Ordinance No. 00-12 CITY OF TIGARD,OREGON
ORDINANCE NO.2000-1.:Z
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99-
00015 — AREA 10 - -WALNUT ISLAND ANNEXATION AND WITHDRAWING PROPERTIES FROM THE
TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET
LIGHTING DISTRICT#1,AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS,the City of Tigard is authorized by ORS 222.750 to annex property not inside the City which is surrounded by
the corporate boundaries of the City;and
WHEREAS,the City of Tigard is authorized by ORS 222.120(5)and ORS 222.520 to withdraw properties which currently
lie within the boundary of the Tigard Water District, 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 upon completion of the annexation;and
WHEREAS,the Tigard City Council held a public hearing on December 7, 1999 to initiate annexation proceedings and on
February 8,2000 to consider the annexation of 6 parcels of land consisting of 2.2 acres and withdrawal of said properties from
the Tigard Water District, 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;
and
WHEREAS,Pursuant to ORS 222.520(2)the City is liable to the Tigard Water 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
jjjjVHEREAS, pursuant to Metro 3.09 Local Government Boundary Changes Local Government Boundary Changes, ORS
22.120,222.524 and ORS 227.175,notice was given and the City held a public hearing on February 8,2000 on the issue of
the annexation into the City and withdrawal of those annexed properties from the Tigard Water District, 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 upon completion of the annexation; and
WHEREAS, pursuant to ORS 222.524,the City must declare the withdrawal of annexed properties from the Tigard Water
District, 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 upon completion of the
annexation by Ordinance;and
WHEREAS,the Tigard Development Code states that upon annexation,the zone is automatically changed to the City zoning
most closely conforming to the County zoning;and
WHEREAS,the equivalent zoning district to the Washington County R-4.5 is City of Tigard R-4.5;and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 33.09 Local Government
Boundary Changes,the Tigard Development Code and Comprehensive Plan and the applicable criteria are found to be met;
and
WHEREAS,the City Council has carefully considered the testimony at the public hearing and determined that the annexation
into the City of Tigard and withdrawal of the Tigard Water District,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 upon completion of the annexation is in the best interest of the City of Tigard and the affected
0 rcperties.
OW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE NO.2000-LA_ is\citywide\ord\Watnut Island Area-Lord
Page I of 2 Julia P H 18-January2000 5:30 PM
SECTION 1: The City Council adopts the findings and conclusions in the staff report and in accordance with the Metro
3.09 requirements,the City Council specifically adopts the findings and conclusions regarding the Metro 3.09
criteria on page 3 of the staff report,which is attached as Exhibit`°A"of'this Ordinance.
RECTION 2: The Tigard City Council hereby annexes the parcels described in Exhibit"Il" and shown in Exhibit "C"
and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriff's Patrol
District,Washington County Urban Roads Maintenance District,Washington County Street Lighting District
#1,and the Washington County Vector Control District,
SECTION 3: Upon annexation,the affected properties shall be designated as follows:
Current Coragrehensive Plan Designation and Zoning
Wa.Co.R-4.5
Equivalent Cill of Tigard Comprehensive Plan Designation and Zoning
City of Tigard R-4.5
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council,signature by the Mayor and posting
by the City Recorder.
SECTION 5: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative
processing.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water
District shall be July 1,2000.
SECTION 7: Pursuant to DRS 222.120, the effective date of the withdrawal of these properties from the Washington
County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District#1;and the Washington County Vector Control District
shall be the effective date of the annexation.
SECTIONS: In accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary of State.
PASSED: By Gln OY1 irYMS . vote of all Council members present after being read by number and title only,
this day of - 2000.
_ e-Lt ��ity
Catherine Wheatleecord
APPROVED: By Tigard City Council this day of F- �1-�� 2000.
A proved as to f m:
Brian J. Moore, Council President
2-- �-�c,
Date
ORDINANCE NO.2000- a i.\citywide\oord\Walnut Island As;a-Lord
Page 2 of 2 Julia P H 18-January 2000 5:30 PM
EXHI .'i' A
Staff has determined that the proposal Is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.320.020: This Section addresses approval standards for annexation proposals
and i3 satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provisions have
been reviewed and satisfied as previously indicated in this report.
When the City took responsibility for Urban Services through the Urban Services Agreement, the
County re-zoned the properties to the equivalent City of Tigard zoning at that time, therefore the
appropriate City zoning is already attached o the properties.
Metro 3.09 requires the additional standards to be addressed in annexation decisions, in
addition to the local and state review standards. These are addressed and satisfied as
discussed below:
Consistency with the directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider agreements.
Consistency with directly applicable provisions of urban planning or other agreement, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a
necessary party;
The process required by the Development Code and comprehensive pian is consistent with the
Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards or criteria for boundary changes
contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and,as discussed, it satisfied.
Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plans;
Because the development code has been amended to comply with applicable Metro functional plan
requirements, by complying with the development code and comprehensive plan, the anr.;exation is
consistent with applicable functional plan and Regional Framework plan.
Whether the proposed changes will promote or not interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with the provisions of public facilities or services because
the City of Tigard completely surrounds the subject parcels. Because the City surrounds the walnut
island area, the proposed annexation will facilitate more orderly provision of public services than is
currently the case and will eliminate confusion regarding service providers in this area.
If the proposed boundary change is for annexation of territory to Metro, a determination by
Metro Council that the territory should be included in the Urban Growth Boundary shall be
the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applicable criteria for the in question under state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF d
ZCA 99-00006-ZCA 99-00020 WALNUT ISLAND ANNEXATION 2/8/2000 PUBLIC HEARING
EXHIBIT B
Description 10
A tract of Lwid vituated in Smtion 10, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon,being a potion of lot 20 Cole's Acres, being more
particularly described as follows:
Commen6rig at the north one-quarter Comer of Section 10 Township 2 South,Range one
West; thence S 89° 10'W,along section line,a distance of 660.0 feet'thence S 000 05'E a
distance of 20.00 feet to the southerly right of way of SW Gaarde Street and the True
Point of Beginning; thence S 001 05' E a distance of 640.0 feet to the northerly line of
Shadow Hills as recorded in Book 42 Pages 41 & 41A of the Washington County
Subdivision Records; thence N 890 10' E , along said northerly line, a distance of 131.75
feet; thence N 000 05' W a distance of 345.19 feet to the point of curve of a curve to the
right; thence along said curve with a radius of 170 feet, a delta of 34° 45' 54" (a chord
which bears N 170 17' 57"E, 101.57 feet) and a length of 103.15 feet; thence N 34°40'
54"E a distance of 32.92 feet to a point of curve of a curve to the left; thence along said
curve to the left with a radius of 15 feet a delta of 340 45' 54"(a chord which bears N 170
17' 54"E,8.96 feet; thence N 000 05' W a distance of 163.17 feet to the southerly right of
way of SW Gaarde Street; thence S 890 10'W,along said southerly right of way,a distance
of 183.54 feet to the true point of beginning.
ISLAND ANNEXATION 13
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