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Ordinance No. 83-40 CITY OF TIGARD ORDINANCE NO. 83-_J&l AN ORDINANCE ADOPTING FINDINGS, AMENDING THE COMPREHENSIVE PLAN MAP (CPA 10-83 Krueger) AND DECLARING AN EMERGENCY r WHEREAS, the Krueger annexation was approved by the Portland Metropolitan Boundary Commission on June 23, 1983; and WHEREAS, prior to annexation, the Krueger area was not within the city's Urban Planning Area; and WHEREAS, the Tigard City Council agreed to utilize the county's land use designations for the annexation area; and WHEREAS, the public hearing was held before the Planning Commission on June 21, 1983; and WHEREAS, the Planning Commission has made certain recommendations to the City Council; and WHEREAS, after considering the comments of the Planning Commission and individual citizens, the Council believes that the Comprehensive Plan Map should be amended in the form set forth in Exhibit "A" attached hereto and, by this reference, made a part hereof: NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council adopts findings in this case as follows: I. The proposed plan designations are comparable to the County's plan designations which had been assigned to the property. 2. The proposal conforms to existing Comprehensive Plan policies and zoning code requirements. Section 2: The City Council, therefore, amends the Comprehensive Plan Map as follows Tax Map 1S1 33C tax lots 100, 101, 102, 103, 104, 105, 106, 107, 108, 300, 301, 600, 700, 900, 1000, 1300, 1301, 1302 and Tax Map 2G1 4B if portions of tax lots '100 and 101 to be designated medium high density. Tax Map 2SI 4B a portion of tax lot 101 to be designated medium and Tax Map 2S1 4B a portion of tax lot 100 to be designated neighborhood commercial. - C ORDINANCE N0. 83- in the form set forth in the Exhibit "A" attached hereto and, by this reference, make a part hereof. Section 3: In order to provide a uniform date for the effectiveness of the Comprehensive Plan to be adopted by the City Council in 1983, an emergency is declared and this Comprehensive Plan Amendment shall become effective upon. adoption of the Community Development Code and final ratification of the 'a Comprehensive Plan. PASSED: By kjj , 4 vote of all Council members present, after being read by number and title only this _,&,q day of , 1983. Recorder - City'of Tigar "i APPROVED: By the Mayor, this ,�.� day of _ u 6 2' , 1983. K' Mayor - City of Tigard s �e APPROVED AS TO FORM City Attorney �- xi AW P ORDINANCE No."83- EN/dmj (0076P) ;TIGN:3 i IS RIN VIM. IS 1 serf •'Ica f Proposal NoA909 so Joe, by is /Y A N C N L 'm Y Y E! ft` T R A C e / i« It ,. rwr ra ' - — —— — — — — — — — } i AREA TO BE i --- ANNEXED TIGLaIj / . ,. 51-78 W V4 SECTION e: �. T 2S R1 N'.1. 41"Pdff&doWAMAM PROPOSAL NO. 1909 CITY OF TIGARD IL%ARMUTION FIGURE 2 a (f) Motion by Councilor Brian, seconded by Councilor Cook to remand to Planning Commission and provide for notice and discussion to the NPO. Motion approved by unanimous vote of Council present. 13. COMPREHENSIVE PLAN AMENDMENT 9-83 GALLO'S VINEYARD/HERB MORISSETTE NPO #7 (a) Director of Planning and Development reported the NPO had not been notified. (b) Nancy Robbins, NPO #7 Chairman, 12815 SW Summer Street stated the NPO had not had a chance to discuss the matter and were not notified of the Planning Commission hearing. (r_) Carol Hardie, 11800 SW 113th Place, Tigard testified she had not received notice of the matter. (d) Hans Vatheuei, representing the applicant, reported he felt the NPO should be notified and would work with them. (e) Motion by Councilor Cook, seconded by Councilor Scott to remand to the Planning Commission for next meeting and the NPO will hear in the interim. Motion approved by unanimous vote of Council present. ^ 14. COMPREHENSIVE PLAN AMENDMENT 10-83 KRUEGER/135TH & SCHOLLS FERRY ROAD (a) Staff gave summary on this property and recommended adoption of the CP designation as it is the closest to the Washington County designation before the property was annexed. (b) Public Testimony. None (c) Staff recommended approval of the Planning Commission recommendation, noting page 6 of the staff reported pointed out the two remaining issues to be resolved regarding the neighborhood commercial =-sea. (d) Motion by Councilor Brian, seconded by Councilor Scott that an ordinance be prepared approving the zone as adopted by the Planning Commission deleting all reference to Murray Road Extension in the report be changed to ";l:i� Street connecting Scholls Ferry Road and SW 135th". Motion approved by unanimous vote of Council present. (e) Russell Krueger, applicant, reported to Council he wanted to compliment staff for encouraging and helping in the process over the past few years. MEETING RECESSED 8:47 PM AND RECONVENED AT 9:20 PM. �a PRESIDENT OF COUNCIL TURNED MEETING OVER TO MAYOR BISHOP. PAGE 5 - COUNCIL MINUTES AUGUST 8, 1983 f • Commissioner Moen commented that the applicant had two things in his favor, one, the subdivision borders church property that will probably not develop in the near future. Two, most of the lots are larger than 5,000 sq. ft. in this planned development. • Commissioner Moen moved and President Tepedino seconded to approve Subdivision S 6-83, based on staff's findings and recommendations. Motion carried by majority of the Commissioners present, Commissioners Owens and Vanderwood voting no. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 10-83 and ZONE CHANGE ZC 2-83 Krueger/135th 3 Scholls Ferry Rd. NPO r # 7 f The City of Tigard is requesting a Comprehensive Plan Amendment from Washington County designation 0-24 units per acre to City of Tigard designation Medium-High Density residential (13-20 units per acre) on approximately 90 acres, the requested underlying zoning district is A-20 (Multiple Family Residential); from Washington County designation 0-9 units per acre to City of Tigard designation Medium Density residential (6-12 units per acre) on approximately 38 acres, the requested underlying zoning district is A-12 (Multiple Family Residential); and from Washington County designation Neighborhood Commercial to City of Tigard designation Commercial-Neighborhood or, approximately 4 acres, the requested underlying zoning district is ^-N (Neighborhood Commercial). • Associate Planner Coursolle made staff's recommendation for approval . for the Comprehensive Plan Amendment and the Zone Change. He requested that the Planning Commission include tax lots 700, 800, 1300, 1301 and 1302 in the Comprehensive Plan Amendment as Medium High density. • Eugene Fulop was concerned that he would get medium/high density. He was satisfied with staff recommendation. • Marlin Hoffer was concerned if he was outside the Boundary. He asked who decided what properties would be included in the annexation. Discussion followed regarding annexation. • Russell Krueger stated he had only included those properties where the property owner had signed the petition for annexation. Also there is an LID for 135th which has been in the works for 1 1/2 years. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION s Discussion followed regarding the Urban Growth Boundary and areas of interest. ' • Commissioner Moen moved and Commissioner Owens seconded to recommend approval to City Council of Comprehensive Plan Amendment CPA .10-83 including the six tax lots that were not annexed, and approve Zone Change ZC 2-83 with a note that the C-N zone may be moved if necessary because of the road configuration :.. _Bey,....r�rw-s.+........eer.r e.se.-�.r, �.r.Fs:.+s-_��oc-�.�a��zrcri i -i':s. .,,:�.rrs-eou®eauu�'�+,__�.�✓__�l��:y.:'G''�'".—..:.;.: