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Resolution No. 03-61 CITY OF TIGARD, OREGON RESOLUTION NO. 03-CO A RESOLUTION TO AMEND RESOLUTION 03-58, APPROVING THE ASH CREEK ESTATES PLANNED DEVELOPMENT, TO CORRECT THE REFERENCED DATE OF THE APPLICANT'S LETTER ESTABLISHING THE CONDITIONS OF APPROVAL. WHEREAS, the Planning Commission reviewed the Ash Creek Estates Planned Development proposal at a public hearing at its meeting of July 7, 2003; and WHEREAS, the Planning Commission made motions to both deny and approve the application, both of which failed in a 4-4 tie vote; and WHEREAS, the by-laws of the Planning Commission and Robert's Rules of Order specify that if an affirmative vote in favor of an application is not attained, the application is denied. Since the denial occurred de facto,no findings were adopted, and the denial is without prejudice; and WHEREAS; the City Council held a public hearing on the appeal of the denial on August 12, 2003 which was continued to September 9,2003 to take additional testimony; and WHEREAS, the City Council reviewed the testimony, submittals, and staff report on August 12, 2003 and September 9, 2003, and reviewed findings and conditions of approval that were prepared by the applicant, Winwood Constriction, on October 28,2003; and WHEREAS, the City Council concluded that the proposed development with the conditions of approval as prepared by the applicant, would be in compliance with all applicable decision cziteria; and WHEREAS, the City Council adopted a resolution approving the Ash Creek Estates Subdivision that included a reference to Exhibit A,the applicant's letter dated September 26, 2003, where the correct date of that letter and Exhibit as included with the previous resolution was in fact October 10, 2003, and Council wishes that the record reflect the accurate date; NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council approves applications SUB2003-00010/PDR2003- 00004/ZON2003-00003/SLR2003-00005/VAR2003-00036/VAR2003-00037 — Ash Creek Estates Subdivision, subject to the conditions of approval stated in the letter dated October 10 2003, from Steve Kay of Kurahashi Associates to the City of Tigard, attached with Resolution 03-58 and incorporated herein by this reference. RESOLUTION NO. 03 - f Page I SECTION 2: The Tigard City Cowicil adopts the findings stated in the Staff Report to the Planning Commission, attached with Resolution 03-58 (as Exhibit B) and incorporated herein by this reference. The Council further adopts the findings stated in the applicant's October 10th, 2003 letter, attached with Resolution 03-58 (as Exhibit A) and incorporated-herein by this reference. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of A,10V2 m h e1 2003. ayo - Ci Tigard EST: City Recorder- City of Tigard RESOLUTION NO. 03 - Page 2