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ZCA1995-00004 I 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This letter serves as formal notice that certain properties annexed into the City of Tigard have now been officially withdrawn from the Tigard Water District.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 is\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NO. 99- cJ AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT.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 WHEREAS, 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District; and WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from that Water District to insure the proper entity receives the taxes; and WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for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 WHEREAS, 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 Tigard; and 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 District. 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 District shall be July 1, 1999. SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council. PASSED: By Uf)(A 1l i MvU-S vote of all Council members present after being read by number and title only, this day of -&W" , 1999. GtJ 2a&-t~)Ix Catherine Wheatley, City Recor APPROVED: By Tigard City Council this!243 day of 99. 5WsM'icoli, Mayor Approved as to form: A o-, j i Attorney 2-j- Date ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98 Pagel of l i:\citywide\ord\wdwithdr.ord.doc Julia N. 11-Feb.-99 CITY OF TIGARD WATER DISTRICT WITHDRAWAL • Boundary Commission Final Order No. -39 ZCA No. 9S-Coo y E EXHIBIT 1 I LEGAL DESCRIPTION OF THE AREA THAT PORTION OF LOT 19 COLE'S ACRES, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 152.5 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 150 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO RONALD J. TEMPLETON, ET UX BY DEED RECORDED MARCH 2, 1965 IN BOOK 542, PAGE 516 RECORDS OF WASHINGTON COUNTY; 'THENCE WEST ALONG THE NORTH LINE OF SAID TEMPLETON PARCEL 152.5 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID TEMPLETON PARCEL, SAID'CORNER BEING ON THE WEST LINE OF SAID LOT 19; THENCE NORTH 150 FEET MORE OR LESS TO THE POINT OF•BEGINNING VICINITY MAP OF THE AREA STREET ,pc AAUl0 t4. W , , u / \ 100 44 1 i 23-78 ti - a ~0 M 1 c d N -74 ' C IN E R' U R Y Z~ TIGARD. Pc n / lc t I 3 { { L A E V` r w P/ O Council Agenda Item y I TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 24, 1995 • Meeting was called to order at 6:36 p.m. by Mayor Nicoll. 1. ROLL CALL Council Present: Mayor Jim Nicoll; Councilors Bob Rohlf and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Tim Ramis, Legal Counsel; G. Frank Hammond, Legal Counsel; Ray Valone, Associate Planner; Catherine Wheatley, City Recorder; Lt. Bob Wheeler (present during business meeting for review of Non- Agenda item reference police car purchase request); and Randy Wooley, City Engineer. STUDY SESSION • Executive Session: The Tigard City Council went Into Executive Session at 6:36 p.m. under the provisions of ORS 192.660 (1) (d), (e), at (h) to discuss labor relations, real property transactions, current and pending litigation issues. Executive Session adjourned at 7:15 p.m. • Agenda Review: City Administrator Monahan advised staff would be requesting Council review of an Non-Agenda Item for the purchase of six police patrol vehicles. State bids must be received by November 5, 1995, to receive a $400 per unit discount. By placing the order by November 5, the City will save $2;400. BUSINESS MEETING l . CALL FOR NON-AGENDA ITEMS: • City Administrator noted Council would consider the purchase of new police vehicles. This item was placed for consideration after the Consent Agenda. 2. VISITOR'S AGENDA: No visitors were present. 3. CONSENT AGENDA: Staff responded to questions from Councilor Rohlf with regard to Consent Agenda Item No. 3.3. Two bids were submitted. Pacific Utility Equipment Company's bid was rejected because it did not meet specifications. S Motion by Councilor Scheckla, seconded by Councilor Rohlf to approve the Consent Agenda as follows: 3.1 Approve City Council Minutes: September 19, and 26, 1995 3.2 Receive and File: Notification that City of Tigard was Awarded the Distinguished Budget Presentation Award for the Current Fiscal Year 3.3 Local Contract Review Board: Approve Purchase of Thermolay Hot Asphalt Patch Truck from Sahlberg Equipment, Inc. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Rohlf and Scheckla voted "yes.") • NON-AGENDA ITEM: > Purchase of Six Police Patrol Vehicles Lt. Bob Wheeler, Police Department, was present and reviewed the staff report on frle with the Council packet material. Brief discussion followed. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to approve the staff recommendation for the purchase of six 1996 Ford Crown Victoria police patrol vehicles from Skyline Sales, Inc., on State Bid #5412. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Rohif and Scheckla voted "yes.") 4. CONSIDERATION OF PROHIBITING PARKING ON SW 70TH AVENGE BETWEEN BEVELAND STREET AND FRANKLIN STREET a. City Engineer Wooley reviewed the staff report on file with the Council packet material. b. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to approve Ordinance No. 95-23. ORDINANCE NO. 95-23 - AN ORDINANCE AMENDING T.M.C. 10.28.130 BY ADDING PORTIONS OF S.W. 70TH AVENUE WHERE PARKING IS PROHIBITED. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Rohlf and Scheckla voted "yes.") CITY COUNCIL N EETL 1G MINUTES - OCTOBER 24, 1995 - PAGE 2 1 S. CONSIDERATION OF FINAL ORDER (QUASI-JUDICIAL) - SITE DEVELOPMENT REVIEW (SDR) 91-0005/VARIANCE (VAR) 91-0010 DOLAN/MENDEZ ► 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 2S 1 2AC, tax lot 700). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.84, 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 service activities, among other uses. a. Legal Counsel Ramis reported that the City Council voted [on 8/29/95] to tentatively support the staff recommendation and directed staff to come back with findings to support that recommendation. Mr. Ramis advised that Council, after reviewing the proposed findings may deliberate to approve the findings or direct staff to make any necessary changes. b. Council Comment: > Councilor Rohif advised findings appear to reflect the Council decision made when last considered; however, he said he would like a statement added to reflect that Council supports having this store in the downtown the store is an enhancement to the downtown area. > Councilor Scheckla said he did not like the way the final order document was prepared and advised he did not believe he would be supporting the recommendation. > Mayor Nicoll agreed with Councilor RohlPs comment to add a statement of support for this store in the downtown. In addition, .Mayor Nicoll requested that wording be added to the findings to reflect that the easement area can count toward the percentage of landscaped area required whether or not the easement area is landscaped. Additional property would then be available for building area. CITY COUNCIL N EET1 iG MINUTES - OCTOBER 24, 1995 - PAGE 3 f C. Consideration of Findings Set Over After brief discussion, majority consensus of Council was to delay tatting a vote on the final decision until November 14, 1995, for full Council review and also so Staff could revise the findings with the two additions noted by Councilor Rohif and Mayor Nicoll. 6. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA) 95-00041SNOOK ► A request to annex one parcel of 0.53 acres into the city and to change the zoning from Washington County R-5 to City of Tigard, R-4.5. Location: The southwest comer of S.W. Gaarde Street and S.W. 1 14th Avenue. Applicable review criteria: The relevant review criteria in this case are Comprehensive Plan policies 2.1 1, citizen involvement; 10.1.1, service delivery capacity; 10.1.2, boundary criteria; and 10. 