ZCA1998-00003
March 10, 1999
I ' I
CITY OF 'TIGARD
Oregon Department of Revenue OREGON
Cartography Department
955 Center Street
Salem, OR 97310
E: Formal submittal of the Ordinance and related Exhibits offciall
R Y
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~ City of Tigard have now been officially withdrawn from the Tigard Water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-
AN ORDINANCE OF THE CITY OF TIGARD DECLARING THAT PROPERTIES THAT HAVE RECENTLY
BEEN ANNEXED TO THE CITY ARE WITHDRAWN FROM THE TIGARD WATER DISTRICT.
WHEREAS, The City of Tigard withdrew from the Tigard Water.District on March 23, 1993; and
WHEREAS, since that time, the City has annexed certain properties that were within the Tigard Water District; and
WHEREAS, property wnthin the Tigard Water District annexed u►to the City after March 23, 1993, must be wnthdrawn from
that Water District to insure the proper entity receives the taxes; and
WHEREAS, pursuant to ORS 222.520(2), the City is liable to the District for certain debt obligations, however, in this
instance, the District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be
made; and
WI-IEREAS, pursuant to ORS 222.524, notice was given and the City held a public hearing on the issue of withdrawal of
those annexed properties from the Tigard Water District on February 23, 1999; and
WI-IEREAS, 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 Cityfjigard; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the District by
ordinance. NOW, TT-EREFORE, 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 District are attached
hereto as Exhibits 1 through 27 and incorporated herein. SECTION 3: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water
District shall be July 1, 1999.
SECTION 4: This ordinance shall be effective 30 days after its enactment by the Council.
PASSED: By mv- O-S vote of all Council members present after being read by number and title only, this ~
day of 1999.
2,1 -a . ~ L t ~
Catherine Wheatley, City Recor
APPROVED: By Tigard City Council thisday of , 99.
&es-Nicoli, Mayor
Approved as to form:
A
i Attomey
Date ,
ORDINANCE No. 99-_ Tigazd Water District Withdrawls from 3/23/93 to 12/31/98
Page 1 of 1 i:\citywide\ord\wdwithdr.ord.doc Julia H. 1 I-Feb.-99
• , I ' ~ ~ ~
CITY OF TIGARD WATER DISTRICT WTT'FIDRAWAL
. . Boundary Cammission
Final Ordec No. 38a
IF ZCA Nojl--:~)~3
. EXHIBIT 26 _jj
LEGAL OESCR(PTtON OF THE AREA A tract of land situated in the Northwest one quarter of Section 3 Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows:
. Beginning at the southwest corner of lot 8, CARMEN PARK as recorded in Book 23, Page
23 of the Washington County Subdivision Records; thence N 00010'00" W a distance of
216.98 feet to the north right-of-way of SW Carmen Street; thence N 89050'00" E, along
said right-of-way, a distance of 91.68 feet to the east boundary of said CARMEN PARK;
thence S 00037'00" E, along said boundary, a distance of 217.0 feet to the southeast
corner of said Lot 8; thence S 89°50'00" W, along the south line of said Lot 8, a distance
of 88.72 feet ta the Point of Beginning.
VICINITY MAP Of THE AREA
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• PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
.
FINAL ORDER
I RE: BOUNDARY CHANGE PROPOSAL N0: 3888 - Annexation of territory to the City of Tigard.
Proceedings on Proposal No. 3888 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 single governmental agency, rather than several governmental agencies is
, in most cases better able to assess the financial resources and therefore is the best
mechanism for establishing community service priorities.
' "(2) It is the intent of the Legislative Assembly that each boundary commission
establish policies and exercise its powers under this chapter in order to create a
governmental structure that promotes efficiency and economy in providing the widest
range of necessary services in a manner that encourages and provides planned, well-
ordered and efficient development patterns.
"(3) The purposes of ORS 199.410 to 199.534 are to:
"(a) Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in ord,er to prevent illogical extensions of local government
boundaries and to encourage the reorganization of overlapping governmental agencies;
"(b) Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
"(c) Provide an impartial forum for the resolution of local government jurisdictional
questions;
"(d) Provide that boundary determinations are consistent with acknowledged local
comprehensive plans and are in conformance with state-wide planning goals. In
making boundary determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
comprehensive plan provides inadequate policy direction shall the commission consider
the statewide planning goals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
"199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) Territory within a city may not be included within or annexed to a district
without the consent of the city council;
"(b) Territory within a city may not be included within or annexed to another city;
and Final Order - Page 2
. • • •
' "(c) Territory within a district may not be included within or annexed to another
, district subject to the same principal Act."
The Commission also considered its policies adopted under Administrative Procedures Act
(specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and
decisions and past direct and indirect instructions of the State Legislature in arriving at its decision.
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto.)
ORDER
On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary
Commission approved Boundary Change Proposal No. 3888 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: (c1 9 2~p BY: elman
C air
ATTEST:
Final Order - Page 3
! •
. Exhibit A
Proposal No. 3888
FINDINGS I
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 'I
evaluated at $166,770. ~
2. The property owners want to receive City services and develop one single family residence.
3. The Boundary Commission has three adopted policies. The first of these policies states that
the Commission generalty 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 Tigard 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 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 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
M0untain or the West Ti9ard CommunitY Plan. It amends only the maps of these
two community plans to aPPIY the functionallY e4uivalent 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
Final Order - Page 4
. • • •
Exhibit A
Proposal No. 3888
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 Plannin4 Area means the incorporated area and certain unincorporated areas
contiguous to the incorporated area for which the CITY conducts comprehensive planning
and seeks to regulate development activities to the greatest extent possible.....
2. The CITY shall be responsible for comprehensive planning within the Active Planning
Area.
3. The CITY is responsible for the preparation, adoption and amendment of the public facility
plan required by OAR 660-1 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 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 proposal are provided here:
Final Order - Page 5
• • •
Exhibit A
Proposal No. 3888
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.) tor any of the following services
that could be provided through such a district. The extension or improvement of the
following:
al 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 ordinance for this
Final Order - Page 6
• • •
. Exhibit A
. Proposal No. 3888
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
i 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..
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 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
Final Order - Page 7
. i
Exhibit A
~ Proposal No. 3888
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. 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 Tuaiatin 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 SW Carmen Street
as a Local Streex. It is Washington County's policy to retain jurisdiction over major colfectors
and arteriats, and to turn over jurisdiction of local streets to cities upon request after annex-
ation.
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 responsibi(ities 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 floodpla+n
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 Controi District. Tigard
is not a part of the District. Upon annexation, the territory wiii be automatically withdrawn
from the unfunded Washington County Vector Control District:
Final Order - Page 8
• • •
. Exhibit A
. Proposal No. 3888
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with City, County, and Regional planning for the area.
2. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR
193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-
015).
Final Order - Page 9
• • •
~ Exhibit B
. Proposal No. 3888
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
A tract of land situated in the Northwest one quarter of Section 3 Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows:
Beginning at the southwest corner of Lot 8, CARMEN PARK as recorded in Book 23, Page
23 of the Washington County Subdivision Records; thence N 00010'00" W a distance of
216.98 feet to the north right-of-way of SW Carmen Street; thence N 89 ° 50'00" E, atong
said right-of-way, a distance of 91.68 feet to the east boundary of said CARMEN PARK;
thence S 00037'00" E, along said boundary, a distance of 217.0 feet to the southeast
corner of said Lot 8; thence S 89050'00" W, along the south line of said Lot 8, a distance
of 88.72 feet to the Point of Beginning.
Final Order - Page 10
. ~
3888
. PROPOSAL NO.
2S 1 3BD
SE1 /4 NW1 /4 SECTION 3 T2S 81 W W•M•
Washington County ~
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PROPOSAL NOo 3888
CITY OF TIGARD
ANNEXATION
FIGURE 2
• ' • • ZC~7 yd'-6~3
o~... ~
June 22, 1998 CITY OF nGARD
OREGON
Annexations
Center for Population Research & Census '
Portland State University .
PO Box 751
Portland, OR 97207
RE: Annexation Fina1 Order Numbers 3875, 3886, 3887, 3888 and 3892
Enclosed please find questionnaires and completed census schedules for the above
referenced annexations.
Thank you,
Vivian Nunmo
Administrative Specialist I
enclosures
i:kwpln\vivien\anne)4suoover.doc i
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
. • •
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 O N N AI R E
City of County of L-ASY'~ i n,' T~L,~
Annexation Ordinance Number or Final Order Number o'D
Effective Date of Annexation maY 20, 1998
NOTE: Enumeration of annexations which involve 200 or more
housing units must be conducted under the supervision of the
Center for Population Research and Census to be certified.
Complete the following section if there are less than 200 housing
units in this annexation.
Attach completed confidential census schedules for all housing
units both vacant and occupied. There must be one sheet for each
inhabitable housing unit.
HOUSING UNITS AND POPULATION AT TIME OF ANNEXATION
TOTAL OCCUPIED VACANT PERSONS
UNITS IN SINGLE FAMILY
STRUCTURES 1 U 1 0
UNITS IN MULTIPLE FAMILY
STRUCTURES 0
MOBILE HOMES OR TR.AILERS 0
TOTAL POPULATION OF ANNEXED
AREA ^v DATE OF ENUMERATION c 98
ENUMERATED BY VivianiVimro POSITION Adninisti2tive Speciali.st I
TELEPHONE NUMBER (503)o"s3-4171 x 419
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)
725-5101. THANK YOU.
+ , • ZCA 98-0003
C ONFIDENTIAL
City of -MARD
Address 11760 51 Carmen Street
HOQSZNG TYPE TENIIRE
single Unit structure (x) owner occupied
Multiple Unit Structure Renter Occupied
Trailer or Mobile Home vacant (X)
RESIDENTS
Last :Jame rirst Name Sex Aqe
Respandent
_ 2.
3.
4.
5.
6.
7.
8.
9.
10.
Portland State University School of Urban and Public Affairs
' Center For Population Research and Census 725-3922
~GA q7 ~6D..3 •
COPY
CF T IGARD
DATE: June 3, 1998 GON
TO: 1NTERESTED 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/Passmor+e Wainut Street Annexation);
3888 (ZCA 98-0003 - Schmidtke Annexation);
3892 (ZCA 98-0004 - Gaarde Street/Olsen Heights Subdivision Annexation)
We have received the final or+der from the Portiand Metropotitan Area Local Govemment Boundary
Cammission 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 properhes are attached. Census informahon is as follaws:
Boundary Commission Fnal Order No. 3875:
. . . . . . . . . .
. . . . . . .
. . . . . . . . . . . .
01NNER(Sj:NAME AND:AODRESS: . SPECIFIC.PARCEt:DATA:
: : . . .
.
Linda and Richard Furman WCTM 2S110BA, Tax Lot 01700
11754 SW Gaarde Street 1-0CCUPIED Single-Family Residence
Tigard, OR 97224 Site Address: 11754 SW Gaarde SVeet
EsL Population: 2
der
Boundary Cammission Fnal Order No. 3886:
, . : . . , . . . . .
.
OWNER(S):NAME AND:AODRESS:: : SPECIFIC PARCEL.OATA: . ~ .
. . . . . . . .
. . . . . . .
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
Esi. Population: 0
Carol Williams WCTM 2S103AC, Tax Lot 02000
9155 SW Rambler Lane 1-VACAIVT Single-Family Residence
Portland, OR 97223 Site Addtess: 11300 SW Fonner Street
SR Tumer Canstrudion, 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: - - 7
~ ~ ~
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). NAMEAND ADORESS: PARCEL. DATA: ~
Donald Campbell WCTM 2S1038D, Tax Lot 02300
11760 SW Carmen Street 1-VACANT Single-Family Residence
Tigard, OR 97223 Site Addness: 11760 SW Cartnen Street
Esi. Population: 0
Boundary Commission Fnal Order No. 3892:
. .
. . :
~ . . .
. . .
:::::::OWNER(S) NAME ANO ADORESS:.;:;:`::::::::::::!:;:::::::;;;::::::;;::;SPECIFIC.PARCEL DATA
Janice Justice WCTM 2S11088, Tax Lot 00100
11920 SW Gaarcfe SUeet 1-0CCUPIED Single Family Residence
Tigard, OR 97224 Site Address: 11920 SW Gaarcfe Street . .
Fst. Population: 2
Ron and Wilma Lambert WCTM 2S11066, Tax Lot 00400
11910 SW Gaarde Street 1-0CCUPIED Single-Family Residence
Tigard, OR 97223 Sfte Address: 11910 SW Gaarde Street
Est. Population: 3
Four D ConsUudion WCTM 2S11088, Tax Lot 00300
P.O. Box 1577 VacaM lot, no address
Beavenon, OR 97075
WCTM 2S1106A, Tax Lot 02100
Vacarrt lat, no address
Robert and Kay Norin . WCTM 2S1106A, Tax Lot 07200 and 02300
11900 SW Gaarde Street 1-OCCUPIED Single-Family Residence
Tigard, OR 97224 Site Addre.ss: 11900 SW Gaarcle Street
Est. Population: 3
Pfease catl me if you have any questions canceming this information at (503) 639-4171.
Sincerely,
/~'ulia Powefl Hadjuk, Associate Planner
Community Development Department
L•~a~rpk~bivfanlanr~exlet.rnst
EnGosures
. • .
C(DID
City of Tigard
MEMORAHDUM S;g~~~~'~ort;~,
CITYOFTIGARD,OREGOH
TO: Chief of Police, City Engineer, Engineering Technician/Jurisdiction
Coordinator, Water/Accounting (Amanda Bewersdorff), Building Official,
Library Director, GIS Specialist, City Recorder, Operations Manager and DST
Supervisor
FROM: Vivian Nimvo, 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 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 attached. Census information is as follows:
Boundary Commission Final Order 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 t
• • •
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 2S103BD, 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 2S110B6, 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 2S1108 B, 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 Construction WCTM 2S1106B, 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 2S1106A, 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
Annentlon Memo - Page 3
CLACk:AMAS
MUTNOMAH • •
WASHINGTON
P.OR ' D ' ' O ' 1 ' :1 1►' 1 1
800 NE OREGON STREET tt 16 (SUITE 540) PORTLAND. OREGON 97232 PHOfVE: (503) 731-4083 FAX: (503) 731-8376
April 6,. 1998
Mark Roberts, Associate Planner
City of Tigard
13125 SW Hall BI.VD
Tigard OR 97223
Ref.•
Dear Mark:
The Boundary Commission Statute, ORS 199.410 to 199.534 authorizes posting of
Public Hearing Notices within the area(s) to be annexed .
In order to meet the requirements of ORS 199.463, they need to be posted by
Anrif 16, 1998.
Therefore, we wouid appreciate your cooperation in posting 3 copies of the enclosed
NOTICE OF HEARING and map. They should be placed in a manner reasonably
calculated to be observed by the public.
Also would you please send us an "AFFIDAVIT OF POSTING."
Thank you.
