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City Council Packet - 08/09/2005 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING August 9, 2005 COUNCIL MEETING WILL BE TELEVISED I: \Ofs\Don na's\Ccpkt l 13125 SW.Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. 11, For Agenda of 9 - 0 - Dom' v COUNCIL MINUTES TIGARD CITY COUNCIL MEETING AUGUST 9, 2005 Mayor Dirksen called the meeting to order at 6:31 p.m. City Council Present: Mayor Dirksen and Councilors Sherwood, Wilson and Woodruff. • STUDY SESSION > Administrative Items: • Procedural Review for the Quasi'Judicial Hearing (Agenda Item No. 7) City Attorney Ramis reviewed procedure for the combined hearing for four annexation proposals. The purpose is to be more efficient insofar as the reading of the initial process information would not have to be done four times and people would not have to state their testimony four times. The idea is to have one proceeding with the. City Council making four separate decisions after the case closes. The main thing to remember is that the City Council is deciding the land uses cases on.the criteria; the fundamental conduct of the hearing is like a land use case. Findings will ` need to be adopted, :whether the City Council approves or deny. The venue for appeal :is the Land Use Board' of Appeals (LUBA). City Attorney Ramis suggested that if there was a great deal of testimony, the City Council might want to make a tentative decision, give direction to staff and, then staff come back with a final set of findings .for the City Council to adopt. Mayor Dirksen referred. to the process as outlined on the agenda. City Attorney Ramis noted that if the City Council is prepared to adopt the final decisions for the ordinances, the staff has some amendments to the findings, which have been provided to the City Council.. The proposed amendments were distributed. City Attorney Ramis noted this supplemental information addressed the requirements of ORS 222,.which is the Chapter applying to the annexation procedures for these proposals. Also distributed to the City Council was written testimony received by e- mail on August 9, 2005; from Les and Ellen Godowski, 14630 SW 139th Avenue, Bull Mountain, Oregon. • August 18 Meeting with Senate Environmental and Public Works Staff - Tualatin River Refuge (Council received a copy of an e-mail COUNCIL MINUTES - AUGUST 9, 2005 page 1 communication to Assistant to. the City Manager Newton from the President of the Friends of the Refuge Norman Penner). Interim City Manager Prosser reviewed this invitation. Mayor Dirksen, Councilor Sherwood and Councilor Woodruff advised they would try to attend. . • Council Agenda Revised - Interim City Manager Prosser noted that Mayor Dirksen requested Consent Agenda Item 3.3b. be set over to August 23, 2005. • Councilor Woodruff noted that the Intergovernmental Water Board meets on the second Wednesday of every month and this.conflicts with his work schedule. He noted he would not be able to attend the September or October meeting. Councilor Sherwood said she could attend the September 14 and October 12 meetings. • Council Calendar: o August 16 Council Workshop Meeting - 6:30 p.m. - Town Hall o August 23 Council Business Meeting - 6:30 p.m. Town Hall. o August 30 5th Tuesday Council Meeting - 7-9 p.m. - Tigard Water Auditorium. EXECUTIVE SESSION: The Tigard City Council went-into Executive Session at 6:38 p.m. to consider employment of a public officer, employee, staff member or individual agent and pending litigation under ORS 192.660(2)(a)(h). Executive Session concluded at 7:37 p.m. 1. BUSINESS MEETING .1.1 Mayor Dirksen called the City Council & Local Contract Review Board meeting to order at 7:43 p.m. 1.2 City Council Present: Mayor Dirksen. and Councilors Sherwood, Wilson and Woodruff. 1.3 Pledge of.Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. CITIZEN COMMUNICATION ■ Thomas.Bush, 13845 SW 158th Terrace, Tigard, OR 97224, said he lives in unincorporated Washington County, at the west end of Bull Mountain. He said he believes there are deficiencies in the Tigard Development Code, particularly as it appears to prioritize connectivity over safety. The Code also does not seem to recognize that the width of the road contributes to safety and this is particularly true on steep roads. He urged that something be done about this. 'He asked what process is in COUNCIL MINUTES -AUGUST 9, 2005 page 2 place so someone, such as he, could contribute to advocating those changes. Mayor Dirksen asked if Mr. Bush has some specific streets in mind. Mr. Bush noted that there is an appeal process in place on the street he. is most concerned about, so he has chosen not to speak about this. Mayor- Dirksen suggested that Mr. Bush contact Community Development Director Hendryx about the process. . • Mary Bush, 13845 SW 158th Terrace, Tigard, OR 97224 asked who was responsible for the upkeep of the dedicatedroad in a subdivision? In response to, a question from Mayor Dirksen, Ms. Bush confirmed that the road is in unincorporated Washington County. The road is the responsibility of the County. • Tyler Van Domelen and Eric Wiering, recent. Tigard High School graduates, spoke to the City Council about the proposed Tigard Skate Park. They recently learned the skate park did not receive a grant they were hoping to receive. Mr. Van Domelen -said he hoped there might be a "Plan B" offered by the City to help move the skate park forward. Mr. . Wiering said they have noticed many towns smaller than Tigard have city skate parks. He noted the supporters of the skate park, have raised $35,000. Councilor Sherwood noted that a number of people are working behind the scenes to help with this effort. She said that by coming to this meeting, Mr. Van Domelen and Mr. Wiering are doing what is needed, which is to get the word out.to the community about the need for assistance. Mayor Dirksen noted he is frustrated that the'skate park has taken so long to move forward. He-said he was disappointed that the grant was' not awarded for the skate park and the City is reevaluating how to move ahead. It would be helpful if there was more of a demonstration of community support for funding for the skate park. He agreed with Councilor Sherwood that Mr. Van Domelen's and Mr. Wiering's attendance at this meeting was the best thing they could do to appeal to the community. He noted they need to make their case to the community. • Bill Gerkin, 15885 SW Alderbrook Circle, Tigard, OR 97224, said he represented the senior community supporters of the skate park. He said he got involved because he believes that many skate boarders are at a crossroads with regard to the activities they might become involved in - some of which are unacceptable. A'skate park would give these young people something to do that they,.want. He noted there are many other COUNCIL MINUTES -AUGUST 9, 2005 page 3 towns that have skate parks and doesn't know why it has taken so long for Tigard. He said he has personally raised over $6000 by contacting businesses, friends, and service organizations. He asked the City Council to assist. At this time there are about 99 contributors and 13 of those are in-kind contributors. They have about $35,000, with a goal of $105,000. Mr. Gerkin said they need some help from the community." Meetings are held every two weeks, yet, there are only a handful of people who attend. He asked for support of the skate park; "it's past time." Mayor Dirksen noted his appreciation of Mr. Gerkin's efforts. He agreed that young people at this age need a healthy outlet. He said it is with some personal embarrassment that a city the size of Tigard cannot seem to build a skate park. He said he would like to see the community get behind this idea. Councilor Sherwood added that over a third of the skate park contributors are from the Summerfield retirement community. Councilor Woodruff thanked the core group of people that have been involved in this effort for a long time. He said he hoped that people watching this meeting who were not aware of this effort, would do what they could to get the word out about this, need. • Gretchen Buehner, 13249 SW 136th Place, spoke about library. parking issues. A number of spaces designated for compact cars are continually being used by people driving SUVs. For'example,.this evening there were two spaces that could not be used because SUVs were parked in the compact car area and were too large for the spaces. She reported that at 7:10 p.m. this evening, there were 15 SUVs parked in the compact car spaces. This is causing back ups in the parking lot. Interim City Manager Prosser said this would likely take policing action. He will check with the Police Department to determine what could,be done. S Councilor Woodruff noted there isn't enough parking at the Library and that if Wall Street is constructed, there are plans to provide additional parking spaces. • Ken Henschel, 14530 SW 144th Avenue, Bull Mountain, OR, said he was speaking as CPO 4B Chair and that they collected some money for the skate parka In response to his inquiry, he was advised he Could give the money collected to Rich Carlson, Chair of the Skate Park Task Force. Mayor Dirksen noted his appreciation of the CPO 4B members' contribution. COUNCIL MINUTES -AUGUST 9, 2005 page 4 • Follow-up to Previous Citizen Communication (from the July 26, 2005, City Council meeting): Interim City Manager Prosser noted Gretchen Buehner spoke about Bull Mountain Road being brought up to City standards for that section of this road that is within the City of Tigard: Ms. Buehner suggested the City, take over,jurisdiction of part'of the road. Interim City Manager Prosser noted that the City Council plans to meet with Washington County officials on August 16, and suggested the topic could be discussed at that time. Interim City Manager Prosser said that Mr. Frewing had raised concerns about condition of a property in his neighborhood. The subject property is under continuing enforcement action, which is now in Municipal Court.. Mr. Frewing had asked for additional information about where this was in the court system process - staff has provided this information to him. Interim City Manager Prosser noted Mr. Frewing also spoke about concerns about a development in the unincorporated Metzger area where he would like to see trail property set aside through area. Interim City Manager Prosser said, unfortunately, neither the County nor the City Master Plans included an area for a trail at this location. Therefore, this is an issue that cannot be addressed. Mr. Frewing has also spoken to the County. Tigard Youth. Advisory•Council President Rob Williams reviewed the following Consent Agenda items: 3. CONSENT AGENDA:` 3.1 Approve Council Minutes for July 12, and 19, 2005 3.2 Receive and File: a: Council Calendar b. Council Meeting Tentative Agenda 3.3 Local Contract Review Board: a. Award Contract to Brix Paving for the Construction of the FY 2005-06 Pavement Major Maintenance Program (PMMP) - Phase 1 h Autherize Re1rrib FsemeRt W VeRt ire Drei~e r+iec. der Interim City Manager Prosser noted that Item 3.3b above has been removed from the Consent Agenda; it will be resubmitted to Council for consideration on August 23, 2005. COUNCIL MINUTES -AUGUST 9, 2005 page 5 Motion by Councilor Wilson, seconded by Councilor Sherwood, to approve the Consent Agenda with Item 3.3b removed. The motion was*approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Councilor Woodruff Yes 4. METRO COUNCILOR HOSTICKA TO PRESENT INFORMATION ON, METRO'S OPEN SPACES, TREASURED PLACES CELEBRATION Metro Council President Bragdon was present to review this item.as Councilor Hosticka was out of town, but sent his regards., President Bragdon's presentation included the following: • It's been 10 years since the voters approved, the greenspaces funding. • More than 8000 acres of greenspaces has been acquired. • Some local share money went directly to local jurisdictions, including Tigard. • There was a focus on the Fanno Creek greenway to connect 15 miles of trail. • Tualatin River has access points for canoe trips., Five sites have' been purchased along the Tualatin, including a location in Tigard. • Eight acres have been purchased adjacent to Cook Park. • A brief review of sites acquired to supplement the natural areas throughout the region. • Celebration in the first 10 days of September to thank the voters, which will include a series of events. • Groups are meeting and discussing the possibility of renewing the greenspaces measure in 2006. • Commitment to a local share component fora future measure. • Metro officials will return to the Council in the fall to submit proposals/ideas for a renewed funding measure. Councilor Woodruff asked how many of the 8000 acres are in the Tigard area. President Bragdon noted about 400, acres are located along the Tualatin River, and in Tigard City limits, there were about 50 or 60 acres acquired. He noted there are some large sites within a short drive and referred to the Cooper Mountain site of 280 acres just outside of Beaverton. Community Development Director Hendryx noted the'total pass-through amount to Tigard was $758,000. 'Tigard purchased 16 acres within the City and built 1800 lineal feet of greenway trails. In addition, 23 acres for greenspaces were acquired using Metro funds (Brown property, Woodard Park property). COUNCIL MINUTES -AUGUST 9, 2005 page 6 Councilor Woodruff noted that one of,the City Council's goals is to increase the amount of parks and open spaces and the City will continue to look to Metro to help wherever possible. Councilor Woodruff referred to the skate park and asked if there were any additional dollars available for this project? President Bragdon said there were no funds remaining. It is hoped the new bond measure would be before the voters in 2006. Mayor Dirksen asked if the focus will again be on greenspaces and open spaces. President Bragdon reported that the regional money focused on natural areas; however, the funding earmarked for local jurisdictions had more flexibility. President Bragdon confirmed Councilor Wilson's statement that the package to be presented to voters would be put together over the next few months and could possibly be more ambitious. President Bragdon noted they realize there are other needs,in the region requiring resources including law enforcement and education that communities are addressing as well. While not advocating one way or the other, Councilor Wilson asked if Metro would . consider a restriction that purchases be inside the urban growth boundary.,, President Bragdon confirmed this would be discussed. He noted larger, less- expensive sites are often located outside the urban growth boundary. 5. SET OVER TO THE AUGUST 23, 2005, CITY COUNCIL MEETING THE CONSIDERATION OF THE FINAL ORDER REGARDING THE APPEAL OF CONDITIONAL USE PERMIT FOR THE TIGARD FIRST BAPTIST CHURCH EXPANSION ITEM ON APPEAL: On April 25th, 2005 the Tigard Hearing's Officer held a public hearing to consider an application for conditional use approval to construct.a 22,500 square foot expansion of the existing church and associated parking in three phases. As part of Phase 2, the applicant proposed to relocate the existing driveway on SW Gaarde Street. The Hearing Officer adopted findings approving the Conditional Use Permit and Sensitive Lands Reviews and denied the requested Adjustment to the access spacing standards. An appeal was filed on May 25, 2005 by the owner and applicant, on the basis that the Hearing's Officer misconstrued the applicable law. More specifically, the appellant's argue that the Hearing Officer's decision failed to balance the approval. criteria. LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 1100: ZONE: R-3.5: Low-Density Residential District. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.370 and 18.705. Community Development Director Hendryx advised the final order was not presented in sufficient time to prepare it for the City Council's consideration COUNCIL MINUTES -AUGUST 9, 2005 page 7 at this meeting. Staff 'recommends City Council continue this item to August 23, 2005. Motion by Councilor Sherwood, seconded by Councilor Woodruff, that the consideration of the final order appeal of the Conditional Use Permit for the Tigard First Baptist Church expansion be set over to August 23. The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Councilor Woodruff Yes 6. INFORMATIONAL PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 3,5 (SW ASH AVENUE) a. Mayor Dirksen opened the public hearing. b. City Engineer Duenas presented the staff report. His review included:f. a PowerPoint presentation, which is on file in the City Recorder's office. His review included a history of the sewer reimbursement program designed to extend service to all non-sewered areas of the City. For Fiscal Year 2005-06, it is projected about 151 new services will be established. If formed, this District would provide nine connections, and is the last area in this part of the City that does not have sewer service. A neighborhood meeting was held on July 6, 2005.. At that time staff presented the program to the District residents to answer questions and address concerns. The estimated project cost is $110,215. The estimated reimbursement fee per owner is about 55.5590 cents per square foot. City Engineer Duenas explained the incentive program whereby the City participates in paying for a portion of the costs if a District property connects to the sewer within three years of finalization. Additional fees include a $2235 connection/inspection fee and .approximately $50 every two months as a charge for operation and maintenance of the entire sewer system. There are also costs for . installation and connection to the sewer. The project will begin this fall. Final costs will be based on the actual construction costs. Finalization of the District will be brought to the Council after all work has been completed. and the actual'costs are . known. COUNCIL MINUTES - AUGUST 9,2005 page 8 4 Councilor Woodruff asked if all the property owners were present at the informational meeting on August 9.. City Engineer Duenas said he understood that most property owners were present. He said some concerns were brought up at that time. He advised that one of property owner for one of the lots to be included in the District indicated they could hook onto sewer. at Garrett Street, so this lot was removed from the District. C.. Public Testimony • Cleon Cox III, 13580 SW Ash Avenue, Tigard, OR 97223, advised he attended the July 6 informational meeting, as did most of the neighbors. He said they were told that if a majority does not want enter into this, it will not go through. City Engineer Duenas advised that was not correct. He said the District would be formed whether people want to hook on or not, but noted that people do not have to hook onto the sewer. Those that want to hook on, must pay their share as provided in the program along with the attendant fees. City Engineer Duenas explained the City's program is to extend sewer to all unsewered, but developed properties of the City. He noted the previous program was based on Who needs the sewer, but if one person experiences a failed system, this is basically a reason to-extend sewer to an area. The City decided to develop .a systematic approach, which resulted in a five-year program. Mr. Cox and City Engineer Duenas discussed whatconstitutes a failed system. Mr. Duenas confirmed that if a system fails, the County does not issue permits for a new septic system if sewer is available. Mr. Cox asked if an environmental impact study was done to determine what the cost is if everyone, needed to replace the fields. Is it more cost effective than extending the sewer system? City Engineer Duenas said the City is being proactive by providing sewer to residents who might need it. The incentive program is available to encourage people to hook on earlier; however, a property owner is not required,to hook on. City Engineer Duenas said it is environmentally responsible to extend sewer to areas and not to depend on septic systems. There was 'discussion on why this was, environmentally preferable. Mr. Cox asked why a full bond measure could not have been placed before the voters for providing sewer. He said this is impacting people who are on fixed incomes. Mayor Dirksen said COUNCIL MINUTES -AUGUST 9,200.5' , 2005 page 9 he did not know that this was not reviewed earlier. He referred to the creation and implementation of the program, which had been reviewed by Council members some years earlier. In effect the program is voluntary, no one is required to hook up to the sewer. If one does not hook up within 15 years of finalization of the district, no payment of the installation is required. City Engineer Duenas added there is a fairness issue in that other residents have paid for their sewer service through one means or another. Why should the rest of the City pay into a bond to extend sewer to people who have already paid for their own? Mr. Cox argued that this didn't make sense and noted other instances where he may or may not use services; i.e., the library and schools. He said he understands the City has to determine how to pay for this but noted he would have preferred for other alternatives to have been made available to the property owners. Discussion followed on fees. The connection fee and the sewer fee that's included in the water bill are based on water usage. Mr. Cox said his water usage would increase because his current leach lines water trees in his yard. Mr. Cox noted he talked with the City about this issue in 2001 and felt that the attitude was that it was going to happen regardless. He questioned whether a sewer system was actually ' environmentally preferable. He said he had not heard anything additional on this program until recently. City Engineer Duenas advised that a citywide meeting was held when this program was started to explain how the program would work. Mr. Cox said he was not aware of the meeting and questioned how people were . notified. City-Engineer Duenas referred to some of the means of notification including newspaper announcements and an announcement in the City's newsletter, the Cityscape. Mr. Cox said the majority of the people in this proposed district are upset about this proposal. He referred to other issues he has had in the past, including speed humps, and question's whether appropriate study is being done. Mr. Cox said the property owners really have no options if their septic tanks fail. Mr. Cox submitted a letter from Sean and April Yarger, 13585 SW Ash Avenue, Tigard,, Oregon noting their opposition to the formation of the District. This letter is on file in the City Recorder's office. COUNCIL MINUTES -AUGUST 9, 2005 page 10 d. Staff Recommendation City Engineer Duenas advised that staff recommended City Council approve a resolution forming Reimbursement District No..35, SW Ash Avenue. e. Council Discussion Councilor Woodruff asked about the number of districts formed. City Engineer Duenas advised that 659 services were identified and there are about 300 remaining. 'He noted about .150 services are planned for this year. Approximately ten districts have been formed under the current reimbursement district program: People will hook on as they feel the need or want to participate in the incentive program. Within these finalized districts, the sewer is available when wanted and the City does not need to be in a reactive mode when a property owner has a need to connect to the sewer. Councilor Wilson noted the City Council continues to,hear comments similar to those raised by Mr. Cox. He said the concerns are related.;,: to the amount of money required to hook up to the sewer system. Councilor Wilson said he continues to think the program is a good deal and it's voluntary unless someone's system fails. . Councilor, Sherwood rioted she has had people tell.her that they were appreciative of the sewer reimbursement program, which was available to them when their system failed. f. Mayor Dirksen closed the public hearing. g. Council Consideration: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 05-51.. RESOLUTION NO. 05-51 -A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT.DISTRICT NO. 35 (SW ASH AVENUE) The motion was approved by. a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Councilor Woodruff Yes COUNCIL MINUTES-AUGUST 9,,2005 page 11 7. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER ANNEXATION OF THE FOLLOWING FOUR PROPERTIES: FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2004-00004 FILE TITLE: MOUNTAIN VIEW ESTATES SUBDIVISION ANNEXATION REQUEST: The applicant is requesting to annex two (2) parcels of land containing 6.94 acres into the City of Tigard.. LOCATION: 12415 SW Beef Bend Road, WCTM 2S110CB, Tax Lot 500; and (No site address), WCTM 2S110CB, Tax Lot 100. FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00001 FILE TITLE: ARLINGTON HEIGHTS. 3 SUBDIVISION ANNEXATION REQUEST' A request to annex three (3) parcels. of land containing .16.97 acres into the City of Tigard. LOCATION: On the north side of SW Beef Bend Road and the southern terminus of SW Summerview Drive. WCTM 2S109DA, Tax Lot 2100; and 2511 OCB, Tax Lots 600 and 700. FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00002 FILE TITLE: WILSON RIDGE SUBDIVISION ANNEXATION- REQUEST: A request to annex two (2) parcels of land containing 2.68 acres into the City of Tigard. ' LOCATION: 13350 and 13400 SW Bull Mountain Road; WCTM 2S109AC, Tax Lots 100 and 200. FILE NO.: - ZONE CHANGE ANNEXATION (ZCA) 2005-00003 FILE TITLE: ALBERTA RIDER SCHOOL/SUMMIT RIDGE SUBDIVISION, ANNEXATION REQUEST: Annexation of 56 parcels containing approximately 20.75 acres into the City of Tigard. LOCATION: Alberta Rider School: WCTM 2S109AC, Tax Lot 2100 and 2S109AD, Tax Lot 1300; and Remaining Portions-of Summit Ridge Subdivision: WCTM 2S109DA, Tax Lots 8500, 8600, 8700, 8800, 9400, 9500, 9600, 9700, 9800, 9900, 10000, 10100, 10200, 10300, 11500, 11600, 11700, 11800, 11900, 12000, 12100, 12200, 12300, 12400, 12500, 12600, 12700, 12800, 12900, 13000, 13400 and 13500, and WCTM 2S109DB, Tax Lots 1000, 1900, 2100, 2200, 2300, 2400, 2500, 2600, 2700, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3600, 3700, 3800, 3900 and 4000. ZONING OF ALL PARCELS: R-7: Medium-Density Residential District. The R-7 zoning. district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of COUNCIL MINUTES -AUGUST 9, 2005 page 12 10,000 square feet: Mobile home' parks and subdivisions'are also permitted outright. Some civic 'and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations: are set.out in Community Development Code Chapters 18.320 and. 18.390, .Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. 'Associate Planner'Tracy of the Community Development Staff read the description 'of the four annexation proposals. Associate Planner Tracy noted this annexation hearing consists of four separate requests. The staff's presentation and the public testimony will.be consolidated into one hearing. The City Council will then need to take separate actions on each of the four applications. Associate Planner Tracy referred to a PowerPoint presentation, .which is on file in, the City Recorder's office. He reviewed a map of the current. City limits and the proximity of the proposed annexation areas. He then described the areas to be annexed. All of the properties are in the general area between Bull Mountain Road and Beef Bend Road. The total area of the four annexations areas is 47.34 acres,., For the Mountain View Estates annexation, the previous owners and current owners petitioned the City.for annexation and earlier subdivision approval for 22 lots. Prior to those lots being sold, annexation must occur. There are no longer any registered voters within this annexation territory. For Arlington Heights 3 annexation, the current owners and all four registered voters have sign a petition for annexation. This property is in the early stages of subdivision review and, if approved, will be required to-be annexed. There are 64 lots being proposed. At this point, City Attorney Ramis noted the hearing had not yet been opened. Because the four hearings have been combined, the process is unusual. City Attorney Ramis referred to the agenda, which was also provided to the public. He recommended the Mayor begin by opening the public hearing. City Attorney Ramis said he would then describe the rules and procedures before coming back to finish the Staff Report. a. Mayor Dirksen opened the public hearing. b. City Attorney: Rules of Procedure City Attorney Ramis noted for'land use hearings, City of Tigard begins the process by reading a set of rules and. processes so that participants in the hearing understand the rules and procedures. He noted if anyone had any questions about the, process, they should not to hesitate to ask. COUNCIL MINUTES -AUGUST 9,'2005 page 13 A copy of the rules of procedure of tonight's hearing has been available at the entrance of the hearing room. The staff report on this hearing has been available for viewing and downloading from the City's 'website and a, paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role is this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. However, because these applications are for annexations, the City Council may also consider issues other than the applicable land use criteria and those are the criteria identified in the staff report. Any person here tonight can offer testimony. Please wait until you' are asked. to speak by the Mayor and try to limit your remarks to the applicable approval standards for the application. Members of.the City Council will be asked whether they have any conflicts of interest at the beginning of the hearing.. And, if a Council member has an actual conflict the Council member will not participate. Council members must declare any contacts about this case with a",. member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as a visit to the site in question. The Council member who describes ex parte contacts or independent information, may still participate in the decision. After the discussion of conflicts and ex pate contacts, any person may, challenge the participation of the Council member or rebut the statements made. The Council member in question may respond to such a challenge. Tonight the staff will summarize the staff report and then, the applicant and those in favor of the application will testify. After that, witnesses who oppose the application or have questions or concerns will testify. If there is opposition or if there are questions, there will be a response from City staff. The Council members may also ask the staff and witnesses questions throughout the hearing until the record closes. After all testimony is taken, the-Council may ask additional questions of the staff... After .the record is closed, the City Council will deliberate about what to do about.the application. During the deliberations, the City Council may reopen the public portion of the hearing if necessary to receive additional evidence before making a. decision. You may testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. Failure to raise an issue clearly enough so that the Council understands it and can address the COUNCIL MINUTES -AUGUST 9, 2005 page 14 . C issue, precludes an appeal on that issue. Failure to raise Constitutional or other issues related to the proposed Conditions of Approval, with sufficient specificity to allow a response precludes an action for damages in Circuit Court. Please do not repeat testimony offered by yourself'or earlier witnesses. If you agree with a statement of an earlier witness, please just state that fact and add any additional comments of your own. Also, please refrain from disruptive demonstrations in the case. .Comments. from the . audience will not be part of the record. When you are called to testify,-please come forward to the table. Please begin yourtestimony by giving 'you name, spelling your last name, and give your full mailing address, including zip code. If you represent someone else, please indicate that. If you have any -exhibits. you want the Council to consider, such as a copy of your . testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments, you must hand in all the exhibits to the Recorder, who will make them part of the record. The, staff will keep the exhibits until appeal opportunities expire, and then you can you can ask them to, return your exhibits. Testimony, evidence, and arguments must be.directed at the criteria,' identified in the staff report.,Those are Community Development Code Chapters 18.30 (City Attorney clarified after his remarks this should be 18.320) and 18.390, :;Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09, and ORS'Chapter 222. Tonight the Council is conducting a ,hearing on four applications as a combined proceeding. This will permit anyone who wishes to address more than. one item from having to testify multiple times: Please identify which annexation proposal proceeding you are testifying about. The Council-will deliberate on each separately after the close of the proceeding. C. Declarations or Challenges City Attorney Ramis asked if any members of the Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? None reported. City Attorney Ramis asked if all rnembers familiarized themselves with the application? All members indicated they were familiar with the application. City Attorney Ramis asked if there were any challenges from the audience pertaining to the Council's jurisdiction to hear: this matter or COUNCIL MINUTES -AUGUST 9, 2005 page.15 is there a challenge on the participation of any member of the' Council? There were no challenges. d. Staff Report Associate Planner Tracy recapped his statements for Mountain View Estates and Arlington Heights 3, which he began prior to the public hearing being opened. For Wilson Ridge, the current owners are both registered voters and have signed the annexation petition. This property is pending r subdivision approval for 14 lots. For the Summit Ridge and Alberta School site: When the Alberta Rider school was approved, a condition of that development was to annex prior to allowing occupancy of school buildings. The School District has signed the consent forms as property owners to, allow the annexation. Ms. Rider resides in a life estate tenancy in an area on the site and is the sole registered voter in the original annexation. territory. Since Mrs. Rider has not consented to the annexation and.: has not signed a petition for the annexation, the City is unable to annex the life estate area without holding an election of voters in that territory. As a result, the boundaries have been revised to reflect the exclusion of this area from the annexation request. He referred to where this was located on a map on display in his PowerPoint presentation. Summit Ridge was approved when it did not abut the City limits, so annexation was not required. However, when`Arbor Summit to the north of Summit Ridge was annexed in 2004, Bella Vista, which lies to the south of Summit Ridge also petitioned for annexation, and through a double majority method, a portion of Summit.Ridge was annexed. Around the same time, a subdivision plat for Summit Ridge was recorded, which resulted in some of the newly formed lots being partly in city limits and partly out. This annexation territory currently consists of six owners, four of whom have consented to the annexation. Staff reviewed voter registration records this morning- and found that, with the exception of Ms. Rider, there are no other registered voters residing within this annexation area. Associate Planner Tracy reviewed how the lots were positioned both in and outside the city limits as a result of an earlier annexation approval. Based on additional input from legal staff, supplemental findings were prepared consistent with ORS Chapter 222. Also staff recommends that additional language be added to the proposed ordinances to adopt the supplemental findings, along with the findings in the staff COUNCIL MINUTES =AUGUST 9, 2005 page 16 reports. These additional findings have been distributed to Council members and are also available to the public at the rear of the room. For the Alberta Rider/Summit Ridge annexation, a copy of the proposed revised boundaries excluding Ms. R'ider's life estate tenancy have also been distributed to the City Council and made available,for the public. e. Public Testimony Mayor advised of receipt of written testimony from .Les and Ellen Godowski, which will be entered into the record. Mayor Dirksen noted that sign-in sheets have been provided for each annexation proposal: Mayor Dirksen clarified that testimony will be taken for each annexation area; however, it is appropriate that if someone wants to comment on other applications, then the City Council should hear the . testimony instead of making people come back and forth. 1. Mountain Estates Subdivision Annexation, Applicant- Not present. Proponents -None Opponents City Recorder's Note: All opponents, on the testimony sign-in sheet for this annexation proposal, indicated their testimony applies to all annexations for Council Agenda Item 7 and their testimony is hereby incorporated by reference. X . Charles Radley, 15729 SW,Colyer Way, Bull Mountain, OR 97224 testified that his comments were general comments for all of the annexations. Mr. Radley's testimony included the following: - He would like to learn more after the hearing about the process used for obtaining consent from the various landowners. He hoped this was completely voluntary. - He said he was curious about the practice of issuing , permits with a condition for annexing to the City. How appropriate' is this? COUNCIL MINUTES - AUGUST 9, 2005 page 17 - He referred to the Dolan vs. City of Tigard case language pertaining to conditions on permits and an essential nexus; that is, a logical connection between the governmental interest to be served and the . conditions to be imposed on the landowner. He said he finds it difficult to understand the relevance about why a landowner needs to annex if all they need is a building or occupancy permit. He said he would like to learn more about this. He referred to Rhode Island information. (A copy of this information is on file with the City Recorder.) - He asked if there was any pressure exerted on the property owners to annex. - He requested the record be kept open for seven days for additional testimony. ➢ Mayor Dirksen noted, for clarification on process, that the City . Council would receive testimony and then the City Attorney, or whoever. is appropriate, will respond to questions. X Julie Russell, 12662 SW Terra View Drive, Bull Mountain, OR.. 97224, presented the following as testimony: She~asked.why this hearing is being conducted differently than previous annexation hearings and how this would affect the LUBA appeal process. Does, it make it more expensive or difficult to file? She said she also requested that the hearing be continued for at least seven days based on the revised map and the additional findings presented this evening. She noted her agreement with Mr. Radley with regard to conditional use permits. She referred to the Alberta Rider conditional use permit. She said she found it upsetting that if the school does'not agree to annex, the City of Tigard will not do the final inspection and the school will delayed. She said the City of Tigard has caused delays and cost the taxpayers of that District at least $12 million. She said she would have hoped that the City Council would have. considered the defeat of the annexation vote in November 2004 for Bull Mountain. This is in direct opposition. - She said Mark Padgett, President of the Planning Commission has openly stated in a Planning Commission meeting that his strategy is to surround Arlington Heights. and annex them without vote. She. COUNCIL MINUTES -AUGUST 9, 2005 page 18 said she finds it frustrating that a City would have that policy and that a Planning Commissioner would'have made that comment during a meeting. She noted in the last Oregon legislative session, several bills were passed to clarify annexation law. House Bill 2484, which guaranteed the dual majority vote and Senate Bill 887, which prevents island annexations and some companies from being annexed to. Beaverton. She said she would hope that Tigard, would follow the intent of,the law and the vote and will ` of the people., She said she had some concerns with the map. She noticed that the map she received appears to be incorrect because it "talks about" Alberta Rider and part of Bull Mountain'Road being annexed. She noted a line in the middle of Beef Bend Road; she was under the impression that Beef Bend Road and Bull Mountain Road were under the jurisdiction of Washington County. She asked if-the map was in error or if this was a change. There was no notification of a changein,, road jurisdiction. - She referred to Tigard's findings on Comprehensive Plan Policy 2. 