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ZCA1995-00009 0 0 PAIELS FOR PROJECT GROUP # 80 0 0 0 0 P <W> 2S103AC-06100 CALHOUN, CYNTHIA L o 0 0 0 0 0 ua0 0a~ 0 0 0 0 0 0 / 0 0 0 0'' ' 0 0 ua0 0a~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ao = Principal c aaaa aaaaaaaaaaaaaaaaa a a aaaa a 0aaP ad aaaaaaai0 0 to connect with existing city street. 0 aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa "aaaa " aaa6)aaaaaaaaaaai VILW bwpmy OaZONE CHANGEaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaG 0 :ZCA95-0009: PROJECT:BECKER ANNEXATION STATUS:P UPD:05/08/98: :PLL: 0 0 APPLICANT:DAVID W BECKER PRIM..:ZCA95-0009: 0 0 SITE ADDRESS:11340 SW FONNER ST JUR...:TIG: 0 uaDESCRIPTION OF ZONE CHANGE (1)aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa~ 0 ,David Becker requested annexation of his property directly from the 0 0 Boundary Commission. NOTATION: Boundary Commission Final Order No. 3475. 0 Planning Sec. created a dummy file to serve as a place-marker for file. 0 adLOCATION 2 aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa~ 0 On the south side of Fonner Street between SW 111th Place and SW 115th 0 0 Avenue. 0 0 0 uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa' aaaaaaaaaaaaaa~ 0 TYPE OF ZONE CHANGE.: SIZE OF PARCEL(S): :acres 0 0 ORD # CURRENT ZONING: RESOLUTION NO....: 0 o REZONE FROM.......... ORDINANCE NO...... 0 0 REZONE TO............ 0 uaNOTES (3)aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa~ 0 0 0 0 aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai Press F10 to exit memo field i ~nd~'[+e~ C~~~D►DZIJ~,y,~~r ~,,D~~~Yt~~a.~-O~iJ L v411? O PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO: 3475 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3475 commenced upon receipt by the Boundary Commission of a petition from the property owners on April 28, 1995, requesting that certain property be annexed to the City. The petitions meet the requirements for initiating a proposal set forth in ORS 199.490, particularly paragraph (c) of Section (1). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on June 1, 1995. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: "(a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "(c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Communi- ty service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather 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: Na) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies; "(b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government; "(c) Provide an impartial forum for the resolution of local government jurisdictional questions; " (d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary determinations the commission shall first consider the acknowledged comprehensive plan for consistency of its action. Only when the acknowledged local comprehensive plan provides inadequate policy direction shall the commission consider the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and "(e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies. "199.462 Standards for review of changes; territory which may not be included in certain changes. (1) In order to carry out the purposes described by ORS 199.410 when reviewing a petition for a boundary change or application under ORS 199.464, a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 and the goals adopted under ORS 197.225." "(2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory: "(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 within a district may not be included within or annexed to another district subject to the same principal Act." The Commission also considered its policies adopted under Administrative Procedures Act (specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and decisions and past direct and indirect instructions of the State Legislature in arriving at its decision. FINDINGS (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commis- sion approved Boundary Change Proposal No. 3475 on June 1, 1995. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit"B" and depicted on the attached map, be annexed to the City of Tigard as of 45 days from this date which is July 16, 1995 or at what other subsequent date that the law requires (subject to the requirements of ORS 199.505). PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION n DATE: 1 BY: L U Chair ATTEST: Final Order - Page 3 Exhibit A Proposal No. 3475 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory contains .50 acres, 1 single family dwelling, an estimated population of 1, and is evaluated at $71,850. 2. The applicant is requesting annexation of the property to receive sanitary sewer service. The City of Tigard requests that SW Fonner Street, extending from the City boundary on the east to the western end of 2S1 3 AC, Lot 800 on the west, be included in the annexation to obtain control of the sanitary sewer line for the purposes of facilitating maintenance by the City and future connections to the line by residents along SW Fonner Street adjacent to the line. There are no development plans for this property. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. 4. The site is mostly level with a slight downward slope to the north on the northern half of the lot. Land use on surrounding parcels consists of single-family residences. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The territory is located within the West Tigard Community Planning area. The County's West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 7. Washington County reviewed its role in service provision in its County 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and Final Order - Page 4 Exhibit A Proposal No. 3475 expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 8. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. 9. The City of Tigard has a "city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1 , Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. 10. There is an 8-inch Unified Sewerage Agency (U.S.A.) sewer line located in SW Fonner Avenue, adjacent to the property. Upon annexation that line will transfer to the City for purposes of ownership and maintenance responsibilities. The territory is within the U.S.A. of Washington County as is the City. The Unified Sewer- age 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 mainte- nance 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. As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month plus a consumption charge of $1 .00 per 100 cubic feet of water used Final Order - Page 5 Exhibit A Proposal No. 3475 by the customer. These City charges are the same as those charged by U.S.A. in the adjacent unincorporated area. 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 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 11. The site can be served by an 8-inch water line located adjacent to the property in SW Fonner Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump,water up hill. The agreement covers the original boundary of the District, at the time of the Agree- ment/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 12. Upon annexation to the City, the territory will be automatically withdrawn from the Washing- ton County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Final Order - Page 6 Exhibit A Proposal No. 3475 Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergen- cy response in Tigard is under five minutes. 13. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 14. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 94 feet of frontage along SW Fonner Street, which is classified as a minor collector. 15. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 16. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and mainte- nance costs. 17. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: A. Cook Park, has 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the park. Improvements to the park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and natural areas and trails. B. Summerlake Park, has 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 tennis courts. C. Woodard Park, has 26 acres. It has play equipment and paths. D. Fanno Creek Park, has 20 acres. It has a large filed, play equipment, paths, and basketball and volley ball facilities. Final Order - Page 7 Exhibit A Proposal No. 3475 E. Englewood Park, has 15 acres, It has fields, play equipment and paths. F. Jack Park, 5.62 acres. Has play equipment, a shelter, paths, a basketball court and a volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest summer camps for kids. The city also provides year round classes such as crafts and painting classes for adults. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non- profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. 18. There is natural storm drainage located along SW Fonner Street, adjacent to the site. The Unified Sewerage Agency levies an annual assessment for storm drainage services of ~ $36 per dwelling unit of which $24 goes to the City. REASONS FOR DECISION Based on the Findings the Commission determined: 1. The proposal is consistent with City, County, and Regional planning for the area. 2. The City can provide an adequate quantity and quality of public services to the area. 