Kenneth S. Martin
Executive Officer
KSM/Imr
Enclosures
STAFF COMMISIONERS
KENNETH S. MARTIN, Executive Offcer RAY BARTEL, Chair ROBERT ENNINGA
DENIECE WON, Executive Assistant TOM WHI7'TAKER, Vice-Chair MAAILYNN HELZERMAN
ALISA BRODHAY, Planner 608 BOUNEFF SY KORNBRODT
LANA RULIEN, Administrative Assistant NATHALIE DARCY
. .
~
PROPOSAL N ■ 3888
2S 1 3BD _
SEl l4 NW 114 SECTION 3 T2S R1 W W'M'
ton County 5~¢EE~'~~~~` eax~~, a•
Washin9
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00. W4 Wo.~
42
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:4
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. SEL Map 25 1 Dc
T--
PROPOSAL N0~ 388$
CITY QF TIGARD
ANNEXATION
FIGURE 2
. •
PROPOSAL ■ 3888
SE1 /4 NW1 /4 SECTION 3 T2S R1 W W.M. 2S 1 36D
Washington County `
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~
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PROPOSAL N0, 3888
CITY OF TIGARD
ANNEXATION
FIGURE 2
- ~ !
•
3888
PROPOSAL NO.
2S 1 3BD
.
SE1/4 NW1/4 SECTION 3 T2S R1W W.M.
Washington County `
TRE~'C B~°• es~
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PROPOSAL NOo 3888
CITY OF TIGARD
ANNEXATIQN
FIGURE 2
PROPOSAL ■ 3888
SE1 i4 NW 114 SECTION 3 T2S R1 W W.M. 2S 1 3BD _
Washington County
I ~
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' SE= "P 25 1 3C
PROPOSAL N0, 3888
CTTY OF 7IGARD
ANNEXATION
FIGURE 2
~
CLACKAMAS
MULTNOMAH
WASI-IINGTON
1t ' 1 1
000 N[ Of1EGON STf1GET II iG (SUIT[ 540) f'OfiTl11NU, OFlEGON 972:72 1'I•ION[: 7;31-409:1
PUBL.IC
P4 mcmw) T I C E
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN THAT AT 7:00 PM ON THURSDAY, APRIL 30, 1998, IN ROOM 140
STATE OF OREGON BUILDING, 800 NE OREGON STREET, PORTLAND, OREGON, THERE SHALL
BE A PUBLIC HEARING BY AND BEFORE THE PORTLAND METROPOLITAN AREA LOCAL
GOVERNMENT BOUNDARY COMMISSION ON PROPOSALS, INCLUDING THE ONE LISTED BELOW.
INTERESTED PERSONS MAY APPEAR AND WILL BE GIVEN REASONABLE OPPORTUNITY TO BE
HEARD.
PROPOSAL N0. 3888 - ANNEXATION TO THE CITY OF TIGARD of territory located generaliy in the
W part of the City, on the S edge of SW Carmen St., W of SW 1 16th Ave., & E of SW 121 st Ave.;
more particularly TL 2300 SE 1/4 NW 1/4 Sec. 3, T2S R1 W, W:M., Wash. Co., OR.
, GENERAL INFORMATION, MAPS AND AN AGENDA MAY BE OBTAINED BY CALLING 731-4093.
APRIL 1, 1998 RAY BARTEL, CHAIRMAN
I
siAr-r- COMMISION[IiS
KENNETI-I S. MARl'IN, Executive Olficcr RAY DARTFL, Chair IiQFJl:lil' I:NNING%1
DENIECE WON, Executive Assislant TOM WHITTAI<CR, Vice-Chair MAItII,YNN I•I@L7l•RM/1N
ALISn DRODI-IAY, Plnnner 40F3 BOUNEFf• SY K011NRIlOpT
Ll1NA RUUEN, Achninislrativc Assislant NATHl1U[ UARCY
i !
-CC' OF TIGARD, OREGON •
~
RESOLUTION NO. 98-~
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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 hearing on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .35 acres and the entire adjoining public street right-of-way located at 11760
SW Carmen Street; 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 cunently 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.
M - City of Tigard
s "1.:
' . - ~-t, rt.,C G(] ' Certi$iec9 $o be a Tra~~ Copy og
ity Recorder - City of Tigard Orugina6 on fiIe ~-r(~
a -
Date ~ C9~ ~~~~rder - C68y ogTigard
Date: 3/13/116
RESOLUTION NO. 98- i:\cicywide\res\zca98-03.res
Page 1 of 1 mark_r JI I/98 2:52 PM
. OHMIDTKE ANNEXATION • EXHIBIT A
' (ZCA) 98-0003
ANNEXATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGAR.D, WASHINGTON COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 CARMEN PARK AS
RECORDED IN BOOK 23 PAGE 23 OF THE WASHINGTON COUNTY
SUBDIVISION RECORDS; THENCE N 00° 10' 00" W A DISTANCE OF 216.98
FEET TO THE NORTH RIGHT-OF-WAY OF SW. CARMEN STREET; THENCE N
890 50' 00" E, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 91.68 FEET TO
THE EAST BOUNDARY OF SAID CARMEN PARK; THENCE S 00° 37' 00" E,
ALONG SAID BOUNDARY, A DISTANCE OF 217.00 FEET TO THE SE. CORNER
OF SAIA LOT 8; THENCE S 89° 50' 00" W, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 88.72 FEET TO THE POINT OF BEGINNING.
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ORDINANCE NO. 98.0(0
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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) .35 acre parcel and adjoining public street right-of-way located at 11760 SW Carmen Street; 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 103BD, Tax Lot 02300
Current Comarehensive Plan Designation New Comarehensive 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 una41mVus vote of all Council members present after being read by number and title
only, this day of , 1998.
r'
✓Z..Q. ~
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this cu`'t day --2~ 1998.
icoli, ayor
Approved as to form• J
• ~
City Attorney
Date y / ~
I
ORDINANCE No. 98- i:kitywidebcd\zca98-03.ord
Page 1 of 1 Mark_r I I-Feb-98 2:57
z~/~ oro~ 1
- Agenda Item No.
~ Meeting of 3- a
TIGARD CITY COUNCIL
MEETING MINUTES - FEBRUARY 24, 1998
• STUDY SESSION
> 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 Park.
Mr. Wegner reviewed the three work tasks of the program: planting trees in pazks 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 azeas. He
explained that adding trees to the developed pazks 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 diversiry, 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 parks they would plant lazger 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 ni.unerous
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
1
was fairly standard, regardless 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 ced 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 staffazborist or
urban forest manager to handle the increasing number of natural azea and forested properties the
City was rapidly acquiring. He stated that while the City park 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 Parks & 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 Park
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
~ JanuazY 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 thece 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 shaze 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 tomonow but for the next generation.
Mayor Nicoli thanked Mr. 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 areas 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 King 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 Tigazd 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 Tigard. He said that Tigard provided them the information on the tax rate as requested, and King
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 Tigazd 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 Mark Roberts about the back street in that area that was included in the
Tigard street plan to provide needed connectivity 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/Wazemart property and wondered why it would not be required of Act III. She pointed
out that there was no connecting street on SW 72"d between Dartmouth and Hwy 99W to
provide a circulaz 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, Rohlf 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 regulazly
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
NIr. Duenas confirmed to Councilor Rohlf that the stop sign has slowed speeds on Main Street.
Councilor Rohif 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. Pu61ic 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 parchased 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 1215t to 135th.
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 earmazk TIF funds for the urban services azea.
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 Detiberation: 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 ILLUSTR.ATED 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.
OR.DINANCE 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 plan 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 pubtic 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 S W 121 st 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 TIGARD AS DESCRIBED
IN THE ATTACHED EXHIBIT A AND FURTHER ILLUSTR.ATED 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 Rohif, 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 Tigard 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 RecommendaNon
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
Resotution 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 Coucicil 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.
ORDINANCE 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 hear
contested cases for jurisdictional disputes only. He said that staff would keep the Council
updated as the procedures were rewritten.
Laurie Nicholson, Associate Ptanner, 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 30% 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 $11601oca1
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 attomeys 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 106`h 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 recendy 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 interested 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 101ots in this azea 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 concemed that they not be barred from using the program once they annexed
simply because they were recently annexed. He said that they understood that there were no
guarantees 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 larger 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 forward.
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 ResotuNon 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 REGAR.DING 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 standazds 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 clear 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 standazds 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 standards.
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 researched 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
pazking 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 selecdvely 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.
Nir. Hendryx recommended that the maintenance and costs of storm drainage systems in private
streets also be the responsibility of the developer and the future homeovmers 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 regazding 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 senes of slides illustrating pnvate streets m Tigard, 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 parking 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 concuned
with staff's 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
•
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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 meiitioned 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 argued that allowing
substandard development today only created problems for tomorrow.. He said that 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 concem 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 enor made on the initial
proposed assessment.
Motion 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
CORRECT 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. .
~ (~~hu,~-4t G~ -1-
Atte : Catherine Wheatley, City Recorder
6wor, City of Tigard
Date:
CITY COUNCIL MEETING MINUTES - FEBRUARY 24, 1998 - PAGE 16
I
. ; • •
PMALGBC FORM #6
BOUNDAR Y CHANGE DATA SHEET
1. FXISTING CONDITIONS IN AREA TO BE ANNEXED OR WITHDRAWN
- - ~ S a cve~<
A. Land Area: Acres :/.:r,' X i6s 99 or Square Miles
B. General descriprion of territory. (Include topographic features such as slopes,
vegetarion, drainage basiris, floodplain areas, which are pertinent to this proposal).
,
, o i d C.~s~•/~~:v ~~+'~,C /~`%Gc~ sGc.; l.!yi•i~,c.-~- ~r
.r'
G~72-7•~
C. Describe land uses on surrounding parcels. Use tax lots as reference points.
No rth: 6--
E3Si: ~ • ~
SOUih:
W eSi:
D. Existing Land Use: '
Number of single-family units ~ Number of multi-family units ,1~'~•v c~
Number commercial structures Number industrial structvres ~✓~~i=f=
Public facilities or other uses
What is the current use the land proposed to be annexed: E. Total current year Assessed Valuation S
F. Total existing population /1/oNc-'
--11--
Revised 11/93
H. REASON FOR BDUND.4RY CHANGE i
,
A. ORS 199.462 of the Boundary Commission Act states: "In order to carry out the
purposes described in ORS 199.410 when reviewing a boundary change..., a boundary
. commission shall. consider local comprehensive planning for the area, economic,
demographic, sociological.projections pertinent to the proposal, past and prospecrive
physical developments of land that would directly or indirectly be affected bv the
proposed boundary change..." Considering these points, glease provide the reasons the
proposed boundary change should be made. Please be very specific. Use addirional
. pages if necessary. (This information is often quoted in the Staff Report, so ba
thorough and complete.)
/ Ty -S-Y~-:.c1-7-4-2 n/"I
B. If the propecty to be served is entirely or substantially undeveloped, what are the plans
for future development? Be specific. Describe rype (residential, industrial, commercial,
etc.), density, etc.
7,~, /'.G'o'/•'/r/i2'
,
III. I..4ND USE AND PL.r1NrVING
A. Is the subject territory to be developed at this rime?
,
B. Generally describe the anticipated development (building types, facilities, numoer of
11I11 t5).
4?r?t S' i;~/-~//>E-%Y/,
C. Is the subject territory inside or outside of the vfetro Regional lirban Growth
Boundary?
12
Revised 11/93
i
. •
. ~
D. What is the applicable County Planning Designation?
or City Planning Designation Does the proposed development comply with applicable regional, counry or ciry
comprehensive plans? Please describe.
E. What is the zoning on the territory to be served?
fi7....'~r / G; .~Y~ i_..i ,G~~.~ /i~~i ~~n - ~.ytGn ~ c ~~/va /G ~•~j %G!'~ ~ r ~
~ ~T ~ / ✓
F. Can the proposed development be accomplished under current counry zoning?
❑ Yes o No
If No; --has a zone change been sought from the counry either formally or informally.
o Yes o No
Please describe outcome of zone change request if answer to previous questions was
Yes.
G. Is the proposed development comparible with the city's comprehensive land use plan for
the area? - o 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)
❑ City Planning Commission ❑ City Planninc, Staff
o Ciry Council ❑ City Manager
Please describe the reaction to the proposed development from the persons or agencies
indicated above.
c'-:
. ;
13
Revised 11193
' • ~
H. Please indicate all permits and/or aQprovals from a Ciry, Counry, or Regional
Government which will be needed for the proposed development. If already granted,
please indicate date of approval and identifying number:
APPROVAL PROJECT DATE OF FUTURE
FILE K APPROVAL REQUIRENMNT
Metro UGB Amendment
Ciry or County Plan Amendment
Pre-Applicarion Hearin; (Ciry or Counry)
PreIiminary Subdivision Approva!
Final Plat Approval Land Partition
Condirional Use
Variance
Sub-Surface Sewage Disposal
Building Permit Please submit copies of proceedings relaring to any of the above permits or approvals
which are pertinent to the annexarion.
I. If a ciry and/or county-sanctioned citizens' group exists in the area of the annexation,
please list iu name and address of a contact person.
IV. SERVICES A1VD UTILITIES
A. Please indicate the following:
1. Location and size of nearest water line which can serve the subject area.
s ilY (_6~ ~ wQ~"e~ ~.uQl ~ 1 t,
S(-(~ C~.,,,,~,~,~ S~vee~ c~v~~~►`f-l~, se~,,w_ s
-1 42
1 4--
Revised 11/93
. • ~
2. Locarion and size of nearest sewer line which can serve the subject area.
u,p- wa5 cpev~~o eeL
bou~~w as a p- -A e q wti.e.rs &~e-I
Su(oa~~~s.o+~ , .
3. Proximity of other facilities (storm drains, ire engine companies, etc.) which c..
serve the sutiject area PD4A-' - 0~~c4e 4e 1~~ t7b_
e_<s~-orw► ~rva~~aap ~l~j~~. -
4. The time at which services can be reasonably provided by the city or district.
U,o ~e~a►t eR aK KQxcd~at -t(42 app11c4IW'taIJ -Gcyecd S;autI tO ~4¢ S&-.
T--
5. ?he estimated cost of extending such facilities and/or services and what is to be
the method of financing. (Attach any supporcing documents.
Tq- ►S e-CN"ad~PJ 7~~5~¢We✓' ~~~t~ta~i Woul CoS~ar~je
~ !a, 000 fa # 114 o60
6. Availabiliry of the desired service from any other unit of local government.
(Please indicate the govemment.)
15
Revised 11/93
. ~ • '
B. If the territory described in the proposal is presently included within the boundazies of
any of the following types of govemmental uniu, please so indicate by stating the name
or names of the governmental units involved.
Ciry Taald Rural Fire Dist I ual,44 U4 ~F-%1x.6~~
Co~ry Serv~i~cte Di,st. Ves " 'f'.h ~ow~j Sanitary District i~ctiP
c 0.KlaOl OytPPs raaf-.-s I /
Hwy. Lighting Dist. ~ l~t Water District I; av~
Grade School Dist~ *,,d ua/.q1h :5e4ml Draina~e District tnott.~
0 til YIL
High School Disi. 7-7 v4 K.11A 5,"/ Diking District vi o r4 2
~ 1f i;cd~
Library Dist. Was1,JK4 oM Park & Rec. Dist. Tua[Ak
Special Road Dist. k J'a 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.
