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Ordinance No. 91-28 CITY OF TIGARD, OREGON ORDINANCE NO. 91-Q'3 AN ORDINANCE IWOPTING FINDINGS AND CONCLUSION$ TO APPROVE A ZONE CHANGE (ZCA 91- 16) (BRAJAVICH) AND (JOHNSON) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Nicholas and Kion Brajavich, Sidney and Cheryl Johnson who are the owners of the subject parcels; and WHEREAS, The City Council held a public hearing on September 9th, 1991 to consider the annexation request and to consider zoning designations for the properties; and ip* WHEREAS, on September 9th, 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 3CA/1700 Wash. Co. R-6 Tigard R-4.5 2S1 3CA/1600 Wash. Co. R-6 Tigard R-4.5 Current Plan Designation Proposed Plan Designation Wash. Co. R-6 Tigard Low Density Residential d ev o�ed. Section 2: The properties meets the definition for a der 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 uV)&n'/y0U5 vote of all Council members present after being read by number and title only, this .1/)t-0 day of Cat rine Wheatley, C ty Rqhorder APPROVED: This 1y ' day f , 1991. -bra , Edwards, Mayor Approved as to form: Ci A orney Date ( k. STAFF REPORT „,. September 10, 1991 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASES Zone Change Annexation 91-16 REQUEST. To annex two parcels consisting of 0.86 acres of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R-4.5 (Residential, 4.5 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: Nicholas and Kion Brajavich 13440 S.W. Howard Drive ^ Tigard, Oregon 97223 Sidney and Cheryl Johnson 13410 S.W. Howard Drive Tigard, Oregon 97223 OWNERS: Nicholas and Kim Brajavich 1.3440 S.W. Howard Drive Tigard, Oregon 97223 Sidney and Cheryl Johnson 13410 S.W. Howard Drive Tigard, Oregon 97223 LOCATION: 13440 and 13410 S.W. Howard Drive, WCTM 2S1 3CA tax lots 1700 and 1600. 2. Background Information No previous applications have been reviewed by the City relating to this property. i, ZCA 91-16 Staff Report 1 C , t 3. Vicinity Information Property to the north of the site is in Washington County and is developed as a single family residential lot. Property to the east is developed as a single family residential home in Washington County. All properties to the west are large single family lots in Washington County. Property to the south is zoned Tigard R-4.5 (Residential, 4.5 units per acre). All other surrounding properties are zoned Washington County R-6 (Residential, 6 units per acre). 4. Site Information and Proposal Description The properties to be annexed have two single family residences with the remainder of the properties undeveloped. Both properties slope downward to the east. The properties are largely open with grass and a few trees scattered throughout the properties. The applicants requested that their parcels be annexed into the City of Tigard in order to connect both residential properties to sanitary sewer line. 5. Agencv and NPO Comments Portland General Electric, Tigard Water District, Tigard School District 23J, Tigard Police Department, Tigard Engineering Department, Washington County Land Use and Transportation, and the Tigard Building Division have reviewed the proposal and offer no objections or comments. The Tualatin Valley Fire and Rescue has the following comments: The Fire district would encourage this type of annexation to gain City services. Northwest General Telephone and Electronics has the following comments: The applicants should contact GTE for specifications regarding telephone. Any relocation costs for telephone facilities will be at applicants expense. Applicants should allow 45-60 days for GTE engineering to complete all work. 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. she planning staff has determined that ZCA 91-16 Staff Report 2 A 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 ccunment on the request. 2. Plan Policy 6.3.1 is satisfied because the annexation will be designated as an established developed area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Washington County Island Urban Services Study which includes the subject property. This study as well as the comments from the Police Department, and other service providers indicate that adequate services are available in the vicinity and may extended to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because although there is an irregular boundary in this area, the annexation will not add to that irregularity, the Police Department has been notified of this request, the Land is located within Tigard's Area Of Interest, and adequate service capacities can be made available to accommodate the eventual development of the property as noted above. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan policies discussed above have been satisfied and the property has been determined to be a developing area in accordance with the criteria in Chapter 18.138 of the Code. 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 properties are designated in Washington County for single family residential use with a minimum lot size of 5,000 square feet and a maximum density of 6 units per acre. The City of Tigard Low Density " Residential plan designation and R-4.5 zone with a minimum lot size requirement of 7,500 square feet and maximum density of 4.5 units 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 ouch on the development standards area map. ZCA 91-16 Staff Report 3 i ,. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 91-16, subject to the Following condition: 1. The property shall be designated as a developing area on the development standards map. PREPARED BY: victor Adonri, Development Assistant Planner E: ZCA 91-16 Staff Report 4 r "r- a f "EXHIBIT Al" Legal Description A tract of land described as Lot 4 of the Woodcrest Subdivision as recorded in Book 22 Page 18 in the records of Washington County, situated the Southwest quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. annex 2a1,3ca-1700 v "EXHIBIT A2" Legal Description A tract of land described as Lot 5 of the Woodcrest Subdivision as recorded in Book 22 Page 18 in the records of Washington County, situated the southwest quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. annex - 291,.3ca-1600 t vs c C3 C3 G e SO r/ :fry/•/ / �/ f �. / �, � 1, f�✓ /