1.1 stating that every property owner affected by this,annexation be notified. She said every' owner in Arlington Heights will be affected by the annexation', because they will be completely surrounded if all annexations take place, and they will be in -an island. Not every property owner was notified. - She said she opposed the annexations, not to delay the building permits being issued, but because of the annexation process itself She said the school and builders should not-be held hostage to consent to annexation. - She referred to findings on policy 10.2 and that the Tigard staff report admits that none of the annexations ' eliminate pockets or existing islands, but they do create ' irregular boundaries and .create islands. She said she believed that in the past,. Council has said they would not annex to create islands and this is in direct opposition. - She said she disputes the Community Development Code, Section 18.320.020 as this area has been identified to be park deficient by Washington County and the Bull Mountain Community Plan and the City of Tigard. There are no solutions associated with these COUNCIL MINUTES -AUGUST 9, 2005 page 19 annexations to remedy to that situation: By allowing additional homes, it creates more-deficiencies. She said Bull Mountain Road and Beef Bend Road are the only access points to Highway 99. Highway 99 is already at'capacity at every intersection through Tigard. Additional building permits will only overload. She noted the Police did not make any comments. She wondered if the Sheriffs Department was notified of these annexations and what their comments would be. She referred to the change of zoning and disputed the information. The Bull Mountain Community Plan identifies R-6, six units per acre, not 7. She questioned why Summit Ridge was allowed to develop at R-7 before the annexation process. According to Tigard's Code, zoning is not supposed to change until the annexation takes place. She asked why Alberta Rider and Summit Ridge_were being annexed together since Alberta Rider is owned by public entity and Summit Ridge is owned by a developer. She asked that the City Council consider all. of these issues and to vote to proceed with the annexations appears,.to be bad public policy to continue annexing against property owners' wishes. This is absolutely what the City is doing in this process by requiring builders to annex and not allowing property owners to vote on it. - She asked how Arlington Heights 3 can annex into their Homeowners' Association and not have a double majority vote of the property owners who already live in the subdivision? X Scott Miller, President Mountain Gate Owners Association, 15415 SW Ashley Drive, Bull Mountain OR 97224, presented testimony which he also submitted in written'format. A copy of the written testimony is on file in the City Recorder's office. He noted he would be adding to his written ,comments after going through his prepared statement: He advised he agreed with the prior two speakers and would like to incorporate their remarks into his as part of the record. He said he talked to Tigard Planning Commissioner Gretchen Buehner prior to the meeting. He asked her about conditional use permits and whether the City of Tigard was telling landowners that they could not COUNCIL MINUTES -AUGUST 9,200'5 page 20 receive building permits or open the school, if. annexation did not go through. He said she: unequivocally told him, that this was false. He said this was in contradiction to what had been' presented tonight during the staff report. He said,he was concerned if there wa& misinformation. - He said he had a significant problem with conditional use permits requiring annexation before building occurs or before the school is opened. He questioned whether the City was in violation of the law. He referred, to the findings which make reference to ORS 222.125 and the need to obtain consent of the owners. How can they give consent if they. are told they do not have permission to build or open the school unless their consent'is given? He said that consent was never given and any proceedings to. create annexation would be invalid. He said consent must be given freely. - He said he was before the City. Council tonight primarily because he represents 200 homeowners who are really,;, . concerned. They don't want to .be part of the City. of Tigard. They are concerned about where their money goes and getting value for their money. - Before the City of Tigard goes forward with a plan to annex people who do.not want to be annexed, he asked for this to be reevaluated. Does it make sense to everyone, or does it just make sense to the coffers of the City of Tigard? He said. Ms. Buehner told him that land was being proposed to be purchased on Bull Mountain. He would like to know if the City of Tigard is buying land outside the City of Tigard with the intent to be able to say to the residents of Bull Mountain, "Here's your park." Or, with the intent to be able to use that as a lever for additional .annexation. - He' asked the Mayor if the City of Tigard has a plan to continue annexation on Bull Mountain? Mayor Dirksen advised response and rebuttal remarks would be made after testimony is given. X Lisa Hamilton-Treick, 13565 SW Beef Bend Road, Unincorporated Bull Mountain, advised she is one of the founders of the Friends of Bull Mountain. She said she is a citizen of Washington County and advised they were her elected officials. Her comments included the following: COUNCIL MINUTES -AUGUST 9, 2005 page 21 She said many things have changed over, the past two years. The City does not seem to recognize or respond to the changes. - She said 89 percent of the residents of unincorporated Bull Mountain voted against annexation to the City of Tigard. More than 92 percent of the people on the south slope were opposed to annexation. The 2005 State Legislature passed several bills. HB 2484 secured a dual majority vote in all future ORS 195 annexations throughout the state. Friends of Bull Mountain participated actively and was pleased to restore fairness in this process for the State of Oregon. HB 2722 removed the-veto power of cities within a three-mile distance of territories and now allows unincorporated communities to have a say about who they wish to have govern them -.not to avoid paying taxes or providing services. It allows.them to explore incorporation as a city. SB 887 recognizes the urgent need for annexation reform - to stop the very thing the City of Tigard continues to. do. There is going to b6 a moratorium on forced annexation in certain areas prompted by Beaverton's aggressive annexation of roads to intentionally island areas in a territory and eliminate all rights of residents in those areas to have a say in their future governance. Actions by the City of Beaverton got a lot of attention by elected officials and laws are changing; task forces are being formed. It is not "business as usual." She referred to Measure 37. It is clear that property owners want a say on who, governs their community and how their property is to be used. 100 concerned residents attended a CPO meeting in June where Friends of Bull Mountain and others spoke about a desire to explore all options for future governance. That is not to say the people on Bull Mountain do not want to pay their fair share. People in unincorporated areas that are rapidly urbanizing often want to be able to have.a say in who will govern their community, how much their taxes will be increased, and where that. money will be spent. She noted the vocal, strong opposition to annexation to Tigard at this CPO meeting. She noted Councilor Wilson attended this meeting and thought Community Development Director Hendryx was also there. COUNCIL MINUTES -AUGUST 9, 2005 page 22 She encouraged the City to halt the practice of aggressively annexing, by piecemeal, Bull Mountain, by creating irregular boundaries that are difficult to service and by withholding permits in exchange for annexation. She encouraged the City of Tigard to be watchful of the Task Force that will be forming out of the legislative session. She guaranteed that the residents of Bull Mountain will do everything in their power to influence fairness in annexation reform. - She said that what. the City does here affects cities and territories throughout the state. - HB 2484 was passed because of the overwhelming involvement of the people who are not going to tolerate the kind of aggressive annexations that they have experienced. She noted the new legislative session will begin again in a year and a half and she guaranteed that the . decisions made will influence how the Friends of Bull Mountain testify in Salem for fairness in all annexation decisions throughout the state. She said it was time for a change in.the City's policy and she hoped it was an opportunity for the City'to take a different look in the way it is approaching enlarging. x Ken Henschel, 14530 SW 144th Avenue, Unincorporated Bull Mountain, OR 97224 testified that he is the Chair of CPO 413, but tonight he was speaking as a citizen. His comments included: He said he would like to incorporate by reference the comments of the previous speakers in opposition. He noted at a recent CPO meeting, he apparently incorrectly spoke when he called Tigard the planning authority for unincorporated Bull Mountain. Several Tigard employees advised.'him that Tigard is the contractor implementing the County's plan. If.that is the case, he said he is confused. He said he reviewed the intergovernmental agreement, the urban services agreement, the urban planning.area agreement and looked at local, state, and federal codes/ordinances. He has not found any place that give a contractor the authority to force governance on an area as a precondition to approving building or occupancy permits. He said he knew the property owners had requested annexation; however, in talking to several of them,.it is COUNCIL MINUTES -AUGUST 9, 2005 page 23 his understanding that they are only requesting that because they had no choice. If, they do not annex, they will not get their permits. He said he thought the process was flawed. He said the annexation represents an unconstitutional, taking as these annexations are coerced. The overwhelming, majority of Bull. Mountain residents opposed annexation in the fall,election and he remains disappointed that Tigard continues its annexation assaults on Bull Mountain and continues to fail to respect the wishes of the area residents. As the previous speakers said, there is no legitimate reason that Tigard could not approve permits without requiring annexation. He was saddened that the City of Tigard is not rethinking its strategy to instead build bridges with the community. .2. Arlington Heights 3 Subdivision Annexation Applicant x Toni Weber, 12755 SW.69th Avenue, Suite 100, Portland, OR '97223 testified that he is the owner and developer of Arlington Heights 3. His comments included: He'supported the annexation... He said as he listened to the previous testimony and whether. required to or not, he would choose to annex to the City of Tigard. He said he wanted the residents of this subdivision to- receive the benefits of being citizens of the City of Tigard. - He said "we" own the property to be annexed and it is their desire to be: annexed without delay. He urged the City Council to approve the annexation as any more delay on. the project will cause him to miss this season. He said that if the residents of Bull Mountain, and he said he was speaking for his'project, are to receive, the benefits of the City of Tigard, they should be residents of the City of Tigard and be responsible for the bill for the City of Tigard.' He said he had other projects on Bull Mountain and. elsewhere in the City and, if they were qualified to be annexed, he would do that too. COUNCIL MINUTES -'AUGUST 9, 2005 page 24 - He said he knows most 'of the other developers and it would be interesting to hear from the other developers about how they feel about this. He'said he does not feel as if he is being coerced. Opponents City Recorder's Note: All opponents, on the testimony sign-in sheet for the Mountain View Estates annexation proposal, indicated their testimony applies to all annexations for Council Agenda Item 7 and their testimony is hereby incorporated by reference. Mayor Dirksen noted Lisa Hamilton Treick was signed in to speak on this item. She said she would not comment on this annexation but would like to comment on one of the other annexation proposals.. 3. Wilson Ridge Subdivision Annexation Applicant X John Marquart, 9600 SW Oak Street, #230, Portland, Oregon 97223 and AI 'Jeck, 9600 SW Oak Street, Portland, Oregon 97223 testified, representing Alpha Community Development. Mr.- Marquart's advised they were the developers of Wilson Ridge. Mr. Marquart advised: - He echoed Mr. Weber's comments that they believe it is a choice that they willingly make to be annexed. - They acquired the amicable consent of both the registered voters on the site where they intend to construct a 14-lot subdivision.,. - This subdivision recently received approval, with condition's. One of the conditions is for the annexation. to the City of Tigard, which they were more than happy to do. - He said he contends that their annexation is not an island annexation or an irregular annexation: It is simply a southerly extension of the Three Mountain Estates subdivision which is already in the city limits, which is why he believes the Tigard Police Department signed off on this annexation. He urged the City Council to approve the, annexation. COUNCIL MINUTES -AUGUST 9,2005'' page 25 Mr. Jeck added that he urged the City..Council to approve the annexation and advised they would be available to address any questions. Councilor Woodruff referred to testimony where people have stated they believe there is coercion in that the developer cannot go forward unless they agree to annex and that this is unfair. Councilor Woodruff asked if the annexation was something Mr.. Jeck would want whether or not it was required for the development process. Mr. Jeck said, "Yes, it is." Opponents City Recorder's Note: All opponents, on the testimony sign-in sheet for the Mountain View Estates annexation proposal, indicated their testimony, applies to all annexations for Council Agenda Item 7 and their testimony is hereby incorporated by reference. X Lisa Hamilton-Treick asked to receive a current copy of the map of the unincorporated area of Bull Mountain, including all of Bull Mountain and Beef Bend Roads to demonstrate where the City's' jurisdiction begins and ends. The maps they have are "in chunks" and she said she has never seen an inclusive map that shows what the City is taking in with regard to Bull Mountain and Beef Bend Road. She said it would help them understand contiguous connections. Associate Planner Tracy indicated that a map could be furnished. The maps received in the notice were general vicinity maps and detail is not shown to the level of lots. The annexation lines are shown on tax maps and those can be provided. Ms. Hamilton-Treick said it would be beneficial to the people living on Bull Mountain and in the unincorporated area to see a large scale map that shows the big picture of both roads. Associate Planner Tracy said there is no such map to that level of detail. He referred to the legal description boundary limits of the annexation. He said the City map shows the generalized line. For precise boundaries on where the road line is, "you would have to go the tax maps." There is no large scale map that shows that. Community Development Director Hendryx said staff would look into this and provide the best information they could., ' . Ms. Hamilton-Treick noted that the line shown down the middle of Beef Bend Road 'is news to all of us." Associate COUNCIL MINUTES -AUGUST~9, 2005 page 26 Planner Tracy said the line down Beef Bend Road is not the annexation line. Ms. Hamilton-Treick said then she is looking for an explanation. Ms. Hamilton-Treick said the Wilson Ridge property only has two homes on the two acres. She said those homes are being demolished and 14 homes will be built right on Bull Mountain Road. She said this development is not compatible with the existing neighborhood.. She said when she looked at the annexation line, she sees an area that is quite a distance from the other properties and also there is a very long easement - a long finger reaching down the back of these properties. She said she has been told that there has been a request to specifically remove this parcel from-annexation right now as a gesture of good will and as a gesture of hope for future discussions and negotiations. She said she.would like to reinforce that request that this particular parcel be removed from this process. Interim City Manager Prosser asked-who made the request? Ms. Hamilton-Treick said Washington County. Councilor Woodruff asked, "Washington County that it be removed from annexation:..". Ms. Hamilton-Treick said you might want to discuss.that with the Mayor.. Interim City Manager Prosser said he received a call last week from Washington County,Administrator Charlie. Cameron who indicated that County Chair Brian had proposed a deal to the Friends of Bull Mountain. Chair Brian was concerned that this would go against that deal. 'This is something the City is aware, of, and.the City has indicated they would be willing to talk about this, but until it became public knowledge and discussed publicly, the City would not sign off on any such deal. There has been no public discussion. Ms. Hamilton-Treick said she wanted to correct a statement and said that Washington County did not cut any deal with . the Friends of Bull Mou'ntain:. She said they did not speak for all the people of Bull Mountain, but they did initiate a discussion in an effort to resolve some of these issues once and for all with respect to "what our neighbors have asked for." , COUNCIL MINUTES- AUGUST 9, 2005 page 27 4. Alberta'Rider School/Summit Ridge Annexation City Recorder's Note: All opponents, on the testimony sign-in sheet for the Mountain View Estates annexation proposal, indicated their testimony applies to all annexations for Council Agenda Item 7 and their testimony is hereby incorporated by reference. No additional testimony was given. Mr. Radley,submitted some written testimony quoting the legal case he referenced earlier. Rebuttal Associate Planner Tracy acknowledge that annexation is an emotional issue for the residents-of Bull Mountain. To refine this hearing and concentrate on the applications he advised these are four requests that were initiated by.the property owners. He referred to the consents obtained by voters. These. applications do not . represent an aggressive attack on Bull Mountain. Associate Planner Tracy noted there were comments concerning the approved conditions of development approval and the appropriateness of requiring annexation with certain development applications. For Council's consideration, that comment is not relevant or ripe for these particular applications. The applicant or appellant could have raised those issues during the appeal, when the developments were, approved. Associate Planner Tracy said there was another comment regarding the change in the process for the annexation hearings. This was somewhat of an experiment to facilitate public testimony to. consolidate these hearings into one evening, so you would not have to come here multiple times and hear multiple presentations on the same issue. This also gives a broader perspective of all the annexations that are occurring in and around the same area. Associate Planner Tracy noted the .School District's application was prepared by the City to facilitate their ability to move into this school by October. He said the City understand's the type of constraints the School District is up against and the City is eager for them to open the school. The School District did not initiate the annexation application, but did sign the consent.. For that particular application and for a portion of Summit Ridge, the consent forms were signed by the property owners and, the City has initiated the application to facilitate their ability to get their plats through and move into the school. COUNCIL MINUTES -AUGUST 9, 2005 page 28 Associate Planner Tracy noted there was a question about the jurisdiction of Bull Mountain Road. and that will not change as a result • of the annexation. This would be handled through a different process between the County and the City. Associate Planner Tracy referred to the testimony regarding change in zoning. The zoning in the Bull Mountain area is R-7 and this change occurred in 1997, when the City began doing planning services for the urban services area. Associate Planner Tracy noted the Mayor was asked whether the City plans to continue to do annexation on Bull Mountain.. The City has had a policy in place since 1997/98 to annex property that develops when it is adjacent to city limits. Until that policy changes, the City plans to, continue annexation of'those properties that are developing. Associate Planner Tracy referred to Ms. Hamilton-Treick's testimony concerning Beaverton's actions to annex roads to create islands and how that created a stir with the State Senate. This is not what is being proposed here. The City is not extending cherry stems. There is a parcel on the Wilson Ridge Subdivision that looks like a cherry stem, but it is not a road nor is it right of way - it is part of the "parcel proper." The applicant has asked for the entire parcel to be annexed. Associate Planner Tracy. said the applicant for Wilson Ridge Subdivision might want to speak to the proposal for removal of one parcel as this was not represented in their application. 1 Associate Planner Tracy asked for the City Attorney to speak about the pre-condition of annexation on development.. City Attorney Ramis said there were three issues he noted that were legal in,nature:. 1. Whether the process being used affects -in some way the appeal procedure to LUBA? He said, "No, this is the same as any other hearing of this type. We simply, hopefully.tried to make it more convenient'for people to testify by combining in one hearing process the opportunity to testify. The Council will in the end consider the record, consider the criteria, make a decision, adopt. findings, and reduce those into writing in the same way that you do for any case'and do that individually for each of the applications.. So, those will be four separate actions, which can be appealed separately, just as if they were COUNCIL MINUTES -AUGUST 9, 2005 page 29 held on different nights if we conducted.the hearing process that way." 2. 'Whether the City had authority to conduct this proceeding without engaging in a double majority vote for the people inside and. outside of the City? The statutory language says the legislative body of the City need not call or hold an election in the City in any contiguous territory proposed to be annexed or hold other hearings that are required by statute when all'of the owners of the. land in the territory, and not less than 50 percent of the electors residing in the territory; consent in writing to the annexation., The question is how many people have consented who are owners and how many have consented who are voters? If these tests have been met, then there is no election required. 3. A question on the validity of the consents signed. The conditions that were imposed were imposed in other land use proceedings that were not appealed. Therefore; the imposition of those conditions became final and they are enforceable. We are all bound by them, because there has been no appeal. There is no opportunity after. 21 days to appeal them in separate proceedings. They are legally binding and required. City Attorney Ram is noted another question is: What is the meaning or the intent to the intergovernmental agreements r that exist with Washington County and is there authority in that process for conditioning projects? Those agreements are premised on the policy that these lands will be annexed by the City. Therefore, the action the City has taken with respect'to the conditions are fully in accord with those agreements. The policy of those agreements is that annexation take place and so we have implemented that policy through that condition. In the City's view, the actions taken are.not inconsistent with those agreements and are authorized by them. City Attorney Ramis said there is statutory'authority for consent agreements. When a City extends services, it can ask for annexation in return and that process is specifically authorized by statute. Community Development Director Hendryx noted there was an issue about leaving the record open. In reference to voters on Bull Mountain, he noted the City Council is certainly aware that the election'for Bull Mountain annexation was resoundingly defeated in COUNCIL MINUTES -AUGUST 9,,2005 page 30 unincorporated Washington County. Tigard voters were, in support of this continued action by the City; in excess of 60 percent of the Tigard voters were in support. Community Development Director Hendryx. referred to boundary irregularities and said the staff report addresses this. To look at the whole picture in the unincorporated area the City is continuing to annex areas and there will always be slight irregularities and over a period of time those will be consolidated and straightened out. Community Development Director Hendryx said there was a comment about notice not being given. The City followed the notice requirements; the site was posted. In response to a comment from Community Development Director Hendryx about notice within 500 feet, Associate Planner Tracy advised of a courtesy notice for property owners, but it is not a requirement of the Tigard code. Community Development Director Hendryx continued by saying that notice has been given and people are here tonight. With regard to park deficiency, Community Development Director Hendryx said the Council is well aware of the park deficiency on Bull Mountain. The.Park and Recreation Board (PRAB) has been charged with looking at addressing park needs for Tigard and in unincorporated areas, including Bull-Mountain. The PRAB will report their findings to the City Council. Community Development Director Hendryx said there was an issue with regard to zoning and 99W. Community Development Director Hendryx said that the City Council, next week,,would be having a briefing on County issue papers that the County has prepared. There is a potential moratorium on public facilities' strategy for unincorporated Bull Mountain. The issue papers address 99W, long-range planning, and long-range park planning for the area. Mayor.Dirksen said he encouraged interested parties who have not heard the contents of Washington County issue papers to come to this meeting to hear the presentation.by Washington County. City Attorney Ramis commented on the process. He noted there has been a request for a continuance to leave the record open for additional comments. By statute, the City is following the land use. procedures, so given that request, the City is obliged to honor it. He said his recommendation is to allow seven days for the submission of written comments. After that time, the City Council is to review the comments as well as the record that has been created. At that time, the City Council will deliberate and give direction to staff on the preparation of the ordinances. COUNCIL MINUTES -AUGUST 9, 2005 page 31 The next Council business meeting is August 23, 2005. Interim City Manager Prosser advised that the record will be left open for seven days, until the close of business, Tuesday, August 16, 2005. The staff will bring this back to Council on Tuesday, August 23. The process would be for the Mayor to close the public hearing. On August 23, 2005, Interim City Manager Prosser advised no additional testimony would be received. f. Motion by Councilor Sherwood that the Council keep the record open. for seven days for written comments and close the hearing.. Motion was seconded by Councilor Woodruff. Mayor Dirksen suggested an amendment to.the motion, that the decision will be considered on August 23, 2005. City Recorder Wheatley read the motion as amended for clarification: "Motion to leave the'record open for seven days to receive written comments, close the public hearing; and, the decision will be considered on August 23." The motion was approved by a unanimous vote of Council present: Mayor Dirksen: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Councilor Woodruff Yes Community Development Director Hendryx noted staff will send. out . all the comments on next Friday, August 19, 2005 in the Council's newsletter packet so the City Council will receive the information before the August 23, meeting. To clarify a question from Mayor Dirksen, City Attorney Ramis advised the City Council delay'its deliberation until it has seen all of the evidence. Mayor Dirksen said this will give the City an opportunity to formalize all the comments and to review. 8. COUNCIL LIAISON REPORTS: None 9. NON AGENDA ITEMS: None. 10. EXECUTIVE SESSION: Not held. COUNCIL MINUTES - AUGUST 9, 2005 page 32 11, ADJOURNMENT Motion by Councilor Wilson, seconded by Councilor Sherwood, to adjourn the meeting at-9:51 p.m. The motion was approved by a unanimous vote of Council present. Mayor Dirksen: Yes Councilor Sherwood: Yes Councilor Wilson: Yes Councilor Woodruff Yes Catherine Wheatley, City Recorde Attest: Mayor, City of Tigard Date: of hadm%cathykcmt2005%050808.doc . 1 COUNCIL MINUTES -AUGUST 9,2005' page '33 0 Revised 8/4/05; 8/9/05 _ Remove Consent Agenda Item 3.3b for separate dkr, gdnn set over to 8/23/05 TIGARD CITY COUNCIL MEETING AUGUST 9, 2005 6:30 p.m. CITY OF TIGARD OREGON TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing,to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items, are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. . Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2.410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons With speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled With outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,.--ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for.the.Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 9, 2008 page 1 AGENDA TIGARD CITY COUNCIL'MEETING AUGUST 9, 2005 6:30 PM STUDY SESSION • EXECUTIVE SESSION: The Tigard City 'Council will go into' Executive Session to . consider employment of a -public officer, employee, staff' member or individual agent and pending litigation under ORS 192.660(2)(4)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8T Local Contract Review Board 1.2 Roll Call .1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items' 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) ■ Receive Testimony - Sign-In Sheet for Citizen Communication ■ Follow-up to Previous Citizen. Communication Consent Agenda to be reviewed by Rob Williams. Mayor to advise item 3.3b to be set over to August 23, 2005. 7:40 PM 3.. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may. request.that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for July 12, and 19; 2005 3.2 Receive and File: COUNCIL AGENDA - AUGUST 9, 2005 page 2 a. Council Calendar b. Council Meeting Tentative Agenda Note: Item 3.3b. below shall be'removed from the Consent Agenda and placed on the August 23, 2005, Council Agenda 3.3 Local Contract Review Board:. a. Award Contract to Brix Paving for the Construction of the FY 2005- 06 Pavement Major Maintenance Program (PMMP) - Phase 1 h A I Ithnrl9C Deirv~ urcnrv~nnt to Venture Drnnnrtin~ for 1A/a t inn v: rccrcrrvrrc~ruThrough r-cement tr vp Pr-epcrtles for -arc me Conscoon Ridge 'Subdi vision PeyeInn►rnnt • Consent Agenda Items Removed for Separate Discussion:, Any items requested. to be removed from the Consent Agenda for separate discussion will be considered immediately after the, Council has voted on those items which do not,' need - discussion. 7:45 PM 4. METRO COUNCILOR 'r' HOSTICKA TO PRESENT INFORMATION . ON METRO'S OPEN SPACES, TREASURED PLACES CELEBRATION, Staff Introduction: Community Development Department COUNCIL AGENDA - AUGUST 9, 2005 page 3 1 8:00 PM 5. SET OVER TO THE AUGUST 23, 2005, CITY COUNCIL MEETING THE CONSIDERATION OF THE FINAL ORDER REGARDING THE APPEAL OF CONDITIONAL USE PERMIT FOR THE TIGARD FIRST 'BAPTIST CHURCH EXPANSION ITEM ON APPEAL: On April 251, 2005 the Tigard Hearing's Officer held a public hearing to consider an-application for conditional use approval to construct a 22,500 square foot expansion of the existing church and. associated' parking in three phases. As part of Phase 2,, the applicant proposed to relocate the existing driveway on SW Gaarde Street. The' Hearing Officer adopted findings approving the Conditional Use Permit and Sensitive, Lands, Reviews and denied the requested Adjustment to the access spacing standards., An appeal was filed on May 25, 2005 by the owner and applicant, on the basis that the Hearing's Officer misconstrued the applicable law. More specifically, the, appellant's argue that the Hearing, Officer's decision failed to balance the approval criteria. LOCATION: 11075 SW Gaarde Street; WCTM 2S 103DC, Tax Lot 1100. ZONE: - R-3.5: Low-Density Residential District. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.370 and 18.705. a. Summation by Community Development Staff b. Council Consideration: Motion. to Set over Consideration of the Final Order Appeal- of Conditional Use Permit for the Tigard First Baptist Church Expansion 8:05 PM 6. INFORMATIONAL PUBLIC HEARING.' FORMATION OF SANITARY SEWER REIMBURSEMENT'DISTRICT NO. 35 (SW ASH AVENUE) . a... Open Public Hearing b.' Summation by Engineering Staff. c. Public Testimony d. Staff Recommendation e. Council Discussion f: Close. Public Hearing g. Council Consideration: Resolution No: 05- 51 Councilor: 1 move for adoption of the proposed Resolution 05-'51. Councilor: I second the motion. COUNCIL AGENDA -AUGUST 9, 2005 page 4 Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested) . RESOL UTION NO. 05-51 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 35 (SWASHA VENUE). Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05-51, please say "aye. " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05- 51 , please say "nay. " . Mayor/Councilors: Mayor: Resolution No. 05-51 (is adopted or fails) by a (unanimous,. or .however votes were split) vote. Tie votes = failure to pass COUNCIL AGENDA- AUGUST 9, 2005 page 5 The following to be read by Community Development Staff: 8:15 PM' 7.1 PUBLIC HEARING ; (QUASI-JUDICIAL) TO CONSIDER ANNEXATION OF" THE FOLLOWING FOUR PROPERTIES: FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2004-00004 . FILE TITLE: MOUNTAIN VIEW ESTATES SUBDIVISION ANNEXATION REQUEST: The applicant is requesting to annex two'(2) parcels of land containing 6.94 acres into.the City of Tigard. LOCATION: 12415 SW Beef Bend Road, WCTM 2S 1 l OCB, Tax Lot 500; and (No site address), WCTM 2S 11 OCB, Tax Lot 100. FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00001 FILE TITLE: ARLINGTON HEIGHTS 3 SUBDIVISION ANNEXATION . REQUEST:. A request to annex three (3) parcels of land containing 16.97 acres into the City of Tigard. . LOCATION: On the north side of SW Beef Bend Road and the southern terminus-of SW Summerview Drive: WCTM 2S 109DA, Tax Lot 2100; and 2S 1 I OCB, Tax Lots. 600 and 700. FILE NO:: ZONE CHANGE ANNEXATION (ZCA) 2005-00002 FILE TITLE: WILSON RIDGE SUBDIVISION ANNEXATION REQUEST: A request to annex two (2) parcels of land containing'2.68 acres into the City of Tigard: LOCATION: 13350 and 13400 SW Bull. Mountain Road; WCTM 2S 109AC, Tax Lots 100 and 200. FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00003 FILE TITLE: ALBERTA . RIDER SCHOOL/SUMMIT RIDGE SUBDIVISION , ANNEXATION REQUEST: Annexation of'56 parcels. containing approximately 20.75 acres into the City of Tigard. LOCATION: Alberta Rider School: WCTM 2S 109AC, Tax Lot 2100 and 2S 109AD; Tax Lot 1.300; and Remaining Portions of Summit Ridge Subdivision: WCTM 2S109DA, Tax Lots 8500, 8600, 8700, 8800, 9400, 95001 9600, 9700, 9800, 9900, 10000, 10100, 10200, 10300, 11500), 11600, 11700, 11800, 1.1900, 12000, 12100, 12200, 12300, 12400, 12500, 12600, 12700, 12800, 12900, 13000, 13400 and 13500, and WCTM 2S 109DB, ; Tax Lots 1000, 1900, 2100, 2200, 2300,. 2400,.2500, 2600, 2700, 2800, 2900, 3000, 3100, 3200; 3300, 3400, 3500; 3600, 3700; 3800, 3900 and 4000. . ZONING OF ALL PARCELS: R-7: Medium-Density Residential District: The R-7 zoning district ..COUNCIL AGENDA - AUGUST 9, 2005 page 6 is designed to accommodate attached single-family homes, detached single-family homes with or. without accessory residential units, at a minimum lot size of 5,000 square, feet, and duplexes, at a minimum lot size of 10,000 square .feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval . standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code.Chapter 3.09. a Mayor Dirksen: Open Public Hearing b. CityAttorney: Rules of Procedure C. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to. hear this matter or is there a challenge on the participation of any member of the Council? d. , Staff Report: Community Development Department e. Public Testimony Note: Les and Ellen Godowski testimony received, which will be entered into the record. Sign-in sheets have been provided for each annexation proposal. Note:. People who sign in to testify might wish to have their testimony to apply to all four annexation proposals. The testimony sign-in sheet for the first annexation to be considered, Mountain Estates Subdivision, has a box for people to check if they wish to have their testimony apply to all four annexation proposals and the record will so indicate. 1. Mountain Estates Subdivision Annexation Applicant Proponents Opponents Rebuttal 2. Arlington Heights 3 Subdivision Annexation Applicant Proponents Opponents' Rebuttal COUNCIL AGENDA - AUGUST 9, 2005 page 7 3. Wilson Ridge Subdivision Annexation Applicant Proponents Opponents Rebuttal 4. Alberta Rider School/Summit Ridge Annexation Applicant Proponents r Opponents Rebuttal' f. Staff Recommendation g. Council Discussion h. Close Public Hearing i. Council Consideration:. Ordinance 05-09,, 05-10,.05-111 05-12 City Attorney's office recommends an amendment to each of the ordinances; therefore, if Council decides to vote. on the ordinances, the Attorney recommends the following two- step procedure for each ordinance: First: Amend the Ordinance - Consider amendment for. each annexation separately: Councilor: I move to amend the proposed ordinance approving the (say only one from list below.- this will. take four separate motion for City Council consideration) 1. Mountain View Estates Annexation 2. Arlington Heights 3 Annexation 3.. Wilson Ridge Annexation 4. Alberta Rider Elementary School Summit Ridge Annexation by adding the following language to Section 1 of the ordinances "The Council adopts the staff report as findings and further adopts the document entitled "Supplemental Finding Concerning Compliance with ORS Chapter 222 as., additional findings. Councilor: I second the motion Mayor: Will the City Recorder please conducta roll call vote of Council. COUNCIL AGENDA - AUGUST 9, 2005 page 8 City Recorder: Conducts a Roll Call vote. Mayor: The motion passes/fails by unanimous (or however votes were. split) vote of City Council, present. ` Second: Consider the each ordinance separately as amended: Councilor: I move for adoption of the proposed Ordinance, :as amended, approving the (say only one from list below - again, this will need..4 separate actions): 1. Mountain View Estates Annexation- Ordinance No. 05-09 2. Arlington Heights 3 Annexation - Ordinance No. 05-10 3. Wilson Ridge Annexation Ordinance No. 05-11. 4.' Alberta Rider Elementary School-Summit Ridge Annexation - Ordinance No. 05-12 Councilor: I second the motion. Mayor:' Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) (Ordinance titles are listed below) Mayor: Is.there any discussion.? Mayor. (after discussion). Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call, vote. Mayor: Ordinance, No..05- (is approved or fails) by w (unanimous or however votes were split) vote. Tie, votes = fail Ordinance No. 05 - 09 (Mountain Estates Subdivision Annexation) An Ordinance Annexing 6.94 acres, approving Mountain View Estates Annexation (ZCA 2004-00004), and withdrawing property from the Tigard Water District, 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, as amended. Ordinance No. 05- 10 (Arlington Heights 3 Subdivision Annexation) An Ordinance Annexing 16.97 acres, approving Arlington Heights 3 Annexation (ZCA 2005-00001), and withdrawing property from the Tigard Water District, 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, as amended. COUNCIL AGENDA AUGUST 9, 2005 page 9 Ordinance No. 05- 1 1 (Wilson Ridge Subdivision Annexation) An Ordinance Annexing 2.68 acres, approving Wilson Ridge Annexation (ZCA 2005- 00002), and withdrawing property, from the. Tigard Water District, 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, as amended. Ordinance No. 05- 12 '(Alberta Rider School/Summit Ridge- Annexation) An Ordinance,Annexing 20.75 acres, approving Alberta Rider Elementary School/Summit Ridge Annexation (ZCA 2005-00003), and withdrawing property from the Tigard Water District, 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, as amended. 9:45 PM 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive' Session. If. an,, Executive Session is called-to,order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing.from the Session., Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed: No Executive Session.'may, be held for the purpose of taking any final action or making any. final decision. Executive Sessions are closed to the public. 10:00 PM 11. ADJOURNMENT Motion to adjourn:..: I:\Bdmkathytcm\2005X050809).doo COUNCIL AGENDA- AUGUST 9,2005' page 10. AGENDA TIGARD CITY COUNCIL BUSINESS MEETING August 9, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY.SESSION • 'EXECUTIVE SESSION: The Tigard City Council wilFgo into Executive' Session to consider employment of a public officer, employee, staff member or individual agent and. pending litigation under ORS 192.660(2)(a)(h). All discussions are confidential and those present may,disclose nothing from the Session. Representatives -.of the, news media • are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking. any final action or making any final decision. Executive Sessions are closed to -the public. ADMINISTRATIVE ITEMS Procedural Review for the Quasi-judicial Hearing (Agenda Item No.'7) - Procedures are outlined on the Council Agenda copied on the green paper. Note: The City Attorney is recommending an amendment to all four ordinances. o Attached 'is written testimony received by e-mail on August 9, 2005, from Les 'and Ellen Godowski, 14630 SW 139`,h Avenue, Bull Mountain, Oregon. • August 18 Meeting with Senate Environmental and Public Works Staff (See attached e-mail communication to Liz Newton.from Norman Penner) • Council Agenda Revised - Mayor Dirksen requested. Consent Agenda Item 3.3b. be set over to August 23, 2005. • Council Calendar: o 'August 16 Council Workshop Meeting - 6:30 p.m. - Town Hall o August 23 Council Business Meeting 6:30 p.m. - Town 'Hall o August 30 5`'' Tuesday Council Meeting - 7-9 p:m. - Tigard Water Auditorium Executive Session - The Public Meetings Law authorizes governing bodies to meet in'executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2), (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property, transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving; matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660,.(2).(i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment- related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The.standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings'open to the public. in which there has been an opportunity for public comment. 192.660 (2).(j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or, businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660-(2) (1)- Relates to State Landscape Architect Board. 192.660 (2)'(m)- Relates to the review and approval of programs relating to security. iAadm\ athytcounc8ipink sheet - study session agendast2005t050809.doc Cathy Wheatley = Re: Public Hearing Testimony on Annexation of Four Properties Page 1 From: Cathy Wheatley To: Craig Dirksen;; Ellen'Godowski; Nick wilson; Sally Harding; Sydney sherwood; Tom Woodruff Subject: Re: Public Hearing Testimony on Annexation of Four. Properties To: Les and Ellen Godowski '-.Receipt of your e-mail is hereby acknowledged. I will present'it to the Council for the record at tonight's hearing. Cathy Wheatley City Recorder "Ellen Godowski" <norriture@earth Iink. net>.8/9/2005 1:04:01 PM Dear Mayor Dirksen and City Council Members, Please accept this e-mail in lieu of our testimony at your council meeting tonight, August 9, 2005, in regard,to Agenda Item No. 7. Public Hearing (Quasi-judicial) to Consider Annexation of the Following Four Properties. . In November of 2004, after multiple conversations with City of-Tigard officials, the residents of the unincorporated area of Bull Mountain-voted to not become a part of the City of Tigard. This was a clear majority, with about 90 percent of the voters saying "No" to the proposition. Following this.vote, residents of Bull Mountain, along with others . throughout the state of Oregon, workedto.pass legislation to'assure all Oregonians a fair and democratic vote as to their chosen government. House Bill 2484 clarifies annexation laws, giving those who are the target of future ORS 195 annexation attempts'an equal voice in the annexation process. House Bill 2722 revokes the right of cities to veto incorporation of a new city within three miles of its borders. Both of these bills, which were signed by Governor Kulongoski, go into effect on January 1, 2006, The basic idea behind both of these laws is to respect the wishes of the citizens of the affected areas. As you consider. the requests for annexations in front of you tonight,, we ask that you respect the wishes of the citizens of the Bull Mountain community who have already spoken and said "No.". We also ask you to consider the adverse affect the annexation of the four areas under consideration will have on the area's residents. If the city annexes these properties, the homes and neighborhoods east of. 133rd Avenue will become islands; which; the City can annex without a vote, regardless of the~wishes of the. residents in those areas. The door will also be closing on residents in the southeast section of Bull Mountain, north.of Beef Bend Road and directly across from King City for keeping their options open to participate in the formation of a new city or community district, or to be included in King City's future area of interest. As Bull Mountain residents, we want the same rights the citizens of the Tigard area had back in 1961 when they decided to come together and incorporate as a city. Those individuals had the opportunity and right to form a government of their design, without being forced to become part of Portland or Beaverton. Residents of Bull Mountain have stood strongly together since the development of the, Bull Mountain' Community Plan in 1983.. We have a history' as a community and want to keep it intact as we determine our future together. Please do not divide us against our wishes with the annexation of the Mountain View Estates Subdivision, Arlington Heights 3 Subdivision, Wilson Ridge Subdivision or.the Alberta Rider School/Summit Ridge Subdivision. To the City of Tigard, these subdivisions may only represent a. Cathy Wheatley - Re: Public Hearing Testimony on Annexation of Four Properties Page 2 larger tax base or additional tax dollars. But to the residents of Bull Mountain, these areas represent a substantial portion of our community. As part of our community, we should have the opportunity to decide their future. The vote in November 2004 clearly established that our plans did not include annexation by the City of Tigard. Our actions after that vote continue to demonstrate that we do not consider ourselves part of Tigard. We are proactively taking steps to secure our future, independent of the City. So, at this time, we ask you to respect the wishes of the Bull Mountain community and allow us time to develop our plans for our future. We ask you to help us "retain our community" by voting "No" on each of these annexations tonight. Respectfully submitted, Les and Ellen Godowski 14630 SW 139th Avenue Bull Mountain, Oregon Liz'Newton'.