[!r Ctv ov~ ~ w a 5¢vv~~e. Yw~ ~
~f'(•c~~a,~ l.t~ar~'~v' ~1~1~1i1c~' IP~x,daufs w~~t~L+ `t~ Ca~r.aP~
u
S~Cb~~dt5/OK Qf~ ke~GcWr 52WQ,~ 6 Q u~b~l`G $.?.W'~ S ~h
APPLICANT'S N~~
MAILING ADDRESS
/
TELEPHONE N'UMBER G 6 13- (Work)
(Res. )
REPRESENTING Q o~Q~U 4 Ln) A/wAa
DarE: 1 L-gh F5, .
16
Revised 11/93
. ~ • PAIAL GB C FORM #1 S
I
PETITION FOR ANNEYt1T10N TO THE CITY OF OREGON
T0: The Council of the City of Oregon
We, the undersigned properry owners of and/or registered voters in the area described below,
hereby peririon for, and give our consent to, annexarion of the area to the Ciry of
I %/l %;I?,J . 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 3s prescribed by ORS 199.490(2).
?he properry to be annexed is described as follows:
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERID[AN,
CITY OF TIGARD, WASHINGTON COUiNTY, OREGON, DESCRIBED AS
FOLLOWS:
' BEGIiVNING AT THE SOUTHWEST CORNER OF LOT 3 CARMEN PARK AS
RECORDED IN BOOK 23 PAGE 23 OF THE WASHIiNGTON COLNTY
SUBDIVISION RECOR.DS; THENCE N 00° 10' 00" W A DISTANCE OF 216.98
FEET TO THE NORTH RIGHT-OF-WAY OF SW. CARIvIEN ST'REET; THENCE N
890 50' 00" E, ALONG SAID RlGHT-OF-WAY, A DISTANCE OF 91.68 FEET TO
THE EAST BOUNDARY OF SAID CARMEN PARK; THENCE S 00° 37' 00" E,
ALONG SAID BOUNDARY, A DISTANCE OF 217.00 FEET T'O THE SE. COR'NER
OF SAID LOT 8; THENCE S 89° 50' 00" W, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 88.72 FEET TO THE POINT OF BEGINNING.
17
Revised 11/93
NOTE: l his patiliuii srtuy Ln si(jnud !)y qualiliud parsons avne) IhuuUh lliey muy not know ihuit properly Jasaiplion or preclncl nwnber.
StGNATURE PRINTED NAME ( AM A;• ADDRESS PROPERTY 0 ESCRtPT10N PRECINCT X DATE
PO RV E LOT p 114 SEC. T R
Y~
~ ~.-~.c J ,d« ✓ SuJC~~ceti 23ao 3 -Z5
~
y' ~q ~i~ s. ~s cyYm lc c-
e5Y ✓'o✓P Q~C 471
' PO = Pruperty Owner
RV = IiuUisturo(l Vu1ur
UV = I)wnor Vulur
PMALGBC FORM n16
CERTIFIGiTION OF PROPERTY OWNERSHIP '
• (Double Majoriry Method)
I
I hereby certify that the attached petition for annexarion of the territory described therein to the Ciry
of TIGARD contains the names of the owners` of a majority of the land area of the
territory to be annexed, as shown on the last available complete assessment roil.
NAME
'I'ITLE Cartoqrapher II •
DEPARTiNT Assessment & Taxation
COUNI'Y OF Rashington :
DA'IE 1-9-98 * "Owner" means the owner of the titie to real property or the contract purchaser of real
propercy.
PAIAL GB C FORlW #I 7
CrRTIFIC4 TION OF REGISTERED YOTERS
I hereby c-emfy that the atcached petition for annexation of territory described he: ein to the City of
-.T;gagd contains the names oi at ie3st a majority oi tiie
electors registered in the temtory to be annexed. .
Cynthia Keene
TITL Sr. Administrative S ecialist
DEP..kR'ItiiEV'r Assessment & Taxation/Elections Div.
i ~1J COL~'IY OF Washington
DATE January 9, 1998
/ 18
Revised 11/93
~ •
PAIA LGBC FMI 94 CERTIFIC.4TION OF LEG.4L DESCRIPTION.4IVD 1L4P
I hereby certi "ry that the description or the propeny inctuded within the attached perition (located on '
Assessor's Map 2 S f 3 8D )
has bzen checked by me and it is a trve and exact descriprion of the properry under consideration,
and the description corresponds to the aaacned map indicating the propeny under conside:ation.
NAIME o,J
TITLE CAfZT062APHE~.
I DEPART~v'T A ss E s5 T { T,4 x,az-~ o,J
. , COGi1'I'Y OF _W/4SHr,vC~TO~
DATE g- 9 8
~
,
(
. ~
19
Revised 11193
P:ytAL GBC FORtit m19
(TRis fornr is iVOT the petition)
aLL O TY.VFRS OF PROPERTY ANDiQR REGISTERED VOTFRS l.NCL UDFD I.V BO UYDAR °
CH4JVGE ?ROPOSAL ~-i (To be campleted IF the proposal contains 10 or fewer land owners/registered voce:s. I
Plesse indicate tne name and address o[ all owne:sivoters regsrdless oc wnethe: they '
sig,ned an annexarion peririon or not) T'nis is for noafication purposes.
NAME Or O`L'tiFEI~VOTzR ADDR.SS PROPE2IY DESIGNATiON'
(Indicste tax lot, secrion numoer,
Townsnip and Ran;e)
~1~ _ ~'H? n- c•.• 1 n~/iX~ Cy~S r•r ;•ir'"L l 1! 1 C•1 > LQ 0 -25'lo3120 2360
~
~
~G ~.v i~ /L C i" i~-7~!~ ~r: ~~~•I ~ l~,~~~ ~ L'iAt•%'7"i z5(03 QIJ -2366
(41) '
l~)
=0
Zevised 11,'9;
~ •
P.MALGBC FOR1tiI 919 (continued)
(This Jorm is lYOT the petition)
aLL OWVERS OF PROPERTY AND/OR REGIS7'ERLD YOTERS INCLUDE'D I1V BOUIVDARY
CHANGE PROPOSAL ARE4 .
(To be compieted IF the proposal contains 10 or fewer land owners/registered voters. Plesse
indicate the name and address of all owners/voters regardless of wnether they si;ned an
annexarion petirion or not.) ?his is for norific3tion purposes.
N:~~LE OF OWNrERNOTER ADDRESS PROPERTY DESIGNATION
(Indicate tax lot, section number,
Township and Range)
~s)
(9) (l0) . '
~
31
Revised 11;93
. I
P:titA L GBC FORtit #30 ~
' Do CI'BtE XWoRrr( WoRx sxF-~ 1
Please Iisc all prooer;iesiregisZered votets included ir. the proooszl. (If needed, use sepatate sneet for
additional lisangs). .
PROPERTIES
Prope:ry Assessed Si"-. ed ?~:anon
Designarion vame ot Owne- Ac:es Value Yes I ~io
(Tax Lot =s)
~ J L~a/d ~ A/i►e9 C~bd/ I.3~j I~~~~`Z. ~l} I I I
S! 38 D -23
I I I I I
I
I ( I I I
(
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I I ( ( I
I
I I I ( I
I
I I I ( 1 I
I I I I ~i~
l i I I i I
I I i I I i
I
( I I~~ I I I
,
~ TOT.~S bqt
I ( , r►
Revised
1 ~~~93
• i PNIaLGBC FORIyt #20 (continued) ,
. REGISTERED vOTERs
ADDRESS OF REGTSTERED - • NANIE OF REGISTERED SIGNED PETITION
Voter Voter Yes f No
I
1 I I I
I I I I
I I I i
I i
I
{ I i i
I 1 1
' TOTAI.S
SLtiLtiL4RY
TOTAL VZ' i*.vIBER REGISTERED V OTERS Iv TH"c PROPOSAI. C~
NNUNfBER OF REGISTERED VOTERS WHO SIGLN-ED ~
PERCENI'AGE OF RcGiSTERED 'VOT=RS WHO SIGNED C)
TOT AL ACRE AGE Iv' PROPOSAL. --3 S a<</'P s ~:r.s 4(~ ~ a►u t~ ri ~.~"~OG-wo
ACREAGE SIGNED FOR
PERCENZ' AGE OF aCREAGE SIGvED FOR IOO~
33
R~vised 11: °3
N V'l-
. - • ~
CITY OF TIOARD I
Cammunity Development
Skaping A Better Community
CITY OF TIGARD
`INaski.ngton County, Oregon
NOTICE OF FINAL ORDER c* BYTNETIGARD CITY COUNCIL
case ►vumber(s): IONE CNANGE ANNEMATION QCA] 98-0003
Case Name(s): SCHMIDTKE ANNEIIATION
Name of Owner: Donald Camqbell
Applicant Information: Fred Schmidtke. Sr.
P.O. Box 250 Citv: Tiqard State: Oreqon Zip: 97281
Applicant's Rep. Info.: Mike Case Enterprises, Inc. Citv: Hillsboro State: Oregon Zip: 97123
Address of Property: 11760 SW Carmen Street Citv: Tiqard State: Oregon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S1036D, Tax Lot 02300.
Reauest: ➢ The applicant is requesting to annex .35 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, the proposed zone change is to City of Tigard R-4.5 from County R-5.
Action: ➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
O Owners of Record within the Required Distance 19 Affected Govemmental Agencies
• The Affected Citizen Involvement Team Facilitator 0 The Applicant and Owner(s)
Final Decision:*
THE DECISION WASSIGNED 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.
¢
f
ZCA 98-0003 SCHMIDTKE ANNEXATION NOTICE OF FINAL OHDER BY THE CITY COUNCIL
ZCH98-0003 • 0
SCHMIDTKE ANNEXATION Fred Schmidtke
P.O. Box 250
Forest Grove, OR 97116
Donald Campbell Mike Case Enterprises, Inc.
11760 SW Carmen Street P.O. Box 1575
Tigard, OR 97223 Hillsboro, OR 97123
~
• • I
j
AGENDA ITEM ` I
FOR AGENDA OF: February 24, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone ChanQe Annexation (ZCA) 98-0003 - Schmidtke Annexation
n ~
PREPARED BY: Mark Roberts `7/j.2~.~P DEPT HEAD OK ~ 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 .35 acres and adjoining public
street right-of-way located at 11760 SW Carmen Street?
STAFF RECOMMENDATION
Adopt the attached Resolution and forward the request for annexation to the Boundary Commission. Also to adopt
the attached Ordinance and 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 .35 acres that is
contiguous to the City of Tigard. The property is currently developed with a single-family residence. The
annexation has been requested to allow for future extension of sanitary sewer service to the property. The
applicant or future property owners may propose a future Minor Land Partition of the property that would require
sewer service. Annexation of the entire 50-foot-wide SW Carmen Street public street right-of-way in front of the
property has been included because the existing sanitary sewer line is five (5) feet north of the existing right-of-way
centerline, in accordance with standard engineering practice. 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 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 I'IEM SUMMARY i:\citywide\sum\zca98-03sum
Page 1 of I Mark_r 1 I-Feb-98 2:44PM
~ OF TIGARD, OREGON •
RESOLUTION NO. 98-
,
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGL
ANNEXATION (ZCA) 98-0003 - SCHMIDTKE ANNEXATION INTO THE CITY OF TIGARD AS
DESCRIBED IN THE ATTACHED "EXHIBIT A" AND FURTHER ILLUSTRATED IN "EYHIBIT B".
WHEREAS, the Ti~ard City Council held a public hearing on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .35 acres and the entire adjoining public street right-of-way located at 11760
SW Carmen Street; and
WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission Law
ORS 199.4 10 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 temtory proposed to be annexed; and
WHEREAS the ro ertwhich currentl lies within th
, p p y y e 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
RESOLUTION NO. 93- iAcitywidelres\zca98-03.res
Page I oF I mark_r JI 1/98 2:52 P\f
OHMIDTKE ANNEXATION • EXHIBIT A
(ZCA) 98-0003
ANNEXATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
' CITY OF TIGAR.D, WASHINGTON COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 CARMEN PARK AS
RECORDED IN BOOK 23 PAGE 23 OF THE WASHINGTON COUNTY
SUBDIVISION RECORDS; THENCE N 00° 10' 00" W A DISTANCE OF 216.98
FEET TO THE NORTH RIGHT-OF-WAY OF SW. CARMEN STREET; THENCE N
890 50' 00" E, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 91.68 FEET TO
THE EAST BOUNDARY OF SAID CARMEN PARK; THENCE S 00° 37' 00" E,
ALONG SAID BOUNDARY, A DISTANCE OF 217.00 FEET TO THE SE. CORNER
OF SAID LOT 8; THENCE S 89° 50' 00" W, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 88.72 FEET TO THE POINT OF BEGINNING.
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ICA 98-0003 '
~ EXH]BIT MAP ~ SCHMIDTKE ANNEIiAAT10N '
au~ a+~n uun
~Y OF TIGARD, OREGON ~ I
ORDINANCE NO. 98-_ '
AND CONCLUSIONS TO APPROVE A ZONE CHANGE I
AN ORDINANCE ADOPTING FINDINGS
(ZONE CHANGE ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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) .35 acre parcel and adjoining public street right-of-way located at 11760 SW Carmen Street; and
WHEREAS, on February 24, 1998 the Tigard City Council approved a Resolution to forward the proposed
annexation to the PoRland 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 annexation, the affected property shall be designated as follows:
Tax Map/Lot Number
2S 103BD, Tax Lot 02300
Current Comprehensive Plan Designation New Comprehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zonin-e 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
ORDfiNANCE N0. 98- i:\citvrnvide\ord\zca93-03.oni
Page 1 of l Maric_r I1-Feb•93 2:5;
. • • ~
. Agenda Item:
Hearing Date: Februarv 24,1998 7:30 PM
. -STAFF REPORT T0'TNE ~ .
` , • CITY COUNCIL CITY OF TIOARD
Commuruty Devtlopmmt .
FOR TNE CITY OF TfGARD,.OREGON, ShqpngA~~~ommudty
SECTION I. APPLICATION SUMMARY
CASE(S): FILE NAME: SCHMIDTKE ANNEXATION
Zone Change Annexation (ZCA) 98-0003
PROPOSAL: To annex one (1) parcel of .35 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 Schmidtke Sr. OWNER: Donald Campbell
P.O. Box 250 11760 SW Carmen Street
Forest Grove, OR 97116 Tigard, OR 97223
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: 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 Tigard Community Development Code Chapters 18.136 and
18.138.
SECTION Il. 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 COUNCII PAGE 1 OF 4
ZCA 98-0003 • SCHMIDTKE ANNEXATION 2124(98 PUBI.IC HEARING
• •
SECTION III. BACKGROUND INFORMATION i
Site Historv: I
The site has an existing single-family residence. The applicant approached the City with a ~
request to annex the property into the City of Tigard in order to connect to city sewer and
allow for a potential future Minor Land Partition of the property. No other development
applications were found to have been filed with the City for this property.
