ORDINANCE No. 178689

*Amend the Comprehensive Plan Map designations and change zoning at 8020 NE Tillamook Street at the request of Glenhaven LLC, dba Banfield Pet Hospital, and Multnomah County School District No. 1 (Ordinance: LU 04-019454 CP ZC AD).

Section 1.  Council finds:

1.  The Applicant seeks, in the vicinity of 8020 NE Tillamook Street, the following:

a.  a Comprehensive Plan Map Amendment and concurrent Zone Map Amendment to change the current designation and zoning from High Density Single Dwelling Residential 5,000 (with a future designation of Multi-Dwelling Residential 1,000) to CG, General Commercial on the following described real property (the “Site”):

In all vac E 81^st Ave E of & Adj Block 52 exc pt in NE 82^nd Ave Block 53, Jonesmore, Multnomah County, Oregon (commonly known as 8020 NE Tillamook – State Id No. 1N2E29DD 00100)

b.  adjustments described as:

1)  an adjustment to increase the maximum transit street setback from 25 to 300 feet so that the office building can be located on the western portion of the site and the dog park can be placed along NE 82^nd Avenue;

2)  an adjustment to waive the applicable Main Entrance Transit setback, for the same site configuration reasons described above;

3)  an adjustment to allow the required perimeter parking lot landscaping to be placed along the eastern edge of the dog park instead of the eastern edge of the parking lot. The eastern edge of the dog park where the landscaping is proposed is greater than 25 feet from the edge of the paved parking area; and

2.  An application complying with all requirements of Title 33, Planning and Zoning, of the Code of the City of Portland seeking amendment of the Comprehensive Plan Map and Zoning Map has been received with the proper fee for filing paid.

3.  The Hearings Officer held a duly noticed public hearing was held on July 12, 2004, and a Recommendation was issued on July 29, 2004 (BDS File No. LU 04-019454 CP ZC AD – Banfield Pet Hospital). The Hearings Officer recommended approval of the requested Comprehensive Map Amendment, Zoning Map Amendments, and adjustment, with one condition.

4.  The City Council finds that the requested amendment to the Comprehensive Plan, Zoning Map Amendment, and adjustments, based on the findings contained in the Recommendation of the Hearings Officer, are in conformance with the Comprehensive Plan and relevant Title 33 approval criteria.

NOW THEREFORE, the Council directs:

a.  The City Council adopts the facts, findings, conclusions and recommendations of the Hearings Officer in BDS File No. LU 04-019454 CP ZC AD.

b.  The Comprehensive Plan Map Amendment, Zoning Map Amendment, and adjustments are approved as follows:

1.  a Comprehensive Plan Map Amendment and concurrent Zone Map Amendment to change the current designation and zoning from High Density Single Dwelling Residential 5,000 (with a future designation of Multi-Dwelling Residential 1,000) to CG, General Commercial on the following described real property (the “Site”):

In all vac E 81^st Ave E of & Adj Block 52 exc pt in NE 82^nd Ave Block 53, Jonesmore, Multnomah County, Oregon (commonly known as 8020 NE Tillamook – State Id No. 1N2E29DD 00100)

2.  adjustments for an area identified as State ID No. 1N2E29DD 00100:

a)  an adjustment to increase the maximum transit street setback from 25 to 300 feet so that the office building can be located on the western portion of the site and the dog park can be placed along NE 82^nd Avenue;

b)  an adjustment to waive the applicable Main Entrance Transit setback, for the same site configuration reasons described above;

c)  an adjustment to allow the required perimeter parking lot landscaping to be placed along the eastern edge of the dog park instead of the eastern edge of the parking lot. The eastern edge of the dog park where the landscaping is proposed is greater than 25 feet from the edge of the paved parking area; and

3.  All subject to a condition that a restrictive covenant to preserve the 47 housing unit potential be recorded in the public records of Multnomah County consistent with the applicant’s language contained on page 36 of the Hearings Officer’s recommendation excepting that the restrictive covenant shall not include/contain a sunset provision wherein the covenant is no longer applicable after 25 years from the anniversary date of recording the covenant.

Section 2.  The Council declares an emergency exists because there should be no delay in the beneficial use of the above-described properties; therefore, this ordinance shall be in force and effect from and after its passage by the Council.

Passed by the Council:  August 19, 2004      GARY BLACKMER

Introduced by City Auditor Gary Blackmer          Auditor of the City of Portland

Gregory J. Frank/db August 2, 2004            By /S/ Susan Parsons

                     Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1002-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178689