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). Final Order - Page 8 Exhibit B Proposal No. 3475 LEGAL DESCRIPTION ANNEXATION TO City of Tigard A tract of land located in the Southeast and Southwest one-quarter of the Northwest one-quarter of section 3, Township 2 South, Range 1 West of the Willamette Meridian; Washington County, Oregon, described as follows: Beginning at the center of Section 3 T 2 S, R 1 W thence N 001 00' 00" E , along the center line of section, a distance of 462 feet to a point on the center line of S.W. Fonner Street; thence N 871 46' 00" E, along said center line, a distance of 491.0 feet to a point; thence S 000 53' 00" W, a distance of 20.00 feet to the true point of beginning, also being on the southerly right-of- way of S.W. Fonner Street; thence N 870 46' 00" E, along said southerly right-of-way, a distance of 732.72 feet; thence N 24° 32' 30" W, a distance of 21.62 feet to the center line of S.W. Fonner Street; thence S 871 46' 00" W, along said centerline, a distance of 179.98 feet to the west line of the John L. Hicklin D.L.C.; thence N 24° 32' 30" W, along said west line, a distance of 21.62 feet to the northerly right-of-way of S.W. Fonner Street; thence S 870 46' 00" W, along said northerly right-of-way, a distance of 690.19 feet; thence S 000 53' 00" W, a distance of 40.06 feet to the southerly right-of-way of S.W. Fonner Street; thence N 870 46' 00" E, along said southerly right-of-way, a distance of 64.73 feet; thence S 000 53' 00" W, a distance of 230.26 feet; thence S 890 53' 00" E, a distance of 94.00 feet; thence N 000 53' 00" E a distance of 234.12 to the true point of beginning. Final Order - Page 9 PROPOSAL ■ 3 75 SW 1 /4 NE1 /4 SECTION 3 T2S R1 W W.M. 2S 1 3AC Washington County Scale: 1 200' W i\il C ,ail 1 C H L\ . L 23-7 _ 9 2900 LLI 3000" 2Y K. 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NOTATION: Boundary Commission Final Order No. 3475. ° Planning Sec. created a dummy file to serve as a place-marker for this ° udLOCATION (2)dddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd~ On the south side of Fonner Street between SW 111th Place and SW 115th ° ° Avenue. 0 0 0 uddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd~ ° TYPE OF ZONE CHANGE.:ZCA: SIZE OF PARCEL(S): 1.0:acres ° ° ORD # CURRENT ZONING: RESOLUTION NO :N/A ° REZONE FROM :WASH :R-5: ORDINANCE NO :N/A ° REZONE TO........... :R-4.5: ° udNOTES (3)ddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd~ ° Staff added the SW Fonner roadway from Mr. Becker's property to the east ° ° to connect with existing city street. ° aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaddddddddddaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai PARCELS FOR PROJECT: Select Add Principal Delete Esc Point to desired parcel and press ENTER to select OdZONE CHANGEddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd~ ° :ZCA95-0009: PROJECT:BECKER ANNEXATION STATUS:P : UPD:05/08/98: :PLL: ° ° APPLICANT:DAVID W BECKER PRIM..:ZCA95-0009: ° ° SITE ADDRESS:11340 SW FONNER ST JUR...:TIG: ° udOdddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddGd~ NO IC,4'-1.ZD FILE, UWBER AP,PL1C-AN T --C) :Bn Li /Ys s o nl o) Return completed questionnaire to: i Center for Population Research and Census Portland State University P.O. Box 751 Portland, OR 97207-0751 I No later than September 27, 1995 for certification on September 30, 1995. A N N$ X A T I O N Q U E S T I O N 1 N A I R E City of -i i County of 1N E}r11JG~"T01J Annexation Ordinance Number or Final Order Number 3L 1 S Effective Date of Annexation -T " 16 - 19.9- NOTE: Enumeration of annexations which involve 200 or more housing units must be conducted under the supervision of the Center for Population Research and Census in order to be certified to the Secretary of State. Complete the following section if there are less than 200 housing units in this annexation. Attach completed confidential census schedules for all housing units both vacant and occupied. There must be one sheet for each inhabitable housing unit. HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION TOTAL OCCUPIED VACANT PERSONS UNITS IN SINGLE FAMILY STRUCTURES UNITS IN MULTIPLE FAMILY STRUCTURES C" MOBILE HOMES OR TRAILERS C-' TOTAL POPULATION OF ANNEXED AREA t(f1 kC Date of Certification ' y z. I CERTIFIED ( 'Z lC•~ -L~.~. TITLE TELEPHONE BY/ER 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, 725-3922. THANK YOU. i X J) J } V City of YI(v 6T A) Address HOUSING TYPE TENURE ti L, by Single Unit Structure ( Owner Occupied ( ) u~ ~~VL Multiple Unit Structure ( ) Renter Occupied Trailer or Mobile Home ( ) Vacant ( ) RESIDENTS Last Name First Name Sex Age Respondent 2. 3. 4. 5. 6. 7. 8. 9. 10. Portland State Universitv School of Urban and Public Affairs Center For Population Research and Census 725-3922 NOTICE TO TAXING DISTRICTS ORS 308.225 r This is to notify you that your boundary OREGON DEPARTMENT OF REVENUE CaYt09T•ar-hic Unit change in Washit-strin County, for 955 Center Street NE ANNEX TO THF. CITY OF Salenlr OR 97310 TIGARD. WITHDRAW FROM (503) 945•-8297 WASHINGTON CO. SERV. FAX (503) 945--•8737 DIST 0 1 TDD (503) 945•••8617 FINAL. ORD. 3975 has been: CITY OF TIGARD ® Received 7-19•"95 FINANCE DIRECTOR 13125 SW HALL BLVD TIGARD OR 97223 X❑ Approved 7-27 95 Notes: ❑ Disapproved (see notes) FOR MAPPING UNIT AND ASSESSOR USE ONLY Department of Revenue file number: DOR 34•--1077 95 dike 1-Iucthes Boundary: © Change ❑ Proposed change ❑ Planned change The change is for: ❑ Formation of a new district ® Description ® Annexation of aterritory to a district C1 Map ~X DESCRIPTION AND MAP APPROVED ~ ® Withdrawal of a territory from a district 7"'27•-95 # ❑ Dissolution of a district AS PER ORS 309.225 ❑ Transfer ❑ Merge Received from: P . M o R . C . 150.303-039(Rev.12-93) Distribution: White -taxing dial. Canary -county assessor Pink- Dept. of Revenue Goldenrod -county commissioners or County Court/Boundary Commission (if appropriate) CITY OF TIGARD OREGON August 9,1995 Mayor Jim Nicoll David Becker City Council 11340 SW Fonner Wendi Conover Hawley Tigard, OR 97223 Paul Hunt Bob RohH Dear Mr. Becker: Ken Scheckla We received official notification that the annexation proposal at the above address became final. The effective date of the annexation was January 29, 1995. A copy of the Boundary Commission's Final Order is enclosed. Also enclosed is our citizen packet, which we hope will be helpful to you. On behalf of the City Council, I welcome you to the City of Tigard. The County Elections Department has been notified; they will update your voter registration so you can vote on Tigard issues and candidates. Emergency public safety services can be reached by dialing 9-1-1. The Fire District continues to serve you as before. The Tigard Police Department will now respond instead of the Sheriffs Department. Please call the Police Department for any public safety concerns you may have.' Tigard is proud of its well-run facilities. Street maintenance and sewer line services are provided by the City. Unified Sewerage Agency is responsible for sewage treatment through a contract with the City. Your sewer billing will be handled through a City billing process instead of through the County tax bill. Water service will continue through the Tigard Water Department as before. The City of Tigard's Library and its association with the Washington County Library Service offers you first-rate library service and access to just about any subject. Our Finance and Administration Departments are oriented to good citizen service and we ask that you not hesitate to call 639-4171 if you have any questions or concerns. Once again, I wish you a sincere welcome. Sin4sNWii coli y or enclosures h:lloginljolwelcome - 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:: ~ 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 ~S PSU Center For Population Research 464-3947 Individual census form to be filled out for each address when interviewing residents at their homes. If annexation area comes in close to end of the quarter (March 31, June 30, September 30, December 31) get census certified to Portland State approximately one week prior to these dates to allow state-shared revenue to be received for the next full quarter. If census to be done through PSU, call and schedule census to be completed as soon as possible. Negotiate contract and get necessary signatures. Check with Recorder for any Local Contract Review Board involvement requirements. 3. Make 25 copies of Final Order. 4. Prepare department distribution of Final Order w/map. Chief of Police - Ron Goodpaster Engineering - Planning - Ray Valone Accounting - Amanda Bewersdorff Building Official - David Scott Librarian - Kathy Davis Community Development - Nels Mickaelson City Recorder - Cathy Wheatley 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 7 '3 5. Notify agencies of annexation (see list attached). Letters must be sent by certified mail to: General Telephone Co.; Pacific NW Bell Telephone; NW Natural Gas; Unified Sewerage Agency; MACC; Portland General Electric; Tualatin Valley Water District; Pride Disposal; Miller's Sanitary Service, Inc.; Schmidt's Sanitary Service. Only send letter to OLCC if a liquor license outlet is involved. Date " 6. Send Mayor's welcome letter to newly annexed citizens at each address (include New Citizen Packet with letter). (Also check with City Recorder if annexation 90 days before primary or general election on even years or 34 days prior to any special election date.) Date 7. If the area being annexed has a hotel or motel, notify Washington County for receipt of Transit Room Tax. Date 8. If there are businesses in the newly annexed area notify Business Tax Coordinator for the City. Date T- 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 " Z z 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 i h:\logln\ o\annexpro.1 Revised 03/95 Z 076 149 101 P 003 229 774 Receipt for Receipt for Certified Mail Certified Mail . No Insurance Coverage Provided No insurance coverage Provided Do not use for International Mail waTE~.s Do not use for international mail (See Reverse) oosTAl sEmcE p (See Reverse) ~ set 11 ~ ~ f ^ n~ l Se t toY, ` e Stre and IN dam( 'S. {ree and o r V(/G C . 