ZCA1995-00008
March 10, 1999
CITY OF TIGARD
Oregon Department of Revenue OREGON
Cartography Department ,
955 Center Street
Salem, OR 97310
RE: Formal submittal of the Ordinance and related Exhibits officially
withdrawing properties annexed into the City of Tigard from the
Tigard Water District.
, To Whom It May Concern: ~
This letter serves as formal notice that certain properties annexed into the
City of Tigard have now been officially withdrawn from the Tigard Water
District. Enclosed is a copy of the signed Ordinance passed by the Tigard
City Council on 2/23/99 withdrawing those properties from the Tigard
Water District. The Department of Revenue previously had the
opportunity to review the "draft" ordinance and the necessary changes
were made at that time to the exhibits Prior to adoPtion by the City
Council. Thank you for your time on this matter. If you have any questions or
comments, please feel free to contact me at (503) 639-4171 x407.
Sincerely,
.
Julia Powell Hajduk
Associate Planner
i:\curpln\julia\annex\wdlet2.doc
Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27
C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File
1999 Planning correspondence file
City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6;
97-1,2 & 3; and 98-1,2,3 & 4.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ CITY OF TIGARD, OREGON ~
~ ORDINANCE NO. 99-
X-N OR.DINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY
BEEN ANNEXED TO THE CITY ARE WTTHDRAWN 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WHEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from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 enrity receives the taxes; and
WI-MREAS, pursuant to ORS 222.520(2), the City is liable to the Dish-ict for certain debt obligations, however, in this
instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be
made; and
WIMREAS, 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 Dish-ict is in the best interest of the Cityof Tigard; and .
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Dish-ict 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. SECT'ION 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By u`n(Ar1imv- IkS vote of all Council members present after being read by number and title only, this ~
day of , 1999.
Catherine Wheatley, City Recor
' APPROVED: By Tigard City Council this~ day of ~ , 99.
a s Nicoli, Mayor
Approved as to form: 'I
I
j i Attorney I
2-2~"~~ I
Date ~
ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98
Page 1 of 1 i:\citywide\ord\wdwithdr.ord.doc Julia li. 11-Feb.-99
. . , . ~ ~
; CITY OF TIGARD WATER DISTRICT WITHDRAWAL Boundary Commission
Final Order No. 3567
EXHIBIT 4 ZCANo. s-poo$
LEGAL DESCRIPTION OF THE AREA
Fve parcels in the Southeast one-Quarter of the NoRhwesi one-quarter, Section 4,
Township 2 South, Range 1 West, Wi(lamette Meridian, Washington County, State of '
Oregon, more particularly de=ibed as follows: •
arcel 1 •
Beginning a the northwest comer of Lot 28 HANOY ACRES; thence N 89033'58" W a
distance of 150.06 feeL- thence S 00042'48' W a distance of 319.91 feet; thence N 89°38'47" W a distance of 100.09 feet; thence N 47°24'35' W a distance of 89.29
feet; thence N 00043'10" E a distance of 99.45 feet; thence N 42003'21" E a distance '
of 25.33 feet; thence N 00043'10' E a distance of 140.70 feet to the Point of Beginning.
Tax Lot 2100. •
r 12•
Beginning at the nortfieast corner of Lot 29 HANDY ACRES; thence S 89033'58" W a•
distance of 139.92 feet; thence S 00°42'48" W a distance of.319.98 feet; thence S
89038'47" E a distance of 139.78 feet; thence N 00044'19" E a distance of 320.18 feet
to the Point of Beginning.
Tax Lot 2102. Parcel 3: , •
Beginning at the northwest corner of Lot 28 HANOY ACRES; thence N 000 43'10" E a
• distance of 50.01 feet to the north right-of-way of SW Fern Street; thence N 890 33'58"
E along said north right-of-way, a distance of 339.98 feet; thence S 00044'19" W,
leavirig said north eight-of-way, a distance of 50.01 feet to the south right-of-way of SW .
Fem Street and the northeast corner of Lot 29 HANOY ACRES; thence S 89033'58" E,
along said soutfi right-of-way, 340.00 feet to the Point of Beginning.
Portion'of SW Fern Street_
Parcel 4:
Beginning at the northwest corner of lot 27 HANOY ACRES; thence S 00043' W along
the westerly boundary of said Lot, a distance of 638.92 feet, more or less, to the
southwest corner of said Lot 27; thence N 89043'36" E along the southerly boundary of
said Lot, a distance of 170.07 feet, more or less, to the southeast corner of said Lot;
thence continuing N 89043'36' E along the southerly boundary of Lot 28 a distance of
50.00 feet to a point; thence N 00°43' E, 174.77 feet to a point; thence S 89043'36" '
W. 163.08 feet to a point; thence N 00°43' E, 464.31 feet to a point on the north line of
Lot 27; thence West along the northedy line of lot 27, 57.00 feet, more or less, to the
northwest corner of said Lat 27 and the Point of Be9innin9• Tax Lot 1900.
Parcel 5•
Beginning at a point which bears S 00054' W, 423.51 feet from the northeast corner of •
Lot 32, according to the duly filed plat of HANOY ACRES, in the City of Tigard, filed
October 29; 1945, in Plat eook 10, Page 31, in the Northwest one-quarter of Section 4, T2S, R1 W, W.M., Records of Washington County, Oregon; thence along tfie east line of
said Lot 32, S 00054' W, 115.41 feet to an iron rod; thence S 88001' W, 182.15 feet to
an iron rod on the west line of said Lot 32, said iron rod being on tfie east right-of-way line
. of SW 135tfi Avenue; thence N 00043 E, 115.40 feet along the west line of said Lot 32 to and iron rod; thence N 88001', E, 182.52 feet to the Point of Beginning.
Tax Lot 3200. '
. . , .
EXHIBIT 4 ( ;nued)
VICINITY MAP Of THE AREA
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. ' • STA#F OREGON ~
~ County of Washington SS
AFTER RECORDING RETIIRN TO:
~ I, Jerry ~ qr of Assess-
ment and a n a ~ io County
Clerk for i~ r rtify that
the wit iP,tr eceived
City Hall Records Department and re ree or said
City of Tigard county. • Y;~_~~'' ti:
13125 SW Hall Blvd.
Tigard, OR 97223
• ,~c7
y~ • ,
~
~'~~fJfsirector of
ar~ axation, Ex-
t -jP-,,qfjyCle rk
NO CHANGE IN TAX STATEMENT Doc : 98135237
Rect: 221472 31.00
12/01/1998 10:15:45am
CONSENT TO ANNEXATION ,
FOR PROVISION OF IIRBAN SERVICE
WHEREAS, the undersigned _-Fi4-,vL*,5 (s, a- La,z-z A _RoLl,r warrant that
they are the sole owners of real property in Washingt n County, Oregon,
which is located outside the corporate limits of the City of Tigard,
and is described:
IN EXHIBIT "A", ATTACHED HERETO, AND INCORPOR.ATED BY REFERENCE HEREIN
and have applied for permission to connect to the sewer system owned
and operated by the City of Tigard; and the undersigned understand
that:
1. This agreement is' a binding contract between the City of Tigard
and all persons who presently have an interest in the property or
who acquire an interest in the property in the future.
2. The City has a right to refuse to extend services beyond its
corporate limits and in consideration of this agreement will
require the undersigned to agree to annexation and to waive the
right to remonstrate and to vote on the annexation.
3. State law provides that annexation may take place in a number of
different ways. Some methods involve a written consent to annex
and some methods include the right to remonstrate against the
annexation and/or involve the right to vote on the annexation.
Some methods require the City to file a Notice of Intent to Annex
with the Boundary Commission. State law provides that a consent
to annex is valid for a one-year period unless the time limit is
. expressly waived.
4. Failure by any party having an interest in the property affected
by this agreement to adhere to the terms of this agreement
entitles the City to discontinue the service.
Page 1 of 3
. / ~
. • •
NOW, THEREFORE, in the event the City of Tigard, in its discretion,
furnishes sewer service to the above described land, then in
consideration and as a condition of such furnishing of sewer service
the undersigned and each of them, for themselves and for their
successors in interest, agree and covenant to the City of Tigard and to•
the present and future owners of any property affected by the .
furnishing of City sewer service to which this covenant and agreement
relate that:
1. The undersigned agreES to waive the requirement that a Notice of .
Intent to annex be filed with the Boundary Commission or any other
prerequisite to annexation set forth in state law at the time of
annexation.
2. Annexation of this property may take place by any means allowed by
state law at the time of annexation, and this agreement
constitutes an agreement to annexation by any method selected by
the City.
3. In the event the type of annexation used involves a written
consent to annexation, this agreement constitutes a consent to
annexation. It shall be used as a consent for each required
consent if the property owner satisfies the requirements set forth
by law. Further, the agreement constitutes an express waiver of
the one year limitation on the consent form and the undersigned intends this consent to be valid in perpetuity. For
administrative purposes, the undersigned agrees to sign the
~ requisite consent forms and the waiver of the one-year period at
the time of executing this agreement.
' 4. In the event the type of annexation used involves the right to
remonstrate, this agreement constitutes a waiver of the right to
remonstrate and a remonstrance by anyone having an interest in the
property affected by this agreement shall be void.
5. In the event that the type of annexation'used involves a vote,
this agreement constitutes a waiver of the right to vote on the
annexation by a person in possession or ownership of the property
who is qualified to vote on the annexation. Further, those
persons shall be counted as a yes vote on the annexation.
6. Upon extension of the sewer service to the property, the property
will be connected to the City's sewer service system and will pay
the charges and fees imposed by the City for the connection and
service.
7. The property owner hereby agrees to pay the City of Tigard Park
Systems Development Charge prior to the issuance of a sewer permit
for any new dwelling unit.
8. This covenant and agreement shall run with the land, shall be
recorded in the Washington County deed records and shall be
binding on the undersigned and all successors in interest of any
property affected by the furnishing of domestic water to any
property described by this agreement.
Page 2 of 3 ~
, ° • •
9.- Should any portion of this agreement be declared void by a court
of law, the remaining portions of this agreement shall remain in
full force and effect.
Dated 19 '79
Signatures of owner(s):
~
Signature ~igna re
j~-v~,15 G- • o ~'i-e- v~-
Print Nam Print N e
! 3 6'y o S cae Fv-,ua
Address Addr s
e~ 0p-, 9 7 zz.3
STATE OF OREGON ) lN4S~1 in~f~v~ ) ss .
COUNTY OF )
. u5 sonally appeared be~ re me on the day of
, igs~", ~g 7-haRa.s G. Pbtila _
who acknowledged that the foregoing was hi voluntary act and deed.
-
KOARBARA
/t MARINE
AU NotarY Pub
lic for Ore5on
~ .
aR. Nur~~, o~coH
OMMISSIONNO 306405 MY COIUlIl1SSlOR Expires: ia-~ D/
ISSION EXPIRES OCT 30, 2001
Accepted on behalf of the City of Tigard this day of
.
~ .
igna ure
.qsra~,~z f~~n~~r- '
Title
dj/San-Seu.Agr
Page 3 of 3 2
J
, ' • . •
J TICOR TITIE INSURANCE Report No. W669931-NS
LEGAL DESCRIPTION
A tFact of land located in Lots 28 and 29, HANDY ACRES, in the Southeast one-quarter of the
Norchwest one-quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, in the
County of Washington and State of Oregon, described as follows:
Beginning at a point on the North line of Lot 28, HANDY ACRES, which is 20 feet West of the
Northeast comer thereof; thence South 320 feet, more or less, to a point on the South line of the
North one-half of said Lot 28; thence West along the South line of said North one-half 120 feet,
more or less, to the Northeast corner of that tract conveyed to Conrad Sproul described in instrument '
recorded May 2, 1979, Recorder's Fge No. 79016806, Washington County Deed Records; thence
South along the East line of said Sprroul Tract and the East line of that tract conveyed to Charles B.
Lamb, et ux, by Deed recorded May 22, 1979, Recorder's Fee No. 79019801, Washington County
Deed Records, to a point on the South line of said Lot 28; thence East along said South line to the
Southeast corner of said Lot 28; thence continuing East along the South line of Lot 29 to the most
Southerly Southwest corner of that tract conveyed to Samuel A. Gotter, III, by Deed recorded
November 6, 1978, Recorder's Fee No. 78048717; thence North 0° 42' 48" East pazallel with the
West line of Lot 29, 144.95 feet; thence South 89° 43' 36" West parallel with the South line of Lot
29, 64.63 feet; .thence North 0° 42' 48" East 495.95 feet parallel with the West line of Lot 29 to a
point on the North line of Lot 29 which bears North 89° 33' 58" East 5.0 feet from the Northwest
corner thereof; thence West along the North lines of Lots 29 and 28, 25 feet, more or less, to the
point of beginning. . 5
J IIC JnCll.ll UCIUW IJ IIIdUG JVIC1Y iUi uiC Nui Nuac Ui a-baiaM"y Iii wua1lily aaw Nictisiaw aiiu ~ .
the eovipany assumes no liabilit~r variations, if any, in dimensions ~location •
. ascertained by actual survey. . . . , ,
TICaR TITLC yNSURANCE ~
~
..._...2 3LL, o.3a•ie --15--9e - - xio'' . .
4500 4600 . 6 ~ ev~ c ~
6500 1 o 1300 1200 s I100
24 a 4 0 5 14W .49. AC. .49 AG: .60 AL'
4110, w .
600 6700 sd ea.ei ~ 4200 •5/'~ ~I r' r~ J
~ R r , I
4400 4300
1 0 II 12
25N 26 f ~ N o
3 ° 2 ° s.M co+e. Lor t ~ $
w w a
' IWIQT ACRG
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S ~ FERKI ~ STREET ~
~.7.L23
•x~o 4aos It74 67 im' ~TO' . iTO' .2400e er3d~l-
W?000 1900 2000 2.100 2102 ~ .35AG ~
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27 28 29
7100 ° 3 bt
_ _
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bo' ( 2300
~ 2200 / /B AC 17046 ~
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n "
4
~
J) ~ 64.63' -
170.09 /
. ~
I I 2800 ~
^ j!S.Si ac.
. P ~ ~
I ± 5 ~ (n
INITIAL
zzo' 89° 43' so' [ i9o' loo' POINT H(1914: c/ so
,,o 170' o' 17o' iTo'
~
~ N .
SEE MaP a ~
~ 2S I 4CA ~ -
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c
n
0 0
Mayor Nicoli noted that at the last meeting Councilor Rohlf had
withdrawn from participating in this action, and that Councilor Moore
did not participate either.
The motion was approved by a unanimous vote of the three Councilors
, taking part. (Mayor Nicoli and Councilors Hunt and Scheckla voted
"yes.")
~ 7. PUBLIC HEARIrIG (QVASI-JIiDIC1AL) - ZONE CHANGE ANNEXATION
(ZCA) 95-0008 CLARKE
A request to annex two parcels of 2.14 acres into the City and change the
zoning from Washington County R-6 to City of Tigard R-7. Location: South
of S. W. Fern Street just west of S.W. 135th Avenue. The two parcels are
separated by two other properties. Applicable Review Criteria: The relevant
review criteria in this case are Comprehensive Plan Policies 2.1.1 - Citizen
invoivement; 10.1.1 - Service Delivery Capacity; 10.1.2 - Boundary Criteria;
and 101.3 - Zoning Designation. Also Community Development Code
Chapters 18.13b - Annexation Requirements; and 18.13 8 - Land
Classification of Annexed Territory. Zone: Presently Washington County R-
6.
a. Open Public Hearing
Mayor Nicoli read the hearing title and opened the public hearing.
b. Declarations or Challenges
No Councilors reported any ex parte contact or site visiu. They all
indicated that they had familiarized themselves with the application.
There were no challenges.
c. Staff Report: Community Development Department
Mr. Vaione presented the staff report. He reviewed on the map the
location of the two parcels under consideration for annexation. He said
that the west parcel had a single family residence occupied by the
owners white the east parcel was a vacant tot. The owners were
requesting annexation by a double majority method to connect to the
sanitary sewer service.
Mr. Valone stated that the annexation request did comply with all
applicabte City poiicies and Boundary Commission requirements. The
parcef would be designated Tigard R-7 with the same density per lot as
its current designation of Washington County R-6. He said that there
were adequate facilities avaitable to service the lot and that all
appropriate parties were noticed. He recommended that the Council
adopt the resolution and forward the request to the Boundary
Commission. CITY COUNC►L MEETING MINl1TES - FEBRtIARY 13, 1996 - PAGE 23
i 0
d. Public Testimony
- Applicani
Jeff Hunt, 3855 A Drive, Hood River, stated that he was an Associate
, Planner with Hood River County but that he was here on behalf of his
father-in-law. lohn Clarke. He thanked Mr. Valone and the staff for
their help regarding the proposal. He said that they had no problems
~ with the staff report and urged the Council to accept the staff
recommendation.
- Proponents - none
- Opponents - none
e. Staff Recommendation
Mr. Valone recommended that the Council forward the initiation to the
Boundary Commission. '
f. Council Questions - none
g. Close Public Hearing
Mayor Nicoli closed the public hearing.
h. Council Consideration: Resolution No. 96-07
Ordinance No. 96- 05
MOTION by Councilor Rohlf, SECONDED by Councilor Hunt, to
adopt Resolution No. 96-07.
Resolution No. 96-07, a resolution initiating annexation to the City of
Tigard of the territories described in Exhibit A, and illustrated in
Exhibit B, ZCA 95-0008.
The motion was approved by a unanimous vote of Council present.
(Mayor Nicoli and Councilors Hunt, Rohlf, Moore and Scheckla voted
flyes.")
MOTION by Councilor Rohlf, SECONDED by Councitor Hunt, to
adopt Ordinance No. 96-05.
Ordinance 96-05, an ordinance adopting findings and conclusions to
approve a zone change and declaring an effective date, ZCA 95-0008.
The motion was approved by a unanimous vote of Council present.
(Mayor Nicoli and Councilors Hunt, Rohlf, Moore and Scheckla voted
"yes
C1TY COIINCIL MEETING MINUTES - FEBRI]ARY 13, 1996 - PAGE 24
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rdinance -Number~or„Final: Order-Number,~
Effective Date ofwAnnexation
. - , . _ - - ~ -
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r- NOTE ~..Enumera~ion~`of 'annexat ons which °fnvolvea ~200 'or ~more housing
-
_ ~ : - ~ .'units must :be =conducted _under= the TsiipervisioiCf :~the_ Center..for-~=.:~
-==Population=_Reserch';anCCensus to-°be Vicertified. -I:..Complete the
_.~following section _if .there are ess than 200 3~ousinq units in this -~-~~--t
annexation.
- - ~'~'ti_ a::- ~;~.-c'_" - t . ~ ~ : 7-~: -.-...~=-.'~r;:-~.'_ : _ ' . . •'~-w+.-~
r . . . . . . . ~
:r-~.. Attach ;completed -confidentia2 "census' schedules ~'for "aIi'hou'sing~-units
. both vacant and occupied. There must :be. one -sheet _for ..each - - _ ~
- _ - ~ ~ . -!Anhabitable housing :unit . -
. - . . : . . . . . - . _ . _ . . =z~ - . . .
HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION ~ .
. , _ . . . . . . :a,.:
-:,~-TOTAL . -OCCUPIED : -VACANT PERSONS
_ . ~ • t;_. - , . _ , ~ .
_ . s.(a.'Y- C.- .
.=urriTS
IN SINGLE FAMILY STRUCTURES
UNITS IN MULTIPLE FAMILY STRUCTURES
. ' MOBILE HOMES OR TRAILERS
TOTAL POPULATION.OF ANNEXED AREA ~ DATE OF ENUMERATION Cv~/p
.
~ ENUMERATED Y POSITION ~.t J • ~L~/j~ ~ .
TELEPHONE NiJI~ ~Jj 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. ~
. .
.
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.Single Unit Structure ( - } Owner Occupied
- - _ . - - - - - - - _ . _
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Center For Population Research and Census (503) 725-3922
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Portland State University School of Urban and Public Affairs
Center For Pvpulation Research and Census 725-3922
NOTICE TO TAXING DISTRICTS
• ORS 308.225 ,
OREGON DEPARTMENT OF REVENUE This is to noYrfy you that your boundary
Carto3raphic Unit change in Uashington County, for
955 Center atreet, NE AidNCX TO 7NE CITY OF
Salemr OR 97310 TIGAkD. UITHnRAW FkAM
(503) 945-8287 WASH o CO e CM!•IANCELI
FAX (503) 945-8737 SHERIFF'S F'ATROL L1IST.
TL1D (503) 945--•8617 FIidAL ORDER 0 3567
has been:
CITY OF TIGARD Q Received 4"22"'96 ,
FINANCE DIRCCTOR
13125 SW HALL BLVD TIGARD OR 97223 ~ Approved 4-30•.•96
Notes:
❑ Disapproved (see notes)
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue file number: DOR 34•••1121-96 Mike Hughes
Boundary: D Change ❑ Proposed change ❑ Planned change
The change is for:
❑ Formation of a new district [3 Description
E] Annexation of aterritory to a district 9 Map ~ DESGRIPTIf.1N AND MAP APPROVFD ~c
E] Withdrawal of a territory from a district ~K 4-30-96 ~
❑ Dissolution of a district ~ AS RCk OfiS 308.225 ),k
❑ Transfer
❑ Merge Received from: R. M. R. C. I
I
150-303-039 (Rev. 12-93)
Dlstrbutlon: Whrie - tauing dlat. Canary - county assesaor Plnk- Dept, of Revenue Goldenrod - county commisslonere or County Court/Boundary Commlasbn (II approprlate) I
' ~ ~
CITY OF TIGARD
OREGON
May 8, 1996
Mayor
Tim Nicoli
City Cound
Chartes and Zada Lamb PaW Hunt
137700 SW Fern Street Brian Moore
Tigard, OR 97223 Bob Rohlf
Ben Scheckla
Dear Mr. and Mrs. Lamb:
We received official notification that the anneacation proposal you requested became fmal. The effective date of
the annexation was April 4, 1996.
On behalf of the City Council, I welcome you to the City of 'Itigard. The County Elections Department has
been notified; theywill 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 Deparhnent will now respond instead of the Sheriff's Department. Please call the
PoGce 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 throug6 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 Deparhnent as before.
T'he City of 'ltigard's Library and its associadon with the Wastungton County Library Service offers you 6rst-
rate Gbrary 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 6394171 if you have any questions or
concerns.
Once again, I wish you a sincere welcome. •
Sinc e,;ely,
~
/
✓
; ~1CI1nQS NICOlI
v Viavor
enclosure
i:ladm~olwelcome.doc
13125 SW Hall Bivd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
•i .
CfTY OF TIGARD
OREGON
May 8, 1996
Mayor
Jim Nicoli
City Cound
Marco and Sally Benetti PaW Hunt
13650 SW Fern Street Brian Moore
Tigard, OR 97223 Bob Rohlt
Ken Scheclcla
' Dear Mr. and Nlrs. Benetti:
We received official notification that the annexation proposal you requested became fnal. The effective date of
the annexation was April 4, 1996.
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 'Iygard 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 ligard Police Department will now respond instead of the Sheriff's Depardment. Please call the
PoGce Department for any public safety concerns you may have.
'ISgard 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 witl be handled through a City billing process instead of through the County tax bill. Water service will
continue through the TSgard Water Department as before.
T'he City of Tigard's Library and its association Nvith the Washington County Library Service offers you tirst-
rate Gbrary 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 6394171 if you have any questions or
concerns.
Once again, I wish you a sincere welcome.
Sincerely, e
~dames Nicoli
~~blayor
enclosure
i:\admljo\welcome.doc
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~ • !
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 I
Engineering -
Planning - Ray Valone I
Accounting - Amanda Bewersdorff '
Building Official - David Scott
Librarian - Kathy Davis
Community Development - Nels Mickaelson
City Recorder - Cathy Wheatley
Water - Randy Volk
Send memorandum to department distribution, listing names
and addresses of all citizens in the newly annexed area.
Effective date from Boundary Commission should be included
in memo. Date ~ ~C
~ ~ •
5. Notify agencies of annexation (see list attached). Letters must
be sent by certified mail to:
General Telephone Co.; Paciflc NW Bell Telephone; NW Natural Gas;
Unitied 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 14
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:\login\jo\annexpro.l
Revised 03/95
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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: April 30, 1996
SUBJECT: Final Order on Annexation 3567 ZCA95-0008 (Clarke)
We have received the final order on Annexation 3567 ZCA95-0008 (Clarke), effective
April 4, 1996. A map of the annexed property is attached. Census information is as
follows:
Final Order 3567:
Owners:
Marco & Sally Benetti 2S1 04BD-021 00, 1 SF dwelling
13650 SW Fern St. Est. Population -2
Tigard, OR 97223
Marco & Sally Benetti 2S104BD-02102, vacant
13650 SW Fern St. (no site address for property)
Tigard, OR 97223
Charles & Zada Lamb 2S104BD-01900, 1 SF dwelling
13770 SW Fern St. Est. Population - 2
Tigard, OR 97223
Bosiljkra Sarich 2S104BD-03200, 1 SF dwelling currently under
17184 SW Sugar Plumb Ct. construction
Aloha, OR 97007
i:\cdadm\jerree\annex\annexmem
i
I
• •
April 30, 1996
FINAL ORDER ON ANNEXATION 3567 ZCA95-0008 (CLARKE)
We have received the final order on Annexation 3567 ZCA95-0008 (Clarke), effective
April 4, 1996. A map of the annexed property is attached. Census information is as
follows:
Final Order 3567:
Owners:
Marco & Sally Benetti 2S1 04BD-021 00, 1 SF dwelling
13650 SW Fern St. Est. Population -2
Tigard, OR 97223
Marco & Sally Benetti 2S104BD-02102, vacant
13650 SW Fern St. (no site address for property)
Tigard, OR 97223
Charles & Zada Lamb 2S1 04BD-01 900, 1 SF dwelling
13770 SW Fern St. Est. Population - 2
Tigard, OR 97223
Bosiljkra Sarich 2S10413D-03200, 1 SF dwelling currently under
17184 SW Su9ar Plumb Ct. construction
Aloha, OR 97007
Please call if you have any questions.