Vicinitv Information:
The site is bordered to the north, south and west by property outside of the city limits that
are zoned Washington County R-5. The property is bordered on the east and southeast by
land that is within the Tigard city limits. To the east the property is adjoined by the Hunter's
Glen Subdivision.
Site Information and Proposal Description:
The subject parcel is a lot that is within the Carmen Park Subdivision on SW Carmen Street.
There is an existing single-family dwelling on the site. The property owner has requested
annexation primarily to allow for future extension and connection to the existing sanitary
sewer system that was developed as part of the Hunter's Glen Subdivision. The "as built"
drawings for the Hunter's Glen Subdivision show the sewer line to have been developed five
(5) feet north of the street centerline. For this reason, the annexation proposes to include
the entire right•of-way width of SW Carmen Street along the frontage of the subject property.
The applicant has requested annexation into the City of Tigard of the .35 acre site 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. Adequate services are available and may be extended to accommodate the
affected property.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0003 - SCHMIDTKE ANNEXATION 2/24/98 PUBLIC HEARING
, • •
PolicV 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjoined to the east and south east 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 objection. 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 properry.
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 nearby property owners
that adjoin or would adjoin the revised City Limits and have sent the necessary forms in the
event they wish to modify the annexation. If they chose to annex and if Council supports
their annexations, the resolution and ordinance will be amended to include these additional
properties through a separate action.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0003 - SCHMIDTKE ANNEXATION 2/24/98 PUBLIC HEARING
. • ,
SECTION VI. AGENCY COMMENTS
The Tualatin Valley Fire and Rescue District, PGE, NW Natural Gas and GTE have also
reviewed the proposal and have no objections.
BASED ON THE FINDINGS INDICATED':ABOV.E, ,l
PLANNING STAFF RECOMMENDS APPROVAL"OF
ZONE CHANGE ANNEXATION-(ZCA) 98-0003 -SCHMIDTKE ANNEXATION. .
lx~ /4~~ - Februarv 11, 1998
PREPARED BY: Mark Roberts DATE
Associate Planner
Februarv 11, 1998
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:\curplnUnark_r\annex\zca98-03.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0003 - SCHMIDTKE ANNEXATION 2/24/98 PUBLIC HEARING
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~ OE06RAPHIC INFORYATION SYSTEM
. VICINITY MAP
ZCA 98-0OQ3
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PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-
up sheet(s). if no sheet is available, ask to be recognized by the Mayor at the beginning of that
agenda item. Visitor's 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 .m. to si n in on the i
test mon si n-in sheet. Business aqenda items can be heard in an
i p 9 Y 9 v
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 meetin9. Please call 639-4171, Ext.
309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deafl.
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
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 listed above: 639-4171, x309 (voice) or
684-2772 (TDD - Telecommunications Devices for the Deaf).
' SEE ATTACHED AGENDA
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 1
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
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 potential 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 Call
1.3 Pledge of Allegiance
1.4 Council Communications/Liaison 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 Transportation (ODOT) -
Resolution No. 98-
• Consent Aqenda -/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 those items
which do not need discussion.
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 2
4 CALL FOR PUBLIC INPUT: STOP SIGNS AT SW BURNHAM STREET AND SW MAIN
STREET
• Staff Report: City Engineering Department
• Public Testimony
• Council Questions/Comments
• Council Motion: Approving the installation as a permanent one; or, calling for the
removal of the installation.
5. PUBLIC HEARING (QUASI-IUDICIAL) - 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 Street; WCTM 2S103AC, Tax Lot 02000 and 11370
SW Fonner Street, WCTM 2S103AC, Tax Lot 2101.
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. Declarations 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-
6. PUBLIC HEARING (QUASI-IUDICIAL) - FISHER/PASSMORE WALNUT STREET
ANNEXATION - ZCA 98-0002
A request to annex one parcel of .92 acres 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: 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. Declarations 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-
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 3
.
~ 0
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, R4.5.
LOCATIONS: 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 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 Public Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
8. REVIEW 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 POLICY ALLOWING PRIVATE STREETS AND RESPONSIBILITY
FOR MAINTENANCE OF PRIVATE STREETS.
• 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 allowed
to attend this session, but must not disclose any information discussed during this
session.
12. ADJOURNMENT
a:98transfer:agendap
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 4
• .
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City of Tigazd
TIGARD PLANNING COMMISSION Communtty Dcvdojnncnt
FEBRUARY 23, 1998 - 7:30 P.M. StiaylneA BttttrCommunity
TIGARD CIVIC CENTER - TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
1. CALL TO ORDER
2. ROLL CALL
3. PLANNING COMMISSION COMMUNICATIONS
4. APPROVE MINUTES
5. PUBLIC HEARINGS
5.1 APPEAL OF SITE DEVELOPMENT REVIEW (SDR) 97-0011 SCHOLL'S VILLAGE TOWNHOMES
On January 8, 1998, the Director issued a decision approving, subject to conditions, a request to
develop 75 townhouse units and a community recreation building. An appeal was filed concerning
this application on January 20, 1998. The basis for the appeal is that the Director did not make
findings associated with the extension of a local street through the property and expected
average daily trips that SW Tallwood Drive would accommodate. ZONE:. Residential, 25 units
per acre; R-25. The R-25 zoning district is to provide for single-family attached, low and medium rise,
multi-family residential units for medium to high density residential development. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.108 and 18.164.
5.2 REVIEW OF A PREVIOUSLY ISSUED DIRECTOR'S INTERPRETATION TO CONSIDER REVOKING
OR MODIFYING A NON-CONFORMING COMMERCIAL USE ON RESIDENTIALLY ZONED
PROPERTY
Based on new evidence submitted by neighboring property owners, the Director has requested that the
Planning Commission revoke or modify a portion of a previously issued Directors Interpretation
concerning a non-conforming commercial use on residentially zoned property. LOCATION: 11655
SW Pacific Highway; WCTM 1 S136CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA:
Community Development Code Section 18.12, 18.32, 18.54 and 18.132. ZONE: Multiple-Family
Residential, 12 units per acre; R-12. The purpose of the R-12 zoning district is to provide for single-
family attached and multiple-family residential units for medium density residential developments.
6. OTHER BUSINESS
7. ADJOURNMENT
• 0
ANNEXATION PROCESS CHECKLIST
117h 0 S~l (A0vVn
,
I File name .5edM",#kz
File number 7-cq 9 A - ova ~
--"""Talk with applicant about property and site. Confirm that annexation is possible for this
property
,""'Applicant submits City Annexation form and Boundary Commission form
~ ~ ~
Enter application into current Docket book and Tide ark
G; v c/1~o~g ~ F'.~ Ao 1~Io~~ h1~s ~A A('e4 / s~
~Reviewed BC fom for completeness, filled in form #16 as much as possible
~ Send copies of form #16 to Greg Barry hem for complete sections
on sewer and water
/.i..e
✓ Send legal description to En neering to have them check -
F:~ 7
i.,~ Schedule City Council public hearing date - (Approximately 6 to 8 weeks from the date
it is entered into the Docket) .c,~ a y
t-~Prepare "proposal" for mail-out and ad to paper. `
~e,fa,V-~-4,A% oI¢%
r~ Give information to Patty so she can prepare for ad. Must completed by
7
~ Contact Finance to have check cut for Boundary Commission fee if site is in Active
Planning Area - lC ,~'~')15 lf22,5 Tv()a fodo, 109
_ZPrepare Resolution and Ordinance ~
-Izprepare Staff report
Due to Admin *12 days prior to CC
Due to Patty and Dick 1 week prior to packet due date.
Packet due date: Due for review by Dick and Patty: a l I
V
Pre are exhibits for Council presentation
Council approves Resolution and Ordinance
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.
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poRairting. rifuateC in tha Countr ol Vashington and S/ste o/ Ore4on. dexerrb.d es /n/lows, te•+it:
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'I as recordad SeQtembnt 25, 1964 tn Book 524, page TS, uashingtoe► County . .
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~I 18, 1964 in Hook 531, page 91, Washington Councy Records; Restrlctiv
Covenent reRardlnR underground virinq •s recerded Aprtl 27, 1970 tn 6ook
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IN 778, pag• 147. WashtnRton CouncY Records.
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PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-
up sheet(s). If 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 o.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) or 684-2772 (TDD - Teiecommunications Devices for the Deafl.
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
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 listed above: 639-4171, x309 (voice) or
684-2772 (TDD - Telecommunications Devices for the Deao.
. SEE ATTACHED AGENDA
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 1
• • ,
-
AGENDA
TIGARD CITY COUNCII BtlSINESS MEETING
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
potential annexation.
> EXECUTIVE SESSION: The Tigard City Councit 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 atlowed to attend this sessian, 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 Roil Cali
1.3 Pfedge of Allegiance
1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda ttems
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 Transportation (000T) -
Resolution No. 98-
• Consent Aqenda - Items Removed for Seoarate Discussion: Any items
requested to be removed from the Consent Agenda for separaie discussion
will be considered immediafe/y after the Council has voted on ihose items
which do not need discussion.
COUNCtL AGENDA - FEBRUARY 24, 1998 - PAGE 2
• •
4 CALL FOR PUBLIC INPUT: STOP SIGNS AT SW SURNHAM STREET AND SW MAIN
S7REET
• Staff Report: City Engineering Department
• Public Testimony
• Council Questions/Comments
• Council Motion: Approving the installation as a permanent one; or, calling for the
removal of the installation.
5. PUBLIC HEARING (QUASt-lUD{CIAL) - F{SHER/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 l.ot 02000 and 11370
SW Fonner Street, WCTM 2S103AC, Tax Lot 2101.
APPLtCABIE REVIEW CR1TERfA: Tigard Comprehensive Ptan 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 fluestions
f. C1ose Public Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
6. PUBLIC HEARING (QUASkIUDIClAL) - FISHER/PASSMORE WALNUT STREET
ANNEXATION - ZCA 98-0002
A request to annex one parcef 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 7igard Community Development Code Chapters 18.136 and
18.138.
a. Open Public Hearing
b. Dectarations or Chafienges
c. Staff Report: Community Development Department
d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal)
, e. Council Questions
~ Close Public Hearin
f. g
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
fand 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: 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 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 Public Hearing
g. Staff Recommendation
h. Council Consideration:Ordinance No. 98-
Resolution No. 98-
8. REV{EW 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 POLICY ALLOWING PRIVATE STREETS AND RESPONSIBILITY
FOR MAINTENANCE OF PRIVATE STREETS.
• 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, a11
discussions within this session are confidential; therefore nothing from this meeting
may be disclosed by those present. Representatives of the news media are altowed
to attend this session, but must not disclose any infortnation discussed during this
session.
12. ADJOURNMENT
a:98transfer:agendap
COUNCIL AGENDA - FEBRUARY 24, 1998 - PAGE 4
~
4 ~ •
AGENDA ITEM
FOR AGENDA OF: Februarv 24, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSLTE/AGENDA TITLE Zone Change Annexation (ZCA) 98-0003 - Schmidtke Annexation
PREPARED BY: Mark Roberts '7W46k DEPT HEAD OK O`J CITY 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 .35 acres and adjoining public
street right-of-way located at 11760 SW Carmen Street?
STAFF RECOMMENDATION
Adopt the attached Resolution and forward the request for annexation to the Boundary Commission. Also to adopt
the attached Ordinance and 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) parcei of land totaling .35 acres that is
contiguous to the City of Tigazd. The property is currently developed with a single-family residence. The
annexation has been requested to allow for future extension of sanitary sewer service to the property. The
applicant or future property owners may propose a future Minor Land Partition of the property that would require
sewer service. Annexation of the entire 50-foot-wide SW Carmen Street public street right-of-way in front of the
property has been included because the existing sanitary sewer line is five (5) feet north of the existing right-of-way
centerline, in accordance with standard engineering practice. 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
i
' 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 1'IEM SUMMARY i:\citywide\sum\zca98-03.sum
Page 1 of 1 Mark r I I-Feb-98 2:44P;w
IRTY OF TIGARD, OREGON •
RESOLUTION NO. 98-
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFEREED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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 hearing on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .35 acres and the entire adjoining public street right-of-way located at 11760
SW Carmen Street; 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 tetritory 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 ceRified 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
RESOLUTION NO. 98- iAcitvwidelres\zca98-03.rcs
Page 1 of I mark_r JI I/98 2:52 PM
•SCHMIDTKE ANNEXATION • EXHIBIT A
(ZCA) 98-0003
ANNEXATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 CARMEN PARK AS
RECORDED IN BOOK 23 PAGE 23 OF THE WASHINGTON COUNTY
SUBDIVISION RECORDS; THENCE N 00° 10' 00" W A DISTANCE OF 216.98
FEET TO THE NORTH RIGHT-OF-WAY OF SW. CARMEN STREET; THENCE N
89° 50' 00" E, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 91.68 FEET TO
THE EAST BOUNDARY OF SAID CARMEN PA.RK; THENCE S 00° 37' 00" E,
ALONG SAID BOUNDARY, A DISTANCE OF 217.00 FEET TO THE SE. CORNER
OF SAID LOT 8; THENCE S 89° 50' 00" W, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 88.72 FEET TO THE POINT OF BEGINNING.
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SITI PLAN
ICA 98-0003 ~
~ E-X-H- I BIT MAP N SEHMIDTKE ANNDiAT10N ~
aur a Nrt» seuM
~TY OF TIGARD, OREGON •
ORDINANCE NO. 98-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
I (ZONE CHANGE ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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) .35 acre parcel and adjoining public street right-of-way located at 11760 SW Carmen Street; and
WHEREAS, on February 24, 1998 the Tigazd 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 Tigazd'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 103BD, Tax Lot 02300
Current Comprehensive Plan Designation New Comurehensive 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, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 98- i:\citywide\oni\zca98-03.ord
Page l of 1 Ntaric r 11-Feb-98 2:57
, • •
Agenda Item:
Hearing Date: Februarv 24.1998 7:30 PM
. . - ' STAFF REPORT TO TNU ' . . . . . IITYCOUNCIL : , • , cm oF nonRo
. - . , . . . ,fOR-.TNE~CIT~1( OF TIGARD;:OREGON.~P ~
SECTION I. APPLICATION SUMMARY
CASE(S): FILE NAME: SCHMIDTKE ANNEXATION
Zone Change Annexation (ZCA) 98-0003
PROPOSAL: To annex one (1) parcel of .35 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 Schmidtke Sr. OWNER: Donald Campbell
P.O. Box 250 11760 SW Carmen Street
Forest Grove, OR 97116 Tigard, OR 97223
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: 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 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 COUNCII PAGE 1 OF 4
ZCA 98-0003 - SCHMIDTKE ANNEXATION 2/24/98 PUBLIC HEARING
. , • •
SECTION III. BACKGROUND INFORMATION
Site Historv:
The site has an existing single-family residence. The applicant approached the City with a
request to annex the property into the City of Tigard in order to connect to city sewer and
allow for a potential future Minor Land Partition of the property. No other development
applications were found to have been filed with the City for this property.