- Aug. 18 meeting with Senate Staff: Page 1; ~U From: "Norman Penner".<normpenner@comcast.net> To: <Liz@ci.tigard.or.us> Date: 814/2005 10:40:25 AM Subject: Aug. 18 meeting with Senate Staff. Liz, after leaving you a message inviting the Mayor to a meeting with the Senate Environmental & Public Works staff I also called Craig Prosser. In explaining the purpose of their visit to Oregon I read to him-a couple paragraphs from an email we had received from the coordinator of their Oregon trip. Craig suggested I. provide. you with the content of those paragraphs so you could include'them in an informational packet you provide the councilors so that they might have a sense of the purpose of their visit. "....the staff just don't want to drive around and look at things. They like to do things, walk and see things, touch and feel. They do want to know what your issues are especially as they may relate to transportation issues'but you don't have, to limit your presentations to that. They do like handouts, things to read and keep. 'They ...(want to) hear your volunteers speak, listen'to the chamber of commerce/tourism folks, etc. If you are working with other federal agencies, state agencies, local groups, friends, partners, etc., and there is an appropriate topic to bring in the other people, please feel free to do so. If you have any issues that could potentially get elevated up to.congressional review, be sure to tell them while they are visiting." The,Friends and the Refuge Staff hope that Tigard will be able participate. The current schedule is•for them to arrive at the Refuge between 2:00 and 2:30 on the 18th and will be there until about 5:00. I'll provide more detailed information as it becomes available. Norman Penner President Friends of the (Tualatin River) Refuge (503) 579-5822 or cell (503) 504-4814 'Cl I DJ It No. I. For Council Newsletter dated 5 O S. MEMORANDUM TO:. Local Contract Review Board FROM: Brian-Rager, Assistant Public Works Director RE: August 9, 2005 Council Meeting, Item 3.3b, Consent Agenda Reimbursement to Venture Properties for.Watedine Construction DATE: August 3, 2005. Since the Agenda Item Summary and Memo related to this issue were. submitted for the Council packet, Staff met with Venture, Properties staff to discuss'the reimbursement amount. As it turns out, Staff overlooked a detail related.to the original condition of approval (Condition #29, SUB 2003-00009) wherein the City indicated that the portions of the 18-inch waterline that did not serve their development would be fully reimbursable. When Staff wrote the findings and the condition for the SUB 2003-00009 land use decision, ..they indicated that any portion of the 18-inch waterline not within the 550-foot pressure zone within the development would be reimbursed at 100%: Unfortunately, Staff was.mistaken in how this was written. If Staff were. to write those findings and condition today, `it would be. written differently, as the waterline must pass through the upper pressure zone of the development to reach the 550=foot zone section. Thus ff written today, the City would only pay an upsizing cost. Because of the way the findings and Condition #29 were written, the 'City will need to honor the condition as written and pay Venture as follows: • Reimburse them 100% for the portion of the waterline above the 550466t pressure zone. • Pay the upsizing amount (difference between an 8-inch line and an 18-inch line) for the portions of the 18-inch line within the 5507foot pressure zone. The total value of the reimbursement owed to Venture Properties is $124,665.06.. Both Staff . and Venture agree that this is the appropriate amount; based upon the language of the findings and Condition #?9. This reimbursement'amount can still be paid out of the FY 04/05 budget, as indicated in. the Agenda Item Summary. And the fund balance in the Water SDP Fund is more, than adequate to accommodate this amount.. Since this item was on the Consent Agenda, it will be pulled for discussion so. Staff can advise the LCRB of the changes. iApwlcouncl packets12005=0905\Venture Properties\0800905-CC Memo-Revision AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE AUGUST 9,2005- (Limited to 2 minutes or less, please) Please sign on the appropriate-sheet for-listed agenda items. The Council 'wishes. to hear from you on other issues not on the agenda, but asks that'you first try to resolve your concerns, through staff. Please contact the City Manager prior to the start of the meeting. Thank you. This is a City of Tigard public meeting, subject to' the State of Oregon's public meeting and records laws. A// written and oral testimony, become part of the pub/ic record and is open/y availab/e to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will he included in the meeting minutes, which is a pub/ic record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED c3~S' Sw t S (FAl, So 1~ of S>zzy 4--- , w .a'q~ r .5-Sw 1-7 3 ' y CITIZEN. COMMUNICATION Page 1 CrMS...follow-Up i"foo"atio" for Mou for the AUSUst 9, 2005 CUM Cou"C11 meefl" ' . Citizen Communications For follow-up on August 9 referencing the July 26 communications received: ■ Gretchen Buehner, 13249 SW 136th Place, Tigard OR 97223 testified. that Washington County does not intend to do upgrade or repairs on roads. She suggested that since the City has annexed areas on Bull Mountain up to 133`d Avenue, the City should consider acquiring ownership of Bull Mountain Road from 99W to 133`d Avenue so it can be brought up to City standards. The Mayor advised that this was something to consider and said this should be brought up during the capital improvement process later this year... Interim City Manager Prosser suggested this might be a topic for discussion with County officials who are scheduled to attend the August 16; 2005, City Council meeting to review the issue papers prepared for Bull Mountain. ■ John Frewing, 7110 SW Lola Lane, Tigard, OR 9.7223 advised he had two issues: 1. A junkyard located at.74th and Cedarcrest -,Mr. Frewing said that after years of neighborhood complaints; neighbors came to the City Council on November 30 and-asked for - enforcement action. Mr., Frewing referred to a decision by the Municipal Judge in April. The imposition of a fine, was delayed. 30 days and then delayed again for another 30 days. Mr. Frewing said he will not be able to attend the August Fifth Tuesday meeting and he wanted-to make sure the City Council knows the situation persists. Mr. Frewing asked fora' response to the most recent a-mails to the City asking why the City has not yet compiled the compliance'history on this situation. Mayor Dirksen said he has requested information from staff. The Mayor advised he understands the Court has found the property owner in violation of the Code, which has resulted in fines and imposition of a compliance date. In response to a question from Mayor Dirksen, Interim City Manager Prosser advised that it was his understanding that the Judge has ordered the property owner to come.into compliance. and set a deadline. The property owner continues to show progress towards compliance, so the Judge has extended the deadline. Mayor Dirksen commented that he was`surprised that the Judge granted another extension since this has already been tried; however, this is the Judge's prerogative.. Mr. Frewing said he wondered whether the Code has ever been enforced "in this area." 2.. Mr. Frewing noted his,second issue relates to annexation. He said that people from Bull Mountain have complained that the City has not looked after them in past years. He said the ' same thing exists in the Metzger area. He referred to'the Washington County-City of Tigard Intergovernmental Agreement that calls for each entity to review developments in the areas of interest, Bull Mountain and Metzger. He reported there will be public hearings in the coming weeks on a development at 82"d and Cedarcrest. He asked the City Council to direct staff to review the development carefully to see that it'serves the interests of Tigard. Mr. Frewing said Tigard has an interest because that area will be eventually annexed to Tigard and the right, thing for Tigard to be doing now is to be,keeping its eyes open and looking out, making sure the Washington County approvals there make that area decent when the time comes to annex Metzger..." He said he was specifically interested in making sure that the Washington County approval provides foe the Ash Creek trail to. go through this area. I:tadmlcathy =n cltlzen communication follow up\chlzen comm -july 26.doc ' . MEMORANDUM Administration CITY OF TIGARD Shaping A Better Community TO: Honorable Mayor and City Council Agenda Item No. 3,010., For Agenda of August 9, 2005 FROM: Cathy Wheatley, City Recorder DATE: August 2, 2005 SUBJECT: Three-Month•Council Calendar Regularly scheduled Council meetings are marked with an asterisk August 9* Tuesday Council Business Meeting - 6:30 pm, Town Hall . 16* Tuesday Council Workshop Meeting _ 6:30 pm, Town Hall 23* Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Tuesday 5th Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium September 11 . Sunday City's Birthday - 44th 11-18 Sun-Sun Family Week Celebration 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday. Council Workshop Meeting - 6:30 pm, Town Hall 22 Thursday Citizen Leadership Series - 9 Sessions, Thursday evenings 27* Tuesday. Council Business Meeting- 6:30 pm, Towri.- Hall 30 Friday Council'Strategic Planning Retreat - Noon, 10305 SW 87th Avenue, Tigard, Oregon October 11 * Tuesday Council Business Meeting'- 6:30 pm, Town Hall 18* Tuesday Council Workshop Meeting'- 6:30 pm, Town Hall 25* Tuesday Council Business Meeting - 6:30 pm, Town Hall is\adm\city council\3-month calendar word format.doc 3-Month Council Calendar - August to,October 2005 AGENDA ITEM # a b, Tigard City Council Tentative Agenda 2005 FI`0 AGENDA OF a q - O S Meeting Date: August 16, 2005 Meeting Date: August 23, 2005 Meeting Date: August 30, 2005 Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Special/ 7-9 p.m. Location: City Hall Location: City Hall Location: Tigard Water Auditorium Greeter: Greeter: Greeter: Materials Due @ 5: August 2, 2005 Materials Due @ 5: August 9, 2005 Materials Due @ 5: Bid Opening Deadline: August 1, 2005 Bid Opening Deadline: August 8, 2005 Bid Opening Deadline: Scan Deadline @ noon: July 29, 2005 Scan Deadline @ noon: August 5, 2005 Scan Deadline @ noon: Req to Sched Due @5: July 15, 2005 Req to Sched Due @5: July 22, 2005 Req to Sched,Due @5: Televised: No Televised: Yes Televised: No Attorney Attends: No Attorney Attends: No Attorney Attends: No Study Session Councilor Harding absent. Exec.Sess. - Possible Ppty Foreclosure - Tom - 20 min. Executive Session - City Manager Recruitment - Exec. Sess. - City Mgr. Recruitment-Sandy 10 min Sandy - 20 min. City Attorney - Scope of Services Review - 10 min. FIFTH TUESDAY National Incident Management. System and Office Time Available: 45 min . Confirmed - Stacie Yost will facilitate Office of Consolidated Emergency Manage- Scheduled: 40 min 5 min left ment Update Consent Agenda (Placeholder - More information to be coming.) City Center Advisory Committee Appts. - Dennis/Mike L. - 30 min. per Mike L. RES - Jim H. Fanno Creek Park Master Plan Update - Dennis/ Withdrawal of Railroad Crossing Application - Gus Dan - 15 min MTIP - Funding in Reserve in Lieu of Greenburg 2005 LOC Awards Program - Liz - 10 mini. Road Project (Need RS for 2 topics above) Discussion on Consideration of Amending 5 min TMC 3.24.090 - to Clarify When SDC Fees Business Meeting are Assessed - Jim - 30 min. Proclaim September - National Alcohol & Drug Provide Input on Washington County Issue Addiction Month - Joanne - 2 min Papers - Jim - 45 min Proclaim September 16, 2005 as Stepfamily Day - Update of County 2000 Plan - Jim 15 min. Joanne - 2 min Introduction - New Tigard Chamber of Commerce Executive Director Jeremy Monlux and President Pam Brown - Bill D. - 20 min. Update on Library Operations - Margaret - 15 min. First Baptist Church Final Order - Jim - 10 min. (Need Request to Schedule) Time Avail.: 200 min. - Time Sched.: 165 min Time Avail.: 135 min. - Time Scheduled: 49 min Time Left 35 min. Time Left: 86 min. 8/2/2005 1 Tigard City Council Tentative Agenda 2005 Meeting Date: September 13, 2005 Meeting Date: September 20, 2005 Meeting Date: September 27, 2005 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: August 30, 2005 Materials Due @ 5: September 6, 2005 Materials Due @ 5: September 13, 2005 Bid Opening Deadline: September 20, 2005 Bid Opening Deadline: September 5, 2005 Bid Opening Deadline: September 12, 2005 Scan Deadline @ noon: August 26, 2005 Scan Deadline @ noon: September 2, 2005 Scan Deadline @ noon: September 9, 2005 Req to Sched Due @5: August 12, 2005 Req to Sched Due @5: August 19, 2005 Req to Sched Due @5: August 26, 2005 Televised: Yes Televised: - No Televised: Yes Attorney Attends: Yes Attorney Attends: No Attorney Attends: No Study Session Study Session Executive Session - Feedback on Possible Ppty. Meeting with IWB - Dennis K. - 20 min Foreclosure - Tom - 10 min. 1-5/Hwy 99 Connector Information Briefing Mgt. COLA & Compensation 101 - Sandy - 30 min and Discussion - Gus - 20 min. Discuss Strategic Planning Mtg - Craig - 5 min Proposed 79th Avenue Local Improvement Dist. Time Available: 45 min - Discussion of Options - Gus - 25 min. Scheduled 45 min 0 min left Application of Public Facility Standards in Consent Agenda Development and Capital Improvement Program Consent Agenda Award Contract - FY 2005-06 Storm Drainage Projects - Gus - 20 min Major Maint. Program - Gus Graphic Identity/Branding Design Concept Award Contract - Ash Ave. Sanitary Sewer Reimb Discussion - Liz - 60 min Dist No. 35 - Gus E-Mail Procedures (Need Request to Schedule) Tom - Est 15 min. 5 min Business Meeting Business Meeting - Proclaim September 17-23, 2005, as Constitution Proclaim Oct. - Disability Employment Awareness Week - Joanne - 2 min Month - Joanne - 2 min Review and Adopt Resolution Accepting the Tigard'Downtown Improvement Plan = Jim,60 min Introduction of Indonesian Delegation - Margaret - 10 min. Annual Police Report - Bill D: - 30 min. - (Need Request to Schedule) Time Avail.: 135 min. - Time Scheduled: 2 min Time Avail: 200 min. - Time Scheduled: 160 min. Time Avail.: 135 min. - Time Scheduled: 102 min Time Left: 133 min. Time Left: 40 min. Time Left: 33 min. .8/2/2005 2 Tigard City Council Tentative Agenda 2005 Meeting Date: September 30, 2005 Meeting Date: October 11, 2005 Meeting Date: October 18, 2005 Meeting Type/Time: Retreat/12:00 PM Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: 10305 SW 87th Ave Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: September 16, 2005 Materials Due @ 5: September 27, 2005 Materials Due @ 5: October 4, 2005 . Bid Opening Deadline: September 15, 2005 Bid Opening Deadline: September 26, 2005 Bid Opening Deadline: October 3, 2005 Scan Deadline @ noon: September 12, 2005 Scan Deadline @-noon: September 23, 2005 Scan Deadline @ noon: September 30, 2005 Req to Sched Due @5: August 19, 2005 Req to Sched Due @5: September 9, 2005 Req to Sched Due @5: September 16, 2005 Televised: No Televised: Yes Televised: No Attorney Attends: No Attorney Attends: Yes Attorney Attends: No Study Session COUNCIL STRATEGIC PLANNING RETREAT Consent Agenda Business Meeting Proclamation - Make a Difference Day - Joanne Need request to Schedule: Jt. Meeting with Senior Center - Loreen 30 min? Time Avail.: 135 min. - Time Scheduled: 2 min Time Avail: 200 min. - Time Scheduled: 30 min. Time Left: 133 min. Time Left: 170 min. 8/2/2005 3 AGENDA ITEM # ../3r 3.~ FOR AGENDA OF August 9, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of the FY 2005-06 Pavement Major Maintenance Pro am MMP - Phase 1 PREPARED BY: Vannie N DEPT HEAD OK: Agustin P. Duenas CITY MGR OK: Crai rosser ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for construction of the FY 2005-06 Pavement Major Maintenance Program (PMMP) - Phase 1? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Brix. Paving in the amount of $216,067.79 and authorize an additional amount of $21,606.78 to be-reserved-for contingencies as the project goes through construction. INFORMATION SUMMARY. The Pavement Major Maintenance Program (PMMP) is a yearly program of corrective and preventative maintenance on all streets in Tigard. When applied early, preventative maintenance treatments:used as part of a pavement preservation strategy will cost less than the reconstruction and rehabilitation of streets 1hat•are allowed to deteriorate. The City has been active in implementing the pavement major maintenance program and as a result, has experienced a good return on maintenance investments. Staff has monitored and evaluated the pavement conditions after the treatments have been applied and has formed'the following general conclusions: pavement life is extended, traffic safety is improved, and motorists are satisfied because of good riding quality. The FY 2005-06 PMMP is divided into two phases: Phase 1, which is this project, covers the paving work on the following eleven (11) streets; Phase 2 .is scheduled to be. constructed in the spring of 2006: 1. 661h Avenue (south of Taylors Ferry Road) 2. 109th Avenue (north of Naeve Street) 3. Murdock Street (between 103'a and 97th Avenue) 4. 98`h. Avenue (between Sattler and Murdock Street) 5. Alberta Street (west of 121 s` Avenue) 6. James Street (west of .1215` Avenue) 7. 124`.h Avenue (west of 12151 Avenue) 8. Marion Street (west of 1215` Avenue) 9. Thorn Street'(east of 80`h Avenue) 10. Spruce Street (west of Hall Boulevard) 11. 89`h Avenue (south of Spruce Street) ' This project was advertised for bids on July 12, 2005 and July 14, 2005 in the Daily Journal of Commerce and Tigard Times respectively. No-project addendum was issued for the project. The, bid opening was conducted on July 26, 2005 at 2:00 PM and the bid results are., Brix Paving Tualatin, OR $216,067.79 KF Jacobsen & Co. Portland, OR $259,042.10 Eagle-Elsner Tigard, OR ' $261,409.80 Morse Bros Sherwood, OR $276,543.30 Engineer's Estimate $289,000 Based on the bids submitted, the lowest responsive bid of $216,067.79 submitted by Brix Paving appears to be reasonable. Staff recommends approval of the contract award plus ten percent contingency amount of $21,606.78 to be used as necessary for unforeseen situations that may arise during construction. The total amount authorized for this,project is therefore $237,674.57. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND•ACTION COMMITTEE STRATEGY N/A ,?'ATTACHMENT LIST Project location map FISCAL NOTES This project is 'furided in the amount of $635,000 'in the FY 2005-06 CIP Street Maintenance Fee Fund. This amount is sufficient to award the contract of $216,067.79 to Brix Paving. kkerg12005-2008 fy dp%pmmp.20o5Vhase lkoundt. phase 1V6&05 fy 6S08 pmntP Phase 1 contract award aisdoc ' FY 2005-06 PAVEMENT. MAJOR MAINTENANCE PROGRAM PAVEMENT OVERLAY - PHASE 1 66TH, 89TH, 98TH, 109TH & 124TH AVENUES & ALBERTA, JAMES, MARION, MURDOCK, SPRUCE & THORN STREETS Q MURDOCK STREET. nwi JAM AM N SPRUCE ST ScHm THORN ST ROAIJN ll I I - Q BOTH AVE e:. .108TH AVE N o ; ' o ar'a"v. - s o Q • ~F~r ~ N m SATMER ST _ 88TH AVE I 2~ PAfFLE _ Wh ALBERTA ST ~ FERRY 'ROAD e • Q5 . , N P JAMES ST N N Q Q 124TH i4 VE BETH AVE MAR/ON ST AGENDA ITEM # 33 b FOR AGENDA OF August 9, 2005 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Reimbursement to Venture Properties for Waterline Construction • • 17K PREPARED BY: Brian Ramer . DEPT HEAD OK -K- CITY MGR OK ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the LCRB authorize the reimbursement of funds to Venture Properties for the construction of a large diameter' transmission waterline through the Summit Ridge Subdivision development? STAFF RECOMMENDATION Staff recommends the LCRB authorize the reimbursement of $86,501 to Venture Properties. INFORMATION SUMMARY Section 10.070.C of the LCRB Rules provides that when a developer is required by condition of approval in a land use action to construct public improvements, the City can consider the developer a sole source and is not required to bid the work in a competitive process. Venture Properties was conditioned to install an 18-inch public transmission waterline through their Summit Ridge Subdivision development that will support the 550-foot pressure zone improvements in that area. Venture Properties completed that work and the waterline is now ready for use. ' The City will pay (reimburse) only for the cost of the" over-sizing: Over-sizing is when a developer is required to install a larger line than what the development specifically needs, but is necessary for the benefit of the overall water system. Staff reviewed the cost information and verified that the expenses were justified and corresponded to the approved plans for the water line. The attached memorandum provides additional information, about the improvements and the requested action. OTHER ALTERNATIVES CONSIDERED. n/a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY n/a ATTACHMENT LIST 1. Staff memo, dated August 1, 2005 2. Map showing the waterline in relation to Summit Ridge FISCAL NOTES The amount of reimbursement to Venture Properties is $86,501. Each fiscal year, the City budgets funds in the Water SDC Fund to cover expenses for pipeline extensions or waterline over-sizing in private developments.. The year end balance in this fund, due to some savings in certain line items and delayed expenditures in other line items, is more than sufficient to cover this reimbursement. MEMORANDUM TO: Tigard City Council FROM: Brian Rager, Assistant Public Works Director RE: Reimbursement to Venture Properties for Water Line Construction DATE: August 1, 2005 Background Section 10.070.C of the City of Tigard Local Contract Review Board Rules, states that: "At times, private developers provide public improvements for the City as required by a condition of land use approval or as required by a development agreement with the City. The developer in those circumstances is conclusively deemed to be a sole source for the provision of the public improvements, without 'the need for findings. No competitive process is required to enter into a development agreement that includes the provision of public services by a developer or for a developer to provide and the City to accept public improvements as required by a condition of approval." The City has been working toward making improvements to the 550-foot pressure zone . for the public water system. A 3.0 million gallon (MG) reservoir is currently proposed near the top of Bull Mountain, in the vicinity of the Alberta Rider Elementary School and the Arbor Summit and Summit Ridge subdivision developments. That reservoir will feed the 550-foot pressure zone, which lies to the. south of Bull Mountain Road. In order to serve the 550-foot pressure zone, an 18-inch transmission waterline is needed that will connect to the future reservoir and run south through the Summit Ridge development. The Summit Ridge Subdivision (Land Use No. SUB 2003-00009) was approved with a condition that required the developer to install the portion of the 18-inch transmission line through the site. Condition No. 29 reads as follows: "Prior to commencing onsite improvements, the applicant's engineer shall submit construction plans that show they will install an 18-inch water distribution line through this project along a route approved by the Public Works Director and City Engineer. The applicant's engineer shall also provide an engineer's estimate for the 18-inch line. For the portion of line that will serve this development, the estimate must clearly show the difference in cost to upsize this line from 8-inch to 18-inch. " In accordance with.10.070.C of the LCRB Rules, Staff deemed it appropriate to get the waterline installed as a part of the development to avoid. having to re-excavate 4he streets in the future, and. because we anticipate the future reservoir to. be constructed within the next few years. The developer has completed the 18-inch waterline through the site and the line .is now ready to use once the reservoir is in place. Value of Improvements Venture. Properties provided information to the City that showed the reimbursable costs to construct the-transmission line was $86,501. Staff reviewed the cost information and verified that the expenses were justified and in line with the approved plans for the water line. Staff budgets,funds.each fiscal year to cover pipeline extensions or waterline.over- sizing in private developments. "Over-sizing" is when a developer is required to install a larger line than what their development specifically needs,' but is necessary for the benefit of the overall water system. Staff budgeted $250,000 in the FY 04/05 budget to cover pipeline extensions and over- sizing projects. West Hills Development, who constructed the Arbor Summit project, was recently reimbursed for portions of the same transmission, line through their development, in the amount of roughly $106,000. - There are more than adequate funds remaining in this category to cover the Venture' Properties reimbursement. Recommendation Staff finds that Venture Properties complied with Condition 'No. '29 of SUB 2003-00009, and recommends the LCRB authorize payment to Venture Properties in the amount of $861501. i:\pw\council packets\2005\080905\Venture Properties Reimbursement\080905 CC-Memo-Venture 1 PROPOSED RE ERVOIR SITE O W B LL OUNT IN.RO RIDER ARBOR SUMMIT SCHOOL SITE DEVELOPMENT p I~ t WATER TRANSMISSION o S M T RID LINE E E 0 M ~ BB o a - o B B z B z 1. B ER o ! 8 f J 0V m ' BUJ 8 aN I gN 3 v m 2 X - - EuLL- CITY OF TIGARD BULL MOUNTAIN m CITY OF TIGARD WATER a OREGON TRANSMISSION LINE / 0 a U Overview Map 0 j SCALE IN FEET Eagin°DQ JPkn gJ 121 S.T. Ub m wt. a MNI 501-M-1111 _ - - rQwa ~ ma vu 5m-225-10 MAY 2005 AGENDA ITEM # FOR AGENDA OF 8/09/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Metro Councilor Ho_ sticka to Present Information on Metro's Open Spaces, Treasured Places Celebration PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Metro Councilor Carl Hosticka asked for time at this meeting to talk to Council-about Metro's Open Spaces, Treasured Places Celebration, scheduled for September 1-11, 2005. STAFF RECOMMENDATION This is an informational item. No action is requred. INFORMATION SUMMARY This fall will mark the 10" anniversary of the Open Spaces, Parks, and Streams Bond Measure. More than 8,100 acres of natural area have been protected as a result of the bond measure's passage in 1995. In addition, more than 100 local projects have brought trails, parks, picnic shelters, and other amenities to neighborhoods across the region. Metro is planning a series of events and a marketing campaign to highlight the accomplishments of the program and to give people a variety of opportunities to experience the region's natural areas. The celebration is scheduled for September 1-11 and is intended to promote public awareness and pride. A month-long media blitz is planned for the period before and during the events.. Metro is inviting partner organizations to participate by sponsoring a local activity or event that fits into the open space theme. A copy of Metro's webpage information on the celebration is attached: OTHER ALTERNATIVES CONSIDERED Community Character and Quality of Life, Community Aesthetics: Identify and implement projects and activities that enhance aesthetic qualities valued by those who live and work in Tigard. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA TT AGENT ,LIST . A webpage topic summa Treasured places metro Op en Spaces' NOTES :acrn'~nt #I . p FISCAL Metro: Open Spaces, Treasured Places "f QUICKLINKS 0 CALENDAR I SITE MAP I CONTACT .441 Parks, trails and greenspaces - REFINE SEARCH More on this topic » HOME > PARKS > OPEN SPACES > CELEBRATION Open spaces summer speaking tour. Open Spaces, Treasured Places From July 1 through Sept. 11, 20,05, members of the Metro Celebrate the 10th anniversary of Metro's open spaces, council will embark on... acquisition program which has protected more than 8,000 E-mail this page to a friend acres of valuable natural areas for fish,, wildlife and people. Send feedback to Metro Print-friendly format Just minutes from your door, gems of green, breathtaking views, rushing rivers and quiet meandering streams await. Meadows, forests, stream banks and butte-tops provide lasting opportunities for people to connect with nature in their neighborhoods. , In ;1995, voters in the Portland metropolitan region made.an important investment for the future with their overwhelming support of Metro's open spaces, parks and streams bond measure. Ten years later, more than 8,000 acres of valuable natural areas and nearly 74 miles of stream and river frontage have been protected.-More than 100 local'park projects in neighborhoods across the region offer biking, hiking :and wildlife watching opportunities close to home. By protecting clean air and water and fish and wildlife habitat, this highly successful land conservation effort will benefit the region for generations.to come. As we mark the 10th anniversary of Metro's open spaces acquisition program, you'll have more opportunities than ever to get to know the nature of the region., Check back for information about a special'series of events planned for Sept. 1-11, 2005., Throughout the summer and fall, you'll find hundreds of ways to' celebrate "open spaces, treasured places" on Metro's online calendar. For more information, call the Regional Parks and Greenspaces Department at (503) 797-1850; fax (503) 797-1849 or send e-mail to metroparks(Wmetro- region.org. The hearing impaired can call TDD (503) 797-1804. Related Metro links » Open spaces acquisition „ Metro's open spaces, parks and streams bond measure was approved by voters in 1995.; The bond measure's primary goal is to purchase natural areas, trails and greenways to be held for future use as parks, trails and fish and wildlife habitat. Open spaces acquisition target areas More than 8,130 acres of land have been protected by the 1995 open http://www.metro-region.org/article.cfni?articleid=1431'9 7/22/2005 ~ ( C)s . o Dis'cov,e.rnature.~'ln 1 orh e 0o s SUMMER 2005 • • <''s'~ "'fir=...,}~~~~,r_. _ , ~ ~ -O _ N _ . ~SSrrF,•`t 5 47 _ r A small signal' of this change is the new cover that f ~f begins with this edition Hof GreenScene. Readers have told us over and over how. GreenScene helps them connect to nature through learning, I'D ' stewardship and exploration. We know you have come to rely on GreenScene as your comprehensive guide to nature activities and volunteer opportuni- DeaY GreenSce~e eezdero ties all over the region. GreenScene will continue to provide;that service while bringing you news and ,stories from the front lines,of the region-wide effort If'I were to ask you what you liked' to protect and restore'nature in neighborhoods. . about living in the Metro region, I•know -there would. be something The 25 cities-and three counties that make up green in your answer.. Whether it's the Metro region. share in the benefits and the' ; the-view of Mount Hood when responsibilities of enjoying and protecting nature. you'leave your house or a visit to. Wherever you live and whatever•your level of Tualatin Hills Nature. Park or a involvement and interest, Nature, in Neighborhoods walk on the Springwater Corridor, there's something is a promise from the Metro Council that as the. , green here that's special for you. region grows we will work. to keep more green in the landscape around us, for now and for the future. As Oregonians, we', don't take these natural riches for granted. We'know that fish and wildlife need i protection as the region grows.' That's.why.I am pleased to announce that on April 7, 200531'.' Councilor Carl Hosticka and I introduced a resolution to launch the Nature in Neighborhoods David Bragdon" initiative. This resolution directs staff in every Metro Council President' . . Metro department to work in more effective ways, to coordinate, and; expand Metro's investments in r conservation education, and• habitat'restoration. Metro Your Metro representatives on the cover People phices •.open spaces "ung n rur, lo'.•ers un the bvr is' Metro Council President of Char t re ek and a meado,.ha,"vk Da~'id - drayocfh ' Icon fir rind clean eater di>lu>t strip at city limits ()r Bragdon county lines. Neither does the need for jobs; a thriving ccomomv and Metro Councilors Photographs by de1, Pi,a glx)d trauspctrt.ttion choices -for people and businesses in our _ Rod Park, District I C Bbothruc foster, Chris Ha Nrely, Lora Pr ce, Lydia Rich, region. Votcrs fare asked J'letro to tielp with the 'ch,dlunges Brian Ncvvinan, District' TLmletin Hills Nature Palk siatf and that cross those lines and iffcLt the-? i cities and three Girl Htisticka, District) Curt Zonick counties in the Pordand rnetropolit:in area. Susall McLain, District 4 Illustrations by - Iles Burkholder, dep'urv Antonia t.nand, A regional approach Simple makes sense when it comes to ecrnncit president, District i - If you have a disability and need acrommodati n , caf (50) bert Llherty, District E. 'protecting open spacc,'caring for parks, planning for the Ro y-r-to50, o. ca!I Metro'sTDD Irno hest use of land, managing garhage disposat and Increasing Auditor ai 15031 7g7-1294 - If you require recsrcling. Aietro oversees world-class facilities such as f, a sin int~~r,reter cal; at lea.taa Alexis Dow, C F 9 . the Oregon 7.00; which ctmtribures t(') c<snscn'utum and hour; in awance. Lctivihes marked - v'th this mb01 a wneelchdir ' cducuriun',and the Oregon Convention Center, which assb~e 1 benefits the region's economc: Bus and MAX information: 1 ~ iso~) 2~r'-woE !z;fl-7aR~i Metro's web site To be added to the mailing list or to w'v~sti'.inetro-region.org - make ciy _ iange_,, ca!1 (503) 757 0;0 oplior _ Printed on recycled-content paper. I / 05191 tsm ' fl/--°- - - - = Just 1111111{tes ~)"orn 1'r11fY door; geYlls of green, ,Protecting nature ~leIlt~ic'I"~ll~~ijtrE'(I)llsIcIl(b11t~1~11('adOtlrs~~f~IrBstti, strEam banks and butte-tops provide lasting ,inneighborhoods: opportunities for people to connect ~I~Ith. nature in their neighborhoods. our opportunity In 1995, voters in the Portland metropolitan region made an important investment for the future_v,,Ith their overwhelming support We all share in the benefits and responsibilities- of Metro's open spaces, parks and streams of conserving, protecting and restoring the nature bond measure. Ten years later, more thali around us. The Metro Council has proposed the 81000 acres of valuable natural areas -_~ind Nature in Neighborhoods initiative to bring people nearly 74 miles of srrcun and nyei -frontage and government together to ensure a healthy.urban have been protected. More than 100 local ' ecosystem. park projects in neighborhoods across the - region offer biking, hiking and wildlife The Nature in Neighborhoods initiative will align successful conservation programs at Metro and around the region behind watching opportumttes-.close , to home. E3v a single, strategic effort to protect clean;waterand healthy protecting clean atr and water and fish and natural areas for fish, wildlife and people. ~vdcllite habitat, this highly successful Land Conservation effort will benefit the region for Nature in Neighborhoods will add more hands-on capacity for conservation education and habitat restoration. Metro is, generations to come. planning for a new.funding measure to acquire open spaces and high-value habitat from willing sellers. Metro will also offer As eve mark the 10th anniversary of Metro's assistance and incentives to conservation groups, developers, open spaces acquisition program, you'll businesses and homeowners to protect watersheds and wildlife have more opportunities than.everto get to habitat through voluntary efforts. . know'thenature of the region. As always, With Nature in Neighborhoods, Metro is taking a leadership C;reenScene vvill be your guide. On these role in working with other governments and nonprofit pages,•and in a special fall edition, you'll find organizations to implement the following activities: hundreds of ways to celebrate `'open spaces, treasured places." Conservation education - builds on Metro's successful " track'record of partnering with others to restore key wetland, . streamside and upland sites and provides programs that educate the public about the value of natural areas: Acquisition - creates'a funding source to acquire critical fish Flexible development standards = and wildlife habitat in the urban area. (The Metro Council establishes a consistent regional standard for'fish ei intends to placea funding measure before-the voters in 2006.) and wildlife habitat protection that provides " additional support for improving water quality. Restoration -'supports individual;'nonprofit and:government- Promotes planning for growth in•new'urban ' sponsored restoration and conservation efforts in regional areas to better protect natural"areas. • watersheds. - Monitoring and reporting - measures the Habitat-friendly. development practices- encourages progress made in protecting and'iestoring habitat. .innovative site design; new materials and engineering Reports results'to all partners to use to refine the program. techniques. ' For mote information, visit www.metro-region.org/nature or call the Nature in Neighborhoods hotline at (503) -797-1555. Around the campfire. at Oxbow :Re Tonal Park Bring the family to Oxbow Regional.Park for . weekend evening, campfire stories, nature programs and old-fashioned entertainment. -On Friday nights, ' we feature live music in the park, and on Saturday , nights we bring in fascinating natural history presentations and .master. storytellers. 1 Campfire programs are held in the outdoor forest' Ii amphitheater across from the campground. They are a great way to spend the evening when you're ~r camping at Oxbow, but you don't have to camp to enjoy them. Although the park closes at sunset, those who.attend the campfire program' and want, A to leave afterward will be let.out`at the gate by j 1 the rangers. Park in the- designated area near the . boat ramp. Programs are free, but there is a $4 per vehicle entry fee to-. the park. No registration required. For more information; call Metro.at . ; (503),797-185.0- Jen and Wendy's eclectic. Salmon stories, bear . Fiddlin''in the park with Discovering tunes tales and the legend of Greg Clarke ethnobotany of the 8:30 to 9:30 p.m. Friday,' the swallowing monster 8:30,to 9:30 p.m. Friday, Northwest July 'l 8:30 to 9:30 p.m. Saturday, July 22 8.30 to 9:30 p.m.-Saturday, The whole family will enjoy July-9 Join Metro Councilor Rod. July 30 Jen and Wendy's theatrical join master storyteller Will Parkas musician Greg Learn how plants -have performance style and vocal Hornyak for an entrancing Clarke brings us old-time been used for-thousands of. harmonies; with trailside evening of Northwest myths, tunes around the campfire:, • years for food and medicine ' songs .featuring bears;. bugs legends and tall tales. Enjoy the sounds of banjo, with naturalists Natalie and the great butdoors.', fiddle and mandolin among 'Norman and Miriam Burk , Old time bluegrass tunes the trees. It's a contagious` from Portland Parks-and Birds of".prey of,fhe -~"v- 8:30 to 9:30 p.m. Friday,. performance sure to get your Recreation. Get to know , Pacific Northwest °~,~`a . 71 July 15• toes tapping. ' several'common plants to use 8:30 to;9:30`p m Saturday,°;a.: BI'uegrass;nmusicians Gregr - as natural insect repellent and July2 r Stone and Lon Jones will play Slithering tales more. Live birds of prey-vi- t_t'C guitar and mandolin and'sing 8:30 to 9:30 p.m. Saturday, campfire circle fr'o'm l Iawk, ' old-time tunes around the July 23 ' Old=time bluegrass tunes Haven: `Find out'cool raptor- campfire. Tap your, feet, dance Discover the fascinating 8 to,9 p.m. Friday, Aug.:.5 facts and see these beautiful or just sit back and enjoy the world of snakes, lizards and See July 15. description: birds up close: music. turtles. Metro naturalist.. James Davis reveals the,'duth Birds of prey of the- ..The folk music.of.Juliet The amazing nightlife of behind the'many myths about pacific Northwest Wyers bats reptiles. Some live reptiles will i 8 to 9 p.m.,'Saturday, Aug. 6 join the program., 8:30 to 9:30 p.m. Friday, 8:30 to 9:30 p.m. Saturday, . See July 2 description. , July 8. July 16. Folk/pop singer and What's faster than a speeding Old-time musie'with', Fiddlin' in the park.with, songwriter Juliet Wyers' mosquito, more powerful Dave and Will Elliott` Greg Clarke vibrant music and lyrics are a- than bug repellent and able 8:30 to 9_:30 p.m. Friday,, 8 to 9 p.m: Friday, Aug: 12. pleasure to t•he,ears.'' to navigate the night?. Bats! July 29.:- See July 22 description. Naturalist Kim Wilson,shares. This father and son duetr. great bat slides while we, . returns ao Oxbow'with great watch and. listen, for real live bluegrass tunes. Enjoyold bats. style duets`and sing along with 'some favorites. The amazing nightlife s groups ,.a $20. deposit cover t SneakY'scaven9er hunt g of bats ing the fees of the first 10 July 12 8 to 9 p.m: Saturday, Aug. 13 children in your group is We'll break into small clans See July 16 description. required in advance. There is and our naturalist leaders will a park entry fee of $4 per car guide us through the deep i Old'.time music with ;a 10 30 a m.•tomoon:"-, or $7 per. bus. .To register, shady forest on a scavenger Tuesdays ll'(503) 797-1928. hunt for cool nature stuff Dave and Will Elliott ca ~ ' . • ' . and a bag of treasure. But 8 to 9 p m 1 Friday, Aug. a y19 beware -the others might be See July 29,description r _he edge of.an ancient' Osprey adventure `^.forest A,Ozbow Regional: June 28 sneaking up on us! yt q x Park is the setting 'for thisWhat does an osprey eat? Discoveriing „ . r series ofinature programs How big is its nest? Find Forest fashion ethnobotany. of the, "t;• 'for'childien ages 5-10 led by;~ out all about these big birds July 19 (Northwest,; Metrb naturalist Elisabeth of prey, then take a walk to What are the animals wearing. 