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Ordinance No. 92-26 CITY OF TIGARD, OREGON ORDINANCE NO. 92- 0- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92- 02) (ANDERSON) AND DECLARING AN EFFECTIVE DATE. eived a request for annexation signed by Phyllis M- WHEREAS, the City has rec Anderson, who is the owner of the subject parcels; and WHEREAS, the City Council approved Comprehensive flan May Changes from Commercial Professional, and Low Density Residential to Medium High Density Residential in August of 1992. The Cit Council held a public hearing on September 22, 1992 to consider •atAon re est and to consider zoning designations for the properties; the a:aiiv:.--- � and ,.. 4- forwarding WHEREAS, on September 22, 1992 the City Council approvea a re lut__n ea Local Government Boundary the annexation to the Portland Metropolitan Ar Commission; and WHEREAS, the zoning district designation as set forth in Section 1 below is thaas t which most closely conforms to Tigar Urbhe anoi Planning Area Agreemon County zoning enta and the provided in the Washington County- g recently approved City of Tigard Comprehensive Plan Amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation ofthe 10�1n2ngandstaff 10.1.3set oforth the�Citylow is consistent with Policy Comprehensive Plan (See attached Zone Change Exhibit). Tax MaRILot Number Current Zoning Prc sed Zonis 2S1 1OAC, 1300/1400 Wash. Co. R-6 Tigard R-25 2S1 lOSD, 2100 (2.74 AC.) 2S1 10SD, 1600/ Wash. Co. R-6 Tigard R-4.5 2100 (.63 AC.) Section 2: The property meets the definition for a developing area as defined in Chapter 18.138 of the c u+munity Development ,....de and shall be designated as such on the development standards area map. Section 3: This ordinance shall orA bew; he effective oice of the filing cretary of State. annexat1(,S{ liaafit yr PASSED: By ' "A-14A A nMrt�1 vote of all Council members present after sing read by number and title only, dais `%1Y waY ey, w e c orr w n dayof ; 1992. APPROVED: This L. - era R, Ewa , Mayor Approved as to forms TC y ttorney 2 Date STAFF REPORT September 22, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. CASH. Zone Change Annexation 92-02 REQUEST: To annex four parcels totalling approximately 7.7 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), and R-25 (Residential, 25 units per acre). COMPREHENSIVE PLAN DESIGNATION: City of Tigard Low Density Residential/ Medium High Density Residential. ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre). APPLICANT: Phyllis M. Anderson 11550 3W Bull Mountain Road Tigard, Oregon 97223 OWNER(S): Phyllis M. Anderson 13550 SW Bull Mountain Road Tigard, Oregon 97223 LOCATION: South aide of Bull Mountain Road, bertwee n 500 and 1100 feet west of Pacific Highway. WCTM 2S1 10AC, tax lots 1300, 1400 and 2S1 1OBD, tax lots 1600. 21nn_ - 2. Background Information The subject properties are within Washington County but are within the City of Tigard's active planning area under the terms of the Urban Planning Area Agreement between the City and County. In August, 1992 the City of Tigard's Comprehensive Plan Map was changed to designate tax lots 1300, 1400 and a 2.74 acre portion of 2100 for Medium High Density Residential use. At the same time, a .63 acre portion of tax lot 2100 and the 1.17 acre tax lot 1600 were designated for Low Density Residential use. Washington County ZCA 92-02 Staff Report 1 o currently has all of the subject properties zoned R-6 (Residential, 6 units per acre). 3. Vicinity Information 3 Properties to the north of the site are in the City of Tigard and s are zoned R-2 (Residential, 2 units per acre). Properties to the s south are zoned R-40 (Residential, 40 units per acre) and are in the City of Tigard. Property to the east is in the City of Tigard and f is zoned C-P (Professional Commercial). All properties to the west are single family lots in unincorporated Washington County, and are zoned R-6 (Residential, 6 units per acre) a 4. Site Information. and Proposal Description � The properties to be annexed have one single family residence with } the remainder of the properties undeveloped. The properties are primarly covered with trees and other natural vegetation. The applicant requested that her parcels be annexed into the City of Tigard in order to develop and to serve all the property with sanitary sewer. An existing sewer line is located at the northeast corner of the parcels to be annexed. }�R 5. Acencv and. NPO Comments Tigard Water District, Tualatin Valley Fire District, Washington County Land Use and Transportation, General Telephone and Electronics, NW Natural Gas, Tigard School District 23J, Portland General Electric, and Metro Area Comminications Commission have _ raviewed the proposal and offer no objections or comments. The Neighborhood Planning Organization commented on the Comprehensive Plan change but offered no comment on the annexation. 6. Police Departments Consideration The Police Department has reviewed the proposal and have offered no objections or comments_ No other comments were received. r k 1 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 Tigard Community Development Code chapters 18.136, Annexations; and 16.138, Established/Developing Area Classification. The planning staff has i ZCA 92-02 Staff Report +- 2 ) R determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted belowt 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 an developing area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Washington County Urban Services Study which includes the subject properties. This study indicates that adequate services are available in the vicinity and may be extended to accommodate the subject properties. 4. Plan Policy 10.1.2 is satisfied because the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcels are within or outside the City. The land is located within Tigard's Active Planning Area, and adequate service capacities can be made available to accommodate the eventual development of the properties 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 properties has been determined to be a Developing area in accordance with the critaris in Chapter 18.138 of the Code® The Urban Planning Area Agreement between the City and 'Washington County res 'a_res that when annexing land within the City's active planning area, the City adopt a zone designation which most closely resembles the County plan and zone designation. In this case, the l propoued zoning complies with the recently adopted City Comprehensive Plan change. 2. Chapter 18.138 of the Code is satisfied because the properties meet the definition for a Developing area and shall be designated as such on the development standards area map. 1r 2CA 92-02 Staff Report 3 tr b a C. OTHER ALTERNATIVES 1. The properties to be annexed are currently undeveloped. The planning staff reviewed the implications of annexing the properties as undeveloped land, versus annexing it as a developed land. AMEX WqW a. The development would be subject to City development requirements, and its fees and charges. The City will provide development services. The increase in assessed value after development will lower the City tax rate, and annexing raw land with one owner will be less difficult than annexing several new residents and n_rorerty owners. DELAY ANNEX.'lTION b. If the City decides to delay the annexation of these properties until after construction, the County will provide all development services, and impose County standards on the development. The City's tax base will be increased by approximately $9,700 instead of $1,059. This is part of the permanent tax base that can also be increased by up to 6% each year. 2. The other alternative the council could consider would be to annex the subject properties along with the three properties to the west through a "double majority" method of annexation. Staff is not recommending this because the properties in the remaining island will need City sewer to develop plus the properties are in an island, which means the City can require annexation of the remaining properties by other methods at a future time. Further, these properties are mostly undeveloped and therefore are not in need of urban level services at this time. D. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of %CA 92-02, and to adopt the attached rasoluc.ion and ordinance to aoywaLd one annexation.to the 8ourdary .Commission. k PREPARED BY: p .�n victor Adufrri, Assistant Planner (t ZCA 92--02 Staff Report 4 N M RMS �•, + � � • 46 CA YO d}Q I'C vow o3 boo . Ism At 'dtC 4' . C o ll i 7 k i e ® _ e1.... S•~t. b_ iMMM111 o-