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Ordinance No. 09-01 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL, ORDINANCE NO. 09- AN ORDINANCE_AMENDING THE TIGARD COMMUNITY DEVELOPMENT CGDE CHAPTER 18.530, SPECIFICALLY TABLE 18.530.1 — USE TABLE: INDUSTRIAL ZONES, TO ADD FOOTNOTES 12 AND 13 TO ALLOW THE SALES/RENTAL OF BOATS AS A RESTRICTED USE IN THE INDUSTRIAL PARD (I-P) ZONE, PROVIDED SUCH OPERATION TADS PLACE WHOLLY WITHIN AN ENCLOSED BUILDING AND DOES NOT EXCEED 10,000 SQUARE FEET/LOT.(DCA2008-00004) WHEREAS, the applicant Northwest Sld and Wale Sports, LLC, has requested to amend Chapter (18.510 — Industrial. Zoning Districts) of the Tigard Development Code to amend the teat of Table 18.530.1 to allow "motor vehicle sales/ren:taT in the I-P zone as a restricted (R) use, provided (a) such operation takes place wholly with an enclosed building and (b) does not exceed .0% of the floor area of the given development complex.; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first evidentiary public Bearing; and WHEREAS, the Tigard Planning Commission held a public hearing on January 5, 2009, and recommended approval of the proposed amendment, as amended to further restrict the use to boats only and the size to 10,000 square .feet per lot, with a 8-0 vete.; WHEREAS, notice of the public hearings was published in the Tigard. Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard. City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of t1le City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.1.30, 18.380, 18.390 and 18.530; Comprehensive Plan Goals 1.1 and 9.1; Metro Urban Growth Management Functional Plan Sections 3.07.110 and 3.07.410; and Statewide Planning Goals 1 2 and ; and WHEREAS, the Tigard City Council held a public hearing on February 10, 2009, to consider the proposed amendment; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No.09- ( � Page 1 NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendr-rents attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the December 18, 2008 Staff Report to the Planning Commission and the Minutes of the January 5, 2009 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. *t? -4 PASSED: By 949"�� vote of all Council members present after being read by number and title only, this day of I A OA-14 2009. e 04- Catherine Wheatley, City Recorder oLA --4 APPROVED: By Tigard City Council Ns day of b—)Luo A,. ,2009. 114 4�,74Z Ckg-iArk-sen,Mayor Approved as to fotm: h-K Attorney 0 Date ORDINANCE No.09- 01 Page 2 EX IBIT A IAC 008-00004 MOTOR VEHICLE RELATED USE, CODE AMENDMENT Explanation of Formatting This text amendment employs the folio info att'sng: [B old] —Text to be added. Text to be removed TABLE 18.530.1 USE TABLE: INUSTR:ItAL ZONES USE CATIolr I-P 1-r_ I-1-1 Motor Vehicle Related -Motor Vehicle Sales/Rental N R4,V-13 P p €Permitted if all activities,except employee and customer parking,are wholly contained within a building(s). i2These limited uses,separately or in combination,may not exceed 10,000 square feet/Lot. This use limited to boat sales/rental,only. E