1.3 zoning designation. Community Development Code Chapters 18.136, annexation requirements; and 18.138, land classification of annexed territory. ZONE: Presently Washington County R-5. a. Public hearing was opened. b. Declarations or Challenges Mayor Nicoll read the following statement: Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? (None were reported.) Have all members familiarized themselves with the application? (All members indicated they were familiar 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 Associate Planner Valone summarized the staff report on file with the Council packet material CITY COU CIL MEETLNG MLNUTES - OCTOBER 24, 1995 - PAGE 4 d. Public Testimony: > Applicant - Rick Snook, 11430 S.W. Gaarde Street, Tigard, Oregon, testified as owner of the property. He advised he wanted to annex to the City so he could obtain sewer service. e. Staff Recommendation: Associate Planner Valone recommended Council adopt the proposed 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. f. Council Comment: In response to a question from Councilor Rohif, staff advised that an analysis of annexation procedures will be presented to Council in the upcoming months, including a recommendation on annexation of properties within island areas. Surrounding property owners were contacted for interest in annexation to the City when an earlier annexation request had been processed. These property owners had no interest in annexing. g. Public hearing was closed. h. Council consideration: RESOLUTION NO.95-54-A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0004) Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt Resolution No. 95-54. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Rohif and Scheckla voted "yes.") ORDINANCE NO. 95-24- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 95-0004). Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt Ordinance No. 95-24. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli'and Councilors Rohif and Scheckla voted "yes.") CITY COUNCIL N EETLYG NIM; TES - OCTOBER 24, 1995 - PAGE 5 r 7. PUBLIC HEARING (LEGISLATIVE) - PARKS SYSTEMS DEVELOPMENT CHARGES (SDC's) AND METHODOLOGY FOR CALCULATION OF THE SDC's. . To consider changes to the City's Park Systems Development Charges (SDC's) and to the methodology pertaining to the calculation of these SDC's. > Council consensus was to set this hearing over to November 14, 1995, in order to have the hearing when the full Council was present. 8. TRIANGLE DESIGN GUIDELINE STUDY Community Development Director Hendryx and Associate Planner Valone reviewed the staff report and accompanying memorandum on file with the Council packet material. Councilor Rohif asked if the process could be sped up. Community. Development Director Hendryx responded that the Triangle is a high priority for the.Department; staff will expedite as much as possible. Discussion followed on the areas where work is needed in the Triangle, including the following: > Concern for people in the area who are being held up with plans for the use of their property; need to share information with these people. > ODOT, DLCD, and DEQ impacts to transportation planning and implementation in the Triangle. > Tri-Met has plans for expansion of service along Highway 217. > Metro 2040 shows the Triangle Area as an employment center. > Acknowledgement that this is a high priority; no objections to workplan were noted. 9. PRESENTATION OF TRI-MET OFFICIALS - BUS SERVICE TO TIGARD AREA Phil Sellinger of Tri-Met distributed information (summary on file with the Council packet material) and summarized the following: > Tri-Met Service Proposal for the Highway 217 Corridor. > Proposed Service Highlights Mr. Sellinger advised that Tri Met representatives have formed a task force and have met with several community groups including Tigard's Citizen Involvement Teams and Chamber of Commerce. CITY COUNCIL MEETPiG NI MN JTES - OCTOBER 24, 1995 - PAGE 6 10. NON-AGENDA ITEMS - (Considered after item No 3., Consent Agenda - see above). 11. EXECUTIVE SESSION - Canceled 12. ADJOURNMENT: 10:10 p.m. 0a_t4&z/L_i/w Attest: Catherine Wheatley, City Recorder ~r Ma r City of Tigard Date: 1 1 0 le15- Rrecorderkcmkmn 1024.96 I I CITY COLNI CEL INIEETNG TNILNL TES - OCTOBER 24, 1995 - PAGE 7 L ~ • Name Final Order Number ANNEXATION FOLLOW-UP PROCEDURE 1. Receive Final Order from Boundary Commission. Date 2. Request census. If less than 200 homes City Recorder must perform. (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. 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 J W~ 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 in memo. Date 5. Notify agencies Pannexation (see list attached) s . Lett• must ~ be sent by certified mail to: General Telephone Co.; Pacific NW Bell 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 h:\Iogin\jo\an nexpro.1 Revised 03/95 Return completed questionnaire to: Center for Population Research and Census Portland State University Portland, OR 97207-0751 No later than March 27, 1996 for certification on March 31, 1996. A N N E X A T I O N Q U E S T I O N N A I R E City of County of Annexation ~(rdinance Number or Final Order Number Effective Date of Annexation ic-1 /gcC5 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 to be certified. Complete the following section if there are less than 200 housing units in this annexation. Attach completed confidential census schedules for all housing units both vacant and occupied. There must be one sheet for each inhabitable housing unit. HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION TOTAL OCCUPIED VACANT PERSONS UNITS IN SINGLE FAMILY STRUCTURES UNITS IN MULTIPLE FAMILY STRUCTURES MOBILE HOMES OR TRAILERS TOTAL POPULATION OF ANNEXED AREA 7 DATE OF ENUMERATION ENUMERATED BY POSITION ~(~:~•r, y , . TELEPHONE NUM. -,:J 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 Wineberg at the Center for Population Research and Census (503) 725- 3922. THANK YOU. OCONFIDENTIAO city of J~-- Address HOUSING TYPE TENURE Single Unit Structure (v) Owner occupied) Multiple Unit Structure ( ) Renter Occupied ( ) Trailer or Mobile Home ( ) Vacant ( ) RESIDENTS Last Name First Name Sex Age Respondent 3. 4. 5. 6. 7. o. 9. 10. Portland State University School of Urban and Public Affairs Center For Pcou?ation Research and census 725-3922 NOTICE TO TAXING DISTRICTS. ORS 308.225 OREGON DEPARTMENT OF REVENUE This is to notify you that your boundary Cartographic Unit change in Washington County, for 955 Center Street HE ANNEX TO THE CITY OF Salem. OR 97310 TIGARD. WITHDRAW FROM (503) 995--8297 WASHINGTON CO. SERV. DIST FAX (503) 945-8737 #1 TDD (503) 945•-8617 FINAL ORD. #3539 has been: CITY OF TIGARD ® Received 1-2-96 FINANCE DIRECTOR 13125 SW HALL BLVD TIGARD OR 97223 Approved 1-3-96 Notes: ❑ Disapproved (see notes) FOR MAPPING UNIT AND ASSESSOR USE ONLY Department of Revenue file number: DOR 34•°1106°-96 Mike Hughes Boundary: ® Change ❑ Proposed change ❑ Planned change The change is for: ❑ Formation of a new district 0 Description 8*>k*~c*~k~K*~k*%~8****>k****~k~k~k~k#&~k ' ® Annexation of a territory to a district Ej Map 3 DESCRIPTION AND MAP APPROVED # ® Withdrawal of a territory from a district # 1-•3-96 ❑ Dissolution of a district AS PER ORS 308.225 ❑ Transfer ❑ Merge Received from: P . M . B . C . 150.303-039 (Rev. 12.93) Distribution: White - taxing diet. Canary - county assessor Pink- Dept. of Revenue Goldenrod - county commissioners or County Court/Boundary Commission (if appropriate) Adk CITY OF TIGARD OREGON January 16, 1996 Mayor Jim Nicoll City Rick and Paula Snook Council Wends Conover Hawley 11430 SW Gaarde Street Paul Hunt Tigard, OR 97224 Bob Rohlf Ken Scheckla Dear Mr. and Mrs. Snook: We received official notification that the annexation proposal you requested became final. The effective date of the annexation was December 14, 1995. On behalf of the City Council, I welcome you to the City of Tigard. The County Elections Department has been notified; they will update your voter registration so you can vote on Tigard issues and candidates. Emergency public safety services can be reached by dialing 9-1-1. The Fire District continues to serve you as before. The Tigard Police Department will now respond instead of the Sheriffs Department. Please call the'Police Department for any public safety concerns you may have. Tigard is proud of its well-run facilities. Street maintenance and sewer line services are provided by the City. Unified Sewerage Agency is responsible for sewage treatment through a contract with the City. Your sewer billing will be handled through a City billing process