Ordinance No. 94-14 CITY OF TIGARD, OREGON
ORDINANCE N0, 94-
AN ORpINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 94-
04, BWLL MT. ISLAND) AND DECLARING AN EFFECTIVE DATE,
WHEREAS, The City Council held a public hearing on July 12, 1994, to consider the
annexation and to consider zoning designations for three parcels.south of Bull
Mt. Road and east of Aspen Ridge Street; and
WHEREAS, ors July 12, 1994, 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 the attached staff report and in Section 1 below is that which most closely
conforms to the Washington County zoning designation while being consistent with
the Tigard Land Use designation.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Upon annexation, the subject properties shall be designated as
follows
Tax Map/Lot Number Current Zonina New Zoning
2S1 IOBD/130b, 1400 Wash. Co. R-b Tigard R-4.5
1500
Section 2: This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED: By i)yt R/nj V)1'AVS_ vote of all Council members present after
being read by number and title only, this J)- day of
' ,•I y, Ci .eY�
Recorder � v
APPROVED: This 1 day of V" , IA*4. 1
Joh chwa tz, Mayor
Approved as to form:
" /
Ci At/torney
,,
Date
STAFF REPORT
July 12, 1994
TIGARD CITY COUNCIh
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, 0R2GON 97/223
A. FACTS:
CASE: Zone Change Annexation 94-04
REQUEST: To annex an island of unincorporated Washington County
completely surrounded by 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 proposed annexation consists of three parcels
totaling 3.54 acres.
COMPREHENSIVE PLAN DESIGNATION: city of Tigard Low Density
Residential
ZONING DESIGNATION: Washington County R--6 (Residential, 6 unite per
acre) .
APPLICANT: City of Tigard
13125 S.W. Hall Boulevard
Tigard, OR 97223
OWNERS: Bruce Strahan and Dianna Voisin
11720 S.W. Bull Mountain Road
Tigard, Oregon 97224
Gary and Margaret Lewis
11855 S.W. Beef Bend Road
Tigard, Oregon 97224
Vicki Artis
11670 S.W. Bull Mountain Road
Tigard, Oregon 97221
LOCATION: South of S.W. Bull Mt. Road east of Aspen Ridge Drive, WCTM
2S1 10BD lot 1300, 1400 and 1500.
1. Background Information
No previous applications have been reviewed by the, City relating to
this property.
2. Vicinity Information
The proposed annexation area is completely surrounded by the City of
'SCA 94-04 Staff Report 1
Tigard. Property to the west, north and south are developed as
single family residential subdivisions. Property to the north is
coned Tigard R-2 (Residential, 2 units per acre) . All other
surrounding properties are zoned Tigard R-4.5 (Residential, 4.5
units per acre).
3. Site Information and Proposal Description
The property to be annexed has two single family residences with the
remainder of the property undeveloped. The property. slopes
do:mward to the south. The area is largely open with grasser and a
few trees scattered throughout the property.
The City received a request to annex the middle property (WCTM 2S1
109D lot 1400) in order to partition it into three parcels and serve
each with sanitary sewer. Annexing this single parcel would create
a remainder of two single parcel islands and further complicate an
already irregular boundary. Based on the City Council's Y,-ask
direction (Resolution 94-20) and to remedy the existing boundary
irregularity in this area rather than exacerbate it, staff proposes
that this area be annexed as a single unit using the island method.
4. Aaencv Comments
The Tigard Police Department strongly favors this tyre of island
annexation and comments that it decreases emergency response time
and creates consistent_ law enforcement in the area.
The Tigard Building Division, Tigard Engineering Department, Tigard
Water Division, and PGE have reviewed the proposal and have no
objections.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies
2.1.1., Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2,
Boundary Criteria and Chapters 18.135, Annexations; and 16.138,
Established/Developing Area Classification of the Tigard Community
Development Code.
The planning staff has determined that the proposal is ccnsietent with the
relevant portions of the Tigas:d Comprehensive Plan based upon the findings
noted below:
1. Plan Policy 2.1.1 is satisfied because the Citizens Involvement Team
and Community Planning organization as well as surrounding property
owners were given notice of the public hearing.
2. 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 service providers indicate that
ZCA 94-04 Staff Report 2
P
adequate services are available in the vicinity and may be extended
to accommodate the subject property.
3. Plan Policy 10.1.2 is satisfied because an island will be eliminated
thus reducing boundary irregularity in this area, the Police
Department has been notified of this request, 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 Banning 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 Pian
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
property is within Tigard's Active Planning Area as such carries a
City land use designation which is Low Density Residential. The
City of Tigard Low Density Residential plan designation allows R-4.5
zone designation with 4.5 units per acre maximum density.
2. Chapter 18.138 of the Code is satisfied because the property is
within Tigard's Active Planning Area and is designated as an
Established Area on the development standards area map.
C. RECOMENDATIUN
Based _upon the findings noted above, the planning staff recommends
approval of ZCA 54-04.
ZCA 34-04 Staff Report 3