Vicinitv Information:
The site is bordered to the north, south and west by property outside of the city limits that
are zoned Washington County R-5. The property is bordered on the east and southeast by
land that is within the Tigard city limits. To the east the property is adjoined by the Hunter's
Glen Subdivision.
Site Information and Proqosal Description:
The subject parcel is a lot that is within the Carmen Park Subdivision on SW Carmen Street.
There is an existing single-family dwelling on the site. The property owner has requested
annexation primarily to allow for future extension and connection to the existing sanitary
sewer system that was developed as part of the Hunter's Glen Subdivision. The "as built"
drawings for the Huntees Glen Subdivision show the sewer line to have been developed five
(5) feet north of the street centerline. For this reason, the annexation proposes to include
the entire right-of-way width of SW Carmen Street along the frontage of the subject property.
The applicant has requested annexation into the City of Tigard of the .35 acre site 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°/a) 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.
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. Adequate services are available and may be extended to accommodate the
affected property.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4
ZCA 98-0003 - SCHMIDTKE ANNEXATION 2/24/98 PUBLIC HEARING
, . • •
Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjoined to the east and south east 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 objection. The affected land is I
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 nearby property owners
that adjoin or would adjoin the revised City Limits and have sent the necessary forms in the
event they wish to modify the annexation. If they chose to annex and if Council supports
their annexations, the resolution and ordinance will be amended to include these additional
properties through a separate action.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 98-0003 - SCHMIOTKE ANNEXATION 2/24l98 PUBLIC HEARING
. • • •
SECTION VI. AGENCY COMMENTS
The Tualatin Valley Fire and Rescue District, PGE, NW Natural Gas and GTE have also I
reviewed the proposal and have no objections. '
• ~ : ` BASEUON THE "FINDINGS INDICATED ABOVE, ; ° i
PLANNING STAFF RECOMMENDS.APPROVAL OF '
ZONE CHANGE ANNEXATION (ZCA) 98-0003 SCHMIDTKE ANNEXATION.
4~ - Februarv 11, 1998
PREPARED BY: Mark Roberts DATE
Associate Planner
- ~
-~==-~G~~. e,•~ _ February 11, 1998
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:\curplnUnark_Mnnex\zca98-03.dec
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4
ZCA 98-0003 - SCHMIDTKE ANNEXATION 2/24/98 PUBLIC HEARING
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ANNEXATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 CARMEN PARK AS
RECORDED IN BOOK 23 PAGE 23 OF THE WASHINGTON COUNTY
SUBDIVISION RECOR.DS; THENCE N 00° 10' 00" W A DISTANCE OF 216.98
FEET TO THE NORTH RIGHT-OF-WAY OF SW. CARMEN STREET; THENCE N
89° 50' 00" E, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 91.68 FEET TO
THE EAST BOUNDARY OF SAID CARMEN PARK; THENCE S 00° 37' 00" E,
ALONG SAID BOUNDARY, A DISTANCE OF 217.00 FEET TO THE SE. CORNER
OF SAID LOT 8; THENCE S 89° 50' 00" W, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 88.72 FEET TO THE POINT OF BEGINNING.
i. cnwjohnrM23003bJ doc
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,
. CITY OF TIGARD
,January 21,1998 OREGON
Oscar and Deloris Cfark
11800 SW Carmen Drive
Tigard, OR 97223
RE: Annexation of property at 11760 SW Carmen Drive
Reference file number: ZCA 98-0003
Dear Mr. and Mrs. C1ark:
The City of Tigard is processing an annexation request for your neighbor
at 11760 SW Carmen Drive. As part of our standard processing of
annexations we are asking if you would be interested in having your
property at 11800 SW Carmen Drive 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. lf you have questions regarding this letter or the above mentioned
annexation, please feel free to contact me at 639-4171 x407.
Sincerely,
05, 14
Julia Powell Hajduk
Associate Planner
i:\curp1nUu1ia\98-03-01.doc
c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0003 land use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
• ~
January 20, 1998
CITY OF TIGARD
Nobuo Sharon Le Kawasaki OREGON '
5750 Hiilcrest Drive
Port Orchard, WA 98366
RE: Annexation of property at 11760 SW Carmen Drive
Reference file number: ZCA 98-0003
Dear Property Owner:
The City of Tigard is processing an annexation request for your neighbor
at 11760 SW Carmen Drive. As part of our standard processing of
annexations we are asking if you would be interested in having your
property identified as Assessor's Map number 2S10413D-04000 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,
Julia PZ
owell Hajduk
Associate Planner
i:\curp1nju11a\98-03-02.doc
I c: Jim Wolf, Tigard Police Department
1997 Planning correspondence file
ZCA 98-0003 land use file
,i
'I
2772
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-
. ~ •
REQUEST FUMMENTS CITY OF TIOARD
Community ~Development
AN 3 01998 S(apingABetterCommunity
DATE: lanuar1120,1998 J
CITY OF TIGARD
T0: Brlan Rager, COT Engineeflno Deaarenent
FROM: Ciql of ii9ard Planning Diuislon STAFF CONTACT: William-D'Andrea: Assoclate Planner
Phone: [5031689-4171 Fax: (5051684-1291
IONE CNAN6E ANNE1(ATION QCAI 98-0003
SCNMIDTKE ANNEIIATION Q
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S1036D, Tax
Lot 02300. 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, Viclniql Map and ApplicanYS Stetemetlt 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: [F'RIDAY - IANUARY 30,1998]. You may use the space provided below or
attach a separate letter to return your comments. If You ere u118b1e t0 reSp011d bY tf18 8b0Ye d8te, 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 ECK THE FOLLOWING ITEMS THAT APPLY:
L,Z _ 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:
(Tlease prmide the following infornrarion) Name of Person[sl Commenting:
Phone Num6er[sl:
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAL/REQUEST FOR COMMENTS
, • • ~
I
REQUEST FOR COMMENTS CIn oF TIoARo
Community ~DeveCopment
ShapingA ~Better Community
DATE: IanuarY 20,1998 AECEnVEp pLAMNING
T0: lim Wolf, COT Police Department ~AN 28 1998
FROM: City of ~9ard Plannln9 Dlu~sion STAFF O~Mff UT~GARD Associate Planner
Phone: 15031659-4111 fax: 15031664-1297
ZONE CHAN6E ANNEKAflON QCAI 98-0003
➢ SCHMIDTKE ANNEIlATION Q
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S10313D, Tax
Lot 02300. 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 Pletl, Yiclnitl Map and ApplicanYS StetCmCtlt 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 Y01181'8 0118b1e t01'eSpOtld b]I tl18 ed0ue 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 TNAT 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:
keA eme< cpqct5
ad%,{r~ce.n\ PloW31i5 Stiw~~ bk olikeAed gekcr 4tM Gnvvcy.
(,pleare prtrvide tke foffomng infomtion) Name of Person(s) Commentlng:
Phone Number[sl: ~~fi• ~I e~ x 2.ab
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
. ~
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REQUEST FOR COMMENTS CITY OF TIOARD
Community DeucCopmcnt
RECEIVED PLANNING S(:apingA Better Cominunity
DATE: lanuary 20,1998 •
T0: BMan Moore, Portland 6eneral Elecaic JAN 2 6 1998
CISl( OF TIGARD
FROM: Chy of lgard Planning Diulsion STAFF CONTACT: Wililam D'Andrea, Assoclate Planner
Phone: 15031639-4111 Fax: [5051684-7291
lONE CHAN6E ANNEXATION QCAI 98-0003
➢ SCHMIDTKE ANNEMATION Q
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S103BD, Tax
Lot 02300. 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, Victnily Map and AppltcanYS SIetCIllCllt 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 u08ble to respond bY the aboue 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:
((Preasee thefo&nvi,ginformation) Name of Person[s) Commendng:
Phone NumbeNsl: '5;;l v - 440~
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~ • •
REQUEST FOR COMMENTS CITY OF TIOARD
RECEIVED PLANNIN~Communiry ~Development
S apingABetterCoinmunity
DATE: lanuarY 20.1998 JAN 2
3 1998
T0: lohn Roy, COT Operatlons Deparunent CITY OF TIGARD
FROM: CitY of Tigard Planning Dluision rTWCONTACT. Wiiliam D'Andrea. Assoclate Planner
Phone: (50316594111 Fax: [50516841291
IONE CNAN6E ANNEKATION QCAI 98-0003
➢ SCNMIDTKE AHNEIlATION Q ~
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S10313D, Tax
Lot 02300. 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, Viclnity Map and ApplicanYS StetC111811t 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 You ere u118b1e t01'eSpOnd bY tl18 eboue 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.
PL E CNECK 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:
1 l
,
(~Please provide tke folCawing infornrarion) Name of Person[sl Commentlng:
Phone NumbeHs):
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~ • •
~ REQUEST FOR COMMENTS CITY OF TIOARD
RECENED PLANNING Community 0cvelopment
SFiapingA Oetter Community
DATE: lanuar1I20,1998 JAN 2 9 1998
T0: Michael Miller, COT Water Depamnnent CITy OF TIGARD
FAOM: Cily of Tigard Planning Diulslon STAFf CONTACT: Wililam D'Andrea, Assoclate Planner
Phone: [5031639-4f11 Fax: [50316841291
ZONE CHAN6E ANNIXAflON QCAI 98-0003
➢ SCHMIDTKE ANNEIIATION Q
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S10313D, Tax
Lot 02300. 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 S(t8 PIBD, Yiclnity Map and AppllcanYS St8tC111Cl1t 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. Ifyou el'e 11118b1e t0 I'esp011d b]I tl18 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 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:
!SA lM 15 4e,
~Please prtrvi~fe tFie foanving infomtian) Name of Person(s) Commentlng:
Phone NumbeHsl:
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
odr~
~
~~:~,REQUEST FOR COMMENTS CITYOFTIGARD
Community ~DeveCopment
DATE: ! .~1998~-ShapingA Better Community
T0: lulia Nuffman, Unified Sewerage A9ency
FROM: Cily of Tigard Planning Diuision STAFF CONTACT: William D'Andrea, Assoclate Planner
Phone: (5031659-4111 fax: (50816847297
IONE CHAN6E ANNEXATION [lCAI 98-0003
SCNMIDTKE ANNEXATION Q
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S1036D, Tax
Lot 02300. 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, YlclniPl Map and Applicant'S SI8tC111Cl1t 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. Ifyou are uneble to respond bY the eboue 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 TNAT APPLY:
~ We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
_ Written comments provided below:
(Please provide tke foll"awing infornration) Name of Person(s) Commentlng:
,,,-A,
Phone Number[sl: C~k s - V) g
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
CITY OF TIOARD
Community NeveCopment
Ska ingA Better Commurii
E:`E:E:>::::>::»»»»>: `»»»»»>:>::'r'r : ~
~~!1
:
120 DAYS= N/A
FILE NO(S): ZONE CNANGE AHNEXATION [ICAI 98-0003
FILE TITLE: SCNMIDTKE ANNEI(ATION
APPLICANT: Fred Schmidtke Sr. OWNERS: Donald Campbell
PO Box 250 11760 SW Carmen Street
Forest Grove, OR 97116 Tigard, OR 97223
(503) 357-6615 (503)
APPLICANTS
REPRESENTATIVE:Mike Case Enterprises, Inc.
PO Box 1575
Hillsboro, OR 97123
(503) 640-8036 (mobile) 349-4667
REQUEST: The applicant is requesting to annex .35 acres of property into the City of Tigard
and change the zoning from County R-5 to City of Tigard R-4.5.
<
LOCATION: 11760 SW Carmen Drive; WCTM 2S103BD, Tax Lot 02300.
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: 1:30 PM
X CITY COUNCIL DATE OF HEARING: 2/24/98 TIME: 1:50 PM
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP I( LANDSCAPE PLAN NARRATIVE SITE PLAN X TREE PLAN
ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER
STAFF CONTACT: William D'Andrea, Associate Planner (503) 639-4171 Ext. 315
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
~ .
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ZONE CHANGE ANNEXATIQN
APPLICATlQN
ClTY OF TiGARD 13125 SW Hall Blvd., rgard, OR 97223 (503) 639-4171 FAX (503) 684-7297
PRE-APP. HELO WITH:
DATE OF PRE-APP.:
GENERAL INFORMATION
~ FOR STAFF USE ONCY
Properry Address/Location(s): //760
29 7
~ ~Sl 03 B17 - oa3 00 Case No.(s): "-Vg °QOv 3
Tax Map & Tax Lot #(s): Other Case: No.(s)::~ ~
ReceiptNo:: ::i~``,~~'.>~ . . .
. .
:
Site Size: , - .3 y? APPlicatioiiAccepted. By:. ' I %~9
~f / Si 9 5, ~ B
Property Owner/Deed Hoider(s)':1)bdv~~ ,46bbiA ~.~rjiD9~r~ ~::.Date:. <:>,.<:.~::~~:;( .~~~1~.~.•,~.~:..~.. .
Address: S'GV '6~e+/ Phone:
Date Determined: To. Be-:Complete::..
.
.
Ciry:
ARON SCHMIDTK ~ ' .
Applicant': Comp PIaNZone Designation:
Address: ,zzlfe~_ Phone:35' 7 6~✓.~-
: . : . .
Ciry: Zip: ~rl`l//a
~..C1T Area: : , .
~y ~;s~N ~ .s~_~~,J~1~.~ ~ . ~ .
' When the owner and ~fhe appli~t are differeM people, the applicant Re'. V.M V'a"V"vna3t°"wa'°0`
must be the purchaser of record or a lessee in passession 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 gEQIlIRED SUBMITTAL ELEMENTS 4
provided on the back of this form or submit a written authorization with
!
this applic2tion. ~
• Application Efements Submitted: ~
PROPOSAL SUMMARY er-_A ;
pplica.tion Form ~
~
I The owners of record of the subject property request a Zone Change L7 Completed Boundary Commission forms!
'
I Annexation from Washington County to Tgard for"Doub4e Majority" Annexation
Y r c/ -,E- fie,,hAPapplicable) and a Zone Change from Washington i211"OWners SignatureMlritten Authorization i
Counry to Tgard ❑ itle Transfer Insirument or Deed ~
Site/Plot Plan
11011ex of ceQies based on pre-app chec.k list) ~
I
(provide any additional infortnation here)
~ Q~Site/Plot Plan (reduced 81l:"X 11") i
~ 2,""ApplicanYs Siatement ~
~ of capies based on pre-app check list) i
Filing Fee 51,160.00 (
~
1
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APPI.ICANTS:
To consider an app{ication complete, you wili need to submit ALL of the BEQUIRED SUBMITTAL ELEMENTS as 'i
described on the front ot this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Infortnadon sheets can be obbined, upon request, for all rypes of Land Use Applications.)
THE APPl1CANT(S) SHALL CERTIFY THaT:
• The above reauest does not violate any deed restrictionc that may be attachpd to or imoosed uoon the subiect
QC4R~.tSX.
* If the applicaticn is granted, the applicant will exercise the rights granted in accardance with the tertns and subject to all ~
the canditions and limitations of the approval. i
• All of the above statements and the statements in the piot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is fcund that
any such statements are false.