instead of through the County tax bill. Water service will continue through the Tigard Water Department 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 Finance and Administration Departments are oriented to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questions or concerns. Once again, I wish you a sincer welcome. Sin ly, mes Nicoli ayor enclosure jAadmyo\welcome 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 January 16, 1996 FINAL ORDER ON ANNEXATION 3539 ZCA95-0004 (Snook) We have received the final order on Annexation 3539 ZCA95-0004 (Snook), effective December 14, 1995. A map of the annexed property is attached. Census information is as follows: Final Order 3539: Owner: Rick & Paula Snook 2S110AB-04000, 1 SF dwelling 11430 SW Gaarde St. Est. population - 2 Tigard, OR 97224 Please call if you have any questions. Ray, alone Community Development Department jig/annexmer.2 MEMORANDUM CITY OF TIGARD, OREGON TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley, Gary Alfson, Randy Volk, Jill Aldrich, Kathy Davis FROM: Ray Valone DATE: January 16, 1996 SUBJECT: Final Order on Annexation 3539 ZCA95-0004 (Snook) We have received the final order on Annexation 3539 ZCA95-0004 (Snook), effective December 14, 1995. A map of the annexed property is attached. Census information is as follows: Final Order 3539: Owner: Rick & Paula Snook 2S110AB-04000, 1 SF dwelling 11430 SW Gaarde St. Est. population - 2 Tigard, OR 97224 '~\cdadm\1'arree\annex\annexmem i. PORTLAND METROPWAN AREA LOCAL GOVERNMENT ONDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO: 3539 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3539 commenced upon receipt by the Boundary Commission of a resolution and property owner/registered voter consents from the City on October 31, 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 December 14, 1995. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical develop- ment of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: Na) 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 ap- proach 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. Communi- ty 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 Final Order - Page 1 single governmental aVcy, rather than several governmentogencies is 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: Na) 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: Na) 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 wit* a district may not be included with*r annexed Y Y 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 Commis- sion approved Boundary Change Proposal No. 3539 on December 14, 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: -A-, MIS BY: ()Ohair ATTEST: Final Order - Page 3 • • Exhibit A Proposal No. 3539 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory contains .53 acres, 1 single family dwelling, an estimated population of 2, and is evaluated at $77,720. 2. The petitioners desire annexation in order to acquire sewer service from the City. 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 downward from northwest to southeast at a 5%-7% grade. Land use on surrounding parcels consists of single-family residences to the east, south, north west. The territory is contiguous to the City on the north and east. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. 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. 7. 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. 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 Final Order - Page 4 • . Exhibit A Proposal No. 3539 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. 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 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. 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 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. 3. 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 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 Commu- nity Development Code based on the findings below: 1. 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 designa- tion of R-5 while implementing the city's Comprehensive Plan designation of Low Density Residential. Final Order - Page 5 i 0 Exhibit A Proposal No. 3539 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 shall be designated an established area on the develop- ment standards area map of the comprehensive plan." 10. There is an 8-inch sewer located in SW 114th at the east edge of the property. 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. I 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. USA's monthly sanitary sewer user charges consist of a base rate of $14.59 per month plus a consumption charge of 51.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by USA. 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 1995-96 tax year is $.0927 per thousand assessed value, would remain the same since the City is in the District. 11. The site is 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 provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also Final Order - Page 6 • • Exhibit A Proposal No. 3539 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 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 Washing- ton County Enhanced Sheriff's Patrol District and the District's $ .7481 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. Emergen- cy 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 $.2886 per $1000 assessed value will no longer apply to the property. Both of the adjacent streets (SW Gaarde Street and SW 114th Avenue) are already within the City. 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. 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. 17. Tigard operates a park system funded through its tax base which finances the general fund. 18. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. Final Order - Page 7 • • Exhibit A Proposal No. 3539 The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3788 (fiscal year 1995-96) 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 to a City storm drainage facility in SW 114th Avenue. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. REASONS FOR DECISION Based on the Findings, the Commission determined: 1. The proposal is consistent with city, county and regional planning for the area. 2. The City can provide an adequate quality and quantity of public services to the area. 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 8 0 Exhibit B Proposal No. 3539 LEGAL DESCRIPTION ANNEXATION TO City of Tigard THAT PORTION OF LOT 19 COLE'S ACRES, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 152.5 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 150 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO RONALD J. TEMPLETON, ET UX BY DEED RECORDED MARCH 2, 1965 IN BOOK 542, PAGE 516 RECORDS OF WASHINGTON COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID TEMPLETON PARCEL 152.5 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID TEMPLETON PARCEL, SAID CORNER BEING ON THE WEST LINE OF SAID LOT 19; THENCE NORTH 150 FEET MORE OR LESS TO THE POINT OF BEGINNING Final Order - Page 9 PROPOSAL ■ 3539 NW1 /4 NE1 /4 SECTION 10 T2S R1 W W.M. 2S 1 10AB Washington County Scale: 1 200' ~Q Z ~S_.,... •p; C.1tZa5 STREET s 4200 4100 :4000 ~:v: ::}'{t s' ir 1400 f JOK .1JK :'~f•.L" Z 4400 4500 tff \ 100 :•:AREATOBE:. W $ ; 1.92K \ : ANNEXED;:: Q 1 2 1 9 9 -04 ro' n. 4300 3900 1600 2,r \ -W AC JJK JS AC p 23-78 S W . ne.w m.w ix.~ _ Z - 3800 23-7 8 , ; 9/ K 8 Q cqf~ V . ei. 1wnaL rol M no n+ na v >o . m' 3700 OOF'1700 1300 m 11 w.ii ; 400 2 . 111 .f/K JJ/4" ./fK 45ZAr s. A. R SEE V C g I 17 J 1200 .if 23 1 K nr = ' a 3600 ➢ I I 0 .J/K 500 } - - - - .6 1111. .Q ~m r .16K 1< 000 -74 N 1t!' I.01.H' - 0 ~rtlill~A /V.Ciiy 900 - - - - ryry f7 3200 19 JJK 31ao St . K r, 1 1c r /,N -r~. FrV 1i Y 5 .JS A. p 6 800 C b 2 / \U.~ Y 2J K of 2900 3000 2000 Y TIGARD 000, .41 K • A. ti A .IS .u 14 A 7 1 1JK s ~ 3 ~'~e• 1` / r ti'• z900 - 2100 2202 ii A r / .JJK 1 2700 r.n .N K .If.c. r - - r.~ - V 13.171. g R 6 22 t 2201 - ♦ `C nr T w A JSAC. .r K 82300 ! 1 12 4.1,A 4- a1 a.t.r fof T' i for ♦ ! f ? A . Q. / 3 _ 110 4 PROPOSAL NO. 3539 CITY OF TIGARD ANNEXATION FIGURE 2 M December 14, 1995 Hearing PROPOSAL NO. 3539 - CITY OF TIGARD - Annexation Petitioner: City of Tigard; Rick & Paula Snook 90th Day: January 29, 1996 Proposal No. 3539 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 annexed. 