Ray Valone
Community Development Department
i:\cdadm\jerree\annex\annexmer il
. a
RT AND ~
PO L METROPOLIT~'nl AREA LOCAL GOVERNMENT BOUIv~ARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL N0: 3567 - Annexation of territory to the
City of Tigard. .
Proceedings on Proposal No. 3567 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consents from the City on February 22, 1996,
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 April
4, 1996. The Commission also caused a study to be made on this proposal which considered
economic, demographic and sociological trends and projections and physical development of the
land.
The Commission reviewed this proposal in light of the following statutory guidance:
"199.410 Policy. (1) The Legislative Assembly finds that:
"(a) A fragmented approach has developed to public services provided by local
government. Fragmentation results in duplications in services, unequal tax bases and
, resistance to cooperation and is a barrier to planning implementation. Such an ap-
proach has limited the orderly deve(opment 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 totai service needs against
the total financial resources availab(e for securing services. Those service priorities are
required to reflect local circumstances, conditions and limited financial resources. A Final Order - Page 1
. ' ' •
sin9le governmental agencyather than several governmental agencies 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:
"(a) Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in order to prevent illogical extensions of local government
boundaries and to encourage the reorganization of overlapping governmental agencies;
"(b) Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
"(c) Provide an impartial forum for the resolution of local government jurisdictional
uestions;
4
"(d) Provide that boundary determinations are consistent with acknowledged
local comprehensive plans and are in conformance with state-wide planning goals. In
making boundary determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
comprehensive plan provides inadequate policy direction shall the commission consider
the statewide planning goals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
"199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) Territory within a city may not be included within or annexed to a district
without the consent of the city council;'
"(b) Territory within a city may not be included within or annexed to another city;
and
Final Order - Page 2 .
• , ' •
"(c) TerritorY withindistrict may not be included within or annexed to another
district subject to the same principal Act."
The Commission also considered its policies adopted under Administrative Procedures Act
(specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and
decisions and past direct and indirect instructions of the State Legislature in arriving at its decision.
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto.)
ORDER
On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commis-
sion approved Boundary Change Proposal No. 3567 as modified on April 4, 1996.
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 May 22, 1996 per ORS 199.519".
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
DATE: BY: ` -
Chair
ATTEST: \,C_~ ~ .
" This proposal would ordinarily be effective immediately but ORS 199.519 states that
boundary changes cannot take effect within 90 days prior to a Primary Election and must be
made effective the day after the election.
Final Order - Page 3
J ' • • •
Exhibit A
Proposal No. 3567
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory to be annexed contains 2.14 acres, 1 single family dwelling, an estimated
population of 2 and is evaluated at $222,400.
2. The owners wish to obtain sanitary sewer service for their existing residence (on TL 2100)
and in order to eventually partition Tax Lot 2102.
3. The City contacted surrounding property owners to see if there was additional interest in
annexation to the City. Two affirmative responses were received. The Boundary Commis-
sion staff has received signed petitions to annex from the owners of Tax Lot 1900, located to
I the west of the original proposal and Tax Lot 3200, located to the east of the original
proposal. TL 1900 contains 1.49 acres, 1 single family dwelling, a population of 2 and is
evaluated $210,440. TL 3200 contains .48 acres, 1 single family residence (under construc-
tion) and is valued at $49,680. The owners of TL 3200 would like to partition the property.
4. 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.
5. The western portion of the original proposal slopes from south to north (7-22%) and has
trees on the northern half. The eastern portion of the original proposal slopes from south-
west to northeast at a 10% grade and has trees on the northern half. Generally speaking this
area is comprised of single family dwellings both in the City and in the County.
6. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
7. The territory is located within the County's West Tigard Community Planning area. The West
Tigard Plan states:
The West Tigard Planning Area has been identified as part of the City of Tigard 'Active
Planning Area.' Under the active planning concept, a City accepts planning responsibili-
ties 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. Alihough 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.
Final Order - Page 4
• •
Exhibit A
Proposal No. 3567
The site is designated R-6, 6 units per acre. Washington County has a single designation for
planning and zoning.
8. Washington County reviewed its role in service provision in its Countv 2000 program. In this •
document, the County adopted a policy of supporting a service delivery system which
distinguishes between municipal and county-wide services to achieve tax fairness and
expenditure equity in the provision of public services. The County policy states that
municipal services should be provided either by cities or special districts. 9. The City of Tigard and Washington County have entered into an Urban Planning Area
Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive
Plans. The UPAA sets out an "Active Planning Area" within which the City assumes
responsibility for land use planning, and an "Area of Interest" in which the County agrees to
coordinate its planning because of the potential impacts on Tigard. This proposal falls within
the "Active Planning Area" as designated in the UPAA. The following pertinent provisions
are from Section A, "Active Planning Area" portion of the UPAA:
A. Active Planning Area
1. Definition
"Active Plannin4 Area means the incorporated area and certain unincorporated
areas 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.
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 CtTY 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.
Final Order-Pa9e5
' • •
Exhibit A
Proposal No. 3567
10. The City of Tigard has a"city limits" plan. The County's plan and ordinances remain
applicable unless the City takes other action after the annexation is effective.
Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen Involve-
ment; 10.1.1, Service Delivery Capacity; 10.1.2 Boundary Criteria and 10.1.3, Zoning. The
pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations;
and 18.138, Established/Developing Area Classification.
The City staff reviewed these policies and codes and concluded the proposal was consistent
with them. Their conclusions are included below:
1. Policy 2.1.1, requiring an ongoing citizen involvement program is satisfied because
the West CIT and surrounding property owners have been notified of the hearing and
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 and Tualatin
Valley Fire and Rescue District have reviewed the proposal and indicate that adequate
services are available and may be extended to accommodate the affected properties.
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 properties.
1. Code Section 18.136.030, requiring approval standards forannexation proposal, is
satisfied because:
a. Service providers have indicated that adequate facilities and services are
available and have sufficient capacity to serve the affected sites.
b. Applicable comprehensive plan policies and code provisions have been
reviewed and satisfied.
c. The zoning designation of R-7 most closely conforms to the county designa-
tion of R-6 while implementing the city's Comprehensive Plan designation of
Medium Density Residential.
d. The determination that the affected properties are established areas 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 properties meet the definition of an established area and shall be
so designated on the development standard areas map of the comprehensive plan.
Final Order - Page 6
I .
i • • •
Exhibit A
Proposal No. 3567
The CitY conducted a zone chan9e Mroceedin9 concurrent with reviewing the annexation and
approved a zoning designation of R-7 to be effective upon annexation.
11. There is an 8-inch City sewer located in SW Fern St. near the western edge of the territory to
be annexed. An 8-inch U.S.A. line is in SW 135th Avenue and can serve the proposed
easternmost modification.
The territory is within the Unified Sewerage Agency of Washington County as is the City.
The Unified Sewerage Agency has a standard agreement between the Agency and the large
cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and
Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction
and maintenance standards for sanitary and storm water sewer facilities, 2) follow and
accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's
consent before issuing construction permits within wetlands, floodways and floodplains. The
agreement provides that the city owns and is responsible for sanitary sewer lines under 24
inches in diameter within the City limits and for storm water facilities within the City limits as
identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all
industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees
not to extend sanitary sewer service to areas outside the City within the City's Urban
Planning Area (as identified in the City-County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees and
user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of
treatment and transmission of the sewage or storm water. The City may impose higher costs
than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 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 U.S.A.. U.S.A. 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.
12. A twelve and a six inch water line are located in SW Fern Street adjacent to the territory to
be annexed. A 12 inch transmission line and an 8-inch domestic service line are in SW
135th Avenue.
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
Final Order - Page 7
. • •
Exhibit'A
Proposal No. 3567
annexation, it is the intent of the City to withdraw the territory from the District as provided
for in ORS 222. Currently the City charges $14.30 for the first 800 cubic feet of water and then $1.32 per
additional 100 cubic feet of water.
13. Upon annexation to the City, the territory will be automatically withdrawn from the Washing-
ton County Enhanced Sheriff's Patrol District and the District's $ .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.
14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect
this service because the City is in the District.
15. The territory is within the boundary of the Washington County Urban Road Maintenance
District. Upon annexation the territory will be automatically withdrawn from the District and
the District's levy of $.2886 per $ 1000 assessed value will no longer apply to the property.
16. The territory is within the boundary of the Washington County Vector Control District. Tigard
is not a part of the District. Upon annexation, the territory will be automatically withdrawn
from the unfunded Washington County Vector Control District.
17. The territory is within the Washington County Service District #1 for street lights. The
District provides services to areas within its boundary which request street lighting services.
The District uses local improvement districts to finance the service. Upon annexation the
territory will be automatically withdrawn from the District.
18. The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source.
19. Tigard operates a park system funded through its tax base which finances the general fund.
Tigard has 6 developed recreation park sites.
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.
Final Order - Page 8
. ~
Exhibit A
Proposal No. 3567
20. The Unified Sewerage Agency levies an annual assessment for storm drainage services of
$36 per dwelling unit of which 824 goes to the City.
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal should be modified to include tax lot 1900 and tax lot 3200 both in SE 1/4 NW
1/4 Section 4, as requested by the owners of those lots.
2. The proposal is consistent with regional county and city planning as is required by ORS
199.410 (3) (d).
3 As noted in Findings 11-20 an adequate quantity and quality of public services will be
available to this area including the modified. area as required by ORS 199.410 (3)(b).
4 The proposed annexation is in accord with the Boundary Commission's Policy On Incorporat-
ed Status (OAR 193-05-005) and its Policy On Long Range Governmental Structure (OAR
193-05-015).
Final Order - Page 9
. ~ •
Exhibit B
Proposal No. 3567
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
Five parcels in the Southeast one-quarter of the Northwest one-quarter, Section 4,
Township 2 South, Range 1 West, Willamette Meridian, Washington County, State of
Oregon, more particularly described as follows:
Parcel 1:
Beginning a the northwest corner of Lot 28 HANDY ACRES; thence N 89033'58" W a
distance of 150.06 feet; thence S 00042'48" W a distance of 319.91 feet; thence N
89038'47" W a distance of 100.09 feet; thence N 47024'35" W a distance of 89.29
feet; thence N 00043'10" E a distance of 99.45 feet; thence N 42003'21" E a distance
of 25.33 feet; thence N 00043'10" E a distance of 140.70 feet to the Point of Beginning.
Tax Lot 2100.
Parcel 2:
Beginning at the northeast corner of Lot 29 HANDY ACRES; thence S 89033'58" W a
distance of 139.92 feet; thence S 00042'48" W a distance of 319.98 feet; thence S
89038'47" E a distance of 139.78 feet; thence N 00044'19" E a distance of 320.18 feet
to the Point of Beginning.
Tax Lot 2102.
Parcel 3: .
Beginning at the northwest corner of Lot 28 HANDY ACRES; thence N 00043'10" E a
distance of 50.01 feet to the north right-of-way of SW Fern Street; thence N 89033'58"
E along said north right-of-way, a distance of 339.98 feet; thence S 00044'19" W,
leaving said north right-of-way, a distance of 50.01 feet to the south right-of-way of SW
Fern Street and the northeast corner of Lot 29 HANDY ACRES; thence S 89033'58" E,
along said south right-of-way, 340.00 feet to the Point of Beginning.
Portion of SW Fern Street.
Parcel 4:
Beginning at the northwest corner of Lot 27 HANDY ACRES; thence S 00043' W along
the westerly boundary of said Lot, a distance of 638.92 feet, more or less, to the
southwest corner of said Lot 27; thence N 89043'36" E along the southerly boundary of
said Lot, a distance of 170.07 feet, more or less, to the southeast corner of said Lot;
thence continuing N 89043'36" E along the southerly boundary of Lot 28 a distance of
50.00 feet to a point; thence N 00043' E, 174.77 feet to a point; thence S 89043'36"
W, 163.08 feet to a point; thence N 00043' E, 464.31 feet to a point on the north line of
Lot 27; thence West along the northerly line of Lot 27, 57.00 feet, more or less, to the
Modified 4/4/96
Final Order - Page 10
i ' • ' • ~
Exhibit B
Proposal No. 3567
northwest corner of said Lot 27 and the Point of Beginning.
Tax Lot 1900.
Parcel 5:
Beginning at a point which bears S 00054' W, 423.51 feet from the northeast corner of
Lot 32, according to the duly filed plat of HANDY ACRES, in the City of Tigard, filed
October 29, 1945, in Plat Book 10, Page 31, in the Northwest one-quarter of Section 4,
T2S, R1W, W.M., Records of Washington County, Oregon; thence along the east line of
said Lot 32, S 00054' W, 115.41 feet to an iron rod; thence S 88001' W, 182.15 feet to
an iron rod on the west line of said Lot 32, said iron rod being on the east right-of-way line
of SW 135th Avenue; thence N 00043 E, 115.40 feet along the west line of said Lot 32
to and iron rod; thence N 88001' E, 182.52 feet to the Point of Beginning.
Tax Lot 3200.
Modified 4/4/96
Final Order - Page 11
' ~ •
~
PROPOSAL ■ 35-67
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T
PROPOSAL N0. 3567
CITY OF TIGARD
ANNEXATION M t
FIGURE 2
• • •
April 4, 1996 Hearing
~ PROPOSAL NO. 3567 - CITY OF TIGARD - Annexation
Petitioner: City of Tigard; Sally & Marco Benetti
90th Day: May 22, 1996
Proposal No. 3567 was initiated by a petition of property owners/registered voters and
resolution from the Tigard City Council. The resolution and petitions meet the require-
ments for initiation set forth in ORS 199.490(2)(a) (B), double-majority annexation law. If
the Commission approves the proposal, the boundary change will become effective on the
. date of approval subject to the provisions 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 Fern Street, east of SW 138th Avenue and west of SW 135th Avenue. The
fterritory contains 2.14 acres, 1 single family dwelling, an estimated population of 2 and is
evaluated at $222,400.
REASON FOR ANNEXATION
~ The owners wish to obtain sanitary sewer service for their existing residence (on TL 2100)
and in order to eventually partition Tax Lot 2102.
PROPOSED MODIFICATION
The City contacted surrounding property owners to see if there was additional interest in
annexation to the City. Two affirmative responses were received. The Boundary Commis-
sion staff has received signed petitions to annex from the owners of Tax Lot 1900, located
to the west of the original proposal and Tax Lot 3200, located to the east of the original
ro osal. TL 1
p p 900 contains 1.49 acres, 1 single family dwelling, a population of 2 and is
evaluated $210,440. TL 3200 contains .48 acres, 1 single family residence (under
construction) and is valued at $49,680. The owners of TL 3200 would like to partition the
property.
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
Proposal No. 3567 - Page 1
• • .
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 western portion of the original proposal slopes from south to
- north (7-22%) and has trees on the northern half. The eastern portion of the original
proposal slopes from southwest to northeast at a 10% grade and has trees on the northern
half. Generally speaking this area is comprised of single family dwellings both in the City
and in the County.
Regional Planning. The territory is within the regional Urban Growth Boundary and the
boundary of Metro. '
Washington Countv Planninq. 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 ot 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. Secause af th;s 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-6, 6 units per acre. Washington County has a single designation
for planning and zoning.
Countv 2000. Washington County reviewed its role in service provision in its Countv
2000 program. In this document,.the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
achieve tax fairness and expenditure equity in the provision of public services. The County
policy states that municipal services should be provided either by cities or special districts.
Urban PlanninQ Area AQreement. 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:
~
Proposal No. 3567 - Page 2
i
. • •
A. Active Planning Area
1. Definition '
"Active Planning Area means the incorporated area and certain unincorporat-
ed areas contiguous to the incorporated area for which the CITY conducts
comprehensive planning and seeks to regulate development activities to the
greatest extent possible.....
2. The CITY shall be responsible for comprehensive planning within the Active
Planning Area.
3. The CITY is responsible for the preparation, adoption and amendment of the
public facility plan required by OAR 660-11 within the Active Planning Area.
4. The COUNTY shall not approve land divisions within the Active Planning
Area which would create lots less than 10 acres in size, unless public sewer
and water service are available to the property.
5. The COUNTY shall not approve a development in the Active Planning Area if
the proposal would not provide for, nor be conditioned to provide for, an
enforceable plan for redevelopment to urban densities consistent with CITY's
Comprehensive Plan in the future upon annexation to the CITY as indicated
by the CITY Comprehensive Plan.
6. Approval of the development actions in the Active Planning area shall be
contingent upon provision of adequate urban services including sewer,
water, storm drainage, streets, and police and fire protection.
7. The COUNTY shall not oppose annexation to the CITY within the CITY's
Active Planning Area.
Citv of Tigard PlanninQ. 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; 10.1.2 Boundary Criteria and 10.1.3,
Zoning. The pertinent Tigard Community Development Code sections are Chapters 18.136,
Annexations; and 18.138, Established/Developing Area Classification. For the Boundary
Commission's reference the annexation policies of the City's Plan, Policies 10.1.1, 10.1.2
and 10.1.3 are provided here:
10.1.1 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
Proposal No. 3567 - Page 3
,
• •
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 nonremonstrance
agreement regarding the following:
1. The formation of a local improvement district (L.I.D.) for any of the
following services that could be provided through such a district. '
The extension or improvement of the following:
, a) water;
bl sewer;
' c) drainage; and
d) streets.
10.1.2 Approval of proposed annexations of land by the city shall be based on findings with
respect to the following:
a. The annexation eliminates an existing "pocket" or "island" of unincorporated
territory; or
b. The annexation will not create an irregular boundary that makes it difficult
for the police in an emergency situation to determine whether the parcel is
within or outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous
to the city boundary;
e. The annexation can be accommodated by the services listed in 10.1.11a1.
10.1.3 Upon annexation of land into the city which carries a Washington County zoning
designation, the City of Tigard shall assign the City of Tigard zoning district designa-
tion which most closely conforms to the county zoning designation.
' The City staff reviewed these policies and codes and concluded the proposal was consis-
tent with them. Their conclusions are included befow:
Proposal No. 3567 - Page 4
' • •
!
1. Policy 2.1.1, requiring an ongoing citizen involvement program is satisfied because ~
the West CIT and surrounding property owners have been notified of the hearing
and 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 and ~
i
Tualatin Valley Fire and Rescue District have reviewed the proposal and indicate that
adequate services are available and may be extended to accommodate the affected
properties.
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 properties.
1. Code Section 18.136.030, requiring approval standards for annexation proposal, is
satisfied because:
a. Service providers have indicated that adequate facilities and services are
available and have sufficient capacity to serve the affected sites.
b. Applicable comprehensive plan policies and code provisions have been
reviewed and satisfied.
c. The zoning designation of R-7 most closely conforms to the county designa-
tion of R-6 while implementing the city's Comprehensive Plan designation of
Medium Density Residential.
d. The determination that the affected properties are established areas 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 properties meet the definition of an esiablished area and shall
be so designated on the development standard areas map of the comprehensive
plan.
The City conducted a zone change proceeding concurrent with reviewing the annexation
and approved a zoning designation of R-7 to be effective upon annexation.
FACILITIES AND SERVICES
Sanitarv Sewer Service. There is an 8-inch City sewer located in SW Fern St. near the
western edge of the territory to be annexed. An 8-inch U.S.A. line is in SW 135th Avenue
and can serve the proposed easternmost modification.
Proposal No. 3567 - Page 5
• • .
The territory is within the Unified .Sewerage Agency of Washington County as is the City. -
The Unified Sewerage Agency has a standard agreement between the Agency and the
large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard,
Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the
Agency's construction and maintenance standards for sanitary and storm water sewer
facilities, 2) follow and accomplish the Agency's work program for storm and surface
water, 3) obtain the Agency's consent before issuing construction permits within wet-
lands, floodways and floodplains. The agreement provides that the city owns and is
responsible for sanitary sewer lines under 24 inches in diameter within the City limits and
for storm water facilities within the City limits as identified on a map (virtually all facilities).
The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and
out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to
areas outside the City within the City's Urban Planning Area (as identified in the City- '
County UPAA) unless the City approves.
~ The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees
and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the
costs of treatment and transmission of the sewage or storm water. The City may impose
higher costs than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 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 U.S.A..
U.S.A. 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.
Water Service. A twelve and a six inch water line are located in SW Fern Street adjacent
to the territory to be annexed. A 12 inch transmission line and an 8-inch domestic service
line are in SW 135th Avenue.
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.
Currently the City charges $14.30 for the first 800 cubic feet of water and then $1.32 per
additional 100 cubic feet of water.
Proposal No. 3567 - Page 6
I
. • •
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
the District and the District's levy of $.2886 per $1000 assessed value will no longer apply
to the property.
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 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 and Librarv. Tigard operates a park system funded through its tax base which
finances the general fund. Tigard has 6 developed recreation park sites.
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 DrainaQe. The Unified Sewerage Agency levies an annual assessment for storm
drainage services of $36 per dwelling unit of which $24 goes to the City.
Proposal No. 3567 - Page 7
• ~
RECOMMENDATION ,
Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit
A, the staff recommends that Proposal No. 3567 be approved.
Proposal No. 3567 - Page 8
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pROPO o~ . GARD
ANNEXATION
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• •
35-67.
PROPOSAL NOIN'
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Washington County
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T
PROPOSAL N0. 3567 ,
CITY OF TIGARD
ANNEXATION
' FIGURE 2
• •
PROPOSAL ■ 35-67
SE1 /4 NW1 /4 SECTION 4 T2S R1 W W.M. 2S 1 4BD
Washington. County
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7A,1 Af AG
T
PROPOSAL N0, 3567
CITY OF TIGARD
PROPOSED MODIFICATION
ANNEXATI0N
FIGURE 3
~ •
' Exhibit A
Proposal No. 3567
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory to be annexed contains 2.14 acres, 1 single family dwelling, an
estimated population of 2 and is evaluated at $222,400.
2. The owners wish to obtain sanitary sewer service for their existing residence (on TL
2100) and in order to eventually partition Tax Lot 2102.
I 3. The City contacted surrounding property owners to see if there was additional
interest in annexation to the City. Two affirmative responses were received. The
Boundary Commission staff has received signed petitions to annex from the owners
of Tax Lot 1900, located to the west of the original proposal and Tax Lot 3200,
~ located to the east of the original proposal. TL 1900 contains 1.49 acres, 1 single
family dwelling, a population of 2 and is evaluated $210,440. TL 3200 contains
.48 acres, 1 single family residence (under construction) and is valued at $49,680.
The owners of TL 3200 would like to partition the property.
4. 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.
5. The western portion of the original proposal slopes from south to north (7-22%) and
has trees on the northern half. The eastern portion of the original proposal slopes
from southwest to northeast at a 10% grade and has trees on the northern half.
~ Generally speaking this area is comprised of single family dwellings both in the City
and in the County.
6. The territory is within the regional Urban Growth Boundary and the boundary of
Metro.
7. The territory is located within the County's West Tigard Community Planning area.
The West Tigard Plan states:
The West Tigard Planning Area has been identified as part of the City of
Tigard 'Active Planning Area.' Under the active planning concept, a City
accepts planning responsibilities for areas outside of its corporate limits
because the City feels the area will ultimately have to annex in order to
Findings - Page 1 of 7
• ~
Exhibit A
Proposa) No. 3567
receive urban services for developmenf. 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-6, 6 units per acre. Washington County has a single
' designation for planning and zoning.
8. Washington County reviewed its role in service provision in its Countv 2000
program. In this document, the County adopted a policy of supporting a service
delivery system which distinguishes between municipal and county-wide services to
achieve tax fairness and expenditure equity in the provision of public services. The
County policy states that municipal services should be provided either by cities or
special districts.
9. The City of Tigard and Washington County have entered into an Urban Planning
Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted
Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which
the City assumes responsibility for land use planning, and an "Area of Interest" in •
which the County agrees to coordinate its planning because of the potential impacts
on Tigard. This proposal falls within the "Active Planning Area" as designated in
the UPAA. The following pertinent provisions are from Section A, "Active Planning
Area" portion of the UPAA:
a acb%e Pawg am
1. Dfrican
"ActNe Rarm Alea mears te iioapor~ed aea axf oetan uiioar-
poraled ams arvb.ias b toi~oaporaled aea io' wlidi te C!N
and.M oa7pmhne ptrrig aid seds b ie9.lm dmdoRmait
acMes b te ge, est vaem pos~.....
