaarde Street, which is classified as a major collector. This street is already within the City. , Vector Control. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. ~ Street Lights. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street , lighting services. The District uses local improvement districts to finance the service. , Upon annexation the subject territory will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. Parks. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: 1. Cook Park, 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the park. Improvements to the park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and natural areas and trails. 2. Summerlake Park, 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 tennis courts. 3. Woodard Park, 26 acres. It has play equipment and paths. 4. Fanno Creek Park, 20 acres. It has a large field, play equipment, paths, and . basketball and volley ball facilities. 5. Englewood Park, 15 acres. It has fields, play equipment and paths. 6. Jack Park, 5.62 acres. It has play equipment, a shelter, paths, a basketball court and a volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest Proposal No. 3476 - Page 10 I summer camps for kids. The city also provides year round classes such as crafts and I painting classes for adults. Libraries. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non-profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. Storm Drainaae. The site drains naturally into a swale that cuts across the center of Tax Lot 200. There is a storm drain culvert located along SW 1 14th Avenue, approximately 300' east of the site. The City also maintains a drainage pond on Tax Lot 3400, directly to the south of Tax Lot 200. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. Under City Plan policy 7.2.1 the City requires as a pre-condition to development that: a. A site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse off-site impacts; b. Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can solve on-site drainage problems and will ensure no adverse off-site impacts; c. All drainage can be handled on-site or there is an alternative solution which will not increase the off-site impact; e. Erosion control techniques be included as a part of the site development plan. PROPOSED MODIFICATION. The Boundary Commission staff is anticipating receipt of a request from John W. Olsen to include his properties (Tax Lots 1500, 1800, and 1900; 2S 1 106A) in the annexation. The modification contains 4.02 acres, 2 single family residences, an estimated population of two (two resident owners/registered voters, one absentee registered voter) and an assessed value of $314,140.- Proposal No. 3476 - Page 11 . s • RECOMMENDATION Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit E, the staff recommends that Proposal No. 3476 be modified to include Tax Lots 100, 1500, 1800 & 1900 and then approved. The staff recommends that this proposal be modified to include Tax Lot 100, 2S 1 10 BA, as originally recommended by City of Tigard staff, and as originally submitted to the Tigard City Council as part of the double-majority annexation proposal. The proposed modifica- tion contains 0.18 acres, one single family residence, an estimated population of 1(the owner and registered voter, plus an additional absentee registered voter) and is evaluated at $82,220. The modification would provide for the efficient delivery of services, and be in conformance with the stated policies of the Tigard Comprehensive Plan. The current proposal, as modified by the City Council, contradicts Tigard Comprehensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than eliminates "an existing 'pocket' or 'island' of unincorporated territory". The current proposal, as modified by the City Council, also contradicts Tigard Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does "create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city." The City recently rescinded its policy of using the island annexation method to annex properties to the City [See Exhibit D]. However, the double-majority annexation method remains an available and appropnate method of annexation to achieve logical CitY bound- aries and conform to the policies set forth in the Tigard Comprehensive Plan. It should be noted the owner of TL 100 also wrote a letter of opposition directly to the Boundary Commission reiterating and including the objections she expressed to the City. This latest letter is attached as Exhibit E. Proposal No. 3476 - Page 12 , Exhibit B Proposal No 3476 14165 SW 115 Avenue , r~gara, OR 97224 PORnqND METRO AREA April 13, 1995 BOUNneRY rnwilccION City of Tigard MAY .1 0JM Staff Planner Ray. Valone ~ Tigard City Hall ~ 13125 SW Hall Blvd. Tigard, OR 97223 REF: Fle ZCA 95-0002 / Tide: Fudge / Application for Annexation ' Dear Mr. Valone: I am writi.ng to protest the annexation into the City of Tigard of my property which is . surrounded by Brad and Kitty Fudge's property on l lSth Avenue. I do not share Mr. and Mrs. Fudge's desire for the police protection which living inside the city lim.its would afford them. If my home were located on a well-ti aveled street which was regularly patrolled by city law enforcement, I would not hesitate to contribute my fair share of tax for such service. In fact, I am not opposed to paying the city tax- that is not my essential argument against annexation. I wish the City to consider the fact that owners of neighboring properties, particularly Mr.and & Mrs. Lynn Hatch and others located on Gaarde Street have not requested annexation. I was also under the impression that the City was no longer -actively engaged in forced annexation of properties which lie within the Walnut Island. Actually, I thought it had become the position of the City NOT to annex properties unless requested to do so by property owners on a case-by-case basis. I am NOT requesting annexation, and am perplexed that the City would utilize its power of double-majority to include my property along with the requested annexation of Mr. - and Mrs. Fudge's property. If the City plans to exercise double-majority to annex properries within the Island, it would seem properties along Gaarde and 121st which a.iread~ benerit r'rom rbutuie iaw enrorcement protecaon wouid be more viable candidates for annexation than a small, semi-rural residence siruated off the beaten path. Please reconsider the proposed acrion. I am requesting that my property NOT be annexed at this time. I, Sincerely, . L Linda Quan dt - (503) 639-4463 home (503) 768-7332 weekdays annexpro:lq , . • ! Exhibit C Proposal 3476 TRANSCRIPT City of Tigard Council Meeting 4/25/95 ~ Mayor Jim Nicoli Staff: Bill Monahan, City Manager Ra Valone, Plannin Y 9 Catherine Wheatley,City Recorder Council Members: Wendi Conover Hawley Paul Hunt Bob Rohlf Ken Scheckla Proponent: Bradley Fudge Opponent: Linda Quandt Item 6. Public Hearing (Quasi-Judicial)- Zone Change Annexation (ZCA 95-0002) Fudge. A request to annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5. [No ex-parte contact; no challenges] Staff Report: ~ Valone: Mayor and City Council Members, this is a request to initiate annexation of four parcels as you described, consisting of 5.68 acres. They include three single-family residences. Property D on the map is vacant. Two of the three owners who own parcels B, C, and D have requested the annexation by means of the double-majority method in order to obtain sanitary sewer service and increased police protection. The fourth parcel (A on the map) has been included in the proposal without the owner's consent because of its location. It is surrounded by, and depends on, Parcel 6, for its access. Efficient delivery of services and facilities is the primary reason for its inclusion in this application. City staff prefers to have Parcel A be part of this annexation proposal. The police department, in particular, wants the parcel to be included in the annexation because of the confusion involved during police response if it is left out. Currently the site (four parcels) is designated Washington County R-5. Because the . parcels are located in the City's Active Planning Area, as is the whole of Walnut Island, a comp plan designation has been assigned to it of Low Density Residential. In this case, upon annexation, the property would just have to be re-zoned, to R-4.5. Adequate facilities and services are available to these properties. B and C, as you can see, have frontage along Gaarde, which is a Major Collector. The residents already have water Page 1 of 12 Tigard 4/25/95 Council Meeting • • Exhibit C Proposal 3476 service, and are served by Tualatin Valley Fire & Rescue. Upon annexation, they will be served by the Tigard Police Department. Sewer lines are available in SW 1 14th to the east. As required, notice was given to property owners within 250 feet of the property; the Central CIT; agencies and districts; and the Tigard TIMES. Responses were received from our engineering, water, and police departments; Tualatin Valley Fire & Rescue; PGE and General Telephone. All had no objections. As mentioned earlier, the police department did comment that they wanted to see Parcel A included. One written comment was received, ' from Linda Quandt, the owner of Parcel A. She objects to the inclusion of her property ~ and requests that her property not be annexed at this time. Her letter has been included in your packet, for you to see. Staff has determined, though, that the proposal is consistent with all the City's relevant criteria for annexations, and recommends that the Council adopt the attached resolution and the ordinance to forward the annexation proposal to the Boundary Commission. I will be happy to answer any questions. Hunt: Ray, I'm a little bit confused about what "A" is...which area on there. [Inaudible] This line on here doesn't show it going clear over to the boundary, does it? Valone: Parcel A actually is within the bounds of Parcel B. ' Hunt: OK, one little area, little island in B... Valone: In a parcel... Hunt: Thank you. Scheckla: Ray, I know the Police Department made a remark about being confused if it had to get there in an emergency, but the fire department did not make any formal request one way or the other? Valone: No, it didn't, Councilor. Scheckla: Why would the police department be different from the fire department? Hawley: Because the fire department services them already anyway. Valone: The fire department services them before...if they're in the County or not. It includes them both in the whole district. Page 2 of 12 Tigard 4/25/95 Council Meeting . ' • • Exhibit C ' Proposal 3476 Scheckla: Is it not Possible we could... Why, if they didn't want to be in...Where is the...How do you feel, if we left them out...Would that be inappropriate, if A didn't want to be involved in this...Would it hurt the project or not? Valone: Would it hurt the proposal? I'm not sure... it's a two-part question. Staff does prefer it [Parcel A/ Tax Lot 1001 to be in for the reasons I've given. When it goes to the Boundary Commission, whatever this Council decides to forward on, whether it's all four parcels, or leaving A out, the Boundary Commission still needs to look at it, and the Boundary Commission has their criteria on delivery of services. I've spoken to staff on this one, because I didn't want to just go ahead and do it, and it's the feedback I got is that they would be reluctant to leave this out. Scheckla: Where I'm coming from, I'd like to see unanimous on that part of the people coming in and if somebody didn't want to for whatever reason, if it would not affect the outcome, and we left them out, I would rather support that end of it, but that's only my observation, if it would hurt rather than help by putting them in,... [inaudible]...It's like, anytime you have a...you like to see everyone happy and make everybody happy, if we left one person out and the others in. That's where I was coming from. Nicoli: Ray, can you tell us who owns Parcel B,C, and D? We have two applicants here. One of them must own... Valone: The applicant Fudge owns Parcel B and Parcel D. Applicant Ebertine owns Parcel C. Nicoli: Very good. OK. No further questions of staff. Let me move on, and now we will open the public hearing to public testimony. We ask that you limit your input to ten minutes. We'll start out with the applicant. Would either Mr. or Mrs. Fudge, or Mr. or Mrs. Ebertine like to address the Council? Fudge: Members of the Council, my name is Brad Fudge. I'm the applicant. We would like to be included and be annexed for a couple of reasons, some of which are political and social, others of which are obviously going to be economic at some point. Politically and socially, we are right on the edge of Tigard. We effectively feel like we are somewhat isolated from the City, in that we really don't have the opportunity to offer some input. We don't feel like we are really part of the local community, and we feel that we truly should be more of this community than we are of Washington County. Most of the services that we go to receive now, are currently in downtown Hillsboro. Obviously, it would be much more conducive to us to be local. Socially, I guess, we're already, and most of the people in the island for that matter, we're already using your parks, we're already using your libraries. The fact of the matter is, we've got a free ride. Now it's "Economics 101 If we're using.your services, we ought Page 3 of 12 Tigard 4/25/95 Council Meeting ~ . Exhibit C Proposal 3476 to be paying for them. The cost to come into the City, it's a couple hundred dollars a year. We know there's going to be some small amount that's going to be included in our tax bill, but it really doesn't bother us. We used your library two weeks ago. We didn't have to pay for them, but we sure got to use your books, and we feel we ought to support that. The fact of the matter here is that we do own Parcels B and D. We would like to have sewer at some point down the road. The couple that owns C would also like to have sewer. If we bring sewer in at some point down the road, obviously anybody else in that immediate area is going to benefit as well. There are four large parcels fronting 1 14th Avenue, three that are fronting and one that abuts Parcel B. [Tax Lots 3700, 3800, 3900, & 4300, 2S 1 10AB) Those four are all owned by the same individual. Economically we have--the other owner and myself--we've both been inundated with offers by developers who want to buy our property and want to develop it, and it's probably only a matter of time until the individual who owns the four parcels will probably sell, in which case all of those will come into the City as well. I'm not in any hurry to develop mine. I spent $1500 today to have my Christmas trees pruned. I wouldn't do that if I was looking at developing right away. We just feel like, if we're going to be part of Tigard, and we really feel like we should be, if we're going to utilize your services, that we should be in the City. Any questions? Hunt: What advantage or disadvantage to you is it if we were to approve it but not to approve the "A"? Fudge: Frankly, it doesn't matter to me at all. Hunt: Thank you. Rohlf: Are you intending to apply for a reimbursement district if you were to put in sewer lines, that might affect Parcel A? Fudge: If I did put sewer in? Absolutely. Why should I pay the whole bill without having those people who are going to benefit reimburse me? It's my understanding, though, that until parcels are immediately adjacent to mine, as long as those were County, I couldn't apply for a reimbursement district in any case. So it's a moot point. Nicoli: Any other questions? Thank you, Mr. Fudge. Is the other applicant here this evening? [NO.] OK. Are there any others in the audience who are proponents who did not have an opportunity to sign up? [None.] We have one person who has signed up as an opponent: Linda Quandt. Com-e forward and speak to us. auandt: Thank you very much for this opportunity. I do not have an objection to the Fudges annexing into the property, however l do object to mine being carried along with Page 4 of 12 Tigard 4/25/95 Council Meeting ~ • Exhibit C I Proposal 3476 the package deal. I have a much more rurally situated piece of property which does not front on Gaarde and which does not benefit directly from routine police patrols. And it is my choice to not be annexed at this point. I would not have an objection if the rest of the surrounding properties were being annexed at the same time such as the Lynn Hatch NurserY and the four Parcels directly across from me. Or if the one isolated home over there on the far right [Tax Lot 1600, 2S 1 10A6] were being annexed, or if any of the County property in the large area to the left were being annexed. It is my understanding that the City does not have a policy of forced annexation at this time, and I just respective- ly request that mine not be annexed at this point. Thank you very much. Nicoli: Any questions from Council? OK. Anyone in the audience wish to address the Council on this issue? OK, with that, we'll give the applicant an opportunity for rebuttal? [None.] Staff recommendation? Hawley: I do have a question of staff. Is it appropriate to do it now? Nicoli: Right after staff recommendation. Hawley: Yes sir. Nicoli: OK...Although you could have asked it now, I don't care. [Laughter] Go ahead, Ray. Valone: Staff does recommend that the Council forward the proposal as written to the Boundary Commission for review. Hawley: I'm curious, I noticed that it's an $850 application fee to the Boundary Commis- sion for this annexation procedure to occur. I want to explore a scenario at this point and ask your professional opinion about this. If we did leave Parcel A out, and eventually most of that area were to annex through one procedure or another--either developers paying or the City paying those application fees--if the City were then to subsequently adopt a policy that all islands were to be annexed, would we then have to pay another $850 for that separate Parcel A to be applied for? Valone: The Boundary Commission fee is based on acreage. And it's pro-rated; it's... 0-1 acre, I think it's $215 and then it goes 2-5 and 5-10, so it depends on how much acreage is coming in at each application. In this case, it's just over 5, so between 5 and 10, it's $850. So, to answer your question, if "A" comes in alone, it would be $215. They are going for a rate increase the first of July. Hawley: So, Parcel A is actualty pushing us into the 5-10 application fee as opposed to the 3-5 application fee? Valone: I think Parcel A is .18, so it actually isn't. We're still 5-10. Page 5 of 12 Tigard 4/25/95 Council Meeting i • ~ . Exhibit C Proposal 3476 Hawley: Okay. Scheckla: I have a question, Ray. In fact, I have two questions. If we left Parcel A out, would the fee of $850 be downgraded then somewhat? Valone: No, it wouldn't, because the range is 5 acres to 10 acres. Scheckla: Then my other question would be, that parcel way out to the right, that section in white [Tax Lot 1600, 2S 1 10AB]...now that got left out, and if that got left out and I don't know what your rationale was for that-- we can apply the same thing to property ownership "A" and send it off to the Boundary Commission that way without Parcel A being