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 and the west edge of SW 1 14th Avenue. The territory con- tains .53 acres, 1 single family dwelling, an estimated population of 2, and is evaluated at $77,720. REASON FOR ANNEXATION The petitioners desire annexation in order to acquire sewer service from the City. 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. LAND USE PLANNING Site Characteristics. The site slopes downward from northwest to southeast at a 5%-7% grade. Land use on surrounding parcels consists of single-family residences to the east, south, north west. The territory is contiguous to the City on the north and east. Proposal No. 3539 - Page 1 Regional Planning. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washington County Planning. 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. Washington County has a single designation for planning and zoning. County 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 Planning 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 Active Planninga 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 the greatest extent possible..... 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. Proposal No. 3539 - Page 2 0 • 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 Planning Area Agreement B. Prior to the commencement of periodic review for the City of Tigard and the County'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 complete, subject to the time constraint and other requirements of the COUNTY's land use ordinance hearings and adoption process. C. The parties will 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. Proposal No. 3539 - Page 3 City of Tigard Planning. 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: 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. and 10. 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 level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; 2. sewer; 3. drainage; 4. streets; 5. police; and 6. fire protection. b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a non-remonstrance agreement regarding the following: Proposal No. 3539 - Page 4 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; b) sewer; c) drainage; and d) streets. t*. 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). annexation of land into the city which carries a Washington County zoning 10.1.3 Upon designation, the City of Tigard shall assign the City of Tigard zoning district designa- tion 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 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. 3. 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 Proposal No. 3539 - Page 5 • 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: 1. 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 shall be designated an established area on the development standards area map of the comprehensive plan. FACILITIES AND SERVICES Sanitary Sewer Service. There is an 8-inch sewer located in SW 1 14th at the east edge of the property. 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. Proposal No. 3539 - Page 6 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. USA's monthly sanitary sewer user charges consist of 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. 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 1995-95 tax year is $.0927 per thousand assessed value, would remain the same since the City is in the District. Water Service. The site is 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 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 $ .7481 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. 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. 3539 - Page 7 the District and the District's levy of $.2886 per $1000 assessed value will no longer apply to the property. Both of the adjacent streets (SW Gaarde Street and SW 1 14th Avenue) are 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. Parks. Tigard operates a park system funded through its tax base which finances the general fund. Libraries. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3788 (fiscal year 1995-96) 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 Drainage. The site drains to a City storm drainage facility in SW 1 14th Avenue. The Unified Sewerage Agency levies an annual assessment for storm drainage services of 836 per dwelling unit of which 824 goes to the City. RECOMMENDATION Based on the study and the proposed Findings and Reasons for Decisions' found in Exhibit A, the staff recommends that Proposal No. 3539 be approved. Proposal No. 3539 - Page 8 i • N 3539 t. PROPOS S .cola st. Z PCAI. K• i _^'1 C7. pa.01. SS. t Ci ( ~ ~ rtttvlt• CI. .t l(rl1 , 71, uK(Pe1pC ,`1 - Cwt k(p a tpf■ f ti (r a1f11 Q S Rs~+r.yr SIY~P aQ~ :s. r 1.41 l 11•,(PCPkSi p. `cA ~ Z a, g a ,W 1 ~ d o / 510.4 = C1. aKta t p.•wS 1 ~ ~ ,y/ ~ 1 ~ "ist Q i tt~ S 11::11 - + • ,~..r •lal.(1 PtOft ~ t. a ~ ' welt ti. / 11•r`- - •f / p,A~ ti, v 1 Pt•~ t Q n A Sr ~ ti S l.' • +a III+•tP Si. p(PPI pCl.k Ct. C tr ~ t' ~4 C. Syarl ' AREA TO BES o ANNEXED 3 a u s 1. ' 11 8 ..tP it. j r q tpu•opo r, ~ la1M A+~ +r+ r ~rr 1 rr l~ ~r C~\ d. j•' .1 rrt. C /wP- / a1PVlS t = r uvu. St. .~i ~ 1 i a. - c,POtP S o Po:[ sl. e Y .t p. it ~ al ,,.e., r klk P ppwu0+ _ si. j S co s y laxa.l 000 n ~ ~P ~ V11. : 7(a.1 ~,J•' a;.f~ rf Ca cr. "v _ t. .4. N. IKI III t Ital 1 /(rM00• S t •i.. 1 1 Z c, TIG AR{TJ1 1n p . 21.))S s.l ■ 1 ~i~ yP.ar ` f3~CCs 'r s cit. 7, ~ / J 4 aw C ~ ~ t•~ CIPI e•- .I~a; AREA SHOWN ABOVE - 3539 PROPOSAL NO CITY OF TIGARD ANNEXATION FIGURE s . PROPOSAL ■ 3539 NW 1 /4 NE1 /4 SECTION 10 T2S R1 W W.M. 2S 1 10AB Washington County Scale: 1 200' -tea' • ;Sw...... ......~t~. .-G>AARgE..~o C.Itz= STREET s 4100 :'4000 r:v::•:tiv:':• y+ .+.r c 4200 1400 JOK SJC Z 4400 4500 I.17 \ 100 :iAREATOBE:. w ANNEXED;: Q 4300 •3900 1600 e,y t"'• -W AC 23-78 VVV 4tq z SSW 23-7 8 .91 Ar 4 I6 ~l 3 ! V .mo. INITIAL. POI M Vd 30, 103 II b • tl SSf• 3700 1700 1300111 ro..T 400 ° .J/K .$5 AC ./!K 4. "AC S. A. SEE IT C A I J 4 1200 b 2S 1 30` nl,t °r 3600 I I 0 ~'F•f' .J/K DD - - - Al K .IJ IC .p \ ZfAr Is .0 p? K 1000 -74 i .SJ K aid as I ql,T• 4/Rl~l/T TW ~200K 1100 ....ao A T AN r rl• U R \f 5 .JrK ~ 6 600 Y - lJ K Z VT IGARD ft, 2900 3000 zooo e /q••r 14 A 7 1 -4. Ar Z 1J K _ ~ 3 ~ / ~ 002.00 - 2100 .2202 'r I A r 02. 11.11 K 1 2700 T 13 JS K 4 R_ 6 22 ~I[ mo'b' - - P - 1 it • A .11Ac. 82300 3 I C d'•9'' / t...a 12 R..41♦ -~I _ - - o- / t0, TTY ,.T ♦ ~ t A IA AQ. ~ / 2 K '*5 Yom" b ~ Gj• 4t 00 PROPOSAL NO. 3539 CITY OF TIGARD ANNEXATION FIGURE 2 Exhibit A Proposal No. 3539 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory contains .53 acres, 1 single family dwelling, an estimated population of 2, and is evaluated at $77,720. 2. The petitioners desire annexation in order to acquire sewer service from the City. 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 site slopes downward from northwest to southeast at a 5%-7% grade. Land use on surrounding parcels consists of single-family residences to the east, south, north west. The territory is contiguous to the City on the north and east. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. 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 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. Findings - Page 1 of 6 • • Exhibit A Proposal No. 3539 7. 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. 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. 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 effec- tive. 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. 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 surround- ing property 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 provid- ers indicate that adequate services are available and may be extended to accommodate the affected property. 3. 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 within the city's urban planning area and is contigu- Findings - Page 2 of 6 0 Exhibit A Proposal No. 3539 ous to the city boundary; and adequate services are available to accommo- date the property. The City determined that the proposal is consistent with the relevant portions of the Community Development Code based on the findings below: 1. Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. C. The zoning designation of R-4.5 most closely conforms to the county designation of R-5 while implementing the city's Comprehensive Plan designation of Low Density Residential. 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 shall be designated an established area on the development standards area map of the comprehensive plan." 10. There is an 8-inch sewer located in SW 114th at the east edge of the property. 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, Hillsbo- ro, 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 con- struction 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. Findings - Page 3 of 6 Exhibit A Proposal No. 3539 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. USA's monthly sanitary sewer user charges consist of 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. USA assesses a property tax which goes toward payment of bonds sold to con- struct district-wide major improvements and regional treatment plants. Subsequent to annexation this tax, which for the 1995-95 tax year is $.0927 per thousand assessed value, would remain the same since the City is in the District. 11. The site is 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 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 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 $ .7481 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 4 of 6 Exhibit A Proposal No. 3539 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 Mainte- nance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.2886 per $1000 assessed value will no longer apply to the property. Both of the adjacent streets (SW Gaarde Street and SW 114th Avenue) are already within the City. 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. 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. 17. Tigard operates a park system funded through its tax base which finances the general fund. 18. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3788 (fiscal year 1995-96) 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 to a City storm drainage facility in SW 1 14th Avenue. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. Findings - Page 5 of 6 Exhibit A Proposal No. 3539 REASONS FOR DECISION Based on the Findings, the Commission determined: 1. The proposal is consistent with city, county and regional planning for the area. 2. The City can provide an adequate quality and quantity of public services to the area. 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). Findings - Page 6 of 6 Z 076 149 .911 Z 076 149 909 Z 076 149 910 Receipt for Receipt for Receipt for Certified Mail Certified Mail Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided No Insurance Coverage Provided WaTEDSTATES Do not use for International Mail Do not use for International Mail Do not use for International Mail - VDSTAESERCE IS a everse) (See Reverse) (See Reverse) 5drit'tofm , S r ;to ~ I $ o ~ e~ ~Stre and. No, VIM. ~C~CU T i 0., State and ZIP C e ,A S P State anG ZIP e -A= 0. tat and Z e O n O q, tq ►4K K Postage $ ' Postage $ Postage $ ` r Certified Fee 1 T Certified Fee 1 O Certified Fee , I U •1. 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DO CO) c 0 LL LL a a n (L Z 076 149 907 076 149 904 Z 076 149 897 Receipt for Receipt for Receipt for Certified Mail Certified Mail - No Insurance Coverage Provided No Insurance Coverage Provided Certified Mail UAITED STS Do not use for International Mail No Insurance Coverage Provided Dw Do not use for International Mail (See Reverse) aosTU SE"vrcE W ED STATES Do not use for International Mail (See Reverse) PDSTAE SERGE s s to (See Reverse) Let tao. t 5 S_~ Ncy t Street a~ e a e t~ 0~ anNIP de 1 `i iT~♦ 1^ e d P /Vy 6 w ^ ~l de 1 Postage Postage i $ •2~ Postage Certified Fee $ ~ p1• Certified Fee Certified Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee M Return Receipt Showing C0 g to Whom & Date Delivered Of Return Receipt Showin Return Of to Whom & Date Delivered 1 Receipt Showing Return Receipt Showing to Of to Whom & Date Delivered 1 l D L Return Receipt Showing to Whom, Date, and Addressee's AddFe Date, and Addressee's Address Return Receipt Showing to Whom, TOTAL Postage it- ( - L) Date, and Addressee's Address M TOTAL Postage & Fees & Fees TOTAL Postage f~~? ~•%v y'} S, 00 ~F%. Postmark or Date Postmark or Date Q O & Fees ' 00 M h -czti / co ~ 9 (Iq 40 Postmark or Date dl~Ub \ CV) LL E am CL IL ~o' v~ 1 Z 076 149 906 Z 076 149 908 Receipt f®ir Receipt g®r Certified Mail (certified Mail No Insurance Coverage Provided No Insurance Coverage Provided "«,TE® Do not use for Do not use for International Mail ^~TnrsEwcE International er nasiocs (See Reverse) Mail POST4l MW CE ire• (See Reverse) + Sent for S a and No VV d N ' Arta t NA ~b St n ZIP ,C tl od A 0., State Q ft Postage Postage wtk $ . Certified Fee $ • Certified Fee 1 1 ~ l Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing C) Return Receipt Showing O) to Whom & Date Delivered , 0) to Whom & Date Delivered h Y ` L Return Receipt Showingry t Data, and Addressee Return Receipt Showing to >o 's Adrr e/^!'` If 2 Date, and Addressee's Add pj, 2 TOTAL Postage A & Fees t 'J TOTAL Postage $ & Fees Postmark or Date Y ® Postmark or Date ~f~'•'• i CO) CV) ti c co LL 0- N M Z 076 149.905 Z 076 149 912 Receipt for receipt f®rr Certified Maio Certified Mail ® No Insurance Coverage Provided No Insurance mom Do not use for International Mail Coverage Provided nosTN SEwicE (See Reverse) a^*EO~*•*~s Do not use for International Mail .osTgL SEMCE Set (See Reverse) i -Sent t I Street and No. 1 Ito j S of nd I Sta d ZIP Code G~~, 0. late and 21P de Postage $ ~ Postage Certified Fee ` $ • Certified Fee Special Delivery Fee 1 Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing , to Whom & Date Delivered' Return Receipt Showing O) to Whom & Date Delivere Z Return Receipt Showing9{d~N/' m; ` ° d' • ; t Date, and Addressee'srAdHis L Return Receipt Showing Io Whom 2 Date, and Addressee's Address - S TOTAL Postage 3y I t0 & Fees h a 67, Z TOTAL Postage O & Fees Postmark or Date Postmark or Date CIO cr) a a m SENDER: C`' SENDER: l also wish to receive the o -Complete items 1 and/or 2 for additional services. I also WISh to receive the m -Complete items 3, 4a, and 4b. followin services for an 32 ■Complte items 1 and/or 2 for additional services. m ■ Print your name and address on the reverse of this form so that we can return this g ( 0 ■ Complete items 3, 4a, and 4b. following services (for an card to you. extra feem ■ print your name and address on the reverse of this form so that we can return this extra fee): ai j -Attach this form to the front of the mailpiece, or on the back if space does not 4) card you. ° ` permit. 1. 11 Addressee's Address I .Attach h this form to the from of the mtlpiece, or on the bads if apace does not 13 Addressee's Address Z m ■Write'Retum Receipt Requested' on the mailpiece below the article number. d I m permit. d Write,Re « -The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery to I m ,The Return Receipt will shoo who the article wasldeli delivered article number. and the.d to 2: ❑ Restricted Delivery a) a c delivered. Consult postmaster for fee. M c delivered. Consult postmaster for fee. v 3. Article Addressed to: 4a. Article Number d t ° 4a. Article Number v 3. Article Addressed to: d SCHMIDT' S SANITARY SERVICE INC Z-.O 1 ~9 m CL E d PRIDE DISPOSAL SERVICE INC ° E 8325 SW ROSS 4b. Service Type d E PO BOX 820 4b. Service Type d L to TIGARD, OR 97223 ❑ Registered prCertified 0 ❑ Registered Certified o W ❑ Express Mail ❑ Insured fn SHERWOOD, OR 97140 V D Express Mail ❑ Insured c ❑ Return Receipt for Merchandise ❑ COD lum Receipt for Merchandise ❑ COD c 7. Date of Delive ° 7`~Date of Delivery ` z Y, 5. Received B Print Name 9 Y Z I F see' Address nl nested y: (Print Name) 8. Addressee's Address (Only i/requeste r a ived By: (Print Name) 1 ( y is and fee is paid) r i M C-f e is paid) F 0 6. Sign re: (Ad essee Agent) ! re: (Addres c~rAgsinl) X % Tporm Domestic Return Receipt PS f=orm 3811, December 1994 Domestic Return Receipt 8 11, D ember 1994 d SENDER: j d SENDER: 'o ■Complete items 1 and/or 2 for additional services. I also WISh to receive the v .Complete items 1 and/or 2 for additional services. I also WISh to reC81V8 the ■Complete items 