• T'he applicant has read the entire contents of the appliqtian, including the policies and critena, and understands the
requirements for approving or denying the appliption.
SIGNATURES of sach owner of the subject property. •
DATED this day of
/ .
0 ner's Signature Owner's Signature
~
Owner's Signature ~ Owner's Signature
2
,..~~~,~I ~1~Vi~~. • • ~ . . ~ . . . • . f I
MM IM 437--wAIINrn MIo fi.w•lwwi w t«►..+.1. . . . . ~ '
_ . 14469
we12Anrr ono
71'fLEI ''(J~ NCc CQt.IFANY CF OREGON
QQ K~~W .1LL MEN BY THESE PRESENTS. Ther , VE@N L. 2HORSTAD and DORIS M. 'fHORSTi1D,
6uabana and vife. ' •
hsevinalfer eplled the qrentor, for fhe com.idnrefinn Aercinelter .rnred. to qrnmor peid hy DpNALD GltPIMLL and ' • i
a AZ.MA M. GlIpZZI,L. husband and vlie. , her~inef~er ealhrl
~ fM (rantx. doen lerchy qrent. bnrgein. xp and rnnvey unro fhe snid qrontpe nnd qrnnree'a hein. sueeianors and
.
awignir, tAaf certein row/ property, with fhe fenementa, heredifemenfs nnd nppurfenaner.sl thereunto brlonqinR o► wp- ,
psrtairtinq, rituefed in rhe Covnty o1 Nashington and Srnfe o! Orekon, described m/o/lowe, fo-wi1:
Lot 8, CARMEN PARK, Washington County, Oregon. •
Subjeet to: Sta[u[ory pwars of Unified Severege Ageney; Condition• and rastrlction•
a• reeorded Saptember 25, 1964 Ln Book 524, page 75, Wsshington County ,
Reeards, whieh restriecian• vere amended by inserument reeorded Novembar
18, 1964 in Book 531, page 91, Vashington County Reeords; Restrletive '
Covenant reRsrding undarground virinR es recorded Aprtl 27, 1970 tn Book
778, paRa 147, WashinRton County Records. '
I,
i~ •
~i " tIK,1 irly~ll~(i!'1r, (r10.1,01 0/X00160l OM rlvlttf SlDII
Tn Hn- end ro liold the snme unto the seid qrnnrer and granre.ti a hein, sueenaon and enaigro lorever.
i~ And void 4rantor h~reby rnvrrmnre ro and with eeid Qrnmee nnd qrnnree's heiro, sueeesaon and wasiqna, thet '
Rrenror it lnwlullv -rrd tn Ire .implr s,l rh• nhm•e Qinnfed premoaesi, liee from nll eneumbrenera
! , .
. and fhef
/renror wBl warrent nrrd lorever defend rhe .e,d Oremn's nnd every pnrf and pnrtel fhereof eReinet the Inwful dnirm '
' and drmends o/ ell per.om whom.oevei, .xcepr tlm.e clniminp vnder the nbove de.vilxd eneumbrenua.
' The trve and nctun/ cun+idrrntion peid !or this tren.ler, x fnted in terma of dollers, is i 57,000.00
.
. `~Korr~w. tl~s ouWl_ ~~ww.Jwr~w~w.rwrw~ d-~~ iwdrlw o~lw~ rrn{ievy. or -wJ~~ ijir~r► a~MpwiwA. whieh in ~
coroidrrerion (indicntr which
•yi (TM rnn.s. 6.ti..n rh..rmbol.Gl,il nor •vMiessDl...Muld E. d.l.rd. S- ORS 93.030.)
!n cnmtrvinq thiq d..rf nnd rchere tlr rnnrert .o reQvirei, fhp .inpulnr inefudta the plurel and all RremmefrCnl ~
~
chenqei eheU be implied tu mn Qrnn!he ror prnvixiom hereol epply equn/ly to eqtporpf dio~s end~pindir duela.
X
he~ ~=ecvted thif initrtitrxnf fhit~~~~ e u! v , f9 •
M Witne.. Wh.rml, rhe .
i► e eorpornre qrnntor, it hes cnu.ed its nnme to br aiRned and vnl nlfiiid Ay it. ollieer~. uly riiard fherY
ordei ol ifi bnnrd nl dirrttom
j yr
Vern~ Thorsted'`~ . ~ • .
• wa .~n . ` r, , ~
Dorfs M. Thorstad .
STATE OF ORf.GON, ) SfATE OF ORF.CON, Cwnw of
!9 '
c,.,nrt4r Nashing[on > . .
. /'..«,n.llr •na....d , .nd . .
~ rAo. b~iry Qulf ~wan. •
P..wr..71r .oo~.•~d ~M ~vn~.J VlLC •KA fa Armr71 ~nd not on► lor t/r oeMr. did rr rMe tA. lanrr is tM
L. 1Torstad and Doris M. ihoratad w•.ie.nr .ia rn.e en. We., is rn. .
w.l ecinrn.l~Jr.d fA~ Im.~oin1 inuru• , • corpor~r+on.
..l r/uf th. v+! .Hn'J m rA• is IM corpa.rsit. Md
n.'nr r., M CheLT .,dunra.o kf srwl d..J. .l ud c~vn.w~iu.n wnl rAwr urd imrrunrn~ I~ .i4ird .nd M.hd in A..
/ M/l ol -u anrp.r~rron AY wrh..rirr el in hwrd ol Jirre~w~: and r-A of
p.l. rMm "Mnnu0«lg•d .wrJ insuumenr ro !r in roluntgiy ,et nd deed. • .
T ` . R~Inr. nr . • .
(OFFlC/AL (OFF/C/Af. . ' • •
SEAL) SEAL) ,
Nnru► PuNic fnr Or.ton Nnr.rr Public h.. Or•IOn Mr eommi..ion .rPi....
jj Vern L. 'Ihorr,tad •n~ Dorls N TAorsud
II 'STATE OF OREGJN ~ ~ ~,a~
; ~~>~~-~C~'
cou„n of w..h,,,atoo ` E . . . . i Donald CampDall and Alm• W. Campball
11760 S. W. Catmen St. i q The~.rn, Oir«aw or n.oo.e.
,,,e Ef.euo~.~e E.•Onk~e A..e.. of ton•
~ I _ilgard, Oregon 9722J ..~,.~e.. ~e. ..~e aounry, ee n.ner ornW thn • •
. . ••o • eM wnhln imWnnl ol wnNiM •'issis r-n-+d ,
u.. ~....~y N o. .la .«ae.d sn Iwo► o1 ~.cerd• .
TiCle Insuranee Company oE Oregon N'._
12012 S. W. Cnnyon Road cou"I.
i 9eeve-ten, Oregen 97005 Accn; K.chy w-... T„ n-e ,.e ..I .in.w.
..+...oo+u. i~. POGER TMOMS3dN. 0ns1w or
li R~coN~ 6 [I.ctw1r ,
ji Donold Cempbell and Alma W. Canpbell
' 11760 S. W. Carmen St. ~ o.wn
II-_ iigard, Oregon N 97223
~~f.~Ofwf~~.I~~
BoJK ^ lil4 PA4E 66
F ~vi r. :f.,':•;: ~ ,y
!~"iti.~,;.:~~'~,.i~l~~.il.Tb• . ,
i
- - Aper•ty Data Selection MenuaL -
~ Prop ID : R473883 (Real Estate) Owner: CAMPBELL, DONALD
Map Tax Lot: 2S13BD-02300 (104E05) ALMA WLegal : CARMEN PARK, LOT 8 , 11760 SW CARMEN ST
TIGARD, OR 97c^c3
Sitias : 11760 SW CARMEN ST Year- Biai lt : 1970
Living Ar•ea: 1888
Code Area : 023.78
Sale Date : . Sale Pr•ice: 1997 Roll Values
Deed Type : Improvements $ 1131,c70
Instr,s_tment : 11140966 Land $ 53,500
1997 Tax Stati_ts - Appraised $ 166,770
Cur•rent Levied Taxes : 1,703.79 Exemptions $ 0(-)
Special Assessments . Taxable RMV $ 166,770
* No Taxes DLte , M50 Assessed . $ • 133,520
(1) Alt Disp (c) Frimar,y (3) Secondary
, , •
0 .
w
r ' Nutice: 7lie puwers granled Gy lltrs general powcr tif nUoriiey arc ea[reurefy brund nnd sivicepinb. If yott hnvc uny queslions,
uGlain culnpelent legal advice. Tliis documenl does not arilburrze atyune !o utake utedical ur ollier healthcare decisions for you.
You may revoke tliis powcr of auoriicy if you laler ►visli !o do so.
GENERAL POWER OF ATTORNEY
(Durable)
~
KNOW ALL MEN BY THESE PRESENTS, that I, i'1 r+~ q - L ,
the undcrsigned Principal residing at 7~7l1 ~_/~~1~ / ~E/~T Z,!eZ_f •!Z,Z`/ ~
grant a gcncral powcr of attorncy to .<-i SC . i r~ T~~ • .
rosiding at ~nT;p 1Za iZ,---S i 7116 , and appoint
said individual as my attorncy-in-fact to act in my namc, placc aiid stcad in any way which I myseif could do if 1 wcrc pcrsonally prescnt,
including.but not limitcd to the following: • ,
a. To ask, dcmand, rcccivc, suc for and recovcr all sums of moncy and any and all olhcr propcrty, tanbiblc or inlangiblc, duc or
hcrcaftcr to bcc:omc duc aiid owing, or bclonbing lo mc, aud w makc, bivc and cxccuic, rccciptx, rclcascs, satisfaclions, or ulhcr
discharges tlicrcfor. ' .
b. To make, execute, endorse, accept, and deliver in my name or in Uhe namc of my attorncy-in-fact all chccks, notes, drafts and all
odier instruments, of whatsoever nature, as ro my said attorncy-in-fact may dccm ncccssary to conseive nry inlerests and/a• cxcr-
cise the rights and powers granted herein. c. To cxecute, acknowledge and delivcr any and all contracts, dccds, lcascs, and any othcr agrecmcnt or documcnt affccting any aiid
all property now owned by, me or hereaftcr acyuired,. ,
•r ,
`i :1 N:?i' 't s:: ..,.Z-•F:::
d. To enter into and take possession bVariy'real esiate`bGlonging to me, the possession of which 1 may bc or may become entitled,
1 , f.i.,
^ ~~:r~,•:
t'*.
and to receive in my naine' „(I,to oly>use, any rents„and profits b4louging to me, and tu Iease such real estate in such manncr that
my attorney-in-fact shall;dpemmecessary and propcr; and from lime to timc to rcncw lcases.
. r., or Y • . ,
e. To commence, prosecute, compronuse, setde, adjust and/or Jiscontinue any claims, suits, actions or legal proceedings for the
recovery of sums of money or property now or hereafter due or to become duc, on celd by or bclonging to me.
.
f. To prcparc, or cause to bc prcparcd'all tax rcwrns: to cxcculc and Iilc tax rcturns in my n.unc aiid on my bchall': and lo sctUc tax
disputes. • •
g. To take any and all action nccessary and pr4per to carry on, cunducl aiid manage my business affairs, and lo engage in and iransact
, uny lawful business in my name and on my behalf.
h. To defend, all actions and suits which shall be commenced against me, aiid to compromise, settle, and adjust all actions, accounts,
ducs, and demands in such manncr as my said atrorncy-in-fact shall dccm appropriatc.
i. To do and perform every act and thing necessary or proper in the exercise of any of thc rights and powcrs herein granted, as fully
as I might or could do if personally prescnt, with full power of substitution or revocation, hcrcby ratifying and confirminb all that
my attorney-in-fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtuc of the authority granted hercin.
1. Interpretation. This instrument is to be construcd and interpretcd as a general power of attorney. The enumeration of specific items,
acts, rights, or powers hcrcin docs not limit or restrict, aiid is not to bc construcd ur intcrprctcd as limitinb or rostricting lhc gcncral powas
hcroin grantcd to my attorncy-in-fact.
I '
2. Durablc Naturc of Powcr oF Attorncy. This powcr of attorncy shall not bc af[cctcd by my subscqucnt disability, incapacity or incom- ~
pctencc.
3. Requirements For Revocation of Power of Altorney. I may rcvohc this power of attorney by giving writtcn notice to the attorncy-in-
fact. However, such revocation shall not be effective as to a third party wlio relies in good faith.upon this power of attorney unless such
third party has acwal or constructive knowledge of thc revocadon or the revocation has bccn rccordcd in the public reco►•ds whcrc I residc.
4. Acceptanee of Attorney-In-Fact Appointment. By signing this document, nry attorney-in-fact accepts the appointment as my attor-
ncy-in-fact. 5. Nomination of Guardian.(Conservator). If a guardian (conservator) is to be appointed for me,
I IloTillnate t0 SCl'VC 8S my gullCvii111 (COIISCI'vill0l'). I
6. Spccial Instructious.
I
" . • . • ~ I
. , . , .
, . , • . . • . ~ , ~ . , , , . . „ . .
. • . ' ^ , . , . , . , , , . • .
RM~~• 10205
ocavrdenl Reafiior„ 1e93-2 o 77925 10205 a
WHLRLFOItE, the following partics sign this instrumcncon this day of 19v.
Witncss cipal
. Address .
Witncss Atrorncy=ln-Fact
Address ~
STATG OF `~Fopajvf A ) I
SS:
COUNTY OF
On. before me, 51 O/~ ~ -u~
i (date) (namc and tiUe of oPficcr taking Acknowledgcment)
, pcrsonally appcarcd
"xL
(name(s) of pcrson(s) signing inst►umcnt)
pcrsonally known to me (or provcd to me on the basis of satisfactory cvidcnce) to bc thc pcrson(s) whose namc(s) is/:irc subscribcd to thc
within insU•umcnt and acknowlcdgcd to mc that hc/shc/thcy cxccutcd the samc in his/hcr/thcir authorizcd capacily(ics), and thaL by
hisflicdthcir signaturc(s) on the insUtimcnt the pci-sou(s), or the cnlily upon bchalf of which the pcrson(s) actcJ, cxccutcd tlic iilstrumcnl.
WITNGSS my hand and official scal. OFFICIAL SEAL
SHIRLEY J. SCHWILK ~
, Q COMM. 01023068 ~
: Notary Public • Califomia b.
RIVERSIDE COUNTY
M Cammisiion ExpIres
ignaturc , ' . SEVTEMBER 26, 1998
STATE OF (92 ft7 O n>
SS:
COUNTY OF S vs+.e
On 7before me,
I ' (date) (namc • d titlc of officcr taking Acknuwlcdgcmcnt)
, personally appeared :
(namc(s) of pcison(s) signing instivmcnt)
personally known to me (or proved to me on die basis of satisfactory evidence) to be Qle pcrson(s) whose name(s) is/.u•e subsa•ibecl to thc
within instrumcnt and acknowledged to me that he/shc/thcy excculeJ the samc in his/hcdUicir authorizcd capacity(ics), and that by
his/hedtheir signature(s) on the instrument the person(s), or the entity upon bchalf of which the person(s) actcd, cxccutcd the instrumcnt.
