Ordinance No. 99-19 CITY OF TIGARID,OREGON
ORDINANCE NO.99.I Q
4tN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION(ZCA) 99-
00001-WALNUT/TUDEMAN ANNEXATION AND WITHDRAWING PROPERTIES FROM THE TIGARD
WATER DISTRICT.
WHEREAS,the City of Tigard is authorized by ORS 222.750 to annex property not inside the City which is surrounded by
the corporate boundaries of the City; and
WHEREAS,the proposed annexation constitutes a minor boundary change under Boundary Commission Law ORS 199.410
to 199.519; and
WHEREAS, as part of a street improvement project sanitary sewer is being extended along the property frontages and
connection to the sewer may be possible;and
WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol
District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the
Washington County Vector Control District would, by operation of ORS 199.510, be automatically and immediately
withdrawn from those districts upon completion of the annexation;and
WHEREAS,the City of Tigard is authorized by ORS 222.120(5)and 222.520 to withdraw properties from a water district
when annexed into the City;and
WHEREAS,the Tigard City Council held a public hearing on May 11, 1999 to initiate annexation proceedings and on July
13, 1999 to consider the annexation of 11 parcels consisting of 5.67 acres and withdrawal of said properties from the Tigard
Water District; and
WHEREAS,Pursuant to ORS 222.520(2)the City is liable to the Tigard Water District for certain debt obligations,however,
in this instance the District has no debt for the City to assume,therefore,no option regarding the assumption of debt needs to
be made; and
WHEREAS,pursuant to QRS 222.120 and 222.524,notice was given and the City held a public hearing on the issue of the
annexation into the City and withdrawal of those annexed properties from the Tigard Water District on July 13, 1999; and
WHEREAS,pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water
District by Ordinance;and
WHEREAS,the Tigard Development Code states that upon annexation,the zone is automatically changed to the City zoning
most closely conforming to the County zoning;and
WHEREAS,the equivalent zoning district to the Washington County R-5 is City of Tigard R-4.5;and
WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09 and the criteria reviewed
for compliance with the Tigard Development Code and Comprehensive Plan substantially address the standards in Metro 3.09
regulating annexations;and
WHEREAS,the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of
the annexed properties from the Tigard Water District is in the best interest of the City of Tigard.
NO"N,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ECTION 1: The Tigard City Council hereby annexes the parcels described in Exhibit "A" and shown in Exhibit "B"
"
and withdraws said parcels from the Tigard Water District.
ORDINANCE NO.99 iacitywide\ord\Tiedeman zca99-0 Lord
Page 1 of 2 Julia P H 19-June-99 2:00 Pul
SECTION 2: Upon annexation,the affected properties shall be designated as follows:
Current Comprehensive Plan Des gnatia?i and Zoning
Wa.Co.R-5
Equivalent City of Tigard Comprehensive Plan Designation and Zoning
City of Tigard R4.5
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,signature by the Mayor and posting
by the City Recorder.
SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative
processing.
SECTION 5: Pursuant to ORS 222.465,the effective date of the withdrawal of these properties from the Tigard Water
District shall be July 1,2000.
SECTION 6: In accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary of State.
PASSED: By UI)4r)%nlOa5 vote of it Council members present after being read by number and title only,
this /�1b dayof . 1999.
�Qi1 .i►'� �1.�
a erme Wheatley,""y Eco er
APPROVED: By Tigard City Council this J,7 day of 1
James NVmy�o
Approved to form:
City Atto ey
Date
ORDINANCE NO.99- i:\citywidebrd\Tiedeman v=99-01.ord
Page 2 if 2 Julia P H 19-June-99 2:00 PM
� E�CNI�IT�A
A tract of land located in the NE one-quarter of Section 3,Township 2 South,Range 1
West,Willamette Meridian,City of Tigard,Washington County,Oregon,which is
described as follows:
Beginning at the intersection of the North right of way of SW Errol Street with the west
right of way of SW Fonnor Street being 20 feet north and 20 feet west of the southeast
corner of lot 2 Echo Heights as recorded in Book 5 Page 32 of the Washington County
Subdivision Records; thence S 89° 13'W,along the north right of way of SW Errol
Street,a distance of 137.98 feet; thence N 00°57' E a distance of 202.49 feet; thence
S .890 13' W a distance of 171.25 feet; thence N 000 57'E a distance of 41.87 feet;
thence S 89° 13' W a distance of 165 feet; thence S 000 57' W a distance of 84.19 feet;
thence S 89° 13'W a distance of 165 feet; thence N 00°57'E a distance of 12.46 feet;
thence S 83°30' 33"W a distance of 82.85 feet; thence N 00°57' E a distance of 305.50
feet to the south right of way of SW Walnut Street; thence N 890 13' E along said right
of way,a distance of 552.5 feet; thence S 000 57' W a distance of 238.25 feet; thence N
890 13'E 31.33 feet; thence N 810 09'E a distance of 140.14 feet to the west right of
way of SW Fonnor Street; thence S 00°57' W,along said right of way,a distance of
269.94 feet to the point of beginning.
ALSO INCLUDING THE FOLLOWING DESCRIBED TRACT
A tract of land located in the NE one-quarter of Section 3,and the NW one-quarter of
section 2,Township 2 South,Range I West,Willamette Meridian,City of Tigard,
Washington.County,Oregon,which is described as follows:
Beginning at a point on the southerly right of way of SW Walnut street which is S 750
05'E 155.0 feet and S 140 55' W 20.00 feet from the Northwest comer of Lot 24 North
Tigardville Addition as recorded in Book 2 Page 27 of the Washington County
Subdivision Records; thence S 75°05'E,along said right of way,a distance of 335.72
feet to the westerly boundary of Yolo Estates; thence S 450 25' W,along said westerly
line,a distance of 247.21 feet; thence N 75'05' W a distance of 98.25 feet;. thence N
140 55"E a distance of 73.00 feet; thence N 750 05'W a distance of 112.00 feet; thence
N 140 55' E a distance of 140 feet to the point of beginning.