3, 4a, and 4b. following services (for an I aComplete items 3, 4a, and 4b. following services (for an m -Print our name and address on the reverse of this form so that we can return this d -Print your name and address on the reverse of this form so that we can return this extra fee : W y extra fee): C card to you. card to you. ai ■p ;this forth to the front of the mailpiece, or on the bads if space does hot 1. ❑ Addressee's Address Z Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address d ■Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery N I t -NWrite'Return The Return Receipt will Receipt Requested'on the show to whom the article was the article and the date 2• 13 Restricted Delivery Cl) -The Return Receipt will show to whom the article was delivered and the date t delivered. Consult postmaster for fee. I c delivered. Consult postmaster for fee. a o v 3. Article Addressed to: 4a. Article Number d I a 3. Article Addressed to: 4a. Article Number d Z~ 1 W' y a c 1 m MILLER'S SANITARY SERVICE INC 2. O~~ q„ c CL PACIFIC NW BELL TELEPHONE CO 4b. Service Type / r I E PO BOX 217 4b. Service Type m ATTN: SUE KNABLE OR PAT PROUSE ❑ Registered WCerfified °C u BEAVERTON, OR 97075-0217 ❑ Registered fCertied of cn - 450 110TH NE, RM 409 c S (n ❑ Express Mail ❑ Insured 1 ❑ Express Mail ❑ Insured UJI BELLEVUE, WA 98004 ❑ Return Receipt for Merchandise ❑ COD ❑ Return Receipt for Merchane ❑ COD c 7. Date of Delivery 9 i 7. Date of Deli ery e A r T 02 5. R rint N e 8. Addressee's Address (Only if requested ! p S. Received By: (Print Name) 8. Addressee's Address (Only if requested o + m t paid) t and fee is paid) and fee is J 6. Signature: (Addressee or Agent) 6. Sig • Addressee Age 7t) o X T PS f=orm 3811, December 1994 Domestic Return Receipt 2 PS Form 3811, December 1994 Domestic Return Receipt + I co- SENDER: d SENDER: 9 .Complete items 1 and/or 2 for additional services. I also wish to receive the 9 .Complete items 1 and/or 2 for additional services. I also wish to receive the .Complete items 3, 4a, and 4b. following services (for an m .Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee : d ■ Print your name and address on the reverse of this form so that we can return this card to ) ai extra fee): d you. card to you. ai .Attach this form to the front of the mailpiece, or on the bads if space does not 1. ❑ Addressee's Address > Attach this form to the front of the mailpiece, or an the bads if space does not 1. ❑ Addressee's Address permit. ` permit. d ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery u) m ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery rn t The Return Receipt will show to whom the article was delivered and the date . a Receipt will show to whom the article was delivered and the date `delivered. « The Return c Consult postmaster for fee. .L C delivered. Consult postmaster for fee. 9 3. Article Addressed to: 4a. Article Nu ber d '0 3. Article Addressed to: 4a. Article Number d « Ix NW NATURAL GAS CO ~ A -1 a o ~ 1 ~ a a TUALATIN VALLEY WATER DISTRICT E CUSTOMER ACCT DEPT 4b. Service Type /Certified E 4b. Service Type ¢ o ATTN: GARY PIPPIN a/ fn 222 NW SECOND AVE ❑ Registered o, l, ❑ Registered a/Certified (1) ❑ Express Mail Ensured S N BOX 745 c w PORTLAND, OR 97209 pia!'` q W ❑ Express Mail ❑ Insured w ❑ Return Receipt an OD ' BEAVERTON, OR 97075 p 1 r ❑ Return Receipt for Merchandise ❑ COD C 7. Date of Deliv ° `o a 7. Date of Delive T 17 r( ~j 00 5. Received By: (Print Name) 8. Addressee's df s (QglyJl~ r qo' sted m m 5. Received By- (print Name) 8. Addressee's Address (Only if requested W and fee is pa w and fee is paid) t g 6. Signa r Nf(AddA~ssee or Agent ~ 6. Signature; (Ad a or Age a. X 0` X PS Form 3811, December 1994 Domestic Return Receipt PS Form 38 1, Dece er 1994 Domestic Return Receipt d SENDER: I also wish to receive the 9 ■ Complete items 1 and/or 2 for additional services. co .Complete items 3, 4a, and 4b. following services (for an 0 .Print your name and address on the reverse of this form so that we can return this extra fee): U3 card to you. Attach this form to the front of the mailpiece, or on the back if space does not 1 1. ❑ Addressee's Address Z 4) permit. m ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. 11 Restricted Delivery N L .The Return Receipt will show to whom the article was delivered and the date « delivered. Consult postmaster for fee. d 0 3. Article Addressed to: 4a. Article Number a(~ Q SUSAN LOGAN a 4b. Service Type E PORTLAND GENERAL ELECTRIC ❑ Registered Certified Q rn N 121 SW SALMON, 1WTC-0502 ❑ Express Mail ❑ Insured UJI PORTLAND, OR 97204 ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 0 m 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) 6. S' na (Add ss Age 0 T PS Form 3811, December 1994 Domestic Return Receipt SENDER: I also wish to receive the v ■Complete items 1 and/or 2 for additional services. y ■Complete items 3, 4a, and 4b. following services (for an y ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai > ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address e d permit. fr w ■Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery (A ■The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. EL •a 3. Article Addressed to: 4a. Article Number 0 d UNIFIED SEWERAGE AGENCY ADMIN Z 0~ a q 6 c E WASHINGTON CO ADMIN BLDG 4b. Service Type 0 150 NORTH FIRST ST ❑ Registered CYCertitied tr w HILLSBORO, OR 97124 ❑ Express Mail ❑ Insured S o ❑ Return Receipt for Merchandise ❑ COD G 7. Date of live ry4 z 1717 0 p 5. Received By: (Print Name) 8. Addressee's A dress (Only if requested w and fee is paid) ca 6. Sign ure (AddresseVorno a°. X N 1AL PS Form 3811, December 1994 Domestic Return Receipt ai SENDER: I also wish to receive the V ■Complete items 1 and/or 2 for additional services. m ■Complete items 3, 4a, and 4b. following services (for an d ■ Print your name and address on the reverse of this form so that we can return this extra fee): d card to you. ~ ■Attach this forth to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address 2 ` perrmit. 2 ■ Write mitRetum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery N t.1 ■The Return Receipt will show to whom the article was delivered and the date a c Consult postmaster for fee. delivered. ° 4a. Article Numbe 3. Article Addressed to: O t W C d a MACC 4b. Service Type / E ATTN: BRUCE CREST [1 Registered Certified °C N 1815 NW 169TH ❑ Express Mail ❑ Insured A U) BEAVERTON, OR 97006 H ~ ❑ Return Receipt for Merchandise ❑ COD ~ °p 7. Date of Delivery, z 5. Received By: (Print Name) 8. Ad ressee s Addr t requested W w and fee is paid) a: g 6. Signature: (Addressee or gent) X C, PS Form 3811, December 1994 Domestic Return Receipt CLACKAMAS MULTNOMAH WASHINGTON PORTLAND METROPOLITAN LOCAL GOVERNMENT BOUNDARY 1 1 800 NE OREGON STREET # 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093 November 20, 1995 Ray Valone City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Ref- 3539 Dear Ray: The Boundary Commission Statute, ORS 199.410 to 199.534 authorizes posting of Public Hearing Notices within the area(s) to be annexed In order to meet the requirements of ORS 199.463, they need to be posted by November 30. 1995 Therefore, we would appreciate your cooperation in posting 3 copies of the enclosed NOTICE OF HEARING and map. They should be posted in conspicuous places within and/or immediately adjacent to the involved area(s) and they should be placed in a manner reasonably calculated to be observed by the public. (The additional copy of the hearing notice is for your records.) Also would you please send us an "AFFIDAVIT OF POSTING." Thank you. Kenneth S. Martin Executive Officer KSM/Imr Enclosures 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 NATHALIE DARCY I,LHI..IWIVW:~ MULTNOMAH WASHINGTON . PORTLAND -METROPOLITAN A' LOCAL -GOVERN :1 1'' COMMISSION. 