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Date, and t Return Receipt Showing to Whom, C C TOTAL Postage . , Date, and Addressee's Addres'st Fees & Fees Postage '3 ` t Postmark or: Date o' Postmark or Date CID CV) E IUL a~ Z 045 320 73 P 0 773 l (Dal Receipt f® eil9~For rtified M~a'I' Certified ~ No Insurance Cov nsuratl~ ~ge Coverege Provided uE Do not use for Intern t~ o of u¢ for-International Mail •OStGI SERyCE k~ .4 Reverse, 4Y (See Reverse) ( e,~t,ttq~ t to c.: p~ j56v Tel . to 't(u eei a o. `Vt• T 0 State and ZIP Code P.O., Sta and ZIP Cod, ' S lUO3 S- ff WA A p V'~Vl•~~ ~ Postage / Posta ~A1 @- 1 -7 ~f Certified OAT t q~ j I C 6 V rffi $ 1 Spe al D very Fee U Delive q' A Re t liv F I Re I~ve -0 (Lr V) t R' a ipt Showin A,~1 Retum Rece ing to to W r*~. r¢D Of to Whom & Date Deliver p 6 t Return R do o Whom, Return Receipt Sho ng t Date, and Addressee's Address ? 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Addressee's Address (Only if requested w M and fee is paid) c t I- W 1 atuCe pA nt► ~ ~I IN 4 PS Form 3811, December 1991 OU.S. GP01993-3s2-714 DOMESTIC RETURN RECEIPT y July 31, 1995 FINAL ORDER ON ANNEXATION 3475 (BECKER) Attached is the final order on Annexation 3475 (Becker), effective June 1, 1995. Census information is as follows: Final Order 3475: Owner: David Becker 2S103AC-02100, 1 SF dwelling 11340 SW Fonner Est. population - 1 Tigard, OR 97223 Please call if you have any questions. Ray Valone Community Development Department attachments jig/annexmer.2 MEMORANDUM' CITY OF TIGARD, OREGON TO: Ron Goodpaster, Amanda Bewersdorff, Nels Mickaelson, Cathy Wheatley, Randy Wooley, Randy Volk, David Scott, Kathy Davis FROM: Ray Valone DATE: July 31, 1995 SUBJECT: Final Order on Annexation 3475 (Becker) Attached is the final order on Annexation 3475 (Becker), effective June 1, 1995. Census information is as follows: Final Order 3475: Owner: David Becker 2S103AC-02100, 1 SF dwelling 11340 SW Fonner Est. population - 1 Tigard, OR 97223 hAlo9in\J 'erree\annexmem PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL NO: 3475 Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3475 commenced upon receipt by the Boundary Commission of a petition from the property owners on April 28, 1995, requesting that certain property be annexed to the City. The petitions meet the requirements for initiating a proposal set forth in ORS 199.490, particularly paragraph (c) of Section (1). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on June 1, 1995. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: Na) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. "(c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Communi- ty service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather 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 questions; " (d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are in conformance with state-wide planning goals. In making boundary determinations the commission shall first consider the acknowledged comprehensive plan for consistency of its action. Only when the acknowledged local comprehensive plan provides inadequate policy direction shall the commission consider the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and "(e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies. i "199.462 Standards for review of changes; territory which may not be included in certain changes. (1) In order to carry out the purposes described by ORS 199.410 when reviewing a petition for a boundary change or application under ORS 199.464, a boundary commission shall consider local comprehensive planning for the area, economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application under ORS 199.464 and the goals adopted under ORS 197.225." "(2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory: Na) Territory within a city may not be included within or annexed to a district without the consent of the city council;' "(b) Territory within a city may not be included within or annexed to another city; and Final Order - Page 2 I "(c) Territory within a district may not be included within or annexed to another district subject to the same principal Act." The Commission also considered its policies adopted under Administrative Procedures Act (specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and decisions and past direct and indirect instructions of the State Legislature in arriving at its decision. FINDINGS (See Findings in Exhibit "A" attached hereto). REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commis- sion approved Boundary Change Proposal No. 3475 on June 1, 1995. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit"B" and depicted on the attached map, be annexed to the City of Tigard as of 45 days from this date which is July 16, 1995 or at what other subsequent date that the law requires (subject to the requirements of ORS 199.505). PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION DATE: , BY: U Chair ATTEST: Final Order - Page 3 • Exhibit A Proposal No. 3475 FINDINGS Based on the study and the public hearing the Commission found: 1. The territory contains .50 acres, 1 single family dwelling, an estimated population of 1, and is evaluated at $71,850. 2. The applicant is requesting annexation of the property to receive sanitary sewer service. The City of Tigard requests that SW Fonner Street, extending from the City boundary on the east to the western end of 2S1 3 AC, Lot 800 on the west, be included in the annexation to obtain control of the sanitary sewer line for the purposes of facilitating maintenance by the City and future connections to the line by residents along SW Fonner Street adjacent to the line. There are no development plans for this property. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. 4. The site is mostly level with a slight downward slope to the north on the northern half of the lot. Land use on surrounding parcels consists of single-family residences. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The territory is located within the West Tigard Community Planning area. The County's West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 7. Washington County reviewed its role in service provision in its County 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and Final Order - Page 4 Exhibit A Proposal No. 3475 expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 8. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. 9. The City of Tigard has a "city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1 .1, Citizen Involvement; 10.1 . 1 , Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. 10. There is an 8-inch Unified Sewerage Agency (U.S.A.) sewer line located in SW Fonner Avenue, adjacent to the property. Upon annexation that line will transfer to the City for purposes of ownership and maintenance responsibilities. The territory is within the U.S.A. of Washington County as is the City. The Unified Sewer- age 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 mainte- nance 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. As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month plus a consumption charge of $1.00 per 100 cubic feet of water used Final Order - Page 5 • Exhibit A Proposal No. 3475 by the customer. These City charges are the same as those charged by U.S.A. in the adjacent unincorporated area. 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 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 11. The site can be served by an 8-inch water line located adjacent to the property in SW Fonner Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agree- ment/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 12. Upon annexation to the City, the territory will be automatically withdrawn from the Washing- ton County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Final Order - Page 6 Exhibit A Proposal No. 3475 Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergen- cy response in Tigard is under five minutes. 13. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 14. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 94 feet of frontage along SW Fonner Street, which is classified as a minor collector. 15. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 16. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and mainte- nance costs. 17. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: A. Cook Park, has 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the park. Improvements to the park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and natural areas and trails. B. Summerlake Park, has 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 tennis courts. C. Woodard Park, has 26 acres. It has play equipment and paths. D. Fanno Creek Park, has 20 acres. It has a large filed, play equipment, paths, and basketball and volley ball facilities. Final Order - Page 7 I Exhibit A Proposal No. 3475 E. Englewood Park, has 15 acres, It has fields, play equipment and paths. F. Jack Park, 5.62 acres. Has play equipment, a shelter, paths, a basketball court and a volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest summer camps for kids. The city also provides year round classes such as crafts and painting classes for adults. I There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non- profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. 18. There is natural storm drainage located along SW Fonner Street, adjacent to the site. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. REASONS FOR DECISION Based on the Findings the Commission determined: 1 . The proposal is consistent with City, County, and Regional planning for the area. 2. The City can provide an adequate quantity and quality of public services to the area. 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). i Final Order - Page 8 I~ Exhibit B Proposal No. 3475 LEGAL DESCRIPTION ANNEXATION TO City of Tigard A tract of land located in the Southeast and Southwest one-quarter of the Northwest one-quarter of section 3, Township 2 South, Range 1 West of the Willamette Meridian; Washington County, Oregon, described as follows: Beginning at the center of Section 3 T 2 S, R 1 W thence N 000 00' 00" E , along the center line of section, a distance of 462 feet to a point on the center line of S.W. Fonner Street; thence N 871 46' 00" E, along said center line, a distance of 491.0 feet to a point; thence S 001 53' 00" W, a distance of 20.00 feet to the true point of beginning, also being on the southerly right-of- way of S.W. Fonner Street; thenceN 871 46' 00" E, along said southerly right-of-way, a distance of 732.72 feet; thence N 240 32' 30" W, a distance of 21.62 feet to the center line of S.W. Fonner Street; thence S 870 46' 00" W, along said centerline, a distance of 179.98 feet to the west line of the John L. Hicklin D.L.C.; thence N 241 32' 30" W, along said west line, a distance of 21.62 feet to the northerly right-of-way of S.W. Fonner Street; thence S 870 46' 00" W, along said northerly right-of-way, a distance of 690.19 feet; thence S 000 53' 00" W, a distance of 40.06 feet to the southerly right-of-way of S.W. Fonner Street; thence N 870 46' 00" E, along said southerly right-of-way, a distance of 64.73 feet; thence S 000 53' 00" W, a distance of 230.26 feet; thence S 890 53' 00" E, a distance of 94.00 feet; thence N 000 53' 00" E a distance of 234.12 to the true point of beginning. 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" "O ' .7A= - • 4 2300 •3000 3 ii.e .u• 1305 = .1 3100 a.ae 20 4700 3 42 f 21 37 a .a3zoo " • ae •+rq• •a 0 a 8 4600 r 8350 3a00 930 ° a S , yC~ M1e36Q0 e3 q 23 e..Ti 4500 44 0 809 „ 3700++ SA " • ^ 35 R i .4300° , 4400 { 1306 • ' 4200 • g 34 -To 45 7R4C7"f~ aa•Oa'• a "<r. ° 4000 4100 5 32 3 e Boo A NEx ED 2H r.-' g1o 50 _ ,e a eto U 17 f1it4L r4=Nt'" lee y,pua. 4Rae \ 7 i 3475 pOPDSALN R - IGARD ANNNEXA-ION FIGURE 2b June 1, 1995 Hearing PROPOSAL NO. 3475 - CITY OF TIGARD - Annexation Petitioner: David W. Becker 90th Day: July 27, 1995 Proposal No. 3475 was initiated by a petition of the property owner. The petition meets the requirements for initiation set forth in ORS 199.490(1)(c) [owners of 50% of the land area annexation law]. If the Commission approves the proposal, the boundary change will become effective 45 days from the date of the decision subject to the provisions of ORS 199.505 and 199.519. The territory to be annexed is located generally in the west part of the city, on the south edge of SW Fonner Street, east of SW 115th Avenue. The territory contains .50 acres, 1 single family dwelling, an estimated population of 1, and is evaluated at $71,850. REASON FOR ANNEXATION The staff report received from the City of Tigard states: "The applicant is requesting annexation of the property at 11340 SW Fonner Street... to receive sanitary sewer service. The City of Tigard requests that SW Fonner Street, extending from the City boundary on the east to the western end of 2S1 3 AC, Lot 800 on the west, be included in the annexation to obtain control of the sanitary sewer line for the purposes of facilitating maintenance by the City and future connections to the line by residents along SW Fonner Street adjacent to the ne." There are no development plans for this 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 problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. Proposal No. 3475 - Page 1 LAND USE PLANNING Site Characteristics. The site is mostly level with a slight downward slope to the north on the northern half of the lot. Land use on surrounding parcels consists of single-family residences. Regional Planning. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washington County Planning. The territory is located within the County's West Tigard Community Planning area. The West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. County 2000. Washington County reviewed its role in service provision in its County 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. Urban Planning Area Agreement. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: "A. Active Planning Area "1. Definition "Active Planning Area means the incorporated area and certain unincorporat- ed areas contiguous to the incorporated area for which the CITY conducts Proposal No. 3475 - Page 2 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. 115. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. "6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. "7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area." "IV. Amendments to the Urban Planning Area Agreement B. Prior to the commencement of periodic review for the City of Tigard and the County's Urban Areas (April, 1989), the CITY and the COUNTY shall mutual- ly study the following topics: 111. The feasibility of expanding the "active planning area" to include the current "area of interest" and assigning land use planning responsibil- ity to the CITY. "2. The feasibility and cost-effectiveness of the CITY and the COUNTY contracting to provide building inspection and plan review services, administer development codes and collect related fees within the active planning area. Proposed revisions to this Agreement shall be considered by the CITY and the COUNTY as soon as analysis of the above topics is com- plete, subject to the time constraint and other requirements of the COUNTY's land use ordinance hearings and adoption process. C. The parties will jointly review this Agreement every two (2) years, or more frequently if mutually needed, to evaluate the effectiveness of the processes Proposal No. 3475 - Page 3 set forth herein and to make any necessary amendments. The review process shall commence two (2) years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve any inconsistencies that may have developed since the previous review. If, after completion of the 60 day review period inconsistencies still remain, either party may terminate this Agreement." City of Tigard Planning. The City of Tigard has a "city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. Policy 7.1.2 states that as a pre-condition to development the City shall require that: "a. Development coincide with the availability of adequate service capacity including: 111. Public water; 2. Public sewer shall be required for new development within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is ob- tained; and "3. Storm drainage. "b. The facilities are: 1. Capable of adequately servicing all intervening properties and the proposed development; and "2. Designed to city standards C. All new development utilities to be placed underground." The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. For the Boundary Commission's reference the annexation policies of the City's Plan, Policies 10.1.1 and 10.1.2 are provided here: 10.1 Prior to the annexation of land to the City of Tigard: "a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: "ll. water; "2. sewer; "3. drainage; "4. streets; Proposal No. 3475 - Page 4 "5. police; and 16. 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; "b) sewer; "c) drainage; and "d) streets. 10.1.2 Approval of proposed annexations of land by the city shall be based on findings with respect to the following: "a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or "b. The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; C. The police department has commented upon the annexation; "d. The land is located within the Tigard urban planning area and is contiguous to the city boundary; "e. The annexation can be accommodated by the services listed in 10.1.1(a). "10.1.3 Upon annexation of land into the city which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation." FACILITIES AND SERVICES Sanitary Sewer Service. There is an 8-inch Unified Sewerage Agency (U.S.A.) sewer located in SW Fonner Avenue, adjacent to the property. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Proposal No. 3475 - Page 5 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. As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month plus a consumption charge of 51.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by U.S.A. in the adjacent unincorporated area. 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 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. When the sewer line is annexed to the City, the City will take over ownership and maintenance responsibility for the line. Water Service. The site can be served by an 8-inch water line located adjacent to the property in SW Fonner Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovern- mental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Proposal No. 3475 - Page 6 Council on water service issues. The District agreed to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agreement/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the, City charges $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. Police Service. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. Fire. The territory is within the Tualatin Valley Fire dnd 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 $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 94 feet of frontage along SW Fonner Street, which is classified as a minor collector. 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. The Proposal No. 3475 - Page 7 District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. Parks and Library. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: 1. Cook Park, has 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the park. Improvements to the park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and natural areas and trails. 2. Summerlake Park, has 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 tennis courts. 3. Woodard Park, has 26 acres. It has play equipment and paths. 4. Fanno Creek Park, has 20 acres. It has a large filed, play equipment, paths, and basketball and volley ball facilities. 5. Englewood Park, has 15 acres, It has fields, play equipment and paths. 6. Jack Park, 5.62 acres. Has play equipment, a shelter, paths, a basketball court and a volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest summer camps for kids. The city also provides year round classes such as crafts and painting classes for adults. There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non-profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy Proposal No. 3475 - Page 8 are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. Storm Drainage. There is natural storm drainage located along SW Fonner Street, adjacent to the site. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. RECOMMENDATION Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit A, the staff recommends that Proposal No. 3475 be approved. Proposal No. 3475 - Page 9 PROPOSAL ■ cf. nosuca at ~ ~ _~ts . y cu.o..r c[. sw.fwo[ w[ S pl, G g fw.=~ yyJJ tvtv'~ °fl s $ HYIY olt yu ~ _ col towi•A J 8~ scwm s DDD ~Ig CDYL~ cwl C/. I CI ( 11 l cr. y J ' wc. a•M •1•[t 1Y[. / L a RM, ct. ra.[Im tw ~ 4 ' c uas u.wtawr. I. s I, c! I IwD r • u 5 Cr r •crt . u _ cr. fi rf. wUlw D. . sr r IIDaM a01• SI. i.. wawa. rs . „ 51 a , r y g voir ca' - f , TIGARD n s" C tSt ow. t1 cr [la slat o°'~ r. . rl aai sr. ws owoII w[.oo. II •l al •IKa I. ,a Af 4 w" sI. I~ a "IK Si, [ Sf r arq~~ ww."t all ■0.tS > y - - ,w I. •ww 1 ~'g www SI. rpt~4 r. ryt n ~ t l0a•~ - •r[ a• •Sr. / R. / L SI. .!•~•.r / r t4 Sl. c - v..w, d y f > wsw Q • c tr - ~ s I i ri [ala sr •r aoti c J Ji u... ' IS •'[c(' C tltlllf • tiV t'ft ii ~tr t1 Cu1wCw r 4 „ forts" SI. It f ~a+• _ IoI w ~ ~ _ " w c[. Y a of cr. 0 ~ sl. r AREA TO BE _.s~r_ wrtc 8 _ - - r S ! coh] • . / ANNEXED Y Q tt'S ~ ft-4. vl " tw. S ti • "DS[ r ~ it I cf. f t tw. ~ rua [ w `K_~o l u, o we w o • i ar ~r ~ ~C.• ucr• . h Ct. C tr cI 1 rtus .K D. R C r - ,s AREA SHOWN • Z. ABOVE o - PROPOSAL NO. 3475 CITY OF TIGARD ° -r ANNEXATION FIGURE 1 PROPOSAL ■ 3 75 SW1/4 NE1/4 SECTION 3 T2S R1W W.M. Washington County 2S 1 3AC 1,) Scale: 1 200' 1.1 23 -7 C)` J\d C Jail 1 C ri r1 > 9 lil .n•,a s.w / 2900 :as,• j 1." C) . 3400 SOr f 7 W ur 7 ua.w, ,•,.,o, 4 " • Q 3000 2700 2600 2 ZOZ 2.59 dc. Q `6 ao os dC 17 6 V W 3500> /.JS 3200 r r (,I -r3 u) 4700 6 1 ^ 36001 , 3100 3300 : G1 461 1 3 g 4 L1 = 5 u 00 4500 14 f- 36ooL~' r~ ";~.M?'•~~•••`~RROC-~" STREET: ~a, N, wiSM (:'I ea6T G Lot w 44 , t io• 102 10 LC MO E,0.T5 13 ~1 r ( 3900 4000 `l ..,w<"."., PROPOSAL NO 5 4100 9 ...e•a 3475 ~ 4200 10 1J.J~ • •p°O<. CITY OF TIGARD 00\; 11 900 ANNEXATION - FIGURE 2a EE MAP - .2 I 1 38 1000 / •1 ~'ni•oi'i i>+i' 23-78 iloa : 1501 .05,4c. .•'a ,oo - ,2r••-• 1 •wo • ,e - .JId< c 1300 1401 0,060. f., 3,44 WA, •,e,o e~ S 1303 ,1• ' 1304 '1502 .J..c !•~c. .JId: s" n 1'00 - ./adr $'e . aa. :••.y:•: :is tt~~•s•-ffti:v:{:•:3 r i ::T•:'S•::::::::: 2<2300 2200 2101 ••2 i00:~'~~ 2000 1900 IB00 1701 1600 NU„ • .6#AQ 0e4.c. 0.426a •.9.a0 (t: 2.e3ac 04u• .30A. i app.< Less, h 2400c I 0A, r - - ,•n•• • 1 2600 1 _I 5 I , ,JLc - -71 A 1700 /.d4dc -74 b :I ee•. ,ae, I i i tl 25 1 306 ~ a•. •w<„ .J i • 347 2S 3 AD 0 B S 0 TION 3 T2S RAW ~V.M 4 SEC SE114 NE11 countY h w T •,t4 wasyOgton 251 3°' 2?j-i I71t1 ' ,a 1 ~ 107 ,STREET 00u tN.,. g .,sK , 1 t Scale. ~ .19 RpL , " Zoo R , 401 C..LA 404 _ l1q. , 400 703 A A, .i 105 ue.•, 31 TAL. p 103 JdAl . li y06 S0 Art « •l 3 j,A°. t06 15 •isAt. ,ea 50 .17A,. - 40'AC 'i.StA,. 02 *1K. 1 - / 5 j fu. 1 1 J r~ b 1 f ,p= i ~ r ~ „ r .oK RncT \ ,.y r~ a02 , 4 ~ ~ T 1 K a,+ , wo 5• q q09 1 • 4 j '•t 6000 3 g A,. , SI 610p 4 10 .,000' 6 a'a / 6200 ~S 5 , , • y 1 -1, :.4 40t 1 p 600 'i •t00''}~3 ,a Asti 6 \ 'f\~ as ,.I \ R a K, AfK. G.ISA,. = 83 t .L 4. `..a M0Te0 9 i $00 5800• 1 -pl ~t,~:~ e.A ~j~ ° o 'TR SE• yACw•t. m iy, `°~'a . ' R a 1 . ,o~• 0 ' ~Q P•{ 25 q 4 01300+ ~ a a ,ry A a 57 S .2 11 \ 6 4~' .~a~ °T T, 0• $ • 0 F 'b a„s 1 d' •j4~ 65 2_ a ~ e 5600 2 2 1 ,t 1500 i 41 b tf00 f'0. S ~ g '•o. .+'(n 0 `•5tS ,o 'LF ~ 1600 .e 0 12 0, 7 Q SOOp q 6700 ° ` e" o ~4. Z , ~9•• ~ ^ ° n a p •26o g :Anv 13 w + M•e _ j800• °r Q t Ig = C 00 C r..• { • \ a \ e» L,•'ee „ r e 4'• _49 39 ,°5« 3° i• a,• '•1500 2500. 29 .1" 1103 10 is ,BILK o ~'ae. ,2'00 wa „ p ~^fl:• • • • 801s.. • py02 ' ana ~:S 11 .q ,o^ ..4° 15 o. 46 3 ie:o•.a•.o•"i° ' .i •gp5+ • '•i 2300/~► +SOoo 3100• ..ao 11 e •1 ;.P~ 5' O l °r pRD> 20 42 4700 `9 ••F. 2'1 2100 e ~ awo a 23 ''a A' / L~ ~~a •'s20O• ••OO • ~,.•,l• a 300 8 •a6 606 a3 i ? Ir / °;o • 3500 3400 3 $ a .o 2 io3600 i 25 4 4 3 gp7 a a 6 e , .4500 44 ° 80 o. • 3700 a.° ' o ` ' CJ W. 35 .430=4400'. 608 b , e 4200 ,8 :a 340 .a © p TRGCT..f~ aa•O.. 4100 ~ -8 r G] 4p00 32 + 50 it 2 p,NN Bt0 - 29 i 9 ° • ,our:.. . n N~ 0 3475 PROPOSAL- Z IGPARD CITY ANION ANNEX 2b FIGURE Exhibit A Proposal No. 3475 FINDINGS Based on the study and the public hearing the Commission found: 1 . The territory contains .50 acres, 1 single family dwelling, an estimated population of 1, and is evaluated at $71,850. 2. The applicant is requesting annexation of the property to receive sanitary sewer service. The City of Tigard requests that SW Fonner Street, extending from the City boundary on the east to the western end of 2S1 3 AC, Lot 800 on the west, be included in the annexation to obtain control of the sanitary sewer line for the purposes of facilitating maintenance by the City and future connections to the line by residents along SW Fonner Street adjacent to the line. There are no develop- ment plans for this property. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrange- ments in the long term. 4. The site is mostly level with a slight downward slope to the north on the northern half of the lot. Land use on surrounding parcels consists of single-family residences. 5. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 6. The territory is located within the West Tigard Community Planning area. The County's West Tigard Plan states: "The West Tigard Planning Area has been identified as part of the City of Tigard 'Active Planning Area.' Under the active planning concept, a City accepts planning responsibilities for areas outside of its corporate limits because the City feels the area will ultimately have to annex in order to receive urban services for development. Although most of the West Tigard Planning Area will have to rely on the City for urban services, some portions may be able to obtain the services for urban development required by the County urban growth management policies through service districts other than the City. Because of this possibility for development in both the City and the County, Washington County has agreed to adopt a plan for the area Findings - Page 1 of 6 Exhibit A Proposal No. 3475 which is consistent with the comprehensive plan developed and adopted by the City of Tigard." The site is designated R-5, 5 units per acre with a minimum lot size of 5,000 square feet. Washington County has a single designation for planning and zoning. 7. Washington County reviewed its role in service provision in its County 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 8. The City of Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive Plans. The UPAA sets out an "Active Planning Area" within which the City assumes responsibility for land use planning, and an "Area of Interest" in which the County agrees to coordinate its planning because of the potential impacts on Tigard. This proposal falls within the "Active Planning Area" as designated in the UPAA. 9. The City of Tigard has a "city limits" plan. The County's plan and ordinances remain applicable unless the City takes other action after the annexation is effective. The City has policies requiring new development to be serviced with sewer and water. The Tigard Comprehensive Plan Polices relevant to this case are polices 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria. The pertinent Tigard Community Development Code sections are Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification. 10. There is an 8-inch Unified Sewerage Agency (U.S.A.) sewer line located in SW Fonner Avenue, adjacent to the property. Upon annexation that line will transfer to the City for purposes of ownership and maintenance responsibilities. The territory is within the U.S.A. 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 Findings - Page 2 of 6 Exhibit A Proposal No. 3475 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. As of July 1, 1995, monthly sanitary sewer user charges are proposed to rise to a base rate of $14.59 per month plus a consumption charge of $1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by U.S.A. in the adjacent unincorporated area. 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 1994-95 tax year is $.0681 per thousand assessed value, would remain the same since the City is in the District. 11. The site can be served by an 8-inch water line located adjacent to r Y ~ the property in SW Fonner Street. The territory is within the boundary of the Tigard Water District. The City of Tigard, which used to be served by the District, has withdrawn the territory within the City from the District and established a Tigard Water Department. The City of Tigard has an intergovernmental agreement with the Tigard Water District which provides for services within the District by the City. Tigard also has an agreement with Durham and King City, which have also withdrawn from the District, to provide water services within those cities. Subsequent to annexation, it is the intent of the City to withdraw the territory from the District as provided for in ORS 222. The term of the City/District agreement is until December 31, 2018. The City of Tigard has established an Intergovernmental Water Board (IWB) consisting of five members: one from each of the city councils (Tigard, Durham, and King City) and from the Tigard Water District Board, plus one at-large member. The IWB makes recommendations to the City Council on water service issues. The District agreed Findings - Page 3 of 6 Exhibit A Proposal No. 3475 to transfer to the City of Tigard assets that are necessary to the operation of the City's water system, including water supply contracts, but to retain its other assets located within the remaining district. All District employees were transferred to Tigard. The District agreed that the Tigard Water Department would manage all the assets. If the District or Durham or King City terminate their agreement with Tigard, the system assets will be proportionately distributed. The agreement provides that the fees, rates and charges for water service to the District, Durham and King City will be the same as those charged within Tigard. However, the charges may be higher when the cost of providing service is higher because of unusual circumstances, including added costs to pump water up hill. The agreement covers the original boundary of the District, at the time of the Agreement/withdrawals. It specifically provides that Tigard has no obligation to serve water to areas annexed to the District after the date of the agreement. Currently the City charges $14.30 for the first 800 cubic feet of water and then $1.32 per additional 100 cubic feet of water. 12. Upon annexation to the City, the territory will be automatically withdrawn from the Washington County Enhanced Sheriff's Patrol District and the District's $ .8367 per thousand property tax will no longer be levied against the territory. The County Service District provides a level of service of .51 officers per 1000 population which in addition to the general County level of .43 officers per 1000 population means that the current level is .94 officer per 1000 population. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.3 officers per thousand population. Emergency response in Tigard is under five minutes. 13. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 14. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory will be automatically withdrawn from the District and the District's levy of $.3229 per $1000 assessed value will no longer apply to the property. The parcel has approximately 94 feet of frontage along SW Fonner Street, which is classified as a minor collector. 15. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. Findings - Page 4 of 6 Exhibit A Proposal No. 3475 16. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. The District does not provide street lights in the subject territory. Upon annexation it will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. 17. Tigard operates a park system funded through its tax base which finances the general fund. Tigard has 6 developed recreation park sites as follows: 1. Cook Park, has 51 acres. It is the City's largest park and is located on the Tualatin River. The site is heavily wooded along the river and the southeast portion of the park. Improvements to the park include ball fields, play equipment, paths, shelters, cooking facilities, a boat launch and natural areas and trails. 2. Summerlake Park, has 27.82 acres. It has a shelter, cooking equipment, paths, ballfields and 2 tennis courts. 3. Woodard Park, has 26 acres. It has play equipment and paths. 4. Fanno Creek Park, has 20 acres. It has a large filed, play equipment, paths, and basketball and volley ball facilities. 5. Englewood Park, has 15 acres, It has fields, play equipment and paths. 6. Jack Park, 5.62 acres. Has play equipment, a shelter, paths, a basketball court and a volleyball facility. Tigard does not provide swimming pools, which are provided by the Tigard School District. Tigard provides recreation programs (through a contract with a private company). The programs provided include tennis, basketball, soccer, volleyball and other special interest summer camps for kids. The city also provides year round classes such as crafts and painting classes for adults. Findings - Page 5 of 6 Exhibit A Proposal No. 3475 There are eleven public libraries in Washington County, nine of which are provided by cities, including Tigard. The two unincorporated area libraries are in West Slope and Cedar Mill. The West Slope Library is a county library and the Cedar Mill Library is operated by a non-profit corporation. The Washington County Cooperative Library System (WCCLS) levies a tax of $0.3826 (fiscal year 1994-95) on all properties in Washington County. The revenues from this levy are allocated to each of the eleven libraries based on circulation. City residents pay, through their City taxes, an additional amount to support their libraries. 18. There is natural storm drainage located along SW Fonner Street, adjacent to the site. The Unified Sewerage Agency levies an annual assessment for storm drainage services of $36 per dwelling unit of which $24 goes to the City. REASONS FOR DECISION Based on the Findings the Commission determined: 1 . The proposal is consistent with City, County, and Regional planning for the area. 2. The City can provide an adequate quantity and quality of public services to the area. 3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR 193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-015). Findings - Page 6 of 6 PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 800 NE OREGON ST #16 (STE 540) PORTLAND, OR 97232-TEL: 731-4093 NOTIFICATION OF BOUNDARY CHANGE PROPOSAL DATE: May 9, 1995 TO: City of Tigard ATTN: Ray Valone, Planning The Boundary Commission has received a proposal (No. 3475) to annex certain territory to the City of Tigard. The area involved is shown on the attached map. Basic information on this proposal is as follows: Area: 0.50 acres Existing Land Use: Single family dwellings 1 Multi-family units 0 Commercial structures 0 Industrial structures 0 Other Total Estimated Population: 1 Current Assessed Value: $71,850.00 Current Zoning: County R-5 Reason For Annexation: Applicant wishes to annex to the City in order to obtain sanitary sewer service for current residence. Proposed Development: None. If you wish to make written comments or recommendations, please present a letter to this office no later than May 22, 1995, or attend the Public Hearing on the above matter, to be held on Thursday, June 1, 1995 at 7:00 p.m. in Room 602, Multnomah County Courthouse, 1021 SW 4th Ave., Portland, Oregon. Kenneth S. Martin I Executive Officer KSM/dw enc. 1 • r PROPOSAL ■ 3 75 SW 1 /4 NE 1 /4 SECTION 3 T2S R 1 W W.M. 2S 1 3AC Washington County r,) Scale: 1 200' 23-7 0` MC Ail1CHA\ 1 so' 9 W '0 .•u n•o / 2900 U .3400 1 7 Z ue.o+ ax.,or 4 „ . Q 3A1 3000" 2': ~0 2800 7 l.991t ..sn 202 2) 7 K. J Les nr. o, .n~ • Y W 3500a 3200 G TI f3 4700 ~ 4 LLi _ ' 6 F=-• ~ a ^ 3600, 3300 3100 46 X/- 15 .'I 00 ' fn a Ltl so' 4500 TIGARD `m~ ux.,eJ nr.,ei 14 i. - 3eooL0 ......STREET r...r Ott' L PAST Of SOT JO 1 502 cc.o cro.Ts 44 5- J3 f t 3900 rd tt c. :N, ,.•4000 y•. ae.' I ' y`. 4 ra ° PROPOSAL NO. 3475 410 9W 0 ` 4200 10 ,..3°'° p°„°... CITY OF TIGARD 00 900 ANNEXATION FIGURE 2a EE MAP •2 1 JB p 1000 yl- •I f ..i•oi'i 7xa i I.2: A, ah 23-78 1100 .•e' C ISO,! " .ee4. •o .Na 1300 11401 1200 •a..> / o..ur, o.e zia ..o. a i : 1303 ' 1504 1502 , C D , 1400 a::: •r;Y!':w: >v :'i.irdd• . . ao••uxr S.N!- •aT7 2300 2200 2000 1900 1600 1701 1600 2101 : Z I OOi•:•.: ` m"~' .e/IC 0 a.4•. 0..=.1 .0044•:•; i•a 1.r O•Y< .001C. i IOO.t lM.[. Q LU ~ = I. •a 2400 .e _ _ - - - - ; . z6oo ..71 .I 1700 144,41, -74 e 'I >Ee a1 as 1 sob . . • • PROPOSAL ■ 3 75 SE1 /4 NE1 /4 SECTION 3 T2S R1 W W.M. 2S 1 3AD Washington County Scale: 1 200' 25 1 3AA ° 23-78 - S. W. -ERROE TSTREET _ b T ao 502 400 404 1 1 401 200 Jf 4e 1~4 107 307 306 5031 SOS , .41A< 0.42A. .JIA,. .JlAC °9J •\~f~1yf} J9A<. .aAe. .47A, .I: .17AC ..A< .JS-1 I I •.R_ 1 p E ` I H J 407 a ' 300 p 11 a 4 R r. rl Ae. I _ 103 105 00, S :A<. R IS .JJAI.. .JSA° 1 . wr u•r : se .,..y.. I r rl p r ^ ' R to 6200 - 6100 6000 : J S 7 6 09 I 402 , is 6 r• r`- R 19 AC. I. .Jl4 14 5 102 <s . 300 1 .OA. ~ . ~l 1 i as F„ R ` v I ry I- b x = 4031 TRACT "C" 9 i ~ " 405 R i •o•+ ° p 5600 47A WA, .r• ~ 1 •1 6002,1''° i I 06 oJlA< % q a RHO .e .J7AC. - i 1000 • 57 r' ;p 1100=, 650 t 3 wR •4. 23-74 6600 F 9 5600' I .,',•4n hG'1 0 ' ~Q .A 'TRACT'. 0`* 2 p" I °I300~,4 S e°. v' '-`,P•\ SEE AP 12 .s G 8 n • °1400 4 •oa R 2S 3AC 6700 •s ..°r< ~g 0 ,<b b pJ,6. T T"B,. •13 I 8 1500 S w 1600 6 •9• ,09 _ a ` .....F. •I 0 7 • 5100 1600 ` O aF - i'i:•'r ~ lee. • '°'•r 601 602 I B12 •603 .,•00 1900 4 Q •O~ ° 4. `tI 5000 •ii',ia•.<,•.r< ^i .JOA< OlAC e9 260 I .<°•<r. .3a.,. .lc... a.u o 10 e° ~ • ° 23-782500 q 16 = • I 805 ' 2400 16 '°0 29 ~0 F- 4900 2300' 9 I S ° 9 < N -I 42 39 tPf C> r•r %;7 o. •r.u S000 y=y 4900 q` •'E ° ; . 14TIGAID 3 606 a3 _ 8 2100` E: 4 0 1 / 20 3100 • as 607 ' 23 4 21 4700 1 609 • ' L• 3600 635 0 3400 3300 8 3200 < AREA TO BE 1" ANNEXED 606 e •••i,. 6 80 25 . 23 as R'46'00~ 3700 4 43 TRAC.T•F~+ a_ o < 'o e a r..r V 1. S.W. / «°o. < re.• •r, << _ 4500 r II 4200 SS 810 L/ 3600 •000 4100 e4300° _4400 1 •0~••. 28 „ 8 - 29 32 : a 34 I 8I° 30 _ .,c•ue° ea< •r r.uala ra a. eo• Cal ITIAL °•Aa . as r" J r 1T1•L r01Nr._ _A I'- r) . _ .a►rr PROPOSAL NO. 3475 CITY OF TIGARD ANNEXATION FIGURE 2b CLACKAMAS MULTNOMAH WASHINGTON PORTLAND METROPOLITAN LOCAL GOVERNMENT BOUNDARY 1 1 800 NE OREGON STREET k 16 (SUITE S40) PORTLAND, OREGON 97232 PHONE: 731-4093 MEMORANDUM - 1. Tip:. n Date: May 19, 1995 MAY 2 2 1995 From: Lana Rulien, Administrative Assistant I To: Catherine Wheatley, City of Tigard Subject: Refund on Proposal No. 3475 Enclosed is a check for $135.00 which is a refund on proposal No. 3475 (annexation of road right-of-way) the City overpaid. If you have any questions give me a call at 731-4093. STAFF COMMISSIONERS KENNETH S. MARTIN, Executive Officer RAY BARTEL, Chair MARILYNN HELZERMAN DENIECE WON, Executive Assistant TOM WHITTAKER, Vice-Chair SY KORNBROOT KELLY PAIGE, Executive Assistant BOB BOUNEFF SUE LAMB LANA RULIEN, Administrative Assistant NATHALIE DARCY CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Annexation of proposal No. 3475 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Chris Beatty begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Notice of public hearing of the Annexation of Proposal No. 3475 a copy of said notices being hereto attached and by reference made a part hereof, on the 17th day of May , 1995 . See attached list of notice locations. (see attached maps) Notice #1 - Posted on a 4' survey lath approx. 