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ZCA1998-00002 March 10, 1999 CITY OF TIGARD Oregon Department of Revenue OREGON Cartography Department 955 Center Street Salem, OR 97310 RE: Formal submittal of the Ordinance and related Exhibits officially withdrawing properties annexed into the City of Tigard from the Tigard Water District. To Whom It May Concern: This letter serves as formal notice that certain proPerties annexed into the City of Tigard have now been officially withdrawn from the Tigard Water District. Enclosed is a copy of the signed Ordinance passed by the Tigard City Council on 2/23/99 withdrawing those properties from the Tigard Water District. The Department of Revenue previously had the opportunity to review the "draft" ordinance and the necessary changes were made at that time to the exhibits prior to adoption by the City CounciL Thank you for your time on this matter. If you have any questions or comments, please feel free to contact me at (503) 639-4171 x407. Sincerely, Julia Powell Hajduk Associate Planner i:\curpln\julia\annex\wdlet2.doc ' Enclosure: City of Tigard Ord. No. 99-05 & Supporting Exhibits #1-27 C: Tigard Water District Withdrawls from 3/23/98 to 12/31/98 Planning File 1999 Planning correspondence file City Land use files: ZCA 92-7; 93-2 & 4; 95-1,2,3,4,5,6 and 8; 96-1,3,5 & 6; 97-1,2 & 3; and 98-1,2,3 & 4. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . ~ CITY OF TIGARD, OREGON • ORDINANCE NO. 99- 05 AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY BEEN ANNEXED TO THE CITY ARE WTTHDRAWN FROM THE TIGARD WATER DISTRICT. WHEREAS, The City of Tigard withdrew from the Tigard Water District on March 23, 1993; and WHEREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and WI-IEREAS, property within the Tigard Water District annexed into the City after March 23, 1993, must be withdrawn from that Water District to insure the proper entity receives the taxes; and WHEREAS, pursuant to ORS 222.520(2), the City is liable to the Dish-ict for certain debt obligations, however, in this instance, the District has no debt for the City to assume, therefore, no option regarding the assumprion of debt needs to be made; and WHEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of those annexed properties from the Tigazd Water District on February 23, 1999; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District is in the best interest of the City fTigard; and WI-MREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by ordinance. ' NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECT'ION 1: The properties located in the Tigard Water District which have been annexed by the City of Tigard and Final Order by the Metro Area Boundary commission after the City withdrew from the Tigard Water ' . District on March 23, 1993, are hereby withdrawn from the Tigard Water Dish-ict. SECTION 2: Legal descriptions and maps of the properties to be withdrawn from the Tigard Water Dish-ict are attached hereto as Exhibits 1 through 27 and incorporated herein. SECITON 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water ~ District shall be July 1, 1999. SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council. PASSED: By U`n~ ~(MVU-S vote of all Council members present after being read by number and title only, this ~ day of 11999. - )1-e w Catherine Wheatley, City Recorc(d APPROVED: By Tigard City Council thisday of r;:7, wj/'6~ , 99. a s Nicoli, Mayor Approved as to form: i Attorney 2 Date ORDINANCE No. 99-_ Tigard Water District Withdrawls from 3/23/93 to 12/31/98 Page 1 of l i:\citywide\ord\wdwithdr.ord.doc Julia H. I I-Feb.-99 . . . ' , . ~ . . CITY OF TIGARD WATER DISTRICT WITHDRAWAL . . Boundary Commission ' Final Ordec No. 3 -?8 ? EXHIBIT 25 ZCA No. 98-oooL LEGAL DESCRIPTION OF THE AREA A tract of land in the Southeast quarter of the Northeast quarter, Section 4 Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: I Beginning at an iron rod on the south line of said Northeast quarter which bears South 89 ° 18' West, 1068.9 feet from the quarter corner on the east line of said Section 4 and running thence North 01 ° 16' West, 325.0 feet to the True Point of Beginning; thence North 01 ° 16' West, 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 01 ° 16' East, 30.0 feet; thence along said centerline South 89 ° 22' ' West, 132.65 feet, from which an iron bears South 01 ° 16' East, 30.0 feet; thence ' leaving said centerline South 01 ° 16' East, 331.25 feet; thence North 89 ° 19' East, ' 132.68 feet to the True Point of Beginning. . ~ VICINITY MAP OF THE AREA SLY- MARIECT. , 25Ca i ~ ~ ~ ~ !00 ' L tii ~ .•Yi . .I ~ : sc w~ too . i:oo~ :~aoo~^~ ~ 'e'• .3 L']~ 3 ti. / . ' zsoo z~ac 1f 4. ,)4 .r;w at Kc t1M tio 1/0012'Si . . • t x~'~' N =~3 31~ ~ T NFALN UT • r . a ' . . . . 3700 ] 900 • .s:_ 00 00 ~ SaOl.e „ ~ .p•c : 5m 3LC2 .7c .=t'. 1sa W m O W 1 Z . 11.C , ~ , . Q'~ I I %23 -78 .,oo ~ Q ..,r... 3401,. =t _sa 3e00 'F4 + .e• cir.<. " :j . _ _ ~ .ly.•.. ~ ~ _301 <200 )IOC i.o• - ' • L ~ . ~ pi •«-«r. \ • ~ ~C~ 1~ ~ a PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. 800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093 FINAL ORDER RE: BOUNDARY CHANGE PROPOSAL N0: 3887 - Annexation of territory to the City of Tigard. Proceedings on Proposal No. 3887 commenced upon receipt by the Boundary Commission of a resolution and property owner/registered voter consents from the City on March 9, 1998, ~ requesting that certain property be annexed to the City. The resolution and consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B). Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on April 30, 1998. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. The Commission reviewed this proposal in light of the following statutory guidance: "199.410 Policy. (1) The Legislative Assembly finds that: "(a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services, unequal tax bases and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon's urban areas to the detriment of the citizens of this state. "(b) The programs and growth of each unit of local government affect not only that particular unit but also activities and programs of a variety of other units within each urban area. ' °(c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people. "(d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required. "(e) Urban population densities and intensive development require a broad spectrum and high level of community services and controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Community service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather than several governmental agencies is Final Order - Page 1 • ~ . resources. A singie 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 shafl 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 i (See Reasons for Decision in Exhibit "A" attached hereto.) ORDER On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary Commission approved Boundary Change Proposal No. 3887 on April 30, 1998. NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION ~ DATE: BY: ' Chair ATTEST: 9 , Final Order - Pa9e 3 • • Exhibit A Proposal No. 3887 FINDINGS Based on the study and the public hearing, the Commission found: 1. The territory to be annexed contains 0.92 acres, one vacant single family residence, and evafuated at $125,360. 2. The property owners desire City services to facilitate development of 2 lots for single family residences. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. 4. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 5. The territory is located within the County's West Ti.gard Community Planning area. Washing- ton County passed an ordinance, effective May 1, 1997, that pertains to "land generally described in the County's West Tigard Community Plan and the Bull Mountain Community Plan, including Walnut Island, and an area north of the Tualatin River and East of Highway 99, but excluding the area immediately adjacent to King City." The following sections within the ordinance apply to this proposal. ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORATED CITY OF TIGARD AREA 801-4 Replacement As specified herein, this Ordinance replaces the existing Washington County Commu- nity Development Code standards applicable to all development proposals within the scope of this Ordinance and within the effected area, with the City of Tigard Community Development Plan... this Ordinance replaces the County Comprehen- sive Framework Plan with the City of Tigard Comprehensive Plan. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the maps of these two community plans to apply the functionally equivalent zoning district and plan designations of the City of Tigard to these areas The County Plan originally designated the site as low density residential, with a zoning of R-5 (5 units per acre). The County's current designation is low ddnsity residential, with zoning of Final Order - Page 4 , • • Exhibit A Proposal No. 3887 R-4.5 SFR as in accordance with the ordinance described above (Article VIII). There are no significant natural resources designated on the site. 6. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 7. The City of Tigard and Washington County have entered into an Urban Planning Area Agree- ment (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. The subject property 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 Planninq Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which ihe CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible...., 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-1 1 within the Active Planning Area. I 4. The COUNTY shatl not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevel- opment 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. 8. The Tigard Comprehensive Plan Polices relevant to this proposai are provided here: Final Order - Page 5 • • • Exhibit A Proposal No. 3887 10.1.1 Prior to the annexation of land to the City of Tigard: a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; 2. sewer; . 3. drainage; 4. streets; 5. police; and 6. fire protection. b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the follow- ing: 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). The County Plan has been amended to reflect City of Tigard land use designations and zoning for the area that includes the subject parcel. Regardless, the City passed an ordinance for this Final Order - Page 6 • • Exhibit A Proposal No. 3887 ~ proposal which will adopt City zoning upon annexation. The City's designates the property as low density residential, with a zoning of R-4.5 SFR. 9. There is an 8-inch City sewer line in Walnut St. which is adjacent to the site. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City-County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than U.S.A. charges and keep the difference to offset City costs. Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of $ 1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by U.S.A.. 10. There is a 6-inch water line in Walnut Street, which is adjacent to the site. 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 incorporated territory from the District and established a Tigard Water Department. The Tigard Water District contracts with the City to service customers within the Water District boundaries. The City intends to withdraw the territory from the District pursuant to an intergovernmental agreement between the two entities. The City of Tigard/Tigard Water District water rates are charged bi-monthly. They include an administrative fee of $3.56, and a water use charge for everything over 800 cf. of $1.32/100 cf. for territories both within and outside of the City/District boundaries. 11. The territory is within the Washington County Enhanced Sheriff's Patrol District which, included with the basic County-wide level of protection, provides .93 officers per 1000 population. The parcel will be automatically withdrawn from the District upon annexation. The tax rate of $.6372 per $1000 assessed value will no longet be levied on the property. Final Order - Page 7 • • Exhibit A Proposal No. 3887 Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.56 officers per thousand population. Emergen- cy response in Tigard is under five minutes. The police department has commented on the proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the annexation. 12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 13. The East Washington County Functional Classification System designates Walnut Street as a Major Collector, which is a public thoroughfare intended to serve traffic from Local Streets to Arterials. It is Washington County's policy to retain jurisdiction over major collectors and arterials, and to turn over jurisdiction of local streets to cities upon request after annexation. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory would be automatically withdrawn from the District, and the 1997-98 levy of $0.2458 per thousand assessed value will no longer apply. 14. The U.S.A. has responsibility for surface water management within the Washington County urban growth boundary. U.S.A. has entered into an intergovernmental agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The City has responsibilities for operations and maintenance of storm and surface water facilities within the City. In the County, responsibility for maintaining drainage associated with roadways remains with the Department of Land Use and Transportation. Therefore, road related drainage facilities do not transfer to the City upon annexation unless the road transfers to the City. The City may not issue permits for construction within or modification to a wetland, floodway or floodplain without first receiving approval from U.S.A. The District imposes a storm drainage fee of $4 per month on all properties of which the City keeps 75% or $3. 15. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the territory will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. 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. 16. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. Final Order - Page 8 • • • Exhibit A Proposal No. 3887 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 LQng Term/Long Range Governmental Structure (OAR 193-05- 015). Final Order - Page 9 • . ~ Exhibit B Proposal No. 3887 LEGAL DESCRIPTION ANNEXATION TO CitY of Ti9ard A tract of land in the Southeast quarter of the Northeast quarter, Section 4 Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at an iron rod on the south line of said Northeast quarter which bears South 89 ° 18' West, 1068.9 feet from the quarter corner on the east line of said Section 4 and running thence North 01 ° 16' West, 325.0 feet to the True Point of Beginning; thence North 01 ° 16' West, 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 01 ° 16' East, 30.0 feet; thence along said centerline South 89 ° 22' West, 132.65 feet, from which an iron bears South 01 ° 16' East, 30.0 feet; thence leaving said centerline South 01 ° 16' East, 331.25 feet; thence North 89 ° 19' East, 132.68 feet to the True Point of Beginning. Final Order - Page 10 r • • PROPOSAL ■ 3887 SE1/4 NE1/4 SECTION 4 T2S R1W W.M. 2S 1 4AD ' Washington County Scale: 1 = 200' . T_ - 48S aa , ±Y Z=~ 25 eaa I :i S J zeo1 ~zzoo ~ SW IZ7thAVE. - ..i ie 2<0o 49 • ~ (C ~,=_ao, . n . W 2 _74 ' a - •roo ?.~aTITtO a;- I / 100 _ _00 .<800.~. ,TIGARD . ...T. ' L i♦ 00 250i N 13 N~c 1800~ 45 ~e SNP- MRRIE C'T. > ,/s.• .i , ~ 2500 'V IT $ ° 900 800~ P 9 y- . - ieoo« ;1000 2400 2700 me am i . .se.a .1ak r ..a .•oe .~e n. yi50' I ' 1100~ 1 2'x'°1"i300 •,~w00 y •2C~° 01 1~ALN UT 71' ~ . 1700 1 ' • io ` . ~ 400C)' 4n00 3000 ' 2300 JO )sOi II j~,•• _ .s9~t. w3801 38C2 JJ~e~. nr. ajr•r. ~ 7 i t s ft{ m Q - - - O W I .oa i L Q a'~ ~2, 3-7i3 z z°.. SiO~' ;ii•, • ~ •0 3800 - _ i~ Z. .7.1..•. _301 30i 4200 L Jl- rott~ ~ \ ~j• Lo0 i.o• ~ L' , - , - a . ~ PROPOSAL N0. 3887 CITY OF TIGARD ANNEXATION FIGURE 2 . • ZC~ ~ . ~ June 22, 1998 CffY OF TIGARD OREGON Annexations Center for Population Research & Census Portland State University . PO Box 751 Portland, OR 97207 RE: Annexation Final Order Numbers 3875, 3886, 3887, 3888 and 3892 Enclosed please find questionnaires and completed census schedules for the above ' referenced annexations. Thank you, ~j~ Vivian Nunmo Administrative Specialist I enclosures claupln\viviae\an„«lQsucova.aac 13125 SW Hall Bivd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 , ' r • • Return completed questionnaire to: Center for Population Research and Census P O Box 751 Portland State University Portland, OR 97207-0751 . No later than June 26, 1998 for certification on June 30, 1998. A N N E X A T I 0 N Q U E S T I 0 N N AI R E City of If2142.fl County of w~"cWiN 4'T~1 Annexation Ordinance Number or Final Order Number Effective Date of Annexation May 20, 199E3 NOTE: Enumeration of annexations which involve 200 or more housing units must be conducted under the supervision of the Center for Population Research and Census to be certified. Complete the following section if there are less than 200 housing units in this annexation. . Attach completed confidential census schedules for all housing units both vac-ant 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 L U 1_ 0 UNITS IN MULTIPLE FAMILY STRUCTURES 0 MOBILE HOMES OR TR.AILERS 0 TOTAL POPULATION OF ANNEXED AREA 0 DATE OF ENUMERATION Q122f% ENUMERATED BY Vivia[1 Nimm POS I T I OLJ ni Gtr;--r i vP c= i a 1 ist T TELEPHONE NTJMBER (5()3) 639-4171 x419 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 Barry Edmonston at the Center for Population Research and Census (503) 725-15101. THANK YOU. - ' ^ ~ • CONFIDENTIAL ZCA 98-4002 , Clty of TIGARU Address 12920 SW Walnut Street HOOSING TYPE TENURE Single Unit Structure (X) Owner Occupied Multiple Unit Structure Renter Occupied Trailer or Kobile Home Vacant (X) RESIDENTS Last Name First Name Sex Age Respandent 2. 3. 4. 5. 6. 7. 8. 9. 10. Portland State Universi-l-y School of Urban and Public Affairs Center For Population Research and Census 725-3922 , COPY ~ CITY OF TIGARD ' DATE: June 3, 1998 OREGON TO: INTERESTED PARTIES RE: Fnal Order on Annexation Nos.: 3875 (ZCA 97-0003 - Furman Annexation); ~ 3886 (ZCA 98-0001 - Fsher/Passmore Fonner Street Annexation); 3887 (ZCA 98-0002 - Fsher/Passmore Wainut Street Annexation); 3888 (ZCA 98-0003 - Schmidtke Annexation); 3892 (ZCA 98-0004 - Gaarde StreeVOlsen Heights Subdivision Annexation) We have received the final order from the Portiand Metropolitan Area Local Govemment Boundary Commission Annexation Nos. 3875 (ZCA 97-0003), 3886 (ZCA 98-0001), 3887 (ZCA 98-0002), 3888 (ZCA 98-0003) and 3892 (ZCA 98-0004). EFFECTIVE DATE: MAY 20, 1998 , Maps of the annexed properties are attadied. Census infoRnation is as follows: Boundary Commission Fnal Onier No. 3875: . . . . . . . . . . . . . . . . . . . . . . . . . : :OWNER(S):NAME AND ADDRESS:;:°'.' ; :SPECIFIC-PARCEL~DATA: . . : . . . . . . Linda and Richard Furtnan WCTM 2S1106A, Tax Lot 01700 11754 SW Gaarde S'treet 1-0CCUPIED Single-Family Residence Tigard, OR 97224 Site Address: 11754 SW Gaarbe Street Est Population: 2 Boundary Commission Fnal Order No. 3886: : . . . . . . . . , , . . . . . . : . . . :.OWNER(S):NAME AND ADDRESS:: : SPECIFIC PARCEL.DATA:- . : . . . . . . . . . . . . . . . . . . Fisher Properties Trust WCTM 2S103AC, Tax Lot 02101 P.O. Box 11370 1-VACANT Single-Family Residence Portland, OR 97211 Site Address: 11370 SW Fonner Street Est. Population: 0 Carol Williams WCTM 2S103AC, Tax Lot 02000 9155 SW Rambler Lane 1-VACANT Single-Family Residence Portland, OR 97223 Site Addr+ess: 11300 SW Fonner Street SR Tumer Constnidion, LLC. EsL Population: 0 8835 SW Canyon Lane, Suite 408 Portland, OR 97225 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • . ~ Bounda Commission Final Order No. 3887: OWNER(S) NAME AND ADDRESS: ~ ~ SPECIFIC PARCEL DATA: Fisher Properties Trust WCTM 2S104AD, Tax Lot 03300 P.O. Box 11370 1-VACANT Single-Family Residence Portland, OR 97211 Site Address: 12920 SW Walnut Street Est. Population: 0 Bound Commission Final Order No. 3888: : . . . . . . . . . . . .OWNER(S).NAME.ANO ADORESS: SPECIFIC PARCEL DATA: Donald Campbell WCTM 2S103BD, Tax Lot 02300 11760 SW Cartnen Street 1-VACANT Single-Family Residence Tigar+d, OR 97223 ~ Site Address: 11760 SW Cartnen Street Est. Population: 0 Boundary Commission Final Order No. 3892: : : . . . . . . . . : . . . . : ::::::OWNER(S) NAME;AND:ADDRESS::. SPECIFIC PARCEL DATA:~~: Janice Justice WCTM 2S11086, Tax Lot 00100 11920 SW Gaarde Strset 1-OCCUPIED Single Family Residence Tigard, OR 97224 Site Addness: 11920 SW Gaarde Street ~ Esi. Population: 2 Ron and wlma Lambert WCTM 2S11068, Tax Lot 00400 11910 SW Gaarde SVeet 1-OCCUPIED Single-Family Residence Tigard, OR 97223 Site Address: 11910 SW Gaarde Street , Fst. Population: 3 Four D Construdion WCTM 2S110B8, Tax Lot 00300 P.O. Box 1577 Vacant lot, no address Beaverton, OR 97075 WCTM 2S1108A. Tax Lot 02100 Vacarn lot, no address Robert and Kay Norin . WCTM 2S1106A, Tax Lot 02200 and 02300 11900 SW Gaarde SVeet 1-0CCUPIED Single-Family Residence Tigard, OR 97224 Site Address: 11900 SW Gaarde Street Esi. Population: 3 Please call me if you have any questions canceming this information at (503) 639-4171. Sincerely, ~ ulia Powell Hadjuk, Associate Planner Community Development Department tAa,rptMvlvtanlaru=das.rrW Enclosures • • 00 A.4 City of Tigard M E M 0 R A N D U M S~~g~ ~&~~o'um~ CITYOFTIGARD,OREGON TO: Chief of Police, City Engineer, Engineering TechniciaNJurisdiction Coordinator, Water/Accounting (Amanda Bewersdorff), Building Official, Library Director, GIS Specialist, City Recorder, Operations Manager and DST Supervisor FROM: Vivian Nimzo, Planning Assistant DATE: June 2, 1998 SUBJECT: Final Order on Annexation Nos.: 3875 (ZCA 97-0003 - Furman Annexation); 3886 (ZCA 98-0001 - Fisher/Passmore Fonner Street Annexation); 3887 (ZCA 98-0002 - Fisher/Passmore Walnut Street Annexation); 3888 (ZCA 98-0003 - Schmidtke Annexation); 3892 (ZCA 98-0004 - Gaarde Street/Olsen Heights Subdivision Annexation) We have received the final order from the Portland Metropolitan Area Locat Govemment Boundary Commission Annexation Nos. 3875 (ZCA 97-0003), 3886 (ZCA 98-0001), 3887 (ZCA 98-0002), 3888 (ZCA 98-0003) and 3892 (ZCA 98-0004). EFFECTIVE DATE: MAY 20, 1998 Maps af the annexed properties are attached. Census information is as follows: Boundary Commission Final Orcier No. 3875: OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA Linda and Richard Furman WCTM 2S110BA, Tax Lot 01700 11754 SW Gaarde Street 1-OCCUPIED Single-Family Residence Tigard, OR 97224 Site Address: 11754 SW Gaarde Street Est. Population: 2 AnnexaUon Memo - Page 1 , , • ~ Boundary Commission Final Order No. 3886: OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA: Fisher Properties Trust WCTM 2S103AC, Tax Lot 02101 P.O. Box 11370 1 VACANT Single-Family Residence Portland, OR 97211 Site Address: 11370 SW Fonner Street Est. Population: 0 Carol Williams WCTM 2S103AC, Tax Lot 02000 9155 SW Rambler Lane 1-VACANT Single-Family Residence Portland, OR 97223 Site Address: 11300 SW Fonner Street SR Tumer Construction, L.L.C. Est. Population: 0 . 8835 SW Canyon Lane, Suite 408 Portland, OR 97225 Boundary Commission Final Order No. 3887: OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA Fisher Properties Trust WCTM 2S104AD, Tax Lot 03300 P.O. Box 11370 1-VACANT Single-Family Residence Portland, OR 97211 Site Address: 12920 SW Walnut Street Est. Population: 0 Boundary Commission Final Order No. 3888: OWNER(S).NAME AND ADDRESS: SPECIFIC PARCEL DATA Donald Campbell WCTM 2S1036D, Tax Lot 02300 . 11760 SW Carmen Street 1-VACANT Single-Family Residence Tigard, OR 97223 Site Address: 11760 SW Carmen Street Est. Population: 0 Annexation Memo - Page 2 • • • Boundary Commission Final Order No. 3892: OWNER(S) NAME AND ADDRESS: SPECIFIC PARCEL DATA: Janice Justice WCTM 2S110BB, Tax Lot 00100 11920 SW Gaarde Street 1-OCCUPIED Single Family Residence Tigard, OR 97224 Site Address: 11920 SW Gaarde Street Est. Population: 2 Ron and Wilma Lambert WCTM 2S1106B, Tax Lot 00400 11910 SW Gaarde Street 1-OCCUPIED Single-Family Residence Tigard, OR 97223 Site Address: 11910 SW Gaarde Street Est. Population: 3 Four D Construdion WCTM 2S11066, Tax Lot 00300 P.O. Box 1577 Vacant lot, no address Beaverton, OR 97075 ' WCTM 2S110BA, Tax Lot 02100 Vacant lot, no address Robert and Kay Norin WCTM 2S110BA, Tax Lot 02200 and 02300 11900 SW Gaarde Street 1-OCCUPIED Single-Family Residence Tigard, OR 97224 Site Address: 11900 SW Gaarde Street Est Population: 3 Please refer any questions to Julia Powell Hajduk at x407. Attachment Annexatlon Memo • Page 3 I • 0 ANNEXATION PROCESS CHECKLIST 12-9Zo WqlqL4" File name T~s1~~0.ss~W~,~ File number ZCq 9Jr-oov,2,, ✓ Talk with applicant about property and site. Confirm that annexation is possible for this property ✓ Applicant submits City Annexation form and Boundary Commission form ~ 4-""' Enter application into current Docket book and Tidemark i/ Reviewed BC form for completeness, filled in form #16 as much as possible ~Send copies of form #16 to Greg Barry sigd MilEer for them for complete sections on sewer and water ~ Send legal description to Engineering to have them checkok a ~ Schedule City Council public hearing date -(Approximately 6 to 8 weeks from the date it is entered into the Docket) =rzz zy"~ ✓ Prepare "proposal" for mail-out and ad to paper. Af / -C RuQ Give information to Patty so she can prepare for ad.~ st completed by ~ ~ s~~~✓/e~~v~ ,~~~~v~~ Contact Finance to have ciKut for Boundary Commission fee if site is in Active ~ Planning Area - f3C fee- ~Prepare Resolution and Ordinance I ~ ~ 30 ~ Prepare Staff report Due to Admin *12 days prior to CC ~ Du to Patty and Dick 1 week prior to packet due date. Pace ket due date: l2 Due for review by Dick and Patty: ~ Prepare exhibits for Council presentation ✓ Council approves Resolution and Ordinance k"~Certified and signed copy of resolution sent to Boundary Commission along with the / Boundary Commission application form and a check. ~ Boundary Commission hearing. Date of hearing: Final order received and forwarded to Patty for her to do Annexation Follow-up procedure. ER ' D O 6E06RAVHIC INFORYATION SYSTEY Z j RIDG a ~ oS %_s Pl VICINf1Y MAP a In ~ ES N N lCA 98-0002 a T BR C Fisher/Passmore walnut Street ~ Z AnneKation w ~ W ~ 0 NLUfrw ~ 3 3 ~ CT ,n ST M LE6END: SHADED AREAS INDICATE INSIDE OF TNE CITY A w N ~►a~Y~ to R~ 4 t'`~~►" 0 200 400 600 Feel ♦ we ~ = 1'= 481 (eet ° Q . 0 v ET N C:ity ofTigard Infortnatbn on Nis map b for general bcation only ard < stauld ba verttied wfth tfre Devebpnent Servkes D'rvisba rti 13125 SV✓ HaU Blvd Tgard, OR 97723 (503) 639-4177 htt0/www.ci.tigard.or.us Community Development Plot date: Feb 24, 1998; c:\magic\magicdd.apr 210y 9? - ~ ~ ~ April 30, 1998 Hearing PROPOSAL NO. 3887 - CITY OF TIGARD - Annexation RFCFIVEn PLANNIN., Petitioner: City of Tigard; Tom Fisher APR 2 7 1998 90th Day: June 7, 1998 CITY OF TICARD Proposal No. 3887 was initiated by a petition of property owners/registered voters and resolution from the Tigard City Council. The resolution and petitions meet the require- ments for initiation set forth in ORS 199.490(2)(a) (B), double-majority annexation law. If the Commission approves the proposal, the boundary change will become effective on the date of approval subject to the provisions of ORS 199.519. The territory to be annexed is located generally in the west part of the City, on the south edge of Walnut Street, and west of SW 128th Avenue. The territory contains 0.92 acres, one vacant single family residence, and evaluated at $125,360. REASON FOR ANNEXATION The property owners desire City services to facilitate development of 2 lots for single family residences. BOUNDARY COMMISSION POLICIES The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. LAND USE PLANNING Recaional Plannina. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washington Countv Planninq. The territory is located within the County's West Tigard Community Planning area. Washington County passed an ordinance, effective May 1, 1997, that pertains to "land generally described in the County's West Tigard Community Plan and the Bull Mountain Community Plan, including Walnut Island, and an area north of Proposal No. 3887 - Page 1 • - • ' . the Tualatin River and East of Highway 99, but excluding the area immediately adjacent to King City." The following sections within the ordinance apply to this proposal. ARTICLE VI11 LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORAT- ED CITY OF TIGARD AREA 801-4 Replacement As specified herein, this Ordinance replaces the existing Washington County Community Development Code standards applicable to all development proposals within the scope of this Ordinance and within the effected area, with the City of Tigard Community Development Plan... this Ordinance replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the maps of these two community plans to apply the functionally equivalent zoning district and plan designations of the City of Tigard to these areas The County Plan originally designated the site as low density residential, with a zoning of R-5 (5 units per acre). The County's current designation is low density residential, with zoning of R-4.5 SFR as in accordance with the ordinance described above (Article VIII). There are no significant natural resources designated on the site. Countv 2000. Washington County reviewed its role in service provision in its Countv ~ 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. Urban Plannin4 Area Aareement. 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. The subject property falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: A. Active Planning Area 1. Definition Active Plannin4 Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive Proposal No. 3887 - Page 2 - • • planning and seeks to regulate development activities to the greatest extent possi- ble..... 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area. ~ Citv of Tiaard Plannina. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here: 10.1.1 Prior to the annexation of land to the City of Tigard: a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; 2. sewer; 3. drainage; 4. streets; 5. police; and 6. fire protection. b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington Couniy a nonremonstrance agreement regarding the following: Proposal No. 3887 - Page 3 , • . - i • ' 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or ' improvement of the following: a) water; b) sewer; c) drainage; and d) streets. .t. 10.1.2 Approval of proposed annexations of land by the city shall be based on findings with respect to the following: a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or b. The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; c. The police department has commented upon the annexation; d. The land is located within the Tigard urban planning area and is contiguous to the city boundary; e. The annexation can be accommodated by the services listed in 10.1.11a1. The County Plan has been amended to reflect City of Tigard land use designations and zoning for the area that includes the subject parcel. Regardless, the City passed an ordi- nance for this proposal which will adopt City zoning upon annexation. The City's designa- tes the property as low density residential, with a zoning of R-4.5 SFR. FACILITIES AND SERVICES Sanitarv Sewer Service. There is an 8-inch City sewer line in Walnut St. which is adjacent to the site. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wet- lands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and Proposal No. 3887 - Page 4 0 • for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City- County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than U.S.A. charges and keep the difference to offset City costs. Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of $ 1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by U.S.A.. Water Service. There is a 6-inch water line in Walnut Street, which is adjacent to the site. 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 incorporated territory from the District and established a Tigard Water Department. The Tigard Water District contracts with the City to service customers within the Water District boundaries. The City intends to withdraw the territory from the District pursuant to an intergovernmental agreement between the two entities. The City of Tigard/Tigard Water District water rates are charged bi-monthly. They include an administrative fee of $3.56, and a water use charge for everything over 800 cf. is of $1.32/100 cf. for territories both within and outside of the City/District boundaries. Police Service. The territory is within the Washington County Enhanced Sheriff's Patrol District which, included with the basic County-wide level of protection, provides .93 officers per 1000 population. The parcel will be automatically withdrawn from the District upon annexation. The tax rate of $.6372 per $1000 assessed value will no longer be levied on the property. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.56 officers per thousand population. Emergency response in Tigard is under five minutes. The police department has comment- ed on the proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the annexation. Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. TransQOrtation. The East Washington County Functional Classification System designates Walnut Street as a Major Collector, which is a public thoroughfare intended to serve traffic from Local Streets to Arterials. It is Washington County's policy to retain jurisdiction over Proposal No. 3887 - Page 5 • • major collectors and arterials, and to turn over jurisdiction of local streets to cities upon request after annexation. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory would be automatically withdrawn from the District, and the 1997-98 levy of $0.2458 per thousand assessed value will no longer apply. Storm DrainaQe. The U.S.A. has responsibility for surface water management within the Washington County urban growth boundary. U.S.A. has entered into an intergovernmental agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The City has responsibilities for operations and maintenance of storm and surface water facilities within the City. In the County, responsibility for maintaining drainage associated with roadways remains with the Department of Land Use and Transportation. Therefore, road related drainage facilities do not transfer to the City upon annexation unless the road transfers to the City. The City may not issue permits for construction within or modifi- cation to a wetland, floodway or floodplain without first receiving approval from U.S.A. The District imposes a storm drainage fee of $4 per month on all properties of which the City keeps 75% or $3. Street Lights. The territory is within the Washington County Service District # 1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the territory will be automatically withdrawn from the District. I 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. 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. RECOMMENDATION Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit A, the staff recommends that Proposal No. 3887 be approved. Proposal No. 3887 - Page 6 , , 0 • PROPOSAL ■ 3887<t; z cw:. .o, _U i i.n .\\`Rl• Jt C:. ~ ' j II ~ n.~'r~ ..r u+~.c~y . Y~ ~ ~.a ~ ' +~d~ ~ /r s:v+'a° :I~~~ coi~o+oao :I~~~J• v , Y . ~ J ~ ' _ ~t _..~~u I i.o~.. I' r 6 ,i ~11.__, I V ,J ~ /~j / I ~ • S+n. ,cil",..._~_~~• (r. . r.w= u.. t~. ~ .Z'` I t R 1 Rernd• c„ =_'I / / 1 II ~ AR TO' BC L ' % EA ~ w-a•nui a. /,.•5 z ,-i I . ~ <i.,, r J ]t?( I ~ A N N E XED • ~ ~ + ~w .i> ~1 \r .1 1~ ~ N : ~4tyFyoi. . ~ 1t:= l~~~~sa. ~ / V.~, Si. J! 'Y~~ ~°+.y ~ i~~•~. , ~,.=11. b 11 I~J C~i ~ ~ ~1 _ L~I +`ti~ ~ :i , -~,-~j?'• ~I ~ ~,~'I.1 )~l~' , ;II? ~ „ l i I = ~ i ~I ~i ~ f / ~ < „ ~i~ _ y ~ _ =1 S: • ~ ~ ~~r I ` " tL• ~ + , 'f •v^ c. 1.. I• I, I~~ ~ Ir l~\\~ ` I 1 {J V ~ 4 1 " • i~ ~ ~ / •.piT. C'. `2' 1 ~Y ~S ~ M ~ ~ pw. c4.t C~. \\i%•.4 t`r {I ~ ~ ^'cJ~ ~ a.~-~ ~ ~ ~ (C'~''~ w• / ~I ~ I =„t 1~ ?1 , ~ f ~l t ~ ~ ~f • I `.r I4 % ujs. , ~ e/ ' ✓ l~ p' 'a , a / ,;~~•~rb~ ; r,`~-' ~v;l ~3• ~ ~I S i ~i .iN f~. I •,,'a I; ~ i ru' 'l° ..x~ r / --u-~ `r` ~ c,.r r. ~ IlI') BULL; NT N I: ~J G~ ~\'4 ~ .n ~ ~u - _-1 ~ I i~•!•' ~ ..o:a ~ ~il L/~JfV cl ~ i i~ ~ •.~n'r i - i l ' ~ c:. r' ~~~1. n~l 1 n...w ~ ; ~ I~I : ~`I• \'l,` s~ i I ~~i.wa:, p r qt ,ctk ~ . . ' TiGARD is, / ' ry ;1s=_ r ^ l ( ..r ^T7~ ,t+r..r----• ~1 I KINC CITY b~ J.~ QI • " Poo. 2.Oig ~~~n L i~v. : ~J ~J;_J• " ~ ~I ' - I I . -5,~ i.,i ~ 9.`~" J ' ~ - ~ - ; ~ ''~,i~~ nii . ~;:j-~• - r, -,,T j111r`..,.~. II ~ i~~ K`fF~A ~C ~ C % • Nw ~ F } ~ fsi,-9~, „t:. . f ~ ! ~c'• r;.~ ~ L.. C . g; J C J ~ - - _ - ~ ~ 7C•' ~ i t "~'(~`;i:'• 'C""': ` ~ ~r-.•~ Jr.- .//1 r ~ :~l71~.,.'' ~ AREA SHOWN "---~I r A B O V E " .(L%_,`2,, 4i f C G I ' ~ i '•JI ~ryn PROPOSAL N0. 3887 ~ CITY OF TIGARD ~ ~ ANNEXATION ~ 'o'.- f' FIGURE 1 PROPOSAL ■ 3887 SE1/4 NE1/4 SECTION 4T2S R1W W.M. 2S 1 4AD Washington County Scale: 1 200' I - SE; sa ' sy 2300 25 ana J iw.u r't •2200 • SW IZ7tfIQVE. ' 2e00 49 oaa~ 2 -74 ::t°<'aa Trrto •sc"~: a - ~ / ~aaa .~,TIGARD ` 1 • 12 1'~ ~1 4:00 ~ a L AI a.~~ a.i A <S~= 8 ~=m jM1 i.l0:a . Y, 250t N• 13 7 bie. y~<um ~ i'-'~ IQ r<e SW= MARIE C Aa • 2500 17 900 .•s ~ ~ ~ • -~800• I ~ 9 ,N . ieoo« ;1000 7 zsaa 270 o y~30~ I ' 1100~ 1 22 e~yi300 ,..-ia00 , a <z t.L~ N a V _ ~ • ~ S ~ _ ~ .T ~ ;...M.» T WALNUT - - - o ;~~z , . . 3000 ;700 390 0 I 4~0 ~00 7 3300 00 ~ SeO' SEC2 .~ue .1z••. ' I.lJde. ~ ?:91.L• I.JSIe. /./1 . rlx. Y m~ I sY ' ~ I Z ~ OX; - W`;:; ~ 3!04 Q s C ~ Q'~ ~ 23 _7t l, o.. 1101 . ° I ' ?i .~~.e. ~~17 .i , i.st.a ~ ~ .501 'I .rs1'',', y ` eei \ -301 <200 !z+e• . Aer ~4 \ • :I'; 300 _ La ~ - i - \ \ PROPOSAL N0. 3887 CITY OF TIGARD ANNEXATION FIGURE 2 • • Exhibit A Proposal No. 3887 FINDINGS Based on the study and the public hearing, the Commission found: 1. The territory to be annexed contains 0.92 acres, one vacant single family residence, and evaluated at $125,360. 2. The property owners desire City services to facilitate development of 2 lots for single famity residences. 3. The Boundary Commission has three adopted policies. The first of these policies states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrange- ments in the long term. 4. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 5. The territory is located within the County's West Tigard Community Planning area. Washington County passed an ordinance, effective May 1, 1997, that pertains to "land generally described in the County's West Tigard Community Plan and the Bull Mountain Community Plan, including Walnut Island, and an area north of the Tualatin I River and East of Highway 99, but excluding the area immediately adjacent to King City." The following sections within the ordinance apply to this proposal. ARTICLc VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPO- RATED CITY OF TIGARD AREA 801-4 Replacement As specified herein, this Ordinance replaces the existing Washington County Community Development Code standards applicable to all development proposals within the scope of this Ordinance and within the effected area, with the City of Tigard Community Development Plan... this Ordinance replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the Findings - Page 1 of 6 Exhibit A Proposal No. 3887 maps of these two community pians to apply the functionally equivalent zoning district and plan designations of the City of Tigard to these areas The County Plan originally designated the site as low density residential, with a zoning of R-5 (5 units per acre). The County's current designation is low density residential, with zoning of R-4.5 SFR as in accordance with the ordinance described above (Article VIII). There are no significant natural resources designated on the site. 6. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. 7. 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 Compre- hensive 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. The subject property falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" I portion of the UPAA: A. Active Planning Area 1. Definition Aciive Plannin4 Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts compre- hensive planning and seeks to regulate development activities to the greatest extent possible..... 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Findings - Page 2 of 6 . • Exhibit A Proposal No. 3887 Plan in the future upon annexation to the CITY as indicated by the CITY Compre- hensive Plan. . 6. Approval of the development actions in the Active Planning area shall be contin- gent 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. 8. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here: 10.1.1 Prior to the annexation of land to the City of Tigard: a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; 2. sewer; 3. drainage; 4. streets; 5. police; and 6. fire protection, b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the follow- ing 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: Findings - Page 3 of 6 • • Exhibit A Proposal No. 3887 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). The County Plan has been amended to reflect City of Tigard land use designations and zoning for the area that includes the subject parcel. Regardless, the City passed an ordinance for this proposal which will adopt City zoning upon annexation. The City's designates the property as low density residential, with a zoning of R-4.5 SFR. 9. There is an 8-inch City sewer line in Walnut St. which is adjacent to the site. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City-County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than U.S.A. charges and keep the difference to offset City costs. Findings - Page 4 of 6 i ~ Exhibit A Proposal No. 3887 Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of $1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by U.S.A.. 10. There is a 6-inch water line in Walnut Street, which is adjacent to the site. 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 incorporated territory from the District and established a Tigard Water Department. The Tigard Water District contracts with the City to service customers within the Water District boundaries. The City intends to withdraw the territory from the District pursuant to an intergovernmen- tal agreement between the two entities. The City of Tigard/Tigard Water District water rates are charged bi-monthly. They include an administrative fee of $3.56, and a water use charge for everything over 800 cf. of $1.32/100 cf, for territories both within and outside of the City/District boundaries. 11. The territory is within the Washington County Enhanced Sheriff's Patrol District which, included with the basic County-wide level of protection, provides .93 officers per 1000 population. The parcel will be automatically withdrawn from the District upon annexation. The tax rate of $.6372 per $1000 assessed vafue wifl no longer be levied on the property. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.56 officers per thousand popula- tion. Emergency response in Tigard is under five minutes. The police department has commented on the proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the annexation. 12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 13. The East Washington County Functional Classification System designates Walnut Street as a Major Collector, which is a public thoroughfare intended to serve traffic from Local Streets to Arterials. It is Washington County's policy to retain jurisdiction over major collectors and arterials, and to turn over jurisdiction of local streets to cities upon request after annexation. The territory is within the boundary of the Washington County Urban Road Mainte- nance District. Upon annexation the territory would be automatically withdrawn from the District, and the 1997-98 levy of $0.2458 per thousand assessed vaiue will no longer apply. Findings - Page 5 of 6 . . • • Exhibit A I Proposal No. 3887 14. The U.S.A. has responsibility for surface water management within the Washington County urban growth boundary. U.S.A. has entered into an intergovernmental agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The City has responsibilities for operations and maintenance of storm and surface water facilities within the City. In the County, responsibility for maintaining drainage associated with roadways remains with the Department of Land Use and Transporta- tion. Therefore, road related drainage facilities do not transfer to the City upon annexation unless the road transfers to the City. The City may not issue permits for construction within or modification to a wetland, floodway or floodplain without first receiving approval from U.S.A. The District imposes a storm drainage fee of $4 per month on all properties of which the City keeps 75% or $3. 15. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the territory will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required , by the City in residential subdivisions. Upon installation of street lights by a developer to City standards, the City accepts deaication of tne street lights and takes on ongoing operation and maintenance costs. 16. The territory is within the boundary of the Washington County Vector Control District. I Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 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 I ~ • Aprii 30, 1998 Hearing PROPOSAL NO. 3888 - CITY OF TIGARD - Annexation Petitioners: City of Tigard; Donald Campbell; Fred Schmidtke 90th Day: June 7, 1998 i Proposal No. 3888 was initiated by a petition of property owners/registered voters and resolution from the Tigard City Council. The resolution and petitions meet the require- ~ ments for initiation set forth in ORS 199.490(2)(a) (B), double-majority annexation faw. ff ' the Commission approves the proposal, the boundary change will become effective on the date of approval subject to the provisions of ORS 199.519. The territory to be annexed is focated generally in the west part of the City, on the south edge of SW Carmen Street, east of SW 121 st Ave., and west of SW 1 16th Avenue. The territory contains 0.35 acres, one vacant single family residence, and evaluated at $166,770. REASON FOR ANNEXATION The property owners want to receive City services and develop one single family resi- dence. 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 prob(ems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrangements in the long term. LAND USE PLANNING Re4ionat Planninq. The territory is within the regional Urban Growth Boundary and the boundary of Metro. Washinaton Countv Planninq. The territory is located within the County's West Tigard Community Planning area. Washington County passed an ordinance, effective May 1, 1997, that pertains to "land generally described in the County's West Tigard Community Proposal No. 3888 - Page 1 • . Plan and the Bull Mountain Community Plan, including the Walnut Island, and an area north of the Tualatin River and East of Highway 99, but excluding the area immediately adjacent to King City." The following sections within the ordinance apply to this proposal. ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPORAT- ED CITY OF TIGARD AREA 801-4 Replacement As specified herein, this Ordinance replaces the existing Washington County Community Development Code standards applicable to all development proposals within the scope of this Ordinance and within the effected area, with the City of Tigard Community Development Plan... this Ordinance replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the maps of these two community plans to apply the functionally equivalent zoning district and plan designations of the City of Tigard to these areas The County Plan originally designated the site as low density residential, with a zoning of R-5 (5 units per acre). The County's current designation is low density residential, with zoning of R-4.5 SFR as in accordance with the ordinance described above (Article VIII). There are no significant natural resources designated on the site. I Countv 2000. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or special districts. Urban PlanninQ Area 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. The subject property falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion of the UPAA: A. Active Planning Area 1. Definition Active Plannin4 Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive Proposal No. 3888 - Page 2 • • ~ planning and seeks to regulate development activities to the greatest extent possi- ble..... 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY is responsible for the preparat+on, adoption and amendment of the public facility plan required by OAR 660-11 within the Aciive Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in I 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 ClTY's Active ' Planning Area. Citv of TiQard Planninq. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here: 10.1,1 Prior to the annexation of land to the City of Tigard: a. The city shali review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: 1. water; 2. sewer; 3. drainage; 4. streets; 5. police; and 6. fire protection, b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: Proposal No. 3888 - Page 3 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) water; ~ b1 sewer; c) drainage; and d) streets. 10.1.2 Approval of proposed annexations of land by the city shall be based on findings with respect to the following: a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or b. The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; c. The police department has commented upon the annexation; d. The land is located within the Tigard urban planning area and is contiguous to the city boundary; ' e. The annexation can be accommodated by the services listed in 10.1.1(a). The County Plan has been amended to reflect City of Tigard land use designations and zoning for the area that includes the subject parcel. Regardless, the City passed an ordi- nance for this proposal which will adopt City zoning upon annexation. The City designates the property as Iow density residential, with a zoning of R-4.5 SFR. FACILITIES AND SERVICES Sanitarv Sewer Service. There is an 8-inch City sewer line, within the Hunter's Glen subdivision, adjacent to the eastern edge of the site. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wet- lands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and Proposal No. 3888 - Page 4 . ~ 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 ot cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City- County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of treatment and transmission of the sewage or storm water, The City may impose higher costs than U.S.A. charges and keep the difference to offset City costs. Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of 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.. Water Service. The territory is currently served by a 6-inch water line in SW Carmen St., which is adjacent to the site. 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 incorporated territory from the District and established a Tigard Water Department. The Tigard Water District contracts with the City to service customers within the Water District boundaries. The City intends to withdraw the territory from the District pursuant to an intergovernmental agreement between the two entities. The City of Tigard/Tigard Water District water rates are charged bi-month(y. They include an administrative fee of $3.56, and a water use charge for everything over 800 cf. of $1.32/100 cf. for territories both within and outside of the City/District boundaries. Police Service. The territory is within the Washington County Enhanced Sheriff's Patrol District which, included with the basic County-wide level of protection, provides .93 officers per 1000 population. The parcel will be automatically withdrawn from the District upon annexation. The tax rate of $.6372 per $1000 assessed value will no longer be levied on the property. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.56 officers per thousand population. Emergency response in Tigard is under five minutes. The police department has comment- ed on the proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the annexation. Fire. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. Transaortation. The East Washington County Functional Classification System designates SW Carmen Street as a Local Street. It is Washington County's policy to retain jurisdiction Proposal No. 3888 - Page 5 ~ 0 over major collectors and arterials, and to turn over jurisdiction of local streets to cities upon request after annexation. The territory is within the boundary of the Washington County Urban Road Maintenance District. Upon annexation the territory would be automatically withdrawn from the District, and the 1997-98 levy of $0.2458 per thousand assessed value will no longer apply. Storm Drainaae. The U.S.A. has responsibility for surface water management within the Washington County urban growth boundary. U.S.A. has entered into an intergovernmental agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The City has responsibilities for operations and maintenance of storm and surface water facilities within the City. In the County, responsibility for maintaining drainage associated with roadways remains with the Department of Land Use and Transportation. Therefore, road related drainage facilities do not transfer to the City upon annexation unless the road transfers to the City. The City may not issue permits for construction within or modifi- cation to a wetland, floodway or floodplain without first receiving approval from U.S.A. The District imposes a storm drainage fee of $4 per month on all properties of which the City keeps 75% or $3. Street Lights. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the territory will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. 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. 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. RECOMMENDATION Based on the study and the proposed Findings and Reasons for Decisions found in Exhibit A, the staff recommends that Proposal No. 3888 be approved. Proposal No. 3888 - Page 6 PROPOSAL • 0 ■ 3888 ` ,_\I ca~in.f~~.