Ordinance No. 09-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 09- 0�f
AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT (CPA2008-00013)AND
ZONE AMENDMENT (ZON2008-00007), CHANGING THE COMPREHENSIVE PLAN
DESIGNATION FROM PUBLIC INSTITUTION TO LIGHT INDUSTRIAL AND THE MEDIUM
DENSITY RESIDENTIAL (R-12) ZONE TO INDUSTRIAL PARK (I-P); AND APPROVING A LOT
LINE ADJUSTMENT (MIS2008-00016) OF THE SUBJECT 3,153 SQUARE FOOT AREA PROPOSED
FOR TRANSFER FROM TIGARD-TUALATIN SCHOOL DISTRICT 23J TO THE JACKSON
BUSINESS CENTER;AND A MINOR MODIFICATION (MMD2008-00026) OF THE SUBJECT AREA
TO BE DEVELOPED WITH 10 PARKING SPACES AND ASSOCIATED LANDSCAPING AND
SCREENING, SUBJECT TO CONDITIONS OF APPROVAL. THE SUBJECT LOTS INCLUDE
WASHINGTON COUNTY TAX ASSESSOR'S MAP 2S113BA,TAX LOTS 00200 AND 00401.
WHEREAS, Pursuant to the Oregon Circuit Court Immediate Possession Order (Case No. C074583CV), the
Tigard-Tualatin School District 23J obtained an access casement across Tax Lot 200 for a new access drive to
Durham Elementary school;and a settlement agreement between the School District and Mr. Metzger included
the proposed request in this application;and
WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires
quasi-judicial zoning map 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.2 of the City of Tigard Community Development Code requires the
Commission to .make a recommendation to the Council on an application for a Comprehensive Plan Map
Amendment;and
WHEREAS, Section 7.8.380.030.8.1 of the City of Tigard Community Development Code requires
demonstration of compliance with all applicable Comprehensive Plan Policies and map designations;and
WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires
demonstration of compliance with all applicable standards of any provision of this code or other applicable
implementing ordinances;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 the Comprehensive Plan or
Zoning Map as it relates to the property which is the subject of the development application;and
WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the
Commission, and a decision by the Council, shall be based on consideration of Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statues;any federal or state statutes or regulations found applicable;
and any applicable Metro regulations;and
WHEREAS, the Tigard Planning Commission held a public hearing on March 16, 2009, and recommended
approval of CPA2008-00013/ZON2008-00007 and Lot Line Adjustment (MIS2008-00016) and Minor
Modification (MMD2008-00026)by motion with a unanimous vote in favor;and
ORDINANCE No. 09-Q
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WHEREAS, the Tigard City Council held a public hearing on April 14, 2009, to consider the request for a
quasi-judicial Comprehensive Plan and Zone Map Amendment, Lot Line Adjustment,and Minor Modification
and determined that the amendments and development proposals will not adversely affect the health,safety and
welEte of the City and meet all applicable review criteria.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Comprehensive Plan Amendment (CPA2008-00013) and Zone Change (ZON2008-00007)
are hereby approved by the City Council.
SECTION 2: Lot Line Adjustment (MIS2008-00016) and Minor Modification (MMD2008-00026) are
hereby approved by the City Council, subject to the conditions of approval in the February
27,2009 Staff Report to the Planning Commission.
SECTION 3: The attached findings in the February 27, 2009 Staff Report to the Planning Commission
are hereby adopted in explanation of the Council's decision.
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 vote of all Council pembers present after being read by number
and title only,this !.ZL"day of ,2009.
J
Carol A. Lager,Deputy CityecR �er��
APPROVED: By Tigard City Council this ` ` day of ,2009.
z -'Z'�c
Craig itksen,Mayor
Approved as to form-.
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1 ttorney
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Date
ORDINANCE No. 09-0 t
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