5' south of S.W. Fonner St. directly in front of 11340 S.W. Fonner St. which is on the west side of proposed annexation. Notice #2 - Posted on a 4' survey lath approx. 5' south of S.W. Fonner St. directly in front of 11200 S.W. Fonner St. which is approx. in the middle of proposed annexation. Notice #3 - Posted on a 4' survey lath approx. 5' south of S.W. Fonner St. directly in front of 11050 S.W. Fonner St. which is on the east side of proposed annexation. Subscribed and sworn to before me this 17th day of May , 1995. 1~~ n. LL 9.01 OFFICIAL SEAL M JO ANN HAYES Notary F(L lic for Orego NOTARY PUBLIC-OREGON OOMMISSION NO. 042148 MY COMMISSION MAES WAY 05, 1M My Commission Expires: _WN&4 S _ 1951 Iogifta\0post PROPOSAL ■ 3 75 SE 1 /4 NE 1 /4 SECTION 3 T2S R 1 W W.M. 2S 1 3AD Washington County Scale: 1 200' 231 3AA 23 78 • S. W. -ERROE z , STREET b T 502 ii°.f v.,r rarer a•.u .r.~r 1 •o m ~ -0 iae •,o a .JSer. 507 506 503 I 505 400 404r 1 401 200 Jy,~ I')4 107 .•7ee. e1ee. .I:4 .•7 .IL ••.r .JJ. .J••ec .JJ.r •9J 1 ~O~ 0.44A. ~ ~ I e1 i q = R I q r ~1 Tl D 40J •c 1 300 10 11 e 4 A r, rl+r. a,• 1 • ~ ,e 107 105 •rer ...wa 'sa •r ...y.. 106 .Jler, lJk. •q 6200 6100 ` sooo s r L Jp H er :J' .lrer. 15 i 6 7 6 # 409 402 , r) r, R 19er. I• Jeer ' '9 a8 4• \I \ \ h 1\1 r•• 5 - 14 , loz 'J s 300 i as A « v re , 1 ~ 1 I : 40Ar ,ir• / y 's- i 9 .a Zr.o, wactt • =•a +05 4031 A ow It R 5800 .e!•e. .Net °.,•u't ~ r,"' TRACT .C.. $ , 600 Q + 9 1 406 o.Jtee _ p A* 'a J, AC 23-74 650 F 3 R i a o 1100, ~ 1 "G~ • / e 6600 F 5600 1 NO •94 `O 0 ~"d~ MAP Y• 2 R w I • GP' , • ~eO ,,e • ,TRACT.°. 12 a 1300•„4 3 v 34C 3" G 1 °1400 5 4 `i~P SE: 6700 •s 'oy. • + , 25 l q ` : a 3 ,ero :a 13 w •1500'. Rr a 6T T..B.. _ r ' • O''•• 1600 ° 8 0 0 r" r I` o ° T wS100' :p Ce /3C80` 0041 \ ia:e +ri:so0 I500 ..ioe •t C r •Z60 a 4. ~Zf 5000 10 23-7k a 11 ~4• ° 25°° :a , o. I B .~~.r '4 a ~BOS ` 2400 ~ 16 ,,~9 c Z ,10`10 • .,.,e. F- ~4900~ •i 42 tph't `4~' 2300 9 , a • 39 .°~p • ,..a 6a • E 5 0 . 14 606 4. TIGARD b 4600 43 2100 13 • tiro 3 •4 Feu 1 20 3100 607 /23 4 21 • ~ A~. ~ , , 1 4700 44 809 tl<<~ r e•,,a jO raa•,'. a ~.n 37 AREA TO BE ' b } 3600 g3S00 •'3200` ANNEXED 3400 a3oo a 8o6 X~ • `3700'' 6 ; 25 a _ 23 •a , c600 45 TRACT"F~• 2 h e•e ,o / 't, ~ rot a rr.rc S.W. 810--l j~ . t Y• 9 y asoo r 11 3800 ° '4300'• 35 4000 4100 4200 _4400'•:,- ° 17 28 t°.` 30 32 34 ° t.en ~ 29 .i ,e.. ..at.. etc n : xnt+re wto. " e c. .e.a.1e w,nq `YT'. ro1ryT_E _ re. r- na, ' i PROPOSAL NO. 3475 CITY OF TIGARD ANNEXATION FIGURE 2b PROPOSAL ■ 3 75 SW1/4 NE1/4 SECTION 3 T2S R1W W.M. 2S 1 3AC Washington County Scale: 1 200' L.1 23 -7 C /1 j C H .11\ . r,na a.,o 2900 1- LLJ " w tr .3400 1 : 7 Z 21' 2f00, 140,41 24 e Q 202 2o99.e / " ~ 5000 K~ 2H00 7 1J :IX , a .ter. L' 'w 3500 :3zoo r r 1 G 71 -I' t,~ 4700• - f•- 4LL~ ,11 6 f- _ 56001 5500' - St00 4 c6 j 54 g = L'l Is oo ~ cn w 4500 • n.s• -TIGARD 14 r~ `^""3.1Y.'•.•••"~14'ROL~ STREET" ~ 5600`" n Y [r ua• 1, '1 PART OF LOT 10 I 502 ECHO EIOMTS 14 i t - • 4 Boa.,, L7t.,. 10 T i ; 5400 I • A _3 u / r e I~ ~ = a 4000 at. te..,n ' PROPOSAL 5• ~ 4100 • 9 " ` 't` NO 3475 4200 10 .3°° • p,°„°,~. CITY OF TIGARD ` 00: 900 ANNEXATION FIGURE 2a EE 1A1P .2 I f • I 5 1 3e 4 1000 r,•noi'i Tsai' 23-78 a ,t C 1501 iloo .OJAI. .•r,i[ roe' ne. 100 ae .JIIe 1300 1 1401 S 1 1200 I t a7,,s s / O.46.t. 0151 .11 .5247• a,ea a,a :1 03 ' 1504 11502 e e .Jilt lewt. JIJ; G 6 14 00 of • co' _ na. i p}~ t:;a;: r~i :•:•v:::{4:•: • :{••'C.,,`:R•~'.~ct~.i. :3: rio i • e caan a .s. w' V)•)7 • Ni'T•~`~::• :~:Y-f>•' , t e. u • , w 'n•... ma as r•.e'e a, •a •.a -.tea ac • 2300 2200 T 2101 2000 7900 (800 ' 170, 1600 . .sue Os . 0.42., p.eo 6t:'r t.83" o.ua 4041. I 7000 nat. Q Z •t S j •e W Zf' ' 2400[ r _~raa_ sar•.a t 1 • u a n. ( I 2600 1 n• , ua.a I _I 5 r 1700 ' iii -1 rsa.k -74 D 'I b_ • 4r `t: 11 2S 1306 ~ ~ TOPS 17 FORM 46606 ' S,i~ :'sfROPOLITAN AREA LOCAL G 'i ~c:r;ENT BOUNDARY COMMISSION (SUITE 540) 8^0 N. E. OR.EGON,# 16 PORTLAND, OR 97232 (731-4093) a; D 3 n O O m 33 O C-) CA O m mZ y CQ m fn m En O l OK r) DQ 2 Q OZ m y Mm x x m (D O O I^ N 0° r'` o x r W CITY OF TIGARD OREGON April 28, 1995 Kelly Paige, Management Analyst Portland Metropolitan Area Local Government Boundary Commission 800 NE Oregon Street, Suite 540 (#16) Portland, OR 97232 Dear Kelly: I am writing to submit the enclosed forms for David Becker and to request space on the Boundary C'ommission's hearing of June 1, 1995. The enclosed material includes the information needed to initiate annexation under ORS 199.490(1)(c), owners of at least one-half the land area to be annexed. The Boundary Commission fee of $215 will be paid by the City of Tigard. The check will be issued on Friday, April 28 and should arrive at the Commission's office on Monday, May 1. Thank you for your prompt attention to this matter. Sincerely, V~Q,.~ Ray Valone Associate Planner - Enclosures 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 PMALGBC FORM #1 PETITION FOR Annexation to the City of i C,Ax OR Withdrawal from the City of To: PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION We, the undersigned, constitute at least the owners of one-half the land area of the property described in Exhibit A. We desire to be (annexed to the) OR (41tha z ) City of rk G a. 2l~ . A map is attached, marked Exhibit B showing the affected territory and its relationship to the present City boundaries. The (annexation) OR (withdrawal) constitutes a minor boundary change under the boundary commission act and should therefore be considered by the Boundary Commission, and after study a Final Order should be entered by the Boundary Commission. PETITION SIGNERS SIGNATURE OF Tax Lot Numbers • LEGAL OWNER(s)) ADDRESS Lot# a1/4-1/4 1/4 Sec Twp R //•3440 S w _j='ON h O ~C 9-72 Ito Z( o 2 S 1 3AG- Revised 4/90 -7- PMALGBC FORM #3 CERTIFICATION OF PROPERTY OWNERS OF AT LEAST ONE-HALF LAND AREA I hereby certify that 1f'E name# on the attached petition are owners of property as identified y e tax lot described in the petition. These signatures represent at least one-half of the land area within the annexation or withdrawal area described in his petition. NAME 0.4 wL A. kA LjF:O=M AA1 TITLE :5awcoR DEPARTMENT ASSESS NtE7uT g Ax 4?70AJ COUNTY OF li-,4 5tllNG?~~ DATE !7 owc Z.o~ t? g 5 PMALGBC FORM #4 CERTIFICATION OF LEGAL DESCRIPTION AND MAP • I certify that the description of property included within the attached petition has been checked by me and it is a true and exact description of the property under consideration, and the description corresponds to the attached map indicating the property under consideration. NAME t- Pa~~ A. kAuFiC'Ma-.r TITLE ~c~ oR. ~i12r R~4 ?K~~ DEPARTMENT 74 Ks-e7toAl COUNTY OF wAS. NrIVG 7TOP ( 1 ~5 DATE APR c L Z6 Revised 4/90 -10- LEGAL DESCRIPTION FOR ANNEXATION A tract of land located in the Southeast and Southwest one-quarter of the Northwest one-quarter of section 3, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, described as follows: Beginning at the-center of Section 3 T 2 S, R 1 W thence N 00° 00' 00" E , along the center line of section, a distance of 462 feet to a point on the center line of S.W. Fonner Street; thence N 87° 46' 00" E, along said center line, a distance of 491.0 feet to a point; thellce S 000 53' 00" W, a distance of 20.00 feet to the true point of beginning, also being-on the southerly right-of- way of S.W. Fonner Street; thence N 870 46' 00" E, along said southerly right-of-way, a distance of 732.72 feet;. thence N 240 32' 30" W, a distance of 21.62 feet to the center line of S.W. Fonner Street; thence S 870 46' 00" W, along said centerline, a distance of 179,98 feet to the west line of the John L. Hicklin D.L.C.; thence N 240 32' 30" W, along said west line, a distance of 21.62 feet to the northerly right-of-way of S.W. Fonner Street; t thence S 870 46' 00" W, along said northerly right-of-way, a distance of 690.19 feet; thence S 000 53' 00" W, a distance of 40.06 feet to the southerly right-of-way of S.W. Fonner Street; thence N 87° 46' 00" E, along said southerly right-of-way, a distance of 64.13 feet; thence S 000 53' 00" W, a distance of 230.26 feet; thence S 890 53' 00" E, a distance of 94.00 feet; thence N 000 53' 00" E a distance of 234.12 to the true point of beginning: ]ohnrh\3ac-2100.anx I PMALGBC FORM #5 - (This form is NOT the petition). ALL THE OWNERS OF PROPERTY INCLUDED IN BOUNDARY CHANGE PROPOSAL AREA (To be completed IF the proposal contains 10 or fewer properties.) Please indicate the name and address of all owners of each property regardless of whether they signed an annexation petition or not. This is for notification purposes. NAME OF OWNER ADDRESS PROPERTY DESIGNATION (Indicate tax lot, section number, and Township, Range) (1) Oa vr•j w 13e_e-k1y P-3/W Sir _;0"7,g4' ZS 1 3AL # Z100 (2) (3) (4) (5) (6) (7) (8) Revised 4/90 -11- • i AV IAL GBC FOJ I #6 BOUNDARY CHANGE DATA SHEET 1. EXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN A. Land Area: Acres y> ~-D or Square Miles B. General description of territory. (Include topographic features such as slopes, vegetation, drainage basins, floodplain areas, which are pertinent to this proposal). 14 r 1.`°( L~-~.r L e..