2 The QTY " be reWaicr aarrpdaie~e pbnrig vwtin ft
AcM Fariig Aiea
a The QTY 's ~ ia' 1he pepaa6or~ arirm aid anactnax of
te PJk t* Pkn mqjW bV OAR 69M 1 v4in te Pcm
Fbrig Aea
Findings - Page 2 of 7
• •
Exhibit A
Proposal No. 3567
4 The QOINTY *d riot qpoae " deom vvdin ihe Acti~e FWM
Area wft waW aee' bts las tm 10 aops n sap, uiess plic
9meP T1d v1mr 99KE ae aAr.' b t12 pRX'ily.
5. The OOl1V'iY sM rot c-pme a cwdVnax n he A6e Rarig Alea
t te pouosal vAxld rot paib tr, rcr be omdoaied b prvWe
for, an eifaoeel~ pfan ia' mdmiop , o tD uban cia~ oamis-
trt wih QTYs Carpdiase Fkn n tie iWe Lpm aTOGM b te
CnY as Fxf~d bV to QiY Corrpdia" Rn
' fa Ap3ael oF te de+d4m-at a=rs n he AcM Fhnig aea stal be
oo d~gerti Lpn Paem aF aJ@q.~e ubai sa\+oes ixiu3lg ww,
voa, stim dai soeecs► arct pcioe ard fie polection
I 7. The OOINTY shal riot q~ose arOeom b te QTY wihn the QTYs
AcM Farirg Aiea
10. The City of Tigard has a"city limits" plan. The County's plan and ordinances
remain applicable unless the City takes other action after the annexation is effec-
tive.
Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen
involvement; 10. 1.1, Service Delivery Capacity; 10.1.2 Boundary Criteria and
10.1.3, Zoning. The pertinent Tigard Community Development Code sections are
Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classifi-
' cation.
The City staff reviewed these policies and codes and concluded the proposal was
consistent with them. Their conclusions are included below:
1. Ft#,y 21.1, ieq,iig an mpoi1A do~n iAoriaY pagarn 's s* ired
beca~se tv VVeSt Cff aid suroumirg pqxaty ovugs hahe beai rnded cf te
heam aid pItc noooe of te twu Fis beai pi.hlshed.
2 Ftic.y 1Q1.1, req.iip adeqt~re se\ioe r,@pedjr cl*ey tD arYe~ed paois~
's s~fed becase te Rioe Dq3atriat Ergieaig VV" Dqoacxrt and
Tidacn V*y Fre aid FesaB Qstrict hake eiewed te pmos~ ad idca~e
~ tEt aJqsewes ae ae" ad rrgy be aaa~ b aooorrrnod~le te
affi~ted prop~ties
a FtLy ial zmrrby aiYa tr aTedcrr, s~bBm..~t,e
piqmsal vJ rot aeale a barxfay irmjbj' r n tis ae% tie Fbfoe
Dqmtret has beEnroded ct tis m4st ad has ro d*ctiat tie afiectsd
bnd Bboamd V,#'1'1 te CWS UbEn (k1Tg 3ea ard B OfXu)aS bte
Findings - Page 3 of 7
~ • .
Exhibit A ' Proposal No. 3567
oN bardary, " adeq.~le se\+om ae aebW tD aooQrrrio~e te prcper-
1. Coch Section 18136.030, m4-ft aFmd slarr~~ far aTeeici pq~
's sa~i'ed bera~
a Saeioe pv~+das hae itif,aled tet adaq.ale fiadoes aid semoes
are adth aid Fse sufidat r.4adqr 13 saw te affec,d sles
b Apiote oQrpftEhe {~an qokies and oode piv"rs F%e beai
rev6n,ed aid saosfied
c The a-rYg det dcn oF R7 most doedy oairnm bt-e oarily
deegeon aF R6 Wie irplararri-g 4-e dq/s CAmpdiaEhe Fkn
dEdg Oon d NbdLm Dtrdy Fbdatd
d The denrriWm ihat tie : Ifieded pq- aties ae ~~ed aeas 's
baeed m fie stad3 n(}vw18138 af the aode.
2 C ada S e cticn 1 8 1 3$ p v av s l ad3 f o r 1 h e I I o m o F a r rExd tr i d
's sal~d becase te prq- ao: s meet te defi'i6m oF an d~ied aea
and " be so desgt~ed m t-e de~dqxmert ssarxt3d areas rrEp of te oarrjie
ha'eke pEn
The City conducted a zone change proceeding concurrent with reviewing the
annexation and approved a zoning designation of R-7 to be effective upon annex-
ation.
11. There is an 8-inch City sewer located in SW Fern St. near the western edge of the
territory to be annexed. An 8-inch U.S.A. line is in SW 135th Avenue and can
serve the proposed easternmost modification.
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 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
Findings - Page 4 of 7
. • •
Exhibit A
Proposal No. 3567
responsible for all industrial waste discharges, both in and out of cities. The Unified
Sewerage Agency agrees not to extend sanitary sewer service to areas outside the
City within the City's Urban Planning Area (as identified in the City-County UPAA)
unless the City approves. .
The City is responsible for billing the customers after service is installed and for
collecting sanitary and storm sewer connection fees. If the City imposes the same
connection fees and user charges as U.S.A., it simply passes these monies on to
U.S.A. to pay for the costs of treatment and transmission of the sewage or storm
water. The City may impose higher costs than U.S.A. charges and keep the
difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 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 U.S.A..
U.S.A. assesses a property tax which goes toward payment of bonds sold to
construct district-wide major improvements and regional treatment plants. Subse-
quent to annexation this tax, which for the 1995-96 tax year is $.0927 per thou-
sand assessed value, would remain the same since the City is in the District.
12. A tweive and a six inch water line are located in SW Fern Street adjacent to ihe
territory to be annexed. A 12 inch transmission line and an 8-inch domestic
service line are in SW 135th Avenue.
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.
Currently the City charges $14.30 for the first 800 cubic feet of water and then
$1.32 per additional 100 cubic feet of water.
13. Upon annexation to the City, the territory will be automatically withdrawn from the
Washington County Enhanced Sheriff's Patrol District and the District's $ .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.
Findings - Page 5 of 7
• • .
Exhibit A
Proposal No. 3567
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.
14. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will
not affect this service because the City is in the District.
15. The territory is within the boundary of the Washington County Urban Road Mainte-
nance District. Upon annexation the territory will be automatically withdrawn from
the District and the District's levy of $.2886 per $1000 assessed value will no
longer apply to the property.
16. The territory is within the boundary of the Washington County Vector Control
District. Tigard is not a part of the District. Upon annexation, the territory will be
automatically withdrawn from the unfunded Washington County Vector Control
District.
17. The territory is within the Washington County Service District #1 for street lights.
, The District provides services to areas within its boundary which request street
' lighting services. The District uses local improvement districts to finance the
service. Upon annexation the territory will be automatically withdrawn from the
District.
~ 18. The City provides street lighting service out of its Street fund which receives State
shared gasoline tax revenues as its primary revenue source.
19. Tigard operates a park system funded through its tax base which finances the
general fund. Tigard has 6 developed recreation park sites.
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.
20. 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 6 of 7
• • •
Exhibit A
Proposal No. 3567
REASONS FOR DECISION
Based on the Findings the Commission determined:
1. The proposal is consistent with regional county and city planning as is required by
ORS 199.410 (3)(d).
2. As noted in Findings 1 1-20 an adequate quantity and quality of public services will
be available to this area as required by ORS 199.410 (3)(b).
3. The proposed annexation is in accord with the Boundary Commission's Policy On
Incorporated Status (OAR 193-05-005) and its Policy On Long Range Governmental
Structure (OAR 193-05-015).
Findings - Page 7 of 7
~ ~ ! . •
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CMSN.
800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093
AGENDA
February 15, 1996
,
TO: Boundary Commission
FROM: Kenneth S. Martin, Executive Officer
SUBJECT: Public Hearing - April 4, 1996
This is to remind you of the Commission's scheduled Public Hearing on
April 4, 1996 at 7:00 P.M.
AT: Multnomah County Courthouse
I 1021 SW Fourth
Room 602
Portland OR 97204
Prior to the Public Hearing a study meeting will be held at 6:00 P.M.
6:00 pm - The Tree Room
, Standard Insurance Center
900 S.W. Fifth
Concourse Level
Portland, Oregon 97204
Please Be on Time
Sandwiches and coffee will be provided to the Boundary Commission members only.
KSM/Imr
PORTLAND METROPSTAN AREA LOCAL GOVERNMEO BOUNDARY CMSN.
800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093
Agenda
Apri14, 1996 - Hearing
AT: Multnomah County Courthouse
1021 SW Fourth - Room 602
Portland OR 97204 7:00 PM
1. Call to Order
2. Roll Cail
3. Approval of March 7, 1996 Hearing Minutes.
4. Hearing Agenda - 14 Boundary Change Proposals
Continued Proposals:
Proposal No. 3559 - City of Molalla (Clack.) (Annexation) (Consisting of
territory located generally on the north side of the City, on the east edge of
the SPT RR ROW, the south end of Bronco Ave and W of Molalla Ave.)
Proposal No. 3527D - City of West Linn (Clack.) (Annexation) (Consisting of
territory located generally on the west edge of the City, on the west edge of
SW Suncrest Ave., south of Valley View Dr. and east of Kapteyns St.)
Proposal No. 3557D - City of West Linn (Clack.) (Annexation) (Consisting of
territory located in Tanner Basin area of the City, on the south edge of Bland
Circle at its intersection with Taylor Dr.)
Proposal No. 3577 - City of Cornelius (Wash.) (Annexation) (Consisting of
territory located generally on the north edge of the City, on the north side of
Gray St., south of Council Creek and east of N 14th.)
Proposal No. 3573 - City of Tualatin (Wash.) ( Annexation) (Consisting of
territory located generally on the south side of the City, on the southeast
edge of SW Grahams Ferry Rd. and west side of SW Boones Ferry Rd.)
Proposal No. 3567 - City of Tigard (Wash.) (Annexation) (Consisting of
territory located generally in the west part of the City on the south edge of
S.W. Fern St., west of S.W. 135th Ave. and east of S.W. 138th Ave.)
3/7/96 Agenda - Page 2
Proposal No. 3572 Oy of Hillsboro (Wash.) (Annexao) (Consisting of t°
territory located generally in the eastern part of the City, on the southern
edge of SE Drake Rd., west of SW 239th Ave. and east of SE 456th PI.)
Proposal No. 3576 - City of Hillsboro (Wash.) (Annexation) (Consisting of
territory located generally in the east part of the City, on the west edge of
SW 239th Ave., south of SE Blossom St. and north of SE Hacienda St.)
Proposal No. 3569 - City of Oregon City (Clack.) (Annexation) (Consisting of
territory located in the southeast part of the City, on the west edge of
Beavercreek Rd. south of its intersection with Loder Rd.)
Proposal No. 3570 - City of Oregon City (Clack.) (Annexation) (Consisting
of territory located on the east edge of the City, on the north edge of
Redland Rd. and east edge of Livesay Rd.)
Proposal No. 3574 - City of Beaverton (Wash.) (Annexation) (Consisting of
territory located generaliy on the west side oi Beavertan, on tne wesi edge
of SW 158th Avenue and north edge of SW Baseline Rd.)
Proposal No. 3575 - City of Beaverton (Wash.) (Annexation) (Consisting of
territory located generally on the north edge of the City, on the north side of
Cornell Rd. at its intersection with NW 173rd.)
Proposal No. W-466 - City of Beaverton (Wash) (Extraterritorial Water Line
Extension) (Consisting of approximately 3,905' of 12" water line from
Beaverton's 10" and 12" water lines located in Murray Hill subdivision,
phases 11, 14 & 15 onto and through the territory to be served which is
located on the west edge of SW 155th Terrace.)
Proposal No. S-146 - City of Beaverton (Wash.) (Extraterritorial Sewer Line
Extension) (Consisting of approximately 4,590' of 8" sanitary sewer line
from Beaverton's sewer line located in Bobwhite Circle onto and through
territory to be served which is located on the west edge of SW 155th
Terrace.)
5. Other Business
6. Adjournment 3/7/96 Agenda - Page 3
PORTLAND METROP&AN AREA LOG,4L GOVERNME&OUNDARY CMSN.
800 NE OREGON ST #16 (STE 540) PIDRTLAND, OR 97232-TEL: 731-4093
REVISED AGENDA
April 4, 1996 - Hearing
AT: Multnomah County Courthouse
1021 SW Fourth - Room 602
Portland OR 97204 7:00 PM
1. Call to Order
' 2. Roll Call
3. Approval of March 7, 1996 Hearing Minutes.
4. Hearing Agenda - 14 Boundary Change Proposals
Continued Proposals:
Proposal No. 3559 - City of Molalla (Clack.) (Annexation) (Consisting of
territory located generally on the north side of the City, on the east edge of
the SPT RR ROW, the south end of Bronco Ave and W of Molalla Ave.)
Proposal No. 3527D - City of West Linn (Clack.) (Annexation) (Consisting of
territory located generally on the west edge of the City, on the west edge of
SW Suncrest Ave., south of Valley View Dr. and east of Kapteyns St.)
Proposal No. 3568D - City of West Linn (Clack.) (Annexation) (Consisting of
territory located in Tanner Basin area of the City, on the south edge of Bland
Circle at its intersection with Taylor Dr.)
Proposal No. 3577 - City of Cornelius (Wash.) (Annexation) (Consisting of
territory located generally on the north edge of the City, on the north side of
Gray St., south of Council Creek and east of N 14th.)
Proposal No. 3573 - City of Tualatin (Wash.) ( Annexation) (Consisting of
territory located generally on the south side of the City, on the southeast
edge of SW Grahams Ferry Rd. and west side of SW Boones Ferry Rd.)
Proposal No. 3567 - City of Tigard (Wash.) (Annexation) (Consisting of
territory located generally in the west part of the City on the south edge of
S.W. Fern St., west of S.W. 135th Ave. and east of S.W. 138th Ave.)
3/7/96 Agenda - Page 2
Proposal No. 35720ity of Hillsboro (Wash.) (Annex*) (Consisting of
territory located generally in the eastetn part of the City, on the southern
edge of SE Drake Rd., west of SW 239th Ave. and east of SE 456th PI.)
Proposal No. 3576 - City of Hillsboro (Wash.) (Annexation) (Consisting of
territory located generally in the east part of the City, on the west edge of
SW 239th Ave., south of SE Blossom St. and north of SE Hacienda St.)
Proposal No. 3569 - City of Oregon City (Clack.) (Annexation) (Consisting of
territory located in the southeast part of the City, on the west edge of
Beavercreek Rd. south of its intersection with Loder Rd.)
Proposal No. 3570 - City of Oregon City (Clack.) (Annexation) (Consisting
of territory located on the east edge of the City, on the north edge of
Redland Rd. and east edge of Livesay Rd.)
Proposal No. 3574 - City of Beaverton (Wash.) (Annexation) (Consisting of
territory located generally on the west side of Beaverton, on the west edge
of SW 158th Avenue and north edge of SW Baseline Rd.)
Proposal No. 3575 - City of Beaverton (Wash.) (Annexation) (Consisting of
territory located generally on the north edge of the City, on the north side of
Cornell Rd. at its intersection with NW 173rd.)
Proposal No. W-466 - City of Beaverton (Wash) (Extraterritorial Water Line
Extension) (Consisting of approximately 3,905' of 12" water line from
Beaverton's 10" and 12" water lines located in Murray Hill subdivision,
phases 11, 14 & 15 onto and through the territory to be served which is
located on the west edge of SW 155th Terrace.)
Proposal No. S-146 - City of Beaverton (Wash.) (Extraterritorial Sewer Line
Extension) (Consisting of approximately 4,590' of 8" sanitary sewer line
from Beaverton's sewer line located in Bobwhite Circle onto and through
territory to be served which is located on the west edge of SW 155th
Terrace.)
5. Other Business
Consideration of Resolution No. 76 - Initiating annexation to the
Tualatin Hills Park & Recreation District of territory within the
boundaries of the City of Beaverton
6. Adjournment , 3/7/96 Agenda - Page 3
.
cLacwAnnas 3 f 14 ) gF,
MULTNOMAH • •
1NASHINGTON
PORTLAND METRO'O ' ' O ' O ' :1 1A' 1 1
800 NE OREGON STREET k 16 (SUITE 540) PORTLAND, OREGON 97232 PHONE: 731-4093
March 11, 1996
Ray Valone
City of Tigard
~ 13125 SW Hali BLVD
' Tigard OR 97223
~ Ref.• 3567
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 re uirements of ORS 199.
q 463, they need to be posted by
March 21. 1996
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 Ofticer RAY BARTEL, Chair MARIIYNN HElZEFMAN
DENIECE WON, Executive Assisiant TOM WHITTAKER, Vice-Chair SY KOFiN8RO0T
KELLY PAIGE, Executive Assistant 808 BOUNEFF SUE LAMB LANA AULIEN, Administrative Assistant NATHALIE DAACY
~ -
CLACKAMA5 ~ i
MULTNOMAH
WASHINGTON
I
POR ' D'10tTRO'O ' ' O ' GOVERNMENT :1 1A' 1 1
000 NE OREGON STHEET N 18 (SUITE 540) PORTUIND, OREGON 97232 PIiOIVE: 731•4093
PLJBLI.C
JOTICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, APRIL 4, 1996, 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 N0. 3567 - ANNEXATION TO THE CITY OF TIGARD of territory located
generally in W part of City on S edge of S.W. Fern St., W of S.W. 135th Ave. & E of S.W.
138th Ave., more particularly: TL's 2100 & 2102 in SE 1/4 NW 1/4 Sec. 4, T2S R1 W,
W.M., Wash. Co., OR
GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING
731-4093.
March 9, 1996 RAY BARTEL, CHAIRMAN
STAFF COMMISSIONERS
KENNF7N S. MAATIN, Execullve Oflicer RAY BARTEL, Chalr MAf11LYNN I•I[LZ[RM/1N
DENIECE WON, Executlve Asslslant TOM WI-11TTAKER, Vice-Chair SY KORNBRODT
LANA RULIEN, Adm(ntstraltve Assistant 808 BOUNEFF STEVE STOLZE
NATHALIE DARCY
y . . •
PROPOSAL • •
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T
PROPOSAL N0. 3567
CITY OF TIGARD
ANNEXATION
FIGURE 2
uv~._P~
TIGARD C1TY COllNC1L MEETING
FEBR[lARY 13, 1996 - 6:30 PM
MINUTES
• STUDY MEETING
> Executive Session: The Tigard City Council may go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), (f), 8t (h)
to discuss labor relations, real property transactions, exempt public
records, and current 8L pending litigation issues. As you are aware, all
discussions within this session are confidential; therefore nothing from
this meeting may be disclosed by those present. Representatives of the
news media are allowed to attend this session, but must not disclose
any information discussed during this session.
> Five-Year Financial Plan Status
• Finance Director
Wayne Lowry, Finance Director, updated the Council on the five-
year plan for a financial perspective for the goal setting process.
Since 1981, City of Tigard has worked with 5-year p[ans. He
rev'sewed the 5-year p[ans since 1981, noting that the current 5-
year plan would take the City through the year 2001. He stated
that Year One of the current p[an began on ]uly 1, 1996.
Mr. Lowry said that the plan was designed to go before the
voters every fnre years, though that was not a legal requirement.
He explained that the Council at the time was responding to the
voters getting tired of governments constantly asking for more
~ money. The City put together a responsible plan and promised
not to come back to the voters for five years.
Mr. Lowry distributed copies of the ballot titie that went before
'I the voters. He noted the commitments made to police and
, library in the titte.
Mr. Lowry reviewed the assumptions in the plan, including
adding three police officers a year for the next six years and
having $1 million dollars reserved in the general fund at the end
of the fifth year.
Mr. Lowry explained that the increased tax base (passed in
November 1994) would not take effect until )uly 1, 1996. If
the Council chose to levy less than the voter-approved amount, it
would affect the plan.
Mr. Lowry reviewed the general fund revenue sources received
from the State: cigarette tax, liquor tax and State shared
. revenues. He exptained that they assumed in the plan that they
would lose those revenues ($554,000 to $600,000 a year)
because in 1994 it tooked like the State would be keeping the
CITY COllNCfL MEETfNG MiNUTES - FEBRUARY 13, 1996 - PAGE 1
` ' • •
money. However, the City did not lose the money and staff put
. it back into the plan in Year Six and in Year One. He said that
they also added a couple more positions in Year Six.
Mr. Lowry explained that the commitment made to the public was that if the shared revenues are unexpectedly continued after
1996, the Council would extend the fnre year commitment to
the voters based on the amount of shared revenues received by
the City. He said that there was a potentiai of $2.2 to $2.5
million dollars in additional revenues to this plan over the ftve
years. •
Mr. Lowry explained that the five year plan was essentially a
mechanism that allowed him to tell the Couneil what effect a
decision they made today would have on the future of the general
fund. He noted that there were costs involved in moving things
I forward in the plan and that the plan was the framework around
, which future budgets should be bwlt.
Mr. Lowry commented that this was the .62 cents plan, down
. from the original November 1994 proposal of .94 cents. If the
Council decides to do something that was not in the plan, there
were financial implications to the change. The plan also made
certain assumptions about levels of service.
' Mr. Lowry stated that any change on the expense side of the plan
had to be matched with a change on the revenue side or with
some other change offsetting the increase in expenses.
Councilor Scheckla asked if revenue sharing was designated for a
certain area. Mr. Lowry said that all the revenue sources for the
general fund would be used to fund generai fund services; those
services were mainly police, library and parks:
Mayor Nicoli asked if the City would have extra unexpected
money coming in if they didn't lose the $600,000 and did
nothing different on the spending side. Mr. Lowry said that they
included two years of revenue sharing dollars in the plan and
added some positions that weren't in the original plan. He stated
that they checked with all departments in November and
identified what changes to the plan have occurred. He said that
when those changes were factored in, they had $800,000 or
$900,000 dollars remaining at the end of the ptan, which was
the target.
Councilor Scheckta asked if there was any reason to assume that
revenue sharing would be discontinued in the future. Mr. Lowry
said that he did not know. The State seems to have been able to
fund schoois since Measure 5; however, the Finance Director said
CITY COLINCIL MEETING MINI]TES - FEBRIIARY 13, 1996 - PAGE 2
• •
he was only willing to put the State shared revenues back into
the plan every two years.
Biil Moeahan, City Administrator, raised the issue of Budget
Committee meetings. The Council discussed it and decided to
scheduie an initial meeting for Thursday, March 7, from 6:30
p.m. to 8:30 p.m. for orientation and the social agency
presentation. At that time they would decide on the other
meeting dates. Mayor Nicoli suggested that Mr. Lowry poll the
Budget Committee members on meeting on March 7.
in response to a concern raised by Mayor Nicoli, Mr. Monahan
said that they would check on the hearing scheduled for March
26 and reschedule the items on the March 26 agenda to avoid a
meeting during Spring Break.
> City Hall Roof
Councilor Hunt asked if all the contractors were aware that they
could submit a different proposal other than for the metal roof
preferred by Council.
john Acker stated that he talked with all three of the bidders
about the preference for a metal roof and all three commented
that there might be less expensive ways to do the roof. He said
that he told them that they could submit alternative bids along
with the metal roof bid.
Councilor Hunt asked if the architect for the City Hall roof was
the same architect that did the work on the senior center. He
said that he wanted to know because he did not think that the
, details were handled well at the senior center. Mr. Acker said
that he did not know if it was the same architect but that he
would find out. Mayor Nicoli suggested inviting the architect to
the next Council work session for an informal visit.
Councitor Hunt asked if a decision was made on which of the two
options the City woutd take. He noted that this bidder was
higher on the metal roof, though lower on the alternative roof.
If they chose the metal roof, they would not be giving the
contract to the low bidder.
Mr. Acker explained that the City was not required to choose the
low bidder when dealing with a personal services contract like
this. He said thac he chose this bidder over the others because
he thought he had the clearest and most detailed scope of
services. lt indicated spetifica(ly what the bidder would be doing
for the City. That included three different etevations of inetal
roofs so that the City could see what it might look like.
C1TY C0t1NCIL MEETING M1Nl1TES - FEBRLIARY 13, 1996 - PAGE 3
1 • •
> Storm update
Mr. Monahan explained the need for a resolution dectaring a
state of emergency in order to get FEMA funds to help with the
storm damage. He said that they were not sure what the damage
was yet but that once the water reteded from Cook Park, they
would and assess the damage.
Ed Wegner, Maintenance Services Director, reported that they
had major problem areas due to the storm. These included major
flooding at Cook Park, a water supply issue and a mud sfide on
99W. He said that the City responded to the muds{ide because
ODOT made it a lower priority.
Mr. Wegner reviewed the concerns at Benchview Place where a
house was s[iding down the hill. He said that the Community
Development Department has worked on the structure. A major
problem was the storm drainage system running behind the house
that collapsed due to the ground shifting. He said that they
made a makeshift catch basin to handle any additional storm
drainage and were monitoring the situation.
Mr. Wegner said that the sanitary sewer line that ran right
behind the home has also moved. They would N it every Friday
to see how much movement there was. He stated that they have
been working with IISA and had a contingency plan in case the
whole sanitary system collapsed; this system served not only the
Benchview area but also the Three Mountains Estates.