8 to 9 p m Saturday, Aug Neely.- Meet a'the;Alder see a real osprey nest- and this season? Why is it hard to L$ee,July 30 description.' Shelter '(gioup picnic area A); with luck, the "fish-hawks see wildlife? Can we copy the 4r, . i r'• arrive at the;park entrance themselves. Then try out animals to'get closer to them? Jeri-Arid Wendy,s eclectic at about' 10:15 a.m. io get to your "wings" on our osprey Find out how to camouflage' 'tulles the area,on'time. Wheelchair obstacle course. yourself; and play a wild 8 'to 9. p.m. Friday, Aug. 26. accessible by arrangement; " camo hide-and-seek.game. See July 1 description.?.. , except River, Roundup. Barefoot and bear feet ,:;s'•.! by arrangement July 5 River roundup storytelling to the beat Summer is barefoot time. July 26 of the drum, Advance registration is How do your feet compare to Discover firsthand the 8 to 9 p.m. Saturday, Aug. 27 required. There is'a program the feet of a bear,,a duck or a many creatures that live in Gordon Munro returns fee-of $2 per participating. deer? What can you tell about and near the Sandy River with his special blend of the child, payable at time of an animal from its footprints? on this popular trip. We'll `ancient arts of drumming and program for families (adults Have fun as you try to: move ohave a great time catching storytelling: You'll enjoy folk and non-participating siblings ' like wild animals and take a and releasing water bugs, stories from different cultures do not pay). For childcare . ticklish. barefoot walk. crayfish and more. Nets, around the world., centers and other organized,' and magnifying glasses are 1 provided fora close-up view. The•music of;Juliet • . Wyers. 8 to 9 p.m. Friday, Sept. 2 See July 8 description. r a'v ¢r ' Shadow puppets ~os~1Cs~ 1 ~~S y 8:30 to 9:30 p.m. Saturday, 1 r. Sept. 3 10 a.m. to 1 p.m. Behind Oregon Shadow Sunday, June 19 - Theatre's illuminated screen, colorful shadow puppets come to life accompanied by ro. Bringthe famdy to the second annual Osprey live music. Apansi the spider llay, and celebrate Father's Day ~tiith the birds. plays tricks on everyone ' in njov nature along rile wild and scenic Sandy u I✓ this much-loved tale. Note the River at Metro sOzhow Regional Park. later start time. - loin , perk naturalist On :a guided walk to ohse r%re an osprey ("t sh hawk"l.neat in the trnti Bring cold-growth iorest; mast -'cars we can see moni, dad and young osprey in rile nest. Spottlug scope «ill'in e you an up-close a iew. then head doss n the trail to explore rile rivermild disco~cr the rn;an. %lid anirrnals that lia•e there. Guides will he on hand pro%iding nets4nd rnagnih Ong gl.a,ses.for a look at sonic anrazirig water creatures. Gardeners car; checV out 1letro's niohile garden to learn about wildlife-fricndls• gardening t techniques 311d1\tAke honu^ a name plant. Bring a picnic lunch if,yon like AC66ties hegin rcgUlarl% across from the Alder Shelter and :arc suitable for adults or mile roundtnp;` r fanailics with children. Thc:walks are slrnw and ear with a distance of 1/1 the river trail is shorrbur includes an incline and walking on a rocke sandhar,(not stroller ` or wheelchair-acccssihlcl.=Free with your annual pass or -park entry fee of 54 per car or w V per bns. Rcgistration is not required. For more information, call ('S()~1 ~9? 1928: Met' s.;new native, y . p a t• center takes r®®t In an inventive response of native plarit, materials for 'i to a. persistent problem, use at Metro's parks and Metro's natural resources natural areas all over the re- iaI~., a gion: A long-term goal of the " team is'Creating a native project is to be, able to share y plant materials center at. the stock and seeds with other an open space property agencies and organizations i working on restoration .in the`?` p , ut along the Tualatin River. - , region:.;, At targeted natural areas around the re ion Metro's Two acres of pasture have kYq,; f .y' Plowed, disked.and restoration work is aimed been reestablishing rare but vital Planted•with a native annual. habitat t es•that once'thrived trougkoui the Will cover crop. A water tosser- vation irrigation amette, system is 'Valley. Often the native plant being installed in the plant materials needed to do the job propagation and holding t area. More than 4,500 native F 1 are hard to come by. Commer- cial stock can be unavailable, trees and shrubs, potted by an: insufficient or too expensive; EnviroCorps team, are ear- r' at times, the genetics and col- marked for, volunteer planting lection practices are in ques-' Projects next fall and winter.,,,, s. ` lion Propagation beds for wil- .i . • lows and emergent plants are r men Coips volunteeriMarsha H'olt`Kmgsley brings an Metro's new native plant under construction. A shade ~OWN,~~s@~W~e education- n environmental• science' and aback round rn materials center, located near structure will be built from W~~~~a~g au the sal wholesale nurse business to her osiaon as coordi- X Wanker's Corner' in Tualatin, salvaged building materials. -n nator Nine native plant materials, center Itr•atldinonato~~ will provide a critical supply. gettingI e Plant center offihe gr~ourid, Mai slia is develop- ' 'A ing a v`alu teer~~ oc~aam tosn~~ o'~rc seed~colle~c~t~io IRWA D=„: ati, t; N ''center gperauons and educaugnalwprograms to increase. " Fellt@I',r•3 public awareness ofthe impotance:oE native"lams ~t vjtiye, plant c m v gyp, ` ° processirig;an Site aRP_ rovided: P,.. P a Do Youphave skills in"native: 'and forb' identi= will:be.p least twice, per:.. - , = ; • , . ,i;.~, q.: fsM a , grass, s • , ge.... _ can volunteer t fication and a commitment to?. month are,preferred; Collection ii r " rest oring"threatened; rare and . and processing are uride way. endarigered indigenous plant now "ands°nt,nue through Gardening ..naturally at home species Dy o you have"en.inter. November. Some"n ative plant~`. . ? s regwred est.in gardening, horticulture or seeking ident i ation Skill zs° ' M .Metro ,ethnobotany s ) r+,`• long-term volunteers Who areY ~y and have •Native"plant cent! available on weekdays assistants'.'x: -earn about composting, r lasts If' last native , [f ° ° gardening with native plants. a'passion for, native p, ';Adopt a seedbed; P. N; , °s from avariety Y9 are interested in one of the,, " eed'c .ollected and how to use less pesticides u of fo Q positions described below.call _ • . O and chemicals in your yard Marsha;Nolt Kingsley'at' ? , m Metro sites; Tweed monitor, and harvest the seed.for; plantr::.a t®~.~Qr, o on Metro's web site at www. 1T 4d (503)813-755"",-,'s- 4-'.; in9"backat,Metro "rearningestoration, metro region.org or by calling sites If.you have they a ! -b~ (503) 234-3000. Metro offers :Native seed collectors/ et dirt underyour finger- to g"' ate . natural gardening workshops processors , - ;nails end.leam`xo pro. Pag . mitted yol sed es, forbs;;, and seminars,•a natural' Metro seeks corn native g"rassO " 9 ents'this is=.; t.' = t •;r unteers for,nativeseed collet- willovvs and ernerg techniques demonstration, i Owl space for Peopi? t - ' aides and the annual ' tion'from Metro 'the;opportunity, you _ g sites "throeghour the region volunteer at least;m Gardens of Natural Deli hts ' wh'o:can ~s -a°x' l for six" s ,.ez :>y whx ' , g olunteers will also:he p These v once every other` week. tour. process collected, seed at the p}eferred..Assisfant`',, native plant center Training months are 'positions are.ayailable Year in native plantiidentification, rotocol;.and round." seed' collection-p " Summer I e. ENJOY NATURE IN NEIGHBORHOODS Metro councilors ;.:hif the trail n ~ ~t This summer,'Metro' councilors will grab their binoculars, pull on their hiking boots and join,; you on•,bird walks, open space,-tours and nature i programs all over the -region. Come to, the special GreeniScene 'activities, below to meet your Metro councilors; All June 19 July 17 Canen ah Bluff tour' Kolk pond tour. Councilor Brian Newman Council ;?resident David and-'C' ouncil President Bragdon • Metro Councilor Rex Burkholder.and his colleagues on the David Bragdon ..p9" ;9..;` Metro Council will be joining you at GreenScene programs Pg 8 throughout the summer. . ; , Juiy422. June 22 Campfire program at Orchard Park bird walk . Oxbow Rex Burkholder will be our for children 6 and younger' Councilor Susan McLain Councilor Rod Park special guest. Suitable for with.a parent; $3 for•Lake. adults and children 6 and old- Oswego residents;' $4 for pg. 1,1; Pg 4 er. Meet in.the parking area others. To register, call (S03), on North Marine Drive. Free. 675-2549. Lake Oswego June 26 Aug.'21 Advance, registratio n required; , Parks and Recreation Bird watching. at Noble' lower Clackamas River call (503) 797-1928. Metro Woods Park trip L Cycle the wellfield Councilor Susan McLain Council President David Ranger programs at' 9 a.m. to 1 p.m. Saturday, pg. 11 Bragdon and Councilor Tualatin Hift.Nature June 11 Brian Newman Park Enjoy a bicycle ride through June 28 pg. 12 2 to 2:30 p.m. Saturdays and the groundwater protection Twilight Tuesday Sundays area and learn how you can Councilor Rex,Burkholder s+,a a,;pr ax ~,..,=cy~ Learn about the amazing help, protect our important plants, animals and history groundwater source.. Bring Pg 8 of Tualatin Hills Nature Park a helmet, water and lunch. with a park ranger. Topics Meet at the Parkrose Transit July 6 ® ® will vary from week to week. Center parking lot near the Orchard Park bird walk v_ .tea: Free. Groups of six or more MAX Red Line stop. Free. Councilor Susan McLain are asked to,call ahead for Advance registration re- pg. 11 Painted turtle walks . special group programs. For quired; call (503) 281-1132. 12:30 fo 2 p.m. Saturdays, more information, call (503) Columbia Slough Watershed July 9, June 4, July,9 and 16 .629-6350. Tualatin Hills Park Council and Portland bureau Painted turtle walk Smith and Bybee Wetlands . and Recreation. District, of Water Works Councilor Rex Burkholder Natural Area is home to one t,,,by arrangement pg• 7 of the largest remaining popu- Tot walk at Bryant Tot walk at.George Woods lations of Western painted July 10 turtles in the Northwest. Rogers Park 11 a.m. to noon Monday, / Learn about the natural histo- 11. a.m. to noon Monday, June,,13 Ambleside Amble on the ry of painted turtles and why June 6 Join, other children and par- Springwater they are so rare with the help Play on the sandy beach ents.as you explore. Bryant Councilor Robert Liberty' of Metro naturalist James' and stroll through the shady Woods Nature Park with a and Council President Davis, who will have small woods at George Rogers Park naturalist. Look.for raccoons, David Bragdoti telescopes for a close look. on the Willamette River with deer and other critters in a pg. 9 On July 9, Metro Councilor a naturalist. The program is rich natural area with forest,. k, meadow and wetlands. The ' adult is required in advance; animal movement. You will Fanno Creek GreenWay . program, is for children 6 and ` children are free. Call (503) learn 'stealth skills'needed toy Trail walks younger with a parent. $3 . 797-1928 to register. Metro. watch wildlife at close range 9 a.m. to noon Saturdays, for Lake Oswego residents;' and, make plaster casts of June. 25, July 16 and Aug.'27 $4. for others. To register, Tot walk at Tryon Creek tracks to bring home. $16 Tour completed sections of call. (503) 675-2549..Lake . 11 a.m. to noon Monday, in=district; $28' out-of-district. the Fanno Creek Greenway Oswego Parks and Recreation June 20 Advance registration required; Trail, a 15=mile multi-use trail Many forest creatures live at call (503) 629-6350.. Metro' planned from the Willamette Twilight-Tuesdays Tryon Creek State Natural and Tualatin Hills Park and River in Portland to the at Smith and Bybee Area. Join 'a naturalist and Recreation District Tualatin River in Tualatin. Wetlands Natural Area other families on a search for Begin at the Denney Road. 7 to 9:30 p.m: Tuesdays, tracks and other clues they Exploring the great trailhead west of Highway, June 21 and 28, July'12 leave behind. The program outdoors: for parents 217 and travel approximately and 26 is for children 6 and younger. and children 5 miles along Fanno Creek. Time change for August with a parent. $3,for Lake 1 to 2 p.m. Thursday, June 23 Free. To register, call Bob walks: ) Oswego. residents; $4 for Encouraging children's in- Bothman at (503) 244-7206. 6.30 to 9p.m. Tuesdays- others. To register, call (503) nate sense of wonder is at, Tualatin Hills Park and Aug. 9 and 23 675-2549. Lake Oswego. least as imI Portaint as teach- Recreation District Trails Parks and Recreation' ing them the names Committee of plants This relaxing walk at Smith and B bee Wetlands Natural and animals. But as a parent, y A bug's life in the wouldn't it:be nice to know Discover nature in Area takes advantage of Columbia Slough - the names of the plants and ' your park . those long summer days and 5:30 to 7 p.m. Tuesday, ' animals as well? Or at least ti 8 a.m. to noon Tuesday gives you.a chance to unwind June 21 know how to find out? If you through Thursday, June 28-30 after work. Dusk is one of Ever wondered what creatures have ever felt less-than-ade-' Hillsboro has some•wonder- the best times to see wildlife,; lurk beneath the surface of quately prepared to introduce . ful public parks with amazin especially during the summer. g Portland's waterways? Join your child to nature, this class opportunities to see wildlife.'' It is about the. only time you the Xerces Society.and the. ''is for you, Metro naturalist On this three-day adventure, can. see most ammals such Columbia Slough Water- Deb Scrivens will cover the children ages 7-10~wilftravel as beaver, otter, muskrat, rac-. shed Council for an evening basic's of nature observation to a different park each day to coon, deer and mink: Birds of underwater exploration.' and show,you how to use' explore the different habitats, also are, more active. Discuss Experience the world'of field guides: Suggestions for search for pileated wood- the basics of wildlife watch- invertebrates in a hands' . easy outdoor nature study. peckers,.great horned owls-'' ing'•and identification with - on environment, and learn activities and a bibliography ' and other critters. A snack is Metro naturalist James Davis.` , about sampling methods and of the best field guides will be provided. $60 for Hillsboro On June 28, Metro Councilor identification. Free. Advance available. Children are wel- residents; $90 for non-resi- Rex Burkholder will be our registration required; call Jeff come. Meet At the St. Johns dents. To register, call (503) special-guest. Bring your bin- at.(503) 232-6639. Columbia L.ibrary,,7510,N. Charleston 681-5397. Hillsboro Parks oculars or borrow,a pair of Slough Watershed Council Ave., Portland. Registration is and'Recreation ours. All ages are welcome, ty, not iequired. For details, call and Xerces Society,* ocie but children must,be able to b'y arrangement (503) 797-1928: Metro and.. Twili ht hike at Jackson be quiet, sneaky and patient. 0 . Multnomah County Library l~ Bottom Payment of $5 per adult is Anlmal LraelCln required in advance; 'children g 7 to 9 p.m. Saturday, July 9 are,free. Call (503) 797-1928:. Workshop. and. praetlCe Explorando el Columbia Take a leisurely evening walk Metro 7 to 830 p.m. Wednesday, Slough around Jackson Bottom June.22;and 9:30 a.m. to 1 to 5 p.m. Saturday, June 25 ' Wetlands Preserve with natu- . Canemah Blufftour :12:30'p.in. Saturday, June 25 Join the Columbia Slough ralist Sarah Pinnock to watch " i l Have you ever :wondered who Watershed Council for a for birds, listen for frogs and 1 to 3 p.m. Sunday, June 19'. ' This natural area perched or-what made those footprints Spanish language environ- look for animal tracks and atop a cliff features a wonder- on the sides of trails? With _ mental education festival.. sign. Families are welcome, . ful view i of the Willamette Practice, you can.le'arn to ' Canoe'trips, music, bird.- but strollers do not navigate read.the ground like a book., watching, environmental well on the trails. Bring bin- River, a great variety of na Join, Metro *naturalist and games and displays, bilingual oculars if you have them. $4 five plants, rich local history, • animal tracker Deb Scrivens storytelling, face painting,, per person. Adance registra and amazing examples of the Pacific yew, tree. Join Metro at Tualatin-Hills Nature Tark and refreshments will 'be pro-. tion is required; call (503) naturalist-Deb .Scrivens; ; for-an•evening indoor class vided: Activitie's are offered 681-6278. Jackson Bottom , Metro Councilor Brian and slide. show. ,Then prac- in both Spanish and English. Wetlands Preserve' ticeiyour skills the following . Come to Whitaker Ponds'- Newman, and Metro Council Saturday on a s ecial,tour of Natural Area at 7040 NE President-David Br'agdon fora P Cooper Mountain Natural 47th -Ave.; Portland. Free: For leisurely.' exploration: You will Area..The' class includes the details call (503) 281-1132. receive directions,,after you , register. Payment of $5 per basics of animal signs, track Columbia Slough Watershed r identification and'interpreting. Council Y Ambleside amble on the is a $4 per vehicle entry fee to Kolk pond'tour Little Adventures* Springwater Corridor the park, payable at the gate. •1 to 3 p.m. Sundays, July 17 ' 8:30 to 10 a.m. or 10:30 a.m. 11'a.m. to 1 p.m. Sunday, . To register, call (503) 797- and Aug'. .7 to noon Monday through' July 10 1928. Metro Do you-rerember the flood in Wednesday, July 18-20 The Ambleside property in 1 our region in 1996?, Can you Children ages 4-7 will learn Gresham is not open to the Wetland Adventures imagine a 4004oot-deep flood abouvfrogs; birds and the public, but you can get a 8 a.m. to 4 p.m. Monday, in the same area? More•than amazing world of insects.- sneak peek on a guided tour through Friday, July 11-15 12,000 years ago, repeated There will be lots of hands- with Metro naturalist James Children ages 7-9 will explore floods of this scale came on activities,' art projects and Davis. Metro Councilor the natural world, learn about down the Columbia River and time for exploration and Robert Liberty and Council everything from insects to scoured out low spots in the adv.entures~ outside. $25 for President David Bragdon also plants, build a fort; do lots of Portland-Vancouver basin. Hillsboro residents; $37 for will attend. On this4eisurely hands-on activities and have join Metro naturalist Deb nori-residents. To.register, call walk along Johnson Creek, a great time outside. Each day Scrivens on an exploration of (503).681-5397. Hillsboro you can see the results of a has a different focus, while a pond formed in one of these Parks and Recreation dam removal project that has : children learn about wetlands low spots in Tualatin. On July made this stretch some of the and all the, amazing creatures 17, Metro Council President Family bat outing best fish habitat in the wa- that live in these muddy, David Bragdon will be our 7 to 9.'p- m. Friday, July 22 tershed. This also is the only squishy places. $120 for special guest. Discover What Learn about owls, the magnif- place in the region where the Hillsboro residents; $130, for native flora and fauna reside icent hunters of the night, in Hogan cedar, a unique variety non-residents. To register, call there. Suitable for.adults and a combination class and walk of Western red cedar, occurs, (503) 681-5397. Hillsboro children age 10 and older. suitable for older children-and naturally. Suitable for,adults Parks and Recreation Payment of $5 per adult is adults. Meet at'Backyard Bird and children age 8 and older.' required in advance; children Shop in Beaverton for a 45- You will receive directions Bugs and Blooms Mini are free. Call (503) 797-1928 minute class, then carpool,to andother information after -Camp to register. Metro Tualatin Hills Nature Park for you register. Payment of 1$5 9 to 11:30 a' m. or 1 to 3:30 per adult is required in ad- p.m. Wednesday through vance; children are free. Call Friday, July 13-15 (503) 797-1928 to register. Step into the children's.garden i ynr L }v Metro , at Lusther Farm to explore ` I~°U J E the world.of sun, plants and Scout game at,Oxbovu bugs at this three-day camp 11 a.m. to 2 p.m. Sunday, for children ages,4-6..Your • 1 to 8 p.m. Saturday, Aug. 6 July 10 little "bugs" can crawl in Imagine if.you could go back the green bean teepee, make in time, join a band of your garden crafts and harvest veg- In 1807, -led bv a Chinook- n- ancient ancestors and roam etables. $43 for Lake Oswego ypeakirig guidcfrr,m a villabc known the landscape that'is now residents; $48 for others. To as ;NIJIagcvh, William Clark and a Oxbow Regional Park. Game register, call (503) 675-2549. sLinall party of men headed down the l`- participants will divide into Lake Oswego Parks and Cuhniibia to find abig river they'd small bands, trek through the Recreation `NICHAQW/Ll-_mrs,ed iii Noder~nccr 1801 and again woods and along the river, in 1806. On their was to map what use tracking and.concealment Soup'on the Slough We no1r know_11s1rhe \Y'illametre River, techniques, and locate food 11:30 a.m.-to 1:30 p.m. Clark wrote ahout a Native Amcricen village near Blue caches for their group. The Friday, July 15 Lake whose people had been decimated by smallpox. game is designed to fully ac- You are invited for lunch, tivate sensory awareness and slough stories and a tour of tirep into life -on rhemer at a family-fnendlY cultural event _ nature observation abilities. Whitaker Ponds, 'a thriving at Blue Lake Regional park. Explore life in a tribal village No experience necessary, but natural area and environmen-: as it.rxisted 200 -eairs ego and learn ahiMt hrtitoricaI and participants must be willing tal education center that was cdnrcmpurary Narive Airnricurculnrre. to walk 1-2 miles over varied once a junkyard. This casual terrain, get a little dirty, and event is open to everyone 7 he event Will hrgin with the dedication of a inohument _use their sense of adventure interested in learning more honoring the natii,c peoplcs_of the Columbia River region. and humor. Appropriate-for about the Columbia Slough The monument has a special place_in:a beautiful natural all ages; children must be ac- watershed. Free. Advance reg- arca at the west end of the park. Visitors also will 'el loy ' companied by an adult. Dress istrationirequired; call (503) music,, drunnning;_dancing, `a traditional canr~c• eXhihit, a for the_weather and bring a 281-1132. Columbia Slough salmon hake, children', activities and more. small bottle of•water. Meet at Watershed Council the floodplain parking area. by arrangement The ~event 1s hosted~hti the Confederated Tribes of Grand Registration and a program -l l • Rohde, the Eev. is im-i Clark Trail tdentage Foundation, the fee of $4 per person are re- wcst.Cohnii a Gorge Chamber of Gimnierccand Xietru. quired in advance. There also the owl prowl.. A $5 registra= Wetland Explorers tion fee will be refunded with 8 a.m. to14 p.m. Monday' a $5 gift certificate'the night. through Friday, July 25-29 of the class: To register, call Children ages 10-12 will (503) 626-0949. Backyard . 'enjoy a'week-long adventure Bird Shop exploring the amazing diver- sity of life from the'very tiny ^ ; t ? Bull Run watershed to the incredibly big, Children tours will study birds, mammals;' 8:30 a.m. to 4:30 p.m. amphibians, reptiles, insects, Saturdays, July 23 and spiders and plants, go on Aug. 20 field trips to other natural Don't•miss.this rare opportu-, areas, build forts, do'art proj- nity to see Portland's tap wa- ects and spend lots of time ter at its source. Learn about outside. $120 for Hillsboro the protected resources that residents; $130 for non-resi= - provide Portland with unique- , dents.'To register, call (503), ly high-quality drinking wa- 681=5397. Hillsboro Parks' ter. $15.-,Advance registration ` and Recreation ° t ill ~ y.t required; call (503) 823-7407. Portland Bureau of Water Midsummer night at 12:30 to 4 p.m. Saturday, Aug. 27 Works6by arrangement Lone Fir. 5 to 8 p.m. Saturday, July 30 ome to the Tnalanrn Hilk Nature Park for the fifth Graham Oaks Natural. Bring a blanket to sit on as annual BLIg Fcst. Celebrate the manY spinclc~s creatures Area tours ' you enjoy live music, eaoice hoth hig'and small that keep the enviromnent hcalthv 1Ao 3 p.m. Sundays, July -24 cream and watch Portland and in balance. X111 those tin}, critters, like bectlcs, and Aug. 14 history come to'life as local butterfhr s, hccs, slugs and spielers, help recycle fallen join Metro naturalist Deb' performers present tales of the trees, pollinate tlowcrs, and are food for other animals. Scrivens for a nature walk at famous and infamous folks Games, displays, crafts lire bogs and guided actiwies Graham Oaks Natural Area whose final resting places are a%vait the whole family. You even rani bring a hug, to in Wilsonville. The walk will at Lone Fir Pioneer Cemetery. he identihed by an expert. Admission to nic festival is focus on native plant com- Pack up the whole family and ~ t.SU per person. For more informations; call (503) 629- munities, signs of wildlife , a picnic dinner. Suggested 6350. Tri rlatin (-fills Park an(i Recreation District and and future plans for the area donation, is $5 per person or ,tetra that include a public nature $10 per family or group. For park. Our'route will take us more information, call (503) past several huge old growth 775-6278. Friends of Lone Fir Douglas fir trees. Suitable Cemetery for adults and children 8 and. L. Enviro Camp children age 12 and older. older. Wear hiking shoes that Arnold Creek 9 a.m. to 4 p.m. Monday $10'in-district; $17.50 out-of-. can get muddy. Meet at the through Friday, Aug. 8-12 district. To register, call (503) anniversary ,celebration CREST center, 11265, SW Children ages 6-11 enjoy a 629-6350. Tualatin Hills Park Wilsonville Rd. Paymet.of beginning at 4 p.m. Sunday, seek of nature discovery at and Recreation. District, ' $5 per adult is required in July 31 George' Rogers Parkin Lake &by arrangement advance; children are free. Celebrate the 10th, assayer- Oswego. Learn to identify Call (503) 797-1928 to regis= sary of the purchase of the animals and plants, explore, Wapato island wild food ter. Metro headwaters of Arnold Creek, other local parks andcreeks expedition ' one of the first natural areas and play nature, games. $175 9 a.m. to noon Saturday, Wild berr i@s and food protected by Metro's open for Lake Oswego residents; Aug. 13 ' space's, parks and streams 3 to 5 p.m. Sunday, July 24 $192 for others. To register;, ,Join wild food expert John bond measure. Enjoy ,pot- The forest has (503) 675-2549. Lake Kallas and ex lore edible wild many tasty luck and meet your neighbors. call , p berries and wild foods. Join, . Oswego Parks and Aecreation plants of Sauvie Island. You Meet at Southwest Arnold. ranger'Ben Pettitt on a hike 11 1 .1 , , will investigate wild foods Street near Pomona Street and through Tualatin Hills Nature Life at dusk from marshes, fields and Park to learn'which are edible infthormation, Avenue. F call ree. AFormanda more 7 to 9 p'm. Friday' Aug. 12 woods including'wap~ ato' - n ' and how Native Americans at (503) 244-9958. West' Join ranger Elisa Joy Payne wild cherry and more. $22. , used many different forest for an evening stroll through Advanced registration re- Portland Park Neighborhood plants to survive. Suitable Tualatin Hills Nature Park quired; call (503) 775-3828. for adults and children a e. Association g C~ to' explore plants and ani- Wild Food Adventures 12 and older. $10 in=district; , mals at dusk. This is when $17.50 out-of-district.-To creatures in the forest change register, call (563) 629-6350. shifts. Find•out who wakes' Tualatin Hills Park and r • up and'who goes to sleep at - Recreation District dusk. Suitable for.adults and- by arrangement _ Marshmallow, meringue Speing,bird'vvalki', Tualatin River, birds 'Sauvie Island bird walk and.s'mores=from wild 9'to 11 a:n: Saturday, June 4 6:30 to 8:30 p.m. Wednesday, , 8 to 10:30 a.m. Saturday, plantsi" Spring; brings more than 25 June 8 June 25 ' . ' , ° . . see 1 to p.m. Sunday, Aug. 14 different ongbirds to join the Join instructor Doug Rob- Explore the Oak Island Joiti;'wild food expert John Y resident birds riesting,at Smith, berson and learn About the Nature Trail with natural- Kallas and learn how`to"find • and Byb. Wetlands Naiu birds of the Tualatin' River ist Elaine Murphy. Sauvie and gather wild plants from ral Area..Lingering winter watershed. This indoor eve- Island is a great place to view . whiSwe'll prepare luxurious waterfowl and birds of prey ning session will be followed, raptors, herons and lots of ` meringues; marshmallows and add,to hot•birding action at by a Saturday morning guided songbirds.. Suitable for older s'mores''Anyone..with',a sweet'',! 'the;wetlands in early spring. bird walk at a location to be children and adults with be= toot}rwill"love this'wild•food Meeti Metro naturalist and determined. $10 for members ginning to intermediate bird- adventure:'$25: Advanced , ' . .;expert,biider James Davis in of Tualatin Riverkeepers; $20 ing skills. To carpool, meet registration required; cdll the packing or on North Ma- for non-members. Advance at the Vancouver Backyard (503)'775-3828'., Wild Food' ring Drive: Learn to identify registration required; call Bird Shop: Free. Advanced Adventures '~by arrange- birds by sight and song. Bring (503) 590-5813: Tualatin registration required; call ment binoculars or borrow a pair Riverkeepers (360) 253-5771.'Backyard of ours: Suitable for adults Bird Shop Let's have an adventure' and children 10. and older. Sandy River delta bird 8 a.m. to noon Monday Free. Advance registration is walk Bird watching at Noble. through Wednesday, required; call (503) 79771928. 8 to 10:30 a.m. Saturday' Woods Park Metro Aug. 22-24 ' ' • • June 11- 10 a.m. to noon Sunday, - Children ages 7-10 will hike Learn about wild bird identifi- June 26 in a forest, walk along a Fanno Creek bird walk cation and bird behavior on a Noble Woods is a 37-acre stream, check out pond-life 8 to 10:30 a.m. Sunday, nature walk at the Sandy Riv- wooded park in Hillsboro and explore many of the natu- June 5 er delta: Suitable for adults with a mix of forest habitats ral areas around the'Tualatin Learn about bird identifica- and older children with begin- and an excellent trails system. Basin. Each,day is a different tion and behavior.on a nature ning to intermediate birding Join Metro naturalist and ' adventure as children learn walk along Fanno Creek with skills. To carpool, meet at the expert birder James Davis for about the cool plants and naturalist Elaine Murphy. _ Gresham Backyard Bird Shop. his first birding program at. animals that live in their wa= Suitable for older'children Free. Advance registration Noble Woods. James suspects tersheil. A snack-is provided: and adults. To carpool, meet required; call (503) 661-49.44. that this beautiful spot is a $60 for Hillsboro residdnts; " 'at Beaverton Backyard Bird Backyard Bird Shop` bird magnet. Find out if he's $90 for h6h4 siddnts:'T6 Shop: Free.,Advance registra- right. Bring your binoculars register,-call (503) 681- tion required; call (503) 626 Evening bird walks at or borrow a pair of ours. 5397. Hillsboro Parks and 0949. Backyard Bird Shop Orchard Park Suitable for all levelsof bird Recreation 7 to 8.30 p.m. Wednesdays, watchers, teens and adults., Lunch with the birds June 22 and July 6 Metro Councilor Susan noon to 1•p.m. Wednesdays Join Metro naturalist James' McLain will be our special through June 29 " Davis and Metro Councilor guest. Free. Advance registra- A Meet,a Jackson Bottom natu Susan McLain at Orchard' tion re9uired• call (503) 797- . ralist and spend your lunch Park in Hillsboro for.some 1928. Metro and Hillsboro hour learning how to identify summer birding during one Parks and Recreation migrating waterfowl and of the most pleasant times F' other cool birds at Jackson of the day. This 20-acre site Mary'S. Young State Bottom Wetlands Preserve. in the Rock Creek greenway Park bird walk Great blue heron hike Spotting scopes, binocu, was purchased by Metro with 8 to 10:30, a.m. Saturday, 8 to 11 a.m. Saturday, June 4 Lars and field guides will be funds from the open spaces, . July 9 . Join wetlands education spe- • provided. Meet at the north, arks and streams bond • 'cialist Sarah Pinnock fora p _ Join naturalist Elaine Murphy' viewing shelter next to the measure. The park features' nature walk at Mary S. walk to the east side of Jack- Clean Water.Services sewage on a an accessible looped trail sys- Young Sur ea k and learn son Bottom Wetlands Preserve treatment plant on Highway tem through woodlands and about wild bird identification to see a colony of great blue 219 south of Hillsboro. Free. meadows and across flood- and bird behavior. To carpool, herons on nests high in the Registration is not required. plain and wetland areas via meet at Backyard Bird Shop Douglas fir trees. You should For more information, call be able to observe young and (503)68 1 1-6278-. Jackson Bot- boardwalks. Bring your bin in Lake borrow. a pair of Oswego. adult herons as they go about tom Wetlands Preserve ours. Suitable for all levels of Advance feeding and flight instruction. bird watchers age 9 and older. registration $4 per person. Advance regis- ~.i.+.~ tratiori is required; call (503) Free: Advance registration required;.. 681-6278. Jackson Bottom required; call (503) 797-1928.• call (503) Wetlands Preserve - Metro and Hillsboro Parks 635-2044.. and Recreation Backyard Bird Shop b•: e4j to Summer bird watching' Kelley Point Park bird Tualatin. River accessible Columbia Slough,'. at Smith and Bybee Wet- walk. canoe trip; Re atta lands Natural Area- 8 to 10:30 a.m. Sunday, .9 a.m. to 5 p.m. Saturday, 9 a.m;'to'1,p.m. Sunday,`.i , <<, 9 to 11 a:m. Saturdays; July Aug. 14, . June' 18 'July, 31 , 9 and 16 Enjoy the flora and fauna of Paddle the Tualatin River and This family-focused_event" Join Metro naturalist and Kelley Point Park and learn look for river otter, beaver, attracts hundreds of canoeists birding expert James Davis about wild bird identifica- mink, nutria, red-legged frogs, . grid kayakers each year. to for some great birding as the. tion and bird behavior on`a' " herons; ducks and a variety of the banks of 'the Columbia:' nesting season winds down nature walk with Backyard songbirds. The trip will begin Slough, a waterway' with ' At Smith and Bybee Wetlands Bird Shop. Suitable for adults at Cook Park in Tigard and unique history, abundant Natural Area. See young birds and older children. To car- head upriver. Take advantage wildlife and4nany that have left the nest and pool; meet at the Vancouver of the Tualatin's leisurely pace recreational opportunities. "family activities" such as Backyard Bird Shop. Advance. and quiet:twists and turns Participants receive a free t- feeding and flocking. Learn registration required; call to strengthen your paddling shirt, refreshments and maps to identify the most common (360) 253-5771. Backyard skills and enjoy the scenery:. of the slough. A $5 donation ; birds by their song as'well as , Bird Shop Adaptive equipment and' per boat is requested. their appearance. Suitable for trained staff are available to Advance registration adults and children 12 and support people, with special required;,call. (503) 281-1132.,% older. Bring your binoculars needs. $45 program fee Columbia Slough Watershed or borrow a pair of ours. includes equipment, clothing,, ' Counci l Free. Advance registration instruction and transportation 'dd required; call (503) 797=1928. O"i from Forest,Grove or' Lower Clackamas River Trips MetroG - designated pickup spots in raft trip the Portland area. Advance 10 a.m..to 3 p.m. Sunday, Greenway Trail bird walk registration, required; call Aug. 21 8 .to 10:30 a.m. Saturday, Tualatin River paddle (503) 681-9471. Adventures Paddle a raft down a' July 23 Without Limits leisuielystretch of the lower Ex lore.the Greenwa Trail tour and nature walk . p y 10.a.m. to 2 p.m. Saturday, Clackamas River on this in Vancouver on a bird-ori- June 11 Smith and Bybee all=day adventure. Metro . ' ented'nature walk. Suitable Wetlands paddle.trips naturalist.Deb Scrivens will for older children and adults join Metro naturalist James. Travelin b canoe or Davis and members of the g y point out" the natural wonders with beginning to intermedi=, kayak is the best way to and wildlife along the way, Tualatin Riverkeepers for a ate birding skills. To carpool, leisurely paddle upstream and explore Smith and Bybee - . and river-guide Ken Barker meet at the Vancouver Back- Wetlands Natural Area in 'will teach'you how to control yard Bird Shop. Free. Ad- back from one of Metro's North Portland. Bring your, your raft through the mild vanced registration required; future river access points west of Tigard. Before the own kayak or canoe and \ rapids. Metro Councilor call (360) 253=5771. Back- . paddle trip we'll take a brief personal flotation 'device. Brian Newman and Council yard Bird Shop The trip leader will contact President David Bragdon-will walk to explore the forested participants if it is necessary. • be our special guests. This is part of the property, looking Cedar Creek Trail bird to cancel the trip due to low a great trip for beginners and walk for wildflowers; birds, and . water levels. Meet at the families; Bring your lunch. animal sign. Then explore lot on North Marine, 8 to 10:30 a.m. Saturday, the habitats of this area parking $35 fee includes instruction, Aug. 6 paddling the river for about Drive. Advance registration . raft equipment and shuttle. Enjoy viewing native flora three hours. Birds will be required. Friends-of Smith To register acid for details,. and fauna with naturalist singing from the banks for and Bybee Lakes call (503) 797-1928. Metro. Elaine Murphy-on a bird the entire trip. Bring drinking 6:30 to 9:30 p.m. Monday,' and Northwest Discoveries oriented nature walk'on the water, snacks, insect and sun June 20 Cedar Creek Trail. Suitable protection, and-water' roof . To register, call Frank Opila for'adults and older children, binoculars if you have-them. at (503) 283-1145. with beginning to intermedi Advance registration and ' 8 a.m. to noon Sunday, ate birding skills. To car- payment are required. The July 24 pool, meet at the King City registration fee is $5 for To register, call Troy Clark'at Backyard Bird Shop. Free.- members of the Tualatin (503) 249-0482. Advance registration required; _Riverkeepers and includes ' ~ • call (503)•968-9295. Back- . free canoe use. Non=members noon to 4 p.m. Saturday, yard Bird Shop . pay $10 to register for the' Aug. 13 trip.with their own boat and To register, call Dale Svart a N can rent a canoe from the ' . (503) 285;3084... riverkeepers for an.additional $20. To register, call Tualatin ° Riverkeepers at (503) 590- 5813. Metro and Tualatin ° Riverkeepers ' I - Friends of Trees. at the will•be provided. Advance Lone Fir workdays . Of A, refuge registration required; call 10, a.m. to 1 p.m. Saturdays, I r'. 9 a.m..to noon Saturday, (503) 797-1928. Metro -June 18, July 16 and Aug. 20 ~v .4 entures June 11 Help restore Metro's Lone Fir Help with weeding and Monumental evenings Pioneer Cemetery. Activities; mulching at Tualatin,River at Lone-Fir. include -cleaning and leveling KEEP .NATURE IN National Wildlife Refuge in. 6:30 p.m. to sunset Tuesdays,, headstones, raising sunken j Tualatin. Tools and training June 14 and 28, July 12 and . stones, gardening, landscap- N E -I G H B O R H O O D S will be provided. For meeting 26, and Aug. 9 and 23 'ing and recording headstone location and directions, visit Enjoy the beauty and tran information for a research of Lone Fir Pioneer project. For more informa- Bauman Park work day www•friendsoftrees.org and quility click on 'planting schedule"' Cemetery in Southeast Port- tion, call Becky at (503) .775- 9 a.m. to noon Saturday, June 4 or call (503) 284-8846. There land.' Discover stories of days 6278. Friends of Lone Fir. Help remove Himalayan is no need to register unless gone by as you help care for Cemetery blackberry and English ivy you are bringing a group of the headstones and landscape from the natural areas of 10 or more. Friends of Trees of this historic pioneer cem- Tualatin Hills Nature Bauman Park. Bring a shovel, ' by arrangement etery. The focus this year is Park project days loppers and, work gloves, if tombstone transcription, site 9 a.m. to 1 p.m. Saturdays possible. Refreshments will be . Friends of Trees, neigh- maintenance and beautifica- and Sundays, June 18 and 19, provided. The park is south- borhood coordinator tion..Meet at the-entrance at , July 16 and 17, and Aug. 20' 'west of the intersection of training Southeast 21st Avenue and and 21 Morrison Street. For,more in- Help *a Tualatin Hills'. Nature Southwest Oleson Road and 9 a.m. to 1 p.m. Saturday, Park ran er remove invasive Ames Way. Meet at the dead June 11' ' formation, call Becky at (503) g 775-6278. Friends of Lone Fir plants and create a desirable end on the north side of the Neighborhood residents learn - bitat for native plants and park. To register, call Melissa how to organize.tree plantings Cemetery ha wildlife. Bring work gloves at (503) 629-6305 ext. 2953. in their,neighborhoods during and drinking water. Vo ves Tualatin Hills Park and Rec- next year's planting season.' Errol Heights wetlands reation District Advance registration required; work days teers younger than 18 need a parent waiver form, and vol- call Rachel at (503) 282-8846 9 a.m. to noon Saturdays, unteers.younger than 14 must Hideaway Park work day ext. 19. Friends of Trees June 18, July 16 and Aug. 20 be accompanied by an'adult. 9 a.m. to noon Saturday, Help restore the Errol Heights To-register, call (503) 629- June 4, Powell Butte trail property in the heart of. 6350. Tualatin Hills Park and Help remove Himalayan maintenance SoutheastPortland. This 12- . Recreation District blackberry and English ivy '9 a.m. to noon Saturdays, acre site has three spring-fed from the natural areas of , June 11; July'9 and Aug:13 ponds and is used by local Woods Memorial Natural Hideaway Park. Bring lop= Help repair the trails at Pow- . school children as an out- Area restoration pers, a shovel and work ell Butte Nature Park. Brin door laboratory. Meet-at the g 9 a.m. to noon Saturdays, gloves, if possible. Refresh- water and loves. Meet at corner of Southeast 52nd g June 18; July 16 and Aug. 20 - merits will be provided. the parking lot at the, top of and Tenino. Bring water and Help restore this 34-acre Meet at the park entrance the hill on Southeast 162nd gloves. To register, call (503) wooded-'park in-Southwest on Southwest Oleson Road . Avenue south of Powell Bou- 823-6131. Portland Parks Portland by removing non-na- south of Miles-Court. To levard. To register, call (503) and Recreation, tive plants and building a new register, call Melissa at (503) 82376131. Portland Parks trail system.-Bring water and 629-6305 ext. 2953. Tualatin and Recreation Friends of Trees at gloves. To register, call (503) Hills Park and Recreation Bonita Park , 823-6131. Portland Parks District Stewardship day at 9 a.m. to noon Saturday, and Recreation Smith and Bybee . Jyne 18 ' Dickinson Park ivy Wetlands Help with weeding and Friends of Trees, at removal mulching at Bonita Park in 4 i 9 a.m. to noon Sunday, Gresham, Woods . 