600 NE OREGON STREET 9 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731.4093 PUBL11C IM ()TICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, DECEMBER 14, 1995, IN ROOM 602 MULTNOMAH COUNTY COURTHOUSE, 1021 SW 4TH AVE., PORTLAND, OREGON, THERE SHALL BE A PUBLIC HEARING BY AND BEFORE THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ON PROPOSALS, INCLUDING THE ONE LISTED BELOW. INTERESTED PERSONS MAY APPEAR AND WILL BE GIVEN REASONABLE OPPORTUNITY TO BE HEARD. PROPOSAL NO. 3539 - ANNEXATION TO THE CITY OF TIGARD of territory located generally in W part of the City, on S edge of SW Gaarde St. and W edge of SW 1 14th Ave.; more particularly: TL 4000 NW 1 /4 NE 1 /4 Sec. 10, T2S R 1 W, W.M., Wash Co, OR. GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING 731-4093. November 15, 1995 RAY BARTEL, CHAIRMAN STAFF COMMISSIONERS KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN FIELZERMAN DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBRODT KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB LANA RULIEN, Administrative Assistant NATHALIE DARCY V J PROPOSAL ■ 3539 NW 1 /4 NE1 /4 SECTION 10 T2S R 1 W W.M. 2S 1 1 CAB Washington County Scale: 1 200' S~►y,..._.. .-6AAR8fs..~a «::v STREET a = 1400 ..r , 4200 4100 ?4000:r'r:: s' • 20K 1J.C 4* • • • . • ••r Sri Z 4400 4500 /,97 \ too AREA TO BE W a ; P.9IK \ ANNEXED.. 19 9 -04 •o' .f. J, ,•oo' 4300 3900 L1600 •t\ J1K ; -11,4C $'1~K V W e 23-78 S z w 3800 .01 AC 0/ R a 23-78 ' 3 4 v 1f a' . INITIAL. rot m oar lClf b1 lr ]0 • ,a 3700 1700 1300 u r 1 400 1r 2 .7/K .55 AC ./OK ~ I.JSK 6. 4 SEE a w 17 a I • 1200 b 29 I ./s M ba•, ..r a 3600 ➢ j I 1 0 ..500 qj b. - - - - .IJK .2J IG • \ 16 16 110 ZlAr oa0 _ / -74 I ~ .IJK N / 1/• 4 19 900 3200 f,,o• JLFAC 3100 9. K c~ 1 C /~y ' U `t ~P 9 E: 1s IC 6 5 y 800 IJK a• Z TIGARD 2900 3000 l /?2,o WAC 9 000, 7 IJK ; I 3 •7[•~,. ~ t faq ~ 2800 v n • 2100 2202 .1J K 2700 .M K ./9Ip ~ 'C - - '•3T'• - a 1 3 cjy J7 K v A 8 22 4c. `iAM wo 7 2201 - 1 `C t d RUT 11 12 4..iLr 4- ,ae m• .ar ~ ~ +s rA y 1/ 2 K . ti.~ ~m Q aY ~t / 'b 3 Ip CO. Al A PROPOSAL NO. 3539 CITY OF TIGARD ANNEXATION FIGURE 2 CITY OF TIGARD, OREGON • ORDINANCE NO. 95-ch)/_ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 95-0004). WHEREAS, the Tigard City Council held a public hearing on October 24, 1995, to consider a zoning designation for one parcel of land located at the southwest corner of SW Gaarde Street SW 114th Avenue; and WHEREAS, on October 24, 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 May, Lot Number Current Zoning New Zoning 2S1 10AB, lot 4000 Wash. Co. R-5 Tigard R-4.5 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 Un a-'ry►'Y1: nx y vote of all Council members resent after being read by number and title only, this eQL14 day o f CkotVW4- , 19 9 Catherine Wheatley, City ecorder APPROVED: By Tigard City Council is day onttlQ_gA~ , 1995. ti s Ni li, Mayor A roved as ft form: y Attorney Date ORDINANCE No. 95- Page 1 CITY OF TIGARD, OREGON RESOLUTION NO. 95-54 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0004). WHEREAS, the Tigard City Council held a hearing on October 24, 1995, to consider the annexation of one parcel consisting of 0.53 acres located at the southwest corner of SW Gaarde Street and SW 114th 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 Portl d Metropolitan Area Local Governmen Boundary Co miss' n at once. PASSED: This day o 1995. City of Ti and ATT T: "U rvt. City Recorder - City of Ti rd '-Certified to be a True Copy of j a ~Cl S~ Origi Date n on file RESOLUTION NO. 95- Sao By: (.(1~ /1 ~/lt,` 11Q ITV f Page 1 City Recorder • City of Tig rd Date: _h La g~41 STAFF REPORT EXHIBIT A October 24, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0004 REQUEST: To annex one parcel of 0.53 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: Rick and Paula Snook 11430 SW Gaarde Street Tigard, OR 97224 OWNERS: Same LOCATION: The southwest corner of SW Gaarde Street and SW 114th Avenue - WCTM 2S1 10AB, lot 4000 (see vicinity exhibit map). 2. Vicinity Information Properties to the north and east are in the city and zoned R-4.5. Properties immediately to the south and west are in Washington County R-5. These parcels have single family residences on them. 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 site slopes gently downward from northwest to southeast at a 5-711 grade. There are no remarkable natural features on the site. There is one single family house on the northern portion of the site. The site has approximately 150 feet of frontage along Gaarde Street, which is functionally classified as a major collector. 1 • The applicants have requested that the site be annexed to the city by means of the double majority method. Representing the owners of more than half the land (10016) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The applicants intend to partition the parcel after annexation to the city. 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. Agency Comments The Engineering Division, Tigard Police and Water departments, PGE and General Telephone have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; 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, Engineering, Water Department, USA and TVF&R have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. 2 4. Policy 10.1.4, zoning designation, is satisfied because the affected parcel will be designated as R-4.5, which is the most closely conforming zoning designation to the existing Washington County zoning of R-5. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. 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 95-0004. 3 N y~ O O n r Z TNT 4. D it •y.' •~S~ gam'. a " 7 O p Ate NN p~A 1 • • AGENDA ITEM # For Agenda of October 24, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Chancre Annexation ZCA 95-0004 i PREPARED BY :«ay a-l h-e DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE~THE COUNCIL Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one parcel consisting of 0.53 acres located at the southwest corner of SW Gaarde Street and SW 114th Avenue? 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 SUMMARY The proposed annexation consists of territory comprised of one parcel of land, totaling 0.53 acres, which is contiguous to the City of Tigard. The applicants request annexation in order to be eligible for sanitary sewer service and to partition their land. 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 $225. .CITY OF TIGARD, OREGON • t 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 95-0004). WHEREAS, the Tigard City Council held a hearing on October 24, 1995, to consider the annexation of one parcel consisting of 0.53 acres located at the southwest corner of SW Gaarde Street and SW 114th 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 STAFF REPORT EXHIBIT A October 24, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0004 REQUEST: To annex one parcel of 0.53 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: Rick and Paula Snook 11430 SW Gaarde Street Tigard, OR 97224 OWNERS: Same LOCATION: The southwest corner of SW Gaarde Street and SW 114th Avenue - WCTM 2S1 10AB, lot 4000 (see vicinity exhibit map). 2. Vicinity Information Properties to the north and east are in the city and zoned R-4.5. Properties immediately to the south and west are in Washington County R-5. These parcels have single family residences on them. 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 site slopes gently downward from northwest to southeast at a 5-7o grade. There are no remarkable natural features on the site. There is one single family house on the northern portion of the site. The site has approximately 150 feet of frontage along Gaarde Street, which is functionally classified as a major collector. 1 I The applicants have requested that the site be annexed to the city by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (1001i) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The applicants intend to partition the parcel after annexation to the city. 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. Agency Comments The Engineering Division, Tigard Police and Water departments, PGE and General Telephone have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; 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, Engineering, Water Department, USA and TVF&R have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. 2 4. Policy 10.1.4, zoning designation, is satisfied because the affected parcel will be designated as R-4.5, which is the most closely conforming zoning designation to the existing Washington County zoning of R-5. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. 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 95-0004. 