Councilor Scheckla asked if the people have been evacuated from
the house. Mr. Wegner said yes, and that the house had been
"red tagged" since Thursday. He noted that there had been some
, potential damage to the neighbor to the north but that an
engineer worked with the homeowner to take of the problem.
Mr. Wegner stated that the other storm related problem was the
water supply, which might or might not continue to be a
problem. He said that Lake Oswego had shut down its plant
several times during the storm event due to the turbidity of the
water; until today, Tigard had been buying water from Lake
Oswego and using storage. He stated that on Sunday, Tigard
began selling water to Tualatin. He noted that even though the
Bull Run water supply was shut down and ground well water used
as well as water conservation requested, no one using Bull Run or
Clackamas River water had had to boil water.
Mr. Wegner said that even though Portland had lifted its water
crisis alert, but Lake Oswego shut down iu plant because of a dieset fuel spill on the Clackamas River this afternoon. Tigard
started buying water from the Tualatin Valley system this
CITY COUNCIL MEETiNG MINLTES - FEBRUARY 13, 1996 - PAGE 4
` • •
afternoon but hoped that the Lake Oswego plant would be back
online by early morning. He said that Tigard's water storage did
not drop below 50% until today when it dropped to 49%.
Mr. Wegner said that they would continue to monitor the
situation. They were pumping over 1 million galtons a day from
their own wells.
In response to questions from Councilor Scheckla, Mr. Wegner
said that the only Cook Park would have structural damage
resulting from the flood, citing the restrooms and noting the
large sinkhole that has appeared in the soccer parking lot.
Summerlake Park and Woodard Park would have oniy ground
maintenance damage.
ln response to a question from Councilor Rohlf, Mr. Wegner said
that he doubted they still had a ramp to the dock but that
hopefully the dock was still there.
Mr. Wegner reported that they delivered barricades Friday
evening to Tualatin and have lent them Tigard's forklift and one
of their dump trucks. Mayor Nicoli reported that Tualatin has
asked for assistance for building inspections for damaged
structures; qualified City staff would be sent.
Mr. Wegner commented that Tigard had been fortunate and that
by Friday night, the emergency had been nearly wrapped up.
Councilor Scheckla asked if the apartments flooded on Bonita
Road had been evacuated. Mr. Wegner said that the City had not
officially evacuated anyone other than the one residence on
Benchview.
Mayor Nicoli asked if most of their cosu were reimbursable by
FEMA. Mr. Wegner said that he didn't know yet. He stated that
they have received instructions to begin keeping records and
gathering data. He reported that sometime after the 19th, a
meeting would be held in Salem to inform jurisdictions what was
or was not reimbursable. ]ohn Acker would meet with the
highway people tomorrow to find out about federal funds for
City streets damaged during the flood.
Councilor Scheckla asked if it was possible to get some funds to
replace Tiedeman Bridge and the bridge on Grant between Tigard
and Johnson streets. Mr. Wegner said that he would find out.
Mr. Monahan reported that another continuing cost they might
have related to storm debris collection. Metro has asked local
jurisdictions to set up col[ection areas.
CtTY COl]NCIL MEETING MINlJTES - FEBRLIARY 13, 1996 - PAGE 5
. . ~ •
Mr. Wegner commented that sand bags contaminated with
petroleum would be declared hazardous waste and disposed of
separately.
llpdate on Transportation lssues in the Triangle Area
• Community Development Director
Jim Heedryx, Community Development Director, distributed
copies of a memo updating the status of the Tigard Triangle area.
(Copy of inemo on file with the Council paclket materiai.) He
reviewed the steps in the memo, noting the request for
consultant assistance to package all the transportation
recommendations developed in the past two years, the intent to
institute mixed use zoning for the Triangle, and the public
involvement process.
Mr. Hendryx noted that the project would begin now with wrap
up in September. He said that they would need an additional
$10 to $13,000 to complete the project as outlined. He
mentioned the scope of work attached to the memo. He said
that, based on Council direction, he could come back to the
February 27 meeting for action and then start getting proposals.
Mayor Nicoli asked for the timeline in a graphic form to make it
easier for citizens to understand the process and when things
were supposed to be accomplished. He asked if wrap up in
September meant it would then go to the Planning Commission.
Mr. Hendryx said that it would go to the Planning Commission in
late September or early October; the intent was to have the
project wrapped up before the end of the year. However if
something controversial came up, room has been allowed for
additional hearings.
Councilor Hunt asked how invotved Metro and ODOT were in
this phase. Mr. Hendryx said that the intent was to have them
involved. He was meeting with Bruce Warner of ODOT and
Andy Cotugno of Metro tomorrow and hoped to have them
involved in the first hearings. He commented that the Swte was
very interested in Tigard's adopting the tool box because it was
I the first time it has been done in the State and wou[d serve as a
template for other jurisdictions.
Mr. Hendryx said that they have sent out requests for
consultants to a variety of firms to get a broad representation.
Mr. Hendryx stated that he heard a commitment from Council to
staff to go forward; . he would return with the necessary
paperwork on the 27th. In the interim, staff would finalize the
scope of work and get it out as soon as possible.
CITY COLINCIL MEETING MINIJTES - FEBRIIARY 13, 1996 - PAGE 6
. , ~ •
Non-Agenda ftems
Mr. Monahan said Councii would need to consider a resofution declaring a
state of emergency because of the storm.
iNr. Hendryx mentioned the issue of the coordination with the County Park
Advisory Committee regarding the site up on Bull Mountain. He suggested
proposing joint funding of the site as a way to split the costs for the 13 acre
parcel.
Councilor Hunt said that he could not support spending all their money on
the Bull Mountain area and would rather see it spread through the City. He
commented that a 1ot of peopie voted for trail upgrades. He stated that he
woufd vote against this when it came up. '
Mayor Nicoli commented that this was an opportunity to cut the cost of the
property in half. He said that they didn't need to buy the entire property;
they could split some portions off from it.
Councilor Scheckla mentioned that recently some people who offered to
donate $32,000 to buy some property off Hall Blvd if the City would match
the funds withdrew their offer when the City said they didn't necessarily want
the entire property.
Mr. Hendryx said that all they were doing was asking the County to tonsider
a joint venture. He said that he thought they shouid try for as many joint
ventures as possibie to stretch everyone's doilars further. He stated that
asking the County to consider this did not bind the City into an agreement.
Liz Newton, Assistant to the City Administrator, reported that staff talked to
the West CIT about this issue. She thought that the West CIT would like the
City to encourage the County to do a joint venture to stretch the dotlars
further. Both the City and the County had additional sites they were
considering. She suggested rewording the letter to encourage a joint venture.
Mayor Nicoli proposed that they ask the County to consider a joint venture.
He said that he thought it was wise and that the City couid double its money.
Mr. Hendryx clarified what the fetter said. He stated that it asked that as the
County went through iu selection process to consider working with the City
~ on a joint project. It was an attempt at a cooperative effort since both
jurisdictions were looking at similar service areas, rather than an attempt to
commit to a specific site.
Mr. Hendryx said that they would rewrite the [etter.
> Agenda Review .
Councilor Moore stated that he would remove himself from the Briar
Devetopment hearing because of a conflict of interest; he'd been on the
CITY COLINCIL MEETING MiNllTES - FEBRl1ARY 13, 1996 - PAGE 7
, • •
Planning Commission that reviewed it. However he would participate .
in the Future Shop hearing since the Council was looking at a different
issue than what the Ptanning Commission had reviewed.
1. BllSINESS MEE77NG
1.1 Call to Order - City Council 8t Locat Contract Review Board
Mayor Nicoli called the study session to order at 6:31 p.m.
1.2 Roil Call
Gouncil Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian
Moore, Bob Rohlf, and Ken Schetkla.
Staff present: City Administrator Bill Monahan; Property Manager ]ohn
Acker (Study Session oniy); Acting City Engineer Gary Alfson; Jim.
Hendryx, Community Development Director; Einance Director Wayne
Lowry (Study Session only); Nadine Smith, Senior Ptanner; Assistant to
the City Administrator Liz Newton; Tim Ramis, City Attorney;
Maintenance Services Director Ed Wegner (Study Session on[y); Police
Chief Rob Goodpaster; and City Recorder Catherine Wheatley
1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda ltems
City Administrator Monahan said that staff would like to add two
items: a resolution declaring a state of emergency, and a request to
coordinate witn the Washington County Parks Advisory Committee.
. 2. a. OATH OF OFFICE - BRIAN MOORE
Mayor Nicoli administered the oath of office to Brian Moore.
b. SPECIAL ACKNOWLEDGMENT - TEACHER OF THE YEAR - CINDY
Rl1SSELL, TIGARD HIGH SCHOOL
• Introduction: Mark Kubiaczyk, Tigard High School Prindpal
• presentation: Mayor Nicoli
Mr. Kubiacryk introduced Cindy Russell, the teacher who won the
National High School Association's Teacher of the Year award for her
efforts in school reform and excellence in teaching.
Ms. Russell thanked Mr. Kubiacryk for nominating her for the award
and encouraging her to remain in Tigard. She said that Tigard High
School has made great strides in school reform and expressed her
appreciation at being part of it. .
Mayor Nicofi presented a certificate and some small gifts to Ms. Russell
and expressed the community's pride in her for winning a national
CITY COl1NCIL MEETING M1NlITES - FEBRUARY 13, 1996 - PAGE 8
, • • •
award."'
Mayor Nicoli recessed the meeting at 8:45 p.m.
Mayor Nicoli reconvened the meeting at 8:49 p.m.
3. VISITOR'S AGENDA Gene McAdams, 13420 S.W. Brittany Drive, Tigard, spoke on the 130th and
Wintertake bridge and street improvement projecu scheduled for construction
this summer. He said that former City Engineer Wooley had told him that he
thought that work on the projects would start in March. He asked if the City
has set dates for public review of the bridge plans.
Mayor Nicoli stated that they had not set any dates for pubtic review. He
said that the Council had authorized staff to go forward on the timeline
without a final review of the project by Council, as was the normaf procedure.
In this instance, CounciI also promised a neighborhood meeting to allow
residents to see the final documents.
Mr. McAdams asked when the Task Force and public would be notified
regarding the street improvements and associated amenities plans. He said that that project would require coordination with the public; the pubiic and
the Task Force should look at those ptans before their final approval. He said
that he was anxious to get started on this because he knew that eariy
advertisement on bridge projects helped to get the best deal for building one.
4. CONSENT AGENDA
4.1 Approve City Council Minutes: ]anuary 9, 16, 1996
4.2 Recenre and File:
a. Tentative Agendas
b. Council Calendar
4.3 Approve Implementation of ClassiftcationJCompensation Study Results
and Recommendations for the Management and Professional Staff -
Resolution No. 96-06
MOTION by Councilor Hunt, SECONDED by Councilor Scheckla, to approve
the Consent Agenda.
The motion was approved by a unanimous vote of Council present. (Mayor
Nicoli and Councitors Hunt, Rohlf and Scheckla voted "yes.")
5. PllBL[C HEARING (QW4S1-JtIDICiAL) - COMPREHENSiVE PLAN
AMENDMENT AND ZONE CHANGE CPA 95-0003/ZON 95-0005 BRIA,R DEl/ELOPMENT
A request to amend the Comprehensive Plan map from Medium-High Density
Residential to Generat Commercia( and change the zoning from R-25 to C-G
on 9 acres of a 15.14 acre parcel. Location: Southeast corner of S.W.
Scholls Ferry Road and S.W. f 35th Avenue (WCTM 1 S 1 33AC, Lot 8000).
Applicable Review Criteria: Comprehensive Plan policies 1.1.2 (2), 2.1.1,
CITY COt1NCIL MEETING MINIlTE5 - FEBRIIARY 13, 1996 - PAGE 9
. • •
5.1, 5.41 6.1.1, 8.1.1, 8.2.2 and 12.2.1(2 and Community
Devetopment Code chapters 18.22 and 18.32. Zone: C-G (General
Commercial) allows for several commercial uses including convenience sales
and services, eating and drinking establishments, food and beverage retail
sales, general retail sales, and medical and dental services.
a. Continue Public Hearing from the )anuary 23, 1996 Council Meeting
Mayor Nicoli read the hearing titie, reviewed the hearing procedures
and opened the public hearing.
b. Declarations or Chaltenges
Councilor Moore removed himself from this hearing because he had
been a member of the Ptanning Gommission which heard this
application and because he had not attended the first Council hearing.
The Councilors reported no ex parte contact. They indicated that they
had familiarized themselves with the record. There were no challenges.
b. Public Testimony
Mayor Nicoli explained that this meeting had been continued to a11ow
the applicant to rebut. He asked for a brief report from staff to update
the additional information received by Council in the interim.
Ray Valone, Associate Ptanner, reviewed Council's direction at the
]anuary 23 meeting to staff to provide copies of CPA 91-0003/ZON
91-0006, the Albertson's application for a zone change. He stated
that copies of the August 1991 transportation analysis and its October
1991 addendum, and a set of tax assessors maps used for notification
of area residents that were part of the 1991 case were not provided to
Council because staff deemed them irrelevant to the purposes for which
Council had requested the file. He said that they could be made part of
the record if Council chose to do so.
Mr. Valone said that because the Albertson's file did not include any
information about the outcome of the hearing, staff researched the
Planning Commission minutes of November 4, 1491 and December 16,
1991 when the case was heard. He stated that the relevant portion of
those minutes have been provided both to the applicant and to the
opponents' attorney, and were available to Council from the City
Recorder.
Mr. Valone reviewed the outcome, noting that the Planning
Commission voted unanimously to direct staff to work with the
applicant, all others in the Scholis Ferry area that had previously
applied for a rezone and been denied, the NPOs, and those parties
interested in the development of a new plan in zoning designations. He said that though the Commission voted to continue the hearing to a
Later date, no further hearings were held on the matter. He stated that
C1TY COl]NCII MEETING MINIITES - FEBRUARY 13, 1996 - PAGE 10
• •
the minutes excerpts could be made part of the record as Council's
discretion.
- Rebuttal
]oel Gordon, Briar Development Company Director of Development,
reviewed the applicant's efforts in working with staff and other
agencies for more than a year. He said that they held three community
meetings to garner community input, and had.been told that there
wasn't sufficient interest in the CiT to warrant addressing that group.
He stated that they received no negatnre feedback from the
neighborhood at the Planning Commission, and that the opposition at
the first Council hearing had beeaa coordinated by economic
competitors seeking to protect their territory.
Mark A. Vandehey, IGttleson 8L Associates, 610 SW Alder, Portland,
stated that he was a professional traffic engineer. He referenced his
written response to the issues raised by the opponents at the )anuary
23 hearing. He said that he disagreed with virtuatly all of the issues
raised b M . B
y r ernstein, contending that there were technical errors
with res ect to his tri
eneration estimates that invah
P p g dated his basic
premise.
Mr. Vandehey pointed out that Mr. Bernstein became involved wi
th
this pro1'ect for on one week Pi
ly r or to the Janua 23 hearing, and that
~'Y
he collected no field data, did not talk to them about their analysis, or
present any technical analysis demonstrating that the surrounding street
system was inadequate to support the proposed zone change. He stated
that they have been working on this project for almost a year and have
collected operational field data at the study intersection. In addition,
they have met with both Washington County and City of Tigard staff
who agreed that the assumptions used in their analysis of both the
proposed development and a worst case scenario were in fact
conservative.
Mr. Vandehey stated that they discussed with staff assumptions
regarding trip distribution and trip assignment as well as the traffic
operations in the existing conditions and in the 2005 scenario. He said
, that they developed an access scheme which both the County and the
developer felt met the access needs of the development and protected
the capacity of Scholls Ferry Road. He said that the Washington
County engineers and planners concluded that the proposed
' development would have similar or tess severe impacts on the critical
intersections on Schoils Ferry than the apartment complex allowed for
under the current zone designation.
Mr. Vandehey addressed the issue of neighborhood traffic impacts. He
said that they thought that this site was ideally located because it was
accessible to the surrounding neighborhood by pedestrians and autos
yet did not promote an increase in non-local traffic within the
CITY COUNCIL MEETING MINIITES - FEBRIIARY 13, 1996 - PAGE 11
, • •
neighborhood. He stated that they thought so for two reasons: the
access scheme was designed to facilitate movemenu to and from Scholls
Ferry and 135th, and the City was part of the 130th construction
project which had proposed traffic controls designed to restrict
movements in the Summerlake neighborhood.
David Leland, Managing Director of the Leland Consulting Group,
reviewed the qualifications and experience of the firm in serving both
public and private clients. He said that they were asked to examine the
trade area zone graphics, analyze the pubfic need and look at the
availability of vacant commercial land that might accommodate this
grocery store.
Mr. Leland reviewed the specifics of their September 1495 submittal
that used three methods to anatyze the trade area to determine public
need. He reviewed objections raised by the opponenu regarding the
model they used and the size of the trade area. He said that they did
cut back on the size of the trade area, and conducted additional
analysis. He explained that the Riley gravity model referred to by the
opponents did not measure public need; therefore, they used the shared
space mode[ that did.
Mr. Leland noted the fast growing population in the area and its effect
on retait patronage. He stated that they used a very tonservative
I approach in ail of their analyses.
Mr. Leland reviewed the "four C's" of successfut retail: convenience,
cost, cleanliness and courtesy. He said that the 'reason why Portland
had small stores that remained profitable was because Porttand was
running out of land, and therefore competitors couldn't come in and
destroy the numbers.
Mr. Leland pointed out that the interest of several major grocery chains
in this area indicated a public need. He referenced a comparison of the
square footage of stores to poputation as studied within a two mile
radius in Tigard, and in the Cities of Eugene and Beaverton.
Mr. Leland reviewed the different analyses they did on the trade area.
Their conclusion was that this area would need another two stores by
1997 and a third by 1949 to serve this rapidty growing area
adequately.
Mr. Leland addressed the issue of the availability of space. He said that
the Comprehensive Plan stated that Tigard had a shortage of
commercial land. He pointed out the location of the remaining
commercial zones in both Tigard and Beaverton, and contended that
' none of them were large enough to accommodate a full service grocery
store by today's standards. Mr. Leland restated the points he made during his presentation,
CITY COUNCiL MEETING MINLITES - FEBRl1ARY 13, 1996 - PAGE 12
particu(arly emphasizing the need for more grocery stores in the area.
He stated that one could not necessarily conctude that there was no
public need simply because the two current stores were
underperforming.
Mr. Gordon stated that their proposal was consistent with the
applicable criteria for a Comprehensive Plan amendment, with past
decisions of the Council, with good land use planning, and with the
City's goals.
Mr. Gordon reviewed the evidence presented on the criteria of a
changed circumstances in the neighborhood or community. He
contended that the dramatic population growth that was in excess of
what had been anticipated in the Comprehensive Plan was evidence of
change in the neighborhood. He argued that the significant road
improvements made to Scholis Ferry and 135th since 1983 were
further evidence of changed circumstances.
Mr. Gordon reiterated that the traf~ic issues were carefutty evaluated by
both the City and County staff who were both convinced that this
project wauld not adversety impact the road system. He said that it
was the changes to the road system that led them to select this site for
the store.
Mr. Gordon said that the third changed circumstance was the worsening
of the shortage of commerciat land in rgard.
Mr. Gordon reviewed the arguments for the second criteria that the
proposal have no adverse impact on hea[th, safety and we[fare. He
stated that there have been no impact based concerns raised by staff or
other commenting agencies. He said that a member of their consulting
firm confirmed that with the Beaverton Mayor's office that the City of
~ Beaverton was not in fact opposing the rezone.
~
~ Mr. Gordon stated that the other issues raised by the opponents were
based on fear and speculation.
Mr. Gurdon addressed the concern raised at the hearing that this
approvat would turn Scholis Ferry into another strip commercial tike
99W or that it woald open the floodgates to other commercial rezones.
He stated that Scholis Ferry within the Cit,y was a[most compietely
developed and thus it couidn't be turned into a strip commercial. He
said that the Iocationat criteria that commercial be located at the
intersection of a major arterial precluded other locations on Scholis
Ferry.
Mr. Gordon said that the floodgates to commercial rezoning wouldn't be opened either because the inventory of the City's available tand
demonstrated that the land wasn't there to be rezoned. Also the
locational criteria for commercial land wouldn't at[ow development in
CITY COUNC[L MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 13
• •
an area that was already overly congested, • that Prectuded 94W.
Mr. Gordon stated that another criteria for commercial zoning was
being close to a transit route, which this site was. He said that neither
staff nor the opponents presented examples of land that was likely to
be rezoned commercial.
Mr. Gordon addressed another issue raised by the opponents: whether II,
or not there was sufficient market to support another grocery store.
He cited Mr. Leland's testimony on the issue and his tonclusion that there was sufficient demand for additionaf grocery stores in this area.
He stated that the opponents' assertion that the underperformance of
their stores indicated too many stores in the area was suggesting an
inappropriate use of the zoning process for economic protection.
Mr. Gordon submitted a letter from the local chapter of the United
Food 8z Commercial Workers in support of the proposal.
Mr. Gordon addressed the locational criteria for commercial rezones as
the next major issue. He stated that they complied with nine out of
the ten locational criteria. The only one with which they did not
comply was the criteria that said that general commercial shouid not be
surrounded by residential on more than two sides.
Mr. Gordon said that they derived their argument that the site is
surrounded by roads, not residential neighborhoods, by looking at a
Tigard zoning map. Examples he cited included Howard's, the
intersection of Hwy 99W and Durham Road, the intersection of Hwy
99W and Bull Mountain, and the intersection of Hall Blvd and Locust.
Mr. Gordon pointed out that the Comprehensive Plan specifrcally said
that the locational criteria were to be construed in a flexible manner in
conformance and vary with the degree of change and impact on the
community. He said that he thought they had demonstrated that this
was a site that would have minimal or no impact on the adjacent
community.
Mr. Gordon addressed the concern raised regarding community
commercial designation as opposed to general commercial. He stated
that their site met the criteria for general commercial in ways that the
Albertson's site had not. Their site was on a f~ve tane section of Scholls
Ferry, it was on a transit route, and the site was well separated from
the surrounding neighborhoods. He said that Albertson's pursued the
community commercial designation on the recommendation of the
Pianning Commission; however the Commission had specifically
recommended generat commercial for the proposed Haggen store.
Mr. Gordon reviewed how much more a Haggen store could provide to
the community under a general commercial zoning designation than
under a community commercial. They could integrate afl their uses into
CITY COUNCIL MEETING MINUTES - FEBRl1ARY 13, 1996 - PAGE 14
~ i
one building rather then separating them out into little shops because
more square footage was allowed.
Mr. Gordon addressed the concern that white the Haggen development
proposal might satisfy the rezone criteria and ptan requirements, the
other potentiaf vses in a general commercial zone might not. He said
that they were willing to accept a condition restricting the site to the
uses and/or site plan configuration that they have demonstrated met
the applicable criteria and was supported by the available public
facilities. He said that while the Planning Commission had not attached
any condit'rons to their recommendation, Washington County d6d attach
conditions on this specific configuration to their access approval.
Mr. Gordon asked that the Council not put them in a"catch 22"
position by saying that they would approve it if they could be assured
that the Haggen project would go through but not allow them to
provide the City with that assurance.
Mr. Gordon stated that the City has recognized that growth was here
and that they had to address it. However, the planning process did not
aiways project torrectly what growth might happen or where it might
happen. He contended that the plan amendment process was intended
to give the Council the flexibiiity to make changes as needed. He said
that things have changed significantfy in this community and that it was
appropriate to make this small change to the Comprehensive Plan.
Mr. Gordon argued that if the changes they have demonstrated
occurring in this area were not sufficient to justify a pfan amendment,
then the Council has set a standard that would be impossible to meet.
Mr. Gordon reiterated the conditions of the site that made it a good
location for this use. He asked the Councilors to consider where they
would put this store if not in this focation. He said that he thought
that the Council wouid be proud to have Haggen be part of the
commanity and asked the Council to approve the Pfanning
Commission's recommendation.
Mr. Monahan noted another item for the record: a letter from Ball
]anick 8t Novack addressing the criteria on behalf of the applicant.
Jeff [0einman, Attorney representing the Friends 8t Neighbors of
Scholls Ferry, asked for the opportunity to respond to the new
evidence presented by the appticant.
Mayor Nicoli asked for a ruling from the City Attorney on the request,
expressing concern that everyone get a fair opportunity to rebut any
new information. Mr. Ramis concurred that as long as they limited ,
their remarks to rebuttal of the new evidence and did not introduce
additional new evidence, it was allowable. He said that the applicant
should have an opportunity to respond to the opponents` remarks.
CITY COIINCII MEETING M1N[1TES - FEBRUARY 13, 1996 - PAGE 15
. ~ •
Robert Bernstein, 507 18th Ave, 5eattle, stated that he has not seen
Mr. Vandehey's rebuttal to his comments at the last hearing, and
therefore would not attempt to rebut the rebuttal. He stated that he
was standing by the accuracy of his report. He argued that the
assumptions made in the Leland report were anything but conservative
and that it had taken him 15 minutes to frgure that out.
Mr. Bernstein said that no analysis of the proposed atcess scheme for a
right-in, right-out on Schotls Ferry was present in the record; there was
only the letter from Washington County saying that it was approved.
He commented that the County's responsibility was to see to it that the
major arterials functioned proper[y. He said that even with a new
access onto Scholls Ferry, it was conceivable that the arterial might
continue to operate properly yet the local streets experience significant
changes in traffic. He said that they had no way of reviewing how
accurate the analysis was or determining what the impacts actually
were.
Ralph Anzelatti, Columbia Research Associates, stated that his company
did nothing but retaif site surveys for grocery stares in the northwest
and western states. He said that they had a very high accuracy rate.
He mentioned that the report submitted by Don Scott in answer to the
Leland study did not 'snclude Costco because the Leland survey had not
done so and Mr. Scott had wanted to keep his analysis consistent and
comparabte with the original Leland study. He said that the Leland
study did not include all the other competitor retail stores or
convenience stores in their analysis.
Mr. Anzelatti said that he had not seen the study done on the reduced trade area and could not do a comparable. He said that he could offer
some predictions based on his 15 years experience: if Haggen opened
here, another store in that general core area would close. He said he
thought there was room for three stores but not four.
Mr. Kleinman addressed the Comprehensive Plan issue. He said that in
order to justify an amendment to the plan map, an applicant had to
prove either a change in physicat circumstances since the original
designation or prove that the designation was a mistake made under the
original land use design.
Mr. Kieinman said that the applicant hasn't come close to satisfying
either criteria; rather they were changing the meanings of the terms.
He contended that a change in physical circumstances meant a change in
the uses near the proposed use, not growth or more traffic or market
needs. The uses have not changed.
Mr. Kleinman said that "mistake" meant a clerical error or a
misunderstanding of what was actually being done at the time of the
original plan development and adoption. The designation as multi-
family was not a mistake; the City of Tigard knew what it was doing.
C1TY COIiNCiL MEETING MINLITES - FEBRUARY 13, 1996 - PAGE 16
, . •
Mr. Kleinman said that even if they satisfied those two criteria, the
proposal still had to meet all the applicable plan polices: this did not.
H e argued, that compliance with the Comprehensive Plan was not
achievable because the appiicant has failed to take into account the
maximum development of the site as generai commercial, and merely
Iooked at applying the criteria to the Haggen store proposal. He cited
Policy 5.4 as an absolute ruie prohibiting the encroachment of
commercial or industrial development into residential areas that were
not atready designated commerciat or industrial.
Mr. Kleinman said that Policy 12.2.1(2) was the locationat criteria stating that commercial or industrial development could not be inserted
in any area where it was surrounded on more than two sides by
residential. He said that this location was surrounded on four sides by
residential. He contended that the areas cited as having a similar use
pattern reflected preexisting uses, not the insertion of commercial into
residential.
Mr. Kleinman mentioned the argument that the Comprehensive Pian
itself said that there was signiflcant growth and not enough 1and. He
contended that the Plan's designation of specific areas as commerciaf
was the method used to meet that need for more commercial
properties.
Mr. Kleinman pointed out that the responses cited from Beaverton
were only hearsay, as Beaverton submitted no documentation
supporting this proposal.
Mr. Kleinman said that there was no evidence that the same trade areas
were used in the traffic anaiysis as were used in the market analysis.
Mr. Kleinman mentioned the argument of future change. He said that
the applicant was saying that they should be taken care of today
because of changes anticipated in the future, such as the Scholls Ferry
Town Center in the Metro 2040 plan. He said that the town center in
that plan was located 600 feet away from this site in Beaverton. He
contended that the application was in conflict with Metro's plan
because it created a new shopping center designation only 600 feet
away from the one Metro wanted to create.
Mr. Kleinman summarized the applicant's arguments as "we have a neat
store, Tigard has grown and there's a Iot of traffic, so please amend
your Comprehensive Plan and approve the zone change." He said that
anyone who lived on a street that was widened could make similar
arguments for amending the plan; the precedent set would be
disastrous. He said that the periodic review process was the proper
piace to deal with the issue of whether or not the original Plan
contained enough commercial sites; it. could be looked at within the
context of the whole City, not in a piecemeal fashion.
CITY COUNCIL MEETING M1NL{TES - FEBRIlARY 13, 1996 - PAGE 17
. • • ~
. i
~ Mr. Gordon stated that the opponents did not rebut the new evidence ~I
; but merety reiterated their arguments made at the last hearing.
! Mr. Vandehey cited their letter as documenting the consecvatism of ,
~ their anatysis. He said that both the County and the City required I
, them to do an anaiysis of both the right-in, right-out access scheme and
the initiat access scheme that proposed full access to Scholls Ferry. He
1 said that they ended up with a compromise of a right-out and left-in ~ that was based on the Coun t y's review, not t he rig h t-in, rig h t-ou t M r.
~ Bernstein cited.
~ ~
Mr: Gordon said that Mr. Anzefatti did not raise any new facts. He
sard that the Letand study atlowed for the convenience stores and other
stores like Costco by using conservative numben on grocery spending
(7596 of what was actualiy spent on groceries).
Mr. Gordon contended that Mr. Kleinman ated no authority
~ supporting his interpretation of a change in physical circumstances or a
mistake in the Plan. He said that under Mr. IQeinman's interpretation,
the criteria coutd never be met. He asked if the periodic review process
was the only place to took at Comprehensive Ptan amendments, then
why did ihey a11ow quasi judicial Comprehensive Plan changes requests.
He reiterated that they have met the aiteria see out in the Code.
s
;
c. Staff Recommendation
Mr.tValone recommended denial of CP 95-0003 and ZC 95-0005
based on the findings and wnclusions in the staff report.
i d. Council Questions
~ Mayor Nicoli asked for darification on the locations of the proposed
Albertson's and Fred Meyer's stores in relation to the proposed Haggen
( store. Mr. Valone indicated the locations on the aerial map. Mr.
Hendryx stated that the Beaverton staff told him that the Fred Meyer
; request for the PGE site was withdrawn for consideradon for a plan
4 amendment in Beaverton.
~ Councilor Hunt asked if the factor of market competition was
; • something that the Council had the tegal authority to consider in its
deliberations. Mr. Ramis said no. Though it was an interesting
controverry, it was not directfy relevant to the criteria.
Councilor Rohlf asked the applicant to address the issue of the loss of
multi famity housing needed in a fast growing City if this proposed use
" went in.
~ Mr. Gordon said that there was no doubt that multi family housing
. would be lost due to this proposai, but stated that the loss of this
amount of acreage woufd not affect Tigard's ability to meet the 10
CITY COIiNClL MEETING MINLITES - FEBRLlARY 13, 1996 - PAGE 18
1 .
. . • • .
units per acre housing rule set by Metro.
Mr. Valone concurred that they would lose the housing opportunity but
that they would still be above 10 units per acre.
Councilor Scheckla commented that in 1983, the thought had been to
put apartments in that area because of the close proximity to an
elementary school. He said that putting in a commercial development
woutd disptace those people; they would have to drive farther to the
schooLs. He asked where else would they move the density in the City
of Tigard.
Mr. Monahan commented that the property was in the Beaverton
School District, not the Tigard District.
Mr. Hendryx said that he couldn't really answer where the units might
be displaced to. He noted that this project would not affect their
housing mix.
Councilor Scheckla commented that the City was prepared to accept the
zoning the way it was. He asked why they would want to jeopardize
meeting their housing goal by displacing these apartments. He asked
Mr. Ramis to explain the "mistake" issue.
Mr. Ramis said that the issue of mistake was one of interpretation
under the Code. He said that it was ultimately up to the Council how
they applied the standard, and that courts granted deference to
jurisdictions in interpreting their own codes.
Countilor Scheckla stated that in 1983 he had been part of the
Comprehensive Plan process and that he did not think that a mistake
had been made.
Mr. Valone pointed out that the Plan said "a mistake was made in the
original land use designation." Since this site annexed into the City in
1987 and zoned R-25, the mistake would have had to occur in 1987,
not 1983.
Mayor Nicoli asked Mr. Hendryx if he remembered any discussions
between Beaverton and Tigard on how much commercial development
should be allowed on Scholls Ferry, citing Mr. Hendryx's tenure with
the City of Beaverton. Mr. Hendryx said that Beaverton had a clear
policy about limiting commercial development along major arterials.
He said that the two Planning Commissions had met in the (ate 1980s
to discuss a mutual concern about limiting strip development along
Scho!!s Ferry. He said that Tigard did not have a similar criteria other
than the Iocational standards in the Code.
Mayor Nicoli asked if both the cities followed the general direction set
out during those discussions or gone off in completely different
CITY COllNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 19
, . • •
directions. He asked if Tigard did not provide for as much commercial
property as had been originally intended.
Mr. Hendryx said that he did not believe a decision not to allow as
rnuch commercial development as the market would bear was ever
discussed. There was never an agreement on how much development
shouid occur or where it shoutd occur. The general concern had been
to avoid turning Schofls Ferry into another strip commerciaf road like
TV Highway or 99W.
Councilor Scheckla presented aFebruary 8 newspaper article.
Mayor Nicoli asked Mr. Ramis if Councitor Scheckla could introduce
evidence into the record. Mr. Ramis said that Councilors introducing
evidence into the record was very unusual; typically only the parties
introduced evidence which the Council made judgments on. He said
that it could be done but that both the applicant and the opponent
would have to be allowed an opportunity to respond to the new
evidence. Councilor Scheckla withdrew the article. He commented that the
Albertson's in Sherwood opened last September and that last weekend
the Food Pavilion went out of business. He said that he had heard the
argument made here that there wasn't enough market to go around;
somebody would not survive. He commented that the population all
over Washington County was increasing by 20% or more.
e. Close Public Hearing
Mayor Nicoli closed the public hearing.
Mayor Nicoli recessed the meeting at 9:25 p.m. for a 5 minute break.
Mayor Nicoti reconvened the meeting at 9:37 p.m.
f. Council consideration:
Councilor Hunt commented that much of the material brought up to
the Council by people went unread because they couldn't boih read it
and listen to the presentation at the same time. He stated that he
thought that much of the testimony presented had been irrelevant to
the decision on a zone change.
Counci[or Hunt agreed that the Council has allowed commercial
development in an area with residentiai on three sides of the store,
citing the 99W and Durham Road intersection. He said that the market
economics of who survived and who didn't were not for the Council to
° decide. He said that he was not convinced whether apartmenu or
stores would generate the most traffic, having seen too many instances
when opposing sides used the same numbers to reach opposite
CiTY COUNCIL MEETING MiNL1TES - FEBRUARY 13, 1996 - PAGE 20
s •
conciusions.
Councilor Hunt said that one thing that bothered him about this zone
change was the inability to control the potential development in the
future, shouid Haggen's go out of business. They had to zone it
commercial; they couldn't zone it for a grocery store.
Councilor Hunt said that the second thing that bothered him about this
was a previous incident in which high density residential was moved to
Bull Mountain from the intersection on 99W and Durham (Albertson`s
store); this has resulted in nothing but trouble on Bull Mountain. He
said that the only way he could support this apptication was if a
tocation was found for the high density before the application was
approved.
Councilor Hunt stated that they knew from the Metro 2040 plan that
they were going to have to increase their density. He asked why they
should rezone high density now when they would have to find more if
Metro insisted on more high density.
Councilor Hunt said that he was extremely impressed with the Haggen
store and hoped that they could find another area in town to locate it.
However he could not take away the City's current high density,
knowing that they would probably have to find more high density in
the nearfuture.
Councilor Scheckla concurred with Councilor Hunt's comments that the
density had to be addressed; if it wasn't located at this site, then it had
to be located somewhere else which probably meant another rezone.
This site was already approved for high density, met the Metro 2040
plan, and was close to schools. He agreed that Haggen's was a good
store.
Councilor Rohlf concurred with the other Councilors' comments. He
said that he would like to see a Haggen's in town and suggested the
Tigard Triangle area. He said that if this was a decision between tetting
Haggen's in and fostering Howard's, it would be a tough decision. But
it was a[and use decision and he was not convinced that a mistake was
made in zoning that land mutti famity.
Mayor Nicoii said that his concerns were similar to those of the other
Councilors. He complimented Mr. Haggen on his application and
support personnel. He stated that he had a hard time accepting growth
as justification of a zone change. He said that he did not think that the
Council was here to justify who stayed in business or went out of
business; they had too many other good criteria to consider. He said
that he was impressed with the Haggen store and hoped that they could
find another location within Tigard or an adjacent jurisdiction.
CITY COUNCIL MEETING MIId[lTES - FEBRUARY 13, 1996 - PAGE 21
. • •
MOTtON by Councilor Hunt, SECONDED by Councilor Scheckla, to
deny the application.
The rnotion was approved by a unanimous vote of Council present.
(Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.")
6. PtIBLIC HEAItiNG (QlIASI-]l1DfCIAL) - COMPREHENSIYE PIAN
AMENDMENT AND ZONE CHANGE CPA 95-0005/ZON 95-0007 -
PACIFIC CREST/PROVIDENCE
A request to amend the Comprehensive Pfan map on Parcels 1 and 3 of MLP
94-0013, located on the southwest corner of Sthotls Ferry Road and North
Dakota, from Commercial Professional to Neighborhood Commercial and
change the zoning from C-P to C-N; and to amend the Comprehensive Plan
map on the property located on the southeast corner of Scholts Ferry Road
and North Dakota from Neighborhood Commercial to Commercial
Professional and change the zoning from C-N to C-P. I.ocation: Southwest
and southeast corners of Schoils Ferry Road and North Dakota. Applicable
Review Criteria: Comprehensive Plan policies 1.1.2 (2) 2.1.1, 5.4, 8.1.1,
12.2.1 { 1) and 12.2.1( 3); Community Development Code Chapters 18.22
and 18.32; and Oregon Administrative Rules Chapter 660 D'nrision 12.
Zone: C-N (Neighborhood Commercial) allows for several uses including
convenience sales and personal services, food and beverage sales, medical and
dental services and professional and administrative services. C-P
(Professionall Administrative Office) allows for business support services,
communication services, medical and dental services, personai services,
~ convenience sales and services and limited eating and drinking establishments.
~ Mayor Nicoii read the hearing titfe. He noted that the Council has already
taken previous action on this and that tonight was only to review the findings
to finalize the Council action.
a. Staff llpdate: Community Development Department
I
Mr. Vatone stated that on January 23, the Council did approve the land
, zone designation swap proposed by Pacific Crest and Providence Health
Systems. He said that the ordinance and final order prepared at Council
direction were in the council packet. He recommended adoption of
those documents.
b. Council Consideration: 4rdinance No. 96-4
MOT10N by Councitor Hunt, SECONDED by Councilor Scheckla, to
adopt Ordinance No. 96-04.
Ord No. 96-04. an ordinance adopting findings and conclusions to
approve a Tgard Comprehensive Plan amendment and zone change
requested by Pacific Crest Partners and Providence Health Systems,
CPA 95-0005/ZON 95-0007.
CITY COIiNCIL MEETfNG MiNUTES - FEBRUARY 13,1996 - PAGE 22
. • •
Mayor Nicoli noted that at the last meeting Councilor Rohlf had
withdrawn from participating in this action, and that Councilor Moore
did not participate either.
The motion was approved by a unanimous vote of the three Councilors
taking part. (dNayor Nicoli and Councilors Hunt and Scheckla voted
"yes." )
7. PilBUC HEARING (QIIASI-JIIDICIAL) - ZONE CHANGE ANNEXATION
(ZCA) 95-0008 CLARKE
A request to annex two parcels of 2.14 acres into the City and change the
zoning from Washington County R-6 to City of Tigard R-7. Location: South
of S. W. Fern Street just west of S.W. 135th Avenue. The rwo parcels are
separated by two other properties. Applicable Review Criteria: The relevant
review criteria in this case are Comprehensive Plan Policies 2.1.1 - Citizen
lnvolvement; 10.1.1 - Service Delivery Capacity; 10.1.2 - Boundary Criteria;
and 101.3 - Zoning Designation. Also Community Development Code
Chapters 18.136 - Annexation Requirements; and 18.138 - Land
Classification of Annexed Territory. Zone: Presently Washington County R-
6.
a. Open Public Hearing
Mayor Nicoli read the hearing title and opened the public hearing.
b. Declarations or Challenges
No Councilors reported any ex parte contact or site visits. They all
indicated that they had familiarized themselves with the application.
There were no challenges.
c. Staff Report: Community Development Department
Mr. Valone presented the staff report. He reviewed on the map the
location of the two parcets under consideration for annexation. He said
that the west parcel had a single family residence occupied by the
owners while the east parcel was a vacant lot. The owners were
requesting annexation by a double majority method to connect to the
sanitary sewer service.
Mr. Valone stated that the annexation request did comply with all
applicabte City policies and Boundary Commission requirements. The
parcel would be designated Tigard R-7 with the same density per lot as
its current designation of Washington County R-6. He said that there
were adeyuate faciiities available to service the lot and that all
appropriate parties were noticed. He recommended that the Council
adopt the resolution and forward the request to the Boundary
, Commission.
C1TY COUNCIL MEETING MINUTES - FEBRLlARY 13, 1996 - PAGE 23
. • •
d. Public Testimony
- Applicant
]eff Hunt, 3855 A Drive, Hood River, stated that he was an Associate
Planner with Hood River County but that he was here on behalf of his
' father-in-law, John Clarke. 6ie thanked Mr. Valone and the staff for
their help regarding the proposal. He said that they had no problems
with the staff report and urged the Council to accept the staff
recommendation. - Proponents - none
- Opponents - none
e. Staff Recommendation
Mr. Valone recommended that the Council forward the initiation to the
Boundary Commission.
f. Council Questions - none
g. Close Public Hearing
Mayor Nicoli closed the public hearing.
h. Council Consideration: Resolution No. 96-07
Ordinance No. 96- 05
MOT10N b Councilor R
y ohlf, SECONDED by Councilor Hunt, to
adopt Resolution No. 96-07.
Resolution No. 96-07, a resolution initiating annexation to the City of
Tigard of the territories described in Exhibit A, and illustrated in
Exhibit B, ZCA 95-0008.
The motion was approved by a unanimous vote of Council present.
(Mayor Nicoli and Councilors Hunt, Rohif, Moore and Scheckta voted
"yes'
MOTION by Councilor Rohlf, SECONDED by Councilor Hunt, to
adopt Ordinance No. 96-05.
Ordinance 96-05, an ordinance adopting findings and conclusions to
approve a zone change and declaring an effective date, ZCA 95-0008.
The motion was approved by a unanimous vote of Council present.
(Mayor Nicoli and Councilors Hunt, Rohif, Moore and Scheckla voted
"yes
C1TY CO[1NCIL MEETING M1Nl]TES - FEBRl1ARY 13, 1996 - PAGE 24
' • ~
, I
~
8. PIIBLIC HEA.RING (Ql1AS1-]llD1CLA1) SITE DEVELOPMETIT REl/lEW I
(SDR) 95-00191PLANNED DEYELfJPMENT REVIEW (PDR) 95-
00081MiNOR LAND PARTI770AI (ML) 95-0012 - FUTLiRE
SNOPlCHRISTENSEN
City Council "Call-up" for review of the following development applications:
1. Site Development Review approvai to ailow the construction of a
; 40,000 square foot "future shop" general retail buiiding and a 9,550
; square foot generai retail build'sng;
2. Pfanned Development Review;
3. Minor Land Partition approvai to partition one parcel of approximately
4.99 acres into two parcels of approximately 4.27 and .72 acres;
Location: East side of S.W. Dartmouth Street, south of S.W. Pacific Highway.
(WCTM 1Si 36CD, Tax Lot 2000). Zone: General Commercial (C-G). The
General Commerciai zone allows public agency and administracive services,
pubiic support facilities, professional and administrative services, financia(,
insurance, and real estaie services, business sUpport services, general retail
sales, eating and drinking estabiishmenu, among other uses. Applicable
Review Criteria: Community Development Code Section 18.62, 18.80,
18,100, 18.102, 18.106., 18':108, 18.114, 18.116, 18.120, 18.162 and
18.164.
a. Open Public Hearing
Mayor Nicoli read the hearing title and opened the public hearing.
~ b. Declarations or Challenges
~ No Councilors reported any ex parte contact or site visits. They a11
indicated that they had familiarized themselves with the application.
There were no chalienges.
; Countiior Moore commented that he had reviewed this issue at the
Planning Commission but that this was before tfie Councii on a
different issue, and therefore he would participate in the hearing.
c. Staff Reporc:
Mr. Hendryx presented the staff report. He reviewed the specifics of
the application, noting the building profiles and site plan. He said that
the minor tand partition was to separate out Pad "A." He reported
that tfie applicanc has received the Division of State Lands (DSL)
permiu reyuired to do work within the wet(ands with mitigation
offsice. He said tfiac the appiicant was providing additional right of way
on Dartmouth, a half street dedication for the futnre street Aclanta on
the north side of the parcet to access Dartmouth, and access for the
property on the norch to access Dartmouth. .
Mr. Hendryx noted that notices were mailed out but that the notice
run in the Tigard Times did not meet che sundard notice requiremencs.
C1TY COLINCIL MEETING M1NllTES - FEBRUARY 13, 1996 - PAGE 25
. . ~ •
d. Public Testimony
- Applicant
Sake Reindersma, MPR Architects, 9150 SW Pioneer Court,
WiLsonviile, representing Future Shop, reviewed the elevations of the
building to be built in the Tigard Triangle. He noted the color scheme
and landscaping on the site. He pointed out that the 12 foot grade
along the back zone set the building down lower.
Mayor Nicoli asked if the applicant has discussed with Act III atlowing
access for the half street dedication that otherwise deadended at the
Act 111 property.
Ed Christensen, Christ,ensee Engineering Team, Tigard, stated that they
have talked with all the adjacent property owners. He said that he had
talked with former City Engineer Wooley about any conditions on the
Act 111 proposal that might reqaire them to continue Atlanta Street but
they have not been able to find any. He said that he understood from
staff that if any plans came in for site development review, some kind
of connectivity would be required to improve the street to the Act 111
site. He pointed out that to continue Atlanta Street, they would have
to cross Red Rock Creek at a very pristine point.
Mayor Nicoli asked if at this time they would be doing a curved
sidewalk and a half street improvement. Mr. Christensen said that
when Burgervilte developed, they intended to work with the other
property owners to develop an LID to construct Atlanta Street to
provide access through the Future Shop site to Dartmouth. He said
that presentfy there was no interest on the part of the other property
owners to construct Atfanta Street, which was why they were waiting
on the Burgerville deve{opment.
ln response to questions from Councilor Scheckia, Mr. Christensen
described the location and surrounding property owners.
Councilor Rohlf asked how Burgerville had access to the property. Mr.
Christensen said that they would have a right in right out access off of
Dartmouth. He noted that when Dartmouth was fully approved there
woutd be a median strip there that would prevent left hand turns for
both Costco and Burgerville. He said that Burgerville was trying to get
a right in off of Hwy 99. He said that Burgerville's conditions of
approval stated that they could have a temporary driveway off of
Dartmouth until the other access (the one in this application) was
developed.
Mayor Nicoli asked if Burgervitle would get access through the Future
Shop site. Mr. Reindersma said yes, they had actess through a
reciprocal easement.
C1TY COl1NCll MEETING MINIITES - FEBRLlARY 13, 1996 - PAGE 26
. . ~ •
In response to a concern raised by Councilor Rohlf, Mr. Reindersma
said that the access through the Future Shop property from Burgerville
was fairly clean with few traffic movements. Mr. Christensen explained
that though Burgerville did indicate some objections to the site layout,
they have not stated any objections formally because they understood
that the current eonfiguration for the buiiding was the only one
possible on the site, and they did not believe that their objecsion was
strenuous enough to stop the development completely. He reviewed
one of the accesses that they considered but discarded because the
grade was too steep.
Councilor Scheckla asked who would alleviate the traffic problems on
the easement that went through both ways. Mr. Christensen stated
that they did not expect any problems because they had a full 24 foot
driveway and the traffic volume was very low. He said that even
' Burgervilte didn't have that high a trafftc volume and reviewed the path
their traffic would travel from Hwy 99 to Dartmouth to Hwy 99.
Counciior Rohlf asked if the design for this layout included overlay
concerns that the Councit had for the Tri-County Center with respect to
the Tigard Triangle. Mr. Christensen said that they have discussed with
Future Shop a number of the items coming up and that they were aware
of the traffic problems occurring in the Triangle.
Councilor Rohlf commented that the Council's concern centered on the
overall appearance of the hillside. He said that they did not want to see
it turned into "a bunch of big boxes surrounded by concrete and
asphalt." He noted that the design of the Tri-County Center had been
sensitive to that concern and had made an effort to find a good
' compromise between preserving the natural features and providing
adequate retail possibilities.
Mr. Christensen cited the work they have done with USA, DSL and
ODFBZW in designing Pad "A" to sit on columns with wetland
vegetation underneath it. He pointed out that out of 40,000 square
feet of wetland, the project impacted onty 7960 square feet of wetland.
He said that they have worked hard with IISA to design a buffer that
, they could sign off on, and that they were mitigating some of that
buffer offsite. He explained that the site had very few trees on it, and
they atl were on the border where Atlanta Street needed to go. He said
that they were replacing the trees with a reciprocal amount of onsite
vegetation and wetland enhancement.
