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Resolution No. 96-28 A& CITY OF TIGARD,OREGON - c RESOLUTION NO.96-2'R A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B(ZCA 96-0002). l u WHEREAS,the Tigard City Council held a hearing on April 23,1996,to consider the annexation of one t .parcel consisting of 0.47 acres located along the north side of SW Locust Street, west of SW 92nd + Avenue;and , K WHEREAS,the proposed annexation constitutes a minor boundary change under Boundary Commissionu` 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 uponaK ' receiving consent in writing from a majority of the electors registered in the territory proposed to be o- ry t annexed and written consent from owners of more than half the land in the territory proposed to be : l annexed;and WHEREAS, the property which 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District#1 and the Washington County Vector Control District would,by operation of ORS 199.510,be automatically withdrawn from those districts immediately upon completion of the annexation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: ti 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 r` 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 Boun Commission at once. 5 r`? / v PASSED: This- day of �Ti,. Ma -Cit ,TTEST: ? 'tancorder-City of Tigard : Date �vminUs:ao Pss-cz.res S OO PM `. k RESOLUTION NO.96-"?V Page 1 ��� EXBI BI2 A � Y t t STAFF REPORT Aphl 23.1996 > , TIGARD CITY COUNCIL A TIGARD TOWN HALL 13125 SW HALL BOULEVARD kTIGARD,OREGON 97223 c� A. FACTS 1. Genera(Information 3 r1=. r i CASE: Zone Change Annexation 96-0002 REQUEST: To annex one parcel of 0.47 acres of unincorporated agr' 3111"11 ' Washington County land to the City of Tigard and to change " A the comprehensive pian and zone from Washington County R-9 to City of Tigard Medium Density Residential/R-12. MN `A(" m APPLICANT: Bert Lundmark 3381 Coeur D'Alene Drive4 R s West Linn,OR 97068 " 0 OWNERS: Michael&Joyce Ruff 12150 SW 124th Avenue Tigard,OR 97223 i `r LOCATION: Property to be annexed is located at 9275 SW Locust Street- WCTM 1S1 26DC,lot 5203(see Exhibit B,vicinity map). 2. Vicin' Information , Properties to the north and east are in Washington County and zoned R-9 and s, R-5,respectively;properties to the south and west are in the city and zoned C-P and R-12, respectively. There are single family houses on the residential properties to the west,north and east of the site. The property to the south across Locust Street has an office use. t 3. Background Information x The annlirant approached the .�,r ..th ., ,.,.,..est to annex the property. No $ previous applications have been reviewed by the city relating to this parcel. r t 2-41 4 �4. Site Information and Proposal Description .j The property is located along Locust Street approximately 190 feet from the ' easement for the future connection of SW 92nd Avenue with Locust Street.The property is flat with a single family residence along the eastern boundary. The owners request that their property be annexed to the city by meansf the double majorty method. Representing the owners of more than half the'land (100%)and a majority of the registered electors(100%)of the area proposed to be annexed,the owners have initiated this action through their written consent. 5. Agency Comfits ,3 The Engineering Division, Tigard Police Department, Unified Sewerage Agency, Tualatin Valley Fire&Rescue District and PGE reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS ' a� 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 i $ 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 ' 3 because the East 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, USA, TVF&R and PGE have reviewed the proposal and indicate that adequate I :.services are available and may be extended to accommodate the affected j 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 notified of this request and has no objection; the affected land s lc='cd within the city's urban planning area and is 2 } "' contiguous to the city boundary; and adequate services are available to s accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of # ti the community development code based on the following findings: 1. Code Section 18.136.030, requiring approval standards for annexation proposals,is satisfied because: 211 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 "g! tt been reviewed and satisfied. , C. The comprehensive plan and zoning designations of Medium Density Residential/R-12 most closely conforms to the county designation of R-g. + rl. Thp rtatanpinatinn that the affe-.-i .,r.,nadfo� ere:... .,:.f ...... 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 5x 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 F to Based on the findings noted above,the planning staff recommends that the City Council adopt the attached resolution and forward it to the Boundary Commission I -to initiate annexation of the subject property; and that the City Council adopt the attached ordinance assigning comprehensive plan and zoning designations to the property upon approval of the annexation. iArpfn4ay�2CA9 025tf t` f 5 } y 7r 3 G I b; .; .m._.. EXHIBIT B 97ST w w •, ' _ : :> : ::: :;:' ` ....... . : BORDERS FT1, i LUI t:.,. ::i.. ........ Si'J.'::::t.: ......... .... L ....... . . ................6.-- , .. ......... 1�a R, . ....I.............. ....... .::.::::.0 E .......... .. .. ......... EHL F T t ......: ... RAL —f [TE :;:`` :ii:•i<4%%:i:i:i. '^ki::L.::: :;:-ii' 'f�i ., a g.:::::-::.�: .:.::::�.::.:::::::..:: i'i i i': `:..:.i>,•:.�:::�•:::..; ..i..a�:::>i�z�:•i i->::'..--:-:`.-i�':i-i:o:,�' g.;= f t 4iii : .^- `-~<i~= .'':;; ...T [. liAP"s•r:•:i f = . - : ... :. ... ..:..:::•. Lj— ::i' { t- ,`. , — .. ... .. Vicinity Map s Note:Map is not toscale 77 W—N TiGARc c n L—TS q,' N