9 a.m. to noon Saturdays, June 12 Tigard. Tools and training 9 a.m: to noon Saturday, June 11, July 9 and Aug. 13 Help restore native plant will be provided. For meeting June 25 Help remove ivy from this communities at a variety location and directions, visit Help with weeding and small nature park in South- of sites around Metro's www•friendsoftree's.org and'' mulching at this natural area west Portland, Meei at the 2,000-acre Smith and Bybee click on "planting schedule" in Gresham. Tools and train- turnout on Southwest 55th Wetlands Natural Area in or call (503) 284-8846. There ing will be provided. For Avenue south.of Taylors Ferry ' North Portland. Restoration' is no need to register unless meeting location and direc- Road. Bring gloves and water. activities include maintaining . You are bringing a group of tions, visit www.friendsoft- To register, call (503) 823- native plants and removing 10 or more. Friends of Trees rees.org and. click on "plant- 6131. Portland Parks and invasive species that threaten (~,by arrangement ing schedule" or call (503) Recreation the habitat. Wear long pants 284-8846. There is no need to and sleeves-and sturdy shoes. register unless you are.bring- Tools, snacks and water ing a group of 10 or more. . Friends of Trees. &by arrangement Fourtfx o 0 A frre,Np a e a a a t F ~au~aaaaaa~maas~ m~ _ ro u 15 Soup on the Slough, pg. 9' 1A°YA. SG JUNE 16 Oxbow campfire program: Bats, pg. 4 r 16 Summer bird watching at Smith and'Bybee Wetlands, pg.,12 1 Lunch with the birds at Jackson,Bottom, pg. 11 16 Painted turtle walk, pg. 7 4 Painted turtle walk, pg. 7 16 'Tualatin, Hills Nature Park project day, pg. 13 4 Hideaway Park work day, pg. 13, 16 Lone Fir work day, pg. ;13 Cck k nuc' I ndc ucirdu cc 16 Errol Heights wetlands work daY. pg. 13 W1);i ti id) f i rc %N i r, S, m US1C t 4 4 Great Bauman blue Park heron work hike day, at pg. 13 Jackson Bottom, 16 Woods Memorial Natural Area restoration, pg: 13 wy pg. 11 i n d f u l l . PaC.Cn1C 4 . Spring bird walk at Srnith and Bybee Wetlands, P911 16 Fanno Creek Greenway Trail walk, pg. 8 p e v 5 Fanno Creek bird walk, 11 17 Tualatin Hills Nature Park project day, pg. 13 fit, h);td II vour lowed"Ones P9 dventures, 6 Tot walk at George Rogers Park, pg. 7 18 LittleA Pg 9 and luui u~ at Blue' Lakc 8 Tualatin River birds, pg. 11 19 Oxbow adventures: Forest fashion, pg. 5 for c xj rime for ifle 8 Lunch with the birds at Jackson Bottom, pg. 11 22 Oxbow campfire program: Fiddling in the park, pg. 4 T a J 11 Powell Butte trail maintenance, 13 22 Family bat outing, pg. 9 whole faintly ACtlugrnc`aaLC pg. 11 TualatinRiver paddle tour and nature walk, pg. 12 23 Bull Run watershed tour, pg. 10 lOCatedt~the w ;t zild of 11 Friends of Trees at the refuge, pg. 13 23 Oxbow campfire program: Slithering tales, pg.,4 a? the paPk.. 11 Dickinson Park ivy removal, pg. 13 23 Greenway Trail bird walk, pg 12 ' 11 Sandy River Delta bird walk, pg. 11 24 Wild berries and food, pg. 10 - a..\ 11 Cycle the Wellfield; pg. 7 24 Smith and Bybee Wetlands Natural Area paddle trip, pg. 12 , F~161~11, at tlYltieS 11 Friends of Trees neighborhood coordinator training, pg. 13 24 Graham Oaks Natural Area tour, pg. 10 1 to 5 Nr 12 Stewardship Day at Smith and Bybee Wetlands, pg. 13 25 Wetland Explorers, pg. 10 13 Tot walk at Bryant Woods Nature Park, pg. 7 26• Monumental evenings at Lone Fir Cemetery, pg. 13 "~~IlterndtlonalVood 14 Monumental evenings at Lone.Fir Cemetery, pg. 13 26 Oxbow adventures: River roundup, pg. 5 15 Lunch with the birds at Jackson Bottom, pg. 11 26 Twilight Tuesday at Smith and Bybee Wetlands, pg. 8 6 \COU,,Irt 18 Tualatin Hills Nature Park project day, pg. 13 29 Oxbow campfire program: Old-time music, pg. 4 - 1a01U p.m. 18 Lone Fir work day, pg. 13 30 Oxbow campfire program: Discovering ethnobotany, pg. 4 18 Errol Heights wetlands work day, pg. 13 30 'Midsummer night at Lone Fir, pg. 10 Music 18 Tualatin River accessible canoe trip, pg. 12 31 Columbia Slough Regatta, pg. 12 l l1. c rcnl p S 11.1 n 1 t i I I 18 Woods Memorial Natural Area restoration,, pg. 13 31 Arnold Creek anniversary celebration, pg. 10 18 . Friends of Trees at Bonita Park, pg._ 13 perform classic rock, 19 Tualatin Hills Nature Park project day, pg. 13"~"~ ,moorh jazz and rhvthrn .19 CanemahBlufftour, pg.8 - AUGUST and hluea music frinn the 19 Osprey Day on Father's Day,pg.5 ` 20 Summer solstice paddle at Smith and Bybee Wetlands, pg. 12 5 C)s and ' 9! )s • 20 Tot walk at Tryon Creek State Natural Area, pg. 8 5 • Oxbow campfire program: Old-time bluegrass tunes, pg. 4 . to 10 rtt. 21 Twilight Tuesday at Smith and Bybee Wetlands, pg. 8 6 Oxbow campfire program: Birds of prey, pg. 4 • P• 6 Encounter at Nichagwti, pg. 9 21 A bug's life in the Columbia Slough, pg. 8 6 Cedar Creek Trail bird walk, Pg•' 12' - 22 Evenin bird walk at Orchard Park, 11 ' Fireworks above g pg. 7 Kolk pond tour, pg. 9 • 22 Lunch with the birds at Jackson Bottom, pg. 11 : 8 Enviro Camp, pg. 10 , the park 22 Animal tracking workshop and practice, pg. 8 . ne Fir Cemetery, pg. 13 10 to 1 1 p.m. 23 Exploring the great outdoors: for parents and children, pg. 8 9 9 Twilight Tuesday Monumental day evenat-Smith ings nings at at Loand Bybee Wetlands, pg. 1 8' 25 Fanno Creek Greenway Trail walk, pg. 8 12 Oxbow campfire program: Fiddling in the park, pg. 4 vdm+ti i m i,, k- per 25 Explorando el Columbia Slough, pg. 8 12 Life at dusk, pg. 10 erh i lr. No pus, alc++h+,l 25 Friends of Trees at Gresham Woods, pg. 13 13 Oxbow campfire program: The amazing night life of bats, pg. 5 25 Sauvie Island bird walk, pg.' 11 13 Wa ato Island wild food expedition, 10 n' pcrs final tircwc+rk,. 26 Bird'watching at Noble Woods Park, pg. 11 p pg. 28 Monumental evenings at Lone Fir Cemetery, pg. 13' . 13 Smith and Bybee Wetlands Natural Area paddle trip, pg. 12 ' Presented by 28 Oxbow adventures: Osprey adventure; pg. 5 13 Powell Butte trail maintenance, pg. 13' G mu 28 Discover nature in your park, pg. 8 13 Dickinson, Park ivy removal, pg. 13 P 14 Kelley Point Park bird walk, pg. 12 28 'Twilight Tuesday at Smith and Bybee Wetlands, pg. 8 14 Marshmallow, meringue and s'mores from'wild plants, pg. 11 Sponsored by 29 Lunch with the birds at Jackson Bottom, pg. 11 14 Graham Oaks Natural Area tour, pg. 10 The Gresham Ourltictk 19 Oxbow campfire program: Old-time music, pg.5 20 Woods Memorial Natural Area restoration, pg. 13 Merchants B ink JULY 20 Tualatin Hills Nature Park project day, pg. 13 l ct n r .20 Errol Heights wetlands work day, pg. 13 Mt. f oOd Cornni(1nity 1 Oxbow campfire program: Jenand Wendy'stunes, pg.4 20 Oxbow'campfireprogram: Discovering ethnobotany, pg: 5 ,l Ic c 2 Oxbow campfire program: Birds of prey, pg. 4 .20 Bull'Run watershed tour, pg. 10 4 Fourth of July fireworks at Blue Lake, pg. 14 20 Lone Fir workday, pg: 13 f u rr;t C:hcvrt'Ict 5 Oxbow adventures: Barefoot and bear feet, pg. 5 21 Tualatin Hills Nature Park project day, pg. 13 Special [hanks 6 Evening bird walk at Orchard Park, pg. 11 , 21 Lower Clackamas River: raft trip, pg. 12 Fo 1 r % Po tl icc 8 ' Oxbow campfire program: The folk music of Juliet Wyers, pg. 4 22 Let's have an adventure, pg. 11 9 Twilight hike at Jackson Bottom, pg. 8- 23 Twilight Tuesday at Smith and Bybee Wetlands, pg.,8 )upa rtn nen t g Dickinson Park ivy removal, pg. 13 23 Monumental evenings at Lone Fir Cemete y,'pg. 13' N111 It I I 1 m ah Cu 1.111 tv 9 Oxbow campfire program: Storytelling with Will Hornyak, pg. 4 26. Oxbow campfire program: Jen'and Wendy's eclectic tunes, pg. 5 Sheriff's Off ic(. 9 Summer bird watching at Smith and Bybee Wetlands, pg. 12 . 27 Bug Fest at Tualatin Hills Nature Park, pg. 10 9 . Powell Butte trail maintenance, pg. 13 27 Oxbow campfire program: Storytelling, pg. 5 Gr(sham I I"r Dcpartmcilt 9 Painted turtle walk, pg.7 27 Fanno Creek Greenway Trail walk, pg. 8' C;rctihani'Ch,unbcr cif 9 Mary S. YoungState'Parkbird walk,,pg.11 ' (,;11 rt i 11 c rcc 10 Ambleside amble on the Springwater Corridor, pg. 9, NVCe t C dunihia (oq c _ 10. Scout game at Oxbow, pg.9 SEPTEMBER ' 11 Wetland Adventures, pg. 9''. Chamber 4 Ct +m rn c c c 12 Oxbow adventures: Sneaky scavenger hunt, pg. 5 2 Oxbow campfire program: The folk music of Juliet Wyers, pg. 5' Vol untccrs 111 t hr Gor.;e 12 Twilight Tuesday at Smith and Bybee Wetlands, pg. 8 3 Oxbow campfire program: Shadow puppets, pg. 5 Gresha OprimitttC-luh 12 Monumental evenings atLone.FirCemetery,pg.13 13 Bugs and Blooms Mini Camp, pg. 9 15 Oxbow campfire program: Old-time bluegrass tunes, pg. 4 See you there! Howell Territorial Park on Pioneer cemeteries in Mult- Metro regional . Information Sauvie Island is a scenic blend nomah County offer a unique, L parks, greenspaces of natural and cultural history. look into the history of the region numbers The Oregon Historical Society and are managed as operating and facilities provides interpretive tours of a facilities. Dating back as early as General number pioneer house and agricultural 1851, 14 pioneer cemeteries offer (503) 797-1850 museum-on summer weekends. scenic tranquility and a glimpse 'Blue Lake Regional Park pro- Picnickers and birdwatchers into the past. Picnic reservations 797-1928 vides archery, volleyball, softball, enjoy this idyllic site, which also (503) horseshoes, playgrounds, food includes nine acres of wetland Chinook Landing Marine Park, concessions, bike and boat rent- and surrounding pastoral land. a 67-acre marine park,with six Registration for Metro als, swimming, fishing and large There are two rustic areas that launching lanes on the Columbia activities picnic shelters perfect for family can be reserved for small picnics River,'is the largest public boat- (503) 797-1928 ' reunions and company picnics. or weddings. irig facility in Oregon. The park Blue Lake Regional Park Bikers, runners and walkers Accessibile'features: restrooms offers picnic and viewing areas, 5 enjoy the,trails along the lake and Picnic areas and barn museum. wetland and wildlife habitat, (03) 665-4995 throughout the park. The Lake , disabled-accessible docks, rest-' House is an elegant site for wed- Location: Take Highway 30 rooms and a seasonal river patrol The Lake House ; dings and other special events. north past Linnton to the Sauvie station. (503) 797-1928 Accessibile features: parking, Island Bridge. Cross the bridge, Oxbow Regional Park y Accessibile features: parking, proceed north a roximatel restrooms,' archery, fishing dock, PP restrooms, picnic area and (503) 663 4708 picnic areas water area 1 mile and turn right onto Howell - play Park Road. observation deck. Howell Territorial Park playgrounds, park paths, office, Location: Adjacent to Blue Lake (503) 665-6918 food concession, wetlands obser- vation deck and trail loop.. Smith and Bybee Wetlands Regional Park on Marine Drive. James Bybee House Natural Area is the largest pro- Entrance fee: $5 per vehicle. (503) 222-1741 Location: Between Marine Drive tected wetland within an Ameri- and Sandy Boulevard off North- can city. Home to beavers, river Smith and Bybee east 223id'Avenue.'From otters, black-tailed deer, osprey, M. James Gleason Memorial Wetlands Natural Area I-84, take the Fairview exit (14) bald eagles and Western painted' Boat Ramp is a.convenient public (503) 797-1844 and go north on 207th Avenue to turtles, this 2,000-acre wildlife boat launch on the Columbia Sandy Boulevard. Turn right onto area offers a paved trail with two River, minutes from downtown Marine. facilities Sandy and travel east to 223rd, wildlife viewing platforms. Non-. Portland. Amenities include (503) 665-6918 and turn left. Proceed north to motorized. boats are welcome. ' launch lanes, boarding docks, Glendoveer.Golf Course Blue Lake Road and the park. restrooms, river maps and a river . Accessibile features: parking; patrol office.' (503) 253-7507 Entrance fee: $4 per car and.; Interlakes Trail, wildlife viewing Pioneer cemeteries $7 per bus. platforms and restrooms. Accessibile features: parking and restrooms. (503) 797-1709 Oxbow Regional Park, a 1,200- Location: On Marine Drive be- : . i tween the Expo Center and Kelley Location: Northeast.43rd Avenue acre natural area park located . and Marine Drive. within the wild and scenic Sandy Point Park.. Take I-5 to exit 307.• 'Note: In order to protect wildlife • Go west on North Marine Drive Entrance fee: $4 per vehicle.'. River Gorge, offers the opportuni- habitat, and for their own safety, walk through an old-growth for'2:2 miles. Turn left at the ty to g g large brown and white natural Sauvie Island Boat Ramp,en- pets are not permitted-at any forest or watch fall chinook Metro park or greenspace. area sign. ables boaters to enjoy the salmon swim upstream to spawn: quiet waters and wildlife of The river draws swimmers, Beggars-tick Wildlife Refuge, a Multnomah Channel. Picnic rafters, kayakers and anglers. 20-acre greenspace located along- tables, parking and restrooms L The "accessible'features" Hiking trails, wooded campsites, the.Springwater Corridor Trail, are available. listed above are facilities and reservable picnic areas, horse named after a activities that are accessible to trails, playgrounds and play fields was species of na- Accessibile features: parking, wheelchair users. For information are also available. five sunflower. The refuge is home restrooms and picnic area. about other kinds of access or - to a variety of native plant species Accessibile features: parking, of- and wildlife, and provides open Location: At the junction of accommodations, call (503) 797- fice, restrooms, shower buildings, water for migratory waterfowl in Burlington Ferry and Sauvie . 1728. three campsites, picnic shelters the winter. Island roads. and campground amphitheater. Accessibile features: parking and Lotion: Eight miles east of paths ,(compactedgravel). Glendoveer Golf Course Gresham. From I-84, take the provides challenging play for Troutdale exit (17). Go past the Location: Southeast 111th every level with two 18-hole golf" truck stop to the light. Turn right Avenue, just north of Foster Road. Also accessible from the courses. A,2-mile fitness trail on.257th, go 3 miles to Division along the perimeter of the course . Street. Turn left onto'Division. Springwater Corridor Trail. draws joggers and walkers to the Follow the signs 6:5 miles and natural setting. There also are" turn left. Follow the road io the tennis and racquetball courts, a park. driving range and a.restaurant. Entrance fee: $4 per car and Location: 140th and Northeast $7 per bus.. Glisan Street. k7 Ase t~~\C. I.Jal~~11"i E1]f~`,i!\`~ ~ilifl ~i~' , f j^ -l' S;r ~~"`~r ~ ~t~7 „Iv~ r ` t y^~ 1r~F'•; _ ' a Saturdays, Sundays and holidays, 1 2 May 28 through Sept. 5 Boating, fishing swinunmg picnicking and hiking abound at Blue fake . ~ Ti1QMiT ~ Metro's Blue Lake Regional Parkin hairyfek~ a summertime hot spot for all ages. TriiMet is launching a-pilot service, called ~ Shut 't] the Blue Lake; Shuttle, to provide another way for people to get to the'park on sirmmer_weekends and holidays." ' The shuttle runs evern 20 minutes from 10 a.m. to 5 p.m. ? `between Gresham Central Transit (,enter,'aiid the'park via ;Northeast 223rd tlvenue (ri~Saturdas, Sundays Memorial Day, Independence Dav 'al-id Labor Dav. Complete schedules and trip planning are available at trimet.org or b}', cal Hit, . ( 503) 238=RIDE.'Re1ular TriMet fares apply; riders get into the park for-tree. ` q;1 ADDRESS-SERVICE REQUESTED METRO 600 NE Grand Ave. Portland, OR 97232-2736 Nature in i i Neighborhbods MAp BELONGS MERE Agenda Item No. 5 For Agenda of August 9, 2005 THE TIGARD CITY COUNCIL WILL BE ASKED TO: SET OVER TO THE AUGUST 23, 2005, CITY COUNCIL MEETING THE CONSIDERATION OF THE FINAL ORDER REGARDING THE APPEAL OF CONDITIONAL USE PERMIT FOR THE TIGARD FIRST BAPTIST CHURCH EXPANSION THE SET OVER IS TO ALLOW ADDITIONAL TIME TO PREPARE THE FINAL ORDER DOCUMENTS z, • iii J i AGENDA ITEM No. 6 Date: August 9, 2005 TESTIMONY.. SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC. HEARING (Informational) Formation of Sanitary: Sewer Reimbursement District No. 35 (SW Ash. Ave nue) This is a City of Tigard pub/ic meeting, subject to the State of.Oregon's. public meeting and records. laws. AO written and oral testimony become part of the public record and is open%y availab/e to a// members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be'included in the meeting minutes, which is a pubfic record. Due to Time Constraints City Council May Impose A Time Limit on Testimony IaadmtgreeAdty counciltccslgnuptph testimony intonnational.doc AGENDA ITEM No. 6 August 9, 2005 PLEASE PRINT This is a City,of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name; Address & Phone No. eL4 I 3 58o s u3 1+9H AJ- - otj c9 6~ 4 7 zz 3 iZ C Name, Address & Phone No. Name, Address Phone No. Name, Address & Phone No. S' y3~Ssc,~s testa-~- . 77 CA", 6'Yz-Q722-3 ray 0Yer3'~. no 7? ce, Name, Address & Phone No. Name,, Address &,Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF August 9, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 35 (SW Ash Avenue). PREPARED BY: G. BgM DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. { INFORMATION SUMMARY The .proposed project would provide sewer service •to ninelots. along: S W Ash Avenue; near .Garrett Street.' Through the.! City' s, Neighborhood S'ewer.Extenkoin,Program; the City would install public-:sewers' to, each lot,<withih,the ' . '...~.;.~,.i: Reimbursement District and,the owners: would reimburse'the:City:.r,. fo a fair share of theccost:of the:public sewer at. ; . .!the time of connection to the sewer.:In addition;"each::.owner:would.be required to-pay a.tonriecti6n fee, currently:. $2,635, before connecting to the line and wouldrbe+iesp6nsible' for disconnecting the existing septic system according to County rules and any other, plumbing modifications necessary to connect to the public line. On July 6, 2005, staff met with owners to review project procedure, construction schedule and estimated costs. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. r VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not.applicable. ATTACHMENT LIST - Attachment 1-Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Vicinity Map Attachment 3- Communication Plan Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6-Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The estimated cost of the project is $110,215. This amount includes the estimated cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. i:*rgUW0 2000 ly dplesh eve ss dWrldVwma00m&306 re'vn disl 05 ais.doc . ' f E PROGRAM . ASN`...AVENR EXTENSION . SEE:ISIRICT #35 T2S RA W M~ ITARY: W 2005-06 SABURSEMENT O`:.SECTION 2 _ .Y s of T :R RTION HE A PO . Z sj Z P4,~0~' /yL's GF. O'NMARA ST 4rq - 4 EDGEW00 S7 h'/~~ VIEW CT `I s - - • J Revision 1 4 INITY MAP . NTH Attachment 3 Communications Plan SW Ash Street Sanitary Sewer Extension Goal: Construction Sanitary Sewer Extension for Reimbursement District No..35. Timeline: FY 2005-06 Construction Season. Communication Goal: To communicate to property owners.within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule; and final cost for the Reimbursement District. Date Item Description Responsibility 6/24/05 Neighborhood Meeting Mail Meeting Notice to property owners Administrative Notice Specialists Meet with property owners to explain Engr. Manager 7/6/05 Neighborhood Meeting procedure and to review estimated costs Project Engr. and construction schedule. 7/26/05 Hearing Notice Mail Notice of formation of Reimbursement Administrative District to Property Specialists 8/9/05 Formation Hearing City Council reviews and forms proposed Project Engr. Sanitary Sewer District 8/10/05 Notice of Decision Mail Notice of Decision to property owners Administrative within District Specialists 8/18/05 Advertisement Submit advertisement for bids to DJC and . Administrative TT Specialists A, Engr. Manager 9/1105_ „ B.id.Opening Opening:of Bids at public bid opening. :Administrative',•f..: Specialist. 9/14/05 ' ' Award Bid Send Notice of Award and contract .Administrative.. documents t'o'lowest bidder S ecialists 10/3/05 Pre-Construction Meet with contractor to, review project Construction Meeting requirements Ins ector:..., , 'I.. 10/3/05 Notice to Proceed Authorize contractor to begin work. Administrative Specialists Plan needs to be approved by construction Construction 10/3/05 Traffic Control Plan Inspector inspector and project manager En r. Manager Throughout Lateral Confirm location of laterals with property Construction construction Locations owners Inspector Throughout Construction Notice Hang Construction Notice on doorknobs of Construction construction property owners impacted by project Inspector Contractor Throughout Inspector is available to' receive and Construction construction Construction Inspection respond to complaints Inspector Notice to property Mail hearing notice, resolution, property Project Engr. 10/24/05 owners of final hearing. owner cost to each property owner. Administrative Specialists 11/8/05 Final hearing Council approves final costs to owners Project Engr. Notice of sewer Mail approved resolution with final costs to Engr. Manager 11/9/05 availability each property owner Administrative Specialists Prepared by: Approved by I:\ergt0repVeimbursement dlstricts\35 as a onnationt3.0605 reim dist 34 wmmudcadom plan.doc Attachment 4 August 9, 2005 CITY OF TIGARD - OREGON NOTICE'~ Informational Hearing NOTICE IS HEREBY.GIVEN THAT THE TIGARD CITY COUNCIL AT'A MEETING ON TUESDAY,, AUGUST 9, 2005 AT,7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC. CENTER 13125 SW HALL BLVD TIGARD-.OR-97223 TO CONSIDER'THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 35. (SW Ash Street) 4 The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District-formed to install sewers in SW Ash Street. Both public,oral and :written testimony is invited. The public hearing on this matter will .be conducted as required by Section 13.09.060 of the Tigard Municipal ,Code. Further information and the scheduled time fdr this item during-the Council meeting may be obtained. from the Engineering Department, 1,3125 SW Hall Blvd. Tigard„ Oregon 97223, by calling 503 718-2468 or at www.ci.tigard:or.us. 19en0\2005-2008 fy cip\ash ave ss distriavonnation\7-25-05 notice 1.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171. TDD (503)•684-2772 Attachment 5 ADAMS VERNE E YARGER SEAN & APRIL' 13565 SW ASH 13585,SW ASH AVE TIGARD, OR 97223 TIGARD, OR 97223 BOONE JOE LEE & WINIFRED ROBERT THOMAS ROY' F 13605 SW ASH ,AVE 13560 SW ASH TIGARD, OR 97223 : TIGARD, OR-97223 COX FAMILY TRUST DIGMAN DONALD C 13580 SW ASH AVE 13600 SW ASH TIGARD,.OR 97223. TIGARD, OR 97223 , REDLINGER ELIZABETH OLSON NORRIS A 13630 SW ASH AVE ::13660,SW ASH AVE TIGARD, OR 97223 TIGARD, OR 97223. OSTROSKA WILLIAM L 13500 SW'PACIFIC HWY #235 TIGARD, OR 97223 ' Attachment 6 CITY OF TIGARD, OREGON, RESOLUTION NO.01- A` RESOLUTION REPEALING RESOLUTION NO. 98-51 AND -ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT. INCENTIVE PROGRAM WHEREAS, the City.Council,has initiated the. Neighborhood -Sewer Extenkbri'Program to extend public sewers through Reimbursement Districts.in accordance with TMC Chapter 13:09; and.. WHEREAS, on October 13, 1998, the'City Council established The Neighborhood Sewer Reimbursement District Incentive Program, through Resolution'No: 98=51 to encourage owners to connect to public sewer. The program.was offered fora two-year period after which the program would be evaluated for continuation; and ,WHEREAS; omSeptember 26, 2000,'the City'Council extended The Neighborhood Sewer Reimbursement District Incentive Program anadditional two years through Resolution No- 00760; and ' WHEREAS, City `Council finds that residential areas that remain without sewer service should be provided - with.service within five.years; and WHEREAS, Council .has directed that additional incentives should be made available to encourage. owners to promptly connect t6: sewers once service is .available and that owners who have•paid.for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives.. NOW; :TIIEREFOREA E IT RESOLVED by the'Tigard City Council that: SECTION 1:: Resolution No. 98-51; establishing the Neighborhood Sewer Reimbursement District ' Incentive Program is hereby repealed. SECTION 2: A revised incentive' program is hereby established . 'for the Neighborhood Sewer Extension Prograni.• This. incentive program shall apply to sewer connections provided through the sewer reimbursement;districts.shown on the attached. Table 1 or established, thereafter. All connections, qualifying under this, program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance. with TMC Section 13.09.105 or by two.'years from the date this resolution is passed,' which ever is later, as shown on the. attached Table 1. SECTION 3:' . To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by'an owner of a lot zoned single•familyresidential shall, not exceed,$6,000 per connection, provided that the lot owner complies with the`provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies; only to the reimbursement `fee for the sewer installation and.not'to the connection fee, which is still payable`upon application for RESOLUTION NO. O1-9 Page 1. sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect' to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is. entitled to reimbursement from the City. The-amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full- explanation of any circumstances that require payment to any person who is not an original payer: The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001.• SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide' the funding for the installation costs .over $6,000 .up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This d - day of 2001. ayor Ci of 'and ATTEST: i Recorder - City of and . IACitywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.O1-(! Page 2 ' TABLE .1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE- PERIOD ENDS TIGARD ST.No:8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106TH & JOHNSON No.12 5,598 No reimbursement available. ` 1007" & INEZ No.13 8.000 'July. 11,2003 WALNUT & TIEDEMAN No.14' 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available. DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121sT No.18 - Amount to be reimbursed will be Throo years from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed 1 ' r Attachment 7 CITY OF TIGARD,- OREGON RESOLUTION NO'. 03- A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and : . WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46,to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: hi addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds. $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed, in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The AnnualTee Adjustment required, by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section •1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment, of the portion . of the reimbursement fee that exceeds $15,000 if connection to the-sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots unproved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay .$6,000 if the fee exceeds that amount, and may defer payment of the portion of the . reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time. of development. The Annual Fee Adjustment required by TMC, Section 13.09.115 shall not apply to payments made under this section. ` SECTION 5: " 'The- owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by.the City Engineer, acknowledging the RESOLUTION NO. 03- ~5 Page 1 owner's and owner's successors obligation to pay the deferred'amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall-be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of Qr,+ob¢n1 2003. 114.wft. Gity of Tigard Craig E. Dirksen, Council President ATTEST: o - City Recorder - City of Tigard - 1:1enp10rey1refmburs end d1sWc1sUw1510ns res 0148 aug 28 WNW 14 03 oounoe10.14.03 addrJon to res 1.48 resAOC 1 'RESOLUTION NO. 03- 55 Page 2 : Cound l M_IL To: City of Tigard Re: Citywide sewer. project. As residents of the Frewing Tract neighborhood, specifically-13585 SW Ash Ave., we must strongly object to the plan to deliver sewer-to our home for the simple reason that . we. are not..willing,to relinquish the.value. in our home, which we expect. may cost upwards of $20,000, and top of that, pay the additional sewer_fees'from then on' To date; our septic system has been working•just fine and we clean it regularly. We have no need for this plan. We recognize that despite..our argument,.we may be forced. to use the- sewer, at some time in the future; but we still remain very much in opposition to this plan. The amount of funds required from the homeowners. is exorbitant. We do not have this kind of money available, and even if we did, this represents the worst-possible investment that it could be used for. Please reconsider the impact of this project to.your neighborhood families. - Sean and April Yarger 13585 SW Ash Ave ' 503-968-0993 t~~•.a•. s? ! ~ :j' '{'~"+tif°~' r~;,,,,.~`i.tr31~(s.•:r,••+r .,7?i ~,P.s`.(~: . '.;Jf(; iif .:C7t3~/• . t ~ . _:.t !Sry): "Ai.'! .1.~trt4..t +rf„ a 1 i`,~y'tc` 1;1 ~i~!', t.~<.Lf .+f~•1 •,j iii J.1~~~'•~ ~r~e: P; 1~fi~:~t 06, `00 . On .f :fit' t['Jil.i ~rr ,~Fj•t•}`~' iitt.i n,i:IJ:r.,. ;s•'. itit}!l ti~f';. 1'r• ti:ii~t ~'sii _ .la OVA! ^:+i'•E ?lfrt..•;' i:'.i :~k`~~<i:~!.1~ r•.3 1.'(,; •y+r i,..f:.;i .t7!t ° .ti ~ :?;i%~3. '.rj~~.~. Li}.!' :1 ~Y;~t: .Vj'"iSr .h^i ;j ~ J ~ i}. r `'t9~'F: .wtf :1 ~.i= f`:'. ...t' ,'}d"~'.i• ai'_., 1 a3 Y.. irl. '.f '.1)!N ai+• is w o 01; so: w ",Y ;f .,i, 'rt; . {p +i,Sty.iq+i...•`{. .:r! + N•t.} PS vt^t-'.. n tM ~~t} ,"Y~.) .,3 :.s; iii :F{;i~ :g t~f ?i;l~:~?•:~`~i 1 ~(r i!»i:i:~a:ir .i41a:f:c;f'j f{'(:. ~f.'~,.:,1'?i1'i~t'.~i.~ t!y . t :!t .•J f se f "t my! bit: Sr: : r.t !3:;; tR .tili. 7 f,b'i ~i ar` _e tL,.'... t~_ i:'~f;.~... i..~. •i~. !i .,3 :slt .`a~l? ;r~~.f+• :F;'E,,4 ~f,;f. .~'ii_' . :t'.~? t ...~cf.', '~ti•tlix~ , . ..{i: i+.?. 7r ;i'r=r. °.tri fi~~".'(.; 'i':' ~r^i`~~~.9~,_~,: "s.it;ff 7~1. _•ts~ ',i.':a13'; Formation of Sani:tary Sewer Reini-bursement'Distric, t 35 (S, W Ash Avenue) 2005 August 9, I ' Reim-bur'sement. Dist rlct No,., S SWAsh.. Avenue ASH".AVENUE FY 2005-06 SANITARY SEWER 'EXTENSLON PROGRAM - REIMBURSEMENT:-DISTRICT .#35 A PORTION OF THE SW 1 /4 OF SECTION 2." T2S R1 W W.M. ' ST W J` N / WMARA ST VIEW CT 9 T O l.S - - VICINITY MAP jJ NTS -Revision 1 ReiS!~W' Ash- Avenue **.*Sewer service. W'. ill be provided to nine lots Only portion of SW Ash Avenue that remains without service 3 Ai etings C~ Neighborhood meeting Conducted July 6, 2005 at Town.* Hall Staff explained the Citywide Sewer Extension- Program and reviewed project details with owners q z.- Reimbursement District No. 35 S W~ AshAvenue, ❖ Estimated Project Cost for 9 lots:. $110,215 ❖ Estimated R(Per Owner) $0.5590 per square foot x ❖ Incentive Program Reduced to $6,000 to the extent-that it-does not exceed $15,000 if connection is made within three years after service becomes available Amount over $15,000 can be deferred upon request until- development occurs 5 Reimbursement District No. 35 S'W,,, Ash-Avenue In addition, each owner pays. the following,.,- A$2.)6.35-,_'connec,tio'n and. inspection fee,. Which - funds treatment facility construction A $50 (average) service charge per two months for operation and maintenance of the entire system AAll costs to connect to the lateral installed .through this Project 6. Re,-imbursejnent District No. 35 - SW Ash Avenue *-Project will begin this fall Final costs will be based on actual construction costs plus 13.5% engineering' and inspection fees. ❖ Finalization of the district will be brought back to Council after all wand actual costs are known' Staf, ecommendation ❖ That. Council approve the resolution forming Re imbursement District No. 3 5 (SW Ash Avenue) Y 8 AGENDA ITEM No. 7 Date: August 9 2005 'Moun 4- PUBLIC HEARING" (QUASIiJUDICIAL).. TESTIMONY' SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before. City Council on: ..MOUNTAIN VIEW ..ESTATES SUBDIVISION ZONE CHANGE ANNEXATION". ZCA 2004-00004 This is a City of Tigard public meeting, subject to the' State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May lm.pose A Time Limit on Testimony.,. iWm gmertdty mund czsignupNp0 testmny cd annexation 4.dm AGENDA ITEM No. 7 Date: August % 2005 Mountain View Estates Annexation This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of -the public record and is openly available to all members of the public. The names ' . and addresses of persons who attend or participate in City of. Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT.. Proponent - Opponent - Neutral (Speaking in favor (Speaking against) Name,.Address & Phone No. Name, Address & Phone No. Name, Address & Phone.No. 02-9 sw c~i Q; us yh~4~~ o 9721: 5a3-x`19-~4- 6$ G~ If you wish, you may choose to If you wish, you may choose to , . If you wish, you maychoose to, check box if testimony:applies. check box if testimony applies check box if testimony applies - to all annexations - Item 7 to all annexations - Item 7 to all annexations -Item 7 Name,.Address & Phone No. Name, Address & Phone No. Name,,:Address & Phone No. • ' . - la u ~w T~rrk v~ lt.~. • - If you wish, you may choose to If,you wish, ,you may choose to If you wish, you may choose to,, check box. if testimony,applies check box if testimony applies check box if testimony applies to all annexations - Item 7 to all annexations- Item 7- to all annexations -Item 7 . Name, Address•& Phone No. Name, Address & Phone No. Name, Address & Phone No. S.y/S ley ' . • Sod°s~~-;~'97~ - • If you wish, you may choose to If you wish, you may choose to If you wish, you' may choose to check box if testimony applies check box if testimony applies, check box if testimony applies to all annexations - Item 7 . to all annexations - Item 7 to all annexations - Item 7 s AGENDA ITEM No. 7 _ Date: August 9, 2005 Mountain View Estates Annexation ; This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. .411 written and. oral testimony become part of the public record and is, openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting, minutes, which is a public record. PLEASE PRINT , Proponent Opponent - Neutral Speaking in favor (Speaking against). Name, Address & Phone No. Name, Address & Phone No. Name,. Address & Phone No: g1aa`''C If you wish,-you may choose to If you wish, you may choose to If you wish, you may choose to check box if testimony applies check box if testimony applies check box if 'testimony applies to all annexations - Item 7' ,to all annexations _ Item 7 to all annexations - Item 7 Name, Address & Phone No. Name, Address & Phone No.., Name, Address & Phone No. • , Kew : des ~ .l, e ~ ~Ys3J vY If you wish, you may choose to . If you wish, you may choose to f you wish, you may choose to check box if testimony applies check box if testimony applies check box if testimony applies to all annexations - Item 7 to all annexations - Item 7 to all annexations - Item 7, Name, Address & Phone- No. Name, Address Phone No. Name, Address & Phone No. If you wish, you may choose to If you wish, you., may choose to If you wish, you may choose. to check box.if testimony applies check box if testimony applies check box if testimony applies to all annexations - Item 7 to all annexations Item' 7 to all annexations -Item 7 Fjj Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. If you wish, you may choose to If you .wish, you may choose to If you wish, you may choose to check box if testimony applies check box 'if testimony applies check box if testimony applies to 611 annexations - Item 7-• to all annexations- Itein.7 to all annexations - Item 7 . -{rl in jTon AGENDA ITEM No. 7 Date: August 9, 2005 PUBLIC HEARING (QUASI-] U DICIAL).- TESTIMONY SIGN.-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on:- 'ARLINGTON HEIGHTS 3 t; SUBDIVISION ZONE CHANGE ANNEXATION ZCA 2005-00001 This is a City of regard public meeting,_ subject to the State of Oregon's public meeting and records laws. Af/, written and oral testimony become part of the public record and is openly available to -all members of.the public. The names and addresses of persons who attend or participate in City of 7igard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints. City Council May Impose ATime.;Limit.on Testimony, iledm'greeMty counc1ft=1gnuplph testimony qJ annexation - 8-9-05 adington.doc AGENDA ITEM No. 7 Date: August 9, 2005 Arlington Heights 3 This is- a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT' Pro onent - (Speaking In Favor Opponent - (Speaking Against) ) Neutral . Nye, Address & ne No. Name, Address & PhoPP- No Name, Address & Phone No. d, L/ Name, Address & Phone No. Name, Address & Phone No. Name; Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Val 1 AGENDA ITEM No. 7 Date: January 27,~-2004 PUBLIC HEARING UASI-JUDICIAL ~Q ) TESTIMONY SIGN=UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: WILSON- RIDGE SUBDIVISON ZONE CHANG E.AN N EXATION ZCA 2005-00002 This is a city of Tigard public meeting, subject to the- State of Oregon's public meeting and records laws. -All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of. >igard public meetings will be induded in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose 'A Time Limit on Testimony 15admVreerWty counUl\ccsignup\ph testimonygj annexation - 8.9-05 wilson ridge.doc AGENDA ITEM No. 7 Date: August 9, 2005 Wilson Ridge Subdivision This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records'laws. - All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking. Against) Neutral Name, Address & Phone No. Name, Address & Phop No. Name, Address & 'Phone No. (503) 45 Z 3 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. )Lj AGENDA ITEM No. 7 Date: August 9, 2005. SChoc Sinn M4 PUBLIC HEARING (QUASI-] U DICIAL), TESTIMONY SIGN-URSHEETS', Please•sign on the, following, page(s) if you wish*to testify before City Council on: ALBERTA, RIDERSCHOOL/,SUMMIT RIDGE. SUBDIVISION. ZONE CHANG EAN N EXATION ZCA 2005-.00003 This is a city of Tigard public meetingff, subject to the state Of.Oregon's public meeting and records Laws. A/1 written and oral.testimony become part of the public record and is openly available-to all members' of the public.. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes,'. which is a public record. Due tolime Constraints City Council May impose A Time Limit~on Testimony I:tadmVreerWy counGhccsignup\ph testlmony qj annexation - 84-05 artington.ooc - 1 AGENDA ITEM No. 7 Date: August 9, 2005 Alberta Rider School/Summit Ridge Subdivision This is a City of >igard pubfic meeting, subject to the State of Oregon's pubfic meeting and records laws. A/f written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate. in City of Tigard public meetings will be included in the meeting. minutes, which is a public record. PLEASE PRINT Proponent - (Speaking In. Favor Opponent - (Speaking Against) Neutral Name,,Address & Phone No. Name, Address & Phone No.. Name, Address & Phone No. f'...12e 15-729 ~Kll mo.~.hQ`~- 972.2 S,3-5-)9 - 4.6$ 6 Name, Address & Phone No. Name, Address & Phope No. Name, Address & Phone No. Y Name, Address Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Cathy •WheatleyPublic Hearnng Testimony on Annexation of Four Properties (Entered into the Record on U~~ 05. I By: C_ lit I) W+LQ1 Agenda Item# Exhibit From: "Ellen Godowski" <norriture@earthlink-.net> To: <craigd@ci.tigard.or.us>, <nickw@ci.tigard.or:us>, <sydney@ci-tigard.or.us>, . <tomw@ci.tigard.or.us>, <sallyh@ci.tigard:or.us> Date: 8/9/2005 1:03:13 PM `,Subject: Public Hearing Testimony on Annexation. of Four Properties, Dear Mayor Dirksen and City Council Members, Please accept this e-mail in lieu of our testimony at your council meeting tonight, August 9,'200, , in regard to Agenda Item No. 7.. Public Hearing (Quasi-judicial) to Consider Annexation of the Following Four. Properties. ; In November of 2004; after multiple conversations with City of Tigard officials; the residents of the unincorporated`area'of Bull Mountain voted • to not becomes part of the City of, Tigard,. This was a clear majority, with about 90 percent of the'voters saying "No" to the- proposition. Following this vote, residents of Bull Mountain, along with others throughout the state of Oregon, worked to pass legislation to assure all Oregonians a fair and democratic vote as to their chosen government. House Bill 2484 clarifies annexation laws, giving those Who are the target of future ORS 195 annexation attempts an equal voice in the annexation process. House Bill 2722 revokes the right of cities to veto incorporation of anew city within three miles of its borders. Both'of these bills, which were signed by Governor Kulongoski, go into effect on January•.1, 2006. The basic idea.behind both of these laws is to respect the wishes of the citizens of the affected areas. ; As you consider, the requests for annexations in front of you tonight, we ask, ' that you respect the.wishes of the citizens of the bull Mountain' community .who have already spoken and said "No.". We also ask you to considerthe adverse affect the annexation of the four areas under consideration will have on the area's residents. If the city annexes these properties, the homes and neighborhoods east of 133rd,Avenue will become islands, which the City can annex without a vote,;regardle'ss of the wishes of the residents in . those areas. The door will also be closing on residents in.the southeast section of, Bull. Mountain, north of Beef Bend Road and directly across from King City for keeping their options'open to participate in the formation of. a new city or community district, orao• be included in. King City's future area of interest. As Bull Mountain residents, we want the same rights the'citizens of the . J Tigard area had back in 1961, when they decided to come together'and 0; incorporate as a city. Those individuals, had the opportunity and right to form a government of their design, without being forced to become part of Portland or Beaverton. Residents of Bull.Mountain have stood strongly together:since the development of the Bull Mountain'Community Plan, in 1983`.. We have a history as a community and want to, keep it intact as we determine our future together: Please do not divide us'against our wishes with the'annexation'of the Mountain View Estates Subdivision, Arlington Heights 3 Subdivision, Wilson Ridge Subdivision or the Alberta Rider School/Summit Ridge Subdivision: To the City of Tigard, these subdivisions, may only represent a larger tax base or additional tax dollars.