- Proponents
Gordon Martin, 12265 S.W. 72nd Avenue, Tigard, 97223, of the
development to the south of Future Shop, welcomed them to the
neighborhood. He said that he understood from the project engineer
that they have been apprised of the traffic situation. He commented on
the need for LIDs to take care of the traffic problems and welcomed
their participation in them.
CITY COlINC1L MEETING M1Nl1TES - FEBRl1ARY 13, 1996 - PAGE 27
. . ~
- Opponents - None
e. Staff Recommendation
Mr. Hendryx recommended approval of the project as conditioned by
the Planning Commission.
f. Council Questions
Councilor Rohlf asked why the staff report contained a number of
statemenu justifying denial of the application. Mr. Hendryx explained
that those statements dealt with concerns over wetlands and the DSL
approval of the plans originally submitted by the applicant. When the
applicant provided proof of DSL approval at the Planning Commission
hearing, staff changed iu recommendation to approval.
g. Close Public Hearing
Mayor Nicoli cfosed the public hearing.
h. Council Consideration: Do the approved plans compfy with Community
Development Code.
MOT10N by Councilor Hunt, SECONDED by Councilor Rohif, to
approve the application.
The motion was approved by a•unanimous roll call vote of Council
present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and
Scheckla voted "yes.")
9. ORDINANCE CONSiDERATION - AMENDMENT TO TIGARD MLNICIPAL
CODE CHAPTER 7.40, Ntl1SANCES - AMENDING ARTICI.E IV TO
REGIILATE NOISE LEVELS
This proposed amendment would provide for better regufation of noise in
residential areas. When issuing a permit for an event which would exceed
permissibte noise levels, the City Administrator would have the ability to set a
limit on the amount of noise created by the event and to impose other
conditions on the issuance of a permit.
a. Staff Report: Police Department
Police Chief Goodpaster presented the staff report. He explained that
these changes to the noise ordinance would enable police to revoke
permits issued by the City if the noise exceeded the top noise limits set
by this amendment.
b. Council Questions 8z Discussion
Mayor Nicoli asked how this ordinance would affect community events .
such as a street dance or concerts at Cook Park. Chief Goodpaster
stated that there was enough discretion in the ordinance to handle
CITY COl1NCIL MEETING M1NllTES - FEBRLIARY 13, 1996 - PAGE 28
. . • •
public events. He noted that public events normally did not engender
the same type of comptaints as a private event did. He stated that he
checked on this issue with the City Attorney and did not foresee
probiems with it in the future.
Councilor Scheckla asked how this ordinance woutd affect the hot air
bailoon event. Chiefi Goodpaster stated that they discussed many
public events, inclading the hot air baltoons. He said that in talking
with the City Attorney, he found that there was still discretion built
into the ordinance.
Mr. Ramis stated that the ordinance did provide some flexibility and
some room for judgement. He said that if a use became so loud and
obnoxious to the public that it required regulation, the City woutd have
the ability to revoke the permit.
c. Council Consideration - Ordinance No. 96-06
MOT10N by Councilor Rohlf, SECONDED by Councilor Hunt, to
adopt Ordinance 96-06. ~
Ordinance 96-06, an ordinance amending chapter 7.40, nuisances, of
the Tigard Municipa! Code by amending Article 4, Nuisances and
Affecting the Pubtic Peace.
The motion was approved by a unanimous roll call vote of Council
present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and
Scheckla voted "yes.")
10. ORDINANCE CONSIDERATION - AMENDMENT TO TIGARD MllNICIPAL
CODE CHAP'TER 2.30 (SECTIONS 2.30.060 AND 2.30.070)
A'IITHORIZING fNVENTORY OF THE CONTEWTS OF ARRESTED PERSONS
AND IMPOLINDED VEHICLES.
a. Staff Report: Police Department
Police Chief Goodpaster presented the staff report. He expiained that a
recent court decision made it necessary for the police department to get
legislative authority to conduct inventory of the persons and property
arrested as well as of vehicles impounded. He said that this was done
for several reasons, including safety, safeguarding, and liability
concerns.
Chief Goodpaster reviewed the specifics of the ordinance that set
guidetines for the process already in place (see agenda packet), pointing
out the memo from the City Attorney's office revising language in the
Code regarding inventorying prisoner's property and impounding
vehicles.
C1TY COl]NCIL MEETING MINLITES - FEBRUARY 13, 1996 - PAGE 29
I
i
b. Council Questions 8z Discussion I
I
Councilor Rohif asked for an explanation on why they needed to I
declare an emergency in order to enact this ordinance. Chief
Goodpaster explained that every day they did not have this ordinance
in place increased the City's potential liability. Mr. Ramis supported
the Chief's reasoning.
c. Council Consideration - Ordinance No. 96-07
MOT10N by Councilor Hunt, SECONDED by Councilor Rohlf, to
adopt Ordinance 96-07.
Ordinance 96-07, an ordinance amending chapter 2.30 of the Tigard
Municipal Code by adopting sections 2.30.060 and 2.30.070,
authorizing inventory of the content of arrested persons and impounded
vehicles and declaring an emergency.
The motion was approved by a unanimous roll call vote of Council
present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and
Scheckla voted "yes.")
11. LOCAL CONTRACT REVIEW BOARD - CONSIDER CITY HALL ROOF
PROPOSAL
a. Staff Report: Maintenance Services Department
b. Council Questions 8z Discussion
c. Council Consideration: Motion to authorize the City Administrator to
enter into an agreement with Richard Raglan for research, analysis and
preliminary design (Phase 1) of the City Hall roof projett in the
amount of $2,310.
Mayor Nicoli noted that the Council has already acted on this item. He said
that they wouid meet with the architect at a future council session.
12. NON-AGENDA 1TEMS
a. Resolution - State of Emergency as result of storm last week (Monahan
reviewed)
Mr. Monahan explained that it was necessary to declare a state of emergency
for both the private property owners and the City, as wetl as the water
district area, to be eligible for financial assistance from FEMA, the State and
the County. He said that staff believed there would be significant damage to
Cook Park once the water went down.
Councilor Hunt pointed out that the City did not own 100% of the water
lines and reservoirs and asked if they could still get reimbursement for
eamage. Mr. Monahan explained that they could do so because they had the
CITY COlINC1L MEETING MINCITES - FEBRLIARY 13, 1996 - PAGE 30
. • . •
agreement of the other partnen. He said that the other three entities should
also pass a similar resolution.
MOTTON by Councitor Hunt, SECONDED by Councilor Rohif, to adopt
Resolution 96-08.
Resolution 96-08, a resolution of the Tigard City Council dedaring a state of ~
emergency as a result of the 2/6l96 storm. „
The modon was approved by a cananimous vote of Councit present. (Mayor
Nicoli and Coundiors Hunt, Rohlf, Moore and Scheckfa voted "yes.") ~
b. Washington County Parks Advisory Committee s~
Mayor Nieoli noted that Coundi had informaity aaed on the request
concerning coordination with the Washingtun County Parks Adviwry
Committee and that Mr. Hendryx had already received direction to reword the letter. Staff could bring the revised Ietter back next week for Coundl
review.
13. EXECIITIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), e[ (b) tu disaus
labor relations, rea! property transactions, current and pending litigation ~
issues. As you are aware, a!l discussions within this session are confidendal;
therefore nothing from this meeting may be disdosed by ihose present. Representatives of the news media are allowed to attend this session, but
must not disclose any information discussed during this session. •
14. ADJOllR2IMENT: 10:39 p.m.
C~,-~-~
Attest: therine Wheatiey, City Record
/ z
,
~or, Ciry oi Ttgard Date: ccm0213.96
GfTY COLINCIL MEETITIC MINUTES - FEBRtIARY 13, 1996 - PAGE 31
• CITY OF TIGARD, OREGON •
ORDINANCE NO. 96-C-J5
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND
DECLARING AN EFFECTIVE DATE (ZCA 95-0008).
WHEREAS, the Tigard City Council held a public hearing on February 13, 1996, to consider a zoning
designation for two parcels of fand located along SW Fern Street west of SW 135th Avenue; and
WHEREAS, on February 13, 1996, the Tigard City Council approved a resolution forwarding the
proposed annexation to the Portland Metropo{itan 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 properties shall be designated as follows:
Tax Map. LotNumber Current Land Use New Land Use
2S1 46D, lots 2100 Wash. Co. R-6 Medium Density Residential
' and 2102
Current Zoning New Zonin4
Wash. Co. R-6 Tigard R-7
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 1996. ~Gatherine Wheatley, City Recorder (J
APPROVED: By Tigard City Council this 0'lay of 1996.
Ja cofi, M yor
Ap,proved form: _
Cit~ r~
Attorney
D tae
ORDINANCE No. 96 nS'
Page 1
Y
. CITY OF TIGARD, OREGON •
RESOLUTION NO. 96-07
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS
DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN-EXHIBIT B(ZCA 95-0008).
WHEREAS, the Tigard City Council held a hearing on February 13, 1996, to consider the annexation of
two parcels consisting of 2.14 acres located along SW Fern Street west of SW 135th 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 Bou ary Commission at once.
PASSED: This )3~1 day ofr-~-~ ? UI, !i Z1996.
r - City of Tigard
ATTEST:
i
~CLTL"l~ 1. i rL-t' City Recorder - City of Tigard ~ Certified to be e True Copy af
Original on file 'F 774114 W
,
Date By. .2~
gfCity e~~~ City of T' ard
~
Date: /IRESOLUTION NO. 96- C ~
Page 1
• • EXHIBIT A
STAFF REPORT
February 13, 1996
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
A. FACTS
1. Generallnformation
CASE: Zone Change Annexation 95-0008
REQUEST: To annex two parcels of 2.14 acres of unincorporated
Washington County fand to the City of Tigard and to change
the comprehensive plan and zone from Washington County
R-6 to City of Tigard Medium Density ResidentiaUR-7.
APPLICANT: John Clarke
P.O. Box 412
Government Camp, OR 97028
OWNERS: Marco & Sally Benetti
13650 SW Fern Street
Tigard, OR 97223
LOCATION: South of SW Fern Street and west of SW 135th Avenue -
WCTM 2S1 46D, lots 2100 and 2102 (Exhibit B, vicinity map).
2. Vicini Information
Properties to the north, east and south are in Washington County and zoned
R-6. Property to the west is in the city and zoned R-7. These parcels have single
family residences on them.
3. Background Information
' The applicant approached the city with a request to annex the property. No
previous applications have been reviewed by the city relating to this property.
1
~ . i •
4. Site Information and Proposal Description
The two parcels front SW Fern Street. The parcel to the west has a single family
house that is occupied by the owners of both lots. This parcel slopes from south to
north/northwest, varying from about a 7% to 22% grade. There is a wooded area
on the northern half of the property. The parcel to the west is vacant. It slopes
from southwest to northeasX at a 10% grade and has a heavily wooded area.
The applicant requests that the two parcels, consisting of 2.14 acres, 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 (100%) of
the area proposed to be annexed, the owners have initiated this action through
their written consent. The applicant intends to partition the property after
annexation to the city. Staff has included the portion of SW Fern Street adjacent
to the two properties as part of the annexation proposal.
5. Aaency Comments
The Engineering Division, Tigard Police and Water departments, Unified
Sewerage Agency, Tualatin Valley Fire and Rescue District, PGE and GTE
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 West 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 and TVF&R have reviewed the proposal and indicate that
adequate services are available and may be extended to accommodate the
affected property.
2
~ • •
3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the
proposal will not create a boundary irregularity in this area; the Police
Department has been notified of this request and has no objection; the
affected land is located within the city's urban planning area and is
contiguous to the city boundary; and adequate services are available to
accommodate the property.
Staff has determined that the proposal is consistent with the relevant portions of
the community development code based on the following findings:
1. Code Section 18.136.030, requiring approval standards for annexation
proposals, is satisfied because:
a. Service providers have indicated that adequate facilities and services
are available and have sufficient capacity to serve the affected site.
b. Applicable comprehensive plan policies and code provisions have
been reviewed and satisfied.
c. The zoning designation of R-7 most closely conforms to the county
designation of R-6 while implementing the city's comprehensive plan
designation of Medium Density Residential.
d. The determination that the affected properties are an established
area is based on the standards in Chapter 18.138 of the code.
2. Code Section 18.138, providing standards for the classification of annexed
~ land, is satisfied because the affected property meets the definition of an
established area and shall be so designated 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 95-0008.
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C_ity of Tigard Planning Department ~
• ~ •
AGENDA ITEM #
For Agenda of February 13. 1996
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone Change Annexation ZCA 95-0008
~
PREPARED BY: Ray Valone DEPT HEAD OK ~ l~~`-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 two parcels consisting of 2.14 acres located at the
eastern end of SW Fern Street west of SW 135th Avenue?
STAFF RECOMMENDATION
Adopt the attached resolution and ordinance to forward the annexation request to the Boundary
Commission and to assign comprehensive plan and zone designations to the property in conformance
with the city comprehensive plan.
, INFORMATION SUMMARY
The proposed annexation consists of territory comprised of two parcels of land, totaling 2.14 acres,
which is contiguous to the City of Tigard. The applicant requests annexation in order to partition the
property. Attached is a resolution initiating annexation and an ordinance to change the comprehensive
plan and zone designations from Washington County R-6 to Tigard Medium Density Residential, R-7.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
FISCAL NOTES
Since the territory is not within the city's active planning area, the applicant is responsible for the
Boundary Commission application fee of $605.
• . ~ ' ' t
~ ~ . . - CITY OF TIGARD, OREGON , • . : ~ .
RESOLUTION NO. 96-_
.
, A RESOLUTION ~INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS
DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 95-0008).
WHEREAS, the Tigard City. Council heid a hearing on February 13, 1996, to consider the annexation of
two parcels consisting of 2.14 acres located along SW Fem Street west of SW 135th Avenue; and
, • • . . • - _ . . . ~ .
. -..r. . _ .
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'.'. -7
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. andjhe.Washington Counfy,Vector Contro l District would;:by operation~of ORS.199.510, be
automatically:withdrawri from-those:districts irrimediately.upon.completion of the annexation:
~ . ..._.t _ r... :3___.. _ . 'r•. . . . T.... ~ . _ . _ . . . . . . : . .
. . . . . . . ~ . . .
NOW, THEREFORE,- BE IT RESOLVED~by the,Tgard.City . Council that: -
Section 1: Tlie_Ci_ty Council,, pursuant to ORS 199.490(2)(a)(B),~ hereby initiates proceedings
_ for-_annexation= to the City of Tgard of the, teRitory .described in Exhibit A and ~ -
. _ . - illustrated in Exhibit B._ Y ' • . ~ ~ . ~ . . .
Section 2: .The-City. Council. hereby approves the Proposed annexation and requests that the . .
_ Portland Metropolitan-Area Local,Govemment Boundary Commission-approve the .
- - - - - . , . .
.~proposal'and effect it as soon as possible.'~~_
Section eYCit~.Recordec is hereby~ directed to fle certifiecopies ~of the.resolution with ~ . ~
the Portland Metropolitan Area Local Govemment Boundary Commission at once.
. ~ PASSED: 'This ° day'of : . . ,.~1996. . . : : . . . . _ ~ . . . . . , . , .
,
. - - . _ - - . - Mayor City ofTigard. _ , . . , . .
. ~ ATfEST:.
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CRecorder
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_ ' " " _ _ ' " ' ^,]Yh' ' . _ ' •
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RESOL'UTION~NOk96="`-_.r.
Page
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• • EXHIBIT A
STAFF REPORT
February 13, 1996
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223 A. FACTS
1. Generallnformation
CASE: Zone Change Annexation 95-0008
REQUEST: To annex two parceis of 2.14 acres of unincorporated
Washington County land to the City of Tigard and to change
the comprehensive plan and zone from Washington County
R-6 to City of Tigard Medium Density Residential/R-7.
APPLICANT: John Clarke
P.O. Box 412
Government Camp, OR 97028
OWNERS: Marco & Sally Benetti
13650 SW Fern Street
Tigard, OR 97223
LOCATION: South of SW Fern Street and west of SW 135th Avenue -
WCTM 2S1 46D, lots 2100 and 2102 (Exhibit B, vicinity map).
2. Vicini Information Properties to the north, east and south are in Washington County and zoned
R-6. Property to the west is in the city and zoned R-7. These parcels have single
family residences on them.
3. Background Information
The applicant approached the city with a request to annex the property. No
previous applications have been reviewed by the city relating to this property.
1
• i
4. Site Information and Proposal Descrition
The two parcels front SW Fern Street. The parcel to the west has a single family
house that is occupied by the owners of both lots. This parcel slopes from south to
north/northwest, varying from about a 7% to 22% grade. There is a wooded area
on the northern half of the property. The parcel to the west is vacant. It slopes
from southwest to northeast at a 10% grade and has a heavily wooded area.
The applicant requests that the two parcels, consisting of 2.14 acres, 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 (100%) of
the area proposed to be annexed, the owners have initiated this action through
their written consent. The applicant intends to partition the property after
annexation to the city. Staff has included the portion of SW Fern Street adjacent
to the two properties as part of the annexation proposal.
5. Agency Comments
The Engineering Division, Tigard Police and Water departments, Unified
Sewerage Agency, Tualatin Valley Fire and Rescue District, PGE and GTE
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 West 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 and TVF&R have reviewed the proposal and indicate that
adequate services are available and may be extended to accommodate the
affected property.
2
• •
3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the
proposal will not create a boundary irregularity in this area; the Police
Department has been notified of this request and has no objection; the
affected land is located within the city's urban planning area and is
contiguous to the city boundary; and adequate services are available to
accommodate the property.
Staff has determined that the proposal is consistent with the relevant portions of
the community development code based on the following findings:
1. Code Section 18.136.030, requiring approval standards for annexation
proposals, is satisfied because:
~ a. Service providers have indicated that adequate facilities and services
are available and have sufficient capacity to serve the affected site.
b. Applicable comprehensive plan policies and code provisions have
been reviewed and satisfied.
c. The zoning designation of R-7 most closely conforms to the county
designation of R-6 while implementing the city's comprehensive plan
designation of Medium Density Residential.
d. The determination that the affected properties are an established
area is based on the standards in Chapter 18.138 of the code.
2. Code Section 18.138, providing standards for the classification of annexed
land, is satisfied because the affected property meets the definition of an
established area and shall be so designated 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 95-0008.
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City of Tigard Planning Department
. • , . . . .
- ' ~ ~ - - . CITY OF TIGARD, OREGON ~ ~ ~ ~ •
ORDINANCE NO. 96-
' AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND
DECLARING AN EFFECTIVE DATE (ZCA 95-0008):
the Tigard City Council held a pubiic hearing on . Febriiary 13, 1996, to consider a zoning
. ~ designation for two parcels of land located, along SW Fem Street west of SW 135th Avenue; and
. . _ . _ . . . ~ . . . ~ .
, :1NH~REAS;~ on 'February 13, - 1996," 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 bjr tHe planning staff aiset 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;
- ~ - - = - - - _ _ - . - .
SECTIONI -s Upon annexation;=the:affected-properties shall be-de'signa#ed as~follows'
~-r:~~-~- - . - _ - . ' _ - _ _ . . . . ~ _ _ . . •
Tax Map. Lot Number,_ Current ~Land Use - New Land Use
4BD,.lots 2100. Wash. Co: R-6. - : , Medium Density Residential .
~ - - and 2102= - . . , - - - ~ : : - . - . ~ : . ~ .
Current Zoninca ~ _ - New Zoni . _ . . : _ ~
na'
- : - - - ~ - - _Wash.- Co:~R-6 - Tigar_d R-7_ - . ~ . . . ~
- - _ - _ ~ - . .
.~~_.This~ ordinance.'~shall . be-'effective"-30`: days.=afterYits' ~ passage by ttie Council,
_.i ~ . . _ .
. _ _ ' - . ~ 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
. - -~Y - only,-this - 'day of- - ~ 1996.~_.
' ' - s-. . - . . _ - ~ _
• - '1~_~`:•.:' " - . . .
~ ~ _ ~ - - - Catherine Wheatley, City Recorder ~ . .
^APPROVED: .~By, igard City Council~this , - ~ day of ~ - -1996. ~ - ~ • ~ ~ • ~
-..-~t- - - . . - . . -
' - - - - - ' - - . , . _ _ , . . _ . • _ . .
James Nicoli,'. Mayor~~
pPi~oved as_to form: . - - 4 i ' a . - , - - _ ~ ~ ~ • . . . , . .
. - S. >:'i.Yx ' f_.,~ _ ~ - . . y . ' ^ ` ~ • . .
- - . : . , . : .
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Date
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_ ORDINANCE.No 96- • ~ ; - ~ - = . .
v. ..,~,_~.__~„'L. _ : _3"Y . i L ' _ ~ •
- x Page 1 , s ~ ~ y~ - - • _ . -
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- FAX TRANSMITTAL -
JACE UNDER CITY OF TIGARD LISO
LEGAL NOTICE SECTION OF TIGARD TIMES
DATE: Januarv 5,-1A q~
TO: Mary White, Legals (fax) 620-3433
FROM: Jerree Gaynor, City of Tigard (Ph.) 639-417 /
The following will be considered by the Tigard City Council on Februarv 13 1996 at 7•30 PM at the Tigard Civic
Center - Town Hall, 13125 SW Hall Bivd., 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
Municipa! 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 639-4171.
PUBLIC HEARINGS
ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarke
REQUEST: Annex two parcels of 2.14 acres into the city and change the zoning from Washington County R-6 to
City of Tigard R-7. LOCATION: South of SW Fern Street just west of SW 135th Avenue. The two parcels are
separated by finro other properties. 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. Also, Community Development Code chapters 18.136, annexation
requirements; and 18.138, land classification of annexed territory. ZONE: Presently, Washington County R-6.
.:.~i i~:;
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Vicinity Map ,.r••rr_o..
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Note: Map Is not to cCeb .r.rocww ~
N 0
TT PUBLISH _Februarv 1, 1996 . '
OOEQUEST FOR COMMENTS •
~
CITY OF TIGARD
OREGON
T0: Michael Miller, Water Dept.
FROM: Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarke
REQUEST: Annex two parcels of 2.14 acres into the city and change the zoning from
Washington County R-6 to City of Tigard R-7. LOCATION: South of SW Fem Street just
west of SW 135th Avenue. The two parcels are separated by two other properties.
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. Also, Community Development
Code chapters 18.136, annexation requirements; and 18.138, land classification of
annexed territory. ZONE: Presently, Washington County R-6.
Attached is the vicinity map for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Januarv 21. 1996. You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to
resaond bv the above date, please phone the staff contact noted above with your comments and
confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard
Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~ We have reviewed the proposal and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter.
_ Written comments provided below:
Please rovide the followin information
( P 9 )
Name of Person Commenting: MIA66 1414-1-E2
Phone Number: x395'
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City of Tigard Planning Department
01/18/96 15:15 $503 526 2538 TV FIRE MARSHAL ~ 001/002
• . •
u.
r REQUEST FOR C4MMENTS
~
citT oF riaAao
. OREGON
T0: Gene 8ircheA. TVFR .
FR4M: Tigard Planning Division STAFF CONTACT: RaYVaione
. Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZONE CHANGE ANNEXATION (ZCA) 95-OOOS Clarice
RECIUEST: Annex two parcels af 2.14 acres into the city and change the zoning from
Washington County R-6 to City vf Tigard R-7. LOCATION: South of SW Fem Street just
west of SW 135th Avenue. The tvw paroeis are separated by iwo other properties.
APPLICABI.E REVIEW CRtTERW The relevant review criteria in this case are
Comprehensrve Ptan poliaes 2.1.1, dfizen involvement; 10.1.1, service delivery capacity,
10.1.2, boundary criteria; and 10.9.3, zoning designation. Also, Community Development
Code chapters 18.136, annexation requirements; and 18.138, land classfication of
annexed territory. ZONE Presently, Washington Couniy R-6.
Attached is the vicinity map for your review. From information supplied by various departments and
agencies and from other infonnation availabfe to our staff, a report and recommendation will be
~I prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: JanuarY 21, 1996 . You may use the
space provided befow or attach a separate letter to retum your comments. If you are unable to
respond bv the above date. please phone the staff contad noted above with your comments and
' confirm your comments in writing as sQOn as possible. If you have any questions, contact the Tigard
Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FQLLQWING ITEMS THAT APPLY: ~ We have reviewed the proposal and hsve no objedians to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided belov~r.
(Please provide the following information) < ~ 1 (`~~~-5
Name of Person Commenting: ~ ~ tI
Phone Number. v Z
01/18/96 15:16 $503 526 2538 TV FIRE MARSHAL 0002/002
t • •
~
4
CITY OF TIG4RD
REQiIEST POR COMMENTS
D E: Janu,ary11 1996
T'p: Washina on Co ntv F're Ma , hall
PROM: City of Tigard Planning Department STAFF CONTACT: dliam D'An rea (x315)
Phone: (503) 639-4171 Fax: (503) 684-7297
RE:
LOT LYNE ADT1iSTMENT (MIS) 95-0022 ➢ CARDWELL/HEIM Q
The app{icant requests approval of a lot Line Adjustment to adjust two (2) parcels of
approximately 12,000 and 7,040 square feet into two (2) parcels of approximately 10,000 and
9,000 square feet. LOCAYION: 6909 SW Pine Street (WCTM 1 S1 36AD, tax lot 2900) and
6913 SW Pine Street (WCTM 1S1 36AD, tax lot 2800). Northwest corner of SW 69th Avenue
and SW Pine Street. ZONING DESIGNArION: R-4_5 (Residential, 4.5 units per acre).