~~ a ` ~ u ~ / . . t~5" o • r~ ~ c~. ~ _ II . ~ 'f~ . [ , .o• ~ ~.r. ' ~ ~-i- 1 ~ c ~ ~ t ~..1_ ~ ~ I \ \ ~ ' ••r ~ .c. ~ S~ o,.. ■■■~~1J~ : ~ .fH ~~C i ~ • ` ~ ~ 4 ~i..o•~ y~•_.~e 1l1 / `"pr dJ; -7~.~ ~1~..0~.•11. ~j ~1 a . ~j v/ . I ~e : .I StY' rl ` Ctt ~~1 ~tr~:~. ii, / \ - ~V S ~ a Rel~'r> ~ ~ II ;;i~`• r' \ ~'r _si M ~ ~ ; ~ ll IF r t ~ •:~~~i n. Y ` ~~li . (p`~ 1 ~'1~ ' MK',l`" ~1 E ~ -•~~/\.1~"~J1° : /-,y~j c~ _ .I v I u n (`I'_i p . ' .n~ ~i ~ ~ ~ . .~r-~K s~ ~1~ . ~ v a~~/ i. , ' ! J;- • ~ ~ i ~ ~~,U(~~ -~t s . ~ ~ • ' C,t=~ ' II / i.)^` ' ~y" . JL ~ r Cf. 4 \ OOF •,o~ ~ n., LJ :i ''t1c / Il I ' r, j C, o AREA TO B E ~ 5170) II " ANNEXED ~ ~ Z z~~ ; .,.~f~~ r~;.'~ k , . i ,c. u. r ~ ,li , ~ _ _ D ~i ~ , - :,,•r .r. _ ~ i - ~ ~ _ ~ , _ ~ I,,.. r;.. 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I 5:`'~"~~ i-- ~l~ ` ~ I i I~.. c _ ^ AREA SHOWN A B O V E n~ 1 G t g,,.~~~_ I•!. !i I ' PROPOSAL N0. 3888 CITY OF TIGARD ANNEXATION T~ _ . ~ ~ ' FIGURE 1 ~ ■ 3888 PROPOtAL 1 2S 1 36D SE1/4 NW1/4 SECTION 3 T2S R1W W•M• Washington County ,~f'` • n e~ Scale: 1- 200' O : 4Z ~w• = Ca W A giN-:gAMBI ~LN, f p ao . • zoo i ~ _ X , 2.~~e ~ 2 ' .s ' >T000^I T wi-' 83 ~ ' \ 00 5 w L"0 3l~e W 25 Z=~ , ~ „r~' e0 { e b~ ~ / Z • 00 ~ i . o-~ t \y 6~?` .saie { ~ ~ Z • n U,! ~ ~a rt 1 ~ lL! 7200 ~o 4aoo 1 7~ ~ zs ze 1,1.Q ^eioo ~ ~ .r,.~ ~ ~:.s,a _ , 68ao -~-1G ARD d -`~1 S 'fi n . °O.y''` ' j 3Q ..lP z4 ,'b • . ' ~ r 901, .Y '~1~ 7 I R6l' fi7 Z~ F" 7900 n . 7a00 -,t.a"`=~ _R-~° • _ : . ~ e G~:1 a o 7800 - r' tnnt eiao' .e•.~. i' yY! , . ~ % s r- TSOO .r.b g4 , aa 1'P~~ 1 I J• 9`db _ a~r ,y~'~1~4,.EL• ~.'GI~~ ' . y,r~~f+~fsf• .as~ f~? ~ \ u00 6000 I 780 z ' 23 78" ,a : , • u1 ~sao• oa 11 sm Q J ~dr•~ ~~g ~ 63u . I • ~ w 25' ,K TIPPITS,'°' aYmc. _ :soo~,e re 00 'P ' . i± 720O . ~ ~e •l~ g,- t' ' .qj: ~S: l~ r~2 ^~'M ` 9 :6G0^, -7~"{ \ ` 1~y ~e 16 ' , g 'I: _ i2~ .62C0 rw. cr i' C ~j ~ ~CG I•`' 6l 117 a ~ . CARME~`I" ;Es- aa ~^•.m:::;: . ~ r- " S W a , , n, na Z.qp 2~0 • 2'AO::i;: ` ennp 79:A :CCO` u,/~ •2900 2800 ~r~ ~ OX b: n... ~ ` ! • ( r: ~ • ~p1: ` a 7 T 590 ~ ;300 C'~ .4 . ~ S 6 = ; 4 w y~b`e a e Z E1= 3 X~: ~ .::Z . • ~ •a : a :i" ` •r: a4::• ;ea(~ ° I I eir.a4it:~ . ; :1 I ~-y• ~ . . , -ix V._ . a . Z.o.e, p 4• „I• .w I 8 c R :340 • .I ~1' ui .'f scx N a ~1 1 ~.1 ' .9vle 23-78 3 1 ai0i <2C0 u ~e. 1? F 3:00" 3600 ..a•e ' le Jz~e .•s c SN .7~e. -1 Sia~-T~ 8 S I 19 ' . c~ g . :1= ~k~ a c c. vsccno» ~ ° °I, ~~j~. STREET= " FONNER ~ • S W SEc MAv 25 I 3C PROPOSAL NOo 3888 CITY OF TIGARD ANNEXATION FIGURE 2 I ~ • Exhibit A Proposal No. 3888 FINDINGS Based on the study and the public hearing, the Commission found: 1. The territory to be annexed contains 0.35 acres, one vacant single family residence, and evaluated at $166,770. 2. The property owners want to receive City services and develop one single family resi- dence. 3. The Boundary Commission has three adopted policies. The first of these policies I states that the Commission generally sees cities as the primary providers of urban services. Recognizing that growth of cities may cause financial problems for the districts, the Commission states in the second policy that the Commission will help find solutions to the problems. The third policy states that the Commission may approve illogical boundaries in the short term if these lead to logical service arrange- ments in the long term. 4. The territory is within the regional Urban Growth Boundary and the boundary of Metro. 5. The territory is located within the County's West Tigard Community Planning area. Washington County passed an ordinance, effective May 1, 1997, that pertains to , land generally described in the County s West Tigard Community Plan and the Bull Mountain Community Plan, including the Walnut Island, and an area north of the Tualatin River and East of Highway 99, but excluding the area immediately adjacent to King City." The following sections within the ordinance apply to this proposal. ARTICLE VIII LAND USE AND ZONING FOR CERTAIN PORTIONS OF UNINCORPO- RATED CITY OF TIGARD AREA 801-4 Replacement As specified herein, this Ordinance replaces the existing Washington County Community Development Code standards applicable to all development proposals within the scope of this Ordinance and within the effected area, with the City of Tigard Community Development Plan... this Ordinance replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the Findings - Page 1 of 6 ~ • Exhibit A Proposal No. 3888 maps of these two community plans to apply the functionally equivalent zoning district and plan designations of the City of Tigard to these areas The County Plan originally designated the site as low density residential, with a zoning of R-5 (5 units per acre). The County's current designation is low density residential, with zoning of R-4.5 SFR as in accordance with the ordinance described above (Article VIII). There are no significant natural resources designated on the site. 6. Washington County reviewed its role in service provision in its Countv 2000 program. In this document, the County adopted a policy of supporting a service delivery system which distinguishes between municipal and county-wide services to achieve tax fairness and expenditure equity in the provision of public services. The County policy states that municipal services should be provided either by cities or speciai districts. 7. 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 Compre- hensive Pians. 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. The subject property falls within the "Active Planning Area" as designated in the UPAA. The following pertinent provisions are from Section A, "Active Planning Area" portion cf the UPAA: A. Active Planning Area 1. Definition Active Planninq Area means the incorporated area and certain unincorporated areas corttiguous to the incorporated area for which the C1TY conducts compre- hensive 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 660-1 1 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Findings - Page 2 of 6 • ~ Exhibit A • Proposal No. 3888 Plan in the future upon annexation to the CITY as indicated by the CITY Compre- hensive Pian. 6. Approval of the development actions in the Active Planning area shall be contin- gent 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, 8. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here: 4 10.1.1 Prior to the annexation of land to the City of Tigard: a. The city shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use ailowed, and wifl not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: I 1. water; 2. sewer; 3. drainage; 4, streets; 5. police; and 6. fire protection. b. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the follow- ing 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: Findings - Page 3 of 6 Exhibit A Proposal No. 3888 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). The County Plan has been amended to reflect City of Tigard land use designations and zoning for the area that includes the subject parcel. Regardless, the City passed an ordinance for this proposal which will adopt City zoning upon annexation. The City's designates the property as low density residential, with a zoning of R-4.5 SFR. 9. There is an 8-inch City sewer line, within the Hunter's Glen subdivision, adjacent to the eastern edge of the site. The territory is within the Unified Sewerage Agency of Washington County as is the City. The Unified Sewerage Agency has a standard agreement between the Agency and the large cities within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction and maintenance standards for sanitary and storm water sewer facilities, 2) follow and accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's consent before issuing construction permits within wetlands, floodways and floodplains. The agreement provides that the city owns and is responsible for sanitary sewer lines under 24 inches in diameter within the City limits and for storm water facilities within the City limits as identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees not to extend sanitary sewer service to areas outside the City within the City's Urban Planning Area (as identified in the City-County UPAA) unless the City approves. The City is responsible for billing the customers after service is installed and for collecting sanitary and storm sewer connection fees. If the City imposes the same connection fees and user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of treatment and transmission of the sewage or storm water. The City may impose higher costs than U.S.A. charges and keep the difference to offset City costs. Findings - Page 4 of 6 , Exhibit A Proposal No. 3888 Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of $ 1.00 per 100 cubic feet of water used by the customer. These City charges are the same as those charged by U.S.A.. 10. The territory is currently served by a 6-inch water line in SW Carmen St., which is adjacent to the site. 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 incorporated territory from the District and established a Tigard Water Department. The Tigard Water District contracts with the City to service customers within the Water District boundaries. The City intends to withdraw the territory from the District pursuant to an intergovernmen- tal agreement between the two entities. The City of Tigard/Tigard Water District water rates are charged bi-monthly. They include an administrative fee of $3.56, and a water use charge for everything over , 800 cf. is of $1.32/100 cf. for territories both within and outside of the City/District boundaries. 11. The territory is within the Washington County Enhanced Sheriff's Patrol District which, included with the basic County-wide level of protection, provides .93 officers per 1000 population. The parcel wi!l be automatically withdrawn from the District upon annexation. The tax rate of $.6372 per $1000 assessed value will no longer be levied on the praperty. Subsequent to annexation, the Tigard Police Department will provide police protection to the territory. Tigard provides a service level of 1.56 officers per thousand popula- tion. Emergency response in Tigard is under five minutes. The police department has commented on the proposal, as required in the City Comprehensive Plan 10.1.2(c), and supports the annexation. 12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect this service because the City is in the District. 13. The East Washington County Functionaf Classification System designates SW Carmen Street as a Local Street. It is Washington County's policy to retain jurisdiction over major colfectors and arteriais, and to turn over jurisdiction of local streets to cities upon request after annexation. The territory is within the boundary of the Washington County Urban Road Mainte- nance District. Upon annexat+on the territory would be automatically withdrawn from the District, and the 1997-98 levy of $0.2458 per thousand assessed value will no longer apply. Findings - Page 5 of 6 . . Exhibit A Proposal No. 3888 14. The U.S.A. has responsibility for surface water management within the Washington County urban growth boundary. U.S.A. has entered into an intergovernmental agreement with Tigard for allocation of the City and the U.S.A. responsibilities. The City has responsibilities for operations and maintenance of storm and surface water facilities within the City. In the County, responsibility for maintaining drainage associated with roadways remains with the Department of Land Use and Transporta- tion. Therefore, road related drainage facilities do not transfer to the City upon annexation unless the road transfers to the City. The City may not issue permits for construction within or modification to a wetland, floodway or floodplain without first receiving approval from U.S.A. The District imposes a storm drainage fee of $4 per month on all properties of which the City keeps 75% or $3. 15. The territory is within the Washington County Service District #1 for street lights. The District provides services to areas within its boundary which request street lighting services. The District uses local improvement districts to finance the service. Upon annexation the territory will be automatically withdrawn from the District. The City provides street lighting service out of its Street fund which receives State shared gasoline tax revenues as its primary revenue source. Street lights are required by the City in residential subdivisions. Upon instailation ol' streei lights by a developer to City standards, the City accepts dedication of the street lights and takes on ongoing operation and maintenance costs. 16. The territory is within the boundary of the Washington County Vector Control District. Tigard is not a part of the District. Upon annexation, the territory will be automatically withdrawn from the unfunded Washington County Vector Control District. 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 zco 9f -~~d Agenda Item No. 3,_ Meeting of 3- c-~ TIGARD CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 • STUDY SESSION I i > Meeting was called to order at 6:32 p.m. by Mayor Jim Nicoli ~ > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Engineer Gus Duenas; Community Development Director Jim Hendryx; Asst. to the City Manager Liz Newton; Engineer Brian Rager (regular session); Legal Counsel Tim Ramis; Public Works Director Ed Wegner; and City Recorder Catherine Wheatley. > Greenspaces Bill Monahan, City Manager, agreed that staff should meet to discuss issues with the greenspaces and then present their report to Council. > Discuss Trees 2000 Report Ed Wegner, Public Works Director, reported that the Council goal to plant 2000 trees in Tigard by the year 2000 has been expanded to approximately 8000 trees (7644 trees plus 500 trees already planted). He said that this goal was part of the visioning process for the aesthetics of the community as well as good natural resources and flood plain management. He mentioned the planting of 550 trees in Englewood Park by volunteers on "Let's Make a Difference Day", and the annual tree planting along Fanno Creek by the Friends of Fanno Creek, scheduled for March 7 in Englewood Pazk. Mr. Wegner reviewed the three work tasks of the program: planting trees in parks and open spaces, working with schools and public agencies, and a street tree program. He mentioned the work of Jeff Munro, Public Works, and Joe Percival, consultant, in mapping out the areas where trees should be planted. Joe Percival, Percival & Associates, said that the over 21 sites in the city that he and Mr. Munro visited broke down into two basic types: developed parks and natural areas. He explained that adding trees to the developed parks added shade, physical structure, beauty and other environmental benefits. Adding trees to the various kinds of natural areas would reinforce the function of the natural area, add some diversity, and rectify some of the damage that has occurred over time. Mr. Percival said that they considered tree size and tree quantity in evaluating where trees should be planted. He explained that in the pazks they would plant larger trees (3-inch caliper) and fewer of them than they would plant in the natural areas. In natural azeas (without irrigation) they would plant many small trees in imitation of nature's scattering of nuinerous seeds. . Councilor Scheckla asked if trees in parks would be planted deep enough so that the roots did not cause problems for maintenance crews. Mr. Percival said that the depth for planting trees CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 1 I , • • was fairly standard, regazdless of size. He explained that they chose tree species for a location that were suited to the environmental conditions of that location. For example, alder trees near the Tualatin because they could survive the annual winter flooding, and red oaks and ornamentals in Summerlake where there was no flooding. Mr. Percival commented that Washington County was basically a wetland for nine months of the year, so they selected species that were used to high water tables and nonoxygenated deep soil. Mr. Percival reviewed the recommendations. He mentioned the need to hire a staff azborist or urban forest manager to handle the increasing number of natural area and forested properties the City was rapidly acquiring. He stated that while the City pazk staff was excellent, they did not have the necessary expertise in urban forest management. Mr. Percival said that theY recommended a Program for the rePlacement of trees that were removed, a program to eliminate the non-native nutria and control the beavers (who caused much tree damage), and the implementation of guidelines for water quality facilities. He spoke to the use of trees to help mitigate against invasive species, such as blackberries, ivy, and reed canary grass. He recommended implementing the recommendations of the Fanno Creek Watershed Management Plan, as Tigazd was located in that watershed. He mentioned the upcoming Tigard Pazks & Recreation Master Plan also. Mr. Percival reviewed their action plan. He explained that they divided Phase 1 into two steps: spring planting of ornamental trees and trees along the edge of the greenway and the Cook Pazk wetland, and fall planting (after the blackberries have been removed during the summer in order to give the trees a good headstart). He said that they were looking to plant over 1800 trees by January 1999 in Phase 1. Councilor Scheckla asked what bidding procedures would be used to purchase the trees, and whether donations were acceptable. Mr. Wegner explained that they would have three bids for the spring plantings in Summerlake Pazk and Cook Pazk. Depending on the amount of money estimated, they would use either a formal bidding process or get three quotes. He said that they would accept donations of nursery stock but not a tree that a homeowner wanted removed from his backyard. Councilor Hunt asked if the City would acquire the Thomas Dairy property soon enough to incorporate it into the program. Mr. Wegner said that they should have that property by late summer, and that they intended to plant theie in the fall. Councilor Hunt asked if staff would install the ditches to replace the drain ditch. Mr. Wegner said yes. He commented that they hoped to have a perimeter row of trees planted in the wetlands boundary by mid-April or May. Councilor Rohlf asked how the nutrias would be handled. Mr. Wegner said that they have worked with the State to relocate the nutrias. He confirmed to the Mayor that they would put fencing around the smaller trees to protect them. Mr. Wegner commented that the Council would see in the budget an urban forester position and a second utility worker position (to work between Cook Park and general maintenance). Mr. Monahan noted that these positions were consistent with the five yeaz plan. Mr. Wegner commented that now they had a guide for tree planting for use when volunteers CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 2 . • • wanted a project. He said that after they bid out Phase 1, they would start on Phase 2, the schools. He stated that they would start on the street tree program after the urban forester was hired. He mentioned several issues involved in street trees, including maintenance, planting strips, irrigation, and who was responsible for maintenance. The Council discussed hiring the urban forester sooner than July 1 in order not to miss the season. Mr. Wegner said that staffcould bring forward a budget adjustment request. Mr. Monahan mentioned that April joint meeting with the School District at which this topic would be discussed. He asked Mr. Wegner to send preliminary materials on the program to the District in advance. Councilor Scheckla asked to put on the joint meeting agenda a discussion of shazed equipment with the District. Mr. Wegner reviewed the existing cooperative agreements between the City and other agencies (including school districts) to share equipment. , Jack Polans, 16000 SW Queen Victoria Place, King City, asked if 8000 trees would improve the air quality by increasing the oxygen in the air. Mr. Percival said that the oxygen produced by trees was highly variable, changing with the age of the tree and environmental conditions. He commented that trees helped with flood control, mentioning that a well-matured forest stopped 20-30% of the rainfall from reaching the ground. He said that trees were not Planted for today or tomorrow but for the next generation. Mayor Nicoli thanked NIr. Percival for his in-depth report, and expressed his appreciation for this tool the City could use with volunteers. Mr. Percival thanked Jeff Munro and Brian Embley for their help. ~ Mayor Nicoli suggested taking the drawings from this report to the CITs for their information and review. He mentioned writing an article on this in the Cityscape also. Mr. Wegner commented that this report listed only general azeas for plantings, and was flexible enough to avoid planting trees in a viewsheds or other unwanted places. . . . > Dartmouth LID Mr. Monahan explained that the City received a letter from one of the property owners included " in the Dartmouth LID assessment expressing the property owner's surprise at being included, as he had been excluded from it in 1984 through Ordinance No. 84-17. Mr. Monahan said that this was correct and that they had redo the assessment, redistributing the approximately $46,000 to the other property owners. He reviewed the properties now listed in the LID and those excluded. He said that they needed a new resolution to give staff the authority to send out revised notification to the property owners. The public hearing remained scheduled for March 17. Councilor Rohlf asked about the legal ramifications of this. Mr. Monahan explained that staff determined that they needed to adhere to the original Ordinance No. 84-17 provisions. Councilor Scheckla asked how the amount was redistributed. Mr. Monahan read the amounts of the remaining property owners from the first assessment and from the revised assessment. He said that the total amount was in excess of $47,080. CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 3 . • • Councilor Hunt questioned why three of the property owners paid less under the second assessment when a larger total was being distributed among them. Mr. Monahan said that that was how it worked out in the distribution formula, although he was not certain how the numbers were shifted around. He said that as staff received more information on the wetlands on these ProPerties, it was Possible that the assessments would change again. > Executive Session: The Tigard City Council went into Executive Session at 7:14 p.m. under the provisions of ORS 192.660 (1) (d), (e), &(h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:29 p.m. > Mayor Nicoli reconvened the study session. Mr. Monahan stated that ICing City annexation questions were not on the agenda at this time. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:35 p.m. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items Mayor Nicoli noted the revised resolution for the Dartmouth LID. 2. VISITOR'S AGENDA > Jack Polans,16000 SW Queen Victoria Way, King City, addressed the issue of King City • annexation. He stated that the citizens of King City wanted to maintain the King City Civic Association Charter granted by the State in 1966, and that they would vote against annexation to any one. He asked the citizens of Tigard to vote against a King City annexation. Mr. Monahan explained that the City of King City wrote a letter to the City of Tigard requesting information on possible annexation because the King City City Council was evaluating public safety in their community. They were investigating whether to add public safety officers or annex to Tigazd. He said that Tigard rrovided them the information on the tax rate as requested, and Kin g City dropped their request for additional information. He stated that the City of Tigard has never said that they were interested in annexing King City, they were simply answering questions. > Darlene Wozniak, 14200 SW Fern Street, stated that she attended the preliminary neighborhood meeting on the proposed expansion of the Act III Tigard Cinemas to add six screens and a parking lot south of McDonald's on SW 72"d Avenue. She said that she asked City staff member Mazk Roberts about the back street in that azea that was included in the Tigard street Plan to Provide needed connectivih' in the Triangle, and he said that it would not be required of Act III and that any appeal would be denied. Ms. Wozniak said that she understood that the back road would be required on the Cub CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 4 . • • Foods/Waremart property and wondered why it would not be required of Act III. She pointed out that there was no connecting street on S W 72"d between Dartmouth and Hwy 99 W to provide a circular traffic flow in the Triangle. She said that she supported the Act III expansion but would like this connecting road opportunity looked at also. Tim Ramis, Legal Counsel, advised the Council that they could not take a position on this issue, as it was potentially the subject of a land use application. He said that they needed to make sure that these comments were provided to all parties during the public hearing process. Jim Hendryx, Community Development Director, said that any application would be weighed against the requirements of the Triangle plan. > Gretchen Buehner,13045 SW Jacob Court, stated that she has tried without success to reach ODOT concerning the timing of the traffic lights on Hwy 99W. She said that the increased traffic from the developments to the south and west has created a serious backup problem on the side streets intersecting with Hwy 99W. The lights allowed only three cars at the most through the intersection. She asked that the City explore this issue, since her "non-governmental" efforts have been unsuccessful, and she saw a real danger of a fatality in this situation. Mayor Nicoli stated that the City has recently applied for state or federal money to deal with the timing of the traffic signals on Hwy 99W. Ms. Buenher suggested that the lights switch to the pressure plate system at 8 p.m. (instead of at 10 p.m.) because the traffic has subsided substantially by then, and then back to the timed lights sometime after 6 a.m., as a means of relieving some of the problem. 3. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohif and Scheckla voted "yes.") 3.1 Approve Council Minutes: January 20 and 27,1998 3.2 Receive and File: Park Study Advisory Committee Information 3.3 Approve Intergovernmental Agreement for the Washington Square Regional Center Grant with the Oregon Department of Transportation (ODOT) - Resolution No. 98-12 4. CALL FOR PUBLIC INPUT: STOP SIGNS AT SW BURNHAM STREET AND SW MAIN STREET • Staff Report Gus Duenas, City Engineer, reviewed the installation in August of a temporary four-way stop at Burnham and Main as a means of slowing down speeding traffic, relieving the congestion from traffic by-passing Hwy 99W, and increasing pedestrian safety. He said that staff received only one negative comment since the installation, and that all others have been positive. He mentioned that the traffic on Burnham Street has increased by 1000 cars a day, possibly due to the easier left hand turn on to Main Street. He stated that while the traffic counts northbound on Main Street have not dropped significantly, the stop sign has significantly reduced the speed of CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 5 . • . cars, and increased the ease of left turns onto Main from Burnham, Tigard, and Commercial Streets. He recommended installation of a permanent four way stop. Councilor Scheckla asked if staff received any feedback from the Fire District. Mr. Duenas said that while they have not received feedback directly from the Fire District, Mike Marr (the recipient of many comments on the stop sign) indicated that people felt that the emergency access onto Main Street and the side streets has been greatly enhanced. He observed that an orderly and predictable traffic movement on Main Street and the side streets would only enhance public safety vehicle movement. ~ Public Testimony > Mark Mahon spoke in support of keeping the stop sign. He said that those who regularly traveled Main and Burnham saw a marked improvement in the traffic flow on Main, and consequently took that route rather than cutting through the neighborhoods. • Council Questions/Comments Mr. Duenas confirmed to Councilor Rohlf that the stop sign has slowed speeds on Main Street. Councilor Rohlf said that he has noticed a marked improvement in the volume and speed of cars on Main Street. Councilor Moore commented that the slower speeds and increased pedestrian safety also benefited the merchants. • Council Motion Motion by Councilor Moore, seconded by Councilor Rohlf, to approve the installation as a permanent one. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 5. PUBLIC HEARING (QUASI-JUDICIAL): FISHER/PASSMORE FONNER STREET ANNEXATION - ZCA 98-0001 A request to annex two parcels totaling 3.25 acres of unincorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. LOCATIONS: 1300 Fonner Street; WCTM 2S103AC, Tax Lot 02000 and 11370 SW Fonner Street, WCTM 2S 103AC, Tax Lot 2101. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigazd Community Development Code Chapters 18.136 and 18.138. a. Mayor Nicoli opened the public hearing and read the hearing title. b. Declarations or Challenges: None c. Staff Report Mr. Hendryx reviewed the specifics of this annexation request for two properties totally 3.25 acres. He said that city services were available in Fonner Street, and that they received no negative agency comments on either the annexation or zone change request. CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 6 - • • d. Public Testimony > Ed Hunicutt asked that the developers of these properties be required to install a uniform fence along the back property line. He pointed out that three of the lots abutted his back property line. He contended that a uniform fence was more attractive than three different types of fences. Mayor Nicoli explained that the only issue before the Council tonight was the annexation request. He suggested that Mr. Hunicutt attend the neighborhood meeting developers were required to hold prior to making application for development. > Gretchen Buehner 13450 SW Jacob Court, expressed concern at the increased traffic that would travel on Walnut and 1215` resulting from the new developments built on these annexed properties. She asked if the City had a plan to address these traffic concerns. Mayor Nicoli explained that the City has purchased the property at the intersection of Walnut, Fonner, and Tiedeman. The Engineering Department was in the process of redesigning the intersection with the intent of funding it through the next budget cycle. He pointed out that these were County roads but they were working with the County to address this problem. Ms. Buehner commented that the County did not have a good history of requiring developers to make road improvements. Mr. Duenas confirmed that there was a three-phase MSTIP 3 project for Walnut from 1215` to 135`h. He said that the County was aware that this was a high priority, and Phase 1- the intersection - was slated for design in 1999. Mayor Nicoli commented that under the City's urban services agreement with the County, they were allowed to earmark TIF funds for the urban services area. ~ ' e. Council Questions: None ~ f. Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. Hendryx recommended approval of the annexation and rezoning of the property as outlined in the staff report. h. Council Deliberation: Ordinance No. 98-04 Resolution No. 98-13 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-13. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-13, A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0001, FISHER/PASSMORE FONNER STREET AND ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED EXHIBIT B. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-04. CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 7 - ~ ~ , The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-04, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE, ZCA 98-0001, FISHER/PASSMORE FONNER STREET ANNEXATION AND DECLARING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 6. PUBLIC HEARING (QUASI-JUDICIAL): FISHER/PASSMORE WALNUT STREET ANNEXATION - ZCA 98-0002 A request to annex one parcel of .92 acres of unincorporated Washington County land into the City of Tigard and to change the comprehensive ptan and zoning from Washington County R-5 to City of Tigard Low Density Residential, R4.5. LOCATIONS: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigazd Community Development Code Chapters 18.136 and 18.138. a. Mayor Nicoli opened the public hearing and read the hearing title. b. Declarations or Challenges: None c. Staff Report Mr. Hendryx reviewed the specifics of this annexation request for the .92 acre property located west of SW 121st off of Walnut. He said that the applicant wanted to annex to comply with conditions of approval for a three-lot partition. He said that city services of sufficient size were available in Walnut Street, and that they received no negative agency comments on either the annexation or zone change request. d. Public Testimony: None e. Council Questions Councilor Rohlf asked if the owner of the other property was interested in annexing. Mr. Hendryx stated that staff routinely contacted adjoining property owners of an annexation request to see if there was interest, and this property owner did not come forward. f. Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. Hendryx recommended approval of the annexation and rezoning of the property as outlined in the staff report. h. Council Deliberation: Ordinance No. 98-06 Resolution No. 98-14 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-14. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-14, A RESOLUTION INITIATING ANNEXATION OF TERRITORY CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 8 : • ~ REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0002, FISHER/PASSMORE WALNUT STREET AND ANNEXATION INTO THE CITY OF TIGAR.D AS DESCRIBED IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED EXHIBIT B. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-05. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-05, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE, ZCA 98-0002, FISHER/PASSMORE WALNUT STREET ANNEXATION AND DECLARING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 7. PUBLIC HEARING (QUASI-JUDICIAL): SCHMIDTKE CARMEN STREET ANNEXATION - ZCA 98-0003 A request to annex one parcel of .35 acres of unincorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. LOCATION: 11760 SW Carmen Street; WCTM 2S103BD, Tax Lot 02300 APPLICABLE REVIEW CRITERIA: Tigard Comprehensive- Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigazd Community Development Code Chapters 18.136 and 18.138. a. Mayor Nicoli opened the public hearing and read the hearing title. b. Declarations or Challenges: None c. Staff Report Mr. Hendryx reviewed the specifics of this annexation request for one .35 acre property to access city services. He said that the request did include a portion of the right-of-way on Carmen Street. He said that city services were available to the property, and that they received no negative agency comments on either the annexation or zone change request. d. Public Testimony: None e. Council Questions: None f. Mayor Nicoli closed public hearing g. Staff Recommendation Mr. Hendryx recommended approval of the annexation and rezoning of the property as outlined in the staff report. h. Council Deliberation: Ordinance No. 98-06 Resolution No. 98-15 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-15. CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 9 - • • The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-15, A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0003, SCHMIDTKE CARMEN STREET AND ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTRATED IN ATTACHED EXHIBIT B. Motion was approved by unanimous voice vote of Couricil present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 98-06. The City Recorder read the number and title of the ordinance. OR.DINANCE NO. 98-06, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE, ZCA 98-0003, SCHMIDTKE CARMEN STREET ANNEXATION AND DECLARING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 8. REVIEW OF PROPOSED POLICY TO FORMALIZE THE CITY COUNCIL'S APPROACH TO ANNEXATION a. Staff Report Mr. Hendryx reviewed that the Boundary Commission would be dissolved at the end of this year with the hearings procedure changing in 1999 to the local governments holding the one and only hearing on annexations except for contested cases. He explained that Metro would heaz contested cases for jurisdictional disputes only. He said that staff would keep the Council updated as the procedures were, rewritten. Laurie Nicholson, Associate Planner, said that staff recommended continuing with the existing City policy of processing annexation requests initiated by the property owner. "Double majority" (the majority of property owners and the majority of voters) was the typical method used. She reviewed the other methods of "island" annexation, petition of 50% of the property owners and 10% of the registered voters, a Boundary Commission resolution, and health hazard. Ms. Nicholson said that staff recommended that the City no longer waive the $11601ocal application fee, and that Walnut Island residents wishing to annex pay the Boundary Commission fee. She said that the effect of this proposal was annexation occurring incrementally over a long period of time. Councilor Hunt requested that the Council revisit this issue once the Boundary Commission dissolved and they knew what the new ground rules would be. Ms. Nicholson mentioned that the Metro attorneys were drafting the method of approach that cities would take for annexation. She said that Metro would take a very limited role in annexation, reviewing only jurisdictional dispute appeals. Mr. Ramis commented that they CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 10 . • • would need to develop not only new ground rules but systems for recordkeeping since the Boundary Commission would no longer record the boundaries. Mr. Monahan noted that neighbors from the SW 106th area were here tonight. He reviewed that Mr. Sanders and some of his neighbors had met with staff to discuss annexation to access city services and the sewer reimbursement district program. He summarized the Council discussion last week as while the Council did not object to property owners recently annexed using the sewer reimbursement program, they wanted to discuss the City annexation policy prior to giving direction to the neighbors. He said that the Council expressed a concern that incremental annexations of the Island might leave more people in the Island opposed to annexation than in favor of it, and make it more difficult for the City to annex the Island. Councilor Rohlf suggested using the "double majority" method to bring in the two properties in the area whose owners have not joined in the annexation request. Mayor Nicoli concurred. He supported proceeding with the sewer reimbursement district program for this neighborhood once they annexed. Councilor Scheckla asked how many people would hook up to the sewer. Mr. Monahan said that of the nine property owners interested in annexation, only one was not intert!sted in hooking up. However since Mr. Sanders was already in the city, he raised the total number for a sewer reimbursement district participants to nine. Mayor Nicoli opened up the discussion to public comment. > Jim Flatters said that, counting Mr. Sander's property, there were lO lots in this area that the neighbors thought would work for the sewer program. Only one of those was not interested in sewer. He reiterated that their main reason for requesting annexation was to access city sewer. Mayor Nicoli pointed out that annexation was no guarantee that the City would institute the sewer program, as that was a separate request. He reviewed the provisions of the sewer reimbursement program, mentioning that it left the choice of hook up to the individual property owner. Mr. Flatters . said that they were concerned that they not be barred from using the program once they anne.ced simply because they were recently annexed. He said that they understood that there were no guazantees but they would like some assurances that once they annexed in, they could start the ' sewer program. Mr. Duenas reported that there was more than sufficient money in the sewer reimbursement district fund to pay for the two potential small projects. He said that staff was looking for a lazger project. b. Council Discussion Councilor Hunt said that he thought that they set up this program for exactly this circumstance, as a way to entice people into the city. He supported allowing the neighbors to use the program. Councilor Rohlf said that while he would not commit to anything right now, he saw no reason not to move forwazd. Councilor Scheckla asked about the timeframe for applying for sewer following annexation. Mr. Duenas said that they could do the annexation and reimbursement district application concurrently. CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 11 : • • Ms. Nicholson confirmed to Councilor Hunt that with the double-majority method, a single property owner opposing annexation could be brought in whether or not he/she wanted to annex. Councilor Rohlf suggested establishing a policy to force single property owners opposing annexation to annex when the majority in the area supported it. He spoke to cleaning up the "checkerboards." Mayor Nicoli said that he did not have a problem with the resolution. He spoke to the City looking into annexing the already developed eastern end of the Walnut Island when they considered the intersection improvements at Walnut/Fonner/Tiedeman. Councilor Hunt said that the possibility of forcing annexation on the Walnut Island was one reason why he wanted this issue revisited once the Boundary Commission dissolved. He commented that they had not done forced annexations because they had thought that the Boundary Commission would not support them. Jack Polans asked to set up an appointment with Mr. Hendryx to discuss several questions he had on this issue. c. Council Consideration: Resolution No. 98-16 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 98-16. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-16, A RESOLUTiON BY CITY COUNCIL ADOPTING CITY POLICY REGARDING ANNEXATION PROCEDURES. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") > Mayor Nicoli recessed the meeting at 8:45 p.m. for a break. > Mayor Nicoli reconvened the meeting at 8:56 p.m. 9. DISCUSSION ON POLICY ALLOWING PRIVATE STREETS AND RESPONSIBILITY FOR MAINTENANCE OF PRIVATE STREETS a. Staff Report Mr. Hendryx reviewed in detail the Code and Zoning Ordinance requirements for private streets, private storm drainage, and private street lights as discussed in the staff report (see attached). He explained that private streets were allowed outright for small subdivisions of less than six lots or through the planned development process for the Planned Unit Developments (PUD). Mayor Nicoli pointed out that Council saw two types of private streets: those that were built to , look like a city street, and those that were not. He commented that people buying homes on private streets that looked -like public streets often did not know that they were buying on a private street, and looked to the City for maintenance. Councilor Rohlf pointed out that private streets built to look like public streets might not have a substructure built to city standards. Mr. Hendryx used a series of slides to illustrate the two processes in which private streets were CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 12 : • ~ allowed. He reviewed the various reasons why private streets were allowed for subdivisions of less than six homes and for PUDs. He stated that private streets allowed a proposed small development to trade off access with other public standards in order to allow a greater number of lots than would otherwise be feasible, given the improvements of a public street. They allowed a PUD to create a planned environment through the application of flexible standards to allow application of new techniques and technology. Mr. Hendryx said that the Development Code gave a lot of discretion to the City Engineer in his review of the appropriateness of private streets in a given situation. It also required legal assurance for the continued maintenance of private streets, such as a bonding maintenance agreement and the creation of a homeowners association. Councilor Rohlf commented that the mechanism for giving notice of private streets seemed to break down. Mr. Hendryx said that staff could not monitor developers giving notice of private streets. It was a case of "buyer beware." Mayor Nicoli commented that there were better mechanisms of notification, such as a deed restriction that would show up on a title report. Councilor Hunt pointed out that the majority of homebuyers did not read the title report. Councilor Moore expressed concern that the City not take on a responsibility that was not theirs. The homeowner was accountable when he bought the property, not the City. Councilor Hunt said that he disagreed. He spoke to eliminating private streets in PUDs, though allowing them for the less than six lot subdivisions. He cited two examples in Summerfield where people had not known that they were buying lots on a private street. Mayor Nicoli said that he agreed but spoke to making it cleaz through a deed restriction that even those streets were not public streets and required maintenance by the homeowners. Mr. Hendryx continued with the staff report. He reviewed specific standards for private streets in PUDs. He explained that since 1997, staff no longer required installation of street lights on private streets but had an unwritten policy of recommending them with the choice left up to the developer, although they still had to be metered sepazately from the city street lights. He said that beginning in 1997, storm drainage systems in private streets would no longer revert to the City after three years, although they still had to be built to public standazds. Mr. Hendryx reviewed provisions for street width, parking, and addressing. He said that private streets had blue street signs as opposed to the green signs for public streets. He reiterated that private streets were required to be maintained by the abutting homeowners, and that the City had no responsibility for their maintenance and upkeep. Councilor Hunt asked why the street light policy changed in 1997. Brian Rager, Engineering Department, explained that after receiving complaints from developers regarding the requirement for street lights, staff reseazched the Code and found there was nothing requiring the installation of street lights on private streets. So staff decided to back off and give the developer the option of installing street lights while at the same time recommending their installation for public safety reasons. He said that the lights still had to be on a separate meter system, as staff did not think that the public should pay for street lights on private streets or for storm drains on private streets. Mr. Hendryx mentioned several issues involved with the maintenance of private streets. He said that one reason the City refused to accept responsibility for private streets was the tendency for homeowners to fail to maintain the facilities on a regulaz basis, thus leading to greater costs in CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 13 • • ~ the future. He pointed out that the developer set the street width, usually to allow onstreet parking on one side. However the City did not enforce parking on private streets. Mr. Hendryx reviewed the options available to Council. He pointed out that not allowing private streets at all created a difficult situation for small scale development and reduced the flexibility for PUDs. He commented that if a developer could not build to his proposed density, then the city might have to make up the difference elsewhere. He reviewed the implications of a policy of selectively allowing private streets, pointing out the need for clear definitions and criteria. Mr. Hendryx recommended maintaining the current policy with the understanding that developers were choosing private streets to avoid certain public standards, and therefore, the City was not responsible for their maintenance, either now or in the future. He recommended requiring all developers of private streets to install street lights and leaving the decision on their continued operation up to the homeowners. Mr. Hendryx recommended that the maintenance and costs of storm drainage systems in private streets also be the responsibility of the developer and the future homeowners association. He said that the City would accept responsibility to maintain the water and sanitary sewer lines in the street. He mentioned a conversation with the County regarding this issue, and that the County had the same issues as the City. Although the County was probably more flexible in allowing private streets, it had a policy that private streets remained private, and that the County would not take responsibility for them in any situation. He said that as long as the Council had a consistent policy, the policy was workable. Mr. Rager presented a series of slides illustrating private streets in Tigazd, both in small subdivisions and in PUDs. He pointed out that a concrete apron and a blue street sign delineated private streets from public streets. He reiterated that the City did not enforce pazking on private streets. He noted the reduced setbacks in PUDs. Councilor Hunt asked what the restrictions were for cul-de-sacs. Mr. Rager said-that currently the standard allowed a 400 foot long cul-de-sac. Mr. Hendryx mentioned that they were reducing that to 200 feet to comply with Metro standards to provide greater connectivity. Mr. Rager continued with the slide presentation. He commented that hammerhead turn arounds were allowed only on private streets, never on public streets. He mentioned the fire code requirement that any dead end road over 150 feet long have a turn around. Nick Wilson, 12752 SW Winterlake Dr., Planning Commission Chair, stated that the Commission was also concerned that people did not know that they were buying on private streets, and that homeowners associations seldom adequately maintained shared facilities. He pointed out that as Tigard built out, only the more difficult sites were left. He suggested less density as an alternative to disallowing private streets. He said that the Commission concurred with staf-Fs recommendation to maintain the current policy. He observed ttiat people purchasing single-family detached dwellings were the least likely to suspect that they were on a private street. Mr. Wilson recommended modifying the staff recommendation to disallow private streets in a single-family detached house situation. Gretchen Buehner, 13045 SW Jacob Court, stated that she was a real estate lawyer. She concurred with Councilor Hunt that people did not read the title report. She mentioned the Real CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 14 - • ~ Property Disclosure Law passed by the state legislature in 1993 that provided a"laundry list" of things that a property seller had to disclose at the time of the transaction. It required signatures of both the seller and the buyer. She suggested adding disclosure of private streets to the list. Ms. Buehner said that, based on her experience as a lawyer and a Portland Variance Committee member, she has observed that cities did not as diligently watch a development when private streets were installed as when public streets were installed. She concurred that many times property owners did want to return streets to the City when there was a problem. She pointed out that the slides all showed relatively recent developments that did not yet have problems with ' their private streets but in 30 to 50 years, the situation would change. She suggested addressing ' in their plan the long-term maintenance of private streets. She mentioned that emergency vehicles could not get up roads not properly maintained. Mr. Ramis mentioned that while reviewing a title report recently, he saw a maintenance agreement that caught his attention because of its "dramatic" language. He suggested rewriting their maintenance agreements in such a way as to grab people's attention. b. Council Discussion Mayor Nicoli commented that some of the projects shown on private streets were affordable housing, something the City was being pressured to provide more of. He said that he liked the idea of not allowing private streets on detached single-family homes. He supported providing some opportunity for private streets in other situations, such as attached housing. Councilor Scheckla expressed concern that the Council not rewrite the policy so as to place an extra burden on staff. Councilor Moore supported retaining the current policy of allowing private streets in appropriate situations. He conceded Councilor Hunt's point about the lack of notification to buyers but contended that the City should not become the "private street police." He mentioned several options for warning homebuyers, including changing the blue sign to read "private street," a deed restriction, or requiring the developer to put up a maintenance bond to insure maintenance of private streets. He said that he thought that private streets were necessary. Councilor Moore supported the unwritten rule used by staff now of allowing the developer the choice of installing street lights. He stated that if the street lights were not in the city right-of- way, then the city should not be paying for maintenance or energy. He mentioned that homeowners could work with the local utility company to get street lights put in, if the developer chose not to do so. He pointed out that they have had only a couple of requests in the past two years for the City to take over private facilities. Councilor Scheckla concurred with Councilor Moore's comments. Councilor Rohlf stated that he opposed private streets. He concurred with Ms. Buehner's comments that in 40 yeazs, they would see more requests as the roads degenerated over time. He supported requiring street lights on private streets as a safety issue. He azgued that ailowing substandazd development today only created problems for tomorrow. He said tha£ while he could see the advantages of private streets for small subdivisions and PUDs, it was infill development that gave rise to the increased density and traffic that people did not like. Councilor Hunt concurred with Councilor Rohlf. He supported eliminating private streets in CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 15 • ~ PUDs, although he said that he would go along with allowing them in small developments. Councilor Moore expressed his concern that by not allowing private streets, they handcuffed property owners who could not develop their properties with a full sized public street. Mayor Nicoli proposed continuing this discussion to the March 10 meeting. The Council agreed by consensus. 