in, right? Obviously, that happened there to that other parcel somewhere down the line. Valone: In an annexation about two years ago [Proposal 3109X, approved 9/7/921, that person chose not to come in with other properties around coming in. Scheckla: What was the rationale there, I mean, is it the same as what we're hearing tonight? That the area was out there didn't pose any problems there or did it? Valone: I don't know if it's posing any problems. I don't know if there's any kind of police history there or not. Scheckla: I guess what I would say, I would be in support tonight, if we left item A out, or leaving property ownership "A" out, and went ahead with the others, but if we're going to have a vote on that to leave Property A in, I think I'll be more than negative on that. Hawley: I have another question before we start Council deliberations, if you don't mind. Is there a recorded easement off of Property B for access to Property A? Valone: Mr. Fudge could answer that, but I recall he said there was. Fudge: There is. There is a road maintenance agreement for access there. The agreement reads, if at some point at time, the property is ever to be developed, that Hawley: We need you to come to the mike, please. Fudge: Sure. There is a road maintenance agreement; there is an easement that comes off of Gaarde. I actually own the roadway. It goes right in front of "A", and then wraps around my house up here in the other corner. The agreement reads that if at some time we ever wanted to do anything with that parcel, we have the ability to change that easement. So "A" is totally surrounded, basically. Hawley: To change, but not deny? Change, but not remove? i Page 6 of 12 Tigard 4/25/95 Council Meeting • • Exhibit C 'I Proposal 3476 Fudge: Oh, to change. They still have to have access. Hawley: Just checking. Scheckla: You would not landlock the person on property "A" off from... ' Fudge: You can't. Nicoli: While you're up at the microphone, I have one question. You have one residence on lot B now, and a whole bunch of trees. And there's a residence on C? Fudge: Yes, there is. Nicoli: OK. In D, what's on D now ? Fudge: Actually, what's on D now is a vacant parcel. There are.. the lot that is directly across the street from D does have an easement for a drainfield onto D. Nicoli: OK. Very good. Rohlf: Assuming you would ask for a reimbursement district to be formed, assuming you want to put a sewer in there, how would you feel about exempting Property A so long as Ms. Quandt owns that property? Fudge: I would not feel good about it at all. If I run the sewer, I want to get paid for it. Rohlf: Okay, that's fine. Thank you. Nicoli: Are there any other Council questions? Thank you, Mr. Fudge. At this time, 1 will close the public hearing, and ask for Council comments and considerations. Rohlf: Mr. Mayor, given the contents of Ms. Quandt's letter, I suggest that you discuss with the public what our position is on annexing islands. I think it's a little unclear. Nicoli: Mr. Rohlf, I'll allow you to do that. [Inaudible, several people speaking at once, laughter] Rohlf: The letter states the position that she thought the City wouldn't exercise double- majority to annex properties within, I believe, Walnut Island is the reference point. And I believe the confusion comes-fram the change in position that we've made recently in respect to the island as a whole. I think that at the time that we discussed that, we indicated that we didn't want to annex the island as a whole by forced annexation, mainly because we knew there would be other ways that properties within the island would come Page 7 of 12 Tigard 4/25/95 Council Meeting ~ • ~ . Exhibit C Proposal 3476 in to us, and this being one of the instances. So with that respect, I'd hate to mislead any citizens that we don't intend to annex within the island, but we intend to make it on a more voluntary basis. Monahan: Correct. But I don't think there was a prohibition on the Council of bringing in a property or several properties that were not in favor; there wasn't a decision by the Council that only those who signed a request would be brought in. Nicoli: My only concern in leaving Parcel A out is the fact that it really gives our police department fits. And that was the only input we got from anyone we solicited input from ~i was the police. To leave a small individual parcel like that out, especially when it's surrounded, just makes their life that much harder, and from that standpoint, I believe it's in our interest to bring this parcel in, even though I understand the concerns of the homeowner there to stay out, I believe it's more appropriate that we bring that parcel in. Hunt: I probably appear quite inconsistent because I was the Lone Ranger that said "let's force annex Walnut Island", and everybody else said "no", and I voted for it. Now, I'm going to go the other way. I'm going to say the Council is being inconsistent. If we force them in when we just made the decision four or five months ago that we were not going to force annex them and to take a single parcel and force them in, I think it would be inconsistent, so I very definitely will vote against it. Hawley: Councilor Hunt, let me ask this question. Was it your perception when we had that discussion about the Walnut Island that we would not force annex anvone? That we would request that everybody willingly come into the island, because Councilor Rohlf just explained that that's not what the Council decided. Hunt: You ask me what my thinking is. What my thinking is, is that it wasn't discussed. I don't think it was discussed or determined one way or the other. That's my recollection, [inaudible] that it wasn't discussed in that depth. That's all. Nicoli: I can see now that I have a different recollection of what we did that evening. I guess we can work that out later, but I thought the issue at hand was whether we would take the entire island in on one motion, and we agreed, I think, as a group, not to do that. Hunt: But didn't we have a discussion on what we would do with the individual ones? Nicoli: No. No, and we didn't preclude ourselves from doing it, and that's why I'm saying... and not that it's that critical... but anyway... Rohlf: May I ask a question of -Mr. Monahan? If we leave Parcel A out, and a reimburse- ment district is formed, is there anyway we could force Parcel A to participate in paying for that reimbursement district, if they are not a part of the City? Page 8 of 12 Tigard 4/25/95 Council Meeting . • • Exhibit C , Proposal 3476 Monahan: Not under our present ordinance, no. Hawley: Would Parcel A be allowed to hook up without paying? Monahan: Once the line were in, they would have the ability to petition to connect. They could annex to the City, and connect without the requirement of paying into the reimburse- I ment district. Yes, they could. I Rohlf: Well I have a problem of putting Parcel A into this one if the landowner doesn't want to do it in the first place, and then we're potentially subjecting them to my least favorite of all subjects, the reimbursement district, again without her consent. So I would propose that we bring in Parcels B,C, and D per their request, and leave out Parcel A. Scheckla: I feel the same way, but for a different reason, because we have that one parcel left out from a couple of years ago, and obviously the police department hasn't come up to us to before our board and said there's any problems with that one house, that I'm aware of. No one ever brought anything up to our attention, that that's been a problem for them, by leaving that particufar place out. And so I think we could leave Parcel A out and not have a problem either. Hawley: I guess I'd like to ask Ray one more question. You said that you had talked with Boundary Commission staff regarding their standards on the possibility of leaving A out or putting A in? Will we in any way jeopardize the annexation at the Boundary Commission by leaving Parcel A out? Or is it possible that they could simply decide that Parcel A would be included and still go ahead with the annexation of B,C, and D? Valone: The second scenario would be more likely. They could choose to modify, which I they have the right to do to the annexation, and that would probably be including A. I'm i not saying they will, I'm saying that's an option they have, rather than denying the annexation, but I don't know. Hawley: Is it your professional opinion that they would deny the annexation for B,C, and D if A was not included? Valone: With the Boundary Commission, with the research I've done, to be honest with you, I don't know. I might want to add... ' Nicoli: Well, I'd like to state that the Boundary Commission, at least the last word we had from staff on Boundary Commission decisions, they don't like to put in an annexation where land owners oppose it. Valone: But this is a double-majority. And in their eyes, a double-majority is actually a far different animal than a forced island. And that's when they do look at efficiency of service delivery. And so that's why it's different. I just want to add... since the proposal, I talked ' Page 9 of 12 Tigard 4/25/95 Council Meeting • ~ . Exhibit C Proposal 3476 with some of the neighbors and we have a gentleman who has three parcels of land to the west who is going to join in at the Boundary Commission level...this is just a note. The gentleman owns this, this, and this parcel [Tax Lots 1500, 1800, and 1900, 2S 1 10BA] and I just talked to the gentleman who owns this one [TL 400, 2S 1 10BA] and sent him information, and he's interested as well. Hunt: Excuse me, I'm just trying to understand what you just told us...Can they come in as a part of this annexation without coming back to the City Council? Valone: They can. That's an option at the Boundary Commission. When they go off to their hearing and their noticing, that's an option, and there are forms to do that. Hunt: Thank you. Scheckla: Let me ask one more question, Ray. What do you anticipate the agreement passing on a 3 to 2 vote and send it to the Boundary Commission with A being left in, rather than sending it to the Boundary Commission on a 5 to nothing vote in favor if we left Parcel A out? Do you think the five to nothing would be more impressive than the 3 to 2 slim vote either way, before the Boundary Commission? Valone: I can't speculate on that. I really don't... Scheckla: Because I think that what we're hearing tonight, if we left A out,... if it's important that we left A in, you are not going to have unanimous support. That's my only remark. Valone: But I don't know what the reaction would be at the Boundary Commission. Nicoli: Any other questions? OK. Let me ask for a resolution and ordinance number. Wheatley: Resolution 20 and Ordinance 6. Rohlf: Are you looking for a motion? Nicoli: Absolutely. Rohlf: Mr. Mayor, I move that we adopt Resolution 95-20, and Ordinance 95-6, changed to indicate that Parcels B, C, and D will be annexed to the City of Tigard, leaving Parcel A out. Hawley: I'll second the motion: Nicoli: Will the City Recorder please read the number and title of the Ordinance? Page 10 of 12 Tigard 4/25/95 Council Meeting • ~ Exhibit C i Proposal 3476 Wheatley: Ordinance 95-6, an ordinance adopting findings and conclusions to approve the zone change and declaring the effective date, ZCA 95-0002. Nicoli: Is there any other further discussion? Will the City Recorder please conduct a roll call for votes of Council. Wheatley: Mayor Nicoli NO Councilor Hawley NO Councilor Hunt YES Councilor Rohlf YES Councilor Scheckla YES Nicoli: OK. Ordinance number 95-20 is approved by a 3 to 2 vote. Scheckla: No, not ordinance number 20... Nicoli: Oh, excuse me, ordinance number 6. My assumption is that resolution...your motion included resolution...OK so that was a dual vote on both things. No misunder- standing? OK, very good. Thank you for coming down this evening. I I I ~ I I ~ I ~ i I I Page 11 of 12 Tigard 4/25/95 Council Meeting r. qdT.zosup.zy 56 / SZ / t, PzPbTs ZT Jo ZT abed f a6pn3 OOS Q aut4zaQ3 00c 0 abpn3 OOZ g -qPut-no (VHOZ T SZ) OOZ 4 o'I a'e s V Taz s~ilzz oMaszzx3rr+v\ow.ccrW\naODuures~\'M h313bi V 008 OOv s•r-a oaYDil- ol 1?~~ S-13 '00 NOlJNiHSdM 3JNdH0 aNOZ oora •rvos Q3X3NN`d B8 01 !'3bY ~ H1HON S11Wf-l k1t0 NlH11M AuH:3a8no Y38NC~VIN .Lj8tHX3 Jl.i.11 : : : . ' • . . . ' . . . . : : . . : : . : : : .•J : _ . . . . . : . . : ~ 4z : '~.7.•: . O~ . . 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Proposal No 3476 CITY OF _TIGARD, OFtEGON RESOLUTION NO. 95- IJ A RESOLiJTION TO RESCIND RESOLUTION 94-20 REGARDING ANNEXATION OF IININCORPORATID AREAS BY THE ISLAND METHOD WHEREAS, the Tiqard City Council passed Resolution 94-20 on April 26, 1994, which proclaimed the city's intent to annex all unincorporated areas that are comple~:ely surrbunded by the city }ising the':~island method and directed staff to begin this annexation process according to an_ outline; and wIHEREAS, the Tigard City Council requested that staff research the feasibility of going forth with island annexations at a study meeting on . November 29, 1994; and WHEREAS, the Tigard City Council received a staff report recommending that the city not pursue annexation of unincorporated areas by the island method; and WHEREAS, it is in the best interest of the residents of is-land areas and the City of Tigard to not pursue forced annexation of island,.areas. _ NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: . Section 1: The City Council rescinds Resolution 94-20. PASSED: This day of , 1995. - Mayor - City o Tigard- A3'TEST : - • - - A . . CitY . Recorder City *of Tigard Certified to be a True Copy of : Original on fiie a4~~"t~ • RESOLDTION NO. 957/, gy- ; Page 1 . Ci Re order - City of Tigard Date: 31 &-f m ~ > . • • EXHIBit ~ PROPOSAI. N0. ~ 14165 SW l lSth Avenue Tigard, OR 97224 May 25, 1995 Kenneth S. Martin, Exec. Officer Portland Metro Area Local Gov. Boundary Comm. 800 NE Oregon St. #16, Suite 540 Portland, OR 97232 REF: Annexation Proposal No. 3476 Tax Lot 100, 2S 1 lOBA - Quandt Dear Mr. Martin and Members of the Commission: Thank you for your notice of May 16 in which you advised the Boundary Commission is considering recommending that Proposal 3476 be modified to include my 1/5 acre residence. I am sorry but I will not be able to attend the June 1 hearing because my youngest daughter has a flute solo at school that evening. As a single parent, it is important to ~ her and to me that I be in the audience. Please do not feel my inattendance of the meeting diminishes my protest of this action. I have enclosed a copy of the letter INvrote to the City of Tigard when the annexation of Brad & Kitty Fudge's property was considered. I was present at that meeting, and the resulting action was a vote by the city council to remove my property from the Fudge's annexation proposal. The annexation of my small parcel of land which includes my 1950-built home, fruit trees and garden would benefit . neither the City of Tigard nor my family. It would be inconsistent and unfair to forceably annex my property when other parcels have been omitted from previous annexations. My property would not be a lone "island" of county property in the immediate area. It is not situated on a main thoroughfare; it is set approximately 1/10 mile off Gaarde Street on a gravel driveway shared by the Fudges and me. It receives city water and is on a septic system. I would not object to being annexed into the city at a time when all property in the area were to become part of the city, but I do object to the utilization of the double-majority rule at this tune. I appreciate your time and sincerely hope you will act in my favor. Respectfully, 4, , A PORTIAND METRO ~ RaH 6~,~1~.~~ - BOUNnnaY c,n"Linda J. 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'.1. ; ~!'tl ' i . vn.i::i .a.. ~ 62pG00t0 ~ 6000 5900 -30 , 4200 .100 4000 3900700 36 1~00 ~4 00 TRPG 42 22 ' 21 - 25 26 ; SBOO =8 29 30 6300 43 - 4.4 03 = S J T~ ~ J ~ , ) P •~,pT•4.' .27 t c -cr'. Cl,OUD 31 S.W Y . 'NcFARLAND CoU /4100 f 400 1300 l1w s401 ♦600 4 $=Qp M~ sB00 OO iOBB ~aa00 36 :9 II i7 - I! ~ ~.w ' i7 75 " 32 00 TIGARD~ ' 4 ,e 1700~.. ~ ~ • ~...i ~9 =T i~ ~ • 7ip0cl7:. 77 300.'• 310011 80I 3700~. SS00 ~ O y 16 C i 6600 t S~ S ~8~ 7 8 : 3600 + 10 5400 m 34 3 s 4402 D •,2600 b -C• i 5000~ O _ 3 ~ sioo S.W. ' yf~•• . WIL ° • • esoo is . ~Wp ° ~ ste M.v 68~ 69 ~ 1000 ~Q ' ~ 251 IOBD w p~ ~Z - s ix 39 WM NCTON COU? ~ LlA 51 32 3100 F llillCT►0r tA➢~~tl7l1IAT ONIT. ~ 13 _ 00 NCCFC~ta7RI~ /:40 OtR[ FOIIAiSCSSYENT pC OIrY.00N iC ~ fOfl C uu stc r..a STREET t i51 qac .CC M.P IGARC zs i ioeo 2S I PROPOSAL N0. 3476 CITY OF TIGARD ANNEXATION FIGURE 2 . " • • Exhibit F Proposal No. 3476 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed contains 5.5 acres, 2 single family dwellings, an estimated population of 4, and is evaluated at $211,020. 2. The owners are requesting annexation in order to receive additional police protec- tion and for sewer service. There are no development proposals at this time, but the owner of Tax Lot 200 has tentative plans to develop his property within one-to- two years. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrange- ments in the long term. , 4. The territory is currently part of an area generally referred to as the "Walnut Island." The proposal as submitted to the Boundary Commission creates yet another island of Tax Lot 100. The original proposal (as submitted by City of Tigard planning staff to the City Council) included Tax Lot 100, as explained in the staff report: "The applicants, owners of three of the four parcels, have requested that the 5.68- acre site be annexed to the city by means of the double majority method. Repre- senting the owners of more than half the land (97%) and a majority of the registered electors (67%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The fourth property, parcel A[Tax Lot 1001 has been included in the annexation proposal without the owner's consent because of its location: It is surrounded by, and depends upon parcel B[Tax Lot 2001 for its access. Efficient delivery of facilities and services is the primary reason for its inclusion. City staff prefer to have parcel A(Tax Lot 1001 be part of the annexation proposal. The Police Department, in particular, wants the parcel to be included with the annexation because of the confusion involved during police response if it is left out." At the April 25, 1995, meeting of the Tigard City Council, the owner of Tax Lot 100 (Ms. Linda Quandt) appeared before the Council and asked that she not be included in the proposal. The Council then modified the proposal to exclude this property. Findings - Page 1 of 10 ~ • • , . Exhibit F Proposal No. 3476 Ms. Quandt also wrote a letter to the City, requesting that she be exempted from the annexation proposal. Further testimony was given during the City Council meeting. Ms. Quandt indicates that her concerns are not primarily paying City taxes but rather that she is being treated differently from others. She feels that other non-consenting properties would make more likely candidates for inclusion as non-consenting properties in double-majority annexations. The discussion of this proposal at the City Council meeting indicates that part of the reason for deleting this parcel from the proposal was fear of Boundary Commis- sion disapproval. Also evident in the discussion was some lack of understanding about the difference between the double-majority annexation process and the island annexation process. Finally, the Council appeared not to be 100% in agreement about the meaning of the resolution they recently passed rescinding their intention to pursue annexation of the Walnut Street area by the island annexation method. The resolution itself makes it fairly clear that the City's intention is to abandon the island annexation method. Nothing therein says the City will not employ the double-majority method of annexation, nor does any language appear to prohibit inclusion of a minority of non-consenting property owners in a double-majority proposal as the method allows for. Conversation between the Boundary Commis- sion chair and staff director and the City's Mayor and Manager confirm this conclu- sion. 5. The northern half of the site slopes downward from northwest to southeast at a 10% grade. The southern part slopes southwest to northeast at a 13% grade. These slopes form a swale running west to east that bisects the site. Approximate- ly two-thirds of Tax Lot 200 is a Christmas tree farm. Land use on surrounding parcels consists of single-family residences to the east, south, and west; and St. Anthony's Cemetery to the north. The territory is contiguous to the City on the north and south. 6. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 7. The territory is located within the County's West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for develop- ment. Although most of the West Tigard Planning Area will have to rely on the City Findings - Page 2 of 10 Exhibit F Proposal No. 3476 for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 8. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 9. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. 10. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effec- tive. The City has policies requiring new development to be serviced with sewer and water. The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. The City of Tigard has planned to rezone the territory to R-4.5 upon annexation. 11. There is an 8-inch sewer located along the south property line of Tax Lot 200, which can easily serve the Fudge residence. However, in order to sewer the entire property (in the event that it is developed), the 8-inch line located in SW 1 14th . Avenue, approximately 3b0' east of the site, is the best suited to serve the territory due to its topography. Findings - Page 3 of 10 • • Exhibit F Proposal No. 3476 There is another 8-inch line located in Gaarde Street, which ends at 1 18th Court, to the west of the properties. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: ~ 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City- County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than USA charges and keep the difference to offset City costs. As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month plus a consumption charge of $ 1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA in the adjacent unincorporated area. USA assesses a property tax which goes toward payment of bonds sotd to con- struct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 12. The site can be served by a 12-inch water line located adjacent to the property in SW Gaarde Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovernmental agreement with the Tigard Water District which Findings - Page 4 of 10 il • ~ Exhibit F Proposal No. 3476 ~ provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system,.including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agree- ment covers the original boundary of the District, at the time of the Agree- ment/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in this area include a $635 system development charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total installation charge of $1,170 for a standard 5/8" or 3/4" meter. The bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 13. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protec- tion to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. Findings - Page 5 of 10 • a Exhibit F Proposal No. 3476 The City Police Department specifically responded to this proposal. They believe it does not make sense to leave out a single property completely surrounded by another parcel within the City. In effect, the surrounded parcel will be getting service by the City by virtue of the Department's responsibility to serve the sur- rounding parcel. In any emergency, response to that piece would likely come from the City since it is likely to have the closest unit. 14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 15. The territory is within the boundary of the Washington County Urban Road Mainte- nance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 425 feet of frontage along SW Gaarde Street, which is classified as a major collector. This street is already within the City. 16. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 17. The territory is within the Washington County Service District # 1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the subject territory will be automatically withdrawn ! from the District. . ~ The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. 18. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: A. Cook Park, 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the . Findin9s- Pa9e 6 of 10 s • Exhibit F Proposal No. 3476 park. Improvements to the park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and natural areas and trails. B. Summerlake Park, 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 tennis courts. C. Woodard Park, 26 acres. It has play equipment and paths. D. Fanno Creek Park, 20 acres. It has a large field, play equipment, paths, and basketball and volley ball facilities. E. Englewood Park, 15 acres. It has fields, play equipment and paths. F. Jack Park, 5.62 acres. It has play equipment, a shelter, paths, a basketball court and a volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest summer camps for kids. The city also provides year round classes such as crafts and painting classes for adults. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non-profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. 19. The site drains naturally into a swale that cuts across the center of Tax Lot 200. There is a storm drain culvert located along SW 1 14th Avenue, approximately 300' east of the site. The City also maintains a drainage pond on Tax Lot 3400, directly to the south of Tax Lot 200. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. 20. The Boundary Commission staff is anticipating receipt of a request from John W. Olsen to include his properties (Tax Lots 1500, 1800, and 1900; S 1 106A) in the annexation. The modification contains 4.02 acres, 2 single family residences, an Findings - Page 7 of 10 • a Exhibit F Proposal No. 3476 estimated population of two (two resident owners/registered voters, one absentee registered voter) and an assessed value of $314,140. Services can be made available to these properties in a similar manner to the original proposal. Sewer service for the northern portion of this area could be supplied from the line at 1 18th and Gaarde and the southern portions can be served from the line on the south edge of the area to be annexed. The staff also recommends that this proposal be modified to include Tax Lot 100, S 1 10 BA, as originally recommended by City of Tigard staff, and as originally submitted to the Tigard City Council as part of the double-majority annexation proposal. The proposed modification contains 0.18 acres, one single family residence, an estimated population of 1(the owner and registered voter, plus an additional absentee registered voter) and is evaluated at $82,220. The modification would provide for the efficient delivery of services, and be in conformance with the stated policies of the Tigard Comprehensive Plan. With regard to Tax Lot 100 the original proposal, as modified by the City Council appears to contradict Tigard Comprehensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than eliminates "an existing 'pocket' or 'island' of unincorporated territory". The current proposal, as modified by the City Council, also appears to contradict Tigard Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does "create an irregular boundary that , makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city." The City recently rescinded its policy of using the island annexation method to annex properties to the City. However, the double-majority annexation method remains an available and appropriate method of annexation to achieve logical City boundaries and conform to the policies set forth in the Tigard Comprehensive Plan. REASONS FOR DECISION Based on the Findings the Commission determined: 1. The proposal should be modified to include Tax Lots 100, 1500, 1800, and 1900, S 1 10BA. The property owner of Tax Lot 100 opposes inclusion of her property in the . annexation. She argues three issues: 1) that the location of her home well off a well traveled street regularly patrolled by City law enforcement lessens the need for obligation to pay for additional police protection; 2) that other properties in the Findings - Page 8 of 10 ' ~ • Exhibit F Proposal No. 3476 vicinity make better candidates for inclusion as non-consenting properties in double- majority annexations; 3) that she thinks this is violating the City's commitment not to force any properties within the Walnut Street island to annex to the City. With regard to the first point the Commission acknowledges that every property ' owner has a slightly different relative need for (and feels a different obligation to pay for) urban services. The criteria the Commission must consider (ORS 199.410(3)(b)) is whether the quantity and quality of service is "adequate." In this case the Commission judges the IeveI of service offered by the CitY 0.3 officers Per 1000 population) to be adequate. The Commission further notes that if the property were left out but completely surrounded by the City, for all intents and purposes the property would be getting benefit of that adequate service without paying for it, a fact which is to some degree true even before approval of this annexation. The second argument by the property owner is also not directly related to criteria to be considered by the Commission. The Commission is to fook at adequacy of services, governmental structure, land use implications, etc. and make findings on how those criteria relate to the proposal at hand. Other properties could have been proposed to be included in this proposal as non-consenting owners (within the confines of the double majority law of course) but they were not. Again the question for the Commission is: Does this annexation, including this tax lot meet the criteria of adequate services, compliance with land use plans, etc? The Commission finds that it does. The Commission has examined the City's Resolution 95-15, the minutes of its meeting on this annexation proposal and has spoken with representatives of the City. The Commission concludes from this analysis that the City has decided not to employee the "island" annexation method (ORS 199.490(5))(a) and 222.750) in the Walnut Street island area. That method allows the City to initiate annexation of areas surrounded by the City without the necessity of obtaining any consents from ~ property owners/voters and to annex the territory and without an election if the Boundary Commission approves the proposal. However our analysis reveals no indication that the City intends to annex onlv consenting properties in the Walnut Street Island or that the City has decided not to utilize the "double majority" method of annexation. The double majority method does allow annexation propos- als to include non-consenting property owners and registered voters as long as a majority (more than 50%) of registered voters and property owners representing a majority of the land area do sign a petition. The modification would provide for the efficient delivery of services, and be in conformance with the stated policies of the Tigard Comprehensive Plan. Findings - Page 9 of 10 ~ • . Exhibit F Proposal No. 3476 The current proposal, as modified by the City Council appears to contradict Tigard Comprehensive Plan Policy 10.1.2(a) because the exclusion of Tax Lot 100 creates, rather than eliminates "an existing 'pocket' or 'island' of unincorporated territory". The current proposal, as modified by the City Council, also contradicts Tigard Comprehensive Plan Policy 10.1.2(b) because the exclusion of Tax Lot 100 does "create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city." 2. The proposal is consistent with City, County, and Regional planning for the area. The Commission has examined the County Comprehensive Plan, the County's West Tigard Community Plan, the City-County Urban Planning Area Agreement and the City's Comprehensive Plan. The Commission found nothing in those documents with which this annexation proposal was inconsistent and therefore concludes the action to be consistent with local comprehensive plans as required by ORS 199.410(3)(d). 3. The Commission finds that subsequent to annexation an adequate quantity and quality of public services will be available to the area. As noted in Findings 11 through 19 adequate services are available to accommodate existing and future development of the area. 4. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). 5. ORS 199.410(1)(e) emphasizes single agency service delivery over delivery of services by a multitude of layered single service districts. This proposal is in accord with that principal. 6. The County's West Tigard Community Plan (quotation in Finding 7) and the City- County UPAA (Section A defining "Active Planning Area") anticipate annexation of this area and all the rest of the Walnut Street island area to the City. This annex- ation is a part of that continuing process. 7. The annexation is in accord with ORS 199.410(3)(e) because it reduces a fragment- ed approach to service delivery by taking the territory out of a number of single purpose units of government and placing it in a multi-purpose unit. As a result of this annexation this territory will ultimately be removed from the Tigard Water District, the Washington eounty Service District for Enhanced Sheriff's Patrol, the Washington County Urban Road Maintenance District, the Washington County Vector Control District and the Washington County Service District No. 1 for Street Lights. Findings - Page 10 of 10 G CLACKAMAS • • MULTNOMAH WASHINGTON , PORTLAND METROPO ' ' O ' GOVERNMENT :i 1A• 1 t i 800 NE OREGON STREET N 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093 May 16, 1995 Linda Quandt 14165 SW 115th Avenue Tigard, OR 97224 Dear Ms. Quandt: The Portland Metropolitan Area Local Government Boundary Commission is holding a public hearing on June 1, 1995, at 7;00 PM, in Room 602 of the Mulfiomah County Courthouse, 1021 SW 4th Avenue, in downtown Portland on a proposal No. 3476 to annex certain property to the City of Tigard. ' The territory to be annexed is indicated on the attached map. The staff of the Boundary Commission is also considering recoinmendinb that the proposal be modified to include ' your property (Tax Lot 100, 2S 1 lOBA). We understand that you have previously objected to the annexation of your properiy, so we are sending you this letter to inform you of this possible recommendation and to give you , an opportunity to respond. If you still DO NOT want your property to be included, you may: l. Choose not to respond; o 2. Attend the public hearing mentioned above; 3. Contact our office to express your concerns or request more information. The staff will inform the Commission of your comments so that they can consider your position in deciding on the proposal. If you have any questions about the impact of this proposal on your property or about the procedures of the Boundary Commission, please let us know. Sincerely, Kenneth S. Martin Executive Officer Attachment STAFF COMMISSIONERS KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN HELZERMAN DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB LANA RULIEN, Administrative Assistant NATHALtE DARCY _ • . • PROPOSAL ■ 3 76 NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA Washington County Scale: 1 " = 250' StC ~ AlE 1. .100' z SE[ M~► t5 1 7CC 23 I]CO v. r , 1GAARDE T T T T STREET „ t .I, ~ . « ~ :.;i}:•:::::: • •....'zaoo isoo i100 u i.oo oo soo :aoo zoo ' I LlIIC. .)IK. Lf~IC :.IJIC ~JI4 ltAL I.l)Ir •I'• \ I \ Y\~: • , . R _ ~ ~ I \ I ~ 'ti•.~ . . ~ ~ ~ ~ ? ~ ivoo ~ ~ . ~ • :~..AREA TO BE"" -00~ ANNEXED laao a•:Ya,' ; I a = . . . .ti~::~;:.•r,~~ ti•:ti iE MAV ~ 2100 . • ' ~ ~ . Y~: IOBB 1100 v, ~ ::':v}}:::' 1900 G3~8' ~c':~, \ . . I~ iaut ~ • 1.0100e . ~ I 1000 , •600 \ \ •ti • • I _..!lIC. ` 2200 2l00 ,i ? ' •900, 700' , : . .JJwc,, C.1• I ~ ' •.i ~ . . . . ' ~ . . 8200,' OOI ~ 6000 5900 ~30 4200 100 4000 3900~I 700 J6 3000 3400 ' TR~CT"C~ 45 ' 42 22 24 - 23 - 26 ' 3800 tB 29 M1~03 =6300 S J T~ ~ :J w ° .e : co~4~a ~ r..ci.~ ZT Gl.OUD G 3 i 9in°~F,~ • S.W.• s . McFARLAND CO (i ~ s. ~ • R 6.0 o , . .3 °7500' 600 . . 5• . 2900 h ' ilI . 4401 .soo 4 . . ' • " r~v •7 '•Z •5200 ' ipg9 'a 8 4400 aB00 B00 18 =1 20 ' if iB 17 JS •32 : TIGARD ~i. . r 17 4y . 00~.. ' 27 j • 49' • TI00~ )601 5700 5100 ~ S 37 a3007100 6600 SB _l•8` - / '6 ~ . io y ' S00 ,3400 r 2 . . ' 7• 1 8 ~ S) 5 7 Rl ~ U)T ' i +.oz B D r•xwo - - b 5000, O ~ i ~ sioo ~ S.W. ' ~t ~ • WIC pk, j ~ 5300 g u tce r.Ir seoo 69 ` 7000 00p ezo zs i 10eo S 12 . 39 WAq \CTON COU' [/AIITMLYT OI ~ SI S2 _ S100 F [TMOMb4U1l' 13 7~Q 00 N o7r+Lr. ^ w.. _ /:40 fORlt$CSS4(NT R►C C O/f'f•OOM 4T C , FOn C 11 U3C S(( MAv xs ~ psc EE w~P STREET s IGARC 23 I IOBD I 2S 1 PROPOSAL N0. 3476 CITY OF TIGARD ANNEXATION FIGURE 2 r • ` • ` PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093 NOTIFICATION OF BOUNDARY CHANGE PROPOSAL DATE: May 9, 1995 T0: City of Tigard ATTN: Ray Valone, Planning The Boundary Commission has received a proposal (No. 3476) to annex certain territory to the City of Tigard. The area involved is shown on the attached map. Basic information on this proposal I is as follows: Area: 5.50 acres ' Existing Land Use: Single family dwellings 2 ' Multi-family units 0 Commercial structures 0 Industrial structures 0 Other Total Estimated Population: 4 Current Assessed Value: E211,020.00 Current Zoning: County R-5 Reason For Annexation: Applicants wish to annex to the City to receive urban services. . Proposed Development: None at this time. If you wish to make written comments or recommendations, please present a letter to this office no later than May 22, 1995, or attend the Public Hearing on the above matter, to be held on , Thursday, June 1, 1995 at 7:00 p.m. in Room 602, Multnomah County Courthouse, 1021 SW 4th Ave., Portland, Oregon. I Kenneth S. Martin Executive Officer KSM/dw enc. 1 ~ I ~ ~ + • PROPOSAL ■ 3 76 NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA Washington County Scale: 1 250' SCC uu SEf w► 23 I)CC ALE 1'• 100' 2S I)CD r T 1GAARDE T T T T STREET „ t :•:::::::..:::~~t~;l::•:::;.`::::'•: x:• zaoo iaoo ieoo 1400 noo 000 :~oo ::~:oo:~;:~$:::•r:::- ~ uur. .n.a i.~..c :.