APPLICABLE REVIEVG CRTIERIA. Community Development Code Sections 18.50,
18.162.050 and 18.162_060.
Attached is the Natice of Decision, Site Plan, Vicinity Map and appficant's statement far your review. From
information supplied by various departments and agencies and from other information available to our staff, a report
and recommendation will be prepared and a decision wi{I be rendered on the proposal in the near future. If you wish to
comment on this application, WE NEE YOUR COMMENTS BACK BY: Mond y- anuary22,IS96, You may use
the space provided below or attach a separate letter to return your comments. If vou are nable to res end b the
above date, please phone the staff cantad noted above with your comments and confrr+n your commertts in writing as
soon as possible_ 1f you have any questions, contact the Tigard Planning Department, 13125 SW Hal1 Boulevard,
Tigard, OR 97223. '
PLEASE CHECK THE FOI,LOWING ITPMS ?HAT APPLY:
~ We have reviewed the proposal and have no objections to it.
_ Please contact of our affice.
_ Please refer to the enclosed letter.
Written comments provided below: '
ft(easeptwi6 tftefaarwing =nfomwtion) Name of Person(s) Commenting:~
Phone Number(s): IAs
MIS 95M2 CnROWEIUNEIM NOTICE OF bECtSiON/REQUEST FOR COMMENTS
•Y • ~ ~ •
REQUEST FOR COMMENTS Ai~ ~
CITY OF TIGARD
OREGON
~
T0: mp. GT
FROM: Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarlce
REQUEST: Annex two parcels of 2.14 acres into the city and change the zoning from
Washington County R-i to City of Tigard R-7. LOCATION: South of SW Fem Street just
west of SW 135th Avenue. The two parcels are separated by finro other properties.
APPLICABLE REVIEW CRITERIA: The relsvar,t review criter;2 in :his c2se 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. Also, Community Development
Code chapters 18.136, annexation requirements; and 18.138, land classification of
annexed territory. ZONE: Presently, Washington County R-6.
Attached is the vicinity map for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Januarv 21 1996. You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to
respond bv the above date, please phone the staff contact noted above with your comments and
confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard
Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
riease contaci of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the following information)
Name of Person Commenting:
-40 -
Phone Number: -
' WEQUEST FOR COMMENTS •
~
CITY OF TIGARD
OREGON
T0: Lee Walker, USA
FROM: Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarke
REQUEST: Annex two parcels of 2.14 acres into the city and change the zoning from
Washington County R-6 to City of Tigard R-7. LOCATION: South of SW Fem Street just ~
west of SW 135th Avenue. The two parcels are separated by finro other properties.
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. Also, Community Development
Code chapters 18.136, annexation requirements; and 18.138, land classification of
annexed territory. ZONE: Presently, Washington County R-6.
Attached is the vicinity map for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Januarv 21, 1996. You may use the
I
space provided below or attach a separate letter to return your comments. If vou are unable to
resaond bv the above date, please phone the staff contact noted above with your comments and
confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard
Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~ We have reviewed the proposal and have no objections to it.
Please contact of our office.
-
Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the following information)
Name of Person Commenting: L- 1,"JkU4Zyt--- , Phone Number: LoLE Y 1567~
~
• •
REQUEST FOR COMMENTS ~
CITY OF TIGARD
ORECON
T0: Brian Moore. PGE
FROM: Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarke
, REQUEST: Annex finro parcels of 2.14 acres into the city and change the zoning from
Washington County R-6 to City of Tigard R-7. LOCATION: South of SW Fem Street just
west of SW 135±h Ave,^,;:s. Ths ::vc par:.is ara separaied by two oiher properties.
~ 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. Also, Community Development
Code chapters 18.136, annexation requirements; and 18.138, land classification of
annexed territory. ZONE: Presently, Washington County R-6.
Attached is the vicinity map for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Januarv 21 1996. You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to
' resaond bv the above date, please phone the staff contact noted above with your comments and
confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard
Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
~ We nava reviewed tne proposai and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter.
Written comments provided below:
(Please provide the following information)
Name of Person Commenting:
Phone Number:
&EQUEST FOR COMMENTS •
~
CITY OF TIGARD
OREGON
T * Keilev Jenninqs, PD
FROM- Tigard Planning Division STAFF CONTACT: Rav Valone
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarke
REQUEST: Annex finro parcels of 2.14 acres into the city and change the zoning from
Washington County R-6 to City of Tigard R-7. LOCATION: South of SW Fem Street just
west of SW 135th Avenue. The two parcels are separated by two other properties.
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 cnteria; and 10.1.3, zoning designation. Also, Commurnty Development
Code chapters 18.136, annexation requirements; and 18.138, land classification of
annexed territory. ZONE: Presently, Washington Counry R-6.
Attached is the vicinity map for your review. From information supplied by various departments and
agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Januarv 21, 1996. You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to
resaond bv the above date, please phone the staff contact noted above with your comments and
confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard
Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
L We have reviewed the proposal and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide the following informatio
Name of Person Commentin •
Phone Number: 2'Z
i ,
PROPOSAL DESCRIPTION ~
CITY OF TIGARD
OREGON
F I LE N O: ZCA 95-0008
FILE TITLE: Clarke
APPLICANT: John Clarke OWNER: Marco & Sally Benetti
P.O. Box 412 13650 SW Fern Street
Government Camp, OR 97028 Tigard, OR 97223
REQUEST: Annex two parcels of 2.14 acres into the city and change the zoning from
Washington County R-6 to City of Tigard R-7.
LOCATION: South of SW Fern Street just west of SW 135th Avenue. The two parcels are
separated by two other properties.
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. Also, Community Development Code chapters 18.136,
' annexation requirements; and 18.138, land classification of annexed territory.
ZONE: Presently, Washington County R-6.
CIT: West CIT FACILITATOR: List Available Upon Request
PHONE NUMBER: (503)
I DECISION MAKING BODY
STAFF DECISION
PLANNING COMMISSION DATE OF HEARING: TIME: 7:30
HEARINGS OFFICER DATE OF HEARING: TIME: 7:00
~ X CITY COUNCIL DATE OF HEARING: 2/13/96 TIME: 7:30
RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP X LANDSCAPING PLAN NARRATIVE
ARCHITECTURAL PLAN SITE PLAN OTHER
STAFF CONTACT: Ray Valone (503) 639-4171 x336
i
'
CITY OF TIGAtD
~
OREGON '
February 21, 1996 I'
i
Ken Martin, Executive Officer Portiand Metropolitan Area
Local Govemment Boundary Commission
800 NE Oregon Street #16
Suite 540
Portland, OR 97232
Dear Ken:
I am writing to submit the enclosed forms for a city-initiated, double majority
annexation (Tigard ZCA 95-0008) and to request space on the Boundary
Commission's agenda of April 4, 1996. I will be sending a letter to property
owners in the immediate area of this proposal to solicit additional signatures
for annexation. Please inform me of the Boundary Commission file number
as soon as you assign one so I can include it in the letter for reference.
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,
va_'_
Ray Valone, AICP
Associate Planner
Enclosures
~
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 .
Adisk
C1T1( OF TIGARD
OREGON
March 13, 1996
Ken Martin, Executive Officer
Portland Metropolitan Area
Local Government Boundary Commission
800 NE Oregon Street #16
S u ite 540
Portland, OR 97232 '
Dear Ken: -
I am writing to submit the enclosed forms for adding to Proposal
No. 3567 (Benetti), a city-initiated double majority annexation
(Tigard ZCA 95-0008). 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
1
, , •
~
TERRITORY TO BE ADDED TO PROPOSAL 3567 (BENETTI)
INFORMATION SHEET
Property To Be Added To The Annexation
Land Area: Acres L~ or Square Nliles
Existing Land Use:
~c
Number of single-family unitsNumber of multi-family units n
Number commercial structures C') Number industrial structures
Public facilities or other uses
What is the current use the land proposed to be added to the annexation: _
Total current year Assessed Valuation $ Total existing population _C"
If the prP to added to the annexation is entirelY or substantiallY undeveloped,
o ertY
what are the plans for future development? Be specific. Describe type (residential,
industrial, commercial, etc.), density, etc.
~ -
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`.1 ( v ~ " Z : ~K b'~/ 't - \ 'i ~ ~ ~"i"- ~ ~ IJ ~ l ~J V ~ Li . L . • ~ ! . ~ f: c. 4 4 ~ UI~.\ti: (Z~ /~~~7 i i i1'_.tii 7
~-~~ZL ,a ~ _ . •..~Z~, _
. ~
&NfALGBC FORltiI #1 5 ~
~
PETITIDN FOR AIVNEXATION TO THE CITY OF OREGON
T0: The Council of the City of 11' Oregon
We, the undersigned property owners of and/or registered voters in the area described below,
hereby perition for, and give our consent to, annexation of the area to the City of
i l. L•'~ . If approved by the city, we further request that this petition be
forwarded to the Portland vfetropolitan Area local Government Boundary Commission for
the necessary procedures as prescribed by ORS 199.490(2).
?he property to be anne,ced is descnbed as follows:
(Insert Lega! Description /iere OR attaclc it as EYlcibit "A
~
17
Revised 11/93
- PETITION SIGNERS
NOTE: This petition may be signoJ by qualitied persons even thouph they mfly not know their proporty descriplion or precinct number.
.
SIGNATURE PRINTED NAME I AM AADDRESS PROPERTY DESCRIPTION PRECINCT !1 DATE
PO RV OV LOT N 1l4 SEC. T R
.j~ l7/S/{ SUGu.E P~wy ~I3I~
'
13C'~.5~ lci /pb' L b f f A 1~1 vJ 32L ~ U c~
-~r.t. > ~✓--c L c y.: n: ~ > C=. /.n~ ti
~J J
• PO = Property Ownor
RV = Repistered Voter
OV = Owner Voter
a 0 wrzr'S :Cii=;r (:7i-%; •
i
sCIIEDULE A Date of Policy: July 29, 1-9:5 At' 11:05 a•'n•
Policy No.: 367882w Amount c: Insurance: $58,000.00
Order vo.. 367892w P=em:um: S273.0-0
1. Name of Iasured:
Bos:ljk:a Sa=_cz
3. The estate or iaterest in the land which is covered by this policy is: -A
3. Title to the estate or :nterest in the land is vested in:
3cs_ljkra Sa:ich
4. The land referred to in this policy is situated ia the State of Oregon, Cou.zty of
Washingtcn anC is desc.ibec as follows:
:k -e=tion o= that tracz of .'_anc as desc=ibed 3ock 3=1 ac ?ace --z c= z:,° Wash:nczo.^.
County Deed Records, mare ca:_?cularly desc_:bed as foi?ows:
BEvINN:NG ac a ooint wn-Lch bea.s Soutz 00 54' Wes:. 423.51 =_et '_om the Nc__zeasr-
y i: :.NDt} of
corner oz: Lot 32, acco_di^c 1-c che dul_ 1°d ^.,laz o~- y ?.CRES, =n c'~e C_•
7_._7d=.., =_l2d OC:CDE= 20, 19=5, _:1 Pldt .OCK 10, ?dC? 31 _r Laie NCrz:1WeS: C:lE-CS'lldri.°r
of Sectzon ,':3wr.s^io Seut`, :cange 1 west, :he tv,1_sme:ze Y==_dia;., tecords c=
:.ez zcu:::: C° Wes:.
:Jas::izctc^ County, Crecor., z::e.^.ce alona the °_as:. c= sa^
?ee-. to dII _rOn rJu• t:7@.^.C° SOLltti? 880 ~'i1 ~425t _52.15 f$_z : O c:. rQC CI:
~
:.i:e W2St 14-r° Ci Sd_.. 1:Ct 32, Sc=d iiCll rCd tiJ'°i:1C Cn t:le :dSL =:.^.2 Oi
S.W. 115t^ 17e^ue, ..::e^::e N:c:_.. 00 43' ?as:. 115.40 ~eez a_onc ,.::e•tdest __ne o: sa-c
Lcc 32 zo az _=or. :.::e^ce `c_:... 690 01T-1GSi. IS2.52 _eet to _`:e ooi..z c:
*-e=_nc
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0 u.r-L_..:1.~ ,d i --j
. • _ r ~
CITY OF TIGARD
OREGON
~
March 5, 1996
Dear Property Owner:
We have received a request from a neighbor in your area to annex to the
city (see map). We are writing to inquire whether you are interested in
becoming part of the city. You may join the current annexation request
which will be heard by the Portland Metropolitan Area Boundary
Commission on April 4, 1996. The deadline for submittal to the Commission
is March 29, 1996. The procedure for joining the request is a simple
process with no cost to you or the city.
I have included a brochure about annexation to the city. If you are
interested and have any questions or would like more information, please
call me at 639-4171. You may also call the Boundary Commission to find
out about joining the annexation. If you call the Commission, refer to
Proposal 3567.
Sincerely,
1/~,Ice
Ray Valone
Associate Planner
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• •
March 5, 1996
Dear Property Owner:
We have received a request from a neighbor in your area to annex to the
city (see map). We are writing to inquire whether you are interested in
becoming part of the city. You may join the current annexation request
which will be heard by the Portland Metropolitan Area Boundary
Commission on April 4, 1996. The deadline for submittal to the Commission
is March 29, 1996. The procedure for joining the request is a simple
process with no cost to you or the city.
I have included a brochure about annexation to the city. If you are
interested and have any questions or would like more information, please
call me at 639-4171. You may also call the Boundary Commission to find
out about joining the annexation. If you call the Commission, refer to
' Proposal 3567.
Sincerely,
2~ va'vv~
Ray Valone
~ Associate Planner
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- - 2S104BD-00100 . . . . . . . . . . . . . . . . . . . . . - 29104BD-00900--. - . . . . . : . . . . .
JOHANSSON, MARTIN L JOAN _ HANSON, RUSSELL R AND
13535 SW WALNUT G RUTH TIGARD OR 97223 13540 SW WALNUT LN
TIGARD OR 97223
2S104BD-01000 2S104BD-01100
STEELE, GARY WAYNE AND KVISTAD, RODERICK
NANCY JOANNE ' EUNICE
12645 SW 135TFi AVE 13535 SW FERN
TIGARD OR 97223 TIGARD OR 97223
2S1048D-01200 2S104BD-01300
LAMORA, SHIRLEY A TR AND HAVILAND, RANDALL AND
WILES, NICOLETTE YVONNE LEUEEN M
13585 SW FERN ST 13625 SW FERN ST
TIGARD OR 97223 TIGARD OR 97223
2S104BD-01400 2S104BD-01900
WESTERMAN, LARRY A/JODY C LAMB, CHARLES B AND ZADA M
949 EAST END AVE 13770 SW FERN STREET
PITTSBURGH PA 15221 TIGARD OR 97223
2S104BD-02200 2S104BD-02300
BOYLE, THOMAS G AND CAROL A AZARI, DAVID J& FARIMAH A
13640 SW FERN ST 13620 SW FERN ST
TIGARD OR 97223 TIGARD OR 97223
2S104BD-02400 2S104BD-02500
NATHANSON, ROBERT M& CAROL RUTH VIESTENZ, KERRY DEAN AND
13530 SW FERN ST JANICE LEE
TIGARD OR 97223 13570 SW FERN STREET
TIGARD OR 97223
2S104BD-02600 2S104BD-02700
MAGI, REIN AND MAI LILL MAY, RICK V
12905 SW 135TH ST 12945 SW 135TH AVE
TIGARD OR 97223 PORTLAND OR 97223
- 2S104BD-02800 2S104BD-03000
MUNSON, ERIC T -BAXTER, BARRy FREDRICK AND
PO BOX 584 RATHY SUE
SHERIDAN OR 97378 12950 SW 135TH
TIGARD OR 97223
2S104BD-03100 .~~0.'. 2S104BD-03200
WESTERMAN, LARRYV~.~apy C~ - SARICH, BOSILJKRA
949 EA$T A~ 17184 SW SUGAR PLUM CT
~ BURGH PA 1522~"ne-AT-S ALOHA OR 97007
i 2S104BD-03300 2S104BD-03500
KHALEGHI, GHASSEM AND BARNES, MARK E AND DERNA
NADJARAN, NAHIDEH c/o SINCLAIR, WILLIAM D AND
12780 SW 135TH AVE DOROTHY U
TIGARD OR 97223 12660 SW 135TH AVE TIGARD OR 97223 f
-
, .
' . , • . . .
2S1048D-03600 2S104BD-03700
MCGINLEY, REITH A& QiERYL M f, BECIQiAM, GARVE A& MARILYN
12640 SW 135TH ~ 12620 SW 135TH
TIGP,RD OR 97223 TIGARD OR 97223
, . i
- - - - - - - - .
~
2S104BD-03800
GREENFIELD CONSTRUCTION INC
7981 SW NYBERG RD 1413 ~
TUALATIN OR 97062 . .
I - - - - - - - - - - ~
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- - - - - - - -
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2S1 BD- 12S104BD-024001 0-1
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2S1 BD- 1900 2S104Ba02600 d
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~ 2S1046D-03000 O
2S104BQ02200
~ 2S1046D-02800 ~
~
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~ vicinity Map ZCA 95-08 CLARKE NOTIFICATTON MAP
N
March 11, 1996 CITY OF TIG/e►RD
Ghassem and Nadjaran Khaleghi OREGON
12780 SW 135th Avenue
Tigard, OR 97223
Dear Ghassem and Nadjaran:
The enclosed forms are for adding to the Benetti annexation proposal. As
we discussed during our phone conversation on March 11, you will need to
acquire a legal description and map of your property from the County
Assessor's Office in Hillsboro. Take a copy of your deed, which has a
description of your property, with you to Hillsboro. It would be a good idea
to call first and find out the best time to go (648-8871). There might be a
charge by the county to give you a property description and map.
You will need* to complete the yellow form, including the number of people
living on the property and whether you have any plans for future
development; if no plans, write "none" on the line. Fill out the names and
addresses of all property owners on the white form as indicated by the
yellow sticker. Send the legal description, map, yellow information sheet
and white form to the following address by March 29:
Ken Martin
Portland Boundary Commission
800 NE Oregon Street #16, Suite 540
Portland, OR 97232
If you have any questions about the forms or procedure, call me at
639-4171.
Sincerely,
,
Ray Valone Associate Planner
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
I
I
R • r
CITY OF TIGARD
March 1996 OREGON
Chuck and Zada Lamb
13770 SW Fem Street
Tigard, OR 97223 .
Dear Chuck and Zada:
The enclosed forms are for adding to the Benetti annexation proposal. As
we discussed during our phone conversation on March 5, you will need to
take a copy of your property description to the county Assessor's Office .
and obtain a legal description and map. Then fill out the names and
addresses of all property owners and sign the white form as indicated by
the yellow sticker. Send the legal description, map, yellow infomnation
sheet and white form to the following address:
Ken Martin
. Portland Boundary Commission 800 NE Oregon Street #16, Suite 540
Portland, OR 97232
If you have any questions about the forms or procedure, call me 639-4171.
-
Sincerely,
22'L'~
Ray Valone
Associate Planner 13125 SW Hall BNd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
r . • I
TERRITORY TO BE ADDID TO B.C. 3567 (BENETTI)
INFORMATION SHEET
Property To Be Added To The Annexation
Land Area: Acres f °'45 or Square Miles
Existing Land Use:
Number of single-family units ~ Number of multi-family units G
Number commercial structures c` Number industrial structures Q-)
Public facilities or other uses
What is the current use the land aroposed to be added to the annexation: _
Total current year Assessed Valuation $ 21 ~.4 4"o
Total existing population 2-
If the property to added to the annexation is entirely or substantially undeveloped,
what are the plans for future development? Be specific. Describe type (residential,
industrial, commercial, etc.), density, etc.
I
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CITY OF TIGARD. OREGON
A~~~~
ZONE CHANGE • APP
CITY OF TIGARD, 13125 SW Hall, PO Bos 23397 Tigard, Oregon 97223 -(503) 639-4171 FOR STAFF USE ONLY
CASE N0. .ZCA GO o ~S
OTHER CASE NO'S:
RECEIPT N0. APPLICATION ACCEPTED BY: ~U
DATE: f 2 /z~; /SS
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION 2- PAec,c;LSeW .SuJ F~'--x-J vl(A) Application form (1)
GiesT dy 13 ~•/3650 S~ F~w f. E V„c,a,rr PA~L a P A?~ ✓(B) Owner's signature/written
TAX MAP AND TAR LOT N0. 291 4 h>~, 21u0 2) aa authorization
(C) Applicant's statement
SITE SIZE 'a.. iA qcA-0-- (pre-app check list)
~ ldvuvA/1~ `a^wM.
PROPERTY OWNER/DEED HOLDER*J~1ARtv ~ SAu,ti' 8c~e-rri f(D) Filing fee ~J t~tiL
ADDRESS / 3(,Sb S~ f:: a~ S~"• PHONE Additional information for Compre-
CITY ZIP `'7 7 2Z3 sive Plan Map Amendments/Zone Changes
APPLICANT* .JMA)K! ✓(E) Maps indicating property
ADDRESS P,b. &~,,c A-c2 PHONE 2-12-01lq location (pre-app check list)
CITY ~odi;~-vrw c G&V ZIP q-7v2& (F) List of property owners aad
*When the owner and the applicant are different addresses within 250 feet (1)
people, the applicant must be the purchaser of record ;/(G) Assessor's Map (1)
or a leasee in possession with written authorization ~(H) Title transfer instrument (1)
from the owner or an agent of the owner with written
authorization. The owner(s) must sign this
application in the space provided on page two or
submit a written authorization with this application. DATE ETERMINED TO BE COMPLETE:
2. PROPOSAL SUA4fARY
The owners of record of the subject property FINAL DECISION DEADLINE:
request a (if COMP. PLAN/ZONE DESIGNATION:
applicable) from ~'`~As,~-~ to rl aAU NravM D<&.r3L
and a Zone Change from w,ksW. C.. Q-io to $1° .
,~-I N . P . 0 . Number :
OR
The applicant requests an amendment t e Planning Commission Approval Date:
following sections of the Com nsive Plan
or Community Develo ode
Citq Council Approval Date:
0737P 23P
Rev'd: 5/87
i
3. List any variance, conditional uses, or other land use actions to be considered
as part of this application: iJ(A '
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT: ,
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
• B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of the above statements and the statements in the plot plan,
attachments, and exhibits transmitted herewith, are true; and the
applicants -so acknowledge that any permit issued, based on this
application, may be revoked if it is found that any such statements are
false.
D. The applicant has read the entire contents of the application, including
the policies and criteria, and understands the requirements for approving
or denying the application.
DATED this pZ ( day of 'Dee-~sep- 19 ~ S
SIGNATURES of each owner (eg. husband and wife) of the subject property.
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(KSL:pm/0737P)
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c,c~ CCO NTY BMANK
P.O. BOX 185, WELCHCS, OREGON 97067
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0 PMALGBC FORltii #6 •
BOUNDAR Y CHANGE DATA SHEET
1. EXISTING CONDITIONS IN AREA TO BE AIVNF_XED OR WITHDRAWN
A. Land Area: Acres 2.14 or Squaze Miles
B. General description of territory. (Include topographic features such as slopes,
vegetation, drainage basiris, floodplain areas, which are pertinent to this proposal).
-M Z27
'
r.A~,G~ L ~ n~'~ ~i-a~ ~ltZ,t~•~ rL ti vfL:?~:.~ s . %
S A- .11 I V
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G.~'.D~ /k^~ O l("5.k
C. Describe land uses on surrounding parcels. Use tax tots as reference points.
NOI U1: S"`)V L: -~✓~^'=1• Y ~'Js " 7it L n-i:Z~1..'~ ~ nc,crSS t
, S
~O ltiN l• 1 TN~ l-s
Ea$t: s ~ v lit- -~.,k•v., li"~ /Ch' S : ~-~;..,il f 1_ , ~ [ c,...,~.~; 7' ,
• S O Utll : ~ 6 ~ ~ " ^"'c i.-f ~ S ~ L C , ' ; - f S •.r ,3 Q ; ~/L' 3 o -.J
W eSL: S.,~ Gl:. L-/-~ ti''~ ~ ~'vi1.✓> - ,J c~ ~ T-~ :
D. Existing Land Use:
ps2c.`L A
. Number of single-family units tsTt'~~ ~lumber oF multi-family units C~
Number commercial structures G Number industrial structures
Public facilities or other uses c
What is the current use the land proposed to be annexed: .4 - S F 2
~n2c I'S -
E. Total current year Assessed VaIuation $ A 16-7 'ZvO ~5"4 ~~ctv
F. Total existing population Z- ( r'~°~ ~Z A~
11
Revised 11/93
• • 'i
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IL REA SON FOR BOUND.4RY CHANGE
A. ORS 199.462 of the Boundary Commission Act states: "In order to cazry out the
purposes described in ORS 199.410 when reviewing a boundary change..., a boundary
. commission shall. consider local comprehensive planning for the azea, economic,
demographic, sociological_projections pertinent to the proposal, past and prospective
physical developments of land that would directly or indirectly be affected by the
proposed boundary change..." Considering these points, please provide the reasons the
proposed boundary change should be made. Please be very specific. Use addirional
pages if necessary. (This informarion is often quoted in the Staff Report, so be
thorough and complete.)
