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Ordinance No. 98-144 CITY OF TIGARD, OREGON ORDINANCE NO.984f :L ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE O' NE CHANGE ANNEXATION (ZCA) 98-0005 - JOHNSON STREET/106TH DRIVE ANNEXATION) AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for nins (9) tax lots located near the intersection of SW Johnson Street and SW 106th Drive„north of SW Walnut Street and east of SW Fonner Street; and WHEREAS, on June 9, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation of R-5 while implementing the City of Tigard's existing Comprehensive Plan Designation of Low Density Residential, R-4.5. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: SECTION 2: PASSED: APPROVED: Upon annexation, the affected properties shall be designated as follows: Tax Mau/Lot Numbers 2S103AA, Tax Lots 01901, 01909, 01908, 01907, 01910, 01911, 01915, 01914, 01917, 01906, 01905, 01904, 01903, 01902, and 01701; and 2S102BC, Tax Lots 02002 and 02004. Current Comprehensive Plan Desiappation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zoning Wash. Co. R-5 New Zoning Tigard R-4.5 This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. By U/701 M Dus vote of all Council members present aver being read by number and title only, this 1 ~ day of j,sm 91998. By Tigard City Council this q4. roved as to form- v Atto e• I W %n Date i T Q ORDINANCE NO. 98- i:\citywidetord~=094b. Page I of I Julia PH 8 Tune-tt 5:30 PM Agenda Item: 5 0 Hearing Date: June 9.1998 7:30 PM 7 7 SuFF REPORT TO: TM CITY COUNCIL MYOFnC+ARD Coln t!uidt f vavekrm,°ltt F® THE CITE' OF TIGARD OREGON Sfia~ti~ A Bettrr rlmmtw,' SECTION I. APPLICATION SUMMARY CASE: FILE NAME: JOHNSON STREET/106TH DRIVE ANNEXATION Zone Change Annexation ZCA 98-0005 PROPOSAL: To annex nine (9) tax lots consisting of 3.15 acres of un-incorporated Washington County land into the City of Tigard and to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential; R-4.5. APPLICANT: James Flatters OWNERS: Various Owners 12385 SW 106th Drive (List is Available Tigard, OR 97223 Upon Request) CURRENT AML ZONING DESIGNATION: Washington County R-5. RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard zoning designation of R-4.5 be designated upon annexation. The City's R-4.5 zone most closely conforms to the County Designation of R-5 while implementing the City's Comprehensive Plan Designation of Low Density Residential. LOCATIONS: WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915, • 01914, and 01917, addressed as 10585 SW Walnut; 12385, 12355, 12325, 12330 and 12440 SW 106th Drive and 10530, 10490 and 10515 SW Johnson Drive. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Sections 18.136 and 18.138. SECTION 11. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation,' will,not-adversety ANIL affect the health, safety and welfare of the City. Therefore, staff tecomrneoc6 APPROVAL of the annexation by adoption of the attached Resolution end .Q~dinallce: STAFF REPORT TO THE CITY COUNCIL ZCA 98.0005 -JOHNSON STREET/106TH DRIVE ANNEXATION PAGE 1 OF 4 5/9/98 PUBLIC HEARING SECTION III. BACKGROUND INFORMATION 0 Site History: The properties are currently developed with single-family residences on each lot. The owners of the lots wish to annex in order to extend city sewer and connect. The owners have begun discussions with Staff and anticipate requesting that the City Council authorize a Neighborhood Sewer Extension Program. No further development is proposed or anticipated, although some of the lots are large enough to be partitioned in the future if so desired. Vicinity Information: The area to be annexed is 3.15 acres. The existing city boundary runs along the northern and western boundary of the area to be annexed. There is a lot (Tax Lot 01916) within the area to be annexed that was annexed into the city limits a few years ago. The site and the property to the west and south are within Tigard's Active Planning Area but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the east and north by property inside of the Tigard city limits. The property is bordered on all sides by property zoned R-4.5. The proposal is to annex into the City of Tigard in order to obtain city services and hook up to city sewer. The applicant has requested that the 3.15 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the AMIN, land (89.2%) and a majority of the registered electors (93.7%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owners. SECTION IV. APPLICABLE _REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the Central CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA), and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0005 - JOHNSON STREET/106TH DRIVE ANNEXATION 619/88 PUBLIC HEARING Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The properties are adjacent to property on the north and east that is inside the Tigard city limits. The 19 annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this request and has no objections. The affected land is located within the City's Urban Planning Area and is contiguous to the city boundary. Adequate services are also available to accommodate the properties. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.136.030: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most closely conforms to the County designation of R-5 while implementing the City's Comprehensive Plan designation of Low Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3. The determination that the affected property is an established area is based on the standards set forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005. AOL Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected property meets the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. The Tigard Police requested that Staff contact the property owners directly west of the site to ask if they wanted to join the annexation. Staff has contacted these property owners and has sent the necessary forms in the event that they wish to modify the annexation. If they chose to annex and if Council supports their annexation requests, the Resolution and Ordinance may be amended to include these additional lots. E STAFF REPORT TO THE CITY COUNCIL PAGE S OF 4 ZCA 98.0005 - JOHNSON STREET/106TH DRIVE ANNEXATION 818/98 PUBLIC HEARING f1 SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington Cot lnty have all had the opportunity to review the proposal and have offered no objections. ;EASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMONDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 9i3~~~5 :~~3F~NSGN' STREET1106TH DRIVE ANNEXATION di id PREPARED BY: Juli Powell H duk Associate Planner 19M < APPROVED BY: Richard Bewe orff Planning Manager is\curplnyulia\annex\zca98-05.doc May 21, 1998 DATE May 21, 1998 DATE STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0005 -JOHNSON STREET/106TH DRIVE ANNEXATION 8/9/98 PUBLIC HEARING