Ordinance No. 91-21 I
CITY OF TIGARD, OREGON
ORDINANCE NO. 91d �;) )_
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-
13) (PARSONS) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for annexation signed by Lewis and
Aldora Parsons, who are the owners of the subject parcel; and
WHEREAS, The City Council held a public hearing on July 23, 1991 to consider the
annexation request and to consider zoning designations for the property; and
WHEREAS, on July 23, 1991 the City Council approved a resolution forwarding the
annexation to the Portland Metropolitan Area Local Government Boundary
Commission; and
WHEREAS, the zoning district designation recommended by the planning staff as set
forth in Section 1 below is that which most closely conforms to the Washington
County zoning designation as provided in the Washington County-Tigard Urban
Planning Area Agreement.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The recommendation of the planning staff as set forth below is
consistent with policy 10.1.2 and 10.1.3 of the City's
Comprehensive Plan.
Tax Map/Lot Number Current Zoning Proposed Zoning
2S1 9AD/800 Wash. Co. R-6 Tigard R-7
Current Plan Designation Proposed Plan Designation
Wash. Co. R-6 Tigard Medium Density Residential
Section 2: The property meets the definition for a developing area as
defined in Chapter 18.138 of the Community Development Code and
shall be designated as such on the development standards area
map.
Section 3% This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED: By U O(oli n'10U6 vote of all Council members present after
being read by number and title only, thisc23�cL day of
n atley ty Reco der
APPROVED: This day4er
, 1991. ,E
e al , E ward , 'Mayor
Approved as to fo z
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Attorney----)
Date
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STAFF REPORT
July 23, 1991
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, OREGON 97223
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A. FACTS:
CASE: Zone Change Annexation 91-13
REQUEST: To annex one parcel consisting of 0.94 acres of unincorporated
Washington County into the City of Tigard, and for a zone
change from Washington County R-6 (Residential, 6 units per
acre) to City of Tigard R-7 (Residential, 7 units per acre).
COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6
units per acre.
ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per
acre).
APPLICANT: Lewis and Aldora Parsons
12655 SW Bull Mountain Road.
Tigard, Oregon 97223
OWNERS: Lewis and Aldora Parsons
12655 S.W. Bull Mountain Road
Tigard, Oregon 97223
LOCATION: Southwest Corner of Bull Mt. Road and 126th Avenue, WCTM 2S1
09AD, tax lot 800.
2. Background Information
No previous applications have been reviewed by the City relating to
this property.
3. Vicinity Information
Property to the north of the site is in Washington County and is
zoned R-6 (Residential, 6 units per acre). Property to the east is
developed as a single family residential home in Washington County.
Property to the south is a large lot single family residence in
Washington County. Properties to the west are developed as single
family residential homes in Washington County. All other surrounding
properties are zoned Washington County R-6 (Residential, 6 units per
acre).
ZCA 91-12 Staff Report 1
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4. Site Information and Proposal Description
The property to be annexed has one single family residence with the
remainder of the property undeveloped. The property slopes downward
to the east. The area is largely open with grasses and a few trees
scattered throughout the property.
The applicant requested that his parcel be annexed into the City of
Tigard in order to partition the property for one additional house
and to serve both houses with sanitary sewer. The property is
proposed to be connected to the City of Tigard by a "Cherry Stem"
with the annexation of a 125 foot portion of Bull Mt. Road.
5. Agency and NPO Comments
Portland General Electric, General Telephone, Tualatin Valley Fire
and Rescue, Tigard School District 23J, and the Tigard Building
Division, Tigard Field Services Division have reviewed the proposal
and offer no objections or comments.
The Tigard Engineering Department comments that the annexation
should include all of the right-of-way of Bull Mountain Road.
Neighborhood Planning Organization #3 has the following comments:
1
�- The organization voted to deny the annexation proposal because it is
not contiguous to the city of Tigard and is setting a precedent in
annexing property not contiguous on Bull Mountain.
