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Resolution No. 95-39 CITY.OF TIGGARD, OREGON I RESOLUTION NO. 95-32 R RESOLUTION INITIATING ANNEXATION TO THE CIT"r OF TIGARD OF THE TERRITORY As DESCRIBED IN EXHIBIT A AND ILLUSTRATED SN EXHIBIT B (ZCA 95-0003) . WHEREAS, the Tigard City Council held a hearing on September 12, 1995, to consider the annexation of one parcel of land consisting of 1.88 acres located at the western end of SW Fern Street .r,djacent to the Bonr_eville Power Easement; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 195.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2) (a) (B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which lies within the boundary of the Washington County Enhanced Sheriff's 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District #1 and the Washington County 'Vector Control District would, by operation of ORS 199_5 10,� be automatically withdrawn from those districts immediately upon completion of the annexation, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490(2) (a) (B) , hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the proposal and effect it as soon as possible. Section: 3: The City Recorder is he37eby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government undary Commiasio at once. PASSED: This �� day 1995. Ma - City of Tigard ATT T: City,,M Td, City of T' and Date RESOLUTION NO. 95 Page 1 EXHIBIT A STAFF REPORT September 12, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL• BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Changa Annexation 95-0003 REQUEST: To annex one parcel of 1.88 acres of unincorporated Washington County land to the City of Tigard and to change the comprehensive plan and zone from Washington County R-6 to City of Tigard Medium Density Residential, I:-7. APPLICANT: Harry and Judith Jeffery 14520 SW Fern Street Tigard, OR 97223 OWNERS: Same LOCATION: The western end of SW Fern Street adjacent to the Bonneville Power Administration easement - WCTM 2S1 413C, lot 1100 (see vicinity map) 2. Vic±n1t:v Information Properties to the north are in Washington County and zoned R-6. Properties to the east and south are in the city and zo,,ed R-7. The Bonneville Power Administration easement is directly to the west with unincorporated county territory beyond the easement. The parcels to the north have single family .residences. Properties to the east and south are currently vacant but will be part of the Hillshire Woods subdivision. 3. Backcrrcufnd Information The applic=.nts approached the city with a request to annex the property. No previous applications have been reviewed by the city relating to this property. 4. Site Information and Proposal. Description The parcel is a flaglot with the existing residence located close to the eastern lot line. Driveway access is shared with 1 the flag lot to the north (2S1 4BC, lot 1200) The site slopes from east to west/northwest, varying from about a 10% to 25?I; grade. There is a wooded area running in a north/south direction through the middle of the property. The applicants have requested that the 1.88-acre site be annexed to the city by means of the double majority method. Representing the owners of more than half the land (1005k) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. The applicants intend to partitio• the parcel after annexation to the city. 5. Acrency Comments The Engineering Division, Tigard Police and Water departments, Unified Sewerage Agency, Tualatin Valley Fire and Rescue District, PGE and GTE have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FIBMINGS MNM CC C:-U$2ONS 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 13.138. Staff has determined that the proposal is consistent with the rel-evant portions of the comprehensive plan based on the following findings 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the West CST and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is satisfied because the Police Department, Engineering, Water Department, USA and TVF&R have reviewed the proposal and indicate that adequate ser-,ices are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for amzexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. 2 Staff has determined that the proposal is consistent with the ,relevant portions of the community development code based on the following findings: 1. Code Section 18.136.u30, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code provisions have been reviewed and satisfied. C. The zoning designation of R-7 most closely conforms to the county designation of R-6 while implementing the city's comprehensive plan designation_ of Medium Density Residential. d. The determination that the affected property is an established area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.136, providing standards for the classification of annexed land, is satisfied because the affected property meets the definition of an established area and shall be so designated on the development standard areas map of the comprehensive. plan. C. RECOMMENDATION Based ont1ae findings noted above, the planning staff recommends approval of ZCA 95-0003. 3 EXHIBIT B Ni 'o l!! _2 Q 41 O a w z O i City of Tigard rR�Annexation and Zone Change x Planning Department s�FromCounty R•8 to City R-z Zone Change and Annexation Comprehensive Plan change from ZCA95-0003 County R-6 to City Medium Density 120 0 120 Feat s� Area within City limits Ca/O.2S M1OI6CATTIOCOVNNNE C=