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Ordinance No. 09-02 ATTACHMENT 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08— AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA 2008-00012, AND ZONING MAP AMENDMENT WITH CONDITIONS, ZON 2008-00006, TO CHANGE THE COMPREHENSIVE PLAN DESIGNATIONS ANIS ZONING MAP CLASSIFICATIONS FOR THREE LOTS TOTALING 0.98 ACRES FROM LOW DENSITY RESIDENTIAL (R-4;5) TO MIXED USE RESIDENTIAL 1 -1). THE ZONING MAP AMENDMENT IS SUBJECT TO A CONDITION OF APPROVAL LIMITING THE TRIP GENERATION RATE TO 300 TRIPS PER DAV, WITH A MAXIMUM OF 23 A.M.PEAK HOUR TRIPS AND 27 P.M.PEAK HOUR TRIPS. WHERE AS,Section 18.380,030 of the City of Tigard Community Development Code requires quasi-judicial zoning snap amendments to be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection 18.380.030.B;and WHEREAS,Section: 18.380.030.A of die City of Tigard Conununity Development Cade requires the Commission to make a recommendation to the Council on a Zoning Map Amendment application which also involves a concurrent application for a Comprehensive Plan Map Amendment;and WHEREAS,Section 18.380.030.A of the City of Tigard Community Development Cade requires the Council shall decide the applications on the record as provided by Section 18.390; and WHEREAS,Section 18.380.030. B.1 of the City of Tigard Community ty Development Code,requires demonstration of compliance with allapplicable Comprehensive Plan policies and map designations; and WHEREAS, Section 18.3 0.030 P.2 of the Tigard Development Community Development Code requites demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and. WHEREAS,Section 18.380.030.8.3 of the City of Tigard Community Development Code requires evidence of change in the neighborhood or community, or a mistake or inconsistency in tic Comprehensive Plan or Zoning Map as it relates to the property which is the subject of the development application;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 tlic City's implementing ordinances; and WHERE,AS the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1,2, 10, and 15; of the updated Comprehensive Plan, and Policy 8 of the previous Comprehensive Plan; Metro Functional Plan, Title 1;and Statewide Planning Goals"1, 2, 10 and 12; and WHEREAS, the Tigard Planning Commission held a public hearing on February 2, 2009 and recommended approval of CPA2008-00012, and approval with conditions of ZON2008-00006 by motion with a unanimous vote in favor;and C -: ORDINANCE No.`08- Page 1 WHEREAS, the Tigird City Council held a public he ng on February 24,2(x09, to consider die request for a quasi-judicial Comprehensive Plan Amendment and Zoning Map Amendment and determined that the amendments will not adversely affect the health, safety and welfare of the City and meets all applicable review CAfteria. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment, CPA2008-00012, is hereby approved by the City Council. SECTION 2: Zoning Map Amendment, ZON2008-00006, is hereby approved with conditions by the City CounciL SECTION 2: The attached findings are hereby adopted in explanation of the Councils decision. I SECTION 3: The Comprehensive Plan map and Zoning Map shall be amended to represent the approved changes. SECTION 4: This ordinance shall, be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By 0 LO-O)M011e.5 vote of all Council members present after being read by number and tide only, this2t-C-ly of J, ,2009. Catherne MBatley,City Recorder i 1/1 1 APPROVED: By Tigard City Council this of4 09. X�e 7//— CraigLQisen,Mayor Approved as to form: V, City Attorney Date 0 ORDINANCE No. 0& Page 2