10. NON AGENDA ITEMS > Mr. Monahan said that this resolution was intended to correct an error made on the initial proposed assessment. MoNon by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution No. 98- 17. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-17, A RESOLUTION ADOPTING THE PROPOSED ASSESSMENTS, DIRECTING THAT NOTICE BE SENT TO BENEFITING PROPERTY OWNERS AND ESTABLISHING A PUBLIC HEARING DATE FOR THE DARTMOUTH LOCAL IMPROVEMENT DISTRICT, SUPERSEDES RESOLUTION NO.98-11 TO COR.RECT EXHIBIT A, THAT LISTED PROPERTY OWNERS ON THE ASSESSMENT ROLL THAT WERE EXEMPTED BY ORDINANCE NO. 84-17. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, > Councilor Hunt asked staff to try to find a compromise between the two positions on private streets. 11. EXECUTIVE SESSION: Cancelled 12. ADJOURNMENT: 10:00 p. . Atte : Catherine Wheatley, City Recorder ~#Or, City of Tigazd Date: CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 16 • • P1YIAL GBC FORItit 94 CERTIFIC,iT10N OF LEGAL DESCRIPTION A1VD itifAP I he:ebv ce:ti"ry that the description oi che propert}r included within the attached peririon (located on Assessor's Map has been checked by me and it is a true and exact descriorion of the property under consideration, and the desc:iprion corresponds to the attached mag indicating the properry under consideratien. NAVINfl~ -T =E DEPARTINMIN'T ~ 'i/2~fr°r'fi7~~i~r1" ~~GY CO)-ViY OF DArE /-T-~ -T-=- I 19 Revised 11i93 L C K /O • YISh.s~/ `'153/►hrL '(it/~i~/t~f ~ An~.Jl~+%'. • PNIAL GBC FORM #6 B O UIVDAR Y CHA1vGE DA TA SHEET 1. E.YISTING CONDITIOjVS IjV ARF.A TO B.E ANiV.EYED OR WITHDRA y rW A. Land Area: Acres 0-Q~ or Square Miles B. General description of temtory. (Include topographic features such as slopes, vegetation, drainage basiris, floodplain areas, which are pertinent to this proposal). 0.~1• /c>>~~~~~~: /,c~•~% jreI4 ~~~+'✓rc5 C. Describe land uses on surtoundin; parcets. Use tax lots as reEerence points. iNotifl: i~ ~a~'"S Z'ri~GY'i ~'.$GZ7 .2.~~ - ~ ~^S✓~ ~.%~i! EaSt: .l9~4 /0~ 7;3500 - <i' c,le ✓ . South: West: %9x 4f.5 .~'~Lv 3/00 D. Existinc, Land Use: Number of sinate-f3miiy units ~ vumber oF multi-family units Number commercial s;ructures ~ Number industrial structures ~ Puolic facitities or other uses ~ Wnat is the current use the land oreoosed to be annexed: E. Total current year Assessed Valuation S Tocal existing population I 11 Revised 11193 • • . II. REASOrV FOR BOUIVDARY CHAN.JE 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 . cammission shall. considec Iocal comgrehensive planning foc the area, economic, demographic, sociological_projections perrinent to the proposal, past and prospecrive physical devetopments of land that would directly or indirectly be affected by the proposed boundary change..." Considerin; these points, please pravide the reasons the proposed boundary change should be made. Please be very specific. Use addirionai pages if necessary. (This information is ofteZ quote3 in the Staff Report, so ba thorough and complete.) ~ VG ~,%~/Y1.E7 ~ /'~c%L1~'Ci'~'C•~ !7l/ ~'"~~'.~~c~ ~J /~On~ C~ T`C C-~l"l ~ . ~ i B. If the propecty to be served is entirely ar substantialty undeveloped, what are the plans for future develooment? Be specific. Descrioe type (resideniial, industrial, commercial, etc.), density, etc. A~f7 T~ 7 IIL L41VD USE ANZ7 PL4:VNING A. Is the subject territory to be develooed at this time? B. Generaliv descrioe the anticioatzd develooment (bui[ding types, facilities, number of units). 0/7c/ -&.%4 %~s r~ !t sl;'- ~C ~ do!-4 ~ i C. Is the subjact t;rritory inside or outside oi the Me:ro Regional Urban Grow-th Boundar,,? ds 1 ~ Revised 11i93 . . ' • . • D. What is the applicable Counry Planning Designarion? or Ciry Planning Designation Does the proposed development comply with applicable regional, counry or ciry comprehensive plans? Ple3se describe. E. What is the zoning on the territory to be served? r ' ~•R ~ F. Can the proposed development be accomplished under current counry zoning? ❑ Yes ❑ No If No,---has a zone chan;e bean sought irom the counry either formally or informally. o Yes ❑ vo Please describe outcome of zone change request if answer to previous quesrions was , Yes. •:~:.r~ 15~!'Q/J~ex4~b., i G. Is the proposed developmenc comparible with the city's comprehensive land use plan for ;ne area? • Yes ❑ No ❑ Ciry has no Plan for the area. Has the proposed eeve!opment been discussed e:ther formally or informally with any of tha foiiowin;? (Plessz indicate) 0 City Plannins Commission _K Ciry Plannin; Stsff ci City Council ❑ Ciry Manager Please descrioe the resction to thz prooosed development fron the persons or agencies indicated above. ~ ve , / 13 RI-vised 11;`c-_, • • • • H. Please indicate all pecmits and/or approvais from a City, Counry, or Regional Government which will be needed for tlle proposed development. If already granted, please indicate date of approval and identifying number: APPROVAL PROJECT DATE OF FUTURE FILE m APPROVAL REQUIREVfENT Metro UGB Amendment City or County Pian Amendment Pre-Application Hearina, (Ciry or Counry) Preliminac;/ Subdivision Aporoval ~ Fina1 P1at Approval Land Parririon ~10jjdo;S /o/L3/9 Conditional L'se V ari ance , Sub-Surface Sewage Disposal I ~ Building Permit ( Please submit copies of proceedings relacing to any of the above permits or approvals which are pertinent to the annexarion. I. Ii a ciry and/or counry-sanc:ioned citizels' group exists in the area oi the annexation, please Iist its name and addr~ess ot a contact person. I % SFRYICES 4jVD UTILITIES A . Plzase indicate the following: l. Locativn and size oi nearest wacer line whicn can serve the subjecc arles. ~7 „ ~N~j7Cr ~nG ~,^.C' Wi! 11(ff" 14 Revised 11!93 . - • ~ 2. Location and size of nearest sewer line which can secve the subject area. r~ lt~)4 3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can serve the subject area l(.~ S~vrf-' L, rv i~'(''✓~CG ~r~L'CJec/ %,~$h,~frfb~l ~^C !%.~Tr,,~>. 4. The time at which services can be reasonably provided by the city or district. . ~,TMn•LCaI ~G ~ 5. The estimated cost of extending sucn faciliries and/or secvices and what is to be the meshad of financing. (Attach any sugporting documents.) k1bnL Pw.4S5!2 6. Availabiliry of the desired senvice from any other unit of local government. (Please indicate the government.) ~ ~ 1 ~ I Reviszd 1 U93 _ , . . • • • B. If the territory described in the proposal is presently included within the boundaries of 3ny of the following rypes of governmental units, glease so iridicate by stating the name or names of the governmental units involved. City Rural Fire Dist ~~i~'.~~;~~r I,a. ~~j~m--~• Counry Service Dist. Sanitary District i icda IV/ Hwy. Lighring Dist. Water District , Grade School Dist. Drainage District ' Hi;h School Dist. Diking District ~ Library Dist. i a,Alrldl Park & Rec. Dist. 5pecial Road Dist. Other Dist. Supplying Water Szrvice C. If any of the above units are presentIy servicing the territory (for instance, are residents in the territory hooked up to a puolic szwe: or water system), please so describe. APPLICANT'S VAME ; ed vy.sSn~or~e_ tiiAILIi iG ADDRESS 12f~?C~ ~lohq , v~2 9700 7 ~ TELEPHO~+E NL': ER 15'571 (Work ) -~`IZ- C890 (Res.) RE PRE S ENTING D ATE: ~ 16 Revised 11!93 . 0 PNIALGBC FOR1tiI #IS PETITION FOR riNNE.YriTION TO THE CITY OF ~d , OREGON TO: The Council of the City of i' 4l-c✓ Oregon We, the undersigned properry owners of and/or registered voters in the area described below, hereby peririon for, and give our cansent to, annexation of che area to the City of 77:4 ~ircl . If approved by the ciry, we further request that this petition be forwarded to the Portland Metropolitan Area local Govemment Boundary Commission for the necessary procedures as prescribed by ORS 199.490(2). The property to be annexed is described as follows: Beginning at an iron rod on the South line of said Northeast quarter which bears South 890 18' West, 1068.9 feet from the quarter corner on the East {ine of said Section 4 and running thence North 1° 16' West, 325.0 feet to the true point of beginning; thence North 10 16' West 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence along said centerline South 890 22' West, 132.65 feet, from which an iron bears South 10 16 East, 30.0 feet; thence leaving said centerline South 10 16' East, 331.25 feet; thence North 890 18' East, 132.68 feet to the true point of beginning. 17 Revised 11/93 • • PALiLGBC FO&V -pur16 CERTIFIGiTION OF PROPFI2TY OWNERSHIP ' ' - (Double MajoriryLfethod) I hereby certify that the attached petition for annexarion of the territory described therein to the City of contains the aames of the owners" of a majority of the land area of the territory to be annexed, as shown on the last available complete 3ssessment roll. N?~'1VE` /-'~~n } 1 TITI.E _ ~~r o~zY~PhiV ~r DEPr1R'I1ENT COLTNTZ'Y OF , DATE ' "Owner" means the owner of the ritle to real oroperry or the contract purc:zaser of real property. PALiLGBC FORM -r"r17 CERTIFIGiTI01V OF REGISTERED VOTERS I hereoy c,~tify that the attacned oetition for annexarion of territory desc:ibed he:ein to the Cirv of contains the names of at 1e3s: a majorirv of L'ie elec.ors regis; .ed in the territory to be annexed. 11Q J~-D~ vA-Nf E TITLE - u Qsvt ~ DEP ARTMEVZ COL'."ZY OF i DAiL ~ ~ ~ " ~ C~ ✓ 1 s Revised 11/93 • ~ P:tilaL GBC FORlvt m19 (Tnis form is XOT ihe petition) aLL OWNERS OF PROPEr2TY r1NDiC?R REGISTFR.ED T/OTFRS I.VCLUDED I.V BObiVD,4RY CF--LvGz ?ROPOS4L ARQ (To be completed LF the proposal contains 10 or fewe: land owners/reoistere3 vote:s. ?Iease indicace the name and 3ddress oi ail owne:sivocers re;srdless oi wne:ne: cney si~ed an annexation earion or not T'nis ' ~ p ) is roc noaiicanon purposes. v:l~ Or OWti'ER,,VOiLR :~DDR: S S PROPEZTt! DESIGNA iiOv (Indicste tax !ot~ secr.an numbe;, lOwRSi11D 351d R371la_) 1 0 16,17,11 J 1~17G .2 S lb Lt r4 D 0-.5 S OQ ~QYtf'Y~N~1 ~ ^ i . 01) C) :'J R~:iseA 1 ,,c3 • • . P:tiIr1L GBC FORILI #19 (continued) (7'his form is iVOT che petrtion) ALL OWNERS OF PROPERT'f AND/OR REGISTCRED vQTERS I.rICLUDED IN BOCrT1DARY CH.4NGc PROPOSAL ARF-4 - (To be compleced IF the proposal contains 14 or iewer land owners/registered voters. Please indicate the name and address of all ownersJvocers regardless of whethe- they signed an annexarion perition or not.) This is for notiiicsrion purposes. N.AME OF OW'NERNOTER ADDRESS PROPERTY DESIGNA iION (Indicate tax lot, secaon number, Townsnip and Ran;e) (9) (10) . =1 Revised 111193 • • P_ytAL GBC FORtiI #30 ~ DOGBL: XI4IORITY i-VORK SF~E-:777 Please tis: all prooertiesiregistered voterS inciuced in the proooszl. (If needed, use sepazate saeet for zddiuonal lis:ings). _ PROPERTIES Prope:ty Assessed Sineci Pention Designadon Vame oi Owne: :~c:es Vslue Yes ~ia (Tax Lot Ts) I 2 5 A A-o 03300 I I I I I I I ( I I I I I I I I I ~ ~ ( I I I I I ( I ~ I I I I I I I I I I. i i! I I I ! I i ! I ! I ( I ~ i I I T 10 T..s R_viszd 1,53 . PMAL GBC FORItif,',20 (continued) , REGISTE'RED VOTERS ADDRESS OF REGISTERED ~N:~~lE OF REGISTERED SIGNED PETI70N V'oter Voter Yes I No ( i I 1 1 I I i { i { I 1 I I I 1 I I I 1 E I i { , TO?:ki.S ( I I i ~ SUl-~L~RY TOTAL tiZNEBER REGISTERED VOTERS Iv PROPOS AL ~ i NNZ.tif3ER OF REGISTERED v'OTERS ~Y-HO SiGLNED ~ PERCE~+-I' AGE Or RcGISTER: D V0-113,5 WkO SIGv-ED TOTAL ACRE AGE IN PROPOSAI,. ° ~,2 ACREAGE SIG\-ED FOR s GIo~- I'Z2~ ~ s' PERCENI' AGL OF ACRE AGE SIGvED FJOR ?3 Revised 111193 r • • r AGENDA ITEM r FOR AGENDA OF: Februarv 24, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE__ Zone Change Annexation (ZCA) 98-0002 - Fisher/Passmore Walnut Street Annexation , / ~ PREPARED BY: Julia Powell HajdukCp DEPT HEAD OK /t/ LCITY MGR OK ISSUE BEFORE THE COUNCIL Should the Tigazd City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one (1) parcel of land consisting of .92 acres located at 12920 SW Walnut Street, south of SW Walnut Street and west of SW 128th Avenue? STAFF RECOMMENDATION Adopt the attached Resolution and forwazd the request for annexation to the Boundary Commission and adopt the attached Ordinance to assign comprehensive plan and zoning designations to the subject property in conformance with the City of Tigard Comprehensive Plan. INFORMATION SUMMARY The proposed annexation consists of tenitory comprised of one (1) parcel of land, totaling .92 acres which is contiguous to the City of Tigard. The property is currently developed with a single-family residence. The property owner has received approval for a three (3) lot partition (MLP 97-0015) with the condition that the property be annexed. Attached is a Resolution initiating annexation and an Ordinance to change the comprehensive plan and zoning designations from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. OTHER ALTERNATIVES CONSIDERED Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." FISCAL NOTES Since the subject tenitory is within the City of Tigard's Active Planning Area, the City is responsible for paying the Boundary Commission application fee of $225 by City Council Resolution. COUtiCIL AGE`DA t7'EM SUMMARY i:\cirywidelsum\zca98-02.sum Page l of 1 Julia P H 10-Feb-98 4:55 P.%9 \ •ITY OF TIGARD, OREGON • RESOLUTION NO. 98- A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE ANNEYATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER [LLUSTRATED IN "EXHIBIT B". WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131 st Avenues; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law ORS 199.410 to 199.519; and ~ WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half of the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately withdrawn from those districts upon completion of the annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: SECTION 1: The Tigard City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation into the City of Tigard, the territory described in the attached "Exhibit A" and further illustrated in "Exhibit B". SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day oF , 1998. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard . Date Rt:SOLUftoN No. 98• i:\citywide\res\zca98•02.rcs Page l of I 1ulia P H 10-Feb-98 1:59 PNi DxxrBlT A EXHIBIT `A' Leqal Description for{ZCA~98-0002 Beginning at an iron rod on the South line of said Northeast quarter which bears South 89° 18' West, 1068.9 feet from the quarter corner on the East line of said Section 4 and running thence North 10 16' West, 325.0 feet to the true point of beginning; thence North 1° 16' West 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence along said centerline South 89° 22' West, 132.65 feet, from which an iron bears South 1° 16' East, 30.0 feet; thence leaving said centerline South 10 16' East, 331.25 feet; thence North 89° 18' East, 132.68 feet to the true point of beginning. i 13 ~i ~ ~ •,►M1f'~ 1~~~ 3~L ' 4 aA 1 ~ Z300 ~ 1o i s ~~mq~' 74 . ~ - ; ~.oo .~N• ~ 7 1 r{ aa ~oo .oo ~ } _3_O~' Y \~i~,.+~'' a1 '1 ~ t `•sofl '.9g .J'~--'' • tu if ~j' m.': ~t3 F ~ f~ 1i~ ~ MAFItE C - A s . ~ • S `i ~r.a ~ L , ! ~ ~ t 1 :y +~A ~y~~O ~ ~ • ~.s ~ ~ L~oo :i ' • } , ~t ~ ~ i " ..r ~ iOa tTaa r - ~ ~ 3 : ~ ~ ~ V `,eooQm~ Z~oo ~ ti ~ ~ •,..`l~;,,,,~.~~ .n ~.u r • ~•,N i ~ ~ ~ t ~ ! StIL ` ~ . ~ ` ,~~'s ~ ~ • ' g BIELt = ~ 1 :x;. . iTI1. ~ ~OLK ~ ~ , •i;l ~ •~lf ~ ~ ~ ` U. 1 C ` 1 O • • ` 1 M~ f1 ^ ♦ _ • " - ~ C~-~•~ ~IM1T S s pUTS1DE OF TTE HE Gl-r{ LIMITS tNa1CATE yVITHi~ NEX~D AR~ 0 gE AN IN~ICATES 1N~tCATES Z SHE.p002 UpASSM~RA STRENtyEXp' pLA~ yUA tm,Q ►s `rot to XNIB►T ~~`P i ~ •ITY OF TIGARD, OREGON ~ + ORDINANCE NO. 98- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/P'ASSMORE WALNUT STREET ANNEXATION) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation for one (1) pazcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation while implementing the City of Tigard's existing comprehensive plan designation of Low Density Residential. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax Map/Lot Number 2S 104AD, Tax Lot 03300 Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zoning New Zoning Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1998. James Nicoli, vlayor Approved as to form: City Attorney Date ORflfNANCE No. 98- iAcitywide\orcnzca98-02.orci li Page 1 of l lulia P H I 1-Feb-98 I:43 P.N1 • • ' Agenda Item: Hearing Date: Februarv 24, 1998 7:30 PM_ - STAFF REPORT T0'THE . . : . • . CITY COUNCIL ' , • CITY OF TIOARD Comnrurrity Devefnpmerct : , - FOR7HE CIT1f OFTtGARDAREGON shaping A 8~Comuudv SECTION I. APPLICATION SUMMARY CASE: FILE NAME: FISHER/PASSMORE WALNUT STREET ANNEXATION Zone Change Annexation (ZCA) 98-0002 PROPOSAL: To annex one (1) parcel of .92 acres of un-incorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential; R-4.5. APPLICANT: Fred Passmore OWNER: Fisher Properties Trust 7501 SW 195th Place PO Box 11370 Aloha, OR 97007 Portland, OR 97211 CURRENT ZONING DESIGNATION: The current County zoning designation is R-5. RECOMMENDED ZONING DESIGNA710N: It is recommended that the City of Tigard zoning designation of R-4.5 be designated upon annexation. The City's R-4.5 zone most closely conforms to the County designation of R-5 while implementing the City's comprehensive plan designation of Low Density Residential. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. APPLICABLE REVIEW CRITERfA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.13$. SECTION il. STAFF RECOMMENDATION I' Staff recommends that the Council find that the proposed annexation will not adversely I affect the health,'safetl and welfare of the City. Therefore, staff recommends . ' . APPROVAL of the annexation by adoption of the attached Resolution and Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE t OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING i ~ SECTION III. BACKGROUND INFORMATION Site Historv: The property is currently developed with a single-family residence. The property owner obtained Minor Land Partition approval (MLP 97-0015) to partition the lot into three (3) parcels. The approval had several conditions, one (1) of which was to annex into the City and hook-up to city sewer. No other development cases were found to have been filed with I the City for this property. ' Vicinitv Information: The subject site is .92 acres on the south side of SW Walnut Street. The property has approximately 132 feet of frontage on SW Walnut Street. The existing city boundary runs along the northem, eastem and westem boundary line of the site. The site and the property directly to the south are within the urban growth boundary but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the north, east and west by property inside of the city limits that are zoned R-4.5. The property is bordered on the south by land that is outside of the Tigard city limits but inside Tigard's Urban Growth Boundary. The proposal is to annex into the City of Tigard in order to comply with conditions of approval required by MLP 97-0015. The applicant has requested that the .92 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owners. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published in a newspaper of general circulation. Policv 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, USA and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. The staff report and decision for MLP 97-0015 indicates that adequate services are available and may be extended to accommodate the affected property. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBIIC HEARING , • • Policv 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is surrounded on all sides excluding the south, by property that is inside the Tigard city limits. The annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this request and has no objections. The affected land is located within the City's Urban Planning Area and is contiguous to the city boundary. Adequate services are also available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.136.030: This Section addresses approval standards for annexation proposals and is satisfied because: Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. The applicable Comprehensive Plan Policies and Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most closely conforms to the County designation of R-5 while implementing the City's Comprehensive Plan designation of Low Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3. The deterrnination that the affected property is an established area is based on the standards set forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected property meets the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. The Tigard Police requested that Staff contact the property owners directly north of the site to ask if they wanted to join the annexation. Staff has contacted these property owners and has sent the necessary forms in the event they wish to modify the annexation. If they chose to annex and if Council supports their annexation requests, the Resolution and Ordinance will be amended to include these additional lots. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING ~ • . SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications and GTE have had the opportunity to review the proposal and have offered no objections. • : B'ASED, ON THE fINDINGS:INDICATED ABOVE, . YPLANNING:STAFF RECOMMEND3:APPROVAL OF . , . ZONE "CHANGE.ANNEXATION-(ZCA);97=0002 =fISHER/PASSMORE ` . . ~WALNUT STREET:ANNEXATION. , ` . . February 11, 1998 PREPARED BY: Julia Powell Hajduk DATE Associate Planner ~ -~'4 ~ - - Februarv 11, 1998 APPROVED BY: Richard Bewersdo DATE Planning Manager i:\curplntiulia\annex\zca98-02.dec STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING ITY OF TIGARD, OREGON ~ ~ ORDINANCE NO. 98-05 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation ~ for one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation while implementing the City of Tigard's existing comprehensive plan designation of Low Densiry Residential. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax Maa/Lot Number 2S 104AD, Tax Lot 03300 Current Comprehensive Plan Designation New Comnrehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zonins New Zoning ' Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. . PASSED: By U`1 ~l fUfto l.t S vote of all Council members present after being read by number and title only, this day of ...2~aAA~~,~1~- , 1998. ath erine Wheatley, City Recorder APPROVED: By Tigazd City Council this o~'/~ day o , 998. 0/, Ja s ico(i, Mayor App ved as to form: Cit ttorney Date 2 ` -2- 4- ORDINANCE No. 98- i:kitywidelord\zca98-02.on1 Page 1 of 1 ]ulia P H 1 I-Feb-98 1:43 PM ' ~ITY OF TIGARD, OREGON • ~ ` RESOLUTION NO. 98-1 `t A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER 'i ILLUSTRATED IN "EXHIBIT B". i WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of I one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half of the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately withdrawn from those districts upon completion of the annexation. ~ NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: SECTION 1: The Tigazd City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings ~ for annexation into the City of Tigard, the territory described in the attached "Exhibit A" and further illustrated in "Exhibit B". SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1998. or - City of Tigard ATTEST: Certified to be a Ta'ue Copy of City Recorder - City of Tigard Uriginai On fole a+ r 4P Bv . a-lwd Date Csty Recorder - City of i rd Date: 3I 3 /qg , RFSOLlJf10N NO. 98- iAcitywide\[es\ZCa98-02.[rs Page 1 of 1 Julia P H 10-Feb-98 4:59 PM ~ • ExxzsIT A EXHIBIT `A' l.eqal Description forrZCA)98-0002 Beginning at an iron rod on the South line of said Northeast quarter which bears South 890 18' West, 1068.9 feet from the quarter corner on the East line of said Section 4 and running thence North 10 16' West, 325.0 feet to the true point of beginning; thence North 10 16' West 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence along said centerline South 89° 22' West, 132.65 feet, from which an iron bears South 10 16' East, 30.0 feet; thence leaving said centerline South 10 16' East, 331.25 feet; thence North 890 18' East, 132.68 feet to the true point of beginning. 1 ll~ 1 13 ~ ICL w'p ~ ~ •r~ ~ 5300 ~ i' Z~ • .a 7~'T 2.3 ~IM• I ~i•~(~ 1 7 \ If` y h ~ .•c~ ~ ~ ~ aoo pAA'f mCr . ~ • A,, .oo ~ „rr ~,y.p~ 1 LC00 = t00 +t ~y r7 ~ _ ,l' t 1 f ,.~n A° 1947"qt0 ,r.. ~z st ..,p~ • . ~ y L %g0 1 L ~ 2CC 3~ A. r i ~a a: z ;A ..?~j•. N'; \t~ Lii CT' Roo ~ 7~ 4 1 701 LW~ 4~~ ~ ~1 . t ~Y j~ ~ ~ :J • ~ CL. .~r~r• / ~~t~ J~Q» ~+I•~ Ul Y~ .~~Q tjf~ j\SGC 7~~1 l T06' . •'r~"'- S ' ~ : 1 + A Q 1 ~N ~f 1~ • ~ ~ ~ I ~ z4a~ ; 3 Z ~ 100 O sti& 4 ~ ~ t'• y50~ ~ l B~Lti ~ ` ~ j1 ~ y '~r t 4N . ~T.u• ~ t ~ ~sC1 V ~ '1 , •t~ ~ I't u ~ - ~ ~t t ~1 .r 1 ~ ~,~f• - r ~ L►1~lU ~ 5 ,Gj vU i~~vc ~r i~HE CITY LIM1TS ~yv►,"r-\ ti ~ITBE ANNE7(,ED IN~ICATES aREA WEATO , INp1CATEs ~ zcA 9$-0402 oR~ sS E ~ pN~yEXA. i: ~ ~ ~ F15HE VT STR tmaP $,-TE QLA ►N WALN MA,p tA EXN~gIT . . AFTER RECQROING $ETURL[ TO: CitY ~ of T'9ard Records Department 13125 SW Hall 81vd. Y9-_L`~ ~ q -7 06 7 Tigacd, OR 97223 , k-z F_ NO CHANGE itd TAX STATEMENT ~ 4 3 CONSE T TO ANNEXATION F_OR PROViS ON OF UR9AN SERVICE ~ I WHEREAS, the undersigned warrant that they are the sole owners of real property in Wash+ngton County, Oregon, which is located outside the corporate limits of the City of Tigard, and is described: IN EXHIBIT "A", ATTACHEO HERETO, AND INCORPORATED BY REFERENCE HEREIN and have apptied for permission to connect to the sewer system owned and operated by the City of Tigard; and the undersigned understand that: 1. This agreement is a binding contract between the City of Tigard and all persons who presently have an interest in the property or who acquire irt interest in the property in the future. 2. The City has a right to refuse to extend senrices beyond its corparate limits and in = consideration of this agreement will require the undecsigned to agree to annexation and to waive the right to remonstrate and io vote on the annexation. 