`,But to'the residents of Bull Mountain; these areas represent a substantial portion of our community. As part of our community, we should have the'.opportunity to decide their ; future. The vote in November 2004 clearly: established that our plans,did not include annexation bythe,City of Tigard. Our actions after that vote continue to fl Cathy Wheatley Public Hearing Testimony on Annexation of Four Properties Page 2 'demonstrate that we do not consider ourselves part of Tigard. We are proactively taking steps to secure our future, independent of the City. So, at this time, we ask you to respect the wishes of the Bull Mountain community and allow us time to develop our plans for our future. We ask you to help us "retain our community" by voting "No" on.each of these annexations tonight. Respectfully submitted,, Les and Ellen Godowski 14630 SW 139th Avenue Bull.Mountain; Oregon . CC: <cathy@ci.tigard.or.us> Entered into the Record on By: t\ Agenda Item# Exhibit uri - In Rhod he local bui•ding o icial'is a municipal administrative office s ound to follow the zoning ordinance and ap cable stat t r rovisio s ch he or she is authorized to act. See genera y G.L. 19 §23-27.3-1 I a building perms app ication shows that the proposed nstruction conforms to the building a and othe ble laws, the applicant is rmit. See §23-27.3-114.1(a ("If t e lda is is satisfied that the proposed work conforms to the requirements o this building] and all a licable ereto he or e a ermit."). u a ui ing permit is denied upon a ground of er than one t a es n e scope of the official' rit it arbitrary act ecause w petitioner's app ica ion or a ui the inspector had no authority whatsoever 'other than to determine that the proposed construction conform[ed] precisely to the terms of the pertinent provisions of the zoning ordinance.' " Zeilstra , 417 A.2d at 308 (quoting Arc-Lan Co. v. Zoning Board of Review of North Providence , 106 R.I. 474, 476, 261 A.2d 280, 282 (1970)). And the mere pendency of legal proceedinggs concerning the applicant's:al].eged zoning violations is irrelevant to the landowner's right~to a building permit. Cf.. Milstein v. O'Neill , 250 N.E.2d 573, -574 (N.Y. 1969) (requiring permit to be granted if it is otherwise properly supported.despite pendency of legal proceedings challenging the applicant's compliance with zoning laws). . Page 1 Comments on the Annexation. of Several Parcels on Bull Mountain By Scott E. Miller, President Mountain Gate Owners Association Thank you for allowing me to, speak to you.tonight. My name is Scott Miller and I am the President of the Mountain Gate Owners Association. Mountain Gate is comprised of approximately 200 homes with approximately 600 residents. I know this hearing is not about ,annexing the Mountain Gate development, but it is about a larger plan to eventually do so. My purpose in speaking to you today is to tell you that we do not want the City of Tigard to continue to try to circumvent the wishes of the citizens of the unincorporated portions of Bull Mountain. We all realize why the City of Tigard is so eager to annex all of Bull Mountain. We all know the annexations we are discussing this evening are only the beginning of a much larger plan to circumvent the citizens and voters of the unincorporated portions of Bull Mountain. In the past ten months, the City of Tigard has been given two crystal- clear messages about annexation. First, in November 2004 about 92% of the citizens who live in the unincorporated portions of Bull Mountain said no to the City of Tigard regarding annexation., Earlier this year, the State Senate sent a second message to the City of Tigard. That being, you must get approval of a majority of the citizens you plan on annexing to vote yes or you can not annex them. In other words, you must get a double majority. Why doesn't the City of Tigard get the message? Why does the City need to circumvent the needs, wants and.desires of the citizens of Bull Mountain?. The answer is that the City of Tigard has put itself into a financial bind and is doing whatever it can to raise revenues. The City sees the homes on Bull Mountain as being a ripe fruit which it can pick and then squeeze out the juice in the form of higher taxes on the home owners. I know I speak for approximately 200 home owners when I clearly state that we do not want to be part of the City of Tigard- I know this because about a year ago, we surveyed all.of our•homeowners and they overwhelmingly said NO, they do not want to be annexed by the City of Tigard. By overwhelmingly, I mean by approximately 97% to 3%. That is a clear message to all of you that annexation on Bull Mountain should not happen. As I said a few moments ago, although this hearing is about parcels of land not part of the Mountain Gate Owners Association, we all know we are part of your master plan. Many of our' homeowners are here today to show that they believe strongly about this and do not want the annexation to take place. I wish to thank them for their attendance. ` We understand that the areas the City of Tigard wishes. to annex are irregularly shaped. We also know that if the annexation of these irregular parcels, create "islands" or other irregular parcels, the City can use that as an excuse to annex other parcels of land. If this is your plan, it is morally and ethically wrong. ` Entered into the Record on By: C IN 1 P OA I.A Pagel ol`2 Agenda Item# Exhibit Comments on the Annexation of Seyeral.Parcels on Bull Mountain By: Scott E. Miller,' President Mountain Gate Owners Association Not only are we against the annexation, we have many concerns about it. One such concern is the most obvious -and that* is .the large increase in our property taxes. Last year, I estimated the increase of my own property taxes to be between,$800 and $1,000 per year. That,is not an insignificant, amount., That brings me to our next question. What do any of us on'Bull Mountain.get for our tax dollars? I have been told that we -get access to Tigard's parks and library, but honestly we can already use them. I have been told that based upon an area's population, they are entitled to a certain number of parks., Bull Mountain does not have parks, yet qualifies for one. Will the City of Tigard provide us one? We all know Bull Mountain will never see a quality park because Tigard simply does not have the money to do so. lam aware the City of Tigard required the developers of Edgewater to use some of their land to develop a park. I have been there.. It is in low lying land that will not be available year around due to drainage problems and will be a fertile ground for mosquitoes. Another benefit is that we will be protected by Tigard's police force, but the Washington County Sheriff's do a great job for us now. We have been told that we will obtain high levels of governmental services,•but we have no complaints now. So really, where does this leave us?. We clearly can.see the benefits to the City' of Tigard; but we don't see any benefits for the citizens of Bull Mouritain. We do not-believe'that the City of Tigard should annex any additional portions of Bull Mountain unless they are prepared to give us services equal to our tax base.,'.1 believe that if Tigard wants the best for their citizens (including those of Bull Mountain)'"then Tigard should come back to us with a proposal for doing so. No action should be taken on the .,,annexation until representatives of the City and of Bull Mountain can come to an agreement on, these issues. I am willing to make myself available to be part of these discussions with the goal of finding a "win-win" for both the City of Tigard and the residents of Bull Mountain to make the annexation successful. However, if there is no. win-win, to be found, we must recognize. that the annexation should riot go forward at all. Thank you for the opportunity to express the views of the 200 families in the Mountain Gate Homeowners Association. Respectfully Submitted: Scott E. Miller 15415. SW Ashley Dr. Unincorporated Bull Mountain, 97224 Page 2 of 2. ~ - ' FS~ - PUBLIC HEARING ITEM `~,r'~' ti:, - • !i ' ~a,;,~:; C®~r1le~l~JNIT~ - vii The following will be considered by the Tigard City Council on r:~ I,. ,.c..,- !r h'. 1~esda}~'A»¢ust 9 2005 at 7:30 PM at the Tigard rvtc enter - . ` Town Hall Room, 13125 5W Hall Boulevard, Tigard,. Oregon 97223. ~,ty ;,ti;,~~f ,.1325 SW Custer Drive, Portland, OR 97219 • PO public,oral or written testimony is invited. The public heanng on this ; C~.:~';r Box•370 Beaverton, OR 97075 matter will be held under Title 18•and rules of procedure adopted_by „F.r~`t } F ~ •Phone: 503-684-0360 Fax: 503-620-3433 the Council and available at City. Hall ;or the rules of procedure set ~ ~ 1',a''3~Y Email:•legaladvertising@commnewspapers.com forth in Section 18.390.060E. ~ ~ ~ ~ Further information may, be obtained from, the Planning.Division (Staff contact: Morgan Tracyl at '13125 SW Hall• Blvd., Tigard, a; i;. Oregon 97223, or by calling at 503-639-4171. :r~„:; AFFIDAVIT OF PUBLICATION ~4~~,:,:i State of Oregon, County of Washington, SS '~~a£?.:. FILE NO.: ZONE CHANGE ANNEXATION *'r`;~' ''"~n' (ZCA) 2004-00004 { ~ • ~ I, Charlotte Allsop, being the first duly sworn, FILE TITLE: MOUNTAIN VIEW ESTATES SUBDIVISION ' depose and say that I am the Accounting '>t' ANNEXATION Manager of The Times (serving Tigard, REQUEST: The applicant is requesting to annex two (2) parcels Y'` ~~.:~z T ) of land containing 6.94 acres into the City of ';~y ualatin & Sherwood , a newspaper of Tigard. ~...•i~i ral Nii~: general circulation, published at Beaverton, m !F +;C;;~. the aforesaid county and state, as defined by LOCATION: Lot 00; ande(No snte addreWCWCTM 2SIBOCB, r~'-~y'F ORS 193.010 and 193.020, that ~ { • • , Tax Lot 100. " ~'e~1 I FILE NO.: ZONE CHANGE ANNEXATION I' TY~i h ; City of Tigard -Notice of Hearing ~ r ;a~~ (ZCA) 2004-00004, Mountain View Estates; 2005.00001, (ZCA) 2005-00001 St~,;;li •$:.?,A;1. Arlington Heights 3 Subdivision Annexation; 2005-00002, FILE TITLE: ARLINGTON HEIGHTS 3-. SUBDIVISION j ~,~;qt< ?;;;G~' Wilson Ridge Subdivision Annexation; 2005-00003, ANNEXATION ~ ' :'r:{`' ,.i 1 i~ , ,~;i':;,. Alberta Rider SchooUSummit Ridge Subdivision REQUEST: A request to annex three (3) parcels of land ~~1;~'. Annexation containing 16.97 acres into the City of Tigard. "'~'~i`'~ CNI TT10635 ~ y ~is~vt . LOCATION: On the north side of SW Beef Bend Road and the F southern terminus of SW Summerview Drive ~ a copy of which is hereto annexed, was WCTM 2S109DA, Tax Lot 2100; agd_?S110CB, y published in the entire issue of said .n - - - i ~ ti, newspaper for . ~Tax~Lots 600 and 700. ~`$`'"•"2 FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00002 ' • successive and consecutive weeks in the FILE TITLE: WILSON RIDGE SUBDIVISION fL`~:~ following issues ANNEXATION "'F'i~. July 21, 2005 REQUEST: A request to annex two (2) parcels of land ! i'_'~°f `,w'. containin 2.68 acres into the Cit of Ti ard. „r;;~~~ July 28, 2005 LOCATION: 13350 and 13400 SW Bull Mountain Road; ~Y~~~; I ~ WCTM 2S109AC, Tax Lots 100 and 200. j .,,;:~,r i!•;--{ Charlotte A11sop (Accounting Ma ager) FILE NO.; ZONE CHANGE ANNEXTAION ~"-~;f ,,~x _ (ZCA) 2005-00003 J v, y,rl. d• ~r`~'` FILE TITLE: ALBERTA RIDER SCHOOL/SUMMIT ~ ,y~'~:. RIDGE SUBDIVISION ANNEXATION ~ 1 i'1~a ?,~;;!:a Subscribed and sworn to before me this i " Jul 28 2005 REQUEST: Annexation of 56 parcels containing approximately t ;;.>r; y ' 20.75 acres into the City of Tigard. " %:u;a°. i~~; LOCATION: Alberta Rider School: WCTM 2S109AC, Tax Lot , _<<~ ; .2100 and 2S109AD, Tax Lot 1300; and Remainine ~ ~,ti ~'r"NOTARY UBLIC FOR O EGON Q- ~h Portions of Summit Ridge Subdivision: WCTM I ,r;:~: f~=~~ My commission expires-~a~f , p~ O t~pZW 2S109DA, Tax Lots 8500, 8600, 8700, 8800, 9400, t :~;w;z 9500, 9600, 9700, .9800, 9900, 10000, 10100, } ~:'=4=i;.; %t ~ ~ ~ " ] 0200,' 10300, 11500, 11600, 11700, 11800, 11900, - .~,€K. :~~;r~~: r , • • 12000, 12100, 12200, 12300, 12400, 12500, I - ~=„s .~i+%. • ~ t 12600, 12700, 12800, 12900, 13000, 13400 and r l~f~:ly. f a~.•~rt 13500, and WCTM 2S109DB, Tax Lots 1000, ~pi.rl,n ~ ~;"i.tr' ACCt # 10093001 1900, 2100, 2200, 2300, 2400; 2500, 2600, 2700, ~ i 2800, 2900, 3000, 3100, 3200, 3300, 3400,' 3500, ' •h,~i~ k;-;;: City of Tigard Attn: Accounts Payable ~ MY COM ~ 3600, 3700, 3800, 3900 and 4000. .~.~4a`. - ~ ~ ZONING OF ALL PARCELS: R-7: Medium-Densi Residential ~i~ 13125 SW Hall Blvd, } tY 'Y',~, Ti ard, OR 97223 If District. The R-7 zoning district is designed to accommodate S 5 attached single-family homes detached single-family homes with or Size ~,~~j S without accesso residential units, at a minimum 1'ot size of 5 000 f ;`s Amount Due $ 2Sg•$ t'}' ~ • remit to address above square feet, and duplexes, at a minimum lot size of 10,000 square ri feet. Mobile home parks and subdivisions are also permitted outright. ' ;r c. ;,,cw; Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for ;;i`_ annexations are set out in Cominunity~Development-Code Chapters-i "::i 18.320 and 18.390, Com rehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST .FIFTEEN 5) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY- FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT .THE TIME OF, THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. 3 -w.y ~~t~ ~-~I~ ~'_x,~..,,i 7:~ rlttNtTY f1AP M ESFAIEF ~C, I ~ ~ t' ! pRC UTY~[1~tTf.i - ENp~ RS3 nr~ ~1 f ECA2005,000fR = a e r 14 ~ - -ne • i.. _ i. ~ ~ ~ i- OltF&~4PoDCWLJritfli PoMiF t _ ~t l~ Tc~~oos-aoaoa ~ 7•: _ Qi _ _ i 4 ` ~ rrF ~ ; • -{F~~ r ~ / - ! LLt~.' r t~~ ~ 'hjx.7~ N V I ~ ~ ~ ?Ibl~~,ti ~.Cuf ~ r ' ~ i j' ~ -,•,Ii1'~.r~_, a.Z,y,,.,•~,~'LI~t~~~ ~ ,f~ ~n~w,wa - ~FV~s 1t~ TT 10635 Publish .lulu ~t ~Q ~nnc m. t r•`„f„ ~i0,011 I~i'1sltf%1✓4 ~'~r `;='sv,/~7ii _.,t .f•-„s i. r, i7Ci1:~vNtn,Vm` ~t ' r . , JU~111 F'BHJQSUR~9113'~07-a'rty.-~----.~.__ ego Sherwood We< x F lam- ` ..1 c. 549 000 $269,000 New on M 3 batA home by Storybook traditional in Crestwood Heights area in This The home 'boast Sherwood. 1748 square feet, 2.1 baths, great attached home is ws with an inspir- room style living, room, formal dining room, new It offers 2200 sq ft, 38 on a cul-de-sac's landscaping front and back yards, fully fenced. has eating bar, ss up[ e Oswego neigh- call John Ferguson at 503-481-3718 view of Mt Hood. Lowe or 503-452-6100 access to the fenced shelves. Laundry area r;< j - Town & David for mot David Way 503-41 John Ferguson 503-452-6100 Tawn Houston-W, e le Lake Oswego John'! FIRST ADDITION i t r r• ..t CM $398,000 -$369;000 - -_Remodelll me on cul-de-sac in Charming cottage home in sought after first k, Library, Shops and er lot is ossibly par- Addition. 1200 square feet, 2 bedrooms and 1 Remodeled con d Island Ktchn with bathroom. Kitchen has dark oak cabinets with eat Downtown Portk ng. Hrdwd fl though area. Second bedroom has.french doors on to, room. 2462 sf, 21 `171oced 6J. a rJ("c,4 q lay Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the applicable approval standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member cannot participate.. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the applicant and those in favor of the application testify. Then witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the applicant can respond. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the applicant can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Failure to raise Constitutional or other issues related to proposed conditions of approval with sufficient specificity to allow a response precludes an action for damages in circuit court. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. i:tadmlcathy%o=Nquasi judicial odes of pmcedureVules of procedure - city attomy qj statement.doc r i AGENDA ITEM FOR AGENDA OF August 9, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Mountain View Estates, Subdivision Annexation (ZCA2004-00004) Arlington Heights - 3 Subdivision Annexation (ZCA2005-00001)/Wilson Ridge Subdivision Annexation (ZCA2005-00002)/Alberta Rider/Summit Ridge Subdivision Annexation (ZCA2005-00003) PREPARED BY: MorganTracy DEPT HEAD OK TY MGR OK ISSUEBEFORE THE COUNCIL . Should the City Council approve the proposed annexation requests?, STAFF RECOMMENDATION Adopt the four attached„Ordinances, approving the annexation requests. INFORMATION SUMMARY The proposed annexations consist of four separate requests.. The Council will be holding one combined public hearing for all four requests. Four separate decisions will have to be made to annex each of the four requests. ' The individual reports provide the analysis of each of these` applications. The Mountain View Estates ,annexation is to satisfy a condition of development approval that required the area to be annexed prior to final subdivision plat approval. Similarly, Arlington Heights 3 and Wilson Ridge are requesting annexation in anticipation of subsequent subdivision approvals. These three areas are comprised, of seven (7) parcels totaling approximately 26.59 acres and are currently located within unincorporated Washington County and are contiguous to Tigard city limits. The fourth annexation request (Alberta Rider/Summit Ridge) is to satisfy a requirement of the conditional use approval that the school property be annexed prior to final occupancy, in essence before the school can be opened. The second part of this request is to complete the annexation that began with an earlier annexation of territory through double majority method in ZCA 2004-00001. In that annexation, the City annexed one of the five parcels that were part of 'Summit Ridge. Concurrently, plats for Phase 1 and Phase 2 were recorded creating lots that straddled the, city boundary. Following that annexation, Summit Ridge Phase 3, was reviewed and approved with the requirement that annexation of the remaining portions of Summit Ridge occur prior to that plat recording. There are 56 properties involved in this request, and a total area of 20.75 acres. All four annexations represented here comprise 63 parcels totaling 47.34 acres. As indicated in the staff report to . City Council, the proposed annexations meet- the applicable standards. Pursuant to Chapter 18.320.020.C of the Tigard Development Code, the Comprehensive Plan designation and. the City's zoning is automatically applied to property upon approval of the annexation by Council. OTHER ALTERNATIVES CONSIDERED Deny the annexation request, approve annexation of only some of the parcels; or include additional "island" parcels into the annexation proposal. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Management Goal #2: Urban Services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST 1. Overall Vicinity Map 2. ZCA 2004-00004 (Mountain View Estates Annexation Package) Staff Report to the City Council "Draft" City Council Ordinance Exhibit A: Legal Description Exhibit B: Tax Map Exhibit C: Vicinity Map 3. ZCA 2005-00001 (Arlington Heights 3 Annexation Package) Staff Report to the City Council "Draft" City Council Ordinance Exhibit A: Legal Description Exhibit B: Tax Map Exhibit C: Vicinity Map 4. ZCA 2005-00002 (Wilson Ridge Annexation Package) Staff Report to the City Council "Draft" City Council Ordinance Exhibit A: Legal Description Exhibit B: Tax Map Exhibit C: Vicinity Map 5. ZCA 2005-00001 (Alberta Rider Summit Ridge Annexation Package) Staff Report to the City Council "Draft" City Council Ordinance Exhibit A: Legal Description Exhibit B: Tax Map Exhibit C: Vicinity Map FISCAL NOTES There is no direct fiscal impact resulting from annexing the properties. Costs associated with provision of city services will be offset by the collection of SDC's at time of development. gggg ~~g~~pp~~ggtxr '7it(~ #idSA 'KA20 4 0002 TCA 11 -IIQ4 4 !>.rs';'_ .v s" MOUNTAIN VIES ESTATES Gila i I.T~I ~ ii aEA211R RQIIII ARLINGTON HEIGHTS 3 +N;FP WILSON RIDGE N-a OOD D" ALBERTA RIDER/SUMMIT RIDGE * DR . L= _ _ i L I I .4 t l(A2W ' i _ c, . aa:C MACtC03 APR SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. 'Therefore, staff recommends APPROVAL of the annexation by adoption of the attached ordinance.. SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: Lan Pacific, representing Accent omes applied for approval to subdivide property on Beef Bend Road, known as Mountain View Estates: A condition of that subdivision approval required annexation prior to recording the final plat. Accordingly, the applicant applied for annexation of the two parcels that comprised the subdivision. The total area represented is 6.94 acres and is contiguous to the present city limits along the northern property boundary. Vicinit Information: The su sect parcels are located north of SW Beef Bend Road, south of Thornwood subdivision, and west of Turnagain Heights. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS' The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and; Tigard Community Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Comprehensive Plan Policy : . e ity shall 'maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This Policy requires an ongoing citizen involvement program. Interested parties and surrounding property owners within 500 feet have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. The site has been posted since June 23, 2005. There. have been a number of opportunities for citizens to be involved 'in the decision making process', including the approval of the subdivision request. Policy 10.1,1: The City shall review each of the following -services as to adequate capacity, or such services to be made available; to serve the parcel if developed to the most intense use allowed,' and will not significantly reduce the --level of services available to developed and undeveloped land within the City of Tigard. The services are: water, sewer, drainage, streets, police, and fire protection. This policy requires adequate service capacity. delivery to annexed parcels. The City of Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire and .Rescue, have all reviewed the annexation. request and have offered no objections. The subject parcels are part of a subdivision that was reviewed and approved based on the availability of public services. Services to the subject parcels have been addressed and conditioned within the review of the Mountain View Estates subdivision approval. This policy is satisfied. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 6 ZCA2004-00004 - MOUNTAIN VIEW ESTATES ANNEXATION 8/9/05 PUBLIC HEARING If required by an adopted capital improvements program ordinance, the applicant ,shall sign and record with Washington County a nonremonstrance agreement regarding the following: The formation of a local improvement district (L.I.D.) for any of the following services that could be provided.'througgh such a district. The extension or improvement of the following: water, sewer, drainage. and streets. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. No L.I.D's were required for the subject parcels or subdivision approvals. All public infrastructure listed above have been conditioned to be constructed and the costs are to be borne by the applicant. The City shall provide urban-services to areas within the Tigard urban planning area or with the.urban growth boundary upon annexation. The City of Tigard has an urban services agreement with Washington County for those areas, within the City's .urban growth. boundary. This policy has been complied with. Policy 10.1.2: approval of proposed annexations of land by-the city shall be based on findings with respect to the following: the annexation eliminates an existing "pocket" or "island" of unincorporated territory; or the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; the police department has commented upon the annexation; the land. is located within the Tigard urban planning area and is contiguous to the city boundary; the annexation can be accommodated, by the services listed in 10.1.11(a).. This Policy pertains to boundary criteria for annexations. The proposed annexation will not eliminate an existing "'pocket" or "island" of unincorporated territory; however the annexation will also not create an irregular boundary making it difficult for police to determine whether. a particular parcel is in or outside the city. The proposed annexation will incorporate the entire subdivision boundary for Mountain View Estaes. The police department has commented on the proposed annexation request and did not voice any objections. The land is within the Urban Services Area inside the Urban Growth Boundary and is bordered by the city limits on the northern side. Services to the subject property are addressed above. This policy is met. Community Development Code Section 33626-TnisSiction addresses approval standards for annexation proposals: All, services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; Adequate service (water, sewer, drainage,' streets, police, and fire protection) capacity is available to serve the annexed parcels. The City of Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the annexation request and have offered no objections. Additionally, the adequacy and . availability of services was reviewed as part of the Mountain View Estates subdivision approval. Therefore, this policy is satisfied. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. Applicable Comprehensive Plan policies have been addressed above. Ordinance provisions were addressed during -the individual. reviews of the Mountain View Estates subdivision. This standard has been met. STAFF REPORT TO THE CITY COUNCIL PAGE.3 OF 6 ZCA2004-00004 - MOUNTAIN,VIEW ESTATES ANNEXATION 8/9/05' PUBLIC HEARING om rehensive Ian and zoning designations. The. comprehensive. Assignment of comprehensive' pan eslgna ion an a zoning designation placed on the prope shall be the City's zoning district which most closely implements the City's or Coun 's comprehensive plan map designation. The • assignment of.. these designa ions shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall 'convert the* County's comprehensive plan map and zoning designations to the City designations which are the most similar.' A change .is required if the applicant requests a'comprehensive plan map and/or/zoningg map designation other than the existing designations. (See Chapter 18.380)., A request for a zone change can be processed concurrently with an, annexation application or after the annexation has been approved: The' subject 'property is in the Urban Service" Area and As 'zoned R-7 medium density residential, pursuant to the City of Tigard's Urban Services Intergovernmental Agreemenf. The R-7 zoning designation is consistent with'the original Washington County's R-6 zoning designation 'as shown in the table below. The City's zoning was adopted by the County with the City's R-7 zoning district. Therefore, the r%e% does not need to be rezoned upon annexation. According to Section 18.320:020.0, the City's Comprehensive plan and zoning designations, occur automatically and concurrently with the .annexation. Conversion "•table. Table 320.1 summarizes the' conversion of :the County's plan and zoning designations to City designations.which are most similar. ABLE 320.1 coN%fI RSIQN TAB1:F: F'014 Ct)t:1NTY :AN13,0 1"It PLAN AND %ONUNC DESK..NIA`I'.IONS Washington County Land,(Jse Cih of"1'ioard Zoning City of`'igard Districts/flan Designation Plan Designation R-5 Res. 5"units/acre R-4.5 SI'R 7.500 11. L;iiw^derisity 1-5 units/acct R-6-Res. C units/acre R=7 SF R,5.000 sq. ti.. Med. density 6-12 units/acre R-9 Res. 9 units/acre 12-12 Multi-Iauinil:y 12 units/acre, Med.:deaisity 6-.12 units acre R-12 Res. 12 units/acre R=12 i\1u1ti-fami1 12 units/acre M1ed. deaisity 6-12'tinitsJacre R- 15 Res. 15 units/acre R-25'Multi-Iamily 25'o11its/acre Medium-l-iigh, density= .13-25 units/acre R-24 Res. 24 Units/acres R-25 N41.11 i-11unily 25 units/acre. Meditum-High densitv 13-25 units/acre Oil ice Commercial C-P C_:onurtercial 1'rc)fessional CV, Commercial Professional NC: Neighborho6d Commercial' CN Neighborhood Commercial C:N Neighborhood Conimerckil C:13U Commercial Business 01317 Commercial Business 01313 Commercial 136siness lai`str-ict District District GC: General Coiitmeccial CC; General Ccinime.rc-ial CCi General Conunercial LND lnclustrial 1-1.. Liahl hi'dustrial l_iaht Industrial■ STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 6 ' ZCA2004-00004 -.MOUNTAIN VIEW ESTATES ANNEXATION 8/9/05 PUBLIC HEARING Metro NFe ro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: .Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done - consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of.urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan ;is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards. or.' criteria for boundary changes contained in comprehensive land use plans and public facility plans; . This has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable standards or. criteria :for boundary changes contained in the Regional Framework Plan or any functional plans; , Because the Development Code has been amended to comply with applicable Metro functional plan requirements, by complyingg with the. Development Code and Comprehensive Plan, the annexation is consistent with the applicable Functional Plan and the Regional Framework plan.' Whether the proposed changes will promote or not interfere with the- timely, orderly. and economic provisions of public. facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is adjacent to existing city limits and services, and the delivery of those services was anticipated as part of the urban services agreement which is intended to promote the timely, orderly, and economic delivery' of public facilities and services. If the proposed boundary change is for annexation - of territory to - Metro, a determination by Metro Council, that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the boundary change in question under state and local law. Consistency with other applicable criteria has been 'discussed previously in this report. STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 6 2CA2004-00004 - MOUNTAIN VIEW ESTATES ANNEXATION 8/9/05 PUBLIC HEARING SECTION V. AGENCY COMMENTS Washington : County' Department Of Land, Use & Transportation, Verizon, . Qwest. Communications, Northwest Natural Gas,, Beaverton School District #48, Comcast Cable Corporation, Portland General Electric, .-Metro Area Communications, Cleanwater Services, Metro Land Use & Planning, Tualatin Hills Park & Rec. District, Tualatin Valley Water District, Tualatin Valley Fire & Rescue,-and Tigard/Tualatin School District 23J have ...had the opportunity to, review the proposal and have.offered no objections., BASED ON. THE, FINDINGS'' INDICATED ABOVE;..,,, STAFF' RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION ' (ZCA) ',2004=00004 MOUNTAIN VIEW ESTATES ANNEXATION. 1 f' 1 Jul 28 2005 PREPARED. . organ , Tracf DATE Associate. Planner Jul 28 2005 PPROVED Ic ar Bewersdorff DATE Planning Manager STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 6 ZCA2004-00004 - MOUNTAIN VIEW ESTATES ANNEXATION 8/9/05 PUBLIC HEARING 'CITY OF TIGARD, OREGON ORDINANCE NO. 2605- AN ORDINANCE ANNEXING 6.94 ACRES, APPROVING MOUNTAIN VIEW ESTATES. ANNEXATION (ZCA2004-00004), AND WITHDRAWING. PROPERTY FROM. THE TIGARD WATER DISTRICT, 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. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 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 City of Tigard is ' authorized by ORS 222.120(5), and 222.520 to withdraw, properties which currently lie within.the boundary of the Tigard Water District, 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on August 9,. 2005 to consider the annexation of two (2) parcels of land consisting of 6.94 acres and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City- is liable to the Water District for certain debt obligations, however, in this instance the Water 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 Metro 3.09,. ORS 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 the annexed property from the Tigard Water District;% 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 on December 14, 2004; and WHEREAS, pursuant, to ORS 222.524, the City must .declare the withdrawal of annexed properties from the Tigard Water District, 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 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 current zoning district is R=7, :an existing City zone that has been adopted by the County and the zoning after annexation would remain R-7. so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; and ORDINANCE NO. 2005- ZCA2004-00004 Mt. View Estates Annexation Page] of 2 WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses 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 applicable service districts is in the best interest of the City of Tigard.. NOW, THEREFORE,' THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date.of the withdrawal of the property from 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 shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2006. SECTION 6: In accordance with ORS 222.180, the annexation shall be, effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of 52005. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of 52005. Craig Dirksen; Mayor- Approved as to form: City Attorney. Date ORDINANCE NO. 2005-' ZCA2004-00004 Mt. View Estates Annexation Page 2 of 2 EXHIBIT A Mountain View Estates + . ZCA2004-00004 Legal Description for Annexation COMBINED TAX LOTS 25110CB-00100 and 2SI10CB-00500 Owners: Dwight C. Minthorne and Karla Minthorne (T.L. 500) Owners: Richard R'Wright and Diane M. Wright (T.L. 100) A tract of land in Section 10, Township 2 South, Range•1 West of the Willamette Meridian in Washington County, State of Oregon and being more particularly described as follows: Commencing at the West quarter corner of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington, State of Oregon, said point also-being the Initial Point; thence,. South 89°58'1.7" E a distance of 333.50 feet along the South line of "Thornwood", a recorded subdivision in Washington County Survey Records; thence, South -03 ° 15'00" East a distance of-17,5.10 feet along the West line of that tract-of land described in Document Number 99111751, Washington County Deed Records to the North line of "Turnagain Heights", a recorded subdivision in Washington County Survey Records; thence, North 89°55'03" West-a distance of 70.73 feet along the North line of said "Turnagain Heights" to the Northwest corner of said subdivision; thence, South 03°305" East a distance of 1076.57 feet along the West line of said Turnagain Heights to the North line "of S.W. Beef Bend Road, County Road Number A-148;. thence,, -along said North line, along. a curve to the left having a, radius of 1467.00 feet through a central angle of 00°50'44", the long chord of. which bears S, 61°57'56" W a distance of 21.65 feet; thence, along said line, South 62°23'18" West a distance of 161.60 feet along said North line; thence, along said North line,. along a curve-to the right. having a radius of 858.00 feet through a central angle of 00°2239'; the long chord bears South 62°11'59" West a distance of 5.65 feet to the West line of that tract of land described in 'Document Number 78044753, Washington County Deed Records; thence, North' a distance of 629.34 feet along said West line to the Northeast corner of said tract of land; thence, West a distance of 171.29'feet along the North line of said tract of land to the East line of that tract of land described. in Document Number 2004-032242, Washington County Deed Records; thence, North a distance of 707.80 feet along the East line of said tract of land and the East line of "Arlington Heights No. 2", a recorded subdivision.in Washington County. Survey Records to the Initial Point. Contains 302,171 square feet, 6.94 acres, more or less. 2S 1 10CB 2S 1 10CB 37.'s' 3a .'.e °,9 tt, 0 -'Sbwtvl''' 300 gg I '~'cG i . ' ' .9,4c J'S " , 'ltd-+ `•ihdl°,` :,aqM'.•~ 3m- MW I e°ec q i-iD i:' ,'4,. I I hl .rNnN•.- ';inN~ :;ii?N: 'ito1~; W 3000 ~,T7 :ti: . : ar' _ I ) 5 31ao 53400 _ y I'm M .9`' . ~3001 6 b 634 33 N I,!' Es;,.. •.e / o Gl ' ` 7100 b I Y 'y ,~'t'°' ';N MNV}E•W ST SW AU7UMNVIEW ; S . 43: , dfp., I . } xz rt ~37ooa d'~'u 8 44000 O y+ I %..wN 2000 ' ,,,r' neo" • ^ NWA1 4 ING4 SOEO SECTION 1OT2S.IWW.-. 3600 •y,,': I, b ' 7 ° 1 7800 w 1800 ':wr• ' ,-1 ~ti SCALE 1' . 100' dd 10 4100 s 0.nN[ t;Iwp,' 5 I a Ix 8 u... I "••iYnra'. .Ir ' M7MCT Y"• 3800 • N 5 m I+ ::aa. 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PLOT DATE: November 24, - s e.~.1 +T6 { FORASSESSMENTPURPOSES' I 000 R" v06'1 }•r;''%'<,- ONLY-DO FOR N OTHEOTRRELYUSEON r +n 2xK t _ 50 ~4 G~ PG 00 43 x , OP ~;dy .L1 3www as,.4ne sy.u..y.rNAgw.0oua9mnae ~i 3 {i n,1, waxrr ne bnbrenoenrt,'sLmeYrrm4idceb 9n mo>1 ~ epvMY4i PN.,4 or11MMgg9p1.N tl a.n.r 1 - G A ) 7 ~ Z 000 1 03 4 _ artymmlal. - - eoo ,ad a•B.r~1 KING CITY 2S 1 10CB dWs1w10 - - _ ~YY t VICUUTY Z {CF t'' ViEVe,CRE S C S cc DR rL..Jr. 'tl~I _ Z(A2004-00004 }.'vt~Kt w.t~ _ rS:.v,LLN~ rra aun mv. w,~. m ~n m.,.. mrr MOUNTAIN VIE ESTATES SUBDIVISION - ANNEXATION nzo, 4ti. rPd ',r T. - SITE m°P i 1 f~ - . 4 f J r J F MUG ary, -Plo-, 335_ 3aq 14 2:.":es C a9,-iShn1,31,C)3 AP4 ATTACHMENT 3 Agenda Item: Hearing Date: August 9, 2005 7:30 PM STAFF REPORT TO THE CITY COUNCIL CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON UN11, v,•("l~~/" "fit ' ,1 ~1.1~; ITIf].~ lfi'f Ci/(,O717III1C,7LlC~' , SECTION 1. APPLICATION SUMMARY FILE NAME: ARLINGTON HEIGHTS 3 ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2005-00001 OWNERS: Matrix Development Corp. Richard And. Betty Simerson 12755 SW 69 Avenue,.Ste #100 12455 SW Beef Bend Rd Tigard, OR 97223. Tigard, OR 97223 Walling, Roger/Jacqueline 12475 SW Beef Bend Road Tigard, OR 97224 .PROPOSAL: The applicant has" applied for annexation of. 16.97 acres into the City of Tigard. CURRENT ZONING. DESIGNATION: R-7, Medium Density Residential. EQUIVALENT CITY, ZONING DESIGNATION: R-7, Medium Density Residential.: The R-7 zoning district is designed.to accommodate attached single-family homes, detached single-family homes with or without accessory. residential units, at a minimum lot size of 5,000 square feet, and duplexes, at.a minimum lot size of 10.,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: .WCTM 2S109DA Tax Lot 21.00; and 2S110CB Tax Lots 600.and 700. APPLICABLE REVIEW CRITERIA: Community" Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and ORS Chapter-222. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 6 ZCA2005-00001 -ARLINGTON HEIGHTS 3 ANNEXATION - 8/9/05 PUBLIC HEARING SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the annexation by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION " Site Information and Proposal Description: The applicant/owner,- atrix Development, has applied -for subdivision review, but that - application has not completed its review at .the time of-,this report. The subdivision is tentatively named Arlington . Heights 3. A standard :condition of approval for subdivision, proposals on property that borders City limits within.the Urban Services Intergovernmental . „ Agreement area is that the property annex prior to final plat approval. There is no " requirement that an applicant.,or propert y owner wait.until receiving land use approval to annex the property. A parcel that is contiguous to the city limits may apply for annexation at anytime. The total area represented in this annexation request is-16.97 acres and is contiguous to the present city limits along the western property boundary. 'Vicinit' Information: , The subject parcels are located north of-SW Beef Bend Road, south. of Arlington Heights 1 and 2, and east of Summit Ridge subdivision. SECTION IV.. APPLICABLE REVIEW CRITERIA AND FINDINGS, The relevant criteria in this.case are Tigard Comprehensive Plan Policies 2.1.1; 10.1.1, 10.1.2, and; Tigard .Community Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant " policies of the Comprehensive Plan based"on the following findings: Comprehensive Plan Policy 2.177_. a ity.shall mairitain an ongoing citizen involvement program and shall assure•that citizens. will be 'provided an opportunity to be involved in all phases of the. planning process. This Policy requires ."an ongoing .citizen' involvement program. Interested parties and surrounding: property •owners' within 500 feet' have been notified of, the public hearing and notice of the hearing has been published in a, newspaper of general circulation. The.site has been posted since June 23, 2005. There, have been a number of. opportunities for citizens to be involved in the decision" making 'process, 'including,, the approval of the. subdivision request. Policy 10.1.1: The City shall review each of the following services as to adequate capacity, or such services to be made available; to serve the parcel if developed to the. most intense use allowed,' and will not significantly reduce the level of services available'to developed and undeveloped land within the City of :Tigard. The services are: water, sewer, drainage, streets, police'. and fire .protection: This policy requires adequate service - capacity delivery to annexed parcels. The City of Tigard Police, Engineering and Water Departments, NW Natural 'Gas, Tualatin Valley Fire and Rescue, ~ have all reviewed. the annexation request -and,-have offered no objections. While the subdivision request- has not completed its review, staff finds that there are three roads stubbed to the parcel, -an. 8" water line stubbed to the-site, an 8" CWS sewer line along the east boundary, and drainage on the site is , presently -.provided by two natural drainageways. Before the land is developed at its designated capacity of 7= units ;to the STAFF REPORT TO THE CITY COUNCIL . PAGE 2 OF 6 ZCA2005-00001 -ARLINGTON HEIGHTS 3 ANNEXATION 8/9/05 PUBLIC HEARING gross acre, the subdivision review will require that adequate :facilities are available .and upsized if necessary to handle the development. By providing this. infrastructure, the site will have adequate, service capacity. This policy is satisfied: If required by. an. adopted capital improverrients : program ordinance, 'the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following:' The formation:of a-local improvement district (L.I.D.) for any of the following services that - could be provided through 'such a district. The extension or improvement of the following: water, sewer, drainagge and streets. The formation of a special district for- any of the above services or the inclusion of the property into a special service district for.any.of the above services. No L.I:D's have been required with `the subject parcels or subdivision approval All public infrastructure listed -above will, have-to be completed before the land is.subdivided- by a -subdivision plat. The costs of providing such-services . will be borne by the applicant. Since . there are no capital improvements .identified for this site;. no non remonstrance agreement is ..necessary. The City shall provide-urban services to areas within'the Tigard urban planning area or with the-urban growth boundary ypon annexation. The City of Tigard has' an urban '.services agreement with Washington County for those areas within the City's urban growth boundary., This policy has.been.complied with. Policy 10.1:2: approval of proposed annexations of land by the-city shall be based on findings with respect-to the following: the annexation eliminates an existing "pocket" or "island".of unincorporated territory; or the annexation will. not create an irregular' boundary that makes it difficult for, the police in an emergency.situation to determine whether the parcel is within or outside-the city; the police' department has commented upon the:annexation; the land is located within the Tigard urban planningg area and is contiguous to. the cityy boundary;. the annexation can be, accommodated by the `services listed in 10.1:1(a).. This Policy pertains to boundary criteria, for. annexations., The-proposed annexation will not eliminate an~existing "pocket" or.."island" of.unincorporatedterritory; however the annexation will also not create an irregular boundary making it difficult for police to determine whether a particular- parcel is in or outside the city'. The proposed annexation will incorporate the entire subdivision boundary for Arlington. Heights Phase 3. All :future lots within this phase of the subdivision will be inside city limits. The police department has-commented on the proposed annexation request and,did not voice. any objections. 