WITNESS my hand and official scal. •
. .r .
j OFFICIAL SEAL
~ JUDITH K,APPEL
S ature PUBUC - GFiEGON
~ COMMISSION N0. 033G5 1,
4 •
r rAY COta'iMISS10N IXPiRe5 ArR. 27, ?9sr
, .:..~a.~::
Rcad the insuuctions and othcr itnportant information on the packagc. Whcn using Iliis fonu you will bc acling as your own altomcy sincc Rcdifonn, its advisors anJ rGailcrs do
• nut rcndcr Icgal ndvicc or scrviccs. Rcdi(orm, ils advisors and retailcrs assumc uo liability fur loss ur Jam•rgc n;sulting fmm tlic usc uf Uiis funu.
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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.
2S103BD02300 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 Hajduk 1-- Wed, 14 Jan 1998 09:14:13
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Ownar~Occupant: DONALD & ALLCAMPBELL
Propetty Address : 11760 SW CARMEN STREET 7~+~~ v
Cib ' TIGARD Couniy : WASHINGTON State : pp ZlpCode : 97223
Lender: LANDMARK MORTGAGE ~ Flle No : 6781 WA
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i
, CITY OF TIOARD
Community Develapment
Skaping A Better Community
CITY OF TIGARD
Waskington County, Oregon
NOTICEOFFIHALORDER c* BYTHETIGARD CITYCOUHCIL
Case tvumber(s): IONE CHANGE ANNEMATION QCN 98-0003
case Name(s): SCNMIDTKE ANNENATION
Name of Owner: Donald Campbell
Applicant Information: Fred Schmidtke, Sr.
P.O. Box 250 Citv: Tiqard State: Oreqon Zip: 97281
ApplicanYs Rep. Info.: Mike Case Enterprises, Inc. Citv: Hillsboro State: Oreqon Zip: 97123
Address of Property: 11760 SW Carmen Street Citv: Tiqard State: Oreqon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S103BD, Tax Lot 02300.
Request: ➢ The applicant is requesting to annex .35 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, the proposed zone change is to City of Tigard R-4.5 from County R-5.
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 O Affected Governmental Agencies
19 The Affected Citizen Involvement Team Facilitator O The Applicant and Owner(s)
Final Decision:~ 0-rCl' r atn re"f _ v~ -
THE DECISION WAS SIGNED ON 0/a ,1998 AND BECOMES EFFECTIVE ON 366 ,1998.
,.W c_Z;U;L.v .D/a WQQ
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 98-0003 SCHMIDTKE ANNEXATION NOTICE OF FINAL ORDER BY THE CITY COUNCIL
S[TY OF TIGARD, OREGON •
' ORDINANCE NO. 98-0(0
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZONE CHANGE ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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) .35 acre parcel and adjoining public street right-of-way located at 11760 SW Carmen Street; and
WHEREAS, on February 24, 1998 the Tigazd 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 Maa/Lot Number
2S 103BD, Tax Lot 02300
Current Comprehensive Plan Designation New Comnrehensive Plan Designation
Wash. Co. R-5 Low Density Residential
Current Zoning New Zoning
Wash. Co. R-5 Tigazd 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 unGl 4[htvMJ vote of all Council members present after being read by number and title
only, this day of , 1998.
Catherine Wheatley, City Recorder
APPROVED: By Tigazd City Council this cuLl-t " day ~ 1998.
J icoli, ayor
Approved as to form:
• C
City Attorney
Date 2 r 2 + ct' ~
ORDINANCE No. 98- i:\citywidebtdlzca98-03.ord
Page 1 of 1 Mark_r I1-Feb-98 2:57
' •SCHMIDTKE ANNEXATION • ~~HIBIT A
ZCA 98-000
( ) 3
ANNEXATION DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 CARMEN PARK AS
RECORDED IN BOOK 23 PAGE 23 OF THE WASHINGTON COUNTY
SUBDIVISION RECORDS; THENCE N 00° 10' 00" W A DISTANCE OF 216.98
FEET TO THE NORTH RIGHT-OF-WAY OF SW. CARMEN STREET; THENCE N
89° 50' 00" E, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 91.68 FEET TO
THE EAST BOUNDARY OF SAID CARMEN PARK; THENCE S 00° 37' 00" E,
ALONG SAID BOUNDARY, A DISTANCE OF 217.00 FEET TO THE SE. CORNER
OF SAIA LOT 8; THENCE S 89° 50' 00" W, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 88.72 FEET TO THE POINT OF BEGINNING.
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ICA 98-0003 ~
~ Offi-IBIT MAP N SCHMIDTKEANNEI(AATION I
aurawsnsrun
- IITY OF TIGARD, OREGON •
RESOLUTION NO. 98-15
A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERED TO AS ZONE CHANGE
ANNEXATION (ZCA) 98-0003 - SCHMIDTKE 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 hearing on February 24, 1998 to consider the annexation of
one (1) parcel of land consisting of .35 acres and the entire adjoining public street right-of-way located at 11760
SW Carmen Street; 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.
1
MKI--c-ity of Tigard
lzt~,~- EST:
Le.-a..C (~C>
eAzq
ity Recorder - City of Tigard
Date
RESOLUTION NO. 98- iAcitywide\res\zca98-03.Rs
Page 1 of l mark_r ?JI I/98 2:52 Phf
• • CITY OF TIGARD, OREGON •
RESOLUTION NO. 98 -LLP
A RESOLUTION BY CITY COUNCIL ADOPTING CITY POLICY REGARDING ANNEXATION
PROCEDURES
WHEREAS, City staff presented a proposed annexation policy to both planning commission on
September 22, 1997 and they recommended approval.
WHEREAS, the City Council held a public heanng to consider the proposed resolution as set
forth therein;
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
SECTION 1: City Council repeals City Council Resolution 88-77 which waived the city
fee and set up a two-tier structure for the Boundary Commission fee. While the city pays the
Boundary Commission fee for applicants in the Active Planning Area (Area A), applicants in the
Area of Interest (Area B) are required to pay this fee. By repealing City Council 88-77, all
annexation applicants will be required to pay City and Boundary Commission annexation fees.
The City will begin charging the fees July 1, 1998.
SECTION 2: For property owners hooking up to USA sewer, the City will obtain waivers
of non-remonstrance in exchange for extraterritorial extension of sewer services. This means
that the City will annex this property at a later period. City staff will initiate these annexations,
usually during the first part of the year.
SECTION 3: The City will continue the practice of requiring annexation for property
owners who wish to connect to City sewer. Annexation applicants may process a development
application with the City at the same time or after applying for annexati n, as long as the annexation application process is complete prior to the plat being recorded.
~
o~~
PASSED: This daY of , 998.
J s Nicoli, Mayor
ATTEST:
L~
Catherine Wheatley, City Recorde
RESOLUTION NO. 98- ILO
Page 1
CITY Of TIGARO. OREGOfY
. RESOLUTION NO. 88-_,Zl . • RESOIIlTZON OF T'HE TIGARD CWNCIL AMENDING RESOLUTION N0. 87-159 BY ADJUSTING
. FEES ANO CliARGES TO REFIECT CHANGES IN COSTS FOR tONE CHANGE ANNEXATIONS.
WHEREAS, the City of Tigard has adopted planning ordinances pursuant to
Chaptor3 227 and 92 oP the Oregon RavisQd Statutas and thosa ordinancQs
rQquirQ that for the purposQ oP dQfraying the QxpQnsQS arisir►g Prom or
incident to invQStigation, evaluation, and processing applications. Peas and
chargQS be prescribed; and
WHEREAS, Section 3.32 of the Tigard Municipal Code grants the City Council the
authority to set and adjust feQS and charges by resolution and on July 21,
1988, the City Council determinQd that ig urban services goals are to be
attainQd, changQS wQre nQQdQd in the PeQS and charges policies for annexation
applications sincQ the property ownQr and City would benePit; and
WHEREAS, the Council has detenainQd that thQ City has a signiFicant investment
within the activQ plan arQa anci over time wish to provide services as a rasult
oP annaxation to all the propQrtias within the area of interest; and
WHEREAS, onQ property owner that annexed to the City of Tigard last fiscal
year had reques rQ roac ive s ou Counoi-1_" r decide to lessen
or watvqannexation fees; and ~
rof REAS, the Ci ty Council has determined to phase policy adjustment an
rovQ refunds on properties which annQxed in 1987-88 in the following
ner: (a) SOX of the processing fee and SOX~ of the 8oundary Commission fee
re the property was located within Tigai^d`s active plan area; and, (b) SOZ
the processirtg fee only where the property was outside the active plan area.
NOW, THEREEORE, BE IT RESOLVEO by the-Tigard City Council that:
",~Section 1: The following annexation applications processed over .isca-Y~year ,
1987-88~ 3_F`ia1-1---be-re9uade rtions of fees rcateti'-below, based on 50% of
the processing fee and SOX of the Boundary Comnission fee being refunded.
FEE CHARGED - ACTZVE PLAN AREA fEE TO BE REFUNOED
8C NUM6ER b NAME ZC BC IN OUT ZC BC
2409 Grabhorn -4- -0- - X
~ 2410 Ventura Court -0- -0- X
2411 Highway 217 -0- -0- X
~ 2412 108th Avenue -0- -0- X
2414X Golden Key Apts. -0- -0- X
~'L 2415X Beck 500 180 X 250 90
• 2416X Scarratt -0- -0- X
2417X Golden Key ROW -0- -0- X
2418X Ogle -O- -0- X
2413 N.E. Metzger -0- -0- X
2488 129th/8u11 Mtn. 600 480 X 300 -O-
Total 550 90
RESOlUTION NO. 88-
Page 1
' Sect_ i_ on 2: The Poi~ ng annQxation applications eoivQd to datQ during
, Piscal yaar 1988-89 sR"all bQ rofundQd all vt tha Zona Chango Annaxation and
Boundary Ccmmiasian faQS paid is inditatQd bQlow.
. FEE CHARGEO ACTIvE PLAN AREA FEE TO 8E REFUNOED
BC NUMBER & NAME 2C 8C IN OUT ZC BC
2522 Lewis 520 . 240 X ' S20 240
2521 Tighe 520 90 X 520 90
N/A l.an►k in 520 480 X 520 480
Total 11560 810
Section 3: Exhibit "A" oP RQSOluCion No. 97-159 shall bQ amQndad as Pollowa
(underlined language to be addQd and bracketed language to be dQ1QtQd):
[ZONE t~iANG~ANNEXATIONS] .
/ Less than 10 acrQS $520.00] '
[10 acrQS or morQ $625.00] \
• ZONE CNANGE ANNEXATIONS .
~iPropQrtY within activQ plan area Ra CharaQ ~
Propertv outsidQ active plan arQa but \
within Tiqard's area of interest Boundarv Comm, Filinq FaQ Onlv '
~ •
~'Section 4: Directs staff to bring this fee arrangement back in 1 year for
Council review.
PASSED: This ~ ay of , 1988. '
7k4
ATTEST: Maycr - City of Tigard
.
Oeputy City Recorder - City of igard
APPROVED AS TO FORM:
ity Recorder
S 4 '
Oate
lw/61150
RESOLUTION NO. 88-
Paye 2
ZCA96-0003 E4
SCHMIDTKE ANNEXATION Fred Schmidtke
P.O. Box 250
Forest Grove, OR 97116
Donald Campbell Mike Case Enterprises, Inc.
11760 SW Carmen Street P.O. Box 1575
Tigard, OR 97223 Hillsboro, OR 97123
• •
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington )
City of Tigard )
5e S S i C Ci- C-l pmCZ , hereby certify:
Please Print
That I am ae✓YI. PI0142C, for the City of Tigard, Oregon.
' That I served notice of the Tigard City Council N Df"1 Ct- Of✓lA ~
rCl.e,+r z o Mc CIJ" e AMni fi P0 Z C47 9e-D03
SctirYJld fKe Arnt,xa on of which the attached is a copy (Marked Exhibit A) upon each of the following named
~
persons on the q day of~a,-'P"GA . 19 '7 f , 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 ril,
19 ~ postage prepaid. .
,
Pr ared Notice
Subscribed and sworn to before me this ~ day of-/??d/LC.Gx , 19
OFFtCIAL SEAL
CATHERINE WHEATLEY
NOTARY PUBLIC-OREGON Notary Public of Oregon
' COMMISSION NO. 042176 /
PAY COMMISSION EXPIRES MAV 10, 1999 My COmIYIISSIOn EXPIreS:
h:\login\cathy\afofmail
r - ~ ~ e'79- 00-3
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 NotiCe TT 9 0 3 6
BEAVERTON, OREGON 97075 ;
Legai Notice Advertising
'City of Tigard • ❑ Tearsheet Notice
13.125 SW Hall Blvd.
*Tigard,Oregon 97223 • ❑ DuplicateAffidavit
'Accounts Payable '
~ AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )SS'
1, Kathy Sn)zdPr
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of theTigard- ua 1 at i n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tiqard in the
aforesaid county and state; that the
' Znne C`hangP =Snhmi r7tkP AnnPxat i nn
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for nNF successive and
consecutive in the following issues:
Februar 12 19 98 OFFICIAI SeAL
JACQUELlNE ARELLAHO r
~ NOTARY PUBUC•OREGON (
~ COMMlSSION N0. 301011
MY COMMISSIOId EXPiRES JUNE 9. 2001
\
Subscribed and swor o be ore me thisl2th day of February,1998
.
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT _
. ' • •
. • ~;,`_=t`r''• - _ . _ _ . ;.1~~:,"• ' ~
The following willJ6e considered by th:e Tigard City Council on 'Ities-' f
day; February. 24,1998, at 7t30 P.M.; at the.Tigard.Civic Center ' Town ,
-HaI1:Room; 13125.SW.-Hall B1vd.; Tigard;=:Oregon.97223.; Botb public ~
oral~and,_written testimony~is invited.'The public hearing-od,this matter I
viiili be conduct"e`d. in accordance with the ruleS'of Chapter118,:32 of the j
a r : t -
.by'the
-~',Tigard',iMuaicipal Code.and;ari~i'~rules~and procedures'adoptedx •
"Tigard City Council,^-or rules',of`pracedure set forth in Chapfey 1830.
. r. _ c:. r.:
Eailureho raise an issue in person or by letter at some:point prior to the
: close of t}ie hearing on the. request accompanied by statements,or eyidence
. safficient to'alloyi~the Hearings.Authoriry and all the pazties to respond; on f
the'reque§t, precludes`a~i`appeal fo'the.Land Use ~oacd;of-ApQ~~S bed ~
t~silare, Yt.q spec~fy,the cTiterion,fjom ~he-Coln~iu~iry ~
''~on, ttiac.is"sue~,ffln~
' ! a4
g,e~~.,_Q~e o~,Compighensive,Plari'af.w~iichcbnlment is.~
' t~irectec7 preclud~s~an appeal based on t}iat criterion: Further` information is .