~c .n.u S~uc Y3'c~' ~ ~ n X. \ : ~ 1;00 .d ~ ~ . , . , ';~v AREA TO BE~~i~:;•. ~ ~:oo _ :oa •t•° t. »•c ANNEXED ~ l.oo . I I! .a.r ~~Y ( ``\'•A ~ti :\~•.;::~}':X: ~ • ~L ~ ~'J::.~':.~ :E Nsv ~ 2100 1100 3OOv'\•:' .i•:::i•::::':ti•':: ~ iruc. 1900 .~ne ~''{t,,yt;. ;i "'°°B 23 78' . ~oo I~ iu.c ` D" i:.~• Y!:•,ii'\ ✓rK iooo coo • . I JlIC. _ .]!AL '•y x • I200 2500 ~ l~~r. .~l~c. •.!y{`' \ 900„ . I .JSAC. _ C. ' I o 1ro • wtui rd.r ~ ~ ~ 4000 3900 " 700 78 1 1l00 1~00 ' expp~,~•r ppr. ~ 6pOp ~900 ~70' ~200 .100 TR~Ci'C 44 ~ 22 21 - 2S _ 28 28 If JO L = OS ~ 3000 6300 . •1 J r~ 'J ] . ! ~J`~, V. • ..n 27 , ° °c ~i-••b Gl.OUD ~Rr ~.F S.W.' 31 p - McFARLANO , C ~ OvRT . 6100 - m= ,7500 ..aw5' ~ • 2900ti ~ a~01 ~SOO •600 •~=~p M~ 47 ~BOO BOO Ipgg ~ 8 L~9OG 78 i :9 6 21 i0 I i) i! 17 •'1. a{ )2 a TIGARD- y •l00• . ..n ~8 27 ~ I • ~ s •'0 • T~~l)' !01 5700 5500 ~ S ~r ~00 3100 II SB _ / 16 C ~ ' saoo 3600 ' 'o s , i ~ : °7 e < ..oz ••xeoo ' f/): 1 D_ s I p _L ! ~ • ~ ! ~ = II , 6700 S.W.1 ' y) , ' W ~~i p • • 5300 13 ' p O ![f M~V ~OOQ ~ ~ ~ IS I IC90 6l00 69 ° 7000 szo 5 39WAC ~'6T08 COU' 12 [~AIITVLYTO/ SI 32 3100 f [/~[Etl7U1Al' ~ ONl7. ' '~~t IS = CO N~G~1p,7 i~ OTpf~ u ~n... . ' - F011 AiSC23Y(NT IIpC n0 . •0 ! OKt•DON pY ( fOn C Vt! sec u.v STREET ~ zs i oec yAp IGARC xs i ioeo 2$ i PROPOSAL N0. 3476 CITY OF TIGARD ANNEXATION FIGURE 2 I MEMORANDUM CITY OF TIGARD, OREGON TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley, Randy Wooley, Randy Volk, David Scott, Kathy Davis FROM: Ray Valone DATE: May 18, 1995 SUBJECT: Fnal Order on Annexation 3459 (Hunt/Martin) ZCA 95-0001 Attached is the final order on Annexation 3459 (Hunt/Martin), effective May 17, 1995. Census information is as follows: Final Order 3459 Owners: Troy Hunt 8170 SW 87th Portland, OR 97223 Judith Martin 10275 SW Hazelbrook Tualatin, OR 97062 Population: 4; 1 single family residence h: \ login\jerree\ annexmem . • • . • PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER ~ RE: BOUNDARY CHANGE PROPOSAL N0: 3459 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 3459 commenced upon receipt by the Boundary Commission of a resolution and property owner/registered voter consents from the City on March 31, 1995, requesting that certain property be annexed to the City. The resolution and consent meets the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on May 4, 1995. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: "(a) A fragmented approach has developed to public services provided by local , government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to I the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "(c) As local programs become increasingly intergovemmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of Iocal government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and'controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Community service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather than several governmental agencies is Final Order - Page 1 i ~ in most cases better aSre to assess the financial resources Antherefore is the best ' mechanism for establishing community service priorities. ' "(2) It is the intent of the Legislative Assembly that each boundary commission establish policies and exercise its powers under this chapter in order to create a governmental structure that promotes efficiency and economy in providing the widest range of necessary services in a manner that encourages and provides planned, well- ordered and efficient development patterns. "(3) The purposes of ORS 199.410 to 199.534 are to: "(a) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies; I "(b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government; "(c) Provide an impartial forum for the resolution of local government jurisdictional questions; "(d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary determinations the commission shall first consider the acknowledged , comprehensive plan for consistency of its action. Only when the acknowledged local comprehensive plan provides inadequate policy direction shall the commission consider the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and "(e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies. I . "199.462 Standards for review of changes; territory which may not be included in certain changes. (1) In order to carry out the purposes described by ORS 199.410 when reviewing a petition for a boundary change or application under ORS 199.464, a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 and the goals adopted under ORS 197.225." "(2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory: "(a) Territory within a city may not be included within or annexed to a district without the consent of the city council;' "(b) Territory within a city may not be included within or annexed to another city; and Final Order - Page 2 , . "(c) Territory win a district may not be included with~n or annexed to`another district subject to the same principal Act." The Commission also considered its policies adopted under Administrative Procedures Act ~ (specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and decisions and past direct and indirect instructions of the State Legislature in arriving at its decision. FINDINGS (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved Boundary Change Proposal No. 3459 on May 4, 1995. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval*. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION DATE: QY`~ 4n ~j BY: Chair I - L) ' ATTEST: ~c _ 4-g " This proposal would ordinarily be approved as of May 4, 1995. However ORS 199.519 requires the effective date to be delayed until the day after any upcoming election that is within 61 days of the date the Commission takes action. Final Order - Page 3 • • . ' Exhibit A Proposal No. 3459 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed contains 10.07 acres, 1 single family dwelling, an estimated population of 4, and is evaluated at $131,640. 2. The owners are requesting annexation in order to develop the land, which requires sanitary sewer service. The proposed boundary change should be made to allow the land to develop at urban density with the City providing the planning and urban services. A 40-lot single- family residential development is planned. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. 4. The site slopes gently downward from southwest to northeast. There is a forested area covering the southern portion and a wetland in the southeast corner of the site. Surrounding parcels contain single-family residences to the north, east, and west; and vacant land to the south. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. ' 6. The territory is located to the West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard . Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for develop- ment in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-6, 6 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 7. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and Final Order - Page 4 , . • • . Exhibit A Proposai No. 3459 ~ expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 8. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: "A. Active Planning Area "1. Definition ' "Active Plannin4 Area means the incorporated area and certain unincorporated areas conti9uous to the incorPorated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possi- ble..... "2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. "3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. "5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. "6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, siorm drainage, streets, and police and fire protection. "7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area." 9. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City shall require that: Final Order - Page 5 • • . 'Exhibit A Proposal No. 3459 t "a. Development coincide with the availability of adequate service capacity including: "1. Public water; "2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and "3. Storm drainage. "b. The facilities are: "1. Capable of adequately servicing all intervening properties and the proposed develop- , ment; and 2. Designed to city standards "c. All new development utilities to be placed underground." The relevant criteria in the Tigard Comprehensive Plan Polices to this case are polices 2.1 .1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria; and Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. 10. There is an 8-inch sewer located along the eastern boundary of the property. The developer will be responsible for installing the collector sewer lines in the project, and these lines will then be turned over to the City which will own and maintain the lines. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construc- tion and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City-County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as USA, it simply passes these monies on to USA to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than USA charges and keep the difference to offset City costs. Final Order - Page 6 ,j ' • ` • Exhibit A ' Proposal No. 3459 ; Monthly sanitary sewer user charges are a base rate of 813.25 per month glus a consump- tion charge of $.90 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA in the adjacent unincorporated area. USA assesses a property tax which goes toward payment of bonds sofd to construct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 11. The site can be served by a 12-inch water line located adjacent to the property in SW Walnut Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IW6) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same . as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agreement/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges in the Walnut Street area include a $635 system development , charge, plus a $325 installation fee, plus a $210 reimbursement fund fee, for a total , installation charge of $1,170 for a standard 5/8" or 3/4" meter. The bi-monthly user charge is $14.30 for the first 800 cubic feet of water and then $1 .32 per additional 100 cubic feet of water. 12. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's 5.8367 per Final Order - Page 7 • • - Exhibit A' Proposal No. 3459 • . thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that ihe current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emer- gency response in Tigard is under five minutes. 13. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. ' 14. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 430 feet of frontage along SW Walnut Street, which is functionally classified as a major collector. Tri-Met service is available from the #45 Garden Home bus which stops at the corner of SW Walnut Street and SW 121 st Avenue, to the west of the site. 15. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 16. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. . The District uses local improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and mainte- nance costs. 17. Tigard operates a park system funded through its tax base which finances the general fund. The system consists of one city-wide park, one community park, four neighborhood parks and three mini-parks. 18. The site drains into a wetland located in the southeast corner of the property. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. Final Order - Page 8 • o • • Exhibit A Proposal No. 3459 ~ 19. The Commission received a letter from a citizen in the general area of the annexation. The letter expressed concerns about preservation of a natural area, traffic and drainage. Additional information was developed on these topics in an addendum to the staff report. The report noted specific policies and codes which the City has in place to deal with these issues as a part of the development process. Also noted was the fact that the City's rules and methods for dealing with these issues were comparable to the County's and that therefore the annexation itself would have little impact on these issues. REASONS FOR DECISION Based on the Findings the Commissian determined: 1. The proposal is consistent with City, County, and Regional planning for the area. 2. The City can provide an adequate quantity and quality of public services to ihe area. This includes particularly the planning, zoning and code enforcement services which relate to preservation of natural areas, drainage and traffic. These three issues are dealt with subsequent to annexation by the City. Annexation will have little impact on these issues since the City's methods of dealing with them are very similar to the County's methods. 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). Final Order - Page 9 , • • ` . Exhibit B ' Proposal No. 3459 LEGAL DESCRIPTION ANNEXATION TO City of Tigard A tract of land located in the Northwest one-quarter of section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, described as follows: Beginning at a point in the east line of the Northwest one-quarter of said Section 3, said point bearing N 000 46' 00" E a distance or 517.34 feet from the center of said Section 3; thence N 00° 46' 00" E, along the east line of said Northwest one-quarter of said section 3, a distance of 1129.66 feet to the northerly right- of-way of S.W. walnut Street; thence S 780 35' 11 W, along said northerly right-of-way, a distance of 430.65 feet; thence S 000 46' 00" W, para11e1 with the east line of the Northwest one-quarter of said Section 3, a distance of 1044.70 feet; thence N 890 57' 46" E, parallel with the south line of said Northwest one-quarter of Section 3, a di-stance of 421.00 feet to the point of beginning. Containing 10.52 Acres, Final Order - Page 10 • - • • ,PROPOSAL NO. 3 59 SE1/4 NW1/4 SECTION 3 T2S R1W W.M. 2S 1 3BD Washington County Scale: 1 250' X-N uj ,o ~ • l.N ~ ~ A . W o s .ao ' ' ; . ~ i~.::i TIGARD • ~ 1 1~''~ ' IJ~~ ' ~ •I ~ • ` V I •i .:s~enf -r"-u.~~ ,~st'.. ' iOJ~•~N•' • • 'I I' . ~.~r . . . . ; ~ ~ f•: ,ul~r' AREA TO BE :~s: ~ ; ~ ,_~w.. .i.. ANNEXED ~ ~ .r 1w 'iJG : •.Y. -rip;nTT~ ~aCE . • , . ao f[[ vAo I • 4 231 "C , -78 j •s:c ~a j: :i . a. , " 1' • : e°= 4'c 1 A = t ~ - I i `y CARMEN V 'STREcT ~ ~ p 5... . ~ :~c~ t*a: ; :w• .:a: N ~ 1• x ~ ~ ' 4< ~ ~ •J :ry- " i - ;....~Z • :.:r' ...i _ :ao ~ <.oa ;i ir..t.. A: A 1 ~ ' ' l'JAOOf[! t ~ :3J0 .~.w .2 ' .0 HOT -fl` /OR ♦NT NSS saj i ~1 ~ i r ~ ~ r•~: - „-"~.,,-T^' ~ • _ _ • ~ ~ „ ' , • aec: e-•t. . . : . ~ '.r-, ~ s; ~ t I ' 't f ~ . . 1' • i : ~ • .Y~ I C!. • 0\[~~1r. • ~ .....i. 7 . S W,•y LL _FO~NER STREETs . 2S I ' - PROPOSAL NOa 3459 CITY OF TIGARD ANNEXATION FIGURE 2 ~ ~ ~ ~ • PROPOSAL ■ 3 76 NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA Washington County Scale: 1 250' s[[ uu s[[ w.v 23 1. ti 1)CC AlE I~• 100 z v. r , 1GAARDE T T T STREET , t ,,I . . » ~ , :.;c:•}::: Y• ~::~~F;??: U zooo iton iaoo i.oo iloa eoo :~oo xoo;:}::;;:. ( u..e ' .~..r. - ie.~c :.n.c ,.~.a • ~uc ..s>~c I : \ ~ ~ _ ` \ \ .n 1700 y ..r.o. ••L':ti ` a•'• • ~1200 oo .AREA TO BE"!*•.':;. ANNEXED ~ isoo } .o.r. ~ - : , • `'I~ .:'~:~~:•::?i:•:':':''•'~:~' :E MAP ~ I 2100 1100' . ' ,~,\1!'•~ J IOBB I / 1900 L3 1 V~.l~~c. `,V~• i0,0... I ~ ir~.c i,.~~ i.. ~~::i \ S.u•e ~ .ooo soo _ .Jl~C. ~ ~•t • .,..JYAC. . 2200 2300 ~ ~ I ff~C .!!~4 \ . 900, MO ~ I .Ja~c. C. \ : • ` 1 .r i i•» 62pp`,•~•r 00 r. ~ 6000 ~900 .50 " 4200 .100 1000 3900700 36 ' 5~00 '7~00 TR~CT'C" 4 . 22 ' 21 ' 25 ' 26 : 5000 2B ' 29 JO ~3 ~Z 03 =snoo s :.r rl ri J w . R .c : cos~.4, • r..~r'. rj_OUD F. • S.W., Y . McFARLAND s .y C0U..: 6400 3 ~ osoo ..a 5• ~ • :eoo : o i\I 4401 .soo •soo c ~3200 ~ M~ 47 ~BOO ~OB9 1 ~0. + 4400 BOO :9 6 20 i! 10 ~ ••y' ~S e~ ~2 = ~ - r' TIGARD- .e noo~.. . , •~=1 49 zv 00 p. ~ s . o . . riooU~ s' • eci sroo esoo " • , ~oo~• ~ioo ~ 6600 SB 5400 • IO J'l400 m 7• 3 7 9 57 - ° ' ° < :coo D 4402 00 3000• O = 7 ~ sroo S.W.~~~ w'L p • • ~ 5300 z u y / ]CC M~► BE00 69 . TO00 W000 ~'w' ~ . 2500 24 I IC80 w ~ !f 32 WA~ 'G70N COl': S 1 2 L~AIITV [.YT 0/ 91 52 SI00 f [MWafffEtl7UTAl' 13 O7NL-t. ' V S _ ~~6TPfRI~ F011 Att[Rw[M IIrC S DO OM' ~ Y .OON 61C f011C W! scc w.r STREET ~ :s I Aac „EC I G A R C zs i ioeo 2S 1 PROPOSAL N0. 3476 CITY OF TIGARO ANNEXATION FIGURE 2 • • ~ ~ CITY OF TIGARD, OREGON AFFIDAV{T OF POSTING In the Matter of the Proposed Annexation of proqosal No 3476 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, Chris Beattv begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Notice of public hearing of the Annexation of Proposal No. 3476 a copy of said notices being hereto attached and by reference made a part hereof, on the 17th day of Mav 1995 • ~ See attached list of notice locations. (see attached map) Notice #1 - Posted on a 4' survey lath approx. 4' off edge of S.W. Gaarde St. at the northeast corner of proposed annexation nearest to intersection of Gaarde and 115th Ave. Notice #2 - Posted on a 4' survey lath approx. 4' off edge of S.W. Gaarde St. at the northwest corner of proposed annexation nearest to intersection of Gaarde and 117th Ave. Notice #3 - Posted on a 4' survey lath approx. 4' off edge of 117th Ave. adjacent to tax lot 500 which is to be annexed. Subscribed and sworn to before me this 17th day of Mav 1995. rv~ OFFICIAL SEAL Notary ublic for Oregon M JO ANN HAYES N07ARY PUBLIC-OREGON M Commission Ex I'e$: ~ ~ 4 9 9 cotimnissIori No. 0421aa Y PI MY COMMISSION EXPIRES MAY OS, 1999 +c~ ~ DATE 36~~ I o RECEIVED FROM ' , ~ ADDRESS ~ 2 Q gDOLLARS $ ri v~ o; ¢ O n 0 FOR o, p N AMT. ~ ~°.y W a ACCO ~NT CASH ~ Q/ F-NM K 1 ` APAT. PAID CHECK 6+ ~ . ? ~ BADUECE I ORDER ~ BY D+ 1 1 ~ AEL ~ ; ~ / . CITY OF TIGARD OREGON Apri128, 1995 Kelly Paige, Management Analyst Portland Metropolitan Area Loca1 Government Boundary Commission Suite 540 800 NE Oregon Street #16 Portland, OR 97232 Dear Kelly: I am writing to submit the enclosed forms for a city-initiated, double majority annexation request (Tigard ZCA 95-0002) and to request space on the Boundary Commission's hearing of June 1, 1995. The city staff recommended proposal was modified by the city council, thus the corrected forms. The legal description for the modified a.nnexation request was accomplished through exempting parcel 100 from the original description. If you have any questions or need additional information, please call me at 630-4171. Thank you for your prompt attention to this matter. Sincerely, Ray Valone Associate Planner Enclosures 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD ! Tiqard Branch • 1230 o3s N~~ 6 0 2 2 7 13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK Tigard. OR 97223 Ot Oregon (503) 639-4171 Tigard. Oregon VOID AFTER 180 DAYS • . 