► 1 SL,~ c~c-r- Do -Jwn A-~1 S Lo p Ta N ae-v,A~ c )J A-10R;w-k,v Lk Lf 6-F L C. Describe land uses on surrounding parcels. Use tax lots as reference points. North: ..J L East South: (?,S~ 3,4c 2 y West: L 3 -A .0 L c - 2~ e I D. Existing Land Use: Number of single-family units Number of multi-family units b Number commercial structures 6 Number industrial structures C.V Public facilities or other uses o What is the current use the land proposed to be annexed: _ 5 E. Total current year Assessed Valuation S F. Total existing population 11 Revised 11/93 II. REASON FOR BOUNDARY CHANGE A. ORS 199.462 of the Boundary Commission Act states: "In order to carry out the purposes described in ORS 199.410 when reviewing a boundary change..., a boundary commission shall. consider local comprehensive planning for the area, economic, demographic, sociological. projections pertinent to the proposal, past and prospective physical developments of land that would directly or indirectly be affected by the proposed boundary change..." Considering these points, please provide the reasons the proposed boundary change should be made. Please be very specific. Use additional pages if necessary. (This information is often quoted in the Staff Report, so be thorough and complete.) T}t~ APPL~~....~ (S ~tiA.) (~Y-A ,o. pF ))XcPc;R." A- l l "3 v Su% ~tC S;2 L-T ~i..1C; M 2.S1 'IAL Loi 2-1yc~ CTlA2~ t' S 2./l 2.t . "I'1' of -)VGA /td ,2< Uu S Set~1 r S..J I v_'l~r~/C: Z? l ~~N~i N~j / `„"0 / Mt. ail ;JJ V.v~ •~i Uloti J~I~G. GAS,- 1 ~ vac 2, B. If the property to be served is entirely or substantially undeveloped, what are the plans for future development? Be specific. Describe type (residential, industrial, commercial, etc.), density, etc. N~q III. LAND USE AND PLANNING A. Is the subject territory to be developed at this time? NO B. Generally describe the anticipated development (building types, facilities, number of units). C. Is the subject territory inside or outside of the Metro Regional Urban Growth Boundary? SNs: 12 Revised 11/93 l.~ v o 'T,~ wL Si " 2,S) 3 AC ZZ-7 c .y~D 113 -\kN: AtiIJL1-4-C-) ti 'ip QB i A1J LJ.Ji /L^L OF S'C~k~ C ~ l {/L NBC. ~p IL ~ N ti P "`•"-y W t~S O ~ ~P GL L.a ~ n 1 N G / -t' 1 N iZ: NAB GC A c V rim C~► T~; At,., r) 7\$e i-.~ 6 N~ ~ A A b-r i D. What is the applicable County Planning Designation? or City Planning Designation Does the proposed development comply with applicable regional, county or city comprehensive plans? Please describe. E. What is the zoning on the territory to be served? 16 ru.j F. Can the proposed development be accomplished under current county zoning? AJ( h ❑ Yes ❑ No If No,---has a zone change been sought from the county either formally or informally. ❑ Yes ❑ 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? ❑ Yes ❑ No ❑ City has no Plan for the area. Has the proposed development been discussed either formally or informally with any of the following? (Please indicate) ❑ City Planning Commission ❑ City Planning Staff ❑ City Council ❑ City Manager Please describe the reaction to the proposed development from the persons or agencies indicated above. 13 Revised 11/93 H. Please indicate all permits and/or approvals from a City, County, 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 # APPROVAL REQUIREMENT Metro UGB Amendment I' City or County Plan Amendment Pre-Application Hearing (City or County) ! Preliminary Subdivision Approval t 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 are pertinent to the annexation. 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. GcNTQA L GZr-%- IV. SERVICES AND UTILITIES A. Please indicate the following: 1. Location and size of nearest water line which can serve the subject area. '4 LZ -r 14-- Revised 11/93 2. Location and size of nearest sewer line which can serve the subject area. 3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can serve the subject area Si QJZ^x ,;a 6 LS A A N A u"?' L L 5 .1 -.1 G 5= ~1?s~.Nnc.r C,n-e AwN.: G S~ Ty~,-%; J- 4. The time at which services can be reasonably provided by the city or district. ,J (A, 5. The estimated cost of extending such facilities and/or services and what is to be the method of financing. (Attach any supporting documents.) CIA 6. Availability of the desired service from any other unit of local government. (Please indicate the government.) 15 Revised 11/93 B. If the territory described in the proposal is presently included within the boundaries of any of the following types of governmental units, please so indicate by stating the name or names of the governmental units involved. City Rural Fire Dist A e i e esc,-- County Service DistuZ4AAJ Sanitary District ILLSA Hwy. Lighting Dist. Water District Grade School Dist. Drainage District High School Dist. Diking District Library Dist. Park & Rec. Dist. Special Road Dist. Other Dist. Supplying Water Service C. If any of the above units are presently servicing the territory (for instance, are residents in the territory hooked up to a public sewer or water system), please so describe. S ct~ 2.l i ,Pia T%C L_ V_!tA Fw R.10i~-O S c.v.~,.;C.c 11 G A " T VlA L~l~ -J SC. ~-LV y t- i 'J D G s~ /zl~ wA'Z-V.2 s-;- C. LS S~ 2mot: ! 22~ ia2. APPLICANT'S NAME Q, MAILING ADDRESS 1 13 6 S c•~ ):::;o T G A tt1~ TELEPHONE NUMBER 2-A Z (Work) 6 b 4 - SZ.Z~s (Res.) REPRESEN'T'ING DATE: A 16 Revised 11/93 Description for TL#2100 2S1 3AC A Tract of Land located in the S.W. 1/4 of the N.E. 1/4 of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at the intersection of the centerline of SW Fonner Street (C.R. 495), and the west line of the John L. Hicklin DLC No. 37. Thence following said centerline S 87 degrees 46 minutes W 545.40 Feet more or less to a point. Thence S 0 degrees 53 minutes W 20 feet to the true point of beginning of this parcel. Thence S 0 degrees 53 minutes W 234.10 feet to a point. I Thence S 87 degrees 46 minutes W 94 feet to a point. Thence N 0 degrees 53 minutes E 230 feet more of less to the southerly right of way said SW Fonner Street. Thence N 87 degrees 46 minutes east 94 feet to the point of beginning. Containing Approx .50 acres. I I D~ ~ h H ~ ~ 1ay Y-vyY~ C~ C19 rZ Of S L r`~ p S S;e" C~ rj1J 11V Adilk 4 CITY OF TIGARD OREGON April 24, 1995 Lee Walker Unified Sewerage Agency 155 North First Street Hillsboro, OR 97124 Dear Lee: This letter is to notify the agency of the City of Tigard Is approval for extension of sanitary sewer service to Washington County Tax Map 2S1 3AC, lot 2100. According to the intergovernmental agreement between the agency and the city, effective June 25, 1990, the agency will not extend sewer service to areas outside the city except with prior approval of the city where such areas are included in the Urban Planning Area Agreement between the city and Washington County. The property owner, David Becker, has requested annexation to the city and has commenced the process. Due to this action and the fact that his property meets the criteria in the intergovernmental agreement, the City of Tigard hereby gives its approval to extend sewer service to Mr. Becker's property, located at 11340 SW Fonner Street. If you have any questions, please call Ray Valone 639-4171. Sincerely, William A. Monahan City Administrator 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 David W. Becker 11340 SW Fonner Tigard, OR 97223 20 April 1995 Ref: Tax Lot #2S1 3AC, Lot 2100 Mr. Ray Valone City Hall Tigard, OR 97223 Dear Mr. Valone: I wish to annex to the City of Tigard, Oregon and am in the process of initiating annexation directly with the Boundary Commission. I appreciate any help you can offer in the matter and look forward to being a part of a growing city. Yours truly, David W. Becker lp-S I ~ X15 No `C,4►~D FL-~. NuwoF-►Z Appuc-ANT- V~E-NT-'DiREc--kt-/ -ro 30UIJ~~~Y C-O/\A/tAlsslo/\\,j t. 1 Y OREGON N ~~OUNT NINGTO WAS « ~ tJ~ ~ ~ = roo SCAL CANCELLER TAX LQTS ' t~ 2500, 2501, T40, 1544, IQOt,100,200,20t, t~.~ 300, 400,500, ! 60~, Y~, ~ r t"'' ~ ~ ~ j r 1~ ~ 1 S~ ~ , ~j 5{~ r ~ L~ ~ q.38446 W Yr ENK 9 to ~ 225,58 SASE r, . a`! ~ 900 t ~ i28 i28' {82.50} {82.5U} T' o32,E b ~ 'i~ 54 p 78 ~ ~ ~ 7 r, W 3000 3~~Q 27~Q g7.5i ~ .46.GC. .4S c~~ 3400 ~ 501 r` . 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N0.5 7 a  MAP SEE 1 3DA Zs ; 3 i d i { 7 i e~,- ~ zs 13AC WASHINGTON COUNTY O.EGON + tf~ SCALE i =100 t~~ CANCELLED TAX LOTS LL 1 2500, 2501, 700, 1500, ~ ~ ~ 100, 100,200,201, 300, 400,500, 1 Sot, ~ r J ~ r ~ , f 1 1 m i.} s o' i. ! ~ ' ~ W n 22S.S8 50~ 032E 160 2900 1.54 N TS N _ Z V.,~ 9 N 12h` (82.50) 182.501 m $ ~ 7 " 7 3400 A u W U ~ 3000 2 i'}0 2800 97.35 ~ . 501 o+ > .4s~; r ~'Q ~ 3 2.99Ac, .46A~,. 4800 2 210.05 Q o 0 2 _ U~ U N ~ ( ~ 0)I ~ m ~ 104.30 x.59 Ac. ~ 3200 r = 3 ' " ~ ~ O 1 I ~ 3500 ! - _ 99.89 ~ ri N , ~j ~ N 6.30-- 4 w ~ ,1 ~ _ { E'er' a , 128 LL 4700 0' ITi.ai N L I o ~ - - - - - - - - - - ~ 16 ua.23 3100 ~ ~ , N - 3300 ti P ~ LL' I r 3600 / ~ r 1., co + ~ s~ o m - 1 i.. c ~ W p 1 i ~ ~ , -Q ! - ~ - 4 ~ ~ a ~ 5 ~ i N ! 4600 C ~ L,,l I ~ 124.25 e v, N r• 0 I 15 Y. ~ 9, so' ti 1 3700 ~ ,.y., °m / 98.43 99•'~ (82.501 {82.501 0 ~ -a i o N p 0 4500 434,35 ~ r ~ ~ Q o 14 ~'r N 3800 1 T+.12 n \ f` ~ c ~ { ~ ~ ~ PART OF CGT !G ra 7 ECHO iiE1Gt1TS lac' ~ I 502 ~ ~ y .~~A~. 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N r 2 200 101 210 0 .46at .50Ac. 1 LOOAc. ~ - 2300 2 z.e3ac Q r 0 64At. 0.42 At 0.50 Ac ~ . sgac. ~ 1 - t` " ~ ~ r I a O N N A " ~ ~ ( ~ s b!°33 E 194' x t- ~ a ~ ~'s F p; ~ ,o b e O ON ° ~ r` p" t4 ~x ~ n to ° ° q " # O O b 3 Iw _ e " N ' i " O p M .~c 1' S!!°S3'E 194` ~ f~ q ~ 24 p W ~ ~ ~ G + 0 ' ~ n .45Ac. , ~ e !e " n - i a ~ p \ N i wr N « 4t Z „ saT 48 w 174.1 - + u I a ° 4a' w f!! S3 E 191 ( 73.18 ! ss 1 a ~~nn _ o  I.35At. ° 700 t4SAc. n 23ow74 23 ~74 n a o TIGARD b . i CEN. SEC. i at X~W 1 72 . se caR • h ^a•aa'ri aai.~' s 85/627 o a id • SEE MAP 2S 13DB