'The land is within the Urban Services Area inside the Urban Growth Boundary and is bordered'by the city limits on the northern side. Services to the subject property are addressed above. This policy is met. community Development Code ec ion is ection addresses, approval standards for annexation proposals: All services and facilities are available t . the area and have sufficient capacity to provide service for the proposed annexation area; Adequate, service (water, sewer, drainage, streets,. police, and fire rotection).capacity is available to serve the annexed parcels. The City of Tigard Police, Engineering and Water Departments; 'NW Natural -Gas;.Tualatin Valley Fire and Rescue, have all reviewed the annexation request and, have offered . n. Objections: Additionally,, the adequacy. and availability, of services ,to serve the intended .R-7: Medium ,.Density residential development will be reviewed and conditioned .as necessary-as, part'of the Arlington Heights 3 subdivision review. Therefore, this.policy is satisfied. The applicabie-comprehensive plan' policies and implementing ordinance provisions have been satisfied. STAFF REPORT TO THE CITY COUNCIL' PAGE 3 OF 6 ZCA2005-00001 -ARLINGTON HEIGHTS 3ANNEXATION 8/9/05 PUBLIC HEARING - Applicable Comprehensive Plan policies have been addressed above. The implementing ordinance provisions of ORS 222, TCDC 18.390, and Metro Code 3:09 were followed in processing this annexation request. Conformance with other development code provisions' will be addressed at the time the property.develops: This standard has been met. Assignment of comprehensive plan and zoning designations. The comprehensive' plan designation an the zoning eslgna ion placed on the prope shall be the City's zoning district which most closely implements the City's or Coun 's comprehensive plan map designation. The assignment of. these designa ions shall occur automatically and concurrently'with the annexation. `In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to'.the City designations which are the most similar. A zone change is required if the applicant requests. a comprehensive plan map and/or/zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. The subject property is in the Urban - Service Area and is zoned R-7 medium. density residential, pursuant to the City of Tigard's Urban Services Intergovernmental Agreement . The R-7 zoning designation is consistent with the original Washington County's R-6 zoningg designation as shown in the table below. The City's zoning was adopted by the County wit Fi the City's R-7 zoning, district .when the Intergovernmental Agreement was signed between 'the county and the city to provide city ,planning services to:this area. Therefore, the pproperty does not need to be rezoned upon annexation. According to Section 18.320.020.C, the City's Comprehensive plan and zoning designations occur automatically and concurrently with the annexation. Conversion -table: 'Table 320.1 summarizes the conversion of the County's plan and.'* Zoning designations to City designations which are most similar. i .T. CQC E liSl()!' 7 ikBL1 0 C..C)U. 11 r11V1) C.1 1.1 I I.:ri,V 1\1) lOIYIYC. DF:StC.\f~"1'IUItiS 1 , A V;, ^ t ~Vashuigttin Cciudty: Li nd Usc City of I iglu d l.,oning Crf} 1-1- ''d , i i ....:1)rsh•r tti/1 lirn:.l)ecr nutrnn..... _ 1 laii l)es ut is-.: 14. I - a It S Res. S unltslacre R 4:~, 5l R T 504),scl, !t. La«i<dwn4 f ii1 5 iinits/ricFel 12-7 51'12 C}OCJ sq i,t., ! fclcd density 6 I units/ tc re,:..: : ; r.. . R-9 R-12.vtulLl-1 mul ..12;:un3LSfai ri :Itletl:'':densit (i12`.Linits/ ' acre a .I .n:.t .I.,...:,t a..::. .,.::-r:. ..v:.... ...I ii':i:'':,:.:`.s':;.".:1,?';: is ji, ,T( 1ZVS' Il''"lttltt't~aiL-CC :17=.1,1i'1V'lllltl'lclllltl}1Z,UnIL51r3i.FL '~•~t,d',do:Il51t}'',f?-.1Z,Unlt$/EtGFV''- d + . n. i... :'Irv ISRes:!:S;l,unlts/,tcl~.::.: ........_,...:,It'=2_. iVllilti=lvizil 2Sl;uiiii lacrei;,::i:avlcdHi tiieritiit 1;i=25;''_:: s. r, nit .:.~_L...ry :I::\'.n ;I: 1...1 . , L...,..,.L.........,... . _ it sac t':~~.. - R 21t R69 2~}.unttstacres, 12-2.. c~9ulU thiiiil} 25 "tanits/acre., ivledtttrn-14' 1 l_tlensity 93 _S t, . 're'd,' - - ae. ....I 2,.. , - - - s : , . i.,0*rt_ 1Ce COlri nlerc, ia] commercial Rroicssicilial:':=s.;: 'C l Coriiiiicr.'cial Rro.lc NC Neila'`lilicihacid",Gonirierciii[ :1 !N; Neichborliood'Coiiincrcial CiV Nei g C'ciiiziiYCrcial; ' - : . c1-1D:C6mn>ercIat;{3us~ness;.- ,C.F3.13,- onimcrcial;Ausi'.=.:::;:':;; C13\D;,\Cusiness:, 171strllt latstrlct t 17istrlct } t : I C. al C'ontriic'relal, CG Gciye rul C Lininiercl tl aCCr'''fie~ai l ai C oin fncri INr) 11dustr151 r i=F.: l:.iglu lndusti ial 1 Ight [ndustritil~' 1':0 1 , 'cis:' ~„i~:' u.'.• ' 1 STAFF'REPORT TO THE CITY COUNCIL,. PAGE 4 OF 6 ZCA2005-00001 -ARLINGTON 'HEIGHTS 3 ANNEXATION 8/9/05 PUBLIC HEARING , Metro M-eTro 3.09 requires the additional.standards to be addressed in annexation decisions, in addition to the,'local and state review standards. These are addressed and satisfied as discussed'below: Consistency, with the directly 'applicable provisions in an urban service provider "agreement-,or annexation plan adopted pursuant. to ORS 195.065; The processing has.:been -done consistent with applicable .Urban Service 'Provider . agreements. Consistency with directly applicable provisions of urban planning-or other agreement, other than agreements adopted pursuant to.ORS 195:065, between the affected entity and a necessary*oarty; The. process required by the Development Code and Comprehensive Plan is. Consistent with the rban Planning Agreement for annexations'. Consistency with specific directly applicable standards-- or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This.has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable standards or criteria for. boundary changes contained in the.Regional-Framework Plan, or any functional plans; Because the Development Code has. been amended-to comply with applicable "Metro functional plan requirements, by complying with. the Development Code and Comprehensive. Plan,,' the annexation is consistent with the applicable Functional Plan and-the Regional Framework plan. Whether the proposed changes-'will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will 'not interfere with the provision Of public facilities or services because it is adjacent to existing city limits and services, and the delivery-of those services was anticipated as part of.the,-urban services agreement which- is intended to promote the timely, orderly, and economic. delivery. those public facilities and services. If -the' proposed - boundary change is' for annexation of territory to Metro, a" determination by Metro Council that' the 'territory should be included in the Urban Growth Boundary shall be the primary criterion for.approval; The subject property is already within the Metro boundaries.' Consistency with'`other'applicable:criteria•for the boundary -change in_ question under estate and local law. Consistency .with other applicable criteria has been discussed previously in this report. STAFF REPORT.TO THE CITY COUNCIL PAGE 5 OF 6 ZCA2005-00001 - ARLINGTON HEIGHTS 3 ANNEXATION 8/9/05 PUBLIC HEARING SECTION'V. AGENCY COMMENTS Washington County Department 'Of Land Use & Transportation, 'Verizon, Qwest. Communications, Northwest" Natural Gas, Beaverton School District #48, Comcast Cable Corporation, Portland 'General Electric, Metro Area Communications, Cleanwater Services, Metro Land Use & Planning, Tualatin Hills Park & Rec. District, Tualatin Valley Water District, Tualatin Valley Fire & Rescue, and Tigard/Tualatin School District 23J have had the opportunity to' review the proposal and have offered no objections. (BASED ON THE FINDINGS 'INDICATED ABOVE,PLANNING "STAFF RECOMMENDS! APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2005-00001 - ARLINGTON HEfGHTS 11• (ANNEXATION. Jul 28 2005 Morgan racy DATE PREPARED Associate Planner. Jul 28 2005. Wcha~d ewers o• ~APPROVEDBY:. Planning Manager STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 6 ZCA2005-00001 -ARLINGTON HEIGHTS 3-ANNEXATION 8/9/05 PUBLIC HEARING CITY OF TIGARD, OREGON ORDINANCE NO.2005 AN ORDINANCE ANNEXING' 16.97. ACRES, APPROVING ARLINGTION HEIGHTS 3 ANNEXATION (ZCA2005-00001), AND WITHDRAWING PROPERTY. FROM' THE TIGARD WATER DISTRICT, 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. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 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 City of Tigard is authorized by ORS. 222.120(5) and 222.520 to withdraw. properties which currently lie within the boundary: of the Tigard Water. District, 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 upon completion of the annexation; and WHEREAS,'the Tigard City Council held a public hearing on August 9, 2005 to consider the annexation of three (3) parcels of land consisting of 16.97 acres and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to, the Water District, for certain debt obligations, however, in this instance the Water 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 Metro 3.09, ORS 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 the annexed property from the Tigard Water District, 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 on December 14, 2004; and. WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, 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 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 current zoning. district is R-7, -an existing City zone that has been adopted by the County and the zoning after annexation. would remain R-7 so that no zone change is necessary, and by annexation the Comprehensive Plan of the, City of Tigard goes, into effect; and ORDINANCE NO. 2005- ZCA2005-00001 Arlington Heights 3 Annexation Page 1 of 2 WHEREAS, the annexation has been.processed in accordance with the requirements of Metro 3.09 and has -been reviewed for compliance with the Tigard Community Development -Code and the Comprehensive Plan and'the annexation substantially addresses'the standards in Metro 3.09 regulating annexations;. and . WHEREAS, the City Council has -carefully considered. the testimony at the public hearing nand determined ,that withdrawal of the annexed properties from the applicable service districts. is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY,OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Couricil:hereby annexes the parcels described in the attached Exhibit "A". and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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: SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: 'City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from 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 'shall be the effective date of this annexation.: SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the . Tigard Water District shall be July 1, 2006. SECTION 6: In accordance with ORS 222.180, the annexation shall be. effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being,'read by number and title only, this day of , 2005. Cathy Wheatley, City Recorder APPROVED: • By Tigard City Council this day of , 2005. Craig.Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE NO.2005~ ZCA2005-00001-Arlington Heights 3 Annexation Page 2 of 2 EXHIBIT A Arlington Heights 3 ZCA2005-00001 A tract of land situated in the Section 9 & 10, Township.2 South Range 1. West Willamette Meridian described as follows: Beginning at the southeast corner of Tract "C" of the subdivision plat of Arlington Heights No. 2 which is on the east line of Section 9; thence S 01° 43' 36" W, along said . east line, a distance of 248.13 feet; thence S 88° 16' 24" E, leaving said east line, a distance of 171.29 feet; thence S 01 ° 43' 36" W a distance of 629.34 feet to the north right of way of SW Beef Bend Road and a point on a non-tangent curve to the left; thence along said curve to the left with a radius of 858.00 feet, a central angle of 18° 45' 39" (a chord which bears S 54° 22'14" W,279.69 feet) and a length of 280.94 feet to a point of tangency;, thence 5.440 59' 24" W, along said north right-of-way, a distance of .13.10 feet; thence N 01° 43' 36" E a distance of 21.7.45 feet; thence N 88° 59' 02" W a distance of 591.22 feet to the east line of Summit Ridge subdivision; thence N 02°02' 19" E a distance of 109.42 feet; thence N 01° 28' 06" E a distance of 173.28 feet; thence _N 02° 14"47" E a distance of 134.59 feet; thence N 00° 00' 56" W a distance of 130.41 feet;. thence N 01° 54' 35" E a distance of 389.30 feet; thence N 01° 11' 42" E a distance of 210.05 feet to the south line of Arlington Heights NO. 2; thence along said south line the following7 courses; thence S 37"29'-,33" E a distance of 140.72 feet; thence S 41 ° 09' 15" E a distance of 134.27 feet; thence S 71 ° 02' 09" E a distance of 105•.57 feet; thence N 84° 57' 06" E a distance of 113.51 feet; thence S 81° 44' 42" E a distance of 69.97 feet; thence S 07° 15' 19" E a distance of 73.53 feet; thence S 90° 00' 00". 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LLJ 7130 3 Z 24 ~;i'v Cfq:`' •~k^. - 3100 $ 4800 I°~.►. ;'N C7 23 CarMUea reots For: 2SI09OA 31T :t mim 13 . 3700 ~,i 21 PS1 00tf im .y.';~-`tYt;' :220 - Y 3m ` - 7 6° i • azoo a 4300 - ` S S ®S S P41 ®Pl 4' 20 VIEW 57RFFf Y m ~Y. ~ Y ' ' -ywsmM•,..` T ,."'~f°°l . _ _ 8900 :.~'r.•. ,;y -t" :y _ r R. j' i;';i;' PLOT DATE: January 20, 2005 4000 p ,e%< FOR ASSESSMENT PURPOSES 17 Y ONLY- DO NOT RELYON .u' i'• `i' Y Y ~ FOR OTHER USE . na' ,,r ~.~;-m~?m;, re^' •vvJ '2 / 7rm.o.r a9.oaaJSa.ow7n+m9a'4ow.nuhre '13- - : Mu,K '9'.i. ,•a9/Z•„ oo.a.,bmmm oP9'+,aao'-7,m~.armm :~a,K p a rye m.~,..,..J,~A.. M • ` /1$ mP" /M x v K•' „ 2S 1 09DA ^ 2S 1 09DA d,yis, vo9 -n U~`~'i x L I i T1tf ARLINGTON HEIGHTS 3, t ANNEXATION - - W i TE rrr { n { ~A (1vl ! $463 ; e,RP r. o • } "..i s FlIA, tJlle J,;; t.'•y,=. C., APR ATTACHMENT 4 Agenda Item: Hearing Date: August 9, 2005 7:30 PM STAFF REPORT TO THE CITY COUNCIL CITY OF Community ~DeveCop ment FOR THE CITY OF TIGARD, OREGON TIGer ShiapingA Better Community SECTION I. APPLICATION SUMMARY FILE NAME: WILSON RIDGE ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2005-00002 AGENT: Alpha Community Development Attn: Jerry Palmer 9600 SW Oak Street, Suite 230 Portland, OR 97223 OWNER: Rickie and Linda Graham 13400 SW Bull Mountain Rd r Tigard, OR 97224 PROPOSAL: The applicant has applied for annexation of 2.68 acres into the City of Tigard. CURRENT ZONING DESIGNATION: R-7, Medium Density Residential. EQUIVALENT CITY ZONING DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted F outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 13350 and 13400 SW Bull Mountain Road, WCTM 2S109AC, Tax Lots 100 and 200 APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and ORS Chapter 222. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 6 ZCA2005-00002 -WILSON RIDGE ANNEXATION 8/9/05 PUBLIC HEARING SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the annexation by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: ,The applicant, Alpha Community eve opment, has applied for subdivision review for which a decision for approval is pending but has not yet become effective. The subdivision is tentatively named Wilson Ridge. A standard condition of approval for subdivision proposals on propertthat borders City limits within the Urban Services Intergovernmental Agreement area is that the property annex prior to final plat approval. There is no requirement that an applicant or. property owner wait until receiving land use approval to annex the property. A parcel that is contiguous to the city limits may apply for annexation at any time. The total area represented in this annexation request is 2.68 acres and is contiguous to the present city limits along the western property boundary. Vicinit Information: The subject parcels are located at the southwest corner of SW 133rd and Bull Mountain Road. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive an Policies 2.1.1, 10.1.1, 10.1.2, and; Tigard Community. Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Comprehensive Plan Policy 2.1.1: 1 e City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This Policy requires. an ongoing citizen involvement program. Interested parties and surrounding property owners within 500 feet have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. The sife has been posted since June 23, 2005. There have been a number of opportunities for citizens to be involved in the decision making process, including the review of the subdivision request. Policy. 10.1.1: The City shall review each of the following services as to adequate capacity or such services to be made available to serve the parcel if developed to the most in{ense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: water, sewer, drainage, streets, police, and fire protection. This policy requires adequate service capacity delive to annexed parcels. The City of Tigard Polce, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the annexation request and have offered no objections. -While the subdivision approval is complete but not yet effective, in the subdivision review staff found that the adjacent streets had adequate capacity, sewers will be extended from the Alberta Rider School site, storm drainage is conveyed througgh a new pipe to the Alberta Rider prolect, and water is provided by an existing 12" water Gne in Bull Mountain Road. The subdivision approval is contingent on the applicant providing these services prior to recording the final pat. This policy is satisfied. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 6 ZCA2005-00002 -WILSON RIDGE ANNEXATION 8/9/05 PUBLIC HEARING following: The formation of a local. improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: water, sewer, drainage and streets. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. No L LD's have been required with the subject parcels or subdivision approval. All public infrastructure listed above will have to be completed before the land is subdivided by a final subdivision plat. The costs of providing such services will be borne by.the applicant. Since there are no capital improvements identified for this site, no nonremonstrance agreement is necessary. The City shall provide urban services to areas within the Tigard urban planning area or with the urban growth boundary upon annexation. The City of Tigard has an urban services agreement with Washington County for those areas within the City s urban growth boundary. This policy has been complied with. Policy 10.1.2: approval of proposed annexations of land by the city shall be based on findings with respect to the following: the annexation eliminates an existing "pocket" or "island" of unincorporated territory; or the annexation will not create an irregular boundary that makes it difficult for the police in an, emergency situation to determine whether the parcel is within or outside the city; the police department has commented upon the annexation; the land is located within the Tigard urban planning area and.is contiguous to the city boundary; the annexation can be accommodated by the services listed-in 10.1.1(a). This Policy pertains to boundary. criteria for annexations. The proposed annexation will not eliminate an existing "pocket" or "island" of unincorporated territory; however the annexation will also not create an irregular boundary making it difficult for police to determine whether a particular parcel is in or outside the city. The proposed annexation will incorporate the entire subdivision boundary for Wilson Ridge. There is a long 10 foot wide "pole' that runs south from the parcels. This is a remnant of an easement for access that benefited other properties further south. That easement has been vacated on the subject parcel, so essentially what remains is a long strip of land. While odd in its configuration, the annexation is simply including the entire extent of the parcel as this.policy requires. There is no attempt to include a cherry stem (typically achieved by annexing roads) with this subject request. All future lots within this subdivision will be inside city limits. The police department has commented on the proposed annexation request and did not voice any objections. The land is within the Urban Services Area inside the Urban Growth Boundary and is bordered by the city limits on the northern side. Services to the subject property are addressed above. This policy is met. Community Development Code ec ion is ection addresses approval standards for annexation proposals,: All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; . Adequate service (water, sewer, drainage; streets; police, and fire protection) capacity is available to serve the annexed parcels. The City of Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the annexation request and have offered no objections. Additionally, the adequacy and availability of services to serve the intended R-7 Medium Density, residential development will be reviewed and conditioned as necessary as part of the Wilson Ridge subdivision review. Therefore, this policy is satisfied. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 6 2CA2005-00002 -WILSON RIDGE ANNEXATION 8/9/05 PUBLIC HEARING Applicable Comprehensive Plan policies have been addressed above., The implementing ordinance provisions' of ORS 222, TCDC 18.390, and Metro Code 3.09 were followed in processing this annexation request. Conformance with other development code provisions will be addressed at the time the property develops. This standard has been met. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation an the zoning esigna lion placed on a prope shall be the City's zoning district which most closely implements the City's or Coun 's compprehensive plan map designation. The assignment of these designa ions sF~alI occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone. change is required if the applicant requests a comprehensive plan map and/or/zoningg map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. The subject property is in the Urban Service Area and is zoned R-7 medium density residential, pursuant to the CI of Tigard's Urban Services Intergovernmental Agreement . The R-7 zoning designation is consistent with the original Washington County's R-6 zoningg designation as shown in the table below. The City's zoning was adopted by the County wN 'the City's R-7 zoning district when the Intergovernmental Agreement was signed between the county and the city to provide city planning services to this area. Therefore, the property does not need to be rezoned upon annexation. According to Section 18.320.020.C, the City's Comprehensive plan and zoning designations occur automatically and concurrently with the annexation. Conversion table. Table 320.1 summarizes the conversion of the County's plan and zoning esigna Ions to City designations which are most similar. '7'A 131.:1;: 3211.1 C(_1\\'l:It11C1\ "1'AIII..6: l+(7It CI"1'1' I'1..:\N r\\) '.(7N1!\(: I)Ial(:\'.-\"I'IC)\' \VashingtU11 Cutr11ty I..and tjsc City Ilt'"1•i-xr•d Zoni11!'. (Aty rrl'"1'i~,:ud llistricts+'1'I.►n I)csi,n.1li(111 14.111 1)CSi!,11:t(ilnt R RCN. tillits!ar.rv R-4.5 SFk' 500 sq. R. L.ow density 1-5 till ils/aL:re R,es. ( unitslac.rc• I:-i SIT ~.(Y)0 "Cl. It. Ngvd. dcnsii 6-12 Lill iIS/.tCI_C h-~) Re.. 9 unit. /ac.rc R'-12 Nliliti-I:ullily 12 unilslacre N.•Icd. density 6-12 units/acre R-12 Res. 12 unitsluCre 1'-12 NItIlti-liullily 12 unitslacrc Nicd. density F.-12 till itshwrv R, - l R vs. I~ a Iitre I:-2> 1ML116-I tntik, 2.5 tnitslacrc 1vh:ditutl-1-Ii!AI density 1:11-2. till iu:iacre R-24 RCS. 24 unitslacrc. R-2.; !Nilulti-lankly till itslaC.rv Nlcaium-I lilt Jvn:itv 13-2 units/acre . Otlice• ConuncrCial C:-I' Commercial I'rifvaional CI' Coln III cre-lial NC. Ncichhorhood Commercial CN Nei_hhorhood Commercial CN Nei- hhiuhuiil Conan •rCial 0'131) Ciutuncrcial 131r.:incss CI3L) ComnlvrCial Bllsine~s C1317 Cl?nintercial Litsinvss District Iaiarict I:)i.stricl ( iC~ ic'I1J1":11 ~~CIll Ill erc•ial C(:-l C icllcr:ll c ollllllvrci:ll CC•i Cienoral ((I11111CCGlaI IND Industrial l-L: IJUIII Industrial LJUIII IIIiILlsrl'i.1111111 STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 6 ZCA2005-00002 -WILSON RIDGE ANNEXATION 8/9/05 PUBLIC HEARING Metro M-efro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied. as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; . This has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable. standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the Development Code has been amended to comply with applicable Metro functional plan requirements, by complyin with the Development Code and Comprehensive Plan, the annexation is consistent with The applicable Functional Plan and the Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is adjacent to existing city limits and services, and the delivery of those services was anticipated as part of the urban services agreement which is intended to promote the timely, orderly, and economic delivery of those public facilities and services. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. . Consistency with other applicable criteria for the boundary change in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. . STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 6 ZCA2005-00002 -WILSON RIDGE ANNEXATION 8/9/05 PUBLIC HEARING SECTION V. AGENCY COMMENTS Washington County Department Of Land Use & Transportation,. Verizon, Qwest Communications, Northwest Natural Gas, Beaverton School District #48, Comcast. Cable Corporation, Portland General Electric, Metro Area Communications, Cleanwater Services, Metro Land Use & Planning, Tualatin Hills Park & Rec.• District, Tualatin Valley Water District, Tualatin Valley Fire & Rescue, and Tigard/Tualatin School District 23J have had the opportunity to review the proposal and have offered no objections. BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2005-00002 - WILSON RIDGE` ANNEXATION. Jul 28 2005 PREPARED BY: Morgan acy DATE Associate Planner Jul 28 2005 D BY: is r ewers o Planning Manager STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 6 ZCA2005-00002 -WILSON RIDGE ANNEXATION 8/9/05 PUBLIC HEARING CITY OF TIGARD, OREGON ORDINANCE NO. 2005- AN ORDINANCE ANNEXING 2.68 ACRES, APPROVING WILSON RIDGE ANNEXATION . (ZCA2005-00002), AND WITHDRAWING. 'PROPERTY FROM THE TIGARD WATER. DISTRICT, 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. WHEREAS, the City of Tigard is authorized by ORS 222:120(4)(B)' and 222.170 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 City of Tigard is 'authorized by ORS: 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of 'the Tigard Water District, 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 upon completion of the annexation; and ; WHEREAS, the Tigard -City Council held a public hearing on August 9, 2005 to consider the annexation of two (2) parcels of land consisting of 2.68 acres-and withdrawal of said property from the Tigard Water District; 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; and WHEREAS, pursuant to ORS 222.520(2) the City, is liable to the Water District for certain debt- obligations, however, in this instance- the Water 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 Metro 3.09, ORS 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 the annexed property from the Tigard Water District, 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 on December 14, 2004; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County UrbanRoads Maintenance District, Washington County Street Lighting. District #1, and the Washington County Vector Control District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexafion,' the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the-'6 iirrent zoning district is R-7, an existing City. zone that has been-adopted by'the County and the zoning after annexation would remain R-7 so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; and ORDINANCE NO. 2005- ZCA2005-00002 Wilson Ridge Annexation Page 1 of 2 WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for, compliance with the Tigard Community Development Code and. the Comprehensive Plan and the annexation substantially addresses, 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 applicable service districts* is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OFTIGARD ORDAINS AS FOLLOWS:. SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County- Urban Roads Maintenance District, Washington County Street Lighting District #l,. and the Washington County Vector Control District. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature.by the, Mayor and posting by the City Recorder. SECTION 3: ' City staff is directed to take. all necessary measures, to implement the annexation, including ; certified copies of the Ordinance with Metro for administrative processing; filing with state and, county agencies as required bylaw, and providing notice to utilities. SECTION 4:, Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from' 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 Distri ct shall be the effective date of this annexation. SECTION 5: Pursuant to'-.ORS 222.465, the effective date -of the withdrawal of this property from the Tigard Water District shall,be July 1, 2006. , r SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of-State. .PASSED: : By vote of all Council members present after being`read by number and title only, this day of 2005. Cathy Wheatley, City Recorder. APPROVED: By. Tigard City Council this day of , 2005. Craig Dirksen, Mayor Approved as to form: City. Attorney. Date ORDINANCE NO. 2005- ZCA2005-00002 Wilson Ridge Annexation Page 2 of 2 Wilson Ridge EXHIBIT A ZCA2005-00002 _alpha, 3 COMMUNITY DEVELOPMENT LEGAL DESCRIPTION GRAHAM ANNEXATION JOB NO. 328-027 A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 2.-SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, 'WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE-NORTHEAST CORNER OF LOT 13 OF THE PLAT OF "MOUNTAIN GATE". BEING THE SOUTHEAST CORNER OF THE PROPERTY. DESCRIBED IN DEED DOCUMENT NO., 2004-06529; THENCE ALONG THE EAST`. LINE OF SAID 'PROPERTY AND SAID LINE EXTENDED, NORTH 01 031'37'' EAST 132.47 FEET TO A POINT ON THE NORTHEASTERLY. RIGHT-OF-WAY LINE OF S.W. BULL MOUNTAIN ROAD. (COUNTY ROAD `NO. 2515) LYING. 20:00 FEET, RIGHT-ANGLE,, MEASURE, NORTHEASTERLY OF ' THE CENTERLINE; THENCE ALONG SAID RIGHT-OF-WAY. LINE SOUTH 59°20'07" EAST 472.32 FEET TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF WESTERLY RIGHT-OF-WAY LINE OF SW 133RD AVENUE LYING 25.00 FEET, RIGHT-ANGLE MEASURE WEST OF THE CENTERLINE OF SW 133RD AVENUE; THENCE ALONG SAID EXTENSION AND WESTERLY RIGHT-OF-WAY LINE SOUTH 00031'25" EAST 192.98`FEET TO THE SOUTHEAST ;CORNER OF THE PROPERTY., DESCRIBED, IN DEED DOCUMENT NO. 2000-04259; THENCE, LEAVING SAID RIGHT-OF-WAY LINE ALONG THE SOUTH LINE OF SAID PROPERTY AND THE PROPERTY DESCRIBED IN DEED DOCUMENT NO. 2000-14685 .NORTH 89° 43'44" WEST 402.59 FEET TO A POINT LYING 10:00 FEET RIGHT-ANGLE MEASURE.EAST OF THE EAST LINE OF THE PLAT OF "MOUNTAIN GATE' ' THENCE SOUTH 010 31' 37" WEST 9.28.57 FEET PARALLEL TO THE EAST LINE OF "MOUNTAIN GATE" AND "MOUNTAIN GATE.flO.2". THENCE LEAVING-SAID LINE NORTH 880 22' 19" WEST 10.00 FEET TO A THE SOUTHEAST CORNER LOT 64 ` "MOUNTAINGATE N0.2"; THENCE ALONG THE. AFOREMENTIONED PLAT. LINES NORTH 01031'37" EAST 1213.81. FEET TO POINT OF BEGINNING., CONTAINING APPROXIMATELY 3.104 ACRES. . THE BASIS OF BEARING FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NO. 22,110 N;\proj\328-027\Word\LEGAL DESCRIPTION_GRAHAM.doc Plaza West - Suite 230 -9600 SW- Oak - Portland - Oregon 97223 Office 503 452-8003 - Fax 503 452-8043 www.alphacorhmunity.corn ` 2S' l 09AC 2S •1 09AC' 1j14 • .',+r..i , ? i - ..-4+L,-r.,:: • .1p " +wuiw E s:•~:,~! m i '^0 14• m T~ ~r'•- ':a~s., .s,,:•:_' dd :+di1lE.Fx'R't ri IIII •'~9,." 1: a'Y,:'.t', W r'f;! •i~ 1.~~;w^•• a.R a„ (IIII ;?y ` Z °,i • .:i" x t,;" ate„, LS ylh 'd: Gray- C _ .l; ,D .r, r..: 1 N' .rd„ 1 m ,}q IIII "a'" . s,a•1: J 'r"' I• o `Y .re I a1 4 Q • I• 1200 2 'l "•,a `.ice°.': ''•IA/ Q s, J 7jR '•i' 4' S &w N I e,L: ''r,.:.. LM K •11c ,q ! .I 1 I k 0 1 ] W § 3 C. l ''i " 't+w'. s. Pak'. `'•a a ~n 'sip < SIC ti I v \ :M •r•,:14. n'dn.' '~\I, ,~ti `•Y.~a ~i \,Ib 1, . Amer, ?P.^,. . •~.~.,j'.,::{,.'' ::;f. :r f• Z '.aigly' - a,q!'r, mW ::r • y:jnro . G .4, wm 1 26200 ran` ~ wqo ':!':i~, O adK ,:a ; 15;.: ':s~• "111 ' ".-N. A LL a.....W = r'ap"a4• WASHINGTON COUNTY OREGON al.^_ t ,y>,'' "'^`'6~`Y"'""~ vI,A((:Sa+~}.,awaw _•a F•. 'ta;':ec SWIM NE1 14 SECTION 09 T2S R1W VP.M. - " O ,h s:,1 I •w~n :17~,, (h : 'YI SCALE 1' a 100' 200 .b.,` 1.. I aaK O'Y~~•, ..a E aoaK 24100q ',u,y ,t ' 5 1//`/ Ifa AC H Gym 7 ' is t . • .,d. y i, tom', ~°j+o: ~ w. _ ! a is x - ~ _ ~ 3 ~ rva:Aa?• .,r,. s, •4,I/ w SW BIRDSV'. ;,'963'. . ~ v ~ V ~ a•r R s . i • :','ti Z n 2600 F ,,Ma: 200 j ssoo •9 .,3a>K "p.l. j ?'r •'6 °••-'•nO6S.''.v :a>~:,ao '•:s ~f." .'n00K 4 Q e K sti4 O'9~~ ? .4s. •~'I4i = ¢ a yn . . 2 3-74 ' ` '.y i "►9?SAS " y:,, y'°.:"en 5 My,~ ••dT:i : ~m+Ma•,, FOR ADD/IIONALWPS WSrr OUR WEBS?EAT f~l ;„'~e^° ` ' .•ao':,' ':~s: WWW.coMsnh)g(0& T.us I.o10wc 9~4j + n.. 'i's Y'• °=7; bA O y~ G~ aa,^ 9a` nK 7 law ~ Y1 1, f ~:-mr•; r• .ss.o ;'~--1-----'>:'`~ .V' - • • s s:'•+ . _ O AC C O n~, ; ; .y r, • : ' V1 a W: ' . 's'1;,.ro•: • • .T 70p D B ' 'ih 1:• -t ) Rx Y Ia1K ¢ S nK noo w . •'r , + 4 ; ' s,'`r t is y', t'3 M-M :f 23.78 Epp TIK :•a'~'Ji,.: ; ' SW RHETT .'•°,°°6r<' - u6ipK° + •,seaip'•,; T COURT - 8 'r,',;y,,••;`' vryybso''° W `'Ii,aaN" I '.Y.a,•: s: "1 ,s: L14M Ily+ " iii' 600 R naq I 0' J. ('Iti;a• •.7, d," ✓ 4:-m M.- _ YK 0 1200 a•'' .'II .•',,~/t _ ',rA a1K 9 :t': T® is o t I o n.. m PLOT DATE: November 30, 2004 F.OR ASSESSMENT PURPOSES vs ata : ONLY- DO NOTRELYON 'y, ' ss / 6 11 ' 9 ' FOR OTHER USE i> .•.t.•.`!.` t•:t 1~ .`..'NS6W.usM~~.edm~ .Wewuvre ` s'• ~ I - f a.r.rrv~wbevnmra nrm mmam. Wo'aaw.rv - ~y~,~ a`s :66.• gg5=~~ ._J•.: '.c ^1!!!,4^1!/..^., g seam. - ' P ='A TIGARD 2S 1 09AC . 2S 1 09AC ALPNE VT-'14 IERR NRV DR' I - IY WILSON RIDGE ANNEXATION - F SITE "IAl BIRDSVIEW $1 I RHETT " - - _ ups Ev[;,rin,+, Fl;'.da,3 ko'4 '000, C':>t APR ATTACHMENT 5 Agenda Item: Hearing Date: August 9, 2005 7:30 PM : ` STAFF..REPORT.,TO:THE 1§us ~c Sx >$Y asss c maw.., x .w _ x Me, N, ~z: C 11 ITY COUNCL . : r. CITY OF TIOARD ' , yTHE='CITY OFT IGARD, ORE:GONx Y' ~ommunity,~Developmeut•;= j; ~t,,axFORa r fSha in A~dettesC mmunt SECTION I. APPLICATION SUMMARY FILE NAME: ALBERTA RIDER/SUMMIT RIDGE ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2005-00003 OWNER(S):. Various Owners PROPOSAL: Annexation of 56 parcels containing approximately 20.75 acres into the City of Tigard. CURRENT ZONING DESIGNATION: R-7, Medium Density Residential. EQUIVALENT CITY ZONING DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family -homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: Alberta Rider School: WCTM 2S109AC, Tax Lot 2100 and 2S109AD, ax of 1300; an Remaining Portions of Summit Ride Subdivision: WCTM 2S109DA, Tax Lots 8500, 8 0 , 870, 8800, 9400, 00, 96 , 9700, 9800, 9900; 10000, 10100, 10200, 10300, 11500, 11600, 11700, 11800, 11900, 12000, 12100, 12200, 12300, 12400, 12500,'12600, 12700, 12800, 12900, 13000, 13400 and 13500, and WCTM 2S109DB, Tax Lots 1000, 1900, 2100, 2200, 2300, 2400, 2500, 2600, 2700, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3600, 3700, 3800, 3900 and 4000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and ORS Chapter 222. SECTION II. STAFF RECOMMENDATION '.=yr: xa;;'; ;:';:b>A""':::„aA:':•' <.wr~rtax: •'-;°:}.aa,W: .n .,r:: ::::,c`a€r .:~c.a.•• .^~9~' - '.:.m;:<, :t I~.,,,. .fnda;that the proposed annexation 'will, ,notRad verse ly; Staff~ecommends that the Council_„ affect tl a ahealtA-,csafet Yand'welfare of, the;=Cit w. Therefore »staff~recommend " °.iAPPROVAL" •°.7,ia= *S,i °:•-~Y^ §°€a :zo.=.e;a ~a -Hof the a'nnexatidh' by,adoption of, the attached ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 6 ZCA2005-00003 -ALBERTA RIDER/SUMMIT RIDGE ANNEXATION 8/9/05 PUBLIC HEARING SECTION III. BACKGROUND INFORMATION Vicinit Information: The su jec parce s are located at the southeast corner of SW 133rd and Bull Mountain Road, and to the south in the Summit Ridge Subdivision, west of SW Greenfield, north of SW Beef Bend Road. Site Information and Proposal Description: There. are essentially three areas involved in this particular annexation request: the Alberta Rider School site; the undeveloped portion Phase 3) of. Summit Ridge; and the remaining portions of Summit Ridge (Phase 1 and 2) that were not previously annexed last year. There are a total of 56 properties involved in this request totaling approximately 20.75 acres. For the first area, the school site, as a condition of the Conditional Use approval, the applicant was required to annex the property prior to final building permit inspection. This was done to allow the school to proceed.in a timely fashion on their construction schedule while going through the process to annex. The intention is that the annexation will be complete before the school needs to open, for if the annexation is not approved in time, final inspections can't be conducted and the school cannot be occupied. The second area, Phase 3 of Summit Ridge, the subdivision was required to annex prior to recording the final plat for the lots. This is a standard condition that is applied to properties requesting development approval when bordering the city limits. For the third area, Phases 1 and 2 of Summit Ridge, portions of this subdivision are inside . and some are outside the city limits. During the review of Summit Ridge Phase 1 and 2, the property did not abut the city limits. The City required that the applicant sign a consent form for future annexation when the city limits did abut the site. During an annexation hearing to annex the Arbor Summit subdivision immediately north of Summit Ridge, the City included one of the parcels of Summit Ridge through a double majority method. The annexation occurred and was finalized before the plats for those phases .were recorded. . The result was that some of the lots that were created through those plats ended up straddling the city limit boundaries. See the following map. - Alberte,R sr Arb rr s 4 School e { t' r Sum It Rldpe. II ~do STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 6 ZCA2005-00003 - ALBERTA RIDER/SUMMIT RIDGE ANNEXATION 8/9/05 PUBLIC HEARING SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and; Tigard Community Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: t Comprehensive Plan Policy a ity shall maintain an ongoing citizen involvement program and, shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. , This Policy requires an ongoing citizen involvement program. Interested parties and surrounding property. owners within 500 feet have been notified of the public hearing and notice of the nearing has been published in a newspaper of general circulation. The site has been posted since June 23, 2005. There have been a number of opportunities for citizens to be involved in the decision making process, including the review of the subdivision and conditional use request. Policy 10.1.1: The City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the . most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The services are: water, sewer, drainage, streets, police, and fire protection. This policy requires adequate service capacity delivery to annexed parcels. The City of Tigard Police, Engineering and Water Departments,. NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the annexation request and have offered no objections. In the review of the Alberta Rider School and Summit Ridge subdivision, staff found that the adjacent streets had adequate capacity with completion of required improvements, sewers will be extended up from Bella Vista subdivision on the.south, through Summit Ridge and up through the Alberta Rider School site, storm drainage.is conveyed through a new pipe from Bella Vista to the Alberta Rider project, and water is provided by an existing 12" water line in Bull Mountain Road. The subdivision approval is contingent on the applicant providing these services prior to recording the final plat. The conditional use, approval also required completion of these utilities and facilities. This policy is satisfied. If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: The formation of a local improvement district L.I.D.) for any of the following services that could be provided through such a district. The extension or .improvement of the following: water, sewer, drainage and streets. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. No L.I.D's have been required, with the subject parcels or land use approvals. All public infrastructure listed above will have to be completed before the land is subdivided by a final subdivision plat or final inspection occurs on the school building. The costs of providing such services will be borne by the applicant. Since there are no capital improvements identified for (this site, no nonremonstrance agreement is necessary. The City shall provide urban services to,areas within the Tigard urban planning area or with the urban growth boundary upon annexation. The City of Tigard has an urban services agreement with Washington County for those areas within the City's urban growth boundary in the Bull Mountain area. This policy has been complied with. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 6 ZCA2005-00003 - ALBERTA RIDER/SUMMIT RIDGE ANNEXATION 8/9/05 PUBLIC HEARING Policy 10.1.2: approval of proposed annexations of land by the city shall be based on findings with respect to the following: the annexation eliminates an existing "pocket" or "island" of unincorporated territory; or the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the city; the police department has commented upon the annexation; the land is located within the Tigard urban planning area and is contiguous to the city boundary; the annexation can be accommodated by the services listed in 10.1.1(a). This Policy pertains to boundary criteria for annexations. The proposed annexation will not eliminate an existing "pocket" or "island" of unincorporated territory; however the annexation will also not create an irregular boundary making it difficult for police to determine whether a particular parcel is in or outside the city. In fact, this annexation is in part to address a situation where parcels fall both inside and outside the city limits. Specific jurisdiction for a number of services is clouded by the partial inclusion of these properties. Their formation is the result of disjointed annexation and plat approval timing. The subject annexation will eliminate this confusion and implement the original requirements placed on the subdivision regarding annexation of the property. The pproposed annexation will incorporate the entire subdivision boundary for Phase 3 of Summit Ridge. In addition, the entire property where the Alberta Rider school site sits is also included in this request. Boundaries of this request follow logical extensions to the edge of the properties, except where the school abuts Bull Mountain Road. In that location the annexation will include the remaining portion of that road that is not presently in the city limits. The land is within the Urban Services Area inside the Urban Growth Boundary and is bordered by the city limits on the northern side. Services to the subject property are addressed above. This policy is met. Community Development Code ec ion is ection addresses, approval standards for annexation proposals: All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; Adequate, service (water, sewer, drainage, streets, police, and fire protection) capacity is available to serve the annexed parcels. The City of Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed, the annexation request and have offered no objections. Additionally, the adequacy and availability of services to serve the intended R-7 Medium Density residential and institutional development has, been reviewed and conditioned as necessary as part of the Summit Ridge subdivision and Alberta Rider reviews. Therefore, this policy is satisfied. The applicable comprehensive plan policies and implementing ordinance provisions \ have been satisfied. Applicable Comprehensive Plan policies have been addressed above. The implementing ordinance provisions of ORS 222, TCDC 18.390, and Metro Code 3.09 were followed in rocessing this annexation request. Conformance with other development code provisions have been addressed in the previous land use reviews. This standard has been met. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation an the zoning esigna ion placed on the prope shall be the City's zoning district which most closely implements the City's or Coun 's comprehensive plan map designation. The assignment of these designa ions shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map.and/or/zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 6 ZCA2005-00003-ALBERTA RIDER/SUMMIT RIDGE ANNEXATION 8/9/05 PUBLIC HEARING The subject. properties are in the Urban Service Area and are zoned R-7 medium density residential, pursuant to the City of Tigard's Urban Services Intergovernmental Agreement . The R-7 zoning designation is consistent with the original Washington County's R-6 zoning designation as shown in the table below. The City's zoning was adopted by the County with the City's R-7 zoning district when the Intergovernmental Agreement was signed between the county and the city to provide city planning services to this area. Therefore, the pproperty does not need to be rezoned upon annexation. According to, Section 18.320.020.C, the City's Comprehensive plan and zoning designations occur automatically and concurrently with the annexation. Conversion table. Table 320.1 summarizes the conversion of the County's plan and zoning designations to City designations which are most similar. : C()N~'1 1251()1 ,I A13t L NdR C.()LJ\'1 1 At\il) GI`I'1 1'I i1N r>,\°n lt3tirlN~.'1)1 ~ICN.~ 1•l~~i~ ~ .:.r: . _ of:,l ~ urd-lontn '.G;itj of'1?igsii~il,.: s........_... Y.:. i.:.Dtstrtcts/I.Lstn„Dent nation:.::..: r,. l_It► e, at-o -;:5 R -R s.-5. un►ts/a4rc:. R-4:5.:$FR'';7 5QQ°s I€"`E.i: ;It' G }7e5! Cr. untts/sure : }2 '7 SIB R S:t}('>() sq, :19 i Tviecldr;nsit} Ct l'^'~int►tti/acre ' l , _ . • ii! R;4 Res 9 unit~lacrc`. 12=12 Multi litniil}: 12 runts/acre Med: density 6 12 units/acre ',r ' s : : :.:M densit F- 6 ' :12" units/t ic k:'::::?::' R 12 Rus..12:.units, acre :R .1Z:MitIti-Ilan il}.s12_utits/a4rz.,. ed . jj: ra.,. .~..i r: .,.'y ilf, :r I'S!:units/acre::':,::; R-25:M6Itl-lamp units/aurc;.;::::Mtd w»-11J hjden.... .;1.3,-? ,.r.:,: ~unitst re . i R-24 Rcs:'24:units/acres.'" 25,'M.tiltr=lattiili 25:utiitsYscre :Ivlciiiitnt-lei Ali derisii it i 4 r i .I ,i r 4 Kt I l: . L i II]nlvr iitl C 1' C on1►ttercial 1'rcttctisioit it C'P C`cnnntcic:i ►I I rofe.4 ioit ►I, : '9,9,, C,ontmerc ►zl ~ CN,' Ncir~Itborhpad Coit3mercial CN i leighborhaod' Coilln ruial, NC Ni,i hptir, I" d, t3. r. C13U''CAnunerc~al,;l3usuiess,;:'.::.::: ^.G[3ll.;Colnmercial-~Bustness.;;.,,,.xQ0 ~D„ antin.erclat F3usuiess; ~JE District I?istr ict ' r..: . !i. ,.:.r._;.: 'fir.. ci~eral` G.C..Gcnc ral•.,Gommcr. tai.,,.. CG,..Gancnil_Cotnnurc a . CG.G :.,....:...INLa:,lndus(naL:'.;'.:..:.,,.::. i I!.1 hti.l►tdusiriitl;".°; 1~1 "lilt' 111 1 , Metro Meffir-o 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with. applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan is consistent with the Urban Planning Agreement for annexations. STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 6 ZCA2005-00003 -ALBERTA RIDER/SUMMIT RIDGE ANNEXATION 8/9/05 PUBLIC HEARING Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the Development Code has been amended to comply with applicable Metro functional plan requirements, by complying with the Development Code and Comprehensive Plan, the annexation is consistent with the applicable Functional Plan and the Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is adjacent to existing city limits and services, and the delivery of those services was anticipated as part of the urban services agreement which is intended to promote the timely, orderly, and economic delivery of those public facilities and services. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the boundary change in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V. AGENCY COMMENTS Washington County Department Of Land Use & Transportation, Verizon, Qwest Communications, Northwest Natural Gas, Beaverton School District #48, Comcast Cable Corporation, Portland General Electric, Metro Area Communications, Cleanwater Services, Metro Land Use & Planning, Tualatin Hills Park & Rec. District, Tualatin Valley Water District, Tualatin Valley Fire & Rescue, and Tigard/Tualatin School District 23J have had the opportunity to review the proposal and have offered no objections. [BASED " ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENOS `APPROVAL OF' ZONE CHANGE ANNEXATION (ZCA) 2005-00003 ALBERTA RIDER/$UMMIT RIDGE ANNEXATION. Jul 28 2005 PREPARED BY: Morgan r cy DATE Associate Planner /V1 STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 6 ZCA2005-00003 - ALBERTA RIDER/SUMMIT RIDGE ANNEXATION 8/9/05 PUBLIC HEARING CITY OF TIGARD, OREGON ORDINANCE NO. 2005- AN ORDINANCE ANNEXING 20.75 ACRES, APPROVING ALBERTA RIDER ELEMENTARY SCHOOL/SUMMIT RIDGE ANNEXATION (ZCA2005-00003), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, 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. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 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 City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on August 9, 2005 to consider the annexation of 38 parcels and portions of 18 additional parcels of land consisting of a total of 20.75 acres and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water 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 Metro 3.09, ORS 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 the annexed property from the Tigard Water District, 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 on December 14, 2004; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, 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 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 current zoning district is R-7, an existing City zone that has been adopted by the County and the zoning after annexation would remain R-7 so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; and ORDINANCE NO. 2005- ZCA2005-00003 Alberta Rider/Summit Ridge Annexation Page 1 of 2 WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses 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 applicable service districts i's-in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from 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 shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2006. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of 92005. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2005. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE NO. 2005- ZCA2005-00003 Alberta Rider/Summit Ridge Annexation Page 2 of 2 EXHIBIT A Alberta Rider/Summit Ridge ZCA2005-00003 . A tract. of land situated in the Section 9; Township 2 South Range 1 West Willamette Meridian described,as follows: Commencing at a point northwest cornet of lot 7 Arlington Heights; thence N 01° 57' 48" E-a distance of 18.04 feet; thence S 88° 04' 30" W a distance of 625.20 feet to The True point of Beginning of the Annexation; thence S-01° 56'56" W a distance of 426.22 feet; thence S 88° 56' 17" E a distance of 212.83 feet;' thence S 02° 00' 00" W a distance of 274.61 feet; thence N 88° 49'.24" W a distance of 336.20 feet; thence S 01' 15' 49" W a distance of 475.68,feet; thence S 87°.59' 46"'E a distance of 303.50 feet; thence S 01 ° 15' 46" W a 'distance of 561.57 feet; thence N 87° 59' 46" W a distance of 303.50 feet; thence N 01 ° 15'-46" E a'distance of 561.57; thence N 87° 59' 46" W a distance.of 846 feet to the easterly right-of-way.of.SW 133rd Ave; thence N 01° 33' 29" E, along said right-of-way, a distance of 50.00 feet; thence S 87° 59' 46" E a distance of 221.31 feet; thence N 01 ° 21' 36" E a distance of 140.04 feet; thence S 87° 58' 20" E a distance of 220.90 feet; thence N 01 ° 15' 49" E a distance of 1185.00 feet to the southerly right-of-way of SW Bull Mountain Road; thence S 59° 18.' 32" E, along said right-of-way, a distance of 433.01 feet; thence N 88°04' 30" E, along said right-of-way, . a distance of 158.32 feet to the point of beginning. ~p 2S 1 09AC 2S '1 09AG . \ :'II,• '.3'~• _.'_DtF1)•~ _ _ '.fig . - ~ C ')hr' .'ate'. ~II,III 9. !a. 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ONLY - DO NOT RELY ON ^"::'`,:rte • . ^ • - - o___~//~_ ' i\ A^ •'~SIS~~r,, ~ ~R~; FOR OTHER USE , " . x`1 8 ,O'"~ 'Y A'- - •1~ alneaaehsMw~+r.a~q va owsaaMwo 8 . 2e2 aC, - polo "L \ .-m~" I.E~:=:~~K":`~ tl 1:^ u.ra,rn emarennerN, wrnamzr.wmrwr. rn.mm } 4spaprara nap ^R EovnCar/ex Please mRrRdrv awmepawry Y '`I,,• y _ brtlN mpacvmrt hbmmo,. } i' :•I • r i d ;F i A % 01{~9,w09 - - - - - 2S 1 09DA 2S 1 09DA . ~ , - ` . - ~ . ~ ` - ~ t F 1 ~ I I IQ' s~a v G `max ALBERTA RIDER SCHOOIJ SUMMIT RIDGE SUB. ANNEXATION I 1 ~t ✓ Y SITE, yyy'yyy,~ P~5 1 /r e 5 r , rM ?.fi:`..,^; "r'1;i w~.?:r.nt`tE^! _ _ _ _ - _ - _ _ - ~ ft-- - - PF2'fa... ,r:c} ~F _`:^,r'.~.:'.t°'~~:V~4A:.iftw •3.,1~~'~'~' Entered into the Record on S'16OC . C~ , By: Agenda Item# Exhibit Additional Materials for Tonight's. Annexation Hearings Supplemental findings for each of four annexation reports. Revised Legal Description and -Map for Alberta Rider/Summit Ridge Annexation. - : - SUPPLEMENTAL FINDINGS CONCERNING.COMPLIANCE WITH ORS CHAPTER 222 ZCA2004-00003 - Mountain View Estates The City is proceeding with this annexation without an election iri'the territory to be . annexed under ORS 222.125. That statute provides; The legislative-body of a city need not call or hold an election in the city or in any contiguous territory proposed to. be annexed of hold, the. hearing otherwise required under ORS 222:120 when all ofthe-owners r of land in that.territory and not less than 50 percent. of the electors, if any, residing in the territory consent in writing to th&annexation of the land in the territory and file a statement of their _consent with the legislative body. Upon receiving written consent to annexation by ; owners and electors under this section, the legislative body of the city, by resolution or ordinance, may set the final boundaries of the area to be annexed by a ,legal description and,proclaim the annexation. The Council finds: " L There is one owner of the two properties that are in the territory proposed for, annexation under ZCA2004-00003: The owner has. consented in writing to annexation to the City of Tigard and those consents have been duly filed with the city., 2. According to County voter registration information, there are no current registered voters residing in the territory to be annexed under ZCA2004-00003. The City had received signed consents to annexation. to the City of Tigard from all four previous registered voters. 3. Because the City has written consent of all owners of land and there are no currently registered voters in the territory proposed to be annexed. under ZCA2004-00003, the City may proceed with- annexation of that territory without a vote in the territory to be annexed, pursuant to ORS 222.125, because it has the consent of all owners and there are no electors. SUPPLEMENTAL FINDINGS CONCERNING COMPLIANCE WITH ORS CHAPTER 222 Z0,2005-00001 -Arlington Heights 3 The City is proceeding with this annexation without an election in the territory to be annexed under ORS 222.125. That statute provides: The legislative body of a city need not call or hold an election in the, city or in any contiguous territory proposed tb~be annexed or hold the . hearing otherwise required under. ORS 222.120 when all of the owners. of land in that territory and not less than, 50.percent of the electors, if any; residing in the territory consent in writing to the annexation of the' land in the territory and file a statement of their consent .with the legislative body. Upon receiving written. consent to annexation by owners and electors under this section, the legislative body of the, city, t . by.resolution or ordinance,,may set the final boundaries of the area to be annexed by a.legal description and proclaim the annexation. The Council finds: L There are five owners of the three properties in the territory proposed for annexation under ZCA2005-00001 have consented in writing to.annexation to the City of Tigard and those consents have been duly filed with the City. 2. According to County voter registration information, there are four registered voters residing in the territoryto be annexed under ZCA2005=00001. The City has received signed consents to annexation to the City of Tigard from all four registered voters. Therefore, the City has received consents from. a,majority of the electors in the territory to be,annexed under ZCA2005-00001. 3. Because the City has written consent. of all owners of land and the majority of the voters in the territory proposed to be annexed under ZCA2005-00001, the City may proceed with annexation of that territory without a. vote in the territory to be annexed, pursuant to ORS 222.125. l • 'SUPPLEMENTAL FINDINGS CONCERNING LCOMPLIANCE WITH-ORS CHAPTER 222 ZCA2005-00002 Wilson Ridge' - " The City is proceeding with this annexation without an, election in the. territory to be annexed under ORS 222.125.. That statute provides: The legislative body of a city',need not call or hold an. election in the city or in any co ntiguous'territory proposed to be annexed or hold the hearing otherwise required under ORS 222.120 when all of the owners of land. in that territory and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation of the F land in the territory'and file a'statemeni of,their consent with the . legislative body.. Upon, receiving written consent to annexation by owners and, electors, under this section, the legislative' body of the city, by resolution or ordinance, may set the final boundaries of the area to be annexed by a`legal description and proclaim the aiuion. The Council finds: There are two owners of the two properties that are in the territory proposed for annexation under ZCA2005.'00002'. Both owners have-consented in writing to annexation to the City of Tigard and those consents have been duly filed with the city. 2, According.-to County voter registration information" two registered voters reside in the territory to be annexed. under ZCA2005-00001` The City has received . signed-consents to annexation from both voters and therefore has the consents of a majority of.the electors in-the territory to be annexed. 3. Because the City has,written consent of all owners of land and the majority of the electors in the territory proposed lo be,annexed under ZCA2005-00002, the City " . may proceed with annexation of that territory without a vote in the territory to be annexed; pursuant to ORS 222.125. SUPPLEMENTAL FINDINGS CONCERNING COMPLIANCE WITH ORS CHAPTER 222 ZCA2005-00003 - Alberta Rider / Summit Ridge' The City is proceeding with this annexation without an election in the territory to be . annexed under ORS 222.125.. That,statute provides: The legislative body of a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hearing otherwise required under ORS 222.120 when all of the owners of land in that territory and notless than 50 percent of the electors,'if any, residing in the ferritory consent in writing to the annexation of the land in the territory and file a statement of their consent with the. legislative body. Upon receiving written consent to annexation by owners and electors under this section, the legislative body of the city, by resolution or ordinance, may set the final.boundaries of the area to be annexed by.a legal description and proclaim the annexation. The Council finds: 1. With.the exception of one person who has a life estate in one portion of the area originally proposed for annexation, all of the owners of land in the territory proposed for annexation under ZCA2005-00003 have consented in writing to annexation to the City of Tigard and those consents have been. duly filed with the city. 2. According to County voter registration information, there is one registered voter residing in the territory originally proposed to be annexed under ZCA2005-00003. That elector is the same person who has a life estate in a property. within the area originally proposed for annexation. This elector has not signed a petition or consent to annex. Therefore, the portion of the proposed annexation territory where the elector resides and has a life estate cannot be included in the proposed annexation without an election. 3. The City Council determined to. exclude the area where the elector/life estate holder resides. The annexation of the remaining. area may proceed without.a vote , in the territory to be annexed pursuant to ORS 222.125 because the City has the consent of all owners and there are no electors in the area now proposed for annexation. ' , . , exation Territory . ' ndiap of An° al Descriptions a_ der! Summit Ridge Revised Leg 00003 Alberta st W illamette for ZCA 200'- 2 South Range 1 W e n tb~ Sectiop 9 T °`shlp . situated 1 A tract of land as follows on Height of described lingt Meridian _ lat of distance . 04, 30' Vd a ' est Corner f the subdivision S 019 or o 56'56' 13.03 feet; thence S $s S thence . at a point northv~i exation; henceS Commencing 4$ E a distance.of . of the p'er' distance of 212.83 feet; 20 feet; aiut of Beginning of.336. thence 14-010.5 True 1 ' a: 59' nc distance~of .'The o 56 - -24" W a distance 2d feet to thence g $8 .N SSo 149 ' 46 625 of 426.22 feet; thence thence S 87 N:. 810 59 0 a'distance of 2?4.61,feet; 475'68 feet; , thence 8'1 59'' 00, 00 w .a dlsta49 ew a distance of of, 561.5? ,feet; thence N o Ce 1 o 151, distance of'561.511 thence S.01 thence S olo 15.46 W ao , 46„ jr, a distance 133id Ave; then " E a a then pl 15 t . of SAN o 59146 303.50 feet; feet; thence.N easterly right-of-way thence S $7 thence S $1 of 303.50 f 50 00 feet; p4 .feet; a distce of 846 feet to the distance o ce of 140' 1185 00 feet to . 46" W a distance ht-of-ways a -,211 " a distan Ge of eo 14 Bald ng 01.36 49 ' E a dista o , 32 E, along 33, 29 " E, along thence.- N 010'15 9 18 aid t of- of 221 feet, thence oad; th c r"I E s rlgb . R o along. 0 90 feet distance of 22 . u 5S 11 Mountain S8 , 20„ E.a distance t B thenceN erly right-of-waY of Of 433.01 feet; inning Point of beg the south a distan the. said right-af-waY158.32 feet to e y described o in distance of rop that p. waY a feet of the East 211 . . North 277 feeti of . Excepting there berom the .99114503 Document -Sum 2S 1 09AC 2S 1 09AC y q. _ try D a,ui , 3 "lii'.,4•y RIY$}.--• 41, .W . m Z irul.~.~- ~Jn~yaJj ',l.'` .{1'tF°.Sw1n,AR°..~w•?=n~4wL°i Fp. y .,A' BE$ni m I' W tP ' '~„a gry \~r sip D+ Z LLJ ,u7„c I .h 1j'14i° •"•f.''f •',.I'•~.' •''ueK Q ' 2200 R ~ei•''.'•'•: im 01 - l~ • lil y 'lll a~ :"1.~1PC 11 ~ f •:zg.. :YI li'" ..330 .:'"'S>''.ae, ,.tea ,;;,.yS..:*... ` 1. :';:f:•:~ a~p 7 IC.','•: d,•y a: = 9 ;4: ' I Q Y ;;,tea 6t ,i w 2600 ..I ••'yY iE 2 YM. 77. -ir :.iii:8 d' rm 8 t W. too , ' r. I . ,Y , WASHINGTON COUNTY OREGON 'I ,,,,,,p ze:•• p SW,/4NE,/4SECTION 09T2SR1WW.M. SCALE 1' 100' 2300j~ 2100 p[I- e'•_t'.J~°,5 ' n X017. \3~: ,GO JOK , C e, 8+ . I , .F~~ v •:9 7' •32: ';J3:.SI: '3B~ ~3,, ►~a I Y a.K I r~. J•P.'. •.'e,.' is \t" a- - - ~n.~- uy y~~u 3 SW BIRDSV• 2a 12 7 - 8 9 1d /7 ~f2~la 14 dg W 2 k.i~ Y > o ,3~ }7Y J7. 76 1 `,13. 7B. 55 300 7eK > ,800 , ie)K df $ a -T.' ! 18 - l "6. i nse.' 2 I LO,K Q Orq ! .R ,t•3 (n•" ,n7~s~.• ~I '79 23 I 1 2$-74. ll T5 :,2Y` 8. ;p\ ..'st ' I /C'7 ..'23:' fi 7^__.'ru u, 3B. 517. 3~ '33' S* 9 •31 311, arm ' Y b' ^ _eib ,a,m - ,J . 2060 _ I * ~1 '^'.'(1. 27.E 1 `esq. . - :^53~ 500 FOR ADDITIONAL MAPS VISIT OUR us fBSITEAT #q / CL wwtrco.wafih 800 Y_`1 G(4.f'cv •...'66. _ a .)=K ,/f 1600 :..BB:,....:,RA. . p ; aSVQ.p.,; i. 9CRF ULt:., R W 70 BE' AC Ilk 700 ~~,a.b?q Q 91 . t700 -',CB:'y CA.' • '.DB.'::••'DA:': trIf-' 'ty.....- ~ N i ~ ~ - - - - -r•).„ - teoo 8. I , ~ ' >.i7lK . 77 % 3=78==K ;I rn _ - - - - - 2,00 of, r►wps 4,41S M ~'r-~; 600 r ,aoo b i •I• 0.)IK d e., ' "ria • ES ~,y.'„ 1C[aon +C!/tv(1~ SW RHETT • ':ez'' wK 300K.•. . ~ were, no~~~ L I I I'.. y S "COURT, ~+r Aw.,u..v:..,~w3a+:n':.,.w,w..:.: °.:;'.•°:x:•~+ ,rau:'S,\Mwv..r wra cr.r -'--'-I .u=::m= I S~oWS Are. ,'tW~ 1A/ks is Mm_ f > IB ~eyrf¢ I r I~ ~~cc lam(. ,I. 7= al IS n63 ,W' I LOOK ~i IiLW, _ ' h e0o R t: • Q als MK EI L°aT C'~ asarnen.1 75' \ .Y. (JYfi Ks n.aa I I ao~c 1300 I I ~.fl~R~1 ~I - - - - • - - - - b_ l PLOT DATE: November 30, 2004 e 1. >~!.IR iuK I v . ' . • n ' FOR ASSESSMENT PURPOSES ONLY- DO NOT RELY ON t 65 FOR OTHER USE ~ j'~. . ~ ~ - ' ) ~ F t100 - _ I, ~ /bp,=aat OrMm007 NSwpryrN~,prc°voardettlMO _`-0O',1 ~j., ~u~+r 1 f` I - LnK t -,1 ppn,n snbnMem O^IYOdmA•mrMCYr NS mOC ' rr y \ " , 1- . I i m . a,. rvowrmmn.= w.=r, o~ aaa, an.am...v 'L.--- 3a' blM m=C ar,rt WO•nain al~ Q, ' ~Y- b...rb P •s z' ' TIGARD 2S1 09AC 2S1 09AC v a1rRs,w9 ' k' Cc = z (cl-t - ~eXations ' or A enda Item #'7 et Materials f . cil Pack lements' i Additional. Coun the following supl? . this packet axe Inclu t. Estates view ded in ZCA 2004-OQtal yi dings Y lenient 1 ]eri~enal F Supp Exhibit A : Supp ended Motion Exhibit'g:Reco?~ oriHeights.3 - QQ001 prlingt . CA 2005 ;ndings ent 2 -Z -Im ental -F Supple Exhibit A' S ec olended M°tiori ' Exhibit B . R. Ridge - . pp002; ~,rilson _ ZCA 2p05- .Findings lemental. otion Supplement 3 . , Supp ~ed M Exhibit A': Recolonell I Suet Ridge . Exhibit B pjberta Rlderl . A2p05-000037indings tion Descrip Tax Mapj lenient 4 ZC lemeatal f al Teitory Supp. xhibit A Supp ent 1 _ Amended Leg eXation E Attachm panended A Attacbrnent 2 ded Motionrd on Entered into the By-. EXh~bat I~f Agenda item# Supplement ZCA 2004-00004. Mt: View Estates Exhibit A SUPPLEMENTAL FINDINGS CONCERNING COMPLIANCE WITH ORS CHAPTER 222 . ZCA2004-00003 - Mountain View Estates The City is proceeding with this annexation without an election in the territory to be annexed under ORS 222.125. That statute provides: The legislative body of a city need not call or hold' an election in the city or in any contiguous territory, proposed to be annexed 'or hold the. hearing otherwise, required. under ORS 222.120 when all of the owners of land in that territory and not less than 50 percent of the electors, if any, residing in the territory consent in-writing to the annexation of the : land in the territory and file a statement of their consent with the legislative body. Upon receiving written consent to annexation by owners and electors under this section, the legislative body of the city, by-resolution or ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. The. Council finds: 1. There is one owner of the two properties that are in the territory proposed for annexation under ZCA2004-00003: The owner has consented in writing to annexation to the.City'of Tigard and.those consents have been duly. filed with the City.. . 2. According to Countyvoter registration information, there are no current registered' voters residing in the territory to be annexed under ZCA2004-00003. The City had received signed consents to annexation to the City of Tigard from all. four previous registered voters. 3. Because the City has written consent of all owners of land and there are no currently registered voters in the territory proposed to be annexed under ZCA2004-00003, the City may proceed with, annexation of that territory without a vote in the territory to be annexed, pursuant to ORS 222.125, because it has the consent of all owners and there are no electors. Exhibit B ended motion View Estates 4 Recomm . the Mountain «The ZCA2004-0000 roving of the ordinance: . ordinance apP 1 . used e to Section document entitle end the Plop ag adopts the „ as additional «1 move to am the following lvg and .forther pgS Chapter 222 b adding ort as finding liange with anneXation y . staff reP Comp council, adopts the conc. Sumental Finding motion should be Pele nanCe~ the following findings cote to amend the ordi affirmative Following an roving.,the Mountain declared:. as amended, aPP roposed ordinance, ' tion of the P 441 move for adop. - View Estates anneXation • . . t . Supplement 2 - ZCA 2005-00001, Arlington Heights 3 Exhibit ' SUPPLEMENTAL FINDINGS CONCERNING COMPLIANCE WITH ORS CHAPTER 222 ZCA2005-00001- Arlington Heights 3 The City is proceeding with this annexation without an election in the territory to be annexed under ORS 222.125. That,statute provides: The legislative body of a city need.not call or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hearing otherwise required under ORS 222.120 when all of the owners of land in that territory and not less than 50 percent of the electors, if any,, residing in the territory consent in writing to the annexation of the land in the territory and file a. statement of their consent with the ..legislative body. Upon receiving written consent to' annexation by owners and electors under this section; the legislative body of the city,. by resolution or ordinance, may set the final boundaries of the area to be . annexed by a legal description and proclaim the annexation. The Council finds- 1 . There are five owners of the three properties in the territory proposed for annexation under ZCA2005-00001 have consented in writing to annexation to the City of Tigard and those consents have been duly filed with the City. 2. According to County voter registration information, there are four registered voters residing in the territory to be-annexed under,ZCA2005-00001. The City has received signed consents to annexation to the .City of Tigard from all four registered voters. Therefore, the City has received consents from a majority of the electors in the territory,to be annexed under ZCA2005-00001. 3. Because the City has written consent of all owners of land`and the majority ofthe voters in the. territory*proposed to be annexed under ZCA2005-00001, the City may proceed with annexation of that territory without a vote in the territory to be annexed, pursuant to ORS..222.125. Fxhibit A ZCA 2005-00001 Recommended' Motion "I move to amend the proposed ordinance, approving the Arlington Heights 3 annexation by adding the following language,to Section 1 of.the ordinance: "The Council adopts the, staff report as findings and further adopts the document entitled "Supplemental Finding Concerning Compliance with ORS Chapter 222 as additional findings." Following an affirmative vote to: amend the ordinance, the following motion should be declared: "I move for adoption of 'the proposed ;ordinance, 'as amended, approving the Arlington Heights 3 'annexation." ` . ; .n -Ridge Qp2,Tllso zc. zoo.s Exhibit A SUPPLEMENTAL FINDINGS CONCERNING COMPLIANCE WITH ORS CHAPTER 222 ZCA2005-00002 - Wilson Ridge The City is proceeding with this annexation without an election in the territory to be annexed under ORS 222.125. That statute provides: The legislative body, of a city need not call,or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hear-ing-other-vii-se-r-equire-d-wader-ORS-222-. RO-when-all oft ,of land in that territory and not less than 50 percent of the electors, if . any; residing in the territory consent in writing to the annexation of the land in the territory and file a statement of their consent with the legislative body. Upon receiving written consent to annexation by owners and electors under this section, the legislative body of the; city, by resolution or ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. The.Council finds: 1. There are two owners of the two properties that are in, the territory proposed for annexation under>ZCA2005-00002. Both owners have consented in writing to annexation to the. City of Tigard and those. consents have been duly filed with the City, 2. According to County voter registration information, two registered voters reside in the territory to be annexed under ZCA2005-00002. The City. has-received - signed consents to annexation from both voters and therefore has the consents of a majority of the electors in the territory to be annexed. 3. Because the City has written consent of all 'owners of land and the majority of the electors in the territory proposed to be annexed.under ZCA2005-00002, the City may proceed with annexation of that territory without a vote in the territory to be annexed, pursuant to ORS 222.125. Exhibit B ZCA 2005-00002 Recommended Motion "I move to amend the proposed ordinance approving the Wilson Ridge annexation by'. adding the following language to Section I of the ordinance: "The Council adopts the staff report as findings and further adopts the document entitled "Supplemental Finding . Concerning Compliance with,ORS Chapter 222" as additional'findings." Following an affirmative vote to amend the ordinance, the following motion should be declared: "I move for adoption of the proposed ordinance, as amended, approving the Wilson,. Ridge annexation." Supplement 4 - ` ZCA 2005-00.003, Alberta Rider:/ Summit Ridge Exhibit A SUPPLEMENTAL FINDINGS CONCERNING COMPLIANCE WITH ORS CHAPTER 222 ZCA2005-00003 - Alberta Rider / Summit Ridge . The City is proceeding with this annexation without an election in the territory to be annexed under ORS 222.12.5. That statute provides: The legislative body of,a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hearing otherwi ire-( umderORS 222120-when-all=of'the-ow-ners - of land in that territory and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation of the land in the territory and flea statement of their consent with the . legislative body. Upon receiving written consent to annexation by owners and electors under this section-, the legislative body of the city, by. resolution, or ordinance, may get the final boundaries of the area to be r annexed by a legal description and proclaim the annexation. The Council finds: 1. With the exception of one person who has a life estate in one portion of the area originally proposed for annexation, all of the owners of land in the territory proposed for annexation under ZCA2005-00003 have consented in writing to annexation to the City of Tigard and those consents have been duly filed with the city. 2. According to County voter registration information, there. is one registered voter residing in the territory originally proposed to be annexed under ZCA2005-00003: That elector is the same person who has a, life estate in a property within the area.. originally proposed for annexation. This elector has not signed a petition or consent to annex. Therefore, the portion of the proposed annexation territory where the elector resides and has a life estate, cannot be.included in- the proposed annexation without an election. 3. The City Council determined to exclude the area:where the elector/life estate holder resides. The annexation of the remaining area may proceed :without a vote in the territory to be annexed pursuant to ORS 222.125 because the City has the consent of all owners and there are no electors in the area now proposed for annexation. A tract of land situated in the Section 9, Township 2 South Range 1 West Willamette Meridian described as follows: Commencing at a point northwest corner of the subdivision plat of Arlington Heights; thence N 01° 57' 48" E a distance of 13.03 feet; thence S 88° 04' 30" W a distance of 625.20 feet to The True point of Beginning of the Annexation; thence S 01° 56'56" W a distance of 426.22 feet; thence S 88° 56' 17" E a distance of 212.83 feet; thence S 02° 00' 00" W a distance of 274.61 feet; thence N 88° 49' 24" W a distance of 336.20 feet; thence S 01° 15' 49" W a distance of 475.68 feet: thence S 97° 59' 46' Fa.-distance-of 30330.feet; thence S 01° 15' 46 W a distance of 561:57 feet; thence N 87° 59' 46" W a distance of 363.50 feet; thence N 01° 15' 46" E a distance of 561.57; thence N 87° 59' 46" W a distance of 846 feet to the easterly right=of--'way of SW 133`d Ave; thence N 01° 33' 29" E; along said right-of-Way, a distance: of 50.00 feet; thence S 87° 59' 46" E a distance of 221.31 feet; thence N 01'.21' 36" E a distance of 140.04-feet; thence S 87° 58' 20" E a distance of 220.90 feet; thence N-01915" 49" Fa distance of 1185.00 feet to the southerly right-of way of SW Bull Mountain Road; thence S 59° 18' 32" E, along said right-of-Way, adistance of 433.01: feet; thence N 88° 04' 30" E. along said right-of Way, a distance of 158.32 feet to the point of beginning. Excepting therefrom the North 277 feet.of the East 277 feet of that property described in Document Number 99114503. 2S 1 09AC 2S 1 09AC m T"Y 1 Z q arL hp 9" DY.. 8'. C ' •8 W 1~ - 1 I Z7 D ;z m - 1 '•F , qq I 30'. w 1 _ I X I.: 1 w I tr I, . LYtK • Q ~ J 1 2200 1 s la ` Q .'I la i.e t I al' .6rwin - '11 K sC iM K +,K, I £>I+ 1 _ 5 I ^'10 K I I Y I / I - C' k• l I ~R E K'• fa 11'' s Y~ 72 h, ~ry areeo % I man,. '•8 an Z a., y", r•'b,ain' I c 4 "~a,m~t• 2000 p ' 100 A6K "sR ;.,,,,•p1~,,, uaK 911j . I LL a...+a = WASHINGTON COUNTY OREGON -"`q`,:::,: I A--'•'aj: I v"ia avi~'»awvy..sw w ,~6..° 0 .i SINIANE7/4 SECTION 09T2SRIWW.M. ' a,. ,r'/ :R • SCALE V - 100' I 200 adtY,,.A. I ~Tqj a I^B ;o°K°~ 2400. e(aaab V aaa W '14;" g SW BIRDSV' . g 1600 n .e+'... . a+my { 400 •:-0-'. a,a+u:•.vt ?r' ~e g 300 1 - .>b K. 1900 9 uxK 0;.., J' ai', 88.~•~ tO1K 1.66K ♦yr~ly Q ^j` nee 23-74 2000 ~CR~ 6',• . 6a* 5 '•,~~w~;,,; a - - u+a ..g •~n., FOR ADOR/ONAL NAPS VIS/70UR WEBSRE AT 83 "'ter 800 - 9 / ,•20 ''19;• WWM.CO.M2EIIIOQIpO.01.YE ¢'d" ~,k rq:: ' 6r IDK ^R 5~ • am O BijLtlll • ,•yF ,bq,; ab..'Sbaow u-9----- 4~ ~ ';~C.> ;a AC r w4o •r • 700 z O q. 17 +,~19:'::'Gn.=•. 191' :'D~'< xtao . F 3-7 p ra., p 000 ~ ~d• 1800 I .,ix,!u SW RHETTa'' •,ez: u,K COURT I , nno°0°°' ~ , W _ ' m~ .w,+.~ _ w.a ~ a.a ~-'I rsiww - ~ - ~ , 1400 I,I p 0 e ! ~e00K F aoaa I taw Q S S S $s PSN t~ ~9 uoo;CART,OGRAPHY 1200 ` - to aoK 7i a,K PLOT DATE: November 30, 2004 a'$,•`•.,•'•.. loco -'~.1-':. ~.:-",V j:,',:: ' a,m..,,- q uxK FOR ASSESSMENT PURPOSES ve ONLY- DONpTR a •,es•_'`' ~ e r E - •:'~:i. ; FOR OTHER USE SE 1100 ~4. f•: trxK ..,_i;.;;.,, <,,,:<, ~a..aaE,..,.~~.,,w,oa•.~.~Ed.wa ' I oeE.,r+w ewawa„a avlwamel m,xrerw,.wmoa ~ amaamaMnw+nasas PNaa come Vw.mmplaa mrp • ~'~T' blfa npneesahbmmbn i,z P zg~; $ a ARD TIG 2S 1 09AC 2S 1 09AC e102s1w09 ~ ' { 2S1 -09AD 2S 1 09AD - - g ,~tll ;S.J•. ';,t '.f% ':c'• _ •:i : fem. •_1'.r;An~... .•r Q b 111 "r' er :i:< '7ID'•J. ' R :l • ' Y 'Y% •T - .fit t,. is •.R ''w• -:tip ga A ''f:'• ~ ,•k•.~.~• ,e7oo •,oao ~ nm~ 'u'~ 4i!K•„v r, ,trrr:. :•h;•: _ 'a•'' n - to Lz.~ 3 7eao eaao' xe etao :z• E,_ Z„y: -i.,; 'r:~ :•yr 'r ~ ~ 7L ; se •'yw~v~.){avl^ h'- ,e. Y•'!~ y ~vn"°nPYByrtNriMw:'wHi.~wvnJnti~'- ..n • i • r'9o!t',`•~ ~ ~t4.(,4• ^!,'!!.~ir` ,V?w SW - - 't / :i:• 3500 tYW ~.t , t' Rx00 TRAR •e• r % l{y ~f irt:i: i,: a,r,, 4 it d A.. ,100 500 28 C e ;'';{Y; ::1•,:t~. ;b';t^ •;wtnt ">~'~ii; ,j+n•,'; {a;s!•~• - :'..x~'•. 7600 -.t r..r- .r t.• y u fm i as Tic ll1 •r•' r...• I,; :r \a~•,w,• 7e00 a 9 su°. y i s ' t 9960 944000 9300 24 .1y X~, •:r aY, F Cr i• n ~ti y 3q. .Y^Yay i ,Y ' n s ~S •L' ,cam) R f. 1'. e'•.: •,•''~::.,a 2,00. to ~wo 6700 ,I 400 3440 i ' 7600 m y, 6600 - - - 'Y l r, a as R O x a 700 ^1Lka WASHINGTON COUNTY OREGON t]oo r a'' , • ;4, i• Jr•.. • SEt /4 NE7 /4 SECTION 09 T2S RI W W.M. „G „ Y m0 t7µ _ aoo 7R~cr •-l; er yJtr 7600y y,6.ur r-tv•r, :t':ec: SCALE 7' -100' iw,~- _ ''i•'••t, 24' xi ' 54 ^w` 700 r. r6 d, 4`; a tit moo eeoo ♦ r i' ,.,e r, n00 d 24 t] 3000- ^ q, w x W W ; p~FF7 ' , B 7e j. aeoo .2. SW BIRDSVIE tARRt\tt,N,Ywq. vngpM . \ Z ~r,'• r.' Lt In 7000 W :t .2400 V' ' 4 R In.n x 31 16 I q)(00 - R , 200 r, r .23-74 -7:" / 1, ! 7i ~'4r "w' 2w - U6oo N w.w = .1. /♦r' 23, "A -m 7000 y n 9400 -+it o (0900 f0 r.::^: Y~ teoo 3000'006 go, 100 Y N a D aa'ic ••t'• .r. _ r, .•r i. Y•'r., xeoo ~.oo 30 20 is' ~ away taa~ tw♦~ - i N. aNN SW 6 :7 •i •'K 7`L, +w _ n Y ia♦c.., a.' q orcmtca.o : FOR ADDITIONAL MAPS VISIT OUR WESSIrEAT , MOUNTAIN i D wN~Nd .NN~CR A` 7 rwweo.we6h7nyloaorve \N N,NNaNNnMNiWNN•tttN tNWI`MM♦ Y\\\N n,NyyN,N,MMM,NMNINNNNNi '7: ,T . . " r' ' wnwl,N,n WNN`WltNtt tY 'N~wMxW 1YM ~ ` a,r, i• .',ti ,:Y::Y ~.t-t Y, p . ~eoo:}zLlc r _ is . 'y' a.io' wood Um 5 'nm 4000 .1 7e00 X X. .Y;, `,R:r• I t♦t .'rte 1 ♦'•'(,•:Hf•, •'•;••'`~4~,: AD ' VIEW DRIVE ►,,::y.'.f: _ aY'r SW WINTER • • I 4500 4500 4100 4100 tM tla , f,.,Y ~Y '•I. Y•/Y•_` /'_t•, c ` :•t~'~', • _ b•. - I - y S y f0 17. _ 6600 i 7000 q 7 777777YYYYYY 7aK '5' ■ ~ rr~~ + ~_f 77 2 7t [ ~'i;. •7Rr~t6,:• ate,:, :kr'•:;. ~;~)'i, •:X;r.~ : 6 ( it IS r7 1 ( a~''r' ':i .j, J:aF4•~• `~C14'+. .•a'`.i;:: :•AQ, 1300 ( 6aµ °ii°' 4100 W-'~°„00 'a,r' I!7? i Cerce10W TO0ob fror. 2sf09A0 r.:.K 23-78 1I 1500 P7M,7o~66e,,,o~a,>,a,.,6a.>,et. L77K yy ,R:,;J •'Y FI~ 1 6000 x ~ 7x00 ~ ~1:,,•• f% i , . 'f ,f,, R _ r U Q ~ J~AC 7', • 'y., . rr I 616°° y sbM~hr y q 630 cy „ !Y!,.t:•i •k••'r,'• ( COV AID •'r.'';tir ( 6400 .'R '•4 is . 17 N 6100. • f, '.bn/te rr}; ' I' rJ r IJ 6eoo qq' 'r K: a I eeoo t , . to :i I elm 6'00 y i .Y • :J: i I :o PP i Ono TI ® X ®4' 0 O n `.r 26 X. '>t PLOT DATE: July 09, 2002 200 FOR ASSESSMENT PURPOSES ;v 7:•._:ay;: im' •':i ':i~' ONLY-DO NON RELYON •,ti I I. noo rUd' ':Pt,:,' yv,'! i •~,.i.: 24s , , 7 !r. ':;Ne Rnt],t: FORD USE pu 0000 h('• (r "i r eryuu tre,..tlsy.wro+rw.wetr.oeoeaa.tr .•R' :t tr 6x00 17 •Y Q ••.Y,I t'• e6aun,n brLV6nn mNL•NmemY,6F 1. ar emet '%r'•T •'.i' ':r' ';i' 'i •'r," u - 'r, •'tliy; .w,,al,.NnN',' •H~ ,tNNi»,' e~,fPta.,ytm~.n: n«.t>wdrm wmns..tNo `r•% /.t' :`t'•.i' :t'• 6600 rt bMtmtltlmslbmtla 4 i ♦ Y nw e;r;. 'tt= } r'. i A Y 'i 'l0 6 'I. •L n}. r' h•. EE i ntia' we 791 re TIGARD 2S 1 09AD 2S 1 09AD f 2 1 09DB 2S 1 09DB • :e iyd ^T ,,t, t•yYM' V, ~w •~w:t to I'\' Y 7 \ \ ',•46t' "'r' f,7:, :t'• ;...1s • 'r' Y %>Mh'';r r!+R ` r;. X X, Y, Y _ + •'a J 4 •'S: vt\pw ..i" .\w a. • ~ v', 'r:'' ~ W'in :Nrh+: tv)iN, .'tt~°:. '°.Pf' Y`. 'r, i ' •r' ~ W aeao c- • a.ao^ '•3 G r; r ,,.~.E n n 7000 f .:eao 1 'I 3: ;v!s 5 ,fit; sut° s' ' J )Qo t Wast • ~i nook el 1 ■ / as B?+Ye1'i~ Hi y' ufl :..~GY\'•,::F •c i 7~-" ee ee ~:rr. y'f►• - : - 31W 59 goo as 9 w !.SW HAZELC EST , Z WASHINGTON COUNTY OREGON 1k= W NW114SE114 SECTION09T2S RIWW.M. e00 Q '!lL,~_, 73w31330011 Iaoo moo 3sod) 700 1 7 ~i W!' ~;w•i"}y' k : }'m SCALE r - 100' . ,u.~ i••' -ul:K 70 tl )f .tl )z 7 ~a k k a•r)b.:~ ,•sy 'y ( G a ifoo.ac. r':t9 ~ 1'r, kq~''$ •.4 ,000. 71 • y, % 'r' Y. Y. W t 7f'.~,de :rt LiIK • _ U00 ~ 'D x, 7, t LmI ,Y .jai: ~ g W Q T S s SUMMI - w.. 400 tfloo 1200 ,art: M 'r,'''r, ::•ci lOR AODRIrwreo.tra AMOLOao .uf EBSLTEAT ,b,,'• co 23-78 iSR % ;r•; ::x %':(a :;f ti :::i: t -Y _cr rUr~~ - - e 1 1 •.1~' itfJ.f.. S'e'i' "~A: `J 300 cr 't , • % \ Y \t: !`;_Y+'Y-:t_::' Ulm viv t: 'Y,'•`'f'`: ::,r,`•:t•' ( ^'^1 ±Y Oa PK 'X "00 1700 Si YS •,+-YUL./,,:, fY.1C 1300 ►pK 1800 .'•f;!-b:4''•y;' r; • 300 `J 1 ; '`.f,,,' t t - , i ~''.:f •:~1•~~:: ,i C, ,513, :.7r '.~a.'.,r. YIK - - . i~''• : . , ' 7h', ~ :~j:•:r:•:,:tip: r:t .fi:: i::r:: 'r. f•• x • . j a. i,w,r ' • • CarededTodob For. 2SSI09DB bLy 00 gooo. t'araiea ' •;i „ N 100 tit. , ]V•• ; _ 'r. r. •.i - . to _ 'r'•:n'-': f',: : - - uric 1e00 ti~ip(JV'• 'fi~;]C r, ueK~ - _a9n___ ,-]~i.o.: ' •:r t r ! Y a~:C'b „ Af S ®S S'P87® 0'1 4 ' •~'4.:: 'J ':,I,>..w' di - ,.ti % :t• 'R ~'y ..;M~ fJ, .ti.r t. =i . _ • ~ P i, ~ PLOT DATE: January 13, 2005 8' FOR ASSESSMENT PURPOSES :~']:'i 'i =!+i': ONL TRELY ON :,fey, : +ay✓' ;r% y:_a-• Y- FORDO NO ~0=. •r,"%, ; :i i.•Y:,\•; .w;t :•,(•I.L'- :l" % t i •e,~L, ••n •:t X. O THER USE . A .f. , ,t •'r''1t '.:C 't,. • ••,i ' ]t':t Y"7i f:' ,yrmm : i:i ;y • ri .kea] o°.aawme .f, fa `,r '.r, :i' _ q, e _ 4j:i •.'%j, wvr.., saiw.sh uw.e.sw>. ,i r, 'r,';t' Y,"u' r' Y,'• :,fir ~':t; slrn.. ewmv..~v+Y.+.m.rrwtaet.:.tr~:mme yy 1~1: I '~t• •St:' 1. :'i': -':1','i' ar~tt Avndica RUa mnMm.RP~ty~.P • • ,f~:`t' .T: •'r,' is ;ti ; LI ;t ~':iliq 1 a'~b r r'r,• ir, : •16 „1 • ,~'r,' 'i ~ Y,"• ,:c w.mea,u.tnmm.am. ,fit, ••t,: ~ f:. w A, f~ 1. ~t } J:f U x. :y Y aOZ 1 % •3x3••' r'f'• ':r'-.\. ,Y. .7 :;v , . 2 1 09DB 2S 1 09DB dlgftlWM 2S 1 09DA 2S 1 09DA r. z00 • S '1Nf ! •3 a•Y 1900 1f K" •t r ''Y e " { • O• , LLft° {a :.1. .,L, •~y :g,j9~. a '~p~;; cc; ca 00 '6500 W 8100 CQ •'f,-a'ye'. 2f'• 300 li?]!R. - ' `•C`• ''a 79 e7:• r•~w•N•_ : a 96 ax > 11 law a° I ~ : ~.,tili:; %Yi ' .;.a: .:<',i: woo ~ `•r~ j:,lp['~ `Cj °a ::rr~~'• ''/-,i~~ A - _ ~°"~l••','' f; :f ^P~;t 67. M ea~oo P °b y 'f 1 tea0 6i0 i00 P P 7~ 1 61 39 - : , , 'kt!M'' c fi4C' ::iilll::'if` ~:1~,"~' ,:li4f;~° - ~eP, •~fd-- r tem l' • s exoo ( 1400 eo (J . w 'Iw P i ;i't p : 1a: - '%.8 ,'•"q.::; e , .'•`@6y ~..c 76W B 63-~ y ' N P 39 y Bfw -...r p \ I.'%.f ,i • 1...7rst a 0100 +9 41 Soo -HAZELC EST 0' 1 e s wo . Z em e 1 s .~i 3 R SUMMER a S~ y b a y• y sm aw P f s ••t : D. p 6tP'"qq exw M7+0o y "40.0 W S ti~ TV WASHINGTON COUNTY OREGON ,•,1'Ji, .',y'.]}' 'y ley eft s 10 y a] MNy '•;i ',y)'.i'•~ NE7/4SE1/4SECTION09T2Sfl1W W.M. 12x000 = np0 1000 too ,an SEW S7 : Y, • SCALE 1' m 100' I ' J,1::' i]00 low 47 +5 600 P 9900. T-13 ae +a ' ~.A 73 00 Too 48 t, Wl- .•{r ,.I Y 4000 / ..w.✓ P SW SUMMIT 5 RIDGE 5 STREET 7RARr' w j 5• • N/'f: - esoo eaoo n00 8 eeoo, 1,0 y W 32 _ t ':,,X ]9 1 w of 1 u t •`•F J} .P {eql 31 8, -LI 6300 30 6 -,l.V~'':` J.~, 3 7700 9y - ti +L~9 •I-~':` FOAADDTOREAL MAPS nSR OUR WEteSlfEAT i nrwww.AasflenplOlLOJ.us •r• $200 P i 2 i 2300 6100 3-78 _ . , .i:: sa.+c x700 9 y xe r 2100 .4 Umm 6000 ;t - .I:- •~:Bews: '~.Ilfl:`• ,~'SJ~;Y "~:~W„'. •::~`Y;u1a~I ::i - 7 37 LIAb,' - - 1900 . • ''Y :•f e, 3100 ,r I~• .yam,, 4860 CA ~+1-==. •'Y,• 7200 P J LLJ ,•'~.I .ryr ' a~~• 3100 2 - •yL•'-•'!'ly, For. 2S1090A M.100, - 7600 y .'LVY A~,."••; - 4500 22 P.-,'^- sAaY-+•>-.' 13 ~j' NoO 21 00 2200 06W lAN ~k 'i ':~i•'X +Aa le .3600 !DYlT +yplpr".~ -i •i ,1 t * Ass®ssmen4 a 60 ` P { uoo 8 =o •~.,'.:k _ sw Pwe ernePr a "_•':--~c YY; tr;= `r:-, -''Y:,'4_" c~.'~nsam"f``_. Y ® X' o .4' I ® n (.\MYtM:I VIEW eP00 , *ia + ' ,~r , PLOT DATE: January 20, 2005 ~,i t ✓ ye~ -i ~•iw :~'1•,'••%i ' •,f ..i FOR ASSESSMENT PURPOSES atw ONLYO-DOTHTER/~ USELEYON ° y fa R ''f R ° , ¢ ::_~".y Ay, sP3rnf mxtR R. °robPbl°,.G 1x•• e~ c ?fy ''1,' '.~T. •J: 1 a' y,•::; WNe°4"m°lbbmCm. 'i g 'Y tl i , J. .d¢ . . •-~t.~ . 2S ~1.09DA 2S 1 dW2s1'~ Exhibit B ZCA 2005-00003 Recommended Motion "I move to amend the proposed ordinance approving the Alberta Rider/Summit Ridge' annexation by adding, the following language to Section 1 of the ordinance: "The Council adopts the staff report as findings and further adopts the document entitled "Supplemental Finding Concerning Compliance with ORS Chapter 222" as additional` findings." "I also move to amend the proposed ordinance by.replacing the description and maps.of . the annexation area in the Ordinance's Exhibit A and B with the revised legal description and maps that are attached to the supplemental findings." Following an affirmative vote to amend the ordinance, the following motion should be declared: "I move for adoption of the proposed ordinance, as amended, approving the Alberta Rider/Summit Ridge Annexation". saw Wilson ge .31 ghts pXV1,n9tO view Estates, Mountain mkt Ridge NbettlaA NNEXAT DNS ubVIc Hearing August 9.2005 Des cription General fists of four requests: -cons ~ Annexation untain View Estates (ZCA2004.00004) ZCA2005-00001) . , . ( Arlington He1hgts 3 (ZCA20-.05-.00002) Wilson Ridge Rider School and Summit oid 00003) Alberta- _ {ZCA20 Overview Map,. ZCA2004-00004 ~ Mt.View Estates j ZCA2005700001 Arlington Hts. 3 / ZCA2005-00002- Wilson Ridge ZCA2005-OOQ03. Alberta Rider & ~ Summit Ridge lcs~ C~E~I E CHA~ SIT een S N e~ties lie bet The. prop Beef gena R°ad` 1.0cat7i00, Road and SW Bud .7.3.4 Pcres' Size* S71te- 6.94 A~reS t View Estates = gyres » M ~Ieights 3 -16..97 A. » Arlington A~reS wi1son Ridge - 2'69 Ridge .20.15 AcreS,. znit A1beTta R~derlSum in M n View E ou a s state' / APplicatio'n byton ent. 1 Subdivision. approved' A . I 73 6C .1 Required as con-dition of ; approval.- n~ l r Ii n o-.ghts .,A RF ` i ` tl i M1 i s Application by: consent ..,0: STRE is pendmg. review. An vexation wi l I be~ 23=78 IN. . a.: req u red as--condition of. -a p p rova ✓ Wils0n_,-_ Ridge. M App I ica- tion by consent. V 1 Subdivision application.: is a rovalpendin 9 pp ti 1 A hnexation is req u red as condition of ~.k. a p p rovaP •s.. 4 it Su _ m _ a o i '4-h._n y? ation : ► Popp d r . _ . ~ :_K~ _ - ent an v f. - Abe Sch001 y 3 enta sn#s E\ern n un : -Al e not p p M JJ ~w yx h n can ~ on as exa e th =;t an" Per M . reed poccu - of the core use cond►tlona pe.. Alberta Rider/Summit Ridge 1 Portions of Summit Ridge already annexed through double majority ~ method last year (ZCA'2094-_00001)..- ` ~ - .0 In the interim, Summit Ridge Phase 1 and 2 plats were recorded. 1 Portions of some lots are both in and out of the city limits. - - ~ ~ Staff Recomrr►endation mends that the Council ~ Staff r~~° proposed ordinances and adop t ons separately for legal descrip each of the-folloW~ng~ » ZCA 2404-00004 ICA 00001 » 2005- » ZCA. 2045-00002 00 ZCA,-205-003