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Resolution No. 95-62 CITY OF TIGARD, OREGON RESOLUTION NO. 95- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERiZITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0005) . WHEREAS, the Tigard City Council held a hearing on November 14, 1995, to consider the annexation of one parcel consisting of 1.52 acres located along the south side of SW Walnut Street between SW 116th and SW 121st avenues; and WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; 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District 41 and the Washington County Vector Control District would, by operation of ORS .199.510, be automatically withdrawn from those districts immediately upon compl-ation of the annexation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Cite 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 hereby directed to file certified copies of the resolution with the Portland Metropolitan Area Local Government 3:����n at once. PASSED: This / _ day 1995. M - City of t,1gard ATTEST W City�eh4l111pp��er - Cit, o£ Tig dam- Date RESOLUTION NO. 95- Page 1 STAFF REPORT EXHIBIT A November 14, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS I. General Information CASE: Zone Change Annexation 95-0005 REQUEST: To annex one parcel of 1.52 acres of unincorporated Washington County land to the City of Tigard and to change the zone from Washington County R-5 to City of Tigard R-4.5. APPLICANT: Lena Williams 11770 SW- Walnut Street Tigard, OR 97223 OWNERS: Same LOCATION: The south side of SW Walnut Street between SW 116th and SW 121st avenues - WCTM 2S1 3BD, lot 301 (see vicinity exhibit map) 2. Vicinity Information Properties to the north, west and south are in Washington County and zoned R-5. These parcels have single family residences on them. The parcel immediately to the east is in the county and zoned R-5; beyond this parcel is a recently annexed 10-acre parcel. 3. Background Information The applicant 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 site is relatively flat with a gentle rise toward the southern end. The central area of the site includes a tree canopy. There is one single family house on the southern portion of the site. The site has approximately 65 feet of frontage along SW Walnut Street, which is functionally classified as a major collector. -- 1 The applicant has requested that the site be annexed to the C4 ty by�means of the double majority method. Representing the owners of more than half the land (10016) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicant has initiated this action through her written consent. The applicant intends to obtain sewfmr service after annexation to the city. The portion of �7-W Walnut Street adjacent to the subject site and extending to the east for approximately 230 feet has been added to the proposal. The proposal includes the request to initiate annexation to the city and to change the zone only on the property. Because the property is in the city's Active Planning Area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. Actencv Comments The Engineering Division, Tigard Police and Water departments, Tualatin Valley Fire and Rescue District, PGE and General Telephone have reviewed the proposal and have no objections. No other comments were received at the time of this report. E. FINDINGS AND CONCLUSIONS 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 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 Central CIT 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, Tualatin Valley Fire and Rescue District have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notifie,d of this request and has no objection; the affected land is located within the city's urban planning 2 area and-is contiguous to the city boundary; and adequate services are available to accommodate the property. 4. Policy 10.1.% zoning designation, is satisfied because the affected parcel will be designated as R-4.5, which is the most closely conforming zoning designation to the existing Washington County zoning of R-5. 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 18.136.030, 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-4.5 most closely conforms to the county designation of R-5 while implementing the city's Comprehensive Plan designation of Low 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 18.138, providing standards for the classification of annexed land, is satisfied because the property shall be designated as an established area on the development standard areas map of the comprehensive plan. C. RECOMMENDATION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0005. 3 ��- EXF#T_gIm $ � 1 c+ry w mast u# I 1 I cl pt CARMEN ST LL t4.•.• '.�•�.��•��� Area to he annexed m City of Tigard. VICINITY MAP Pane Ctunpe from Washington County R-S to Tigard R-a.s i Arca curronhyr within NOTE:MAP IS NOT TO SCALE N ••.�."�: Tigard City Limits