11/1a t**yF**8:0.00 PAY I *****,3:0 }J 0 L LA R S .;,ti) N C t N T:, TO THE ORDER OF - CITY OF TIGARD °ORTLAND METriO aR_A LOCAL cGUNDARY CO""MISSICN . . • , . . Authorizod Si ro ~ 3CC! ~~E 0~~:~0N ST :T17~ - v~ P;:RT! ;?dC CR y7232- Authorizotl Signuture 1180 60 2 2 7il' 1: 12 3000 2 201: 036 0002 133116 PltilAL GBC FOR1tiI #=s CERTIFIGITION OF LEGAZ, DESCRIPTION ALVD iLL4P I hereby certify that the descriprion of the propeny included within the attached perition (located on Assessor's Map ZS l l O gA ) has been checked by me and it is a true and exact descriprion of the property under considerarion, and the descriprion corresponds to the attached map indicaring the properry under consideration. NAV -~~--P f~- RAu L~ A •!CA ~FF~4ti TITLE Se5lu (0 2 CAP-7-06 R.A DEP:A,RT2vfENT ASSesSI-,--~ i~ 7-4XA776&J COLNTY OF ~J ASt-4 ~ N C. 710 /J D ATE 19 Revised 11/93 LEGAL DESCRIPTION for ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, willamette Meridian, Washington County, described as follows: Beginning at a point S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00 feet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 890 41' 00" W, along the north line of said Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 001 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast I Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' 00" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner ~ of the property described in Book 1027 Page 371 of the Washington County Deed Records; thence N 890 34' 00" w, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way of a private road and a point on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 240 39' 36", and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 000 26' 00" E, along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 890 41' 00" E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 001 00' 00" W a distance of 9.9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 890 41' 00" E, along said right-of-way, a distance of 236.5 feet to the point of beginning. johnrh\s10-t1200.anx i • , LEGAL DESCRIPTION for FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 west, Willamette Meridian, Washington County, described as follows: Beginning at the one-quarter corner on the North line of Section 10, T 2 S, R 1 W, W.M., thence S 000 26100" w a distance of 460.00 feet; thence S 890 41' 00" W a distance of 20.00 feet; to the True Point of Beginninq; thence S 890 41 100" W a distance of 100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet; thence N 890 41' 00" E a distanc f 1 e o 00.00 feet, • thence S 000 26' 00" w a distance of 80.00 feet to the true point of beginning. . johnrh\s10-t1200.anx I N 10 T2S R!W W.M. ~ ~ . 2S I 106A OUNTY OREGON ' 1it = (00I SEE MAP 2S I 3CD f ~ 0 „ 7GAARDE T T -T - T , T STREET 1/4 CORNtR ~ ~ f eeciN cn.411 i I 132 eo 103.5 so 1 . w \ aao e \ • . 546.5 ~ . . . I ' 1. ~ r5oo raoo 1300 eoo 3ob oo'- ~ 1.94AG ° ° ' 4.9~Ac. o . 33AC. .43AC. o .76/JG ~ 33AC . ' ~ - - 0 ~ •`,l• ~ ' , , t ' • 103.5 = , I F • CANCEI LEO TAX ~t ~T! ~ 4300, 5800,4102,~ i ."S, p ~lry ~e w •~fS eO ~ 1l.~S 1200 400 ~ o ~ - .46AC. 1~ ~ e e .37AC. „ \ # ' ~ i ~ A A , N i O ~ ~.M14 _ ~ ~ O C ~ ~ O n ♦ . `L. j Z O - O p `1, , ( 1O0 ~ 131.75 N 131.75 1100 506'\\ lc~ . . _ o .27AC. o 6AC. ~ ioo 100 ~ • 23 ?8 I 31.75 . ~ •_13.I.I,S ~ e I., o . /BAC - o • 1000 600 . ioo 20' W • n N. 35AC. ~ ~.35AC. 2 ' • I ~ ~ - Z - _ _ \ . • , i 131JS 131,75 ~ . . 900 700 ; .35AC. n .35AC. N , . ~ . • - _ • o - ~ ~ ` -.4.,.- . , ~ ~ \ ' • . ~ ~ 330 ~ iaias „~is, „ . . . iss ~ . . . iTe eo.s4. . »o SEE MAi ~ INITIAL POINT 2 . S i I(~ . • ~ ~ PMAL GBC FORItiI #6 BOUNDARY CHAIYGE DATA SHEET ~ 1. EXISTING CONDITIONS IN AREA TO BE ANNE,i'ED OR WITHDRAWIV . . A. Land Area: Acres ft , 3~• S'4 or Square Miles B. General description of territory. (IncIude topographic features such as slopes, vegetation, drainage basiris, floodplain areas, which are pertinent to this proposal). aF Mc 5 .7C ,o so~n+~.a:rr A'i A G•8sa9ti: y~~. Sau~tit'~.fiv 1?nai SL.Ac~j Sa~c:liG.~~S'~ ro ,A- t3yc, 1't{e5E Pr SWAt,t.- Rl-~,J..ic4c c..,iR5- ',~D lits7- b".S %c-t5 7F,:: S~ n. A f'P.ea'C. . i~•~+~ 'n4; ¢.05 0r LzT 2et) i S A G,.)2, 5t-^-,aS C. Describe land uses on surrounding parcels. Use tax lots as reference points. , No rth: 57. A a'1~ o~ Y s c:: A-.t rAe y wil;. c, u East: c,.ti - S . South: cLt 1~.~ s c s West: S;.-J G;,~ 14-...~~5 . D. Existing Land Use: Number of single-family units Number of multi-family units U Number commercial structures C~ Number industrial structures ~ Public faciliries or other uses T~ ak What is the current use►the land proposed to be annexed: S', r•► &.6 E. Total current year Assessed Valuation S_ F. Total existin; popularion Revised 11/93 ~ • II. RF.4SON FOR BO UNDARY CHANGE ~ A. ORS 199.462 of the Boundary Commission Act states: "In order to carry out the purposes described in ORS 199.410 when reviewing a boundary change..., a boundary . commission shall. consider local comprehensive planning for the area, economic, ~ demographic, sociological_projections pertinent to the proposal, past and prospective ' physical developments of land that would directly or indirectly be affected by the proposed boundary change..." Considering these points, please provide the reasons the proposed boundary change should be made. Please be very specific. Use additional . pages if necessary. ('This informarion is often quoted in the Staff Report, so be thorough and complete.) ]l-~ A PPl.~, i S .4 2C (Zc k~: 5~~ v 6 -.J -.1 L;, K-A 1Z ti iv OJL-o C-- (L -TO ,12 C- C,-- l-: L•c /'/to iE vt"1 b J-\ 'J±-, i; iL .Sl°•~nJL: ~ S r L ~.1:(,..t ' B. If the property to be served is entirely or substantially undeveloped, what are the plans for future development? Be specific. Describe type (residential, industrial, commercial, etc.), density, etc. NcZ P%-~ti s J,17 III. LAND USE AND PL,CYNING A. Is the subject territory to be developed at this time? B. Generally describe the anticipated development (building types, faciliries, number of units). ,.J I A C. Is the subject territory inside or outside of the Metro Regional Urban Growth Boundary? iT%) s: 1~ c 12 Revised 11/93 0 • D. What is the applicable County Planning Designaaon? . or City Planning Designation i.d w R,Fs: ~w T,~ 4 L Does the proposed development comply with applicable regional, counry or ciry comprehensive plans? Please describe. i A - ~ E. What is the zoning on the territory to be served? _l.~lL2~,.-iI-- Cl_ (Z-S F. Can the proposed development be accomplished under cunent counry zoning? i ~ o Yes ❑ No ' If No,---has a zone change been sought from the county either formallY or informallY. o Yes ❑ No Please describe outcome of aone change request if answer to previous questions was Yes. G. Is the proposed development compatible with the city's comprehensive land use plan for the azea? ti► 1 ❑ Yes o No o City has no Plan for the area. Has the proposed development been discussed either focmally or informally with any of the following? (Please indicate) ❑ City Planning Commission ❑ City Ptanning Staff ❑ City Council ❑ City Manager Please describe the reaction to the proposed development from the persons or agencies indicated above. --13-- Revised 11/93 . . . • ~ H. Please indicate all permits and/or approvals from a Ciry, Counry, or Regional Government which will be needed for the proposed development. If already granted, please indicate date of approval and idenrifying number: APPROVAL PROJECT DATE OF FVTURE FII.E # APPROVAL REQUIREMENT ~ Metro UGB Amendment I City or County Plan Amendment Pre-Application Hearing (City or Counry) Preliminary Subdivision Approval Final Ptat Approval Land Partirion Condirional Use Variance Sub-Surface Sewage Disposal Building Permit Please submit copies of proceedings relating to any of the above permits or approvals which are perrinent to the anne;cation. I. If a city and/or county-sanctioned cirizens' group exists in the area of the anne.cation, please list its name and address of a contact person. GX T IY. SER vICES AjVD UTILITIES A. Please indicate the following: 1. Location and size of nearest water line which can serve the subject area. ~ 17 4 L..- E5 A LG 14 Revised 11/93 I 2. Locarion and size of nearest sewer line which can serve the subject area. Lz ,..E ~ J S C~.~ I ~ ~ ~ A ~ ~ ~.-E ~ ~ p ~ 3Sk-) cAs 3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can serve the subject area A L a•.r l: /al'P~,~.•~~,,Y 3~~` ~:.~s- oG 4. The time at which services can be reasonably provided by the city or district. UPoti, APP-'Zcv^L af 0-C- 5. ?he esrimated cost of extending such facilities and/or services and what is to be the method of financing. (Attach any supporting documents.) c"s~ ~ bt ~CTtZlliti~.~ n,~ 6 5u A'-% Z -ri -A ~ of A P/I L,7~7NoM) - 6. Availability of the desired service from any other unit of local government. (Please indicate the government.) ~IA 15 Revised 11/93 . ~ ~ ' . B. If the temtory described in the proposal is presently included within the boundaries of any of the following rypes of governmeatal units, please so indicate by stating the name , or names of the governmental units involved. f Ll/a LA'i1 nJ VA l.l, City Rural Fire Dist c Q:. !L~-C: T ' rN llAn1CC 7 S 1Ft Q, if' 1S f~~~Z- 1 Counry Service Dist. u.c,s,Arj ,eoASs • Sanitary District l,t S-A Hwy. Lighring Dist. Water District I Grade School Dist. 5~LAP,,~- a:sr.e,.VC Drainage District High School Dist. " Diking District Library Dist. Park & Rec. Dist. Special Road Dist. Other Dist. Supplying Water Service C. If any of the above units are presently servicing the territory (for instance, are residents in the territory hooked up to a public sewer or water system), please so describe. / It' J~ 2 ~ .~J-~ S p.nrR{~~ (1 •Zsj.A~J /2..'~ /J S /~'~A1 'J I~ n.+~tilC: (1 Ci.~+/Z~ ^ T) G"Cz ~ (.a)ltr"z 2 Q'-S.i S St 2"1-: I"e Z~ -.O27'- APPLICANT'S NA~~ G+Tl' or-~'n iV1AILING ADDRESS ( 3 c 2S S w l~ L~ ,~3 ~-•~p . i1C~A/~Z . 02 5-722,3 , .A c i ~ a TELEPHONE N[.TMBER (z, d 1 -7 1 (Work) (Res.) REPRESENTING DATE: 16 Revised 11/93 • • PAL4 L GBC FORltit #19 (This form is iVOT the periaon) ALL OWrV RS OF PROPF.RTY A1YD/QR REGISTERED T/OTERS INCLUDED liV BOUNDARY CHANGE PROPOSAL ARF-4 (To be completed IF the proposal contains 10 or fewer land owners/registered voters. Please indicate the name and address of all owners/voters regardless of whether they signed an annexarion petition or noG) This is foc norificarion purposes. NAIVE OF OWNERNOTER .4DDRESS PROPERTY DESIGNA?ION (Indicate tax lot, section number, Township and Range) (1) 7'0•...~ ~s P:Z S~ v~'/►, iPa ~'a / vv ~sf (7) ~Gi:•N1 ~J.~ ~ ~'ti~~ /~u~yG' ~ G(J a,5`~' ~ee971,~y ' M / i1 . .i~~- i c'~ •T / i~,~ ~ - . / . l«71c: ~ ~1 ` - L r:; a.±~ _7 L Zr' •T . . ~h: ~_2.~~ia~ ~ ° / (4) 72 oo-S'e,/_., iv. Tovn~~iP ,p So„~y y- Tl, 3p6.f-~ (5) 1171. Toc-rr•f,y,2 (6) (7) 20 Revised 11i93 • 0 PMAL GBC FORJI #19 (continued) (This form is iVOT the petirion) ~ A1 ~ VD/OR RE'GISTFRED VOTE S I~VCL UDED ZBOUMNDAR WVERS OF PROPERTY ~LL OCHANGE PROPOSAL ~E - (To be completed IF the proposal contains 10 or fewer land o rs/registered voters. Please indicate the name and address 'oF all owners/voters regardles f whether they signed an annexation petirion oc not.) ?his is for norificarion purpo s. NAIV1E OF OWiNERNOTER ADDRESS / PROPERTY DESIGNATION / (Indicate tax lot, secrion number, / Township and Range) / (s) ~ . i (9) ~ ~ (io) / / 21 Revised 11/93 i • P:tiL4L GBC FDRIy! #?o DO UBLE XL4J0RITY IvORK SHF.ET Please list all properties/registered voters included in the proposal. (If needed, use sepazate sheet far additional listings). - PROPERTIES Property Assessed S«ned etinon Designation Name of Owner Acres 'Jalue Yes I No (T'ax Lot #s) , f~, ••s < Ti~.,r ~%~:~J~~'~~ ~ O G C) ~i - I AI ~<~vJ►~ YWI ~ y 9~ r ~ /Jr--~ . 30 0 ~ 33 o 300 A/:, . qhx:,G wc,.~ I I I I 4 1 I I TOTAI,S ' • ~ > 2i a2.0 O ~ ~ ~ ' Revised 11/93 ~I ~ • P:tiL1LGBC FORlVI #20 (continued) I REGISTERE'D vOTFRS ADDRESS OF REGISTERED - ' N~NEE OF REGISTERED SIGNED PETITION Voter Voter Yes No ~ s rl ~~a' Q2 ~i7ZZ 1 G' c~ ~ ~7ZZ inC 9 C/GnCi ~e 71-n~74 ri~ti`► G ,;9~, , ~X .1 , 117 I O T'OTALS SLrl&URY TOTAI. NLTiNIBER REGISTERED VOTERS I~~i THE PROPOSAI. ti'I,,tifBER OF REGISTERED VOTERS WHO SIGNED ~ PERCENTT'AGE OF REGISTERED VOTERS WHO SIGVED +Z~~jC ~C)o TO?AL aCREAGE TV PROPOSAL ACREAGE SIGiNED FOR PERCENTAGE QF ACREAGE SIGv-ED FOR 23 Revised 11/93 P1ti1A L GBC FORItiI #15 PETITION FOR AVNEYMON TO THE CITY OF OREGON ?0: The Council of the City of Oregon We, the undersigned property ownen of and/or registered voters in the are3 descnbed below, hereby petirion for, and give our consent to, annexarion of the area to the Ciry of If approved by the city, we further request that this peririon be forwar ed to the Portland iNfetropolitan Area local Government Boundary Commission for the necessary procedures as prescribed by ORS 199.490(2). ?he property to be annexed is described as follows: (Insert Lea a! Description I:ere OR attacl: it as Exliibit "A 17 Revised 11/93 PETITION SICiNERS NOTE: This pulition rnuy bu sipnud Uy (iuuliliuJ pnrsons nvnn thou(ih dtdy mny not know the,fr property dnscriptlon ur pracinct numbdr. SIGNATuRE PRINTED NAME I AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT r DATE PO RV OV LOT M 1/4 SEC. T R Ilf , >T C. ~~s•~' ~ /5' .3s"3~~n'l,• a.v~ ~ Gc' Nw to ILA) - ; ~-l(~, ,ZG G ' - ✓ ~ e- /%IjS~~~L~~ ( c) w / ~~N. , ~ .S6Y <7 r) d ~ ~ ~ L57Gl/ / /O ~,C ~fli . • PO = Pruporly Ownur RV = Repistered Votnr OV = Ownur Voler i F • CITY OF TIGARD, OREGON• RESOLUTION NO. 95-~~D A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE ! TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B , (ZCA 95-0002). WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to consider the annexation of four parcels consisting of 5.50 acres located south of SW Gaarde Street and east of SW 117th 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 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 #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: The City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and 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 the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This o;)S~ day of , 1995. Mayo City of Tigard AT ST: Cit Recorder - City of Tig d ,Certified to be a True Copy of L o~S lCt cCs- Original on file Z~t~~ Date RESOLUTION NO. 95-0 ~ ~y: Page 1 City IRecorder - City of Tiga ` v S~ • • EXHIBIT A ~ LEGAL DESCRIPTION for ANNEXATION A tract of land situated in the Northeast one-quarter of the I Northwest one-quarter of Section 10, Township 2 South, Range 1 I West, Willamette Meridian, Washington County, described as follows: ~ Beginning at a point S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 00° 26' 00" W, 640.00 feet to the Initial point of the Subdivision Plat of Shadow Hills , as recorded in Book 42 Page 41 of the Washington County Subdivision ' Records; thence S 89° 41' 00" W, along the north line of said ' Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' 00" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 26100"E, alang the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 00° 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the Washington County Deed Records; thence N 890 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way or a private road and a point on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 24° 39' 36", and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 00° 20' 00" E, along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 89° 41' 00" E, along said south right-or-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 000 00' 00" W a distance of 9.9 feet; thence N 890 41' OQ" E, along the said right-of-way, a distance ofr 182.82 feet to the angle point in said right-of-way; thence v 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 89° 41' 00" E, along said right-of-way, a distance of 236.5 feet to the point of beginning. ' • • LEGAL DESCRIPTION for FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATIOIV A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at the one-quarter corner on the North line of Section 10, T 2 S, R 1 W, W.M., thence S 000 26100" W a distance of 460.00 feet; thence S 89° 41' 00" W a distance of 20.00 feet; to the True Point of Beqinninq; thence S 890 41 10011 W a distance of 100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet; thence N 890 41' 00" E a distance of 100.00 feet; thence S 000 26' 00" W a distance of 80.00 feet to the true point of beginning. ,ohnrh\s10-c1200.anx LAlli3dil L . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . ...~Fa.~R.. . . ~ . ~ . . . . . . . . . . . . . . . . . . . . . . . 6 . . . a. . . a . . <A . . ~ . . . . . ~ . . . . . . ~ . . . ~ . . ~ ~+.-z.- ~ . ~ . . ~ ~ . . 1- a O . . ~ •V~• .Mou ~ . . . . ~ W . . . . 0 . 7... . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . : : ~ . . . . . . Z . . . . . ~ . . . {EWINOI'JNT•'•~N . . Z . . . . . . . Z . . . . . . . • : . . . . . . . . . . . . . ~ ~ . . . . Q . . J a o . oc Q . . ~ - ~ . . LL . . O . . } . . . . . . . . : . . . . . . . . . . . . . . . . . . . . ~ ~ . . . . . . . . . . . . Z . ..I.~:~~~R~Rk:~~4A1F~:•:~~:L:V:f3•:•.•.•::: ~ . . . 0~~~~~~~ . . . . . . : T : ~ T . . . . . . : : . . . . . . . . . . . . . . . . . . G~" . . . ' . . ' . : . . : : : : . . . . . . . . ' : : . . U . . . ` VICINITY EXHIBIT MAP AfiEA CURRENTLY . WITHIN CITY LIMITB ~ NORTH f AREA TO 8E ANNEXED Scais 1,400• ZONE CHANdE WA$NINGTON CO. R-b F E E T TO TIQARD R-4.5 0 400 $00 wanoArnocorMiLeorour*W.sstoro aixrios ' . t ~ ~ LEGALrDESCRIPTION for ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at a point S 00° 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00 feet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 890 41' 00" W, along the north line of said Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' 00" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the Washington County Deed Records; thence N 890 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way of a private road and a point on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 240 39' 3611, and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 000 26' 00" E, along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 890 41' 00" E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 000 00' 00" W a distance of 9.9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 890 41' 00" E, along said right-of-way, a distance of 236.5 feet to the point of beginning. ~ • . ' LEGAL DESCRIPTION for FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at the one-quarter corner on the North line of Section 10, T 2 S, R 1 W, W.M., thence S 000 26100" W a distance of 460.00 feet; thence S 890 41' 00" W a distance of 20.00 feet; to the True Point of Beqinninq; thence S 890 41 100" W a distance of 100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet; thence N 890 41' 00" E a distance of 100.00 feet; thence S 000 26' 00" W a distance of 80.00 feet to the true point of beginning. johnrh\s10-t1200.anx ~ J . . . . . . . i , . ...~A~I-R-F4 •~f:Ef~~:~'~'•:•:~.•.~.~ ~ . . . ' . . . . . . . . . . . . . . . . Q . : : . . . . . . . . . . . . . . . . a . . . . . . . ~ . . . . . :~.....:.~~~...:i"N...:.....:.:.::.~.~::~. : . . . . . . . . . . . . . . . . . . , ~ ~ . . . . . . . . ~ . . I- . . . . . . ~ . . . o . ~ ~ . . i~oii a . . . . . W . . . . : ~ ~ . . ~ . 0 . . ~ ~ . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ _ : . . . . : ' ~iEW~Af7U~VT•:.' . . . z ao . . . z ~ : Q . . . . . . . . . . . . . . . ~ J a ~ . oC Q ~ ~ . : . ~ . . . . . . . . . . . . . . . . . . : . . . . . . ~ . . . . . . . . . ~ . . . . . . . . . . . . . . . . . < . . . . . . ~ , . . . . . . . . . . . . . . . . . . . ~ . . . . . ' T ' ' F=- ".'.'•:•::L:V:Q~.~.~.~.~.~..... :-D'::~:1' .T . . - V . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . VICIiVITY EXHIBIT IVIAP 0 WT C N ITYELIMIT8 ~ AREA TO BE ANNEXED NORTH scaie r=soo• ZONE CHANaE WASHINGTON CO. R-6 ' FEET TO TIQARD R-4.6 0 400 800 ►e%aenAnnowvvMLenrovunMxmowo 8i117i95 ~ ~ CITY OF TIGARD, OREGON ~ ORDINANCE NO. 95--0(n AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 95-0002). WHEREAS, the Tigard City Council held a public hearing on April 25, 1995, to consider a zoning designation for three parcels located south of SW Gaarde Street and east of SW 117th Avenue; and WHEREAS, on March 14, 1995, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely approximates the Washington County land use designation while implementing the city's existing Comprehensive Plan designation of Low Density Residential. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax Map,, Lot Number Current Zonincx New Zoninct 2S1 lOBA, lots 200, Wash. Co. R-5 Tigard R-4.5 300 and 500 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By ty-\ 2-i0 r, k-L, vote of all Council members present after be ni g recad by number and title only, this day o fL. , 1995, ty Reco er a herine Wheatl/af APPROVED: By Tigard City Council E's , 1995 . 1~s Ni oli, yor Approves to form: City Attorne 4/25 s- Date ORDINANCE No. 95- 0lY Page 1 r ~ • ~ Y CITY OF TIGARD, OREGON RESOLUTION NO. 95-~~C) A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0002). WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to consider the annexation of four parcels consisting of 5.50 acres located south of SW Gaarde Street and east of SW 117th 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 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 #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: The City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and 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 the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of 1995. MayZ~City of Tigard AT ST: 76-9-.Z Recorder - City of Tiga d Qs iqqs- Date RESOLUTION N0. 95-OC) Page 1 • • EXHIBIT A ► LEGAL DESCRIPTION for ANNE:tAT I ON A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 west, Willamette Meridian, Washington County, described as follows: Beginning at a paint S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00 reet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 89° 41' 00" W, along the north line of said Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 00° 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' QO" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E. along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the Washington II County Deed Records; thence N 890 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of I~ said deed and the east right-of-way of a private road and a point ~ on a curve to the left; thence along said curve with a radius of 65.00 feet a delta of 241 39' 3611, and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 001 26' 00" E. along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N$9° 41''00" E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 000 00' 00" w a distance of 9.9 feet; thence N 89° 411 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 890 41' 00" E, along said right-of-way, a distance of 236.5 feet to the point of beginning. • • ~ LEGAL DESCRIPTION for ~ FOR AN EXEMPTION FROM THE ABOVE DESCRIBED ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at the one-quarter corner on the North line of Section 10, T 2 S, R 1 W, W.M., thence S 000 20'100" W a distance of 460.00 feet; thence S 890 41' 00" w a distance of 20.00 feet; to the True Poiat of Beqinninq; thence S 890 41 100" W a distance of 100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet; thence N 890 41' 00" E a distance of 100.00 feet; thence S 000 26' 00" W a distance of 80.00 feet to the true point of beginning. johnrh\s10-c1200.anx ~hHlnl'1' ti I . I Addkk . . . . . . . . . . . I . . , , . . . . . . . . ~F~t•IR.. . \'f.Ei~(•'•'•:.•.•.•.~.~ . . . . . . : . . : . . . . . . . : . . ~ '~w• . .Q• d. . . . ~ . . . . . . . " . ~ . . . . • . • . • . . . . . . . . . . . . . . . . . . . . . : : . . . . : . . . . . . ~ . ~ . . . . . . . . . . . . . . . . ,r:,' • . : : . . . . . ~ . . . . o,~ . . ~ ~ . ~.+~I a- . . . . W . . . . . 0 . 0.... . ~ >1 ~ Z . . . . _ . . t[iEWINQUNT•'•LN. z . . . . . . Z . . . . . . . . . . . : • . . . . . : . . . . . . . . . . . . . . Q . . . . _I a . ~ . oc Q . c~ - . ~ . . . LL ~ o . . _ . . . . . . . . . cc . . . . . . . . > . . . . . . . . . . . . . . . . : . . BL . . . . . . . . . . . . : z . . . . . . . . ~ . . . . ~ ~ Q•. . . . . . . . . . . . . . . . . . . . 77 . . . . . . . T~ U . . ~ . . • . . • . • . . . I . . • . . . . . . . . VICIiVITY EXHIBIT MAP ~ WTHN CITYEUMIT9 ~ NORTH ~ AREA TO BE ANNEXED Scaie 1'.700' ZONE CHANGE WA3HINGTON CO. R-6 F E E T TO TiGARD R-4.6 0 400 800 K~aaa~rraeowrEtacrauwocntaro ~s~ioe f • CITY OF TIGARD, OREGON • ~ I ~ RESOLUTION N0. 95-~ A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0002). WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to consider the annexation of four parcels consisting of 5.50 acres located south of SW Gaarde Street and east of SW 117th 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 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 #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: The City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and 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 the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1995. Mayo City of Tigard 7 AT ST: Cit Recorder - City of Tiga d "L ~S l~t~tS- Date RESOLUTION NO. 95- D C) Page 1 . EXHIBIT A • • LEGAL DESCRIPTION for ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, willamette Meridian, Washington County, described as follows: Beginning at a point S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 00° 26' 00" W, 640.00 ~ feet to the Initial point of the Subdivision Plat of Shadow Fiills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 890 41' 00" W, along the north line of said Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 00° 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' 00" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-oi-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the Washington County Deed Records; thence N 89° 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way of a private road and a point on a curve to the left; thence along said curve with a radius of 65.00 feet a delta af 240 39' 3611, and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 001 26' 00" E, along the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 890 41' 00" E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 000 00' 00" W a distance or 9.9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said righL-of-way; thence N 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 890 41' 00" E, along said right-of-way, a distance of 230.5 feet to the point of beginning. . I LEGAL DESCRIPTION for FOR AN E:CEMPTION FROM THE A.BOVE DESCRIBED ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, washington County, described as follows: Beginning at the one-quarter corner on the North line of Section ' 10, T 2 S, R 1 W, W.M., thence S 000 20'00" W a distance of 460.00 feet; thence S 890 41' 00" w a distance of 20.00 feet; to the True Point of Beginnin4; thence S 890 41 100" W a distance of 100.00 feet; thence N 000 26' 00" E a distance of 80.00 feet; thence N 890 41' 00" E a distance of 100.00 feet; thence S 000 26' 00" W a distance of 50.00 feet to the true point of beginning. I johnrh\s10-t1200.anx ~ ~XHlnl'1' b i ` . ' . . . . . . . . . . . . ./~IR . . . . . . . . . . . . • . . . . . . ' w ~ : . . . . . . . .Q • . . . . .d. . . . W..•:l,~l.....•:...•.•.•:.•.~:.•:.•..::::•;:... . ~ ~r ~ . . c~: • . . • • . . . . : ~i . . . . . . . . . . F- . .,v o~, . . . . : . :V: : ~.MOu a- . ~ . . . W . . . . . . . . . . . ~ . C~ . . . Z . . . . . . . _ . . . . . . . . . • ~liEWtNf7UNT•'•LN' . Z - . . . . . . . . . . . . • Z r . . . . . . Q . . . j . a ~ oc Q c~ - ~ . u. . o . . ~ . . . . . . . . ' ' ' '_'_'.M'~~.;q• . . . . . . . . . . . . . . . : : : : . . . . :':p~,:.: : . . . ' : . . . . . . . . . . . . . . ~ . 1 : ~ / .~~~.~.~~1r.V.~•.~.~.~.~. V ~ . . . . . . ~ ~ - . . . . . . : . . . . . . . . . . . . . ~ . . . G~" . . . : . . . . ~ ~ . . ~ ~ . . . V . . . . . . . . . . . . . . . . . . . . . . . . : . . . . ~ ~ : . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . VICItViTY EXHIBIT MAP ~ WTHN CITYELIMR9 ~ NORTH ~ AREA TO BE ANNEXED Scue 1',300• 20NE CHANGE WASHINGTON C0. R-6 F E E T TO TIGARD A-4.5 ' 0 400 800 ►r%awAr%noeovvamrowocxmcWo y:sros . • , I , • AGENDA ITEM For Agenda of Apri], 25, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Chancte Annexation ZCA 95-0002 PREPARED BY:_ Ray Valone_ DEPT HEAD OK CITY ADMIN OK L~n ISSUE BEFORE THE COUNCIL Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of four parcels consisting of 5.68 acres located south of SW Gaarde Street and east of SW 117th p,venue? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation request to the Boundary Commission and to assign a zone designation to the property in conformance with the city comprehensive plan. INFORMATION SUNiMARY The proposed annexation consists of territory comprised of four parcels of land, totaling 5.68 acres, which is contiguous to the City of Tigard. The applicants' request annexation in order to be eligible for sanitary sewer service. Because the territory is located within Tigard's active planning area and has already been assigned a comprehensive plan designation of Low ' Density Residential, the City Council only need assign a Tigard zone designation to the property. Attached is a resolution initiating annexation and an ordinance to change the zone designation from Washington County R-5 to Tigard R-4.5. ~ OTHER ALTERNATIVES CONSIDERED Deny the request. FISCAL NOTES Since the territory is within Tigard's active planning area, the city is ' responsible for the Boundary Commission application fee of $850. . • • STAFF REPORT April 25, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0002 REQUEST: To annex four parcels of 5.68 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-5 to City of Tigard R-4.5. APPLICANT: Brad & Kitty Fudge Marvin & Helen Eberting 14235 SW 115th Ave. 14040 SW 117th Ave. Tigard, OR 97224 Tigard, OR 97224 OWNERS: Same LOCATION: South of SW Gaarde Street and east of SW 117th Avenue - WCTM 2S1 lOBA, lots 100, 200, 300 and 500 (see vicinity exhibit map). 2. Vicinity Information Properties to the east and west are in Washington County and zoned R-5. Properties to the south are in the city and zoned R-2. These parcels have single family residences on them. North of the site is St. Anthony's Cemetery, which is in the city and zoned R-4.5. 3. Background Information The applicants approached the city with a request to annex the property. No previous applications have been reviewed by the city relating to these properties. 4. Site Information and Proposal Description The northern half of the site slopes downward from northwest to southeast at a 10% grade. The southern part of the site slopes downward from southwest to northeast at a 13% grade. A swale running west to east bisects the site. Approximately two thirds of parcel B is a Christmas tree farm. There are single family houses on parcels A, B and C. Parcel D is vacant. The proposed annexation site has approximately 425 1 . ' • • feet of frontage along Gaarde Street, which is functionally classified as a major collector. , The applicants, owners of three of the four parcels, have requested that the 5.68-acre site be annexed to the city by means of the double majority method. Representing the owners of more than half the land (97$) and a majority of the registered electors (67%) of the area proposed to be annexed, , the applicants have initiated this action through their written consent. The fourth property, parcel A, has been included in the annexation proposal without the owner's consent because of its location. It is surrounded by, and ' depends upon parcel B for its access. Efficient delivery of facilities and services is the primary reason for its . inclusion. City staff prefer to have parcel A be part of the annexation proposal. The Police Department, in particular, wants the parcel to be included with the annexation because of the confusion involved during police response if it is left out. The proposal includes the request to initiate annexation to the city and to change the zone only on the property. Because the property is in the city's active planning area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. Aqency Comments The Engineering Division, Tigard Police and Water 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. 8. FINDINGS AND CONCLIISIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and Tigard Community Development Code chapters 18.136 and 18.138. 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 Central 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, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department and other service providers indicate 2 ' • • . 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 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. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serv.e 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. 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 established area on the development standard areas map of the comprehensive plan. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0002. 3 ~ . FIA•VE{~F.•:.•..~.~.~.~.~ ~~E1Af:V4~: . U-•4ti .;'A:.:~ a O ~ : :MOU W . . 0 .;:►:t 0 . . Z . ~f~~ oui.~....~iv ~ Z ~ Z . ~ . . Q J a ~ o ~ oC a c~ - ~ ~ ; o . > . . . a . ~ . . ~ z . . ~ fv{CF:~1f?.•i..NQVD ..~?D•:... . : ~ . V . VICINITY EXHIBIT MAP ~ WAREA ITHIN CCTYELMITS ~ NORTH ~ AREA TO BE ANNEXED Scaie 1•400• ZONE CHANGE WASHINGTON CO. R-5 FEET TO TIGARD R-4.5 0 400 800 A REFER TO STAFF REPORT M\dISDATTOCON\NM9DW0\AHNE%22tDW0 7/27/9E • • CITY OF TIGARD, OREGON• , RESOLUTION NO. 95- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0002). WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to consider the annexation of four parcels consisting of 5.68 acres located south of SW Gaarde Street and east of SW 117th 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 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 #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: The City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and 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 the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1995. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard Date RESOLUTION NO. 95- Page 1 • • • EXHIBIT A LEGAL DESCRIPTION for ANNEXATION A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, willamette Meridian, Washington County, described as follows: Beginning at a point S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00 feet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 890 41' 00" W, along the north line of said ' Subdivision, a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 00° 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the S uth ~ o east Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; thence S 890 41' 00" W, along the south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131.75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the Washington County Deed Records; thence N 890 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way of a private road and a point on a curve to the left; thence along said curve with a radius of 05.00 feet a delta of 240 39' 36", and a length of 27.98 feet to a point of tangency being on the west line of said deed; thence N 00° 26' 00" E, a? ong the west line of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 891 41' 00" E, along said south right-of-way, a distance of 7 feet more or less to a angle point in said south right-of-way; thence S 00° 00' 00" W a distance of 9,9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 000 00' 00" E, along said right-of-way, a distance 9.9 feet to an angle point; thence N 890 41' 00" E, along said right-of-way, a distance of 236.5 feet to the point of beginning. joharh\s10-t1200.anx . EXHIBIT B ' . . T: Q , p; . m~.:~:•::::: ~ m: ~ . . : laaaa E~F.' . .p::.:•:.•.:•:::. ~ a w 0 ~ z - z z Q ~ a V.,~ MOUNT:1 N ~ I.i Q V ~ laaaa . . LL ~ . ~ ~ ~ • I > Q ~ 100100 . . : • V :•::•::•M ~ . ~ •D! ; ~ • ; ~ CF}~RLR~1Q:•:B{:~.V.~D:•:::•::.~:.':.:•::::.::.''.. U v . . . . •:V611 • ~ 1N • O. ~ VICINITY EXHIBIT MAP ~ CITY NO TH ~ AREA TO 8E ANNEXED Saa1e t•.400' ZONE CHANGE WASHINGTON CO. R-5 FEET TO TIGARD R-4.5 0 400 800 W\csoAr\nccov\►E.sowcuNKTxuwwo 3i27i9e •.V" .Ei~}::.:~:.~::: ; . ~ . ~ ~111~:•: ' . ' .;6: : : ' ; O,Q Q. W ~ ~ - Z - _ . a F - J i a . ; cc - ~ <t . ~ . LL ~ . O . . ~ ~ . . . . ~ z : ~ mc : ~ t~~~Nfl~::E3~l::~VD~:~ ~ ~ . . . . . . . V . . ~ \/lCi1VITY 'EXHIBIT MAP ` AREA CURRENTLY WITHIN CITY LIMITS , NO TH ~ AREA TO BE ANNEXED Scal• r.300• 20iYE CHAfVGE WASHINGTON CO. R-5 . FEET TO TIGARD R-4.5 O 400 800 A REFER TO STAFF REPORT r µ%ouoArnocov\wasowawwo~wwa s.~!n! ~ 4'~ iM#i~ ~ • • I COMMUNITY NEWSPAPERS, INC. Le9a, P.O. BOX 370 PHONE (503) 684-0360 NOtiCe TT 815 5 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 13125 SUd Hall Blvd. •Tigard,Oregon 97223 • ❑ Duplicate Affidavit • • ~ The following ' 122, at 7:30 F Hall Boulevar ' from the Comi AFFIDAVIT OF PUBLICATION location or by testimony in 9 ' STATE OF OREGON, ) Avenue. APP COUNTY OF WASHINGTON, )SS' policies 2 and~ A, .,Kathy Snyder 18.138. ZONE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theT; cr~aYr-TUalatin T,i TT8155 - Publ a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Hearing-Zone Change 95-0002 FudqP RECEy VED a printed copy of which is hereto annexed, was published in the ° I entire issue of said newspaper for nNF successive and APR.1 7 199~ consecutive in the following issues: Cirv oF YIc;ARD ' April 13,1995 Subscribed and sworn to f re me this13th cj=%of APrj1, 199 ~ ,J'',r ;FFi~iFl. ,,EAi_ j' NUl);,,';•M;Nl!C - OrEGCiN I!. c;or,~ ~,~,~a~a Nc). 024352 S Notary P lic for Oregon J ;'il' G!:L~'. i~~~.! ~;.;r~;~:;5 ,~Y i' My Commission Expires: AFFIDAVIT _ • • COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 NotiCe TT 815 5 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 13125 S69 Hall Blvd. • Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit • • The following wilf `'cred by thc Tigard City Council on'Aptil 25• 1995, at 7:30 P.M., at igard Civic Center, Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon. Further information may be obtained from the Communit Develo ment Dir y p ector or City Recorder at the same AFFIDAVIT OF PUBLICATION location or by calling (503) 639-4171. You are invited to submit written testimony in advance of the public hearing; written and oral testimony STATE OF OREGON, ) will be considered at the hearing. The public heazing will be conducted in COUNTY OF WASHINGTON, )SS' accordance with the applicable Chapter 18.32 of the Tigard Municipal .,Kathy Snyder Code and any rules of procedure adopted by the Council and available at City Hall. • being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTi qarrl-Titalatin T,in pUgLIC HEARING: a newspaper of genecal circulation as defined in ORS 193.010 and 193.020; published at Ti!qard in the Z0NE CHANGE ANNEXATION (ZCA) 95-0002 FCJDGE aforesaid county and state; that the A request to annex four parcels of land containing 5.68 acres to the City Hearing-Zone Chan!ge 95-0002 FLdqP of Tigard and to change the zone from Washington County R-5 to Tigard rinted co R-4.5.. LOCATION: South of Gaarde Street and East of S.W. 117th a p py of which is hereto annexed, was published in the Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan entire issue of said newspaper for nNF successive and policies 2 and 10; Community Development Code chapters 18.136 and consecutive in the following issues: 18.138. ZONE: Currently Washington County R-5. TT8155 - Publish April 13, 1995. April 13,1995 Subscribed and sworn to f re me thisl3th cl ar af AprJ 1,1;99;5`~~: eREGcN k; W). 