3 diCA ~N Ly cs w z 9C • •H us. Q U a/Oy CITY OF TIGARD, OREGON . ORDINANCE NO. 95- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 95-0004). WHEREAS, the Tigard City Council held a public hearing on October 24, 1995, to consider a zoning designation for one parcel of land located at the southwest corner of SW Gaarde Street SW 114th Avenue; and WHEREAS, on October 24, 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 Zoning New Zoning 2S1 10AB, lot 4000 Wash. Co. R-5 Tigard R-4.5 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 vote of all Council members present after being read by number and title only, this day of 1995. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1995. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 95- Page 1 - FAX TRANSMITTAL - PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES DATE: October 6, 1995 TO: Sue Curran, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following will be considered by the Tigard City Council on October 24, 1995 at 7:30 p.m. at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 6394171. PUBLIC HEARINGS Zone Change Annexation (ZCA) 95-0004/Snook A request to annex one parcel of 0.53 acres into the city and to change the zoning from Washington County R-5 to City of Tigard R-4.5. LOCATION: The southwest corner of SW Gaarde Street and SW 114th Avenue. APPLICABLE REVIEW CRITERIA: The relevant review criteria in this case are Comprehensive Plan policies 2.1.1, citizen involvement; 10.1.1, service delivery capacity; 10.1.2, boundary criteria; and 10.1.3, zoning designation. Community Development Code chapters 18.136, annexation requirements; and 18.138, land classification of annexed territory. ZONE: Presently Washington County R-5. H Z W ^Q {.L W (D Z_• Z Z i a I.L Q tt V } I- TT PUBLISH October 12, 1995 Q VICINfT1' GAP uOTE. MAP 18 NOT TO SCALE N ■a r TY.ti a+l I Y; .q CITY OF TIGARD OREGON October 30, 1995 Ken Martin, Executive Director Portland Metropolitan Area Local Government Boundary Commission Suite 540 800 NE Oregon Street #16 Portland, OR 97232 Dear Ken: I am writing to submit the enclosed forms for a city-initiated, double majority annexation (Tigard ZCA 95-0004) and to request space on the Boundary Commission's agenda of December 14, 1995. If you have any questions or need additional information, please call me at 639- 4171. Thank you for your prompt attention to this matter. Sincerely, Ray Valone, AICP Associate Planner Enclosures 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD 21-22 036 NO. 6 3 4 3 6 Tigard Branch 12-V 13125 S.W. Hall Blvd. UNITED STATES NATIONAL BANK Tigard, OR 97223 Of Oregon • (503) 639-4171 Tigard, Oregon VOID AFTER 1 80 DAYS 9 29 95 7 7 _****225.00**** PAY su of225;dol'SOOcts TO THE ORDER OF PORTLAND METROPOLITAN BOUNDARY COMMISSION / PITY OF.' ARD 800 NE OREGON ST #16 SUITE 540 PORTLAND OR 97232 Au and Sirtnnhnn Aulhrrri7nd Signnlurn - • I • • PMAL GB C FORM #15 PETITION FOR ANNEXATION TO THE CITY OF OREGON TO: The Council of the City of Oregon We, the undersigned property owners of and/or registered voters in the area described below, hereby petition for, and give our consent to, annexation of the area to the City of If approved by the city, we further request that this petition be forwarded to the Portland Metropolitan Area local Government Boundary Commission for the necessary procedures as prescribed by ORS 199.490(2). The property to be annexed is described as follows: (Insert Legal Description Here OR attach it as Exhibit "A 17 Revised 11/93 PETITION SIGNERS NOTE: This petition may be signed by qualified persons even though they may not know their property description or precinct number. SIGNATURE PRINTED NAME I AM A ADDRESS PROPERTY DESCRIPTION PRECINCT p DATE PO RV OV LOT p 1/4 SEC. T R rc~~ 30 Sw GAARDE 0~- - X 11y30 PO = Property Owner RV = Registered Voter OV = Owner Voter THAT PORTION OF LOT 19 COLE'S ACRES, WASHINGTON COUNTY, OREG9N, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 152.5 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 150 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO RONALD J. TEMPLETON, ET UX BY DEED RECORDED MARCH 2, 1965 IN BOOK 542, PAGE 516 RECORDS OF WASHINGTON COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID TEMPLETON PARCEL 152.5 FEET MORE OR LESS TO THE NORTHWEST CORNER • OF SAID TEMPLETON PARCEL, SAID CORNER BEING ON THE WEST LINE OF SAID LOT 19; THENCE NORTH 150 FEET MORE OR LESS TO THE POINT OF BEGINNING is al r PMAL GB C FORM #4 CERTIFICATION OF LEGAL DESCRIPTION AND MAP I hereby certify that the description of the property included within the attached petition (located on Assessor's Map ci ! J 1 fin ) has been checked by me and it is a true and exact description of the property under consideration, and the description corresponds to the attached map indicating the property under consideration. NAME TITLE 17714.1 DEPARTMENT `f' COUNTY OF ~-L)D h)~aL DATE, I M12~. I , 19~ 19 Revised 11/93 PMALGBC FORM #16 CERTIFICATION OF PROPERTY OWNERSHIP (Double Majority Method) I hereby certify that the attached petition for annexation of the territory described therein to the City of Tigard contains the names of the owners* of a majority of the land area of the territory to be annexed, as shown on the last available complete assessment roll. NAME TITLE d n,CA . .1(11h DEPARTMENT COUNTY OF A l1. (11~{ DATE 3,JJ19 4 5 * "Owner" means the owner of the title to real property or the contract purchaser of real property. PMALGBC FORM #17 CERTIFICATION OF REGISTERED VOTERS I hereby certify that the attached petition for annexation of territory described herein to the City of Tigard contains the names of at least a majority of the electors registered in the territory to be annexed. NAME TTTLE~ nior Administrative Snecialist DEPARTMENT Assessment & Taxation /Election Division COUNTY OF Washington DATE August 23, 1995 •-18-- Revised 11/93 • • PMAL GBC FORM #19 (This form is NOT the petition) ALL OWNERS OF PROPERTY AND/(2R REGISTERED VOTERS INCLUDED IN BOUNDARY CHANGE PROPOSAL AREA (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 annexation petition or not.) This is for notification purposes. NAME OF OWNER/VOTER ADDRESS PROPERTY DESIGNATION (Indicate tax lot, section number, Township and Range) (1) RICK Q SNOOK TAX LOT# 04000 SEC.# 10 TWNSHP 02S RNG 01W 11430 SW GAARDE ST TIGARD OR 97224 (2) PAULA D. SNOOK TAX LOT# 04000 SEC.# 10 TWNSHP 02S RNG 01W 11430 SW GAARDE ST TIGARD OR 97224 (3) (4) (5) (6) (7) 20 Revised 11/93 PNIALGBC FORM #20 DOUBLE MAJORITY WORK SHEET Please list all properties/registered voters included in the proposal. (If needed, use separate sheet for additional listings). . PROPERTIES Property Assessed Si ed Petition Designation Name of Owner Acres Value Yes No (Tax Lot #s) 04000 SNOOK,RICK&PAULA 0.53 $77,720 x TOTALS 0.53 $77,720 2 0 22 Revised 11/93 PMALGBC FORM #20 (continued) REGISTERED VOTERS ADDRESS OF REGISTERED' ` NAME OF REGISTERED SIGNED PETITION Voter Voter Yes No 11430 SW Gaarde Street X Tigard, OR 97224 Rick Q. Snook 11430 SW Gaarde Street Paula D. Snook X Ti ard, OR 97224 TOTALS SUMMARY TOTAL NUMBER REGISTERED VOTERS IN THE PROPOSAL 2 NUMBER OF REGISTERED VOTERS WHO SIGNED 2 PERCENTAGE OF REGISTERED VOTERS WHO SIGNED 100 TOTAL ACREAGE IN PROPOSAL - 0.53 ACREAGE SIGNED FOR 0.53 PERCENTAGE OF ACREAGE SIGNED FOR 100 -23 Revised 11/93 PMAL GB C FORM #6 B O UNDAR Y CHANGE DA TA SHEET 1. EXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN A. Land Area: Acres in. 1~ 3 or Square Miles B. General description of territory. (Include topographic features such as slopes, vegetation, drainage basins, flooodplain areas, which are pertinent to this proposal). wti-_14 t, ~vt-~ ~'1 !L i iti l~✓vS 1 S~ zST" A i A S~~ - `I oj "r ~v, s tic Q~ tiv~ .Z~Lg !V n i 1f • ~ L ~ A ~ rL 2i 5 C~ n.l ~ C. Describe land uses on surrounding parcels. Use tax lots as reference points. North: 5; G - Tn P_E~ 5 i o '-f 1 , t East: St f~ s ) t TL A L South: St 6 -rte ~ i 7 1ZF 5 ; 6,Z -TL A- L West: Ab5 .4 L D. Existing Land Use: Number of single-family units [ Number of multi-family units d Number commercial structures 0 Number industrial structures Public facilities or other uses What is the current use the land proposed to be annexed: E. Total current year Assessed Valuation $ '7'7.-7 2 o F. Total existing population 11 Revised 11/93