3. State law provides that annexation may take piace in a number of ditferent ways. Some methods invoive a wntten consent to annex and some methods include the right to remonstrate against the annexation andlor involve the right tv vote on the aht*xation. Some methods require the City of Tigard to frie a Notice of Intent to Annex with the 6oundary Cammissian. State law provides that a consent to annex is valid for a one-year period untess the time iimit is exp►essly waived. 4. Fa+lure by any party having an interest in the property affected by this agreement to adhere to the tertns of this agreemeni entitles the City of Tigard to discontinue ihe service. uannex.aoc tosn 2 . ' . ~ • NOW, THEREFORE, in the event the City of Tigard, in its discretion, furnishes sewer service to the above described land, then in consideration and as a condition of such furnishing of sewer service the undersigned and each of them, for themselves and for their successors in interest, agree and convenant to the City of Tigard and to the present and future owners of any property affected by the furnishing of City sewer ser.vice to which this convenant and agreement relate that: 1. The undersigned agrees to waive the requirement that a Notice of Intent to annex be filed with the Boundary Commission or any other prerequisite to annexation set forth in state law at the time of annexation. 2. Annexation of this property may take place by any means allowed by state law at the time I~ of annexation, and this agreement constitutes an agreement to annexation by any method selected by the City. 3. In the event the type of annexation used involves a written consent to annexation, this agreement constitutes a consent to annexation. It shall be used as a consent for each required consent if the property owner satisfies the requirements set forth by law. Further, the agreement constitutes an express waiver of the one year limitation on the consent form and the undersigned intends this consent to be valid in perpetuity. For administrative purposes, the undersigned agrees to sign the requisite consent forms and the waiver of the one-year period at the time of executing this agreement. 4. In the event the type of annexation used involves the right to remonstrate, this agreement constitutes a waiver of the right to remonstrate and a remonstrance by anyone having an interest in the property affected by this agreement shall be void. - 5. In the event the type of annexation used involves a vote, this agreement constitutes a waiver of the right to vote on the annexation. by a person in possession or ownership of the property who is qualified to vote on the annexation. Further, those persons shall be counted as a yes vote on the annexation. 6. Upon extension of the sewer service to the property, the property will be connected to the City's sewer service system and will pay the charges and fees imposed by the City for the connection and service. 7. The property owner hereby agrees to pay the City of Tigard Park Systems Development Charge prior to the issuance of a sewer permit for any new dwelling unit. I:lannex.doc (DSn j ~ I~8. This covenant and agreement shall run with the land, shall be recorded in ttie Washington County deed records an shall be binding on the undersigned and all successors in interest of any property affected by the furnishing of domestic water to any property described by this agreement. 9. Should any portion of this agreement be declared void by a court of law, the remaining portions of this agreement shall remain in full force and effect. Dated 19 1~, Signatur of ow r(s): I I SI , E SIGNATURE SIGNATURE SIGNATURE SIGNATURE SIGNATURE STATE OF OREGON ) ) SS. ~ ) ) COUNTY OF v Personally appeared before me on the day of ~ 1 9c 7,r".A;4 Z,r who acknowledged that the foregoing was his voluntary act and deed. OFFlCIAL $~AL JEFFREY T CI(dE8 NOTAHY FUBUC - OREGON OWMMDNSOCT COMMISSI ON NO. 058860 Notary u i Of regon My C m s ion Expires: 16 zj ~ Accepted on behalf of the City of Tigard this day of 1995. Signature Title I:/annex.doc (DSn 4 1.;17:97 !1'ED 13:~13 FAT 51132~:~4 OREG --\1--'-- .ON TITLE =MET.ROSCAN PR4PEXtTY 1DFtOFIL~= Wnshangtnn (OR) Lowl!K]KSW nFo~a~roN _ Reference Parcel # : 2S104Ab 03300 Parcel Number : R0480544 RTSQ: O1RT -025 -04 -1VE (himer : Fisher Thomas L Trustee CnOta~7er : SiteAddress : 12920 SW Walniit St Po.rtland 97223 tLlai] Address : PC7 Box 11370 Partland Ox 97211 Telcphnne ; Ownew: 7eitant: 503-390-2607 S.ALES AND LOAN I.N'FQRMATIO..[v[[ '1'ransferreil : 04/14/97 Loan.4n:aunt : $147,500 Document i~ ; 33805 Lc:nder : Miscellaneous ,4alePrice ; $167,500 LaanType : Conventional Deed Typc' :WaPrln.Cy Intere.ct Rate : k'ixed 5f~ OHmed : 100 L•'esting Type : ASSESSNENf AND TAX Ir1F'ORMATIDI+i Lnnit : $60,720 Exempt.4mounC ; Siructure ; $6a,640 fxempt Tvpe : Other . °i6lmpraved :52 Total ; $125,360 Ler;y Code ; 0237$ 96-97 Tcyxes : $ t,499.50 School Iaist : JP1aOPE1tTY DESCRYPT10x A.1ap Grid : 655 134 Class Corle : R13 Censt~s ' Tract. 319.01 Bloek; 1 A'brhdCd : WDML NfillRate ; Sub!Plat : Gand Use ; 1012 Res,Innpraved Legal : ACKES .92 pRUPERTY CHARACTER,IgTICS Beilrooms : 3 LotAcres ;.92 )'ear 13uilt : 1930 Bathrooms : 1.00 Lot SqD -40,075 EffFearBlt : 1930 H, cat Method: Flz1wa11 BwiFin 5''F : Flonr Cover : Ca,pet Pool : Bsm UnfrnJ`F ; Faundniron : Concrete Ftg llppliances : 8snrLoxSF : RnofShnpe : i Dishwasher : 131dg SqFY : 1,300 Ronf1fatl : Camp Shingle Hood Fan . 1stFlrSqFt - 1,020 InteriorMat : Drswall Dock : Cl,pperF1SF : Faving A1ad - Gcrrage Type; Carppri Porclt SgFf ; Cv►tst ?`ype ; iVd Studlshtg Gtrrage SF ; 200 Attic SqFt : 280 Ext F'inrsh : 245 peck SqFt ; The hrform(ttlnn Ftovided Ir lJeemed R<'l+able, Bvr Is y'or Guara,+&w. : p ~ ry 1~, 17, fl r ~YED 13: 44 F:1T 5032 8844 OREGON TITLE • 2006 • - • - ~ ~."K~,'.`',~,~1''r~•°,~!fc~''c'" . r • " , , ' L~ ' , , ' `~•I ~'dl • ' . ~ ~~1Ya~~~ ~ ~ , rL:; c i ,IrMy et Anikw• , QRsCo"Trtit ~ e ; ~ ~uYa~ Cetqpp4f' i ~ n ad e ~}~1 • , ' ~ = ~ ' ~ Z~ ir fik oour►tY • 1~Pae Ao~~Q. ~ i ti, •1 1 ~~pppp~ L. 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ZT?' - ~ t . ~ i 40" 0 0 0 .3300 i 3400 . 4 T Ac. 36A . . . ~~v.~.~ . . ~ Ioo . ~ . ~ . - ~ ; ~ 1 ~ ~ ; ~ ? -.:~i► - ` 5fj ~ 102.76 . : ; TIP~ . • . ~ 4w 3101 , ~ " • .44 TA C. . ~ ,56 - - . 100 - ~ ~ Q I ~ y ~ ~ ~ . ~ ~ ~ . ~ ' _ • . . . . _ , ~ C c. 24 ~ - - ~ . . CITY OF TIOARD Community Develvpment ' Sfraping A Better Community CITYOFTIGARD Washington County, Oregon HOTICE OF FINAL ORDER a BY TNE TIGARD CITY COUNCIL Case tvumber(s): IONE CHANGE ANNEIIATION QCA] 98-0002 Case Name(s): FISNER/PASSMORE WALNUT STREET ANNEMATION Name of Owner: Fisher Properties Trust Name of Applicant: Fred Passmore Address of Applicant: 7501 SW 195th Place Citv: Aloha State: Oreqon Zip: 97007 Address of Property: 12920 SW Walnut Street Citv: Tiqard State: Oreqon Ziq: 97223 Tax Map & Lot No(s).: WCTM 2S104AD, Tax Lot 03300. Request: ➢ The applicant has requested to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Zone: Upon Annexation into the City of Tigard, the new zoning designation will be changed to Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is to establish standard urban low density residential sites. Action: ➢ O Approval as Requested ❑ Approval with Conditions 0 Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: O Owners of Record within the Required Distance O Affected Governmental Agencies O The Affected Citizen Involvement Team Facilitator 19 The Applicant and Owner(s) Final Decision:% THE DECISION WAS. SIGNED ON _ ,1998'AND BECOMES EFFECTIVE ON ` ,1998. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. ~ ZCA 98-0002 FlSHER/PASSMORE WAWUT ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL ZCA 98-0002 FISHER/PASSMORE WALNUT STREET Fred Passmore ANNEXATION 7501 SW 195th Place Aloha, OR 97007 Fisher Properties Trust P.O. Box 11370 Portland, OR 97211 .r CITY OF TIGARD ;':::::.~::.:..`:J'!::''!:'i:::•:i~:i::i::.•'.~:::: :v:. ...y:iii:v.i:}i'v:•i:'.~: <r~:~ ~':.}l~].•::::n~: . . ..~C. iii ~~~':•:^ii:; x p^ r~~ ~.~,e u~1y .n r,}~ ..•`::~:~`•'t ;:•s:::•:: `•:,:i'iV i'it7+:/J~::;;:;;::::::;:::~~~::•`::::'^•:::: ;%:::;A :i~7~RR'lt~;i;:;i., . . ::;:•`..;::..5:: >:;y:.; ~ ^:•::.%r:':::n::.r,ai>;::;<q`~~ r:`•:?:r i;`~::r:%~::;:•:>.;`•::•:a.;.:.~,;,;~::y:•. t~~it7, ~~......:;'::::`:~::::ii:•::;:<.>:<•::•:::::.::•;:•:::::.::::;;:::•;:•,.:.:: •>:;::<':::i::~~::::~`;:;~::' :::>s:,.; `t`~~~H~ .~`E:~>:::<:>:;::>:::::`:>~:<>:>:<::<'<`~`':<:;:<::: _ :`;U:<~:1~:~~:>~:::~.~ ~ ~y ;.s: w ;:~•.>.~;.,.,:.A~;.t,;.;.~•:• ~ {,~~J~~ ~ ~ ~~.\)•i✓~F.i.~i::.?•... ~ • tiL:~T~...'~!!\,~; .~..,''~T•~.: ',>i:•>:~i'utiy: ~ ~jyti~~~v'ti ' "i:?yii ~..,t . ~ r ' v:{;\`{;t.3~!ri •.:{:..r.N,.Sti::.''ri.f:?' :%}.v:v;:i}l.~;,i;~.~~r;:$.~.•.vC:r:$ :j:;f'ij?iX i •i%!v{w:{ni:{~ ,::::4i%{.j%,~•~,'.i:^::%: )i:w^'Tii;i::<Y:O,+f,5,~{'!i +;%~i: w'~%:$:~+~'' ¢ ~4; f+:,S.Ct;.v.i. ~iw:::: v: . r.yS}n• u•4:{^,-; `;i::L'~'?.'•iy;{i;j~::i:ee~...:: ~ i:•'~^ . ;\...:•r::..n:>: .,1..; '•{:Y:;j';::: '?if'~$?i~:~ ~:^:C~i~ •`.:?:i:i;Y~:;:;:;:ji:•i:•ii: i?ij::Y{i:ti~`>ii `~::J':~iii:<~i:ti~ i:i::i:i~i:•i}iiiiYii `4~i}i! i:yC};{::~riY.Cr.~::::::.::~ ~•::r: •r.•},:~:$:: •i:•k::ii•ii`::i?{•i:•".•ii:ti{•r?i:C~i ~\!vi •i}:•: :}i\ti~i'r:^i:4;:?;:.i:4tiii$i:i'iiii:v}i:•:•?:iSji~ v::.; ?}4Y':ii'?•'.~SiiiY PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign- up sheet(s). lf no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitors Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business aqenda items can be heard in anv order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) of 684-2772 (TDD - Telecommunications Devices for the Deafl. Upon request, the City will also endeavor to arrange for the foltowing services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. II Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as {isted above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deafl. . SEE ATTACHED AGENDA COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 1 ~ ~ • AGENDA TIGARD CITY COUNCIL BUSINESS MEETfNG FEBRUARY 24,1998 - 6:30 PM 6:30 PM • STUDY SESSION > Discuss Trees 2000 Report > Discuss request for information from the City of King City regarding potentiat annexation. > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8► (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & local Contract Review Board 1.2 Roll Cati 1.3 Pledge of Altegiance 1.4 Council CommunicationslLiaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Meeting Minutes: January 20 and 27,1998 3.2 Receive and File: Park Study Advisory Committee Information 3.3 Approve Intergovernmental Agreement for the Washington Square Regional Center Grant with the Oregon Department of 7ransportation (ODOT) - Resolution No. 98- • Consent Aaenda -/tems Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on ihose items which do not need discussion. COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 2 4 CALL FOR PUBIIC INPU7: STOP S{GNS AT SW SURNHAM STREET AND SW MAIN STREET • Staff Report: City Engineering Department • Public Testimony • Councii Questions/Comments • Council Motion: Approving the installation as a permanent one; or, calling for the removat of the installation. 5. PUBLIC HEARtNG (4UASI-JUDIClAL) - FISHER/PASSMORE FONNER STREET ANNEXATION - ZCA 98-0001 A request to annex two parcels totaling 3.25 acres of unincorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. LOCATIONS: 11300 SW Fonner 5treet; WCTM 2S103AC, Tax Lot 02000 and 11370 SW Fonner Street, WCTM 2S103AC, Tax Lot 2101. APPLICABLE REVIEW CR1TERfA: Tigard Comprehensive Plan Policies 2.1.1., 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Pub{ic Hearing g. Staff Recommendation h. Council Consideration:Ordinance No. 98- Resolution No. 98- 6. PUBl1C HEARING (QUASI-JUDICIAL) - FISHER/PASSMORE WALNUT STREET ANNEXATION - ZCA 98-0002 A request to annex one parcel of .92 acres unincorporated Washington Counry land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. LOCATIONS: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300 APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1., 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. a. Open Public Hearing b. Decfarations or Chatlenges c. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttaf) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration:Ordinance No. 98- Resolution No. 98- COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 3 . ' • 7. PUBLIC HEARING (QUASI-JUDICIAL) - SCHMIDTKE CARMEN STREET ANNEXATION - ZCA 98-0003 A request to annex one parcel of .35 acres of unincorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. LOCATlONS: 11760 SW Carmen Street; WCTM 2S103BD, Sax Lot 02300 APPLICABLE REVIEW CRtTERIA: Tigard Comprehensive P1an Policies 2.1.1., 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. a. Open Public Hearing b. Decfarations or Challenges c. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration:Ordinance No. 98- , Resolution No. 98- ~ 8. RE1ltEW OF PROPOSED POLICY TO FORMALIZE THE CITY COUNCIL'S APPROACH TO ANNEXATION • Staff Report: Community Development Department • Council Discussion • Council Consideration: Resolution No. 98- 9. DISCUSSiON ON POl1CY ALLOWING PRIVATE STREETS AND RESPONSIBILITY FOR MA{NTENANCE OF PRIVATE S7REETS. • Staff Report: Community Development Department . Council Discussion . Council Consideration: Motion to approve or disapprove the policy recommendation proposed. 10. NON-AGENDA iTEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are aflowed to attend this session, but must not disctose any infortnation discussed during this session. 12. ADJOURNMENT a:98transfer.agendap COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 4 , . • II AGENDA ITEM FOR AGENDA OF: Februarv 24, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone ChanQe Annexation (ZCA) 98-0002 - Fisher/Passmore Walnut Street Annexation , , PREPARED BY: Julia Powell HajdukCp DEPT HEAD OK /r/ ~ CITY MGR OK ~ - ISSUE BEFORE THE COUNCIL Should the Tigard City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one (1) parcel of land consisting of .92 acres located at 12920 SW ~ Walnut Street, south of SW Walnut Street and west of SW 128th Avenue. STAFF RECOMMENDATION Adopt the attached Resolution and forward the request for annexation to the Bound Commission and adoPt the attached Ordinance to assign comprehensive plan and zoning designations to the subject property in conformance with the City of Tigard Comprehensive Plan. INFORMATION SUMMARY The proposed annexation consists of territory comprised of one (1) parcel of land, totaling .92 acres which is contiguous to the City of Tigard. The property is currently developed with a single-family residence. The property owner has received approval for a three (3) lot partition (MLP 97-0015) with the condition that the property be annexed. Attached is a Resolution initiating annexation and an Ordinance to change the comprehensive p(an and zoning designations from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. OTHER ALTERNATIVES CONSIDERED Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goa12." FISCAL NOTES Since the subject territory is within the City of Tigard's Active Planning Area, the City is responsible for paying the Boundary Commission application fee of $225 by City Council Resolution. COUNCIL AGENDA 17'E;N SUMMARY i:\citywide\sum\zca98-02sum Page 1 of I lulia P H 10-Feb-98 4:55 Ptit ~ITY OF TIGARD, OREGON • RESOLUTION NO. 98- A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANCE ANIVEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO 'CHE CI'I,Y OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER ILLUSTRATED IN "EXHIBIT B". WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131 st Avenues; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half of the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately withdrawn from those districts upon completion of the annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: SECTION 1: The Tigard City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation into the City of Tigard, the territory described in the attached "Exhibit A" and further illustrated in "Exhibit B". SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1998. Mayor - City of Tigard ATTES'C: City Recorder - City of Tigard Date RGSOLUTIoN No. 98- ' i:\citywide\res\zca98-02.rcs Pagc I of 1 Julia P H 10-Feb-98 4:59 P%l EXH7BIT A EXHIBIT `A' Le al Descri tion fo ZCA 98-0002 Beginning at an iron rod on the South line of said Northeast quarter which bears South 891 18' West, 1068.9 feet from the quarter corner on the East line of said Section 4 and running thence North 10 16' West, 325.0 feet to the true point of beginning; thence North 10 16' West 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence along said centerline South 890 22' West, 132.65 feet, from which an iron bears South 10 16' East, 30.0 feet; thence leaving said centerline South 10 16' East, 331.25 feet; thence North 89° 18' East, 132.68 feet to the true point of beginning. ~ ~ ...r.r. icc u ~ ♦ SN ~m~. . •~n f +'_i ~ •wJ / ~ G3~ + 3 . • ~ i oo ' •1~• ' • ' ~ .cvra~°°' ~ T~ ~ . , ,too?AAT~ 100 "oa ♦ ~s°~' ~ io°° ~ ~ ~i ~ zec°,. A; ~f, r a r.. zea Ul r►~""'~"'.~r . • ~ '.w !416 • I `i +s 1 f , 9 ~ '700 :,na ~ • ':i r ~ rwa f~ o =I wo ti t• , 1 ~ •3 ~:.1 ""r'"°+~'' ~~W ~ r `~aQ ' t2SfJ . tS66 ~3 ZT06 . i.~} tlrl y L = ity ~ • i ..w str~ ~SOD ~ ~j • . ` A Q i t ~~~1 U1 Z tO ~I M- ~ I i~ N''T ~ V~w'.e~'~~'~.~c"~" ~ .4.%•r • % •_o,,,.,..,r . • ~ , T • S~`~ S . M ~ z' 2 1 yK . ~ ~ , 3sa► ~ , 1 ~ . O1K.1' . ; ' g B~~.Y ` 1 ,t ; ' •-~si. a ~ i • j~Cl ~ _ 1 ~'l' Of % r '1~ • y ~ :+cn ' t - • "or•a 7- THE l-r{ LlN1tTS C ATES piITSIbE 01N THE CtTY 1-IMITS INDIC N1 1NOICATES AR~` T~ BE pNNEXE0 TES ARF-~` INDtCA ZCA 98AW F 4RE %SHe~pATR T ANNEW ►s ~ ~ ~+e) fi N~T s ~maP 5I-TE pL,A,N 1~p►~. MAp N EXVA,8IT ~ITY OF TIGARD, OREGON ~ ORDINANCE NO. 98- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation for one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff repor[ and in Section 1 below, is that which most closely approximates the Washington County land use designation while implementing the City of Tigard's existing comprehensive plan designation of Low Density Residential. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexatian, the affected property shall be designated as follows: Tax Map/Lot Number 2S 104AD, Tax Lot 03300 Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zonin-g New Zoning Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1998. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 98- i:\citywidelorcllzca98-02.oni Page 1 of l ;,ulia P H I 1-Feb-98 1:43 PM . • ~ Agenda Item: Co Hearing Date: Februarv 24, 1998 7:30 PM " STAFF REPORT T0'TNE . . • • ' CITY'COUNCIL , . , • - • ' CffY OF TIOARD • - Commw►ity Dtvefopment ' - FOR TNE~CITY OF TCGARD, OREGON 5~~~*tta Co~ty SECTION I. APPLICATION SUMMARY CASE: FILE NAME: FISHER/PASSMORE WALNUT STREET ANNEXATION Zone Change Annexation (ZCA) 98-0002 PROPOSAL: To annex one (1) parcel of .92 acres of un-incorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential; R-4.5. APPLICANT: Fred Passmore OWNER: Fisher Properties Trust 7501 SW 195th Place PO Box 11370 Aloha, OR 97007 Port4and, OR 97211 CURRENT ZONING DESIGNATION: The current County zoning designation is R-5. RECOMMENDED ZONlNG DESIGNATION: !t is recommended that the City of Tigard zoning designation of R-4.5 be designated upon annexation. The City's R-4.5 zone most closely conforms to the County designation of R-5 while implementing the City's comprehensive plan designation of Low Density Residential. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. APPLICABLE REVIEW CR{TERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. SECTION 11. STAFF RECOMMENDATION Staff recommends that the Council find that #he proposed annexation will not adverse4y affect the_health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the annexation- by adoption of the attached.Resolution and Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIG HEARING • • . SECTION III. BACKGROUND INFORMATION Site Historv: The property is currently developed with a single-family residence. The property owner obtained Minor Land Partition approval (MLP 97-0015) to partition the lot into three (3) parcels. The approval had several conditions, one (1) of which was to annex into the City and hook-up to city sewer. No other development cases were found to have been filed with the City for this property. ~ Vicinitv Information: The subject site is .92 acres on the south side of SW Walnut Street. The property has approximately 132 feet of frontage on SW Walnut Street. The existing city boundary runs along the northem, eastem and western boundary line of the site. The site and the property directly to the south are within the urban growth boundary but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the north, east and west by property inside of the city limits that are zoned R-4.5. The property is bordered on the south by land that is outside of the Tigard city limits but inside Tigard's Urban Growth Boundary. The proposal is to annex into the City of Tigard in order to comply with conditions of approval required by MLP 97-0015. The applicant has requested that the .92 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owners. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: Policv 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, USA and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. The staff report and decision for MLP 97-0015 indicates that adequate services are available and may be extended to accommodate the affected property. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24198 PUBLIC HEARING . . • • Policv 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is surrounded on all sides excluding the south, by property that is inside the Tigard city limits. The annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this request and has no objections. The affected land is located within the City's Urban Planning Area and is contiguous to the city boundary. Adequate services are also available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.136.030: This Section addresses approval standards for annexation proposals and is satisfied because: Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. The applicable Comprehensive Plan Policies and Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most closely conforms to the County designation of R-5 while implementing the City's Comprehensive Plan designation of Low Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3. The determination that the affected property is an established area is based on the standards set forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected property meets the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. The Tigard Police requested that Staff contact the property owners directly north of the site to ask if they wanted to join the annexation. Staff has contacted these property owners and has sent the necessary forms in the event they wish to modify the annexation. If they chose to annex and if Council supports their annexation requests, the Resolution and Ordinance will be amended to include these additional lots. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEAFiING / ~ • SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications and GTE have had the opportunity to review the proposal and have offered no objections. . . - . . - = ~BASED'ON,THE FINDINGS INDICATED ABOVE, PLANNING STAFF.R,ECOMMENDS~AP,PROVAL~ OF . : . , ~ ZONE CHANGE ANNEXATION~(ZCA)'97=0002 'FISHER/PASSMORE . . - - . " WALNUTSTREET, ANNEXATION. . . . . , Februarv 11, 1998 PREPARED BY: Julia Powell Hajduk DATE Associate Planner ~ - - Februarv 11. 1998 --Q,4 APPROVED BY: Richard Bewersdo DATE Planning Manager i:\curpln~ulialannex\zca98-02.dec STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24198 PUBLIC HEARING i • AGENDA ITEM FOR AGENDA OF: Februarv 24, 1948 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ' ISSUFJAGENDA TITLE Zone Changie Annexation (ZCA) 98-0002 - Fisher/Passmore Walnut Street Annexation ~ PREPARED BY: Julia Powell HaidukCfv DEPT HEAD OK /MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council forward to the Portland Metropolitan Area L.ocal Government Boundary Commission a request to initiate annexation of one (1) parcel of land consisting of .92 acres located at 12920 SW Walnut Street, south of SW Walnut Street and west of SW 128th Avenue? STAFF RECOMMENDATION Adopt the attached Resolution and forward the request for annexation to the Boundary Commission and adopt the attached Ordinance to assign comprehensive plan and zoning designations to the subject property in conformance with the Ciry of Tigard Comprehensive Plan. INFORMATION SUMMARY The proposed annexation consists of territory comprised of one (1) parcel of land, totaling .92 acres which is contiguous to the City of Tigard. The property is currently developed with a single-family residence. The property owner has received approval for a three (3) lot partition (MI,P 97-0015) with the condition that the property be annexed. Attached is a Resolution initiating annexation and an Ordinance to change the comprehensive plan and zoning designations from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. OTHER ALTERNATIVES CONSIDERED Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goa12." FISCAL NOTES Since the subject territory is within the City of Tigard's Active Planning Area, the City is responsible for paying the Boundary Commission application fee of $225 by City Council Resolution. COUNCIL AGENUA 17EM SUMMARY i:\CitywidC\sUm\2Ca98-02.SUn1 Page 1 of 1 lulia P H 10-Feb-98 4:55pM I & TY OF TIGARD, OREGON • RESOLUTION N0. 98- A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFEREED TO AS ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER ' ILLUSTRATED IN "EXHIBIT B". . WHEREAS, the Tigard City Council held a public hearina on February 24, 1998 to consider the annexation of one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, the proposed annexation constitutes a ininor boundary change under Boundary Commission Law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing fi•om a majority of the electors registered in the territory proposed to be annexed and written consc-nt from owners of more than half of the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhancea Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately withdrawn from those districts upon completion of the annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: SECTION 1: The Tigard City Council, pursuant ro ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation into the City of Tiaard, the territory described in the attached "Exhibit A" and further illustrated in "Exhibit B". SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This day of , 1998. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard Date RESOUJIION NO. 98- i:kitywide\rcs\zca98-02.