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• Agenda Item:
Hearing Date: July 13,1999 7:30 PM
® STAFF REPORT TO THE
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SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: TIEDEMANMIALNUT AREA ANNEXATION
Zone Change Annexation ZCA 1999-0001
PROPOSAL: To annex 11 lots consisting of approximately 5.67 acres of un-
incorporated Washington County land into the City of Tigard.
CURRENT
ZONING
DESIGNATION: Washington County R-5
Equivalent City
ZONING
DESIGNATION: R-4.5
LOCATION: The subject parcels are located along SW Walnut and SW Tiedeman;
WCTM 2S103AA, tax lots 01002, 01100, 01500, 01600, 01700,
01702, 01800 and 01801 and WCTM. 2S10213A tax lots 02005,
02001, and 02006.
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 18.320 and
18.390.
SECTION IL STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation will not adversely
affect the o iealth, safety and welfare of the City. Therefore, staff.recommends
APPROVAL of the annexation by adoption,of the attached Ortlnance. .
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 3
ZCA 99.00001 -VVALNUT/TIEDEMAN ANNEXATION 7/13/99 PUBLIC HEARING
R
SECTION III. BACKGROUND INFORMATION
Site information and proposal description:
The properties are currently developed with single family residences. The City currently has a project
underway to construct street improvements which includes extending sanitary sewer in SW Walnut
street and Tiedeman in the area fronting the subject parcels. Upon annexation, a sewer
reimbursement district could be formed and the lots and other lots currently already in the City would
be placed in the reimbursement district. A portion of the cost of the public sewer would be assigned
to til le ivwner of Cach lot. The ^roman"^:.marc hgvra hean informed of the proposed annexation and
r t— r
reimbursement district proposal.
The proposal is to annex 11 parcels consisting of approximately 5.67 acres of land. The city has
initiated the annexation as permitted by ORS 222.750 because the properties are within an area
entirely surrounded by property inside the City limits.
Vicinity Information:
The area to be annexed is 5.67 acres. The existing city boundary runs along the north of the subject
properties. The subject properties'and the properties to the south are within Tigard's Area of Interest
but outside of the Tigard city limits. The subject parcels will be zoned City R-4.5 once annexed into
the City.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
The relevant criteria in this case are Tigard Comprehensive Pian 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:
Policv 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. In addition, staff has contacted the
affected property owners by mail to explain the proposal and offered to meet with the property
owners to discuss any questions or concerns that the property owners had regarding the annexation.
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 & b�:escue (TVF&R) have all reviewed the annexation request and have offered
no objections.
Policv 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to
property on the north that is inside the Tigard city limits. The affected land is located within the City's
Urban Services Area (Area of Interest) and is contiguous to the city boundary. Adequate services
will be available to accommodate the properties once the sewer line is extended as planned by the
City of Tigard.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 3
ZCA 99.00001 WALNUTMEDENAN ANNEXATION 7/13/99 PUBLIC HEARING
. a
e
Staff has determinod that the proposal is consistent with the retavant portions of the
Community Development Code based on the following findings:
Section 15.320.020: This Section addresses approval standards tor ;mnexation proposals
and is satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provisions have
been reviewed and satisfied as previously indicated in this report.
According to the conversion table (18.320.1), the City of Tigard zoning designatiori of R-4.5 mosi
closely conforms to the County designation of R-5, therefore this zoning will be attached to the
subject properties automatically upon annexation.
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.
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 County have had the opportunity to
review the proposal and have offered no objections.
r3A3ED OWTHE FINDINGS iNDICATFD AIBC E;PLANNING,STl l lr
RECOMMENDS APPRLIVAL OF ZONE CHANGE ANNEXATION
(ZCA)99=0nQ01 =WA4.IVCI' /TiE,fEMAN ANPVEXATIgN
July 1. 1999
PREPARED Julia Pow Hajduk DATE
Associate Planner
tom-• Juiv 1. 1999
APPROVED BY: Richard Bewer.:do DATE
Planning Manager
is\curpinyulia\annex\zca99-01.doc
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 3
ZCA 994)=) -wALNUTMEDEMAN ANNEXATION 7/13/99 PUBLIC HEARING
DOR 34-1353-1999
Notice to Taxing Districts
OREGON
ORS 308.225 DEPARTMENT
4WOF REVENUE
Cartographic Unit
955 Center St.NE
Salem,OR 97310
(503)945.8297,fax 945-8737
City of Tigard Description and Map Approved
Finance Director August 25, 1999
13125 SW Hall Blvd As Per ORS 308.225Tigard,OR 97223
®Description ®Map received from:METRO
On: 8/11/99, 8/23/99
This is to notify you that your boundary change in Washington County for
ANNEX TO CITY OF TIGARD&WITHDRAWAL FROM SEVERAL DIST.
ORD. #99-19 (WA2699)
has been: ®Approved 8/25/99
❑Disapproved
Notes:
Department of Revenue File Number: 34-1383-1999
Prepared by: Jennifer Dudley, 503-945-8666
Boundary: ®Change ❑Proposed Change ❑Planned Change
The change is for:
❑Formation of a new district
®Annexation of a territory to a district
®Withdrawal of a territory from a district
❑Dissolution of a district
❑Transfer
❑Merge
Taxing District copy-Copies to:County Assessor,Department of Revenue,County Commissioners or County Court/Boundary Commission(if appropriate)