Resolution No. 95-71 CITY OF TIGARD, OREGON
RESOLUTION NO. 95-V-?
A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B
(ZCA 95-0006) .
WHEREAS, the Tigard City Council held a hearing on December 12, 1995, to
consider the annexation of two parcels consisting of 0.56 acres located
along SW Fonner Street west of SW 111th Place; 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) (13)
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 t_ounty Vector Control District would, by operation of ORS
199.510, be automatically withdrawn from those districts immediately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 hereby directed to file certified
copies of the resolution with the Portland Metropolitan
Area Local Government Boundary Commission at once.
PASSED: This J' �h day L 1995.
M r - City of Tigard
ATT/ ST:
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City Recorder - City of igard
is I iG/�S
Date
RESOLUTION NO. 95-
Page 1
STAFF REPORT EXHIBIT A
December 12, 1995
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 SW _RALL BOULEVI RD
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE Zcne Change Annexation 95-0006
REQLTEST: To annex two parcels of 0.56 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.
APPLICANTS: Jon and Judy Fessler Robert J. Davis
11180 SW Fonner St. 11195 SW Fonner St.
Tigard, OR 97223 Tigard, OR 97223
OWNERS: Same
LOCATION: The south side (Fessler) and north side
(Davis) of SW Former Street just west of SW
111th Place - WCTM 2S1 3AC, lots 1700
(Fessler) and 1503 (Davis) . See vicinity
exhibit map.
2. Vicinity Information
Site A (Fessler) : Properties to the north, east and west are
in Washington County and zoned R-5. Theses parcels have single
family residences on them. The parcel to the south is in the
city and zoned R-4.5. This parcel contains the applicant's
residence.
Site B (Davis) : Properties to the north, east, south and west
are in the county and zoned R-5. These parcels have single
family residences on them.
3. Backcrround Information
The applicants approached the city with a request to annex the
property. No previous applications hF-ae been revievied by the
city relating to this property.
4. Site Information and Proposal Description
The Fessler property is vacant and separated from SW Fonner
Street by tax lot 1800. It slopes downward from west to east
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and has a tree canopy over the southern half. Access to the
property is via an easement granted by lot 1800. The Davis
property is relatively flat and has a single family residence
located on the southern half along SW Fonner Street. The
property has approximately 84 feet of frontage along SW Fonner
Street, which is functionally classified as a minor collector.
This section of SW Fonner Street is within the city limits.
The two applicants separately requested that their properties
be annexed to the city by means of the double majority method.
They are being combined into one application proposal for the
sake of efficiency and financial savings. Rernresent;ng the
owners of more than half the land (1000) and a majority of the
registered electors (100'16) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The Fesslers have initiated annexation in
order to bring their vacant property into the city for
consolidation purposes. Davis intends to obtain sewer service
after annexation to the city.
The proposal includes the req,-est to initiate annexation to
the city and to change the zone only on the properties.
Because the properties are in the ci.ty,s Active Planning Area,
they have already been assigned a Tigard Comprehensive Plan
designation, which is Low Density Residential.
S. Agency 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.
B. 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:
3 . 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, Engineer.ing, Water Department and
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Tualatin valley Sire and Rescue District have reviewed
the proposal and indicate that adequate services are
available and may be extended to accommodate the affected
properties.
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
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 properties.
4. Policy 10.1.3, zoning designation, is satisfied because
the affected parcels 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:
I Code Section 18.136.030, requiring approval standards for
annexation proposals, is satisfied because:
a. Service providers have indicated that adequate
facilities andservices are available and have
sufficient capacity to serve the affected sites.
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 properties are
established areas 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
properties shall be designated as established areas on
the development standard areas map of the comprehensive
plan.
C. RECOMMENDAT%ON
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0006.
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EXHIBIT S
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VICINITY MAP /� -: WIT-INTI-ARO CITY LIMITS
NOTE:MAP IS NOT TO SCALE ®ANNE ATION ANO ZO NECHANOE
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