024352 Notary P lic for Oregon ,.My Commission Expires: r ~~J -AFFIDAVIT _ • - . ' • 14165 SW 115 Avenue Tigard, OR 97224 April 13, 1995 City of Tigard Staff Planner Ray Valone Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 REF: File ZCA 95-0002 / Title: rudge / Application for Annexation Dear Mr. Valone: I am writing to protest the annexation into the City of Tigard of my property which is surrounded by Brad and Kitty Fudge's property on 115th Avenue. I do not share Mr. and Mrs. Fudge's desire for the police protection which living inside the city limits would afford them. If my home were located on a well-traveled street which was regularly patrolled by city law enforcement, I would not hesitate to contribute my fair share of tax for such service. In fact, I am not opposed to paying the city taac-- that is not my essential argument against annexation. I wish the City to consider the fact that owners of neighboring properties, particularly Mr.and & Mrs. Lynn Hatch and others located on Gaarde Street have not requested annexation. I was also under the impression that the City was no longer actively engaged in forced annexation of properties which lie within the Walnut Island. Actually, I thought it had become the position of the City NOT to annex properties unless requested to do so by property owners on a case-by-case basis. I am NOT requesting annexation, and am perplexed that the City would utilize its power of double-majority to include my property along with the requested annexation of Mr. and Mrs. Fudge's property. If the City plans to exercise double-majority to annex properties within the Island, it would seem properties along Gaarde and 121st which already benefit from routine law enforcement protection would be more viable candidates for annexation than a small, semi-rural residence situated off the beaten path. Please reconsider the proposed action. I am requesting that my property NOT be annexed at this time. Sincerely, ~ Linda Quandt * 4- ~ (503) 639-4463 home (503) 768-73 3 2 weekdays ~ annexpro:lq ..~D • . OldGlory I . ~ ,Q ~ Linda *Quandt 0 , 14165 SW 115th Ave. LQ a~- ~Z' Tigard, OR 97224 ~ P~~ C3 N C~~ City of Tigard Staff Planner Ray Valone ~ Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 02 i From: FINANCE/01181 Subject: Re: Fudge annexation proposal To: RAY X-To: FINANCE/RAY Date: 12 Apr 95 15:03:45 4~ From: FINANCE/RAY G Subject: Fudge annexation proposal t To: 01181 C X-Tos 01181 C Date: 12 Apr 95 10:11:34 ~ Would you please write me a short memo about what Chief Goodpastor told you C regarding inclusion of the amall parcel in the annexation along Gaarde 0 Street. Please include the reason(s) the Chief wants it included. I might C need it for the record. Call me if any questions (x336). ThanksO ********,r****,r*********************************************************,r**,r** It is the Police Department's position that there should not be an isolated single piece of property allowed not to be annexed into the city when the surrounding properties are annexing into the City. The single property would benefit from the annexation as the other property owners would get total city services including police patrol, which has a apill over effect to that single piece of property. The single property would not get any service from the county to speak of, and in an emergency the City police would, under mutual aid, most likely be the firat responder until the county could get some one there. Kelley Jennings/ Crime Prevention Unit • ~ . REQUEST FOR CONIIMENTS T0: Kelly Jenninqs DATE: March 27, 1995 FROM: Tigard Planning Department RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-5. Attached is the vicinity map. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by April 6, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Ray Valone, ext. 336 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ~ We have reviewed the proposal and have no olajections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenti Phone Number: ~ 2- ~ ~oL(,~,~-~ Coa~l~2s~~u.~ ~►7~ ~-c.c.,,a(' ~-~~o(qS; 44~-EV~v,fl l SNM L L P.A (-e'L lJ ~j1.C~ ~J 11f~: L-42~ ~ P.st 2GC Z, ( N Lc,--6 eh t..~ I~k1: A~uN L-~ktrlb.J ~~'~S~c ~J.~ %tifti Gv~~u.5~~,v %~C~- ~ c.✓o~-t~ Ga-~.5~,/> i F o wf" . . • REQUEST FOR COMMENTS I TO: +Michael Anderson DATE: March 27, 1995 FROM: Tigard Planning Department RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-5. Attached is the vicinity map. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by April 6, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. ~ STAFF CONTACT: Rav Valone, ext. 336 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ~ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ~ Written Comments: L~l~.~i4~~ 1~/I.OP~'~~9° OGtJti/6✓LS ~ h~~ L02 0„~ 7W Ar 4i-82526 1b*V6- jyk000*5) .4h~~ &VaIVi~~ 7v 7wpx- j'T9's k- "vGO --i~ ~ m- AX7~"&P -X Se1X/Al" P'TY: - ~F661 525- Name of Person Commenting: , Phone Number: • • . REQUEST FOR COMMENTS TO: +Mike Miller DATE: March 27, 1995 FROM: Tigard Planning Department RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-5. Attached is the vicinity map. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by April 6, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Ray Valone, ext. 336 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: V We have reviewed the proposal and have no objections to it. Please contact of our office. ' Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number : ~C ~5675- ~ I • ~ r REQUEST FOR COMMENTS ~ TO: General Telephone/Enqineerinq Office DATE: March 27, 1995 i FROM: Tigard Planning Department RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-5. Attached is the vicinity map. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your commencs by April 6, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phor►e the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall I Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Ray Valone, ext. 336 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: ' . • • ~ O r• .•t : .ti.: ~ : ~ 4' E1 . . . . . . . . . • . . . . • . . . . -v: ~ . : . . . . . . . . . . . . . . , . . . . . . . ~ . H . .T.•:.::•:'~ . . ~ . . . . . . 0 . . . ~ : ~ . . Z : - ~ : ~ ...4~ ~ ~ . . . c~ Z . . . p : . . . . . Z Q J a MOUNT..:ttj :•::•::i• :•::::i••: ~ . . . . . . . : 1.~ . . . . . • ivz . Q V . ~ ~ LL . . . . ~ . 0 , ~ . > . . ~ . . . z ~ : . . ~ :•::•::~MCF}ii3L'Fa~Vt9:::::•:: U U ~ ......BLV•D:•::::•:.~:.'~ .0.... T . . . .r. i•r.:•r.:•.i•rr.:•. . . • • • . . . . ~ •..':.•.:'W.{ ..y~V ' ~ . ~ ~ ~ ~ ~ . . ~ ~ ~ I VICINITY EXHIBIT MAP ~ W~THIN CCRREN~'TS NO TH ~ AREA TO BE ANNEXED Soale t•.400' ZONE CHANGE WASHINGTON CO. R-5 FEET TO TIGARD R-4.5 0 400 800 ~ A4\GISDAT\TIGCOV\NELSDWG\ANNEX271OWG 7/II7/96 • • REQUEST FOR COMMENTS T0: PGE/Brian Moore DATE: March 27, 1995 FROM: Tigard Planning Department RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-5. Attached is the vicinity map. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by April 6, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Ray Valone, ext. 336 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ~ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: ~ Name of Person Commenting:~~ 2 6 -cj ' Phone Number : ~a - ~351 • . REQUEST FOR COMMENTS Ai~ FIRE MARSHALL CITY OF TIGARD 4VA• COUNTY FIRE DISTRICT ORECON TO: (Pick-up box) DATE: March 16. 1995 FROM: Tigard Planning Department STAFF CONTACT: Rav Valone (036) Phone: (503) 6394171 Fax: (503) 684-7297 RE: COMPREHENSIVE PLAN AMENDMENT (CPA) 95-0001/ZONE CHANGE (ZON) 95-0002 ANDREWS MANAGEMENT ► A request to amend the comprehensive plan map from C-P (Commercial Professional) and Low-Density Residential to Medium-High Density Residential, and to change the zoning from C-P and R-4.5 to R-25. LOCATION: South of SW Pfaffle Street at SW 83rd Avenue (WCTM 1S1 36CC, tax lots 200, 300, 400 and 2,200). APPLICABLE REVIEW CRITERIA:Comprehensive Plan Policies 2, 6, 8 and 12; Community Development Code Chapters 18.22, 18.32 and 18.56 and the change or mistake quasi-judicial plan map amendment criteria of the comprehensive plan (policy 1.1.2) and community development code (18.22.040). ZONE: Currently, two parcels (3.44 acres) are C-P and two parcels (2.07 acres) are R-4.5. The C-P zone allows groups of businesses and offices in centers to provide opportunities for employment and for ' business and professional services. The R-4.5 district allows single-family residential units, public ' support facilities, residential treatment homes, farming, family day care, and home occupations among other uses. Attached is the Site Pfan and applicanYs statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Mondav - March 27, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond by the above ' date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possibfe. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEAS HECK THE FOLLOWING ITEMS THAT APPLY: , _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: •~6 ~YG,S' ~ o~g SJ CPA 95-0001RON 95-0002 ANDERSON MANAGEMENT March 16, 1995 I PROPOSAL DESCRIPTION FILE NO: ZCA 95-0002 FILE TITLE: FUDGE APPLICANT: Brad & Kitty Fudge OWNER: Same 14235 SW 115th Ave. Tigard, OR 97224 Marvin & Helen Eberting 14040 SW 117th Ave. . Tigard, OR 97224 REQUEST: To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 znd 18.138. ZONE: Currently, Washington County R-5 CIT: Central CIT FACILITATOR: CHECI{ ALL WHICH APPLY: STAFF DECISION - PLANNING COMMISSIC>N DATE OF HEARING: TIME: HEARINGS OFFICER DATE OF HEP.RING: TIME: X CITY COUNCIL DATE OF HEARING: 4/25/95 TIME: 7:30 p.m. THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: X VICINITY MAP _ LANDSCAPING PLAN NARRATIVE _ ARCHITECTURAL PLAN SITE PLAN OTHER: STAFF CONTACT: Ray Valone 639-4171 I ,.ro • ~ CITY_ OF TIGARD, OREGON COMPREHBNSIVE PLAN AMENDIMNT/ZONE CHANGE/ZONE ORDINANCE AMENDI~NT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Bog 23397 Tigard, Oregon 97223 -(503) 639-4171- FOR STAFF USE ONLY i CASE N0. `Z(_,q 55-oUO2_ i ~ • OTHER CASE NO'S: i - RECEIPT N0. ~ APPLICATION ACCEPTED BY: V' DATE: 3-_v4 _-1!9' . 1. GENERAL INFORMATION _ Application elements submitted: PROPERTY ADDRESS /LOCATION 4 2 3 ~-zb A^~ _,G(A) Application f orm (1) ( o A u aJ v7> vF GAa_W ~ t:~ngk_ 01:7 E;LJ 11(8) Owner's signature/written TAX MAP AND TAR LOT N0. 2,51 In 8A "-cS oo zao authorization aa A" S'uC~ 1/r(C) Applicant's statemeat SITE SIZE bR nc~5 -(pre-app check liet) } PROPBRTY OWNER/DEED HOLDER* g1LaD r,,zGv- w►(A (D) Filing fee ADDRESS )LA23S S~.J PHONE 2,Ad-23oo oi*%~ Additional information for Compre- CITY 'J`~6.e./uj ZIF 17 22A sive Plan Map Amendments/Zone Changes APPLICANT* 5~"j~F E) Maps indicating property ADDRBSS PHONE location (pre-app check list) CI1R ZIP (F) List of property ownera and *When-the owner and the applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record L,,-(G) Asaessor•s Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) ~ from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on.page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUIrIlYfARY The owners of record of the subject property FINAL DECISION DEADLINE: request a COMP. PLAN/ZONE DESIGNATION: a, a LoQ bc4b. P-e5 . C~t~E-Ttvf Wasu . rd. 2- (c, ' an~,Zone Change from WAS,A , c, to A (Z,0 2-$,S N.P.O. Number: OR ~ The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Comprehensive Plan iv lN or Community Development Code ju (Ar ' City Council Approval Date: 0737P 23P Rev'd: 5/87 AOL CITY OF TIGARD OREGON April 26, 1995 John Olsen 11760 SW Gaarde Street Tigard, OR 97224 Dear Mr. Olsen: Enciosed you wi11 find the packet wi-th instructions and forns for including your property in the proposed annexation of four properties along.Gaarde Street to the east (ZCA 95-0002, Fudge). I have filled out some of the blanks for you. Please complete the blanks that are marked with a red tag. You will also need to obtain a legal description and map of your property from the county Department of Assessment and Taxation (648-8741). After completing the forms, send them along with the legal description and map to my attention at the city. You should plan to attend the Boundary Commission hearing on June 1 to request annexation to the city. I will attend the hearing as well and testify in favor of the application. The Boundary Commission hearings are held at 7:00 PM in Room 602 of the Multnomah County Courthouse, 1021 SW 4th Avenue in downtown Portland. If there is any change in time for the hearing, I will let you know well in advance. If you have any questions about the forms or procedure, please call me at 639-4171, or Kelly Paige of the Boundary Commission at 731-4093. Sincerely, ' Ray Valone Associate Planner . Enclosure 13125 SW Hall Bivd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON April 24, 1995 Michael Damiano 14100 SW 117th Avenue Tigard, OR 97223 Dear Mr. Damiano: Enclosed you will find the packet with instructions and forms for including your property in the proposed annexation of four properties along Gaarde Street to the east (ZCA 95-0002, Fudge). If you want to be included in this annexation, please complete the two forms and obtain a legal description and map of your property from the county Department of Assessment and Taxation (648-8741). After completing the forms, send them along with the legal description and map to the following address during the first week in May: Portland Metropolitan Area Local Government Boundary Commission • Suite 540 800 NE Oregon Street #16 Portland, OR 97232 You should plan to attend the Boundary Commission hearing on June 1 to request annexation to the city. If you cannot attend, a , letter from you to the Commission will suffice. I will attend the hearing as well and testify in favor of the application. The ~ Boundary Commission hearings are held at 7:00 PM in Room 602 of the Multnomah County Courthouse, 1021 SW 4th Avenue in downtown Portland. If there is any change in.time for the hearing, I will let you know well in advance. If you have any questions about the forms or procedure, please call me at 639-4171, or Kelly Paige of the Boundary Coaunission at 731- 4093. Sincerely, Ray Valone Associate Planner Enclosures 13125 SW Hali BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . ~ ~ LEGAL DESCRIPTION for - ANNEXATION ' A tract of land situated in the Northeast one-quarter of the Northwest one-quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, described as follows: Beginning at a point S 000 26' 00" W a distance of 20.00 feet of the Northeast corner of the Northwest one-Quarter of Section 10 Township 2 South, Range 1 West; thence S 000 26' 00" W, 640.00 feet to the Initial point of the Subdivision Plat of Shadow Hills as recorded in Book 42 Page 41 of the Washington County Subdivision Records; thence S 890 41' 00" W, along the north line of said Subdivision,,a distance of 346.50 feet to the Southwest corner of the property described in Fee Number 94023801 of the Washington County Deed Records; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 230.00 feet to the Southeast Corner of the property described in Fee Number 94023802 of the Washington County Deed Records; tlience S 890 41' 00" W, along the -south line of said Fee Number, a distance of 131.75 feet to the East right-of-way of a private road and the southwest corner of said Fee Number; thence N 000 2610011E, along the west line of said Fee Number, a distance of 86.50 feet to the northwest corner of . said Fee Number; thence S 890 34' 00" E, along the north line of said Fee Number, a distance of 131,75 feet to the west line of Fee Number 94023801; thence N 000 26' 00" E, along the west line of said Fee Number, a distance of 136.67 feet to the Southeast corner of the property described in Book 1027 Page 371 of the Washington County Deed Records; thence N 890 34' 00" W, along the south line of said deed, a distance of 85.93 feet to the southwest corner of said deed and the east right-of-way of a private road and a point - on a curve to the left; thence along said curve with a radius-oi 65.00 feet a delta of 240 39' 36", and a length of 27.98 feet to . a point of tangency being on the west line of said deed; _thence N 000 26' 00" E alon the west lin , g e of said deed, a distance of 160.38 feet to the Northwest corner of said deed and a point on the south right-of-way of County Road 411; thence N 890 41' 00" E, . along said south right-of-way, a distance of 7 feet more-or less to - a angle point in said south right-of-way; thence S 000 00' 00" W a distance of 9.9 feet; thence N 890 41' 00" E, along the said right-of-way, a distance of 182.82 feet to the angle point in said right-of-way; thence N 000 00' 00" E, along said right-of-way, a . distance 9.9 feet to an angle point; thence N 890 41' 00" E, along said right-of-way, a distance of 236.5 feet to the point of - beginning. - ~ johnrh\s10-t1200.anx N 10 T2S R I W W.M. . 2S I IOBA, t ~COUNTY OREGON SEE MAP ((00' 2S I 3CD 1/4 CORN[R ,gm • T ,s, ° : T . . T T ~ T STREET ~,~y:. SEGIN CJt.41l 1 ~ 411 GAARDE , 132 so ios.s so eo ` - - ~ 546.5 , sso . s 1500 1400 1300 800 I 30b 200 I ~ C. ~ /.94AG °o .33AC. .43AC• e° .76AG .33AC. 4. 91Ac. _ - C n I . ~ w ! ''=•=•r~•,r. 103.5 t I CANCfLLEO TAX I~0 „ 4300, 5800,410t,! ~0, O N sC !ti i° - 5.93- ~ on~. ~ ~ : r; ' ~ ry t O 11.45 I ~ ~ f 1200 400 .46AC. .37AC. I # f o ~ ' ~ 4 el '~.3~• • .7 O , ~ lc'~ ~ ~ r I m p o I o 40 " N 131.75 123 0 1100 ~ 500 ~ o.27AC. o o.26AC. o; I00100 ,.r . 23~78 ~ 0 o o .,B,ac. . 131.M _ - - 0 I 1000 600 ' 100 201 ~ N . 35AC. „ n .35AC. l•r•. N 00 ~ - - ~ . M ~ ~ ' 131.75 131.TS ~ i 900 700 . ' In . 