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Resolution No. 86-55 CITY OF TIGARD, OREGON Resolutiw: No. 86- � IN THE MATTER OF THE ADOPTION OF ,, FINAL ORDER UPON CITY COUNCIL REVIEW OF A REQUEST FOR ADMINISTRATIVE REVIEW, AS PETITIONED BY TEKTRONIX, INC. WHEREAS, this matter came before the City Council at its meeting of April 12, 1986, upon the filing_ of a letter by Charles H. Olson, repre serti_ng Tektronix, Inc., requesting review of a determination by the Director of Community Development. WHEREAS, the City Council had before it documentation submitted by Tektronix and information prepared by the City staff. WHEREAS, the applicable criteria in this decision are the following: TMC Chapter 18.132 TMC Section 18.106.050 WHEREAS, based on the record in this case, the City Council makes the following findings of fact: NOW, THEREFORE, be it resolved by the City Council that: Section 1: The subject site is located at the corner of Burnham and Ash Avenue, at 12755 S.W. Ash Avenue within the corporate limits of Tigard, Oregon. ` Section 2: The subject site contains a large commercial/industrial building housing Tektronix, Inc., and until May 1, 1986, Tigard City offices. Section 3: A portion of the subject site is within the Greenway/Floodplain on the Floodplain and Wetlands Map which is applicable to this case. Section 4: A portion of the site was utilized for a gravel parking lot, beginning in 1982. Section 5: Section 18.106.050 of the Tigard Municipal Code, adc pte d in 1983, requires that all off-street parking spaces be improved with asphalt or concrete sur aces, according to the same standards required for the construction and acceptance of City streets. Section 6: In December, 1985, Tektronix graded and graveled the area previously used for a gravel parking area, as well as additional land. The City Council also makes the following conclusions of law: (1) The City Council concludes that a gravel parking area of 7,000 square feet was constructed in 1982, prior to the passage of the Tigard f Community Development Code. RESOLUTION NO. Page 1 (2) The City Council concludes that the grading and graveling of the site completed in December, 1985 exceeded the area which had obtained .. non-conforming status as allowed by Chapter 18.132 of the Tigard Community Development Code. (3) The City Council concludes that a portion of the area graveled in December, 1985 encroaches into the floodplain. (4) The City Council concludes that Tektronix, and the owner of the property, Gerald W. Crow, has obtained non-conforming status for a 7,000 square fooc portion of the property at 12755 S.W. Ash Avenue for use as a gravel parking area. (5) The City Council concludes that all grading and graveling of the parking area outside of a 7,000 square foot area must be removed and the area restored to its original condition. (6) The City Council concludes that the 7,000 square foot graveled area will be situated in a location at the southwest end of the existing paved lot adjacent to the right-of-way for Ash Avenue, with the actual boundaries of the graveled area to be determined by Tektronix with the input of the C:i'Ly Engineer. (7) The City council concludes that no portion of the graveled parking area may be maintained within ::he floodplain. (8) The City Council concludes that all additional gravel beyond the limits of the 7,000 square foot area must be removed by Tektronix no later than May 31, 1986. (9) The City Council concludes that the continuation of the non-conforming status for the 7,000 square foot area will continue as long as the applicable criteria contained in Chapter 18.132 is complied with. The City Council, therefore, orders that the above referenced determination be, and same hereby is, approved. The Council further orders that the Director of Community Development send a copy of the final order as a notice of final decision in this matter. PASSED: This day of aL 1986 by LA ru�iliYnG<15 vote of Council of the City oTigard. //moi oY1<P_C_L>t- i RESOLUTION No. 86- Page 2 k r