►es Page I of 1 Julia P H 10-Feb-98 4:59 PM 0 9 £XHIBIT A EXHIBIT `A' Leqai Description for{ZCA~98-0002 - Beginning at an iron rod on the South line of said Northeast quarter which bears South 89° 18' West, 1068.9 feet from the quarter corner on the East fine of said Section 4 and running thence North 10 16' West, 325.0 feet to the true point of beginning; thence North 1° 16' West 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 11 16' East, 30.0 feet; thence along said centerline South 891 22' West, 132.65 feet, from which an iron bears South 10 16' East, 30.0 feet; thence leaving said centerline South 10 16' East, 331.25 feet; thence North 890 18' East, 132.68 feet to the true point of beginning. •.,..r~ stt ~ i~ saoo • ` zx~+ *a 23 _74 M x ' .~~r ~~V ~ ~ r.A ' • ~ , S Q 1 ~'lOC t'~/'!+` •10~ 30L1 ~CO A tb 1_+.fl~ t 2C00 ~~t t 44 "3 S „ 2000 iz ~t 3;yp ~ ~as •O fl i t~ t t 2CF - r.. 3ti . ' S4 2601 r isoc 40 a ~ R $ .s ~!'ti s ~ ' • 4: ~ .i . apo .,o, :l :a ' F , :ti ° ~ ~ ~ =,aou :1: -ti r Q t ;a300 n vl TOO 3 W Z,,,,, ~ rL '.-~4~"~a..w~ 'Z • w = ...-s~-tC~-..~.•~ ~ ' ~ , ~ ~ ,..•y ; ~ ~ ~ i ~ } ..r... J ; nsa" . j"` '1n1 4n• . . . ~ t • ~ :50~ ~ i ~p ~s. ,v?=• ~ ' V+ ' ~ • i 1, c ~ :wo : , Ir ~ . , puTS1D o E LIMITS ~ ~NflIGATES ~IV~TH~ vH A~NEXED I' IND1CaTES AR ~ T p B ' ~ INDICAT~S AR ; ggA002 ZCA pRE FiSNP~ PA STR ET ANNEX~ ~ LNUT I (m~P is rot u, pLAN WA I XHIBIT ~Ap I E ~ 0 TY OF TIGARD, OREGON • ORDINANCE NO. 98- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHERIPASSMORE WALNUT STREET ANNEXATION) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation _ for one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation while implementing the City of Tigard's existing comprehensive plan designation of Low Density Residential. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS A5 FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax MaplLot Number 2S 104AD, Tax Lot 03300 Current Comprehensive Plan Designation New Comurehensive Plan Designation Wash. Co. R-5 Low Density Residential i Current Zoning New Zoniny, Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1998. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 98- i:\citywide\occl\zca98-02.ord Pagc 1 of 1 lulia P H I I-Feb-98 1:43 PM • • Agenda Item: Hearing Date: Februarv 24,1998 7:30 PM . _ = - . . . . : STAW~ REPORT T0"THE. • ,r. ~,t,.~ • . . . . , ,C1TY.COUNCIL , . . CITY OF nOARD ' FOR`TNE CITY OF TIGARD, OREGON ~~ty . . . _ . . . . . . . SECTION I. APPLICATION SUMMARY CASE: FILE NAME: FISHER/PASSMORE WALNUT STREET ANNEXATION Zone Change Annexation (ZCA) 98-0002 PROPOSAL: To annex one (1) parcel of .92 acres of un-incorporated Washington County land into the City of Tigard and to change the comprehensive plan and zoning from Washington County R-5 to City of Tigard Low Density Residential; R-4.5. APPLICANT: Fred Passmore OWNER: Fisher Properties Trust 7501 SW 195th Place PO Box 11370 Aloha, OR 97007 Portland, OR 97211 CURRENT ZONING DESIGNATION: The current County zoning designation is R-5. RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard zoning designation of R-4.5 be designated upon annexation. The City's R-4.5 zone most closely conforms to the County designation of R-5 while implementing the City's comprehensive plan designation of Low Density Residential. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. SECTION II. STAFF RECOMMENDATION . Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety, and welfare of the City:. Therefore; staff recommends . APPROVAL of the annexation-by adoption`of the attached' Resolution and Ordinance. . STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING ~ i SECTION II1. BACKGROUND INFORMATION Site Historv: The property is currently developed with a single-family residence. The property owner obtained Minor Land Partition approval (MLP 97-0015) to partition the lot into three (3) parcels. The approval had several conditions, one (1) of which was to annex into the City and hook-up to city sewer. No other development cases were found to have been filed with the City for this property. Vicinitv Information: The subject site is .92 acres on the south side of SW Walnut Street. The property has approximately 132 feet of frontage on SW Walnut Street. The existing city boundary runs along the northem, eastem and westem boundary line of the site. The site and the property directly to the south are within the urban growth boundary but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the north, east and west by property inside of the city limits that are zoned R-4.5. The property is bordered on the south by land that is outside of the Tigard city limits but inside Tigard's Urban Growth Boundary. The proposal is to annex into the City of Tigard in order to comply with conditions of approval required by MLP 97-0015. The applicant has requested that the .92 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owners. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS ~ The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published in a newspaper of general circulation. Policv 10.1.1: ' This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, USA and Tualatin Valley Fire & Rescue (NF&R) have all reviewed the annexation request and have offered no objections. The staff report and decision for MLP 97-0015 indicates that adequate 'services are available and may be extended to accommodate the affected property. II I STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING • • ' Policv 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is surrounded on all sides excluding the south, by property that is inside the Tigard city limits. The annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this request and has no objections. The affected - land is located within the City's Urban Planning Area and is contiguous to the city boundary. Adequate services are also available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.136.030: This Section addresses approval standards for annexation proposals and is satisfied because: Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. The applicable Comprehensive Plan Policies and Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most closely conforms to the County designation of R-5 while implementing the City's Comprehensive Plan designation of Low Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3. The determination that the affected property is an established area is based on the standards set forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected property meets the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. The Tigard Police requested that Staff contact the property owners directly north of the site to ask if they wanted to join the annexation. Staff has contacted these property owners and has sent the necessary forms in the event they wish to modify the annexation. If they chose to annex and if Council supports their annexation requests, the Resolution and Ordinance will be amended to include these additional lots. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING 0 • SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications and GTE have had - the opportunity to review the proposal and have offered no objections. , BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF- RECOMMENDS AP.PROVAL OF ZONE CHANGE ANNEXATION.(ZCA) 97-0002. - -FISHER/PASSMORE STREETANNEXATION:' Februarv 11, 1998 PREPARED BY: Julia Powell Hajduk DATE Associate Planner EL ~ . _ Februarv 11, 1998 APPROVED BY: Richard Bewersdo DATE ' Planning Manager i:\curplnyulia\annex\zca98-02.dec STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION 2/24/98 PUBLIC HEARING . ~ ~a; r CITY OF TIGARD ,January 21,1998 OREGON Waiter and Debi Lorence 12950 SW Wa{nut Tigard, OR 97223 RE: Annexation of property at 12920 SW Wainut Reference file number: ZCA 98-0002 Dear Mr. and Mrs. Lorence: The City of Tigard is processing an annexation request for your neighbor at 12920 SW W ainut Street. As part of our standard processing of annexations we are asking if you would be interested in having your property at 12950 SW Walnut included in this annexation proposal. The reason for the request is to create a more uniform boundary line, thus reducing the chance of delay in providing emergency services in this area. In addition. in order to hook up to City sanitary sewer, you must be within the City limits. If you are interested in being included in this annexation, please fill out the enclosed form prior to February 10, 1998. If you have questions regarding this letter or the above mentioned annexation, please feel free to contact me at 639-4171 x407. Sincerely, O Julia Powell Hajduk Associate Planner iAcurplny ulia\98•02-01.doc c: Jim Wolf, Tigard Police Deparkment 1997 Planning correspondence file ZCA 98-0002 land use file I 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 % C4 ~~-ooo Z • ' • Y' S~~SS~tv✓c - Gt/9~~Iv~ Sfz N~nvra I'i-a PMALGBC FORM #6 BOUNDARY CHANGE DATA SHEET 1. EXISTING CONDITIONS IN ARFA TO BE ANNFXFD OR WITHDRAWN A. Land Area: Acres 0~~v2 f'~~'-ES • or Square Miles B. General description of territory. (Include topographic features such as slopes, ' vegetation, draina;e basiris, floodplain areas, which are pertinent to this proposal). A'Lt-VST Leve-L S~TE w LTM N-G Pe2-r i nc er.jT F_L-vnES C. Describe land uses on surrounding parcels. Use tax lots as reference points. Nocth: ~►x l.eT -2-~00- SnrL-LE PtmiLY East: ~i I~X l.t.~'~ :31tG'~ n.~C--c„E .h.~ ~ ~-l South: t, Lv 1'F>3L P-m (L`( West: iotk LO'1' 3 ccO c~~€ f;" IL`f ~ IA-Y C..17?' 32(;G' .Sinrdr • WLy Pr>- L.OT 3 i o0 5?r►&4-E rPMJLy D. Existing Land Use: ' Number of single-family units ~ Number of multi-family units ' Vumber commercial structures~ Number industrial structures Public facilities or other uses CO What is the current use the land proposed to be annexed: .s/NC`L~ F~►~-`~ E. Total cunent year Assessed Valuation S ~)S-l '~>60 F. Total existing population ~ 1I i 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 pcoposal, past and prospective physical developmenu of land that would directly or indirectly be affected by the proposed boundary change..." Considering these points, please provide the reasons the proposed boundary change should be made. Please be very specific. Use addirional pages if necessary. (This informarion is often quoted in the Staff Reporc, so be thorough and complete.) gy crry o-r- L. rT~ C 5-PeR MLP-- 001.5 B. If the properry to be served is enrirely or substantially undeveloged, what are the plans for future development? Be specific. Describe type (residential, industrial, commercial, etc.), densiry, etc. ML e- (,`~Q i 5 I/v-17C) 3 4~-Si Dc-y~oq--~ ,~~-~-~s 7a is~ 7, s9 o s)'~ 7~ ~l 7 S III. L,4ND t/SE AND PL.4iVNIIVG A. Is the subject territory to be developed at this time? B. Generally describe the anricipated development (building types, facilities, number of ~I units). 7"WO a- 1~DiTttlr~t'z- i I~'7 l,' ( L['j i C. Is the subject territory inside or 9_uJ.side of the Vfetro Regional Urban Growth Boundary? 12 Revised 11/93 . • • • D. What is the applicable County Plann~iPg Desi arion? R~ or City Planning Designation 4• / Does the progosed development comply with applicable regional, counry or city comprehensive plans? Please describe. 7-7U0/5- 49-~'P~'v Uti c oW j=i r' wr S /`1 F1 66 r-t P c- t P-+.Sc:~ E. What is the zoning on the territory to be served? ~4.~ F. Can the proposed development be accomplished under current counry zoning? o Yes )3No ~ If No,---has a zone change been sought from the county either formally or informally. ~ Yes ONo Please describe outcame of zone change request if answer to previous questions was Yes. 1. -,,r 6,45e_ Z-Ine G4y,4cr l G. Is the proposed development comparible with the city's comprehensive land use plan for the area? ~ X/Yes ❑ No o Ciry has no Plan for the area Has the ProPosed develoPment been discussed either formally or informally with any of the following? (Please indicate) N°AK~ City Planning Commission Ar City Planning Staff ~'Ciry Council City Manager Please describe the reaction to the proposed development trom the persons or agencies indicated above. t~L_P 13 Revised 11/93 . . • • H. Please indicate all permiu and/or approvals from a City, Counry, or Regional Government which will be needed for the proposed development. If already granted, please indicate date of approval and identifying number: APPROVAL PROTECT DATE OF FUTURE FILE # APPROVAL REQIJIREMENT ~ Metro UGB Amendment City or County Plan :kmendment Pre-Applicarion Heazin; (Ciry or Counry) Preliminary Subdivision Approval I Final Plat Approval Land Partirion Ml-F OOfS /0 023 97 Condirional Use Variance Sub-Surface Sewage Disposal Buildina Permit Please submit copies of proceedings reIating to any of the above permits or approvals which are pertinent to the annexarion. I. If a ciry and/or cvunty-sancrioned citizens' group exists in the area of the annexation, please list its name and address of a contact person. IY. SERTfICES A1VD UTILITIES A . Please indicate the followin;: 1. Location and size of nearest water line whicn can serve the subject area. Ai-eP L i t-i E H-t.O~ K' f}'t, n,' i17' 1 4 Revised 11/93 e. • • 2. Locari? n and size of nearest sewer line which can secve the subject azea. ~ L I rj t 0 V ~v'Pn-, n/' c~~+r` ✓ ~ 3. Proximity of other facilities (storm drains, fire engine companies, etc.) which can serve the subject area N c1 57~ e{ ~'~E ~~¢U t~ E~~ ~ c~f4~ ` ~U~f}s f+~ t-t ~ r .t~ t cT' • 4. The time at which services can be reasonably provided by the city or district. I 11 M t ✓ 5. The estimated cost of extending such facilities and/or services and what is to be the method of financing. (Attach any supporring documenu.) I , 6. Availabiliry of the desired service from any other unit of local oovernment. (Please indicate the government.) . , i 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 govemmental units, please so indicate by stating the name or names of the governmental units involved. CitY Rural Fire Dist WPrsi~iNZ-Tz--%Co Fi2~ 2)jS'7' Counry Service Dist. WR&+14-'GT-C~-s Sanitary District (Cr'/ or- Hwy. Lighting Dist. Water DistrictCfl-r-/ o-F I (,-frao Grade School Dist. Drainage District ~ Hi-h School Dist. Diking District ~ Library Dist. T1(:Pe-D Park & Rec. Dist. V&--A-nN~~-~~ • 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 rystem), please so describe. ; A,.44.1,~ ~~~r„~~► APPLICANT'S NAME I'KC-"b ~~SMC►~'E Nt 4II.ING aDDRESS 7SQ~ vJ /i.~-C F TELEPHONE Iv'[TivIBER (Work) 6 (Res.) ~ REPRESENTING F15rtez ~~-~~'-nE~ I r,1ST , DATE: '7 16 Revised 11/93 _ ~ • ~flC~d~ . o1,'a:~ ~ i, ~Gt~ : ` 6~,~~~ REQUEST FOR COMMEHTS CITY OF TIOARD Community 0eveCopment F3y SfiapingA Better Comrnunity DATE: lanaawYO; T0: lulia Huffman, Unified Sewerage Agency FROM: Ciiy of Tioard Planning Diuision STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner Phone: (5091659-4111 fax: [50S16847291 ZONE CHAN6E ANNIXATION [ICN 98-0002 ➢ FISNER/PASSMORE WALNUT STREET ANNEIIATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. , APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the SitB PI811, Vicinity Map and AppllcanYS StAtCIllCllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (FRIDAY - IANUARY 30.1998). You may use the space provided below or attach a separate letter to return your comments. If You el'e u118b1e t0 reSp011d bY t118 eb0ue date. please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: 7~- We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: (rnlease provide tke folCo-wing infornration) Name of Person[s] Commentln k.y Phone NumbeNsl: - 4,t y = 0~~) ~ ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAL/REQUEST FOR COMMENTS ~ , ' . M • • v... •-w., SCf MAP g z300 zs 1 •~4 - ,m.,s e.• ~.u.•~ve. <so 2e01 ~zzoo ~ i SW 1271hAVE. - .y 2100 . ~9 ~ZIc*~• > Q 23 -74 PARTITION 4e ~ zeoo 417 IC I ~Va~ • ~ f 2000 • a~.J~ a ~OO ~ Mrfl/k 1 ~o0 1997-070 `T t ioo` r:j= O . 2 1900 ~ ~ Z ' zsoi a as 3z$ ~ e 2003 '~soo • ,w ~ Aa now 1800 ra ' ~ IO > ~ SVO MARIE C-r: > •.n ~ e 600 2600 1 7M Q ' 44 8 ~ gpQ y ' . 1600 ;IOOOs s 3 7 ~ ~le: nu~ ~ raa~ 5 2900 2700 41 1-1~ „s , • ,m y .1e~e. .JIAe ' ~aae~ > ~ tim I500 . I I 0 I2; ~ y ••1 ~300 a i.ao ~ AM P ~ y aat ~ g ~ 3 i p 2 . ' i . ~ ~r a n • ~wr .~p • e MR\~Pi~~~~t'~~M~~ '~~.1 T g S. W a ST Aar. es. 3 41FALN UT . J 3000 • ,.s p 3~Op 1 I 3~0 ` .c7.1c. 3400 ~ 3101 .[9~e. ' i.ae.a. 1.s4~ 3E01 3802 Q I ~ ' ~ A f .nt tJlia I ~ ~r ~ I ee I ` 3304 ,r S BIECT , i .e,,. 3 - C7 23 3,0, r ~ ~ - .ITIe. ~ Y .tfiq ~ ~ $ I ` i.sr~m 8 3 ~ g ~eo 1I ~ : I s LL 74) ~ I :301 IC31 2s , ~ ~ ~d/ ~ IC \ O II e AAC \ • ~ % 3100 i.os~e. 'a ~ ~ nsano cm uMITS q I W -Y 3Cr • - seH r•o , 23 t a . {/MSEnO~ &CASENWvL . S iTF PLAN lCA 98-0002 ~ FISNER/PASSMORE ~ ~ . EXH IBIT MAP N wALNUT STREET ANNEIIAATiON ~ out~ani»seu~ - - - - - - Q - - _ - - ~ - - - - - - - - . . - CITY . 11E01IR4VMIC INFONYA710M 6Y8iEY PLANMIN6 DIVISION VICINITY INAP ' i'. . i-~ .r~• . , ' , , t r . ~ f ~ f . ~ f . > , u . • Z ~ _ < - > W ZCA 96-0002 Fisher/Passmore Walnut St Annexatio wi 777 y •.n ~ `'Y~ Y.,C ~ - ; . IE `CT 4 _ . ~r ti * . ; °4 = y , . . - ` . . .k . ~ , :;}k.' ~~u • • ' ' ~ l~~ .1 . . ` . . . . .2. . . . , . . ' , ~ ~ft . . ~ t ' . ~ , A ~ N o ,oo zoo aoo +oo F~ ~6 . . . ~u t«t ~O o`~O`~a r = CIt)` Ot TIgHT'd ~ Q. IntamaWn on Ihis meP b tu peneral locatbn ony aM f i11OYN DO VBf~104 WIUI IJIB DBVOIOpfMfY SOfVI00i DNISIDM1 r. 13125 sw r+ae swd , i Tlgend, OR 97223 . . . . ($03) 639-4171 htP//w+w.dtlpardu.w ~ • Community Development Plot date: Jan 20, 1998; cArnagicMagicdd.apr ~ 01/22/98 THU 09:45 FAY 503 591 0986 TVVVD ENGINEERING Z001 . _ . ~ ~ • ~ REQUEST FOR COMMENTS CITYOFTIOARD Concmunity ~Dcveloprnent RGI,+~v ,,~Q N 2 ~SF+~~ ~~}yg Better Community DATE: lanuary Z0.1998 T0: Adminlstratinre Offlce, iualstln ValleY Water Distrlct FROM: City of Tioard Planning Diulslon STAFf CONTACT: lulia Powell Halduk, Assoclate Planner ' P6one: E50S1689-4111 fax: [50316847291 IONE CNANCE AMNE1fAAflON (ICAI 98-0002 ➢ FISHER/PASSM08E WALNUT STREET ANNEI(ATION Q The applicant is request+ng to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S1 04AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the Site Plen, YiCinipl Mep e[Id Applicellt'S StStemellt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDQY - IANUARY 30,1998I. 'You may use the space provided below or attach a separate letter to return your comments. li You afe uDable t0 feSDOnd b]I tl1e ebOYe dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PIEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ~ Wri en comments pr vided below: , (Nase prouide cke fo&yta►g rnformtion) Name of Person[sl Commenting: Phone Nnmder(s): ZCA 98-0002 FISHER/PASSMORE WALNUT ST, ANNEXATION PROPOSAUREQUEST FOR COMMENTS , • • • REQUEST FOR COMMENTS CITY OF TIOARD RECEIVED PLANNING Community ~DeveCopment , ShapingA Better Community DATE: lanuarll 20,1998 JAN 2 9 1998 T0: Mlchael Miller. COT Water Department CITY OF TIGARD FROM: Citi of Tigard Planning Dlulslon STAFF CONTACT: lulia Powell Na1duK, Assoclate Planner Phone: [5031639-4fl1 Fax: [5051684-1291 ZONE CHAN6E ANNE1(AflON QCA198-0002 ➢ FISNER/PASSMORE WALNUT STREET ANNEMATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the SitB PI811, Yiciniql Map and ApplicanYS StetC111Cl1t for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (FRIDAY - lANUARY 30,1998). You may use the space provided below or attach a separate letter to return your comments. If You el'e uneble to reSpOnd bY the eboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: ~~A-t_-t& eiuA,~~~-rA A,< `RsEr.~wC (~Please provie tke folCawing infornration) Name of Person(s) Commentlng: ( r Phone NumbeNsl: x 2CA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAL/RE UEST F R MMENT Q 0 CO S \ • • REQUEST FOR COMMENTS CITY OF TIOARD G Cammunity ~Development ~~S`~spp~-p`NN~N ShapingA ~Better Community DATE: lanuanl 20,1998 T0: BMan Moore Portland 6eneral Elec~ic ~pN 2 6 19g~ . ~ O~I `GP~~ FROM: CitY of'~gard Plannlno Dlulsion STAFF CONTAC~ lulla Powell Ha1duK. Assoclate Planner Phone: [5031639-4t11 fax: [5051684-1291 tONE CHAN6E ANNEXATION QCAI 98-0002 ➢ FISNER/PASSMORE WALNUT STREET AHNEIlATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the Site Plell, Vlciniiy Map and Applicant'S StetC111Cl1t for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY - lANUARY 30.19981. You may use the space provided below or attach a separate letter to return your comments. If You ere uneble t0 I'eSqOlld bY the eb0ue dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK TNE FOLLOWING ITEMS THAT APPLY: ~ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: (~Please pmvide tkefolCawing infornration) Name of Person[s) Commenting: ~t~2~ p,,,~1 1n.~.~•J~ Phone NumbeHsl: ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS . ~ i REQUEST FOR COMMENTS CITY A4- OF TIGARD RECEIVED PLAWINQi Community ~DevcCopment S(apingA ~Better Cotmnunity DATE: lanuarll 20,1998 J AN 2 3 1998 T0: lohn Roy, COT Operatlons Depardnent CITI OF TIGAHD . FROM: Ciiy of Tigard Planning Dluislon IAFF CONTACT: lulla Powell HaJduk, Assoclate Planner Phone: 15031639-0t11 Fax: [50516841291 ZONE CNAN6E ANNEKATION QCAI 98-0002 ➢ FISNER/PASSMORE WALNUT STREET AHNEIlATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the Site P1811, ViCinily Mep elld AppliCellYS St8tCI11Cllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [fRIDAY - IANUARY 30,19981. You may use the space provided below or attach a separate letter to return your comments. If y0u ere u118618 t0 reSDOnd bY tl18 eboYe dete. please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CNECK TNE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: ( Please pruvide t(te folCawing infornuttion) Name of Person[sl Commentlng: Phone NumbeHsl: ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS ~ . . • REQUEST FOR COMMENTS CITY OF TIGARD Community ~Development . Shaping A Better Community DATE: . lanuary 20,1998 T0: llm Wolf, COT Police Departnent , FROM: Ciy ofIlgard Planning Diuision STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner Phone: [50516394111 fax: [5031684-7297 IONE CHAN6E ANNEI(AflON QCAI 98-0002 ➢ FISHER/PASSMORE WALNUT STREET ANNEMATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the SitB PI811, ViC(Ility M8p 811d AppliCellYS St8tCI11Cllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [FRIDAY -)ANUARY 30.19981. You may use the space provided below'or attach a separate letter to return your comments. If You ere u118bIC t0 reSU011d b]I the ebOYe dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: ej;~cllb -\b QtQ')\& o~d~ace,n~t ti(~iQ~,c~ey s`(\06 bA AeAed ~k~an ~a a~hQl~ • (Qllease provi~fe the foQ'owing infornration) Name of Person[s] Commentlng: Phone NumbeHsl: b1\ot x ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS . . . . • REQUEST FOR COMMENTS CITY OF TIOARD Community ~DeveCopment S(aping A Better Cominunity DATE: lanuar1120,1998 T0: BMan Rager, COT Englneering Depardnent FROM: Cial of Tigard Planning Dluislon STAFF CONTACT: lulia Powell Na1duK, Assoctate Planner Phone: 15031639-4fl1 Fax: 150316841291 lONE CNAN6E ANNEXATION [ICAI 98-0002 ➢ FISHER/PASSMORE WALNUT STREET AHNFIlATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning ~ from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. ' APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the Slte Plell, Yictnity Map and ApplicanYS StetCmCllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (FRIDAY - IANUARY 30,1998). You may use the space provided below or attach a separate letter to return your comments. If You ere uneble to reSpOnd bY tlle a6ou8 dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. ' PLEASE CHECK TNE FOLLOWING ITEMS THAT APPLY: ✓ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: (Please pro-vide the folrowing information) Name of Person[sl Commentlng: ~zo ~ - 1 Phone NumdeNsl: ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS ~ I CITY OF TIOARD Community (Development S(w ingA~9etterCommuni ~ ::~::::ii:>:::.'.::::<:;:::: ~...~.~;:::>;:;»<::'»>:`:`'`':'`a~':'`~<~':~':'•':;'•:'•:'•»::>:::<:'>s:::`?:`:f•.;>•.'~>;'•>:>;:'•:::;::::`•»»::?iiEE:;'.»:::::' ;:::::::::~::~:i::::;:;::...... ~~i:~~~~R~~~. . . . . . 120 DAYS= N/A FILE NO(S): ZONE CHANGE AHNFJlATION [ZCAI 98-0002 FILE TITLE: FISHER/PASSMORE WALNUT STREET ANNEIlATION APPLICANT: Fred Passmore OWNER: Fisher Properties Trust 7501 SW 195th Place PO Box 11370 Aloha, OR 97007 Portland OR 97211 (503) 642-1591 (503) 460-9863 REQUEST: The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. CIT AREA: Central CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: FridaY lanuary 30,1998 STAFF DECISION DATE OF DECISION: HEARINGS OFFICER DATE OF HEARING: TIME: 1:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 1:50 PM X CITY COUNCIL DATE OF HEARING: 2/24/98 TIME: 1:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP R LANDSCAPE PLAN NARRATIVE SITE PLAN K TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: Julia Powell Hajduk, Associate Planner (503) 639-4171 Ext. 407 ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS ~a ZONE CHANGE ANNEXATION APPLICATION CITY OF ?IGARD 13125 SW Hall 81vd., rigarrl, OR 97223 (503) 639-4171 FAX~ (503) 684-7297 PRE-APP. HELD WITH: DATE OF PRE-APP.: GENERAL INFORMATION FOR STAFF USE ONLY Property AddresslLocation(s): : . ~s.Vi. WALm ~ ~WD, . . ~ . Case No.(s): -oQ 02- Tax Map & Tax Lot #(s): Other Case: No:(,s):: ~ , . . 1~x LU V✓ ---Z300 1 ~ S , 12, I'1r4 •EG 4 A-b :::.:Receipt No::~ ~ aPPlicatiornAccep:ted: By': Site Size: ~-FO)O-J S S(~ FT U~. U.-Z ~ . . . . . P rtY ( ) : ~l5ttt2 ~(t't7~'t~e5 12u~7 Oate:: Pro e OwnedDeed Halder s' . . Address: Phone: tiQ'2gb_3 , Oate Determined To:Be•.Com lete:.~ ~ ~ City: f Q~LArI~ r Q R Zip: ~/'7~ ( ~ . . . , p . . Applicant': n P' Comp PIaNZone Designation: A'~~~?(1'2F Address: Phone: City: a'l-o 0~ ~ Zip: ~~007 .C1T ' When the owner and the applicant are different people, the appticant aev:.eW&.: i:'auVnvnescersV=ooc must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written ~ authorization. The owner(s) must sign this application in the space REQUIREO SUBMITTAL ELEMENTS provided on the back of this form or submit a written authorization with this apQlication. ✓ Application Elements Submitted: PROPOSAL SUMMARY I Application Fortn . it~ The owners of record of the subject property request a Zone Change ~ Comp{eted Boundary Commission forms Annexation from Washington County -S_ to Tgard far"Double Majority" Annexation q- S (if appficable) and a Zone Change from Washington Owners SignaturelWritten Ruthorization Counry to Tigard Title Transfer Insirument or Deed . ~4N3~ Site/Ptot Plan i9/L"A . 