35AC. .35AC. . N . • ' . . • ~ - ~ 330 131.75 ~ . E MA , . ......o„ 71--- . . . E. . ' s . . ~ l ~~s " 135 : 1~ ITe ss INITIAL POINT 2S 1 IOA ST . • ~ ' MAR-14-1995 11:21 FROM CnMMONWEALTH TO ~ 6B47297 P.02 • Date: March 14, 1995 To: City Of Tigard Fram: Kitty C. Higgins Fudge & Bradley P. Fudge Re: Request Far Annexation we respectfully request annexation of our real property to the Cxty Tigard. The subject property is locaLed in the Halnut Island. The purpose of the annexation is to allov development of the property into a rBSidential subdivision. our parcel of property is 5.17 acres in size. our neighbors Iiarvin & Helen Ebertinq also desire to be annexed and have signed the petition. of tne real property effected by the annexation 97$ is represented by ownezs desizi.ng annexation. Sixty-seven percent (67%) of the registered votezs effected by the annexation have siqned the petition. ' t~ . . . • , P1tiIA L GBC FORltit #I S PE'TITION FOR AJVNEY.ITION TO THE CITY OF - OREGON . . ~ ?0: The Council of the City of 221-17 e: r c=x-11 Oregon We, the undersigned properfji owners of and/or re;istered voters in the ares described below, hereby petirion for, and give our consent to, annexarion of the ares to the City of 1! a e;o~ . If approved by the city, we further request that this perition be forwar, ed to the Portland Nietropolitan Are3 local Government Boundary Commission for the necessary procedures as prescribed by ORS 199.490(2). . The properry to be annexed is described as follows: (Inserf Lea al Description l:ere OR attacl: it as Fxliibit "A 17 Revised 11/93 , PETITION SIONERS NOTE: This palilion muy bo sipna(J by yuuliliud persons dvan thouph they may not know thelr property descriptlon or precinct number. SIGNATURE PRIN7ED NAME i AM A:• ADORESS PROPERTY DESCRIPTION PRECINCT x DATE PO RV OV LOT M 114 SEC. T R r.o i1- Jc / ✓ 1T'• s oo Nw (0 ~s 11,t) o 0 t,, Z-4,e~ ;".r" so o Nw 10 ;~S J W ~ joa ~ ~ ' i l/ ~Q/ ?i ~ C7 t/ : Gla . • PO = Pruporly Ownur RV = Repistared Volar OV = Owner Voler ~ ' • I ' ~ ~ A tract of land in Section '10, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, more particularly described as follows: Beginning 20 feet South of the Northeast Corner of the Northwest Quarter of Section 10; thenoe 50° 26' W, 640 feet M/L -to a point. Said point being the inidal point of "Shadow Hills", a subdivision recorded in Washington County; thence following the Northerly line of said plat, West 346.50 feet M/L to a point; thence N 0° 26' E 230 feet M/L to a point; thence West ; 131.75 feet M/L to the East R/W of a private road (50 feet wide); thence N 0° 26' E along said 1 ~ R/W 87.50 feet M/L to a point; thence east 131.75 feet to a point; thence N 0° 26' E 301.10 feet M/L to the Southerly R/W of Gaarde Street (CR # 411) being 40 feet wide; thence Easterly _ along said R/W 110 feet M/L to a jog in said R/W; thence also following said R!W Northerly 10 feet to a point; thence continuing along said R/W Easterly 111.50 feet M/L to the point of beginning. (Containing approximately 5.35 acres.) i I = ~ . . . • PAIAL GBC FDktit #16 CF.RTIFIGiTION OF PROPERTY OWNERSHIP • • (Double Majoriry Method) I hereby certify that the attached petition for annesation of the territory described therein to the City of contains the names of the owners* of a majoriry of the land azea of the territory. o be annesed, as shown on the last available compiete assessment roll. 'T'!/L 4. k'-#(1FFM4AJ TITLE SEA-)co/Z A DEPARTi~IENT 1~55ES5~t E~ I ? 7'~ COUNTY OF W ASf4 e ^~G 7-61 A) DATE /11 yq Qct4 1 1 9Q5- * "Owner" means the owner of the ritle to real properry or the contract purchaser of real . property. PAIALGBC FORAI #17 CERTIFICITION OF REGISTERED YOTERS I hereby certify that the attached petirion for annexation of territory described herein to the City of contains the names of at least a majoriry of the electors regist ed in the territory to be annexed TITLE DEPART~vZ C OUNTY OF DATE / --is - Revised 11/93 ~ - , • . . . ~ • PAtAL GBC FOR1tiI 94 CFRTIFIC,41ION OF LEG.I.L DESCRIPTION AVD.&IAP I hereby certify that the description of the properry included within the attached perition (located on Assessor's Map 2S l l O gA. - ) has been checked by me and it is a true and e:cact descriprion of the property under considerarion, and the descriprion conesponds to the attached map indicarinc, the properry under consideration. vAi'vfE TITLE S~~ 0 2 CAA706R.A PAk.2 DEPARTVmNT ASSg-5 St-'- L--v,-' k- ~ T4xA;770/j COUNTY OF l-JASti oN G 7ati1 DATE q S' S ~ 19 Reviszd 11/93 . . • . I A tract of land in Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, more particulazly described as follows: Beginning 20 feet South of the Northeast Corner of the Northwest Quarter of Section 10; thence 50° 26' W, 640 feet M/L to a point. Said point being the initial point of "Shadow Hills", a subdivision recorded in Washington County; thence following the Northerly line of said plat, West 346.50 feet M/L to a point; thence N 0° 26' E 230 feet M/L to a point; thence West 131.75 feet M/L to the East R/W of a private road (50 feet wide); thence N 0° 26' E along said R/W 87.50 feet M/L to a point; thence east 131.75 feet to a point; thence N 0° 26' E 301.10 feet M/L to the Southerly R/W of Gaarde Street (CR # 411) being 40 feet wide; thence Easterly along said R/W 110 feet M/L to a jog in said R/W; thence also following said R/W Northerly 10 feet to a point; thence continuing along said R/W Easterly 111.50 feet M/L to the point of beginning. (Containing approximately 5.35 acres.) PitiIAL GBC FORItit #19 (This form is NOT the petition) ALL OWrVE'RS OF PROPERTY AjVD/QR RE'GISTERED VOTERS INCLUDED IiV BOWi DARY CHANGE PROPOSAL ARE4 (To be completed IF the proposal contains 10 or fewer land owners/registered voters. Please indicate the name and address of all owners/voters regazdless of whether they signed an annexarion petition or not) This is foc norification purposes. NANM OF OWNERNOTER A.DDRESS PROPERTY i ON (Indicate tax lot, secrion number, Township and Range) (i) 'ra r SG'C ~~f ldai~ ~C~ (7) //.~2- i..l. ~CO Y'S CC ~C6fiCn Lol -;z f~ (3) /'//eS Sw //S"~ T,L. /G~;, ~c'~~d•~ /o~ ~~'ir!'iG~A ~il~ r-A~T' r~ c'~•,/ ~i7zZY Tok'.~1/~V ;~p svv~a, ~f'a.yd ! (4) 2/ L/Gi' fetAo., /O ~i (5) ~Ie>-11 17 47 l y0 `/O fGt/ J . ?oc~rr.f,P ,Z So~~~ A.. c (6) (7) - 20 Revised 11/93 ~ ' • • IPMAL GBC FORIti! #19 (continued) (This form is NOT the peticion) ALL OWiVERS OF PROPERTY AiVDiOR REGISTERED VOTERS IjVCLUDEDZBOUIVDARY CHANGE PROPOSAL AREA - (To be completed IF the proposal contains 10 or fewer land o ~fwhether registered voters. Please indicate the name and address 'of all owners/voters regardles they signed an annexation petition or not.) This is for norificarion p74. NAivfE OF OWiNERNOTER ADDRESS PROPERTY DESIGNATION (Indicate tax lot, section number, Township and Range) ~ (9) / ~ (10) / i 21 Revised 11/93 • • • ' PMAL GBC FOR1tiI #20 DO UBLE 1VIfiJORI77 WORK SHEET Please list all properries/registered voters included in the proposal. (If needed, use separate sheet for additional listings). - PROPERTIES Property Assessed Signed etinon Designation Name of Owner Acres Value Yes No (Tax Lot #s) .200 ~S c) c, X )91(,' 7 J`~ i, /a/~ T,, : c . ( 00 I~~No~ s. Q~ANoT , lS ~ S Z~ ZZU ~ 3069 1/~9/vin Ue j i~ .33 ~'9 CF" 300 eL ~ X . 1v fl a~,~ ( I i~ { I I I ToTUS Revised 11/93 \ ~ • • . PJIr1LGBC FOR1tiI #20 (continued) RLGISTERED YOTERS .ADDRESS OF REGISTERED °NAME OF REGISTERED SIGNED PETITIOLNI Voter Voter Yes No a s sw i~s~ o~ q,7 zz y , 0 (if `j h A7-- O~!/!~ c o~ hleXlll f L/O L/O :SGt/ 117 TOTALS ;2~ SIIlMifiRY TOTAL. ~EBER REGISTERED VOTERS LN THE PROPOSAI. ~ "NZ,'MBER OF REGISTERED VO?ERS WHO SIGiNED ~ PERCENT'AGE OF REGISTERED VOTERS WHO SIGiNED TOTAL ACREAGE N PROPOSAL ACREAGE SIGiNED FOR PERCEV"I'AGE OF ACRE aGE SIGNED FOR ? 3 Revised 11/93 1 0 P U B L I C H E A R I N G N O T I C E NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, APRIL 25, 1995 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: ZCA 95-0002 FILE TITLE: FUDGE APPLICANT: Brad & Kitty Fudge OWNER: Same 14235 SW 115th Ave. Tigard, OR 97224 ' Marvin & Helen Eberting 14040 SW 117th Ave. Tigard, OR 97224 REQUEST: To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue (WCTM 2S110BA, lots 100, 200, 300, and 500) APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-S THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 323 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAI<E ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER APRIL 4, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING. ~ • • INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE, OR FAILURE TO RAISE AN ISSUE WITH SUFFICIENT SPECIFICITY SO AS TO PROVIDE THE CITY, APPLICANT, OR OTHER PARTIES TO THE APPLICATION WITH A REASONABLE OPPORTUNITY TO RESPOND, WILL PRECLUDE APPEAL ON SAID ISSUE TO THE STATE LAND USE BOARD OF APPEALS (LUBA). ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER RAY VALONE AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON. ~ .l'•".~::::•:::..':•::~:~::~ r <1 a , : W ~ C9 Z - . _ Z ~ . Z Q ';;~::::':;;t::.::::;:~:::::~::~::::;:'; a 0 oc a ~ ~ LL 0 ~ LAti ( o` U VICINITY EXHIBIT MAP 0 W;T ~C~T~E~~ ~TS T ~ AREA TO BE ANNEXED 1- f..OV ZONE CHANGE WASMW6TON CO. F-S FEET Tp TIGARD R-4.5 0 400 800 I u.mo.n~woor.~.so.a..wn,~n.o a.nn. . L~~ -~3 ~ • • 2S110BA-00100 2S110BA-00200 QUANDT, LINDA J HIGGINS-FUDGE, KITTY CARLENA & 14165 SW 115TH FUDGE, BRADLEY PETER, TRUSTEES TIGARD OR 97223 14235 SW 115TH TIGARD OR 97224 2S110BA-00300 2S110BA-00800 EBERTING, MARVIN E HELEN FLOWERS, RALPH L 14040 SW 117TH AVE 11700 SW GAARDE TIGARD OR 97224 TIGARD OR 97223 2S110BA-00400 \ . 2S110BA-00600 DAMIANO, MICHAEL & JANE MILLER, CARL T 14100 SW 117TH SIBYLLA R TIGARD OR 97223 14190 SW 117TH AVE TIGARD OR 97223 2S110BA-00700 2S110BA-00800 TIGHE, SHZRLEY M BROOKS FLOWERS, RALPH L GLEN E 11700 SW GAARDE 14230 SW 117TH AVE TIGARD OR 97223 TIGARD OR 97223 2S110BA-00900 2S110BA-01000 ANDERSON, ELWIN W& DOROTHY C HICKOK, WILLIAM HENRY TRUSTEES 14185 SW 117TFi 14225 SW 117TH TIGARD OR 97224 TIGARD OR 97224 2S110BA-01100 2S110BA-01200 DAVIDSON, WILLIAM G DIXIE ANDERSON, ERIK F/JILL C 14145 SW 117TH 14105 SW 117TH AVE TIGARD OR 97223 TIGARD OR 97223 2S110BA-01300 2S110BA-01400 VANSLYKE, JERRY G& MARJORIE E DAVIES, MICHAEL L AND 11700 SW GAARDE ST STICKNEY, DIANNE L TIGARD OR 97224 11720 SW GAARDE ST TIGARD OR 97223 2S110BA-01500 2S110BA-02800 OLSEN, JOHN W/MARY JO KELLER, BOB M& SUSAN D 11760 SW GAARDE ST 11650 SW CLOUT CT TIGARD OR 97224 TIGARD OR 97223 2S110BA-02900 2S110BA-03200 DOUGHERTY, DAVID L/LYNNE D SORRENSEN ALLEN C AND 11580 SW CLOUD COURT CATHIE A TIGARD OR 97223 11515 SW CLOUD COURT TIGARD OR 97223 2S110BA-03300 2S110BA-03400 WALSH, ROBERT E AND SHADOW HILLS SHARLA J OWNERS OF LOTS 11545 SW CLOZJD CT TIGARD OR 97223 ~ • . • 2S110BA-03500 2S110BA-03600 STOHR, PENN R AND SCHULZ, MARTHA SYLVIA LYNN c/o KERR, JAMES RICHARD AND 11575 SW CLOUD COURT GLORIA TIGARD OR 97223 11615 SW CLOUD CT TIGARD OR 97224 2S110BA-03700 2S110BA-03800 SMITH, MICHAEL A AND MORENO, FERDINAND A AND KATHLEEN S R JEAN 11645 SW CLOUD ST 14430 SW MCFARLAND BLVD TIGARD OR 97223 TIGARD OR 97223 2S110BA-03900 2S110AB-02800 POLSON, JAMES C AND ELIZABETH A HUGUS, ZONA GAY 14400 SW MCFARLAND BLVD 14355 SW 114TH AVE TIGARD OR 97224 TIGARD OR 97223 2S110AB-02900 2S110AB-03000 DELANEY, DANA R AND FLOREN, VERNON/MAGDALENA SANDRA L 14325 SW 114TH AVE 14335 SW 114TH AVENUE TIGARD OR 97224 TIGARD OR 97223 2S110AB-03100 2S110AB-03200 BURNETTE, DAVID G& THERESA ANN MARTIN, VERNE ELLEN 14305 SW 114TH AVE 14285 SW 114TH AVE TIGARD OR 97224 TIGARD OR 97224 2S110AB-03300 2S110AB-03500 MACK, JOSEPH P AND CAYTON, CHRISTOPHER L& KAY D FRANCOISE M 14265 SW 114TH AVE 14255 SW 114TH AVE TIGARD OR 97223 TIGARD OR 97224 2S110AB-03600 2S110AB-03700 ..o......... ANDERSON, TIM C/BECKIE L HATCH, LYNN A& SHARON ~ 14245 SW 114TH AVE 14135 SW 114TH TIGARD OR 97224 TIGARD OR 97223 2S110AB-03800 2S110AB-03900 HATCH, LYNN A& SHARON K HATCH, LYNN A& SHARON K 14135 SW 114TH 14135 SW 114TH TIGARD OR 97223 TIGARD OR 7223 2S110AB-04000 2S110AB-04100 SNOOK, RICK Q AND PAULA D HODAPP, ELDON J JUDITH L 11430 SW GP,ARDE ST 11460 SW GAARDE ST TIGARD OR 97224 TIGARD OR 97223 2S110AB-04200 2S110AB-04300 . OREGON, STATE OF DEPT OF VETS HATCH, LYNN A& S C/o SHUEY, NEIL F& DONNA M 14135 SW 114TH 157 NE SHANNON TIGARD OR 97223 HILLSBORO OR 97124 ~ ` • • 2S103CD-03300 2S103CD-03400 ARCHDIOCESE OF PORTLAND TURNBALL, VENITZA M ST ANTHONYS CEMETERY c/o ROMAN CATHOLIC ARCHBISHOP,THE O 2838 E BURNSIDE THE ARCHDIOCESES OF PORTLAND IN OR PORTLAND OR 97214 2838 E BURNSIDE ST PORTLAND OR 97214 2S103CD-03500 2S103DC-01300 TURNBALL, VENITIA M GOECKS, MICHAEL RAY 11735 SW GAARDE ST 11492 SW VIEWMOUNT LN TIGARD OR 97223 TIGARD OR 97223 2S103DC-01400 2S103DC-01500 SCHROEDER, DONALD A& MARGO A SCHROEDER, D?NALD A& MARGO A c/o ROGERS, JAMES J& SANDRA E c/o ROGERS, JAMES J& SANDRA E 19475 SE DEBORA DR 19475 SE DEAO-RA DR BORING OR 97009 BORING OR 97009 2S103DC-04900 2S103DC-05000 GARLAND, DENNIS K GLORIA WALKER, GORDON V AND 13895 SW 114TH AVE SUSAN B TIGARD OR 97223 13900 SW 115TH TIGARD OR 97223 . I ~ CITY OF TIGARD ' OREGON AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of 1igard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Department Secretary for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer X Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit 'B", on the 4th day of April , 1995; said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board on the n/a day of n/a and deposited in the United States Mail on the 4th day of April, 1995, postage prepaid. repared Notice I Subscribed and sworn/affirmed before me on the 11,&%day of a0a&-2 19a. oFFdcIAL SZAs. )D7 M~Olw NO7A~~~~IC-~?~GO~° NOTARY PUB OF OREP ~O~iMi:;S)fl~'t PfQ. Q08~7Y C;~kj~:~W ~x~ia,~s My Commissi xpires: 7 ~ ~ ~?'~'~3:°,:;*~'...~.'~'`.`'gi.'~'•:'~~;,.~-r.., FILE INFO.: (ZCA 95-0002 FUDGG PUBLIC HEARINC NOTICE) EXHIBIT B . . . I :F. RH~~VE{V~:~.•.~.~.~.~.~.~.~ I ~ ~ . . ~ A:" .~~~Af:•:{~~•:::.•.•.•.•::.•.•.•.•.•:::.•.•.•:•:• ' ' ~ • . . ' t I- a W . . . . 0 . . Z : - . . 1NE1WMOUtVT.~.•~~1 ~ Z . ~ . Z . . Q a 0 ~ oC Q C~ - . H LL. . . . . ~ . . ~ z..~ ~ IViOFAPL~AN~3~:~:Bl:VD . . . V VICINITY EXHIBIT MAP ~ WAREA ITHINCCRRELIMITS ~ AR A T NORTH E O BE ANNEXED Scals V.900' ZONE CHANGE WASHINGTON CO. R-5 FEET TO TIGARD R-4.5 0 400 800 A REFER TO STAFF REPORT ' Mi\fiI$DAT\TIOCOV\N0.30W0\ANNEX721LDWO 3/77/9E Amok, I I I ij Q-q O3Q ;':•:':'9~•':::•:• . . . . n . m ~ ' . . • . ~G ~ . . ~ ' : . ~ : ~ ~ ~ . ~ ~ ~ : ::~o:....::•:•:• . . . . . . . . . . . . . . . . . . . . . • • . ~ . : ' A..~~:.~:.~:.:. .Ei . . . ~ . . : W . . . . 0 . . . . . . ~ . . ~w::~~ . : . . 'J' . . . . r . . . . . ......r., F~:~ ~ . . . . . . . . . . . . . . . . . . . . ~ . ~ : . . . . . ~ •:N:' . ~ • . ~ Z Q : ~ . J a . atitvf:.~tN ~ ~ . . . . . . . . . . . ~ . . . . ~ a . c~ - ~ LL 0 ~ ~ a . . . ~ . z:.~......:.~:: . . . ~ . . •::Iv[CF}Cf2~'At~Ni9. UI3•:•.• . U • . . . . . .a1. . . . . . . . . . . . . C3 . .b. . ~ , . • . : ' . ~ . ~ . ~ ..:.::1A/.IL'•:Cf• . • . . . . . . . . VICINITY EXHIBIT MAP ~ WAREA ITHINCCRRELMITS NO TH ~ AREA TO BE ANNEXED Soele t•=400' ZONE CHANGE WASHINGTON CO. R-5 FEET TO TIGARD R-4.6 0 400 800 Mi\GISDAT\TIGCOV\NEISDWG\ANNEX42tOW0 3/27/90 ~ _ • : ~ . ~ RIW W.M. - 2S I 106A N SEE MAP 2S I 3CD - ~ ' V4 CORNQR DE T T T ~ T STREET sE6,N ~JL,11 84 . ~ ~ so ios.s so 60 \ 346.3 1400 1300 600 30D 200 $ .33AG .43AG o .76AG o .33AC. ' c. - ~ w - o . ~ I ~ . ~ 103.3 ~ - CANCEIIED TAX t. 4300,5900.4402,2 to ~N t N e5.93 11.43 1200 400 / - .46AC .37AC. ~ ~,J ~ . ( Zo _ o a o ° 0 0 ~ 131.75 ~ N 131.73 o I 1D ~ 123 _ ~J • ~ 1I00 500 . ° .27AC. o ~ .26AC. ioo ~ 78~ ' 100 ~ - °'i ' 131.75 ' 131.73 e . /9AC. a I • 1000 600 100 20~ W n N . 35AC. 35AC. =o = 131.75 F-31-5 s ~ 900 . In . 35AC. ' _ _ • - o . a - ' . . , ~ - SEE MAP , ~ss . h . ~so ' o.sa 170- EAST EAaT POINT 2S_ i i0A ~ 3900 3700 , 3600 3500 'oe 3400 TRACT "C" . p ORAINACE ~ i ~r 1lETEMTION N - ~ 26 ~ 28 ~ 29 tl .30. ~ 3800 J ~ ~1V ioo 3300 27 %0~ 43.14 : . aa GO LUD R*ZO • ~ R•tso 31 ; ae p3 ydp 4Z 3a t~ CO ~A~ N 2 'r bA ~ R.20 C3. " ' • REQUEST FOR COAIIMENTS TO: DATE: March 27, 1995 FROM: Tigard Planning Department RE: ZONE CHANGE ANNEXATION (ZCA) 95-0002 FUDGE To annex four parcels of land containing 5.68 acres to the City of Tigard and to change the zone from Washington County R-5 to Tigard R-4.5 LOCATION: South of Gaarde Street and East of SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 2 and 10; Community Development Code chapters 18.136 and 18.138. ZONE: Currently, Washington County R-5. Attached is the vicinity map. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by April 6, 1995. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Ray Valone, ext. 336 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. 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Fomey. PLS - Project Engineer 800 NW bfh Avenue, R. 324, UNon Statlon il Portland. OR 97209 ~:wo•~wo~v~•~. ~ ~ . ~ ~ wasH~~~Ta~ ~~~QUNTY OREGQC`` ~ ~ , SEE MA~ SE~ M~F ~ sca~~ ~ ~oa Zs ► ~co 2~~~cc i/4 CORNER ~ -r ~ T T ~ T -r -r T ^~TR EET ~ ~ ; ~ BEGIN C.R.4t 1 ! ~ • • C.R. ~E i 1 ~ St~ 132 ~ ~ 10~.5 x0 25 ~`d 40 330 BO ~C 346.5 ~ ~ ~ ~ ~50Q ~'4{~~} ~~~d $o0 30~ 200 ~ , ~oac~ ~ ~ c .TSAG ~ .33AC. ~ 4. 9! 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IOBC SEE MAP 2S I 108D ~ 4 fu_ r ' ' • r . ~~.~5. ~y~A~It ~lN~/~V4 ~Y7y~I~ 1~• ~r b~l.~~ y~ ~ ~ . / ~~~~i~~ ~ ,1 i! i ~ i, /"/r I. 25 .1~' ~'Hi~iin~'iNi/fN ,~a ~rA"~A~iii,~N ,,,,~'i~eui~s r,r~,iri~~irlrq'~'iaNa. ~aAiirr,~~i{r~~a~n, ~,~'~nfiii~~04'~~~ai r r~ 803 ~ 604 805 8Q6 ~IQ 615 S 1~'~ oc g I7 fi400 ~ , i I ~ ~ r"~ ~ ~ ~ I „ ~ ~ ~ ~ M' I T ^ ~ 16 " a I 9 ~ ~ I ~ g= n ~ n y - 16 ~ 1~ o"- a' l~~ o _ ~ I ~ ~ = / 8 E„~. . ~ t' _ _ ' _ ~ r ~ ~ ~~7 ~ r~ ~ 1 `~J ~ ~ 1 1 ~ ~~:o t tbT~ ~AS€~ ~ ~ , t,~s.- ~,so ~s,~o ~.ao ~ ~so ~ao,oo ~oa.oo ~oo.Qr, ~o~.4a , CR t995 ea s~ E Q~ i~,22 ~ i3T FA RNAVE N ST RE ET. ~.~d.Na2090 ST2Z/933 } ~ s~oo ~ ~ ~ , 4°34'YI N 8~ 1poS~'W 13,82 ~ R+20 1. 12~1,0 S~ I 4 181,78 3C 16►,t! ``b~ 2 ~ .~r 8~7 o$zz 4 y~, n ~~a n I 213,82 • i. ~ o ~ ) ~ ° ~ , ~ o 0 o Z o $~o~ l"'~ t'""' R=zA i~, R. 1 o~ ~ 62QQ ~s.pQ~ L 15 ,~y ~ a v ~ ~ ~ N~N '1 U" r ~ W i, N ry ~ d 1~ ~ ~ ~ : W 1.., ~ w+~ ~ ~ N 146.78 N~ ~ R i A 7, 0~ W I ~ ~ M 9° ~,~'W * S d9°54'W ~ 0 d ~ EZa.o i24.o M iza.o ~M ~ ~ ~O 8l9 ~ ~ " ~ ~ o 621 u a-~I s ~ 812 $ ~ l °o ~ $10 . ee.s4 o W ~ z s F 5i o o ~ Q p'^ 1 4 ~ 3` i2 p~ ~ 194,T6 I5.36 0 ` ~ Ifl o g $ = $ ~ .a~ r,J ~o.Q N 1 ~ \ N N a~"`~i N N G ~ M h~ d d„ d t~ w ~ N ` ~ ~ ~ ~ ~ ~y ` ~ . ~ i 6304 C,,.~ o ; ~ ~ 1~ INITIAI ( N ITIAL g = ~ 0 ~ U! 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CANCELLEO TAX LOtS SCALE I"= I~0' ~o~,40t~1200tR."A~~,~~oo rk. , "e", 3~00, 3soo, aayo, SE~ MAP ~ ~0 ~ 2S ! 3CA ~ ~ ~ ~ ~ w 960t} a ~s,~o~ ~ ~ , Pi S EE MAP A ~4 ~ ~ ~ ~ ~oz.~o ~ _ ~ 2 S I 3CA 4~ ~ I i MATCH UNE~ s~ e~2r w ►s2 a26 ; 26 ~d 5340 ~ fi404 ~ Z00 ~ ~ , s~ ; 1►~ ~ ~ ~ ~ry~5~ Iy ~ REMAINDER ~3 _ .34AC. tl ~ ~ ~ f~ ~ °~"X~ ~ 6~ao~'~; 24 ~ g ~ : ~ o MAP 28 1 'JCA ~ ~ M t ~ a'1A R ~0,~~ ~~Q , ` g bZ ~ o I ~ ~ i~~ 1 ~ ~ ~ . ~ ~ ~ g 165 ~ ~ a`~ b ~R~ ~ ~ t ° ~ 4~ C2N1 ~J ~ 3' S ~ E W h JVU ~ : 0 iJaV~J ~ $ .~+~1~C, ~ ~ ~ ~il' 1~ ~ ~l~~ ~ ~ ~ ~ ~ ~ p ~ p~ ~ ~ ` ~7• ~Ii ~ ~ t~'~ M~ ~ y~' ~ 2~ 4~ t~'~ ~0,.~3 ~ ~ ~ ' Fa I RHA ~ ~ # J ~ C ~ 4,44 x'~i 4,~ ~ ~ S 8 9 ° 3 3 ` E I 4 5 ~ ` 15 ~ ~ ~ s.o~ ~ ~ ~s5 ~ I ~ ~ ~ ~ 1~^~ , j ~ 6 a9 ~ N ~ 5 8 25 ~G ~ ~ 6~ 5 69°~7 E~ ~ ,~~E so TRACT C ~ 60~4 i 40a ; ~ /''~*b~! 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No. 13,5941 ~~~~i~?M ~ y~ \ ~ r ,,~~b'~~~ 1500 ~ ~ b^ ~ o ~ ~~'a , b~ ` ~ ~a.oz ~ d SE E ~ 6 ~N ~ e ~ 17 2340 -J ~ 2900 :000 3104 ~ 3 ~ 2S I . ,~1 S ' ?.z~0 ~ ~ „ M t ~ ~ ~ C'~;,,,, 75.~1 W ~ I~~`~6'~ ~ ~ ~ ~ ~0 ~ ~ ~ ~ ; = a a~b ~ « I4 ~ ~ „C ~ a t o 9 7500 ~ A 1600 • * w n~~s ~o"w r : ~ 6 a iv ~ /;1,, e N g $~~~?SY~ ~ ~ W Y ~ ~ ~ ~ n ~ 5 ~ N o ~o ~ ~~y?. ~ rf~d 8.~1 6~IUO ~ «w ~ 7~~ G~7W ro = ` ~ ~ : ~ s~ ss ~ Q` ~~c 210~ ~ ~ . ~ , es.as b ~ ~ 8 r~n r~►' ~ ~ ~ 8j s e~ at'e7"w ' F ~6'' ~ R, o ~ e~ ►700 , ~6'' , , ~ , ~ a5 ~ sa ~ 74aa f - ~w ~,j r~~ 98 ~ , E . , ~ , I k ~►a, ~4~►'~3 ? ~ '~g°'t~ ~3 ~ ~ + N ~i o , M N 88° 41 E 170 . ,N oi ~ ' ~ at4~ „~2r'..,,, itp.i"~ ";'~p ~ ~ fp~~ t19~,'' ~ > ~ ~ 4 ~ . ~ ~ ra 24QQ ~ ~~~r ~ , . ~ 3204 M ~ 39. Z~ ¢ ,r~5 (N,~ ~ s ~ ~ ~ ~ 27C~ ~ Q~ ~ ; ~ 7200 S ~ r► ~zwa ~~?C1 = ~ ~ o h~" 26~0 ~ ~'o "M' ~ 1 ~ , ~ (900 12 ~ b ~ ~ ~ ~ 7300 0 ~ ~ .m pa ~ n 7 ~~ti~. ~ ~ 5 i ~ CS, N0. 6301 ~ ` ~ : . „ p : o ~ ° r ~ ~ ~ INITIAL ~`4►tC.S. 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