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Resolution No. 86-71 1 _ CITY OF TIGARD, OREGON RESOLUTION NO. 86--2L IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF AN APPEAL OF A HEARINGS OFFICER'S APPROVAL OF A REQUEST FOR APPROVAL OF A CONDITIONAL USE (CU 1--86), SENSITIVE LANDS PERMIT" (SL 5-86), AND A LOT LINE ADJUSTMENT (M 1-86), PACIFIC FRONTIER WOOD MARKETS, ADOPTING FINDINGS AND CONCLUSIONS OF LAW. WHEREAS, this matter came before the City Council at its meeting of June 23, 1986, upcn an appeal of Neighborhood Planning Organization (NPO) # 1 for review of the Hearings Officer's approval of the application request; and WHEREAS, the City Council had before it the Hearings Officer's approval., the applicant's submittal, a letter from the applicant regarding the proposed lot line adjustment with the City, the Planning staff report, and the NPO # 1 appeal letter. WHEREAS, the applicable criteria in this decision are the following: Policies 2.1.1, 3.2.1, 3.2.2, 3.2.3, 3.4.2, 3.5.4, and 7.2.1 of the Tigard Comprehensive Plan and chapters 18.66, 18.84, 18.100, 18.106, 18.130, and 18.132 of the Community Development Code. WHEREAS, based upon the record in this case, the City Council makes the following findings of- fact: NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The subject property is located at 8850, 8860, 8870, 8890, and 8930 SW Burnham Street (WCTM 2S1 2AD, lots 2200 & 3000; WCTM 2S1 20B, lot 2000). Section 2: The property is zoned CBD (Central Business District). Section 3: The applicant applied for approval of an expansion o� an existing mini-warehouse that will be partially within the 10U year flood plain and to adjust a 3.15 acre parcel owned by the City of Tigard and a 5.51 "cre parcel owned by the applicant into two parcels of 2.99 ana 5.67 acres each. The City Council also makes the following conclusions of law: (1) The City Council concludes that the applicant's proposal conforms to the applicable criteria contained in the Tigard Municipal rode. (2) Condition # 13 of the Hearings Officer's decision shall be defeated. RESOLUTION NO. 86--7/ (CU 1-86/SL 5-86/M 1-86) Page 1 " F (3) No Sanitary sewer or water service connections shall be extended to the new building ad,litions. (Q) The reference in the Hearings Officer's decision to "commercial industrial zones" shall be replaced by "Central Business District zone". (5) The uses permitted in the new building additions shall be limited to those permitted in the CBD (Central Business District) zone. (6) All other conditions of the Hearings Officer's decision dated May 16, 1986, shall reamin in affect. The City Council, therefore, order that the above referenced determination be approved. The Council further orders that the City Recorder send a copy of the final order as a notice of final decision in this matter. PASSED: This //yam' day of dr City of Tigard i ATTEST: ,\ZD ( \ eputy City Recorder - City of Tigard dj3A RESOLUTSOW NO. 86-�K (CJ 1-86/SL 5-86/M 1-86) Page 2