S :i c c: S --("b
.SC~w ` ~ ~ ;l-~ L-c.f C~ [~c.q"tti.!~ , .1 I /'-r~ ~tt'~ yrt...t= ~ ~.4'z-t='L L('
4 . ~l~ ~~~.,.,-.,~.;~5 P. 2-rz ~,.oti
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B. If the property to be served is entirely or substantially undeveloped, what are the plans
for future development? Be specific. Describe type (residenrial, industrial, commercial,
etc.), density, etc.
III. LAND USE AND PLANNING
A. Is the subject territory to be developed at this rime?
B. Generally describe the anticipated development (building types, facilities, number of
units).
(~,o.~Z-~ o-..>
C. Is the subject territory inside or outside of the Nfetro Regional Urban Growth
Boundary? •~-~-'S
12
Revised 11/93
D. What is the applile County Planning Designarion?
or Ciry Planning Designation ~-7
I Does the proposed development comply with applicable regional, county or city
comprehensive plans? Please describe.
6.[ (1. L 4-=S..t L U ~ o e e r ~tT eC C..-~i' ` 5 .~S LZ. ti.1
ib Gt:~
E. What is the zoning on the territory to be served?
Lr 4~1--0 ~t°u.~ ~,.~.ti,2.- 7 11 ~
F. Can the proposed development be accomplished under current county zoning?
Yes ❑ No
If No,---has a zone change been sought from the county either formally or informally.
o Yes o No
Please describe outcome of zone change request if answer to previous questions was
Yes.
G. Is the proposed development compatible with the city's comprehensive land use plan for
the area?
,V-6 Y e s ❑ No ❑ City has no Plan for the area.
Has the proposed development been discussed either formally or informally with any of
the following? (P(ease indicate)
0 City Planning Commission City Planning Staff
❑ City Council ❑ Ciry Manager
Please describe the reaction to the proposed development from the persons or agencies
indicated above.
p . , 56,, .sS•
(cT_.
13
Revised 11/93
H. Please indicate alemits and/or approvals from a Ciry, omty, or Regional
Government which will be needed for the proposed development. If already granted,
please indicate date of approval and identifying number:
' APPROVAL PROJECT DATE OF FUTURE
FILE T APPROVAL REQUIREMENT
Metro UGB Amendment
City or County Plan A-mendment
Pre-Application Hearing (City or County)
Preliminary Subdivision Approval I
Final Plat Approval
Land Partition
Conditional Use
Variance
Sub-Surface Sewage Disposal
Building Permit
Please submit copies of proceedings relating to any of the above permits or approvals
which aze pertinent to the annesation.
I. If a city and/or county-sanctioned citizens' group exists in the area of the annexation,
please list its name and address of a contact person.
LJ C; ~ Gz --i v'o c-vE
IV. SERYTCES AND UTILITIES .
A. Please indicate the following:
1. Location and size of nearest water line which can serve the subject area.
(c" .qJ JN (2" (',J F~:~..;
c),F px-c-E Ls .
14
Revised 11/93
, . • •
2. Locarion and size of nearest sewer line which can serve the subject area.
4
~ I--: S• A-1- T~A, b Pp R c-,e LL A -
3. Proximity of other faciliries (storm drains, fire engine companies, etc.) which can
serve the subj ect area
.
LA^: 1-;' 5.:--L-Z~ At Sr
AL~- - .,4 d ,A P~RO ?4 ~ s. it L`'~ Z t% U~ Tc-r •"t 2 c. 'c L ~
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4. The rime at which services can be reasonably provided by the city or district.
L4po;-j ,AI'Pez:.,'AL o.r
5. The esrimated cost of extending such facilities and/or services and what is to be
the method of financing. (Attach any supporting documents.)
- 6. Availability of the desired service from any other unit of local government.
(Please indicate the government.)
15
Revised 11/93
B. If the territo described in the ro osal is resentl incl~ded within the
~Y P P p Y boundaries of
any of the following rypes of governmental units, piease so indicate by stating the name
or names of the governmental units invoived.
' i 4 1% VA
City Rural Fire Dist r:,,- c-
• t'n/lfs+~[i0 Sf~'Y^Ji~) ~o~ 4
County Service Dist.u!-A,N Sanitary District U. S.A,
Hwy. Lighting Dist. Water District 'i)
Grade School Dist. Drainage District
High School Dist. 5-1--1-' Diking District
Library Dist. Park $ Rec. Dist.
Special Road Dist, Other Dist. Supplying Water Service
C. If any of the above units are presently servicing the territory (for instance, are residents
in the territory hooked up to a public sewer or water system), please so describe.
6t-A 4-;L..~ s LLJ~u L
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_ iUAL . ✓1.tA-c:.-i Fr E C F c 7C--'[-c'" i~''u Cr'A ?1L r) -:5L:Z S
~ 'L/2 r_ ~ V S ~:f ~2 `~(t !Z~ ~2. 2''~ `
APPLICANT'S NAME C-A A-,_~,
MAILING ADDRESS l3 i2~ ~u !'-~-v.~ ,
c -7 2- 2, 3
C A i~' \/4 LG J L
TELEPHONE NUMBER 3) 1 - Q- ) -7 1 (Work)
(Res.)
REPRESENTING
DATE:
16
Revised 11/93
.
OPMALGBC FOIUI #1 5
-
PETITION FOR ANNEYIITION TO THE CITY OF ORE'GON
TO: The Council of the City of -TI 11 C Oregon
We, the undersigned property owners of and/or registered voters in the area described below,
hereby peririon for, and give our consent to, annexation of the area to the Ciry of
. If approved by the city, we further request that this perition be
forward to the Portland Metropolitan Area local Govemment Boundary Commission for
the necessary procedures as prescnbed by ORS 199.490(2).
The property to be annexed is described as follows:
(Insert Lega! Description /iere OR attacls it as Exliibit "A
~ -fl~_--- -
17
Revised 11/93
~
PET1710N SIC3NERS
MOfE: -(Iiis puliliun muy bu cionuJ by quuli(iud peruona evun ihouUh thay may not know their proparty description or praclnct numbar.
SIC,NATURE PRINTED NAME 1 AM A:• ADDRESS PROPERTY DESCRIPTION PRECINCT # DATE
PO RV OV LOT p 1/4 SEC. T R
C, - f .
.
.
' PO = Pruparty Owner
RV = Rupislnrnd Votur
OV = Ownur Voltlr
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P1VIALGBC FORM #4
CER TIFICA TION OF LEG.iL DESCRIPTION A1VD MAP
I hereby certi "ry that the descriprion of the properry included within the attached petirion (located on
Assessor's Map s? ~ iqffj )
has been checked by me and it is a true and exact descriprion of the property under considerarion,
and the description corresponds to the attached map indicating the property under consideration.
NAME 62jeU ~
~
TITLE ~,I L( l ) ~1:1~ ~~'?G! CC.t,i~i•[. ~
DEPARTMENT 6 OL T ~
COUNTY OF 0 V
DATE I (•~~~c.QJ~7'/L 2 7,19~1~
~
19
Revised 11,191)
. • •
EXHIBIT "A"
DESCRIPTION OF PROPERTY TO BE ANNEXED
BEGINNING AT THE NORTHWEST CORNER OF LOT 28 HANDY ACRES:
THENCE N 89° 33' 58" W A DISTANCE OF 150.06 FEET THENCE S 00° 42' 48"
W A DISTANCE OF 319.91 FEET; THENCE N 89° 38' 47" W A DISTANCE OF
100.09 FEET; THENCE N 47° 24' 35" W A DISTANCE OF 89.29 FEET; THENCE N
000 43' 10" E A DISTANCE OF 99.45 FEET; THENCE N 42° 03' 2 1 " E A DISTANCE
OF 25.33 FEET; THENCE N 00° 43' 10" E A DISTANCE OF 140.70 FEET TO THE
POINT OF BEGINNING.
AND
BEGINNING AT THE NORTHEAST CORNER OF LOT 29 HANDY ACRES;
THENCE S 890 33' 58" W A DISTANCE OF 139.92 FEET; THENCE S 00° 42' 48" W
A DISTANCE OF 319.98 FEET; THENCE S 89° 38' 47" W A DISTANCE OF 139.78
FEET; THENCE N 00° 44' 19" E A DISTANCE OF 320.18 FEET TO THE POINT OF
BEGINNING.
. • •
~ EMBIT "B"
DESCRIPTION OF THAT PORTION OF S.W. FERN STREET TO BE ANNEXED
,
~ I
BEGINNING AT TI-E NORTHWEST CORNER OF LOT 28 HANDY ACRES ;
- THENCE N 00° 43' 10" E A DISTANCE OF 50.01 FEET TO THE NORTH RIGHT OF
WAY OF FERN STREET; THENCE N 89° 33' S8" E, ALONG SAID NORTH RIGHT
OF WAY, A DISTANCE OF 339.98 FEET; THENCE S 00° 44' 19" W, LEAVING
SAID NORTH RIGHT OF WAY, A DISTANCE OF 50.01 FEET TO THE SOUTH
RIGHT OF WAY OF S.W. FERN STREET AND THE NORTHEAST CORNER OF
LOT 29 HANDY ACRES; THENCE S 89° 33' S8" W, ALONG SAID SOLTTH RIGHT
OF WAY, A DISTANCE OF 340.00 FEET TO THE POINT OF BEGINNING.
I .
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i:kag\johnr121004BDANX
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PMALGBC FORIYI #16
CF.RTIFICATION OF PROPERTY OWNERSHIP
- (Double Majority Method)
I hereby certify that the attached petition for annexarion of the territory described therein to the City
of T -,r Q contains the names of the ownen* of a majority of the land azea of the
territory to be annexed, as shown on the last available complete assessment roll.
~
F. DIEPAxTNErrr I T ('1.~(,tDqf CovrrrY oF
DATE UQffIUCA l, I7
* "Owner" means the owner of the title to real property or the contract purchaser of real
property.
PMALGBC FORM #17
' C.ERTIFICATION OF XLGISTERED VOTERS
I hereby certify that the attached petition for annexation of territory described herein to the City of
~ Is w contains the names of at least a majority of the
electors registered in the territory to be annexed.
NAME J-7' CC
TITLE 'i-~- I &,o-r
IDEPARTMENT c- ~ dl-c S Iq
COL.TNTY OF a r~~
DATE A - o?? ~S
18
Revised 11/93
i
. • •
.
PMALGBC FORYI #19
(This form is NOT the petition)
ALL OWNERS OF PROPERTY AND/QR REGISTERED VOTE'RS INCLUDED IN BOINDARY
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 annexarion perition or not.) This is for norification purposes.
NAME OF OWNERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
(1) •rcc ~~~1 rC 13 ~osk,' 1'~r S ? S~ti 37'0=1~?
? S
(2)
(3)
(4)
(5)
(6)
M
? 0
Revised 11/93
• • •
P111ALGBC FOR1tiI #20
,
DO UBLE MAJORITY WORK SHEE'T
Please list all propemes/registered voters included in the proposal. (If needed, use separate sheet for
addirional listings). _
PROPERTIES
Property Assessed Sig ed Petition
Designation Name af Owner Acres Value Yes No
(Tax Lot #s)
YrSu
S Ll C- o o - r -Z
v,10"rc 0 -►.rl1(•' fcC-
(
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-TOTALS
Revised 11/93
i
: ~ •
,
PNIALGBC FORILI #20 (continued) REGISTERED VOTERS '
ADDRESS OF REGISTERED 'NAME OF REGISTERED SIGiNED PETITION
Voter Voter Yes No
r-
TOTALS ~
SLI11&iARY
TOTAL NUMBER REGISTERED VOTERS IN THE PROPOSAL ~
NUINMER OF REGISTERED VOTERS WHO SIGv'ED 1-
PERCENI'AGE OF REGISTERED V OTERS WHO SIGiNED ~
TOTAL. ACREAGE IN PROPOSAL 2, I y
ACREAGE SIGiNED FOR
- PERCENTAGE OF ACREAGE SIGi1ED FOR
23
Revised 11/93
E.:HIBIT B ~
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UBLIC HEARING EXHIBIT A
NOTICE •
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL,
AT A MEETING ON TUESDAY, FEBRUARY 13, 1996, AT 7:30 PM,
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER,
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 CITY OF TIOARD
WILL CONSIDER THE FOLLOWING APPLICATION:
ZONE CHANGE ANNEXATION (ZCA) 95-0008 Clarke
REQUEST: Annex finro parcels of 2.14 acres into the city and change the zoning from Washington
County R-6 to City of Tigard R-7. LOCATION: South of SW Fern Street just west of SW 135th
Avenue. The finro parcels are separated by finro other properties. 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. Also,
Community Development Code chapters 18.136, annexation requirements; and 18.138, land
classification of annexed territory. ZONE: Presently, Washington County R-6.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE
~ RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF
PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR
RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING.
THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE
INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL
(503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES
FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO
SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE
PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL
RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC
HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY
CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JANUARY 23.
1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS
NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE
HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST
FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE
PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE
,BASED UPON THESE CRIT AND THESE CRITERIA ONL AT THE HEARING IT IS
IMPORTANT THAT COMMEN~ELATING TO THE REQUEST P~AIN SPECIFICALLY TO THE
APPLICABLE CRITERIA LISTED. '
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 i
APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. I
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE I
FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. !AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE
AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE
CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR PLANNER, RAY
VALONE, AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD,
OREGON.
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Note: Map is not to scale
2S104BD-02300 • 2S104BD-06900 0 E" " 1 ~ 1~ ~
AZARI, DAVID J& FARIMAH A BARRETT, GORDON W& MEUSSA J
13620 SW FERN ST 13800 SW FERN ST
TIGARD, OR 97223 TIGARD, OR 97223
2S104BD-03000 2S1046D-02100
BAXTER, BARRY FREDRICK AND BENETTI, MARCO A& SALLY A
KATHY SUE 13650 SW FERN ST
12950 SW 135TH TIGARD, OR 97223
TIGARD, OR 97223
2S104BD-02102 2S104BD-02200
BENETfI, MARCO A& SALLY A BOYLE, THOMAS G AND CAROL A
13650 SW FERN ST 13640 SW FERN ST
TIGARD, OR 97223 TIGARD, OR 97223
2S1046D-07000 2S104B0-03200
BRUNEAU, STEPHEN G BRUNISH, VIRGINIA, EXECUTRIX O
13800 SW FERN ST HUGHES, LESLIE V ESTATE
TIGARD, OR 97223 2426 SE MARKET ST
PORTLAND, OR 97214
2S104BD-02000 2S1046D-01300
' EVANS, TYLER M& SHAWN R HAVILAND, RANDALL AND
13720 SW FERN ST LEUEEN M
TIGARD, OR 97223 13625 SW FERN ST
TIGARD, OR 97223
2S1046D-06700 2S104BD-04600
JAY MILLER BUILDER INC JAY MILLER BUILDER INC
PO BOX 230459 PO BOX 230459
TIGARD, OR 97281 TIGARD, OR 97281
2S1046D-04700 2S1046D-04800
JAY MILLER BUILDER INC JAY MILLER BUILDER INC
PO BOX 230459 PO BOX 230459
TIGARD, OR 97281 TIGARD, OR 97281
2S1046D-04400 2S1046D-03300
JAY MILLER BUILDER INC KHALEGHI, GHASSEM AND
PO BOX 230459 NADJARAN, NAHIDEH
TIGARD, OR 97281 12780 SW 135TH AVE
TIGARD, OR 97223
2S1 04BD-01 100 2S1046D-01900
KVISTAD, RODERICK LAMB, CHARLES B AND ZADA M
EUNICE 13770 SW FERN STREET
13535 SW FERN TIGARD, OR 97223
TIGARD, OR 97223
2S1046D-01200 2S104BD-02600
LAMORA, SHIRLEY A TR AND MAGI, REIN AND MAI LILL
WILES, NICOLETTE YVONNE 12905 SW 135TH ST
13585 SW FERN ST TIGARD, OR 97223
TIGARD, OR 97223
. ' • • '
2S1048D-02700 .2S1048D-02400 •
AAAY, It1CK V NATWINSON, ROBERT M 8 CAROIRU
12945 SW 135TH AVE 13530 SW FERN ST
PORTIJ4P(D, OR 97223 TiGARD, OR 97223
251048Q04300 2S1046D-00700 ROSENBLOOM. ROBERT H& SUE D SCHMIDT, G PETER AND
13749 SW FERN ST ELAINE E
TiCARD. OR 97223 12660 SW 136TN CT
11GARD. OR 97223
2S10480-01000 2S1046Q07100
i STEELE GARY WAYNE AND TANNER, RANDALL C b JUUE M
NANC1f .lQANNE 19162 SVY.IESSICA WAY
j 12545 SW 135„H AVE ALCHik OR 97006
; „GnRD. oR 91
m
2.sl04eo4Moo 2s104e13412500
~ TEPEI, QAWB. VIESTEPQ. IICBRRY DEAN AND
i
13725 SW FEtN ST J/WICE L.EE T1GAFtD. OR 97223 13570 SW FERN S7'ftEET
11C/1fiD, OR 97223
2S101BD44500 251046D4)3100
VR1AL0. ftONALD J 3 LAURIE A WESTERMAN. lJ1RRY A AND JOOY C
' 13790 SW ROSY CT 949 ENST END AVENUE
~ T1GARD. dR 97225 P(iTSBURd1. PA 15221
}
i
~ 2510480-01400 25104804)0600
VYESTE~/AN, L/1RRY AIJODY C WHRAKER, EW W E/WD
949 EAST E'ND AVE BETTY U '
P(TTSSUFtG1. PA 15221 12665 SVII 136TH CT
TIGARD. OR 97223
a ~
~ 251048042800
; VAM EFtIN DA ,pELLE JOHN CLARRE
12WS SW 135TM qVE PO BOX 412
! TIGAtW, pR9TGOVERNMENT CAMP, OR 97028
~
i
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~
. 2S104BD-02700 ~ 2S1046D-02400 •
MAY, RICK V NATHANSON, ROBERT M& CAROL RU ,
12945 SW 135TH AVE 13530 SW FERN ST
PORTLAND, OR 97223 TIGARD, OR 97223
2S1048D-04300 2S1046D-00700
ROSENBLOOM, ROBERT H 8 SUE D SCHMIDT, G PETER AND
13749 SW FERN ST ELAINE E
TIGARD, OR 97223 12660 SW 136TH CT
TIGARD, OR 97223
2S1046D-01000 2S1046D-07100
STEELE, GARY WAYNE AND TANNER, RANDALL C& JULIE M
NANCY JOANNE 19162 SW JESSICA WAY
12645 SW 135TH AVE ALOHA, OR 97006
TIGARD, OR 97223
2S1046D-04200 2S10413D-02500
TEPEI, DANIEL VIESTENZ, KERRY DEAN AND
13725 SW FERN ST JANICE LEE
TIGARD, OR 97223 13570 SW FERN STREET
TIGARD, OR 97223
2S10413D-04500 2S1046D-03100
VRVILO, RONALD J& LAURIE A WESTERMAN, LARRY A AND JODY C
13790 SW ROSY CT 949 EAST END AVENUE
TIGARD, OR 97223 PITTSBURGH, PA 15221
2S1046D-01400 2S104BD-00600
WESTERMAN, LARRY A/JODY C WHITAKER, EVAN E AND
949 EAST END AVE BETTY M
PITTSBURGH, PA 15221 12665 SW 136TH CT
TIGARD, OR 97223
2S1046D-02800
WILDE, ERIN DANIELLE
12985 SW 135TH AVE
TIGARD, OR 97223
'i + ' • •
~
CiTY OF TIGARD
AFFIDAVIT OF MAILING OREGON
STATE OF OREGON )
County of Washington ) ss. .
City of Tigard )
, I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say:
That I am a Senior Administrative Specialist for The City of Tigard, Oregon.
X That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
_ City of Tigard Planning Director
Tigard Planning Commission
_ Tigard Hearings Officer
X Tigard City Council
A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was
mailed to each named pe~son(s) at the address(s) shown on the attached list(s), marked
~
Exhibit B, on the 23r." day of 1996; said PUBLIC HEARING
NOTICE as hereto attached, was p„ ted on an appropriate bulletin board on the n/a day
of n/a and deposited in the United States Mail on the o23 day of Q/.> .,2,-
1996, postage prepaid.
P pared Notice '
9K
Subscribed and sworn/affirmed before me on the 4: day of, 9-
,
. OFFICIAI SEAL NOTARY PUBLIC OF EG N
DIANE M JELDERKS My Commission Expir : 9 7
tNOTA RY PUB LIC-OREGON
MY COMMN E~X RES 3EPTOEMBE~R 07, 1999
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BLDG DEPT1Dave Scott, ■aa, anar POLlCa DWTJKelley Jennings OPERATIONS/John Acker, wM.sa~.
GTY ADMlINJC3thy WheaGeY, anftm►. , M0. DEPTJMIChael Anderson, o... R".we,o _ COM.DFV. DEPTJD.S.T.'S
ADV. PWGJCaroI landsman, s«,~aa,~. WATER DEPTJMIchael Mlller, oo.n~w~.»Q~oo.rwobwrw.
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. : . . . : : ; : , , . : : SPEClAC.. DISTRICiS::::;. : : . . . . . . . ; . . .
qRE IMARSMALL )CUNIRM SENIERACB ACENCY _ TUALATIN VALLBY WATER DIST.
Gene Blrchell SWM ProgrartVlee Walker PO Box 745
Wa. County Hre Dlstrict 155 N. Ftrst Street Beaverton, OR 97075
(ptdt-up box) Hlllsboro, OR 97124
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:AFFEGiED>~JURISDICT10111S:...._::
~ WA. CO. DEPT. OF LAND USS & TRANSP. ~ MfiTRO AREA BOUNDARY CONMISSION M6TRO-GRONSPACES
150 N. RrSt Avenue 800 NE Oregon St 116, Suite 540 Mel Nule (CPA'SROA's)
Hlitsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue
PaKland, OR 97232•2736
Brent Nrtls tCPA'g STATB HIOHWAY DMStON
Jim Tlce (IGA'9 Sam Hunaidl ODOT/REGION 1
Mike Borreson (EnglneeA PO 8ox 25412 Laune NlcholsoNTrans. Planning
" 5cott King cCPA'q Porttand, OR 97225-0412 123 N.W. Ranclers
Tom Harty (CUrrent Planning App's) PaRtand, OR 97209-4037
_ LYnn 8ailey (CUrrent Planning App"s) OREGON DLCO (CPA's20A'S)
1175 CouR Street, N.E. _ OTHER
CITY OF BEAVERTON Salem, OR 97310-0590
larry Conrad, Senior Planner ~ CITY OF PORTLAND
PO Box 4755 CITY OF DNRHAlIA Ptanning Dlredor
Beaverton, OR 97076 Gty Manager 1120 SW 5th
PO Box 23483 Porttand, OR 97204
ClTY OF I3NC CITY Tlgard, OR 972813483
Gty Manager CITY OF LAKE OSYVEGO
15300 SW 116th CtT1f OF TUALATIN Ctty Manager
King qty, OR 97224 PO Box 369 PO Box 369
Tualatln, OR 47062 Lake Oswego,-OR 97034
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: SPECtAE:AGENCIES:;::;:::
ZC, GENERAL TELEPHONE ELECTRlC ~ PORTLAND GENERAL ELEtTR1C COLUMBtA CABIE C0.
Jim Wfeskamp, EngineeMng Brian Moore Craig Eyestone
PO Box 23416 14655 SW Otd Scholls Ferry Rd. 14200 SW Brigadoan Court
Tigard, oR 972813416 BeaveROn, OR 97007 BeaveROn, OR 97005
NW NATURAL GAS CO. vaone ooa ri,-toa METRO ARFA COMMUNICATIONS TRl-MET TRANSIT D@VELOPMENT
Scott Palmer ~(9= 7"•:W2 Jason Hewitt Kim Knox, Prolect Ptanner
220 NW Second Avenue Twin Oaks TechnologY Center 710 NE Holladay SVeet
PoRtand. OR 97209-3991 1815 NW 169th Place S-6020 Portland, OR 97232
BeaveROn, OR 97006-4886
TCi CABLEYISION OF OREGON US WEST GOMMUNICATIONS SOIJTHERN PAGFlC TRANS. C0.
llnda Peterson Pete Nelson Ouane M. Fomey, PLS•Project Eng.
3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324
Porttand, OR 97201 Pordand, OR 97204 Unlon Statlon
Portland, OR 97209
' STATE ACENCIES:>:::: FEDEfiAL::ACENdES
11ERONAIRICS DIVISION (ODOn OIVISION OF STATE LANDS US POSTAL SERVICL
- COMMERCB DEPT.-M.H. PARK FlSH & WILDUFE Randy Hammock, Growth Cord.
PUC _ DOGAMI Cedar MIII StaUon
_ DEPT. OF EIYVIRONMENTAL pUAUTY PartlanG, OR 97229-9998
_ U.S. ARMY GORPS. OF ENGINEERS
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