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Ordinance No. 93-01 M CITY OF TIGARD, OREGON ORDINANCE 110. 93-.Q�,,,__, ' AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-0007) (MUELLER) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a requests for annexation signed by Dan and Vera Mueller, who are the owners of the subject parcels; and WHEREAS, The City Council held a public hearing on January 26, 1993 to consider the annexation request and to consider zoning designations for the properties; and WHEREAS, on January 26, 1993 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation as set forth in Section 1 below is consistent with the City of Tigard's Comprehensive Plan Map. 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 (See attached Zone Change Exhibit) . Tax M R/I t Number ,Current Zoning Prgpssed Zoning 2S1 4AD, tax lots Wash. Co. R-6 Tigard R-4.5 3000, 3100, 3101 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 be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By AA1rA41,1 hi d U,2 _ vote of all Council members present after being ead by number and title only, this a 0 day of , 1993. C therine Wheatley, City Refg6rder Q ORDINANCE No. 93--Ql _ Page 1 ...,n%'.. `'_""',"---:—,-„..--.r+- .--^^^�--r, ,,, ^-”'p`.?..;... .,v..,sr «. :<, ?"^'t'�7 "'°:;'m"".'�., "`' ...,7 .M r '`"moi, -•: '' `:. +.,e ik'�'.:.eu:.... .4 ^—s:.. APPROVED: This day of , 1993. C Approved as to form: i City Attorney Date i ORDINANCE No. 93-12L Page 2 -7„ _ rt r STAFF REPORT c January 26, 1993 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. CASE: Zone Change Annexation 92-07 REQUEST: To annex three parcels consisting of approximately 1.94 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) . The applicant requests annexation for the purpose of connecting to City sever line. COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre) . APPLICANT(S) : Dan and Vera Mueller 12540 SW Walnut Street Tigard, Oregon 97223 OWNER(S) : .^ and Vera Mueller 12540 SW Walnut Street Tigard, Oregon 97223 LOCATION: South side of S.W. Walnut Street, east of 132nd Avenue and Walnut Street. (WCTM 2S1 4AD, Tax Lots 3000, 3100 and 3101) 2. Background Information Applicant requested and received approval for a street opening permit to allover construction of a sanitary suer lateral line from the City of Tigard in September of 1992. Applicant also requested and received approval for Building is a.. 1llo � -t-ru.ai..- L u DYitdiaiy �JlZld41{. VV a11V�I Vyllo VL Y{r H1Vil VL Q 61Z1liQ family home from Washington County in December of 1992. r ZCA 92-07 Staff Report 1 3. vicinity Information All properties to the north of the site are in the City of Tigard and are zoned for single family residential development at a density of 4.5 units per acre. Properties to the east are in Washington County and zoned R-6 (Residential, 6 units per acre) . One property to the i west is in the City of Tigard and zoned R-7 (Residential, 7 units per acre), all other properties to the nest are also in the City of Tigard and are zoned R-4.5 (Residential, 4.5 units per acre) . Properties to the south are in Washington County and zoned for single family residential development. 4. Site Information and Proposal Description The property to be annexed have one single family residence with the remainder of the property undeveloped. The property is primarily covered with trees. The applicants requested that their parcel be annexed into the City of Tigard in order to connect to sanitary sewer line. An existing sewer line is located on the northerly portion of the parcels to be annexed. 5. Agency and NPO Comments Tigard Water District, General Telephone and Electronics, and Portland General Electric have reviewed the proposal and have offered no objections or comments. 6. Police Denartments Consideration The Police Department has reviewed the proposal and have offered no objections. B. FINDINGS AND CONCLUSIONS Ths relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 6.4.1, Developing Area; 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: ZCA 92-07 Staff Report 2 _. _.,. 7 - C 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 area to be annexed is designated as a 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 property. This study indicates that adequate services are available in the vicinity and may be extended to accommodate the subject property_ 4. Plan Policy 10.1.2 is satisfied because the annexation is a first step in eliminating an island. It will also eliminate an irregular boundary that makes it difficult to respond to police emergencies. 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 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. Since the property is within Tigard's Active Planning Area, the zone designation shall follow the City's comprehensive plan map designation for low density use. The most appropriate zone is R-4.5 with a minimum lot size of 7,500 square feet. 2. Chapter 18.138 of the Caro is satisfied because the property meets the definition for a developing area and is designated as such on the development standards area map. CZCA 92-07 Staff Report 3 _._ -77 a <. --7-7177 1 C. RECOMIENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 92-07, and to adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission. PREPARED BYs . Victor Adonri, Assistant Planner I C ZCl1 92-07 Staff Report 4 ti August 28th, 1992 To City of Tigard: We hereby request annexation into the City of Tigard for three of our properties located South of SW Walnut Street, and east of SW 132nd Avenue. (WCTM 2S1 4AD, tax lots 3000, 3100 and 3200). We want to annex in order to obtain sanitary sewer service. Sincerely, l R e 1.