9~ 9Gre 5 i;46 / i4ww1417c✓ 43Sp ~ of copies based on pce-app check list) (provide any additiooq information here) SitelPlot P1an (reduced 81!:"x 11 , Applicant's Statement na 9 uil ~ r'F9 of copies based on pre-app check list) ~ I . tft.e ~ I } APPLICANTS: To consider an appiication complete, you will need to submit ALL of the REoUIRED SUBMITTAL ELEMENTS as described on the front of this apptication in the "Required Submittal Elements" box. (Detailed Submittal Requirement Infiortnation sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLlCANT(S) SHALL CERTIFY THAT: • The above request does not violate anv desd resViciions that may be attached ta or imnosed uoon the subjgct pro°ertv ' • {f the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and fimitations of the approval. • All of the above statements and the statements in trie plot plan, attachments, and exhibits transmitted herewith, are trve; and the applicants sa acknowledge that any permit issued, based on this apptication, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, inciuding the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of gAgh owner of the subject property. • DATED this 3o~ day of J Je-c e, 19 ~7 /--n4 , Own s Signature Owner's Signature Owner's Signature Owner's Signature 2 ° , ~ a ~a ~ . o ~ ~ ~ ~ aRS ~~(~y ~pp• ~ ~ 5-d = ~b ~ 1~i~~~♦ 6~ .mi .aa ~ ~ i d ~ O~ A EO ~ ,y ~ l~) ~ - • ~ s ~ ~ ~ _ ~O M N M M ~I N M ~e 1~ • 1~ ~ ~ ~1~ QG _ ~ ~ W ~ _ ~ s~ Cf7 ~ ~ ~ ~ . ~ ~ ~ ~~~a~~~ ~ ~ ~ ~ ~ , ~ O ~ :i F W r/ M O ~ ~ ' ' • ~ ~ Y . ~ : ~ . ~ • ~ ~a ~ ~ ~ ~a ~ ~ ~ . . ~ ~ . ~ ` ~ ~ e: _ ' . ci t - - PropeActe) Data Selection Menu - - Prop ID : R480544 (Real Owner: FISHER, THOMAS *RUSTEE Map Tax Lot: 2S14AD-03300 (315230) PO BOX 11370 Legal . ACRES .92 PORTLAND, OR 97211 Situs : 12920 SW WALNUT Year Built : 1930 Living Area: 1348 Code Area : 023.78 Sale Date : 04/11/97 Sale Price: 1997 Roll Values Deed Type : DBS Improvements $ 72,370 Instrument: 97036128 Land $ 71,230 1997 Tax Status Appraised $ 143,600 Current Levied Taxes : 1,162.50 Exemptions $ 0(-) Special Assessments . Taxable RMV $ 143,600 * ***'Unpaid Taxes M50 Assessed $ 91,100 (1) Alt Disp ~(2) Primary ~(3) Secondary ~(4) Land/Impr (5) Gen Appr ~(6) Ownership ~(7) History More Enter Option from Above or <RET> to Exit: _ «Daren's Report 1/6/98 1:30:07 PM » at i v . • _ " ~ ~►~'1~.\~~►~. ~ ~ ~ Co. Rd. Na, 93+i ~~.lY 11T' T o~ ~ : ~ s~• !!to S 3t?~ 174 fo ~500 3404 ~ 300 3400 ~ 3401 i 92 ar J6AC. 1.8d Ac. ~ ~ Y ! 1 ~ ~.5fl3 I .asac. ~ a it{ tQQ 3504 3505 " .25Ac. I ~ osAG 3100 1.22 ac. 0~ W - a ~ 3502 . w 1 4 100203 T8 » I it aQn' f iat.a 3501 3200 w l ~ l.ft / AC. .38 Ar • 330{ ~ .99Ac. i f r r ~ r > ,0 . ~ in " ► ~ e ~ m N ~O ~ I I ~ 30 i 2 S , ~ ` . , . ~ w~. ...r... ...i.. .....i c04.42 1to.te . 1 875 r~►; v,,;~ ;a i-:=,.. . 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W Co.Rd-No.934 T WA,LN UT ° 92-5645e ' BI• 2980 9 100 ' SO 89'41 20 100 p.71 N ° 22'E 158.1 10277 ~ I Bi 132.98 40 171 11~ I ' yp ' ~ 370 0 1 3900 3000 3300 3400 ~ 3401 35~ I I .69Ac. • 3801 3802 .33Ac. .4TAc. .27ac. 73AC. 2.33Ac. e~ .92 AC /.36AC. I 1.84AC. ~ I R o 3503 ~ ~ - o f ~ I .as:t. ~ i - t I ` - ua I L oo - ~ n 3504 3505 .2: Ac. I ° W ~378 .oSAC,zo . 2~3 ioz.,6 1 ( ~ o iis / 78 2.5 a~ 3101 W A~ 3502 3800 .47AC. ry I I , 2BAc. 82 Ac. ~ o o ! Iil n I^OO W I IS• . ~ W W ~ ~ " W 1 P 3501 ` I, 3 (G 24 74) l 1.61 Ac. \ - 3301 r 4200 .42Ac • 99 Ac. D 0 102.76 I Cl~v ~ \ \ 3 a I 100 s^ ~ / ~ e - 3100 /.OBAC. ~ I \ _ I oo _ 1 I~ - ~ L a ` ~ o I r30 j I ~o ~ 2 S 5 89° i0~ .32': SO G70.3~ 160_7 ~ 3)1.] IGOB 104,02 ~ na.ze CS.1597`I ~ - - - - - ses^as'ac'• $ MA P I • • From: "Mike Mlller" <MIKE.COT> To: "Julia Hajduk" <JULIA.COT> Date sent: Wed, 14 Jan 1998 09:00:01 +0000 Subject: Re: Annexations Send reply to: mike@ci.tigard.or.us Hi Julia! All three lots are currently being served by the Water Department. 2S10313D02300 6-inch water main located within SW Carmen St. 2S103AC02101 6-inch water main located within SW Fonner St. 2S104AD03300 6-inch and 12-inch water mains located within SW Walnut St. Currently the home located on this lot is served from the 6-inch water main. If the lot is to be developed, additional domestic service would still be provided fronm the 6-inch water main, however, fire protection would be provided from the 12-inch water main. I hope this is the information you are looking for. Thanks! Julia Ha'duk 1 W ' 1 ed, 14 Jan 1998 09.14.13 . • ~ x ~ ► • CITY OF TIOARD Community Develvpment Sfiaping ?1 Better Canmunity CITY OF TIGARD ~ Waskington County, Oregon NOTICE OF f INAL ORDER a BY THE TIGARD CITY COUHCIL case tvumber(s): lONE CHANGE ANNENATION [ZCA] 98-0002 Case Name(s): FISHER/PASSMORE WALNUT STREET ANNEMATION Name of Owner: Fisher Properties Trust Name of Applicant: Fred Passmore Address of Applicant: 7501 SW 195th Place Citv: Aloha State: Oregon Zip: 97007 Address of Property: 12920 SW Walnut Street Citv: Tigard State: Oreqon Ziq: 97223 Tax Map & Lot No(s).: WCTM 2S104AD, Tax Lot 03300. Request: > The applicant has requested to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Zone: Upon Annexation into the City of Tigard, the new zoning designation will be changed to Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is to establish standard urban low density residential sites. Action: ➢ ❑ Approval as Requested ❑ Approval with Conditions , ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 0 Owners of Record within the Required Distance 9 Affected Governmental Agencies - 19 The Affected Citizen Involvement Team Facilitator O The Applicant and Owner(s) Final Decision:% ~ 0 ~cc ~cc~r c.~ /l~o ~f 8- v-~ THE DECISION WAS SIGNED ON,:2/a q,1998 AND BECOMES EFFECTIVE ON ~3 1ID6 , 1998. o,j v Ccc.f icI, /L(o CI 6'.-u~..9 --64- Q/-)q 19Y The adopted findings of fact, decision and statement conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. 2CA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL . OTY OF TIGARD, OREGON • ORDINANCE NO. 98-05 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider a zoning designation for one (1) parcel of land located south of SW Walnut Street between SW 128th and SW 131st Avenues; and WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS the zonin district desi ation recommended b Plannin Staff, , g gn y g , as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use ! designation while implementing the City of Tigard's existing comprehensive plan designation of L.ow Density Residential. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected property shall be designated as follows: Tax Map/Lot Number 2S 104AD, Tax Lot 03300 Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zonin~ New Zoning Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By UMIUftouS vote of all Council members present after being read by number and title only, this day of , 1998. ~ (~a-therine City Recorder APPROVED: By Tigard City Council this o~~~ day o , 998. Ja s icoli, Mayor App ved as to form: Cit ttorney Date -Z ` ORDINANCE No. 98- iAcitywide\ord\zca98-02.ord Page 1 of 1 lulia P H 11-Feb-98 1:43 PM • • • ~ AFFIDAVIT OF MAILING . STATE OF OREGON ) County of Washington ) City of Tigard ) 1, ~t S S 1 C A.. G vi'►~1C Z . hereby certify: , Please Print That I am a Q.l/A~l~11qU-P_t°f, for the Ciiy of Tigard, Oregon. That I served notice of the Tigard City Council NPfi C-e- Of ~Fma Zov~.c ~ 1~v► d~. C~ ~~f.7 ~~~DDa2 ~Shc~ ssmo~ Wc~ In ~tt +r &t 1*h6xa t700. of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the q Im day of Ma-,rCh . 19 9 t , by mailing to each of them at the address shown on the attached list (Marked Exhibit B), said notice is hereto ~ attached, and deposited in the United States Mail on the ~ day of 19 ~ ~ . postage prepaid. . . ' n. t - epared Notice Q_j Subscribed and sworn to before me this 01 day of Aa4z&_ OFFICIAL SEAL CATHERINE WHEATLEY ' i NOTARY PUBLIC-OREGON' COMMISSION NO. 042176 Notary Public of Oregon MY COMMISSION EXPIRES MAY 10, 1999 My Commission Expires: h:\login\cathy\afofmail ~ . •iTY OF TIGARD, OREGON • ~ RESOLUTION NO. 98-1 q A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE ANNEXATION (ZCA) 98-0002 - FISHER/PASSMORE WALNUT STREET ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EYHIBIT A" AND FURTHER ILLUSTRATED IN "EXHIBIT B". I i WHEREAS, the Tigard City Council held a public hearing on February 24, 1998 to consider the annexation of one (1) parcel of land consisting of .92 acres located south of SW Walnut Street between SW 128th and SW 131st ~ Avenues; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half of the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriff s Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately withdrawn from those districts upon completion of the annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: SECTION 1: The Tigard City Council, pursuant to ORS 199.490(2)(a)(B), hereby initiates proceedings for annexation into the City of Tigazd, the territory described in the attached "Exhibit A" and further illustrated in "Exhibit B". . SECTION 2: The City Recorder is hereby directed to file certified copies of the Resolution with the Portland Metropolitan Area Local Government Boundary Commission at once. PASSED: This O'~ day of - , 1998. or - City of Tigazd ATTEST: ~ City Recorder - City of Tigazd Date RESOLUTION NO. 98- iAcitywideVreftca98-02.res , Page I of I lulia P H 10.Feb-98 4:59 PM FoXHIBIT A ~ EXHIBIT `A' Leqal Description forrZC A)98-0002 Beginning at an iron rod on the South line of said Northeast quarter which bears South 89° 18' West, 1068.9 feet from the quarter comer on the East line of said ; Section 4 and running thence North 10 16' West, 325.0 feet to the true point of I beginning; thence North 10 16' West 331.10 feet to the centerline of County ~ Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence , along said centerline South 89° 22' West, 132.65 feet, from which an iron bears South 11 16' East, 30.0 feet; thence leaving said centerline South 11 16' East, 331.25 feet; thence North 89° 18' East, 132.68 feet to the true point of beginning. ~ I 13 ~ •.r"r' SLC ~ 25 ~ •~i / ~,dS !O i " ~ • , ~ ~(tt►A~' r~z~ ~i w 23_7~~~ ~ :+o~ r W \ ,.N• ' = a.- ' s,eo '~'T~~~ ' ~ • s • W~ A ~ * s700'~~ ,a,2 ay ~ ~.a~ y,~ ~Y ~ • i 170 r t2 ' +Y~ ~.n 40. gT~ ito ~C 2 ~ t ~ • ~ h S i i3 ul xaa r ,so~ S 1i~ ~ADRiE ~ ' ~ i : ~ ~y ~ ~ ~ ~ ~ ''n~ :s ~ ' s~} ' • • , ~ ~ Q ~ iol - i~00 ! ~ i • ~'y, "r Cl. D~ ~ • . e:r• ~ ~ ~~40 ~2M~ i704 ul aTOO .sr" t'30,0 ~ r N'Y• '~~,o.w+~"`r`~ ~ (`l y • , :r , , ' f i g' W s`~^ ~ 1 sc-,r-"'" ~ Z~ 140, ~ ~oo0 1 - , • ~ , •j"« ~ ~ iso' ~ a ~ ,'Q' i , Z ~ JT11. ! i +~1 Irl+-Ad, . ~ LC.4 2~ ~ U. PIP •'`OMa ,;4 `t-~ ! f ` • t M'~ - LIMlTS IMiTS ' p L VTS1DE ~F CITY tNptCATES W~TH~N ,q)i AR ~ p T 0 BE ANN~ED I C A ~ ~Np1GATE5 A~ ~ ZCA 98~~02 SMORE FiSHE~p gTREET ANNeXA ~ Is ,w S ~ ~C~11B~T MAp E 0 7CA 98-0002 FISHER/PASSMORE WALNUT STREET Fred Passmore ANNEXATION 7501 SW 195th Place Aloha, OR 97007 Fisher Properties Trust P.O. Box 11370 Portland, OR 97211 • ~CC.Y~ a~ - ~ CQMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 NotiCe TT 9035 BEAVERTON. OREGON 97075 Legal Notice Advertising •City of Tigard ` ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )gs' I, Kath~~.Sn~der being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, Of th9? 7cr,ti-T1,lA1at i n mimes a newspaper of generat circulation as defined in ORS 193.010 and 193.020; published at Ticlard in the aforesaid county and state; that the Zone ChanqQ-FiGher %PaGsmo e Wa1 niit St- _ a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: February 12,1998 OFFICIALSEAL I JACQUEUNE ARELL11N0 , NOTARY PUBLIC-0REGON COMMISS{ON NO. 301011 MY COMMISSION EXPIRES JUNE 9. 2001 v Subscribed and swor to before me thisl 9th day n£ EP_h._ruary,1998 Notary Public for Oregon My Commissionxpires: AFFIDAV{T - ' - • ~ The following will be considered by the Tigard City Council on 'I.'ues- . day, February 24,1998, at 7:30 P.M., at the.Tigard Civic Centec= Town`. - Hatl Room, 13125 SW Hall B1vd.,;Tigard,.Oregon 97223. Both public,2 ~ oral and writfen_testimony,is'ini±ited. The public-hearing on.this ma~tei ; will be conducied in accordancewitli the niles of Chapter 1,82.of.the;,: Tigaid 'Municipal Code and any'iales and procedures adbpted ~by. the:';:=a_ Tigard Ciry Council; or~rules of procedure set forth in;Chapiec Failure to raise'an'issue iri peison or by letter at soine'point prior to the:: r close of the hearirig'on the'i-equest accompanied by statements or evidence ~ sufficient to allow the HearingsAuthority and a11 the parties fo respond.on the request, precludes"an'appeal to the Land Use Board of Appeals based. specify the criieiion_from.'ttie;.Community.~...~ ~ i on"that°issue; and failure to,' Development Code;or Comprehensive:Plan af .which-a comment:i~;;="•=';°_-: ; directed-precludes an appeal based on that ciiterion.:Further informatibnis'':•~~ { available at Cit'YHall and maY. . ~be:obtained from.the<CommuriiEY.Deve(oP-=" " , . z ~ ment Director or City Recordet atthe same locatiori;,or,by calling (503) 639-4171. - . - . , , - : _ A-':Tr. ~ - ~ .ti 1 PUBLIC,HEARIIVG:-;-~,.,` ~:,>:.r~;,;~:.~;~1•";..'~:rti::r~~i;.~~~.~-~~n.~~~;.=:,.w~.: ; ZONE:CHANGE~ANNEXATION (ZCA)~,98-0002°;~~"u : ~ •~r{ / >,FISHER/PASSMORE,WALNUTSTItEET:AS~NEICATION<.:..'r,=::. . REQUEST: The applicant is`ieguestirig toE'~arinex3:92¢acies~o£property:~.~:` inio the City of Tigard~arid change the zonmgfrom'Counry'R=S~fo Ciry"of`"' ~ TigardsR-.4:5:-•LOCA~.TION:a 12920 S`Wal'auf 3tr2'4t`;_~WCTM- i• .a~~ 28 -d.. 2S104AD,~'Fax Lot 03300:_ZONE:''The~pro sed:zQn;e.:ci~ange.is to Ciry`;, -of`4Tigar'd R 24''l. ~[btnrCoiirity~,R-S.=-AP , LICABLE REYIEW=v'.; . .,i,. ~ CRITERIA: Community' DpvelQpment Code pier 18 Y36.fy°~,1zf 1 x~~A ~ F. ,x ~ .z°r •e:~r~,:Ls _ _r.~.^, . - . , :~'a.'4'• 4. : c ~'S~' - ' 'b., ' ~ r T y F~. ' ! ` . ~ Y: =2ty;~ ; 1 . :.Y: ~ `t " ~V'•' ~ ~4 ~Y • I ✓ Yf ~ . . . ~t ~ ~ • ~ILi~ . ~ 1 = .~1 1.:1'~~• ~w..a . .p • ~i~ ~ . .l h7'.. 1 . r~ ' . . . . ~iU~ ~ ~ • ' - • 'LY •o: .M.'' ..,y~'.7.~. ~ . - ii?~:~~ ~ .~Y..,~ ' . . ~ 'Y,!'~. `jr ':w3'it-`..i.';'.. tiw.~.' • r,.~, :{Y.: ~ ~ :i_. ~ - :'f.' . 1.._.. ~A...`. .t.. • - P . ~L.'y:. A ~ ...~R . 1 • ~ .:'.k: • i[~~ ,4•~.~ ca~ : ^ ' ' sS! ' ' -.o " R .L. , .:a Y Y • ~ •dlf:r :i'r,;"' . „f;ti 6~• - - i:::n,. r ^ "t" ~ t..~„ • , ~ _ - - u ,".T; ; . ' . € " • ~ ' S?ii:::. ~.r'r i `v f..c, 77 .U.. • gE~fi , '..i. y.:::i. ~ -i.'1~. _ .~TL ~ • • . .'S.i~; "'~1. 1 ~ ~ _ ~_~fM. '$n '~L°t(^~~ IL( ~ _ sY~ iL ~ J~'i+ii'.C .,2 •1ljL.i, k ,ti~ _ _ ~ ° - ~ j _ i:..~>. •T::- 1 + T . ~i! . . i ?id:zi;~ ~ 5:~,;C`iie•i _ :=j«~: -^.r _ `.t-~~•: . ~ '•i~:..3~~ ' iva -.en.ii}.; ,'an_'~{1: ':l•" • - 'sr.:~~, . _ " . - J... "y=~j :cwti : .~i .t • y .Y~ . . . • _ ` r . tY'_.• • ~ ~s• . ' ~•N+ ...r'f~~ua%~r:~~'~ L Y+ , . . ;~:'_...,'.;_r_1 .`..~v_rd".~':fn°'rrv.rv;~ _ ~tr.. ~ . . : rs.,. ' `i,. _•i'• y • ~ _ • ' ' •.1 . _ ..~1lti . . . L ' ~ • . ~7179035-PublishFebruary 12,~1998. . ' ~~"tY;~~4: ~ . nr- . • . . ' :~i.~ . . • ~ • CITY OF TIOARD Community ~DeveCopment S(:apingA Better Cormnurzity PUBLIC HEARING N' NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, FEBRUARY 24, 1998 AT 7:30 P.M. IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: ZONE CHANGE ANNEXATION (ZCA) 98-0002 FILE TITLE: FISHER/PASSMORE WALNUT STREET ANNEXATION APPLICANT: Fred Passmore OWNER: Fisher Properties Trust 7501 SW 195th Place PO Box 11370 Aloha, OR 97007 Portland OR 97211 REQUEST ➢ The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. THE PUBUC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION IF A PERSON SUBMITS EVIDENCE I&PPORT TO THE APPLICATION AFTO_ B U 998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT ' THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25-t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER JULIA POWELL HAJDU AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. + ` ' s~ J c • .1 t y,1., ~r~P'n~~, 1. if tti> L:j 1. a , ir ' r aJ , ,,•.r ~s f ';r ,fy, . ti , ~r 4. , , f : 'a~ ,r , , Y, . , ' ~ • :I • . , ~4 , F 1 M.a .y~, .T ~ . r 1 ~ M I .1 1 V " ! \ h a ' r1i t L1 ' '}a . $ jit';~'.7 .~1~•aa , : . 1 . •~j . ; S~; • S:' : . ,d: ' 'h. , I - - - - - ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION 7cfl- W~-U1,V7' S% _ 14&'1v1F::7-X i~-I !ON . ~ 2 04AC-01 0 2S104AC-01800 TIG C Y OF SHRAUGER ROSEMARY TRUSTEE 13125 ALL 13030 SW WALNUT AVE TIGA , 023 TIGARD, OR 97223 I I 2S104AC-07600 2S104AC-07700 li PAPPAS LOUIS J MINN KENNETH A 12773 SW MORNING HILL CT 12762 SW MORNING HILL CT , TIGARD, OR 97223 TIGARD, OR 97223 2S104AC-07800 2S104AD-01500 BOATRIGHT TONY A& LISA K LINDERMAN VERA P 12734 SW MORNING HILL CT 12755 SW 128TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S104AD-01600 2S104AD-02600 KLEFFNER THOMAS ANTHONY WIRTHLIN JOSEPH E 4975 SW 65TH AVE 12919 SW WALNUT PORTLAND, OR 97221 TIGARD, OR 97223 2S104AD-02700 MURPHY RONALD V& CATHERINE L Fred Passmore 12915 SW WALNUT 7501 SW 195th Place TIGARD, OR 97223 Aloha, QR 97007 2S104AD-02900 2S104AD-03000 SELLIKEN HAZEL A PHIPPS WILLIAM H& SHERRYL D 12955 SW WALNUT 12996 SW WALNUT ST TIGARD, OR 97223 TIGARD, OR 97223 2S104AD-03100 2S104AD-03101 MUELLER DANIEL P& VERA E LANG GARY A& LAURA S 12988 SW WALNUT ST 12976 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 2S104AD-03300 2S104AD-03301 FISHER THOMAS L TRUSTEE LORENCE WALTER P& DEBI D PO BOX 11370 12950 SW WALNUT ST PORTLAND, OR 97211 TIGARD, OR 97223 2S104AD-03400 2S104AD-03401 PELOQUIN ROBERT S& MERCEDES N LEWIS BRIAN C& CHRISTINE C 12900 SW WALNUT 12902 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 2S104AD-03501 2S104AD-04600 • BODYFELT E RICHARD PHAM HAO D 12820 SW WALNUT 12949 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 I . . ~ • AFFIDAVIT OF MAILiHG cmoFnoaRo Community Deve(apment Shaping A Better Community SMTE 0F0REGOTC County of WaskirBton J ss. City of ?igard J I, Susan M 4Ne6er, being first duly sworn/affirm, on oath depose and say that I am an Afministrative SpeciaGst I for the City of ?garcf, Waskington County, Oregon and that I served the following: (Check Appropriale Box(s) Bebw) NOTICE OF DECISION FOR: AMENDED NOTICE (Fle NoJName Reference) City of Tigard Planning Director NOflCE OF PUBLIC HEARING FOR: E!~7 -)-GA 90 °OQDz/ PjSHEYz.. pA-SSMDA~' ~ KB. 24- I Qq8 AMENDED NOTICE (Fle No.Mame Reference) WA'j~j(AT 37- ~~~(~tcy6~P+~i ' ) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FINAL ORDER FOR: B ~ AMENDED NOTICE (Fle NoJName Reterence) (Date ot Public Heari ng) . Ciry of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE Of: FOR: Z:~, ~ (fype/Kirx1 of Notice) (Fle NoJName Reference) (Date of Public Hearinp, N appfcable) A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOflCE OF FINAL ORDER/OTHER NOTICE[Sl of which is attached, marked bchlbit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked i Exhib' "B", on the 2.A~' da of F~~'B~/i ° ~ y 1998, and deposited in the United States Mail on the day of I~E~~YztilAhW 998,.postage prepaid. (Person that Prepared Notice) Subscribed and sworn/affirmed before me on the day of , 1 g/ . OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON , . COMMISSION NO.Oa6142 NOTARY PUBLIC OF N MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commisslon s: 9/2 /j~~/ • • EXHIBIT'A' Leqal Descriqtion for ZCA 98-0002 Beginning at an iron rod on the South line of said Northeast quarter which bears South 891 18' West, 1068.9 feet from the quarter comer on the East line of said Section 4 and running thence North 10 16' West, 325.0 feet to the true point of beginning; thence North 1° 16' West 331.10 feet to the centerline of County Road No. 934 from which an iron rod bears South 10 16' East, 30.0 feet; thence along said centerline South 890 22' West, 132.65 feet, from which an iron bears South 10 16' East, 30.0 feet; thence leaving said centertine South 10 16' East, 331.25 feet; thence North 890 18' East, 132.68 feet to the true point of beginning. i • • •-w•-- ' sce r.n j taoo zs 1 •.A so ,a.,. + ~.r. ~ . ' zeo~ I Z.oo ~zzoo i SW 1271hAVE. • 49 ~ : 4* ~ 1 ~ > 23-74 'x1ooj~ • a 49 V ( .'J?A~ PARTITION zeoo ~ c,s .e r° 1997-070 ; ioo` =100 400, Z 'yy Z ~ 1900 L = 200 r 2601 N' 13 a f ~ I ~N4 i iy 1800 tQ + •s • SVYs MARIE CT. , ' ~ zsoo ' ~ soo Z 1700 6 ' 9pp ~ 9 ~ ~ . ~ 1600 ;1000~ : i 7 ~ ~'e, S4 Y f~ y ~ zeoo 2700 03 .as... ..v r.v •..a. > ~m ~ . 1 lao 861zac s soo ' ~ u~1 N's • 3 a 2 ~ a ,r n e ~u 1~~~~ ~ 'W~[4~Pif~~~~rY^N~~~ ~~~W T q W 9rT4~l.►f7+ T ' VIFAI.N UT Q ~ • ~ WLfI ~ M M ~ 1 ~ 3000 3400 ~ 7401 I ' 7e0a ~ ~S BlE T , i 'K~ s"` r 3101 $ ( ; ~ 3302 ~ " l t:l .C a/ Q 3100 , I ~ rn LasAe. Lj LL. I I ro O ~ a.ea - - - - - - en. ~u \ - pl ~ ~s.r • ~ INDICATES OUTSIDE OF THE CITY LIMITS INDICATES AREA WITHIN THE CITY LIMITS INDICATES AREA TO BE ANNEXED (map is not to scale) SITE PLAN ~ ZCA 98-0002 ~ FISHER/PASSMORE EXHIBIT MAP N WALNUT STREET ANNEXATION ~ S~ vJ OEOGRAGNIL INFORMATION 9V9TEY PLANNIN6 DIVISION ~ VICINITY MAP ~ N ~ Z sw ZCA 98-0002 ;U Fisher/Passmore ~ OD walnut Sr Annexation ~ lS~ N RIE CT w ~~p C ST " S ♦ N 0 700 200 300 400 Feet ~O ; Os 1'= 331 feet A~► m City of Tisiard ~ ° bdommtion ~,a~,, o~~ sbcatbn ~ ~ . ~ 73725 SW FIaO Blvd r Tigard, OR 97223 (503)839-4177 M;rlMww.d.tigardor.us Communiry Development Plot date: Jan 20, 1998; cAmagiclimagicdd.apr • s CITY OF TIOARD Community ~DcvcCopment ShapingA BetterCommunity CITY OF TIGARD WasFiington County, Oregon NOTICE OF FINAL ORDER c* BY THE TIGARD CITY COUNCIL Case ►vumber(s): ZONE CHANGE ANNEMATION [lCN 98-0002 Case Name(s): FISHER/PASSMORE WALNUT STREET ANNEI(ATION Name of Owner: Fisher Properties Trust Name of Applicant: Fred Passmore Address of Applicant: 7501 SW 195th Place City: Aloha State: Oreaon Zia: 97007 Address of Property: 12920 SW Walnut Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 2S104AD, Tax Lot 03300. Request: ➢ The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Zone: Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is to establish standard urban low density residential sites. ction: Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 19 Owners of Record within the Required Distance O Affected Governmental Agencies O The Affected Citizen Involvement Team Facilitator 19 The Applicant and Owner(s) Final Decision:* THE DEC'ISION WAS SIGNED ON , 1998 AND B'ECOMES EFFECTII/E ON ' , 1998. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION -PROAOSAL41REQUEST-FOR•GOMMENi'9- . • • REQUEST FOR COMMENTS CITY OF TIOARD Community ~DeveCopment ShapingA ~Better Community DATE: lanuarY 20,1998 T0: PER ATTACHED FROM: City of Tigard Planning Diuislon STAFF CONTACT: lulia Powell Ha1duK, Assoclate Planner Phone: [5031659-4111 Fax: (50S)6847291 ZONE CHAN6E ANNEKATION =98-0002 ➢ FISHER/PASSMORE WALNUT STREET AHNFJ(ATION Q The applicant is requesting to annex .92 acres of property into the City of Tigard and change the zoning from County R-5 to City of Tigard R-4.5. LOCATION: 12920 SW Walnut Street; WCTM 2S104AD, Tax Lot 03300. ZONE: The proposed zone change is to City of Tigard R-4.5 from County R-5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.136. Attached is the Site PI811, Viclniiy Map and Appllcant'S StBtCmCllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (FRIDAY - IANUARY 30.1998). You may use the space provided below or attach a separate letter to return your comments. If YOU are uDeble t0 reSq011d bY tl18 860ue dete, please phone the staff ' contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any ' questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (hease pmvire the fo&nving infomtation) Name of Person(s) Commenting: Phone NumbeHs): ZCA 98-0002 FISHER/PASSMORE WALNUT ST. ANNEXATION PROPOSAUREQUEST FOR COMMENTS . • • REQUEST FOR COMMENTS NOTIfICAT10N LIST FOR LAND USE a COMMONITY DEYELOPMENT APPLICATIONS ~ [0 - lodloates 18 Antematlo Notlflcatlens ef ALL CIt1l Prolectsl 1.cRAret tcl.to [sIM _ Cti1ZEJ11NY0lYEMEN??EAMS m n:c:ni i.wiw1oukrweirBaka,l . fILE NO[SL• 7,C49 qg -00o Z flLE NAMEISI:~~r/~~~s~t9,~ - . . ; : . Ct'IYIFRCES ' - ' . . ~ _ ADVANCED PI.ANNING/Nadine Smith, a~._qsw«vi.« COMMUNITY DVLPMNT. DEPTJovam.sK..r«nici. NPOUCE DEPT./Jim Wolf, am.v,..«munank« I BUILDING DIV./David Scott, euuawqonkw 21ENGINEERING DEPTJBrian Rager, o,ro.,M a.„..~ = WATER DEPTJMichael Miiler,oo«aro-.w..o. _ CITY ADMINISTRAT10WCathy Wheatley, cny a.ro,e.. 4_/OPERATIONS DEPTJJohn Roy, ft,«Mrn„,.a.. _ OTHER . . ~ . =SPECIAI DISTRICTS m TUALATIN HILLS PARK & REC. DISTA'TUALATIN VALLEY FlRE & RESCUE O'TUALATIN VALLEY WATER DISTRICT 015NIFIED SEWERAGE AGENCY Planning Manager Fire Marshall Administrative ONfce Julia HuffmaNSWM Program 15707 SW Walker Road Washington County Rre District PO Box 745 155 N. First Street Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hillsboro, OR 97124 . - ' . ~ . ~ LOCALANOSTATEInRISDICTIONS 0 CITY OF BEAVERTON 0 CITY OF TUALATIN OR. DEPT. OF FlSH & WILDLIFE OR. DIV. OF STATE LANOS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE Mike Matteucci, Nwgronw. cowa. PO Box 369 PO Box 59 Salem, OR 97310-1337 PO Box 4755 Tualatin, OR 97062 Portland, OR 97207 Beaverton, OR 97076 OR. PUB. U1ILITIES COMM. 0 METRO - LAND USE & PLANNING OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE 0 CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Porttand, OR 97232-2736 Portland, OR 97232 PO Box 23483 US ARMY CORPS. OF ENG. Ourham, OR 97281-3483 Paulette Allen, croWnMamgem.mcoordnal« OR. DEPT. OF LAND CONSERV.& DVLP 333 SW Frst Avenue I _ Mel Huie, arextepaewCaadlreta(CPA'a20A's) 1175 Court Street, NE PO Box 2946 0 CITY OF KING CITY / •Salem, OR 97310-0590 Portland, OR 97208•2946 City Manager c~ ME1'RO AREA BOUNDARY COMMISSION ~ ~ 15300 SW 116th Avenue 800 NE Oregon Street OREGON DEPT. OF TRANS. (ODO~ @?f WASHINGTON COUNTY King City, OR 97224 Buiiding #16, Suite 540 Aeronautics Division Dept. of Land Use 8 Trans. Portland, OR 97232•2109 Tom Highland, aw,ring 155 N. Fi►st Avenue 0 CITY OF LAKE OSWEGO 3040 25th Street, SE Suite 350, MS 13 Planning Director OR. DEPT. OF ENERGY Salem, OR 97310 Hiilsboro, OR 97124 PO Box 369 8onneville Power Administration , Lake Oswego, OA 97034 Routing TTRC - Attn: Renae Ferrera 0 ODOT, REGION 1 Brent Curtis (cvA'.) PO Boz 3621 Sonya Kazen, aroM aw. cowa. _ Scott King (cax,) _ CITY OF PORTLAND Portland, OR 97208-3621 123 NW Fianders Mike Borreson (Erqmwi David Knowles, awwng eur.au oG. PoRland, OR 97209-4037 Jim Tice (Icu•.) Porttand Building 106, Rm. 1002 OREGON, DEPT. OF ENVIRON. QUALITY Tom Harry (corm vi. nooe.) 1120 SW Fifth Avenue 811 SW Sixth Avenue 0 ODOT, REGION 1- DISTRICT 2A Phii Healy (cw,on vi. nov..) Portland, OR 97204 Portland, OR 97204 Jane Estes, v.m,n s~ist PO Box 25412 PoRland, OR 97298-0412 . : _ - . 9i1UTY PBOYIDERS AND-SPECIAlA6ENCIES" BURLINGTON NORTHERN/ SANTA FE R/R METRO AREA COMMUNICATIONS PORTLAND GENERAL ELECTRIC TCI CABLEVISION OF OR. Reed Fay, Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver, WA 98660-3000 1815 NW 169th Piace, S-6020 Wilsonville, OR 97070 Portland, OR 97201 Beaverton, OR 97006-4886 COLUMBIA CABLE COMPANY PORTLAND WESTERN R/R TRI-MET TRANSIT OVLPMT. i Craig Eyestone NW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Klser, Project Planner 14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street BeaveRon, OR 97005 220 NW Second Avenue 999 Third Avenue, Suite 2120 Portland, OR 97232 GENERAL TELEPHONE Portland, OR 97209-3991 Seattte, WA 98104-4037 Paul Koft, Engineering OREGON ELECTRIC R/R SOUTHERN PACIFlC TRANS. C0. R/R U3 WEST COMMUNICATION MC: OR030546 (dflRllNC/ONNOX/H81R/SAN/AFFR/RDRFDAtSOR1 Clifford C. Cabe. Construction Engineer Pete Nelson Tigard, OR 97281-3416 Reed Fay, Division Superintendent 5424 SE Mcloughfin Boulevard 421 SW Oak Street 1313 W. 11th Street PoRland, OR 97232 Portland, OR 97204 Vancouver, WA 98660•3000 hApany4nes1er3Wcno1ice.mst 2-Jan•96 Z D OEOORAPMIG INFORYATION BYSTEY 0 7 SW AREA NOTIFIED N M N ~ co ZCA 98-0002 5 = FISHER/PASSMORE (n WALNUT ST. ANNEXATION s RIE CT F ~-p < ~ m G~ ST . N 0 700 200 300 Feet 1'= 245 feet W ~ (,Ry Of TIp-flTd ~ IrJortrmtbn on Uds rtmp b for general ixffibn oNy and UI~ L stwuld be vertlied vvith Deveioprrard Servfces DhrFsion z R, ,3,~ ~ ~ r nWa, oR srm r (sro) 6tsam - m~l~ww..clugmd«.ua Community Development Plot date: Jan 20, 1998; c:Magiclmagicdd.apr