. avai"~able'at City;Ha113and inay'be' obtained.from the Commuaity.Develop- ;
ment:Dir`ector-or_City.,Recorder at the same:location; or by calling (503) ,
~ . ~ .
r t # rr~"' > l.,*t;•,+f,r, ~SI,:F'' ~
' PUBLICHEARING ~pf. t~' s ~ _ • , ,
ZO~I~tCHA`NGAIVNEXATION (ZCA}98-0003 ' ~ • i
SCH~IID~ICE ANNEXATION
,
, ~-REQUEST'~lie.appli~'ants=re.guesting,to a~nge'sof property,
. into tFie_Ei ~ o~~Ti aid~and'c~an e the zonm' frfrom Coun ~°'R-5 to Ci of '
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, - 2S I43$jJ;`'I'az. to~02300: ZONEi 'The p'. posed zone ctiange is to City''j
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CRITERYA~.-,~C~omv+~muni~Il~[vie~`ao~~mentC e Chapter.,l$.I{W
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CITY OF TIOARD
Community DeveCopment
ShapingA ~Better Community
PUBLIC HEARING NOTICE
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 AHNEIIATION [ZCN 98-0003 .
FILE TITLE: SCHMIDTKE ANNEIIATION
APPLICANT: Fred Schmidtke, Sr. OWNERS: Donald Campbell
P.O. Box 250 11760 SW Carmen Street
Forest Grove, OR 97116 Tigard, OR 97223
APPLICANTS
REPRESENTATIVE: Mike Case Enterprises, Inc.
' P.O. Box 1575
Hillsboro, OR 97123
REQUEST: ➢ The applicant is requesting to annex .35 acres of property into the City of Tigard
and change the zoning from County R-5 to City of Tigard R-4.5.
LOCATION: 11760 SW Carmen Drive; WCTM 2S1036D, Tax Lot 02300.
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.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 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 98-0003 SCHMIDTKE ANNEXATION
. IF A PERSON SUBMITS EVIDENCE ISUPPORT TO THE APPLICATION AFTAI~EBRUARY 2. 1998, 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 ONL.Y 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~) 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 MARK ROBERTS
AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
, Z~y 8 6003 S~'t1 ~M I U I~~Nv~v~X ~tT10N , 1 0 I~
2S103BD-01800 2S103BD-01900
LIEBL THOMAS R AND BONNIE IADANZA NICHOLAS E AND
11905 SW CARMEN STREET 11865 SW CARMEN ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103BD-02000 2S103BD-02100
JOHNSON DAVID W& COPELAND MAUREEN T(TERRI)
11835 SW CARMEN Sr 11805 SW CARMEN
TIGARD, OR 97223 TIGARD, OR 97223
2S1036D-02200 2S103BD-02300
KARLSON E J V I CAMPBELL DONALD
11765 SW CARMEN ST 11760 SW CARMEN ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103BD-02400 2S1038D-02500
CLARK OSCAR H AND DELORIS RHONE HENRY JR
11800 SW CARMEN ST 11860 SW CARMEN
TIGARD, OR 97223 TIGARD, OR 97223
2S103BD-02600 2S103BD-03900
MADDOX CLIFFORD L AND SMITH SANDRA T
11900 SW CARMEN ST 12880 SW 121 ST
TIGARD, OR 97223 TIGARD, OR 97223
2S103BD-04000 2S103BD-04001
KAWASAKI NOBUO SHARON LE BRUNO RICHARD J JANET A
5750 E HILLCREST DR 11815 SW FONNER RD
PORT ORCHARD, WA 98366 TIGARD, OR 97223
2S103BD-04400 2S1036D-05300
HORDICHOK WALTER R TRUSTEE MATRIX DEVELOPMENT CORP
5420 NW SEWELL RD PLAZA 2 SUITE 200
HILLSBORO, OR 97124 TIGARD, OR 97223
26 03BD-05400
MAT E ORP HAYDEN, DARRON R& WENDY
PL ~ o0 12716 SW 116th AVE
T ARD, OR 972h- TIGARD, OR 97223 ~
2S1036D-05600 '
, MIX KELLY C& WYNONA G Fred Schmidtke, Sr.
12680 SW 116TH AVE P.O. BOx 250
TIGARD, OR 97223 Forest Grove, OR 97116
2S103BD-05800 2 038D-05900
BRUNO LAWRENCE J& JANANN M MAT DEV MENT CORP
12727 SW 116TH AVE PLAZA TE 200
TIGARD, OR 97223 TI D, OR 23
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• •
AFFIDAVIT OF MAILING CRYOFTIOARD
Community Developmcnt
Shaping A Better Community
S7A.2YE OFO9ZEC30TC I
County of `YUashington ) ss.
City of 2'gard J
I, Susan 9bf. We6er, being first duly sworn/affirm, on oath depose and say that I am an Arfininistrarive Speaa!'ut I for the City
of ?tgarrf WasFtirBton County, Oregon and that I served the following:
(Checlc Appropriate Box(s) Below)
NOTICE OF DECISION FOR:
AMENDED NOTICE (Fle NoJName Reterence)
City of Tigard Planning Director
NOTICE oF PUBLIC HEARING FoR: Vt7 ZCAqO -0003 6c+rn,+ I IarY-C Iqqg
AMENDED NOTICE (Fle NoJName Reference) NW-/°t? D
(Date ot Public Hearing)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
NOTICE oF FINAL ORDER FoR: E!~? ~
AMENDED NOTICE (Fle NoJName Reference)
(Date ol Public Hearing)
. Ciry of Tigard Planning Director
Ti9ard Hearin9s Officer
Tigard Planning Commission
Tigard City Council
NoncE oF
FoR: C~7 ~
(Type/KiM of Notice) (Fle NoJName Reference)
(Date d PuWic Hearing, N appllcable)
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S) of which is attached,
marked EXhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhibit"B", on the 116L- day of F06tZIAPOZq 1998, and deposited in the United States Mail on the
2a ~ day of F-e3i2vl/-!22q 1998, postage prepaid.
GSW~FINL~ • ~LQ-(1`f/l/
(Person that Prepared Notice)
Subscribed and swom/affirmed before me on the day of , 1 g
OFFICIAL SEAL
DIANE M JELDERKS 7/~
NOTARY PUBLIC•OREGON
COMMISSION NO.Oa6ta2
MY COMMISSION EXPIFES SEPTEMBER 07, 1999 NOTARY PUBLIC OF ORE60
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Community Development Plot date: Jan 20, 1998; c:Unagic\magicdd.apr
• •
CITY OF TIGARD
Community ~Devefopment
ShapirtgA BetterCommunity
CITY OF TIGARD
WasFiington County, Oregon
NOTICE OF FINAL ORDER a BYTHE TIGARD CITY COUHCIL
Case Number(s): lONE CHANGE ANNEI(ATION [ICN 98-0003
Case Name(s): SCHMIDTKE ANNENATION
Name of Owner: Donald Campbell
I Applicant Information: Fred Schmidtke. Sr.
P.O. Box 250 City: Tiqard State: Oregon Zip: 97281
Applicant's Rep. Info.: Mike Case Enterprises. Inc. City: Hillsboro State: Oregon Zip: 97123
Address of Property: 11760 SW Carmen Drive City• Tigard State• Oregon Zip: 97223
Tax Map & Lot No(s).: WCTM 2S103BD, Tax Lot 02300.
Re ues The applicant is requesting to annex .35 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: The proposed zone change is to City of Tigard R-4.5 from County R-5.
Action: ➢ ❑ Approval as Requested ❑ Approval with Conditions O Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
Eg Owners of Record within the Required Distance 0 Affected Governmental Agencies
19 The Affected Citizen Involvement Team Facilitator [E The Applicant and Owner(s)
Final Decision:%
THE; DECISION WAS $IGN'ED 1998 AND BECOMES EFFECTII/E ON , 1>998. '
~ .
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 revievir 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.
I
ZCA 98-0003 SCHMIDTKE ANNEXATION Pi7'9P9&A644E@kieST'-FAR-E6MIulEtd'fS
• •
REQUEST FOR COMMENTS CITY OF TIOARD
Community ~DeveCopmcnt
ShapingA &tter Community
DATE: Januarfl 20,1998
T0: PER ATTACHED
FROM: CitY of Tigard Planning Diuislon STAFF CONTACT: William D'Andrea, Assoclate Planner
Phone: [5031659-4111 Fax: [5081684-7291
IONE CHAN6E ANNEI(AflON QCAI 98-0003
➢ SCHMIDTKE AHNEIIATION Q
The applicant is requesting to annex .35 acres of property into the City of Tigard and change the zoning
from County R-5 to City of Tigard R-4.5. LOCATION: 11760 SW Carmen Drive; WCTM 2S103BD, Tax
Lot 02300. 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 Plan, Yiclnipl Map and ApplicanYS St8tC111Cl1t 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 You ere u118b1e t0 reSpond b]I Ule eboue 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:
~Please provie the fo&nving infomation) Name of Person[sl Commentlng:
Phone Number[sl:
ZCA 98-0003 SCHMIDTKE ANNEXATION PROPOSAUREQUEST FOR COMMENTS
. *REQUEST FOR COMMENTS
NOflFICAflON LIST FOR LAND OSE a COMMOMITY DEYELOPMENT APPIICAflONS
(0 - Indicates 18 AMmatlc NltlflCatllns tl ALl Clql Prolect=l
crrAre~: cc~,to cs~:[wi_, . CIT1Ut1:INY0LVElYIEMTTEAMS . . t m:n.ur.rr.wh.dwu.~e~ru~aa
FILE NO[SL• ?_C A 9$-0ml FIIE NAME[Sl: Scy,~1'd*a& AnnaX 9~, b n
- . . • " ~ CIiY'0FF1CES ,E- . . ~ . ' .
ADVANCED PLANNING/Nadine Smith, ai.r~nosw«„.a,_ COMMUNITY DVLPMNT. DEPTJowp..n.sk..rKnid. /POLICE DEPTJJim Wolt, cm.a««niononW.
BUILDING DIVJDavid Scott, su+ldnwonkial i,:-ENGINEERING DEPT✓Brian Rager, oWP,,.L a.vi- &p..„ .iWATER DEPTJMichael Miller,oo.,.~im.wa.,.,
_ CITY ADMINISTRATIOWCathy Wheatley, cw a«aa, ~ OPERATIONS DEPTJJohn Roy, N.P" ma,.a, _ OTHER
. r . , . - _ ' SPECIAL OISTRICTS ";c ~ ,
0 TUALATIN HILLS PARK & REC. DIST.$(TUALATIN VALLEY FlRE 6 RESCUE ~TUALATIN VALLEY WATER DISTRICT 0 UNIFlED SEWERAGE AGENCY
Planning Manager Fire Marshall Administrative Office Julia HuNmaNSwM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street
Beaverton, OR 97006 (place in pick-up box) BeaveROn, OR 97075 Hilisboro, OR 97124
LoenL nND srATE'IonIsnicnoNS 0 CITY OF BEAVERTON 0 CITY OF TUALATIN OR. DEPT. OF FISH & WILDLIFE OR. DIV. OF STATE LANDS
Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE
Mike Matteucci, N.qroma. coaa. PO Box 369 PO Box 59 Salem, OR 97310-1337
PO Box 4755 Tualatin, OR 97062 Portland, OR 97207
Beaverton, OR 97076 OR. PUB. UTILITIES 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
Ciry Manager Portland, OR 97232-2736 Portland, OR 97232
PO Box 23483 US ARMY CORPS. OF ENG.
Durham, OR 97281-3483 Paulette Allen, c,roMnManeyomp.c,onmmw, OR. DEPT. OF LAND CONSERV.& DVLP 333 SW First Avenue
_ Mel Huie, 6resruipseasCaardinetor(C7A'a20A's) 1175 Court Street, NE PO Box 2946
a CITY OF KING CITY Salem, OR 97310-0590 Portland, OR 97208-2946
City Manager `fMETRO AREA BOUNOARY COMMISSION
15300 SW 116th Avenue 800 NE Oregon Street OREGON DEPT. OF TRANS. (ODO~ Ef WASHINGTON COUNTY
King City, OR 97224 Building #16, Suite 540 Aeronautics Division Dept. of Land Use 8 Trans.
Portland, OR 97232-2109 Tom Highland, awwng 155 N. First Avenue
0 CITY OF LAKE OSWEGO 3040 25th Street, SE Suite 350, MS 13
Planning Director OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124
PO Box 369 Bonneville Power Administration
Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera 0 ODOT, REGION 1 Brent Curtis (can•.)
PO Box 3621 Sonya Kazen, ovlomt. qev, coom. SCOK King (cvn's)
CITY OF PORTLAND Portland, OFi 97208-3621 123 NW Flanders Mike Borreson (Em.)
David Knowles, awming s~u oa. Portland, OR 97209-4037 Jlm TICe(icu•s)
Portland Building 106, Rm. 1002 OREGON, OEPT. OF ENVIRON. QUAUTY Tom Harry (cwmn ri. npp&)
1120 SW Fikh Avenue 811 SW Sixth Avenue 0 ODOT, REGION 1- DISTRICT 2A Phil Healy (cuR«n a4. Aw.)
Portland, OR 97204 Portland, OR 97204 Jane Estes, awmnsPoowim
PO Box 25412
Portland, OR 97298-0412
, . . ;U1iLITY:PB0YIDERSAND'SPECIAL'A6ENCIES~ BURLINGTON NORTHERW
SANTA FE R/R METRO AREA COMMUNICATIONS PORTIAND 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 Aoad 3500 SW Bond Street
Vancouver, WA 98660-3000 1815 NW 169th Place, S-6020 Wilsonville, OR 97070 Portland, OR 97201
Beaverton,OR 97006-4886
COLUMBIA CABLE COMPANY PORTLAND WESTERN R/R TRI-MET TRANSIT DVLPMT.
Craig Eyestone -I-`NW NATUFiAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser, 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
VGENERALTELEPHONE Portland, OR 97209-3991 Seattle, WA 98104•4037
~
Paul Koft, Engineering OREGON ELECTRIC R/R SOUTHERN PACIFIC TRANS. CO. R/R V US WEST COMMUNICATION
MC: OR030546 (dURI/NCTONNOX/NFRN/SIMfARR/RiRiAAfSOJD CliMord C. Cabe, Construction Engineer Pete Nelson
Tigard, OR 97281-3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street
1313 W. 11 th Street Portland, OR 97232 Portland, OR 97204
Vancouver, WA 98660-3000
Mpalry4nastersvfcnotice.mst 2•Jan•98
,
~ ~ GEOGRAPHIC INFO.RYATION 8Y8TEY
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~ Cn AREA NOTIFIED
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ZCA 98-0003
Schmidtke Annexation
CARMEN ST
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c/)
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N
0 50 100 150 200 Feet
1'= 143 feet
City of Tigard
ufoffnauon on aft map Is ror genwW' 11 ~ «dy wa
shmaa na vwffW wan u,a oswkk~ swvkm W&WL
R 13125 SW HaM Blvd
Tigard, OR 9T123
(503) 8394171
trtp•J/www.dtigard.a.ua
Community Development Plot date: Jan 20, 1998; c:MagicXmagicdd.apr