The Tigard Police Department has the following comments:
A continuing concern in the Police Department is that this type of
small (one lot) annexation causes problems for emergency police
response, traffic enforcement and patrol. For example, as you drive
west from Highway 99W on Bull Mt. Road, you will be in the City,
out, in, out, in, out, in, out, in, out, in, out, in, and out. This
makes police response very difficult, confuses traffic enforcement
and in general causes problems forthe police department. The
Police Department has not seen a development plan, but, if any of
the residents in this area of annexation have access off 126th,
which is not included, it will only further complicate matters. The
Police Department will have no jurisdiction to-respond to problems
on their street, but we will respond to problems on their property.
This will be very confusing for the homeowners and bad public
relations for the city.
The Tigard Water District has the following comments:
It should be noted that if this parcel was to be developed, the Water
District would at that time require the existing 6" water main on
S.W. 126th Avenue be extended northerly across the entire frontage
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of the property. The Fire District may require additional fire
hydrant at the end of water main extension.
Washington County Land-Use and Transportation has the following
comments:
Washington County would like to eventually widen Bull Mt. Road to
three (3) lanes. To do this; the County needs 33 feet of right-of-way
north of the centerline of Bull Mt. Road. The County would like the
applicant to dedicate the appropriate amount of right-o£-way to
accomplish the future widening.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies
2.1.1, Citizen Involvement; 6.4.1, Developing Areas; 10.1.1, Service
Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136,
Annexations; and 18.138, Established/Developing Area Classification of the
Tigard Community Development Code. The planning staff has determined that
the proposal is consistent with the relevant portions of the Tigard
Comprehensive Plan based upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
organization and Community Planning organization as well as
surrounding property owners were given notice of the hearing and an
opportunity to comment on the request.
2. Plan Policy 6.4.1 is satisfied because the annexation will be
designated as a developing area on the development standards map.
3. Plan Policy 10.1.1 is satisfied because the City has conducted the
Bull Mountain/Walnut Area Urban Services Study which includes the
subject property. This study as well as the comments from the
Police Department, and other serviceproviders indicate that
adequate services are available in the vicinity and may be extended
to accommodate the subject property.
4. Plan Policy 10.1.2(B) requires that the annexation not create an
irregular boundary for police service. This annexation creates an
irregular boundary in this area. The annexation will add to that
irregularity. The police Department has been notified of this
request and have responded that such annexations create difficulty
and confusion for police services.
The planning staff has determined that the proposal is consistent with the
relevant portions of the Corimunity Development Code based upon the
findings noted below:
1. Section 18.136.030 of the Code is partially met because all
facilities and services can be made available, all applicable
Comprehensive Plan policies have not been satisfied (irregular
boundary), and the property has been determined to be a developing
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area in accordance with the criteria in Chapter 18.138 of the code.
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The Urban Planning Area Agreement between the City and Washington
County requires that when annexing land within the City's area of
interest, the City adopt a zone designation which most closely
resembles the County plan and Zone designation. In this case, the
property is designated in Washington County for single family
residential use with a minimum lot size of 5,000 square feet and a
maximum density of six units per acre. The City of Tigard Medium
Density Residential plan designation and R-7 zone with an identical
minimum lot size requirement and maximum density of seven unite per
acre are the most comparable to the present County designation.
2. Chapter 18.138 of the Code is satisfied because the property meets
the definition for a developing area and shall be designated as such
on the development standards area map.
C. RECOMMENDATION
Given the fact that there is no definite policy on this type of annexation
and the application has proceeded to this point, it would be appropriate
to recommend approval to the Boundary Commission. It is suggested that
similar annexation requests not be approved and that potential applicants
be informed that such annexation will not receive an affirmative
x recommendation from the City of Tigard. Attempts should be made to seek
the combination of additional lots to make annexation boundaries more
regular.
PREPARED BY:
VPr --G
Vic or Adonri, Development Assistance Planner
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