Resolution No. 84-59 1 .
CIIY OF 71GAN , OREGON
RESOLUTION NO. 84—�
A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN
AMENDMENT AND A ZONE CHANGE REQUESTED BY IIGARD WEST DEVELOPMENT, JB BISHOP,
GI JOES, AND ALICE TREFFINGER, FILE NO CPA 11-84 AND 7_C 8-84, DENYING THE
APPLICATION REQUESTS, ENTERING FINDINGS AND CONCLUSIONS.
The Tigard City Council heard the above application at its regular meeting of
July 23, 1984. The applicants did not appear nor were they represented.
Appearing for the opposition was an attorney, Jim Cox.
The Commission finds the following FACTS in this matter:
1. The applicants for this matter, Tigard West Development, JB Bishop,
GI Joes and Alice Treffinger, requested a reclassification from
R-3.5 zoning and low density designation, which would allow for
single family residential units, to a (C—G), General Commercial
designation on a parcel of land designated as Washington County Tax
Map 2S1 3DA Tax Lots 4700, 4800, 6100 and 6200 and Washington County
Tax Map 2S1 30D lot 200. The information supporting the request is
found in File No. CPA 11.84.
2. The Council had before it the record of the proceedings before the
Tigard Planning Commission which denied the request, with two
dissenting votes, on July 10, 1984. The matter was brought before
the City Council under Section 18.32.090 C. of the Tigard Community
Development Code.
3. The relevant approval criteria in this case are the State—wide
Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. Goals
3, 4, and 15 — 19 do not apply. In addition, the City of Tigard
Comprehensive Plan Policies 2.1.1, 5.1.4, 6.3.3 and 12.2.1.
Based on the record in this case, the Council makes the following FINDINGS in
this matter:
1. State—wide Planning Goal ##1 is met because the City has adopted a
Citizens Involvement program including review of all development
applications by the Neighborhood Planning Organization (NPO). In
addition, all public notice requirements were met.
2. State—wide Planning Goal N2 is met because the City applied all
applicable State—wide Planning Goals, City Comprehensive Plan
Policies and Development Code requirements to the application.
3. State—wide Planning Goal N5 does not apply because no open space
would be created or removed by this application proposal.
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RESOLUTION NO. 84— �
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® 4. State-wide Planning Goal #6 does not apply because water, air and
land resources quality would not be affected by this application
proposal.
5. State-wide Planning Goal #7 does not apply because there are no
natural hazard areas on the property.
6. State-wide Planning Goal #8 does not apply because there would be no
recreational facilities being constructed or removed as a result of
this proposal.
7. State-wide Planning Goal #9 does not apply because the portion of
land being proposed for the change from residential to commercial is
too small to impact the City's employment picture.
8. State-wide Planning Goal #10 does not apply because the removal of 5
homes from the City's housing stock would not have a great impact
City-wide.
9. State-wide Planning Goal #11 is met because public facilities are
available to the site.
10. State-wide Planning Goal 012 is not satisfied because SW Watkins
Street is not improved to City standards and is inadequate to ^arry
heavier volumes of traffic at the present time.
Ii. State-wide Planning Goal #13 does not apply because there are no
f great energy savings to be gained by changing the five residential
i properties to commercial.
12. State-wide Planning Goal #14 does not apply because the proposed
change does not affect rural land.
13. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied because
the Neighborhood Planning Organization and surrounding property were
given notice of the hearing and an opportunity to comment on the
applicants' proposal.
14. City of Tigard Comprehensive Plan Police 5.1.4 is not satisfied
because approval of the applicants' request would allow commercial
development to encroach into a residential area that has not been
designated for commercial use.
15. City of Tigard Comprehensive Plan Policy 6.3.3 is not satisfied
because the City's Comprehensive Plan was built on the premise that
a strong test be given to proposed developments to protect existing
established neighborhoods. This development does not meet this test
with the addition of more parking which encroaches on the
residential area.
16. City of Tigard Comprehensive Plan Policy 12.2.1 is satisfied in that
all of the appropriate locational criteria have been applied to the
project, however, not all of the locational criteria can be met by
the applicant's proposal.
so RESOLUTION NO. 84- sy
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The Council adopts the following CONCLUSIONS OF LAW:
1 Based on Finding No. 10, the Council has determined that CW Watkins
is not improved to standards adequate to carry increased traffic
loads.
2. Based on Finding No. 14, the Council has determined that the
applicants' r--quest to redesignate 5 single family residential lots
to commercial would allow comme;.:ial development to encroach into a
residential area that has not been designated for commercial use.
3. Based on Finding No. 15, the Council has determined th-At the
granting of the applicants' request will not preserve and enhance
the character of the adjacent established area.
4. Based on Finding No. 16, the Council has determined that the
applicants' request does not me^c all of the locational criteria set
forth in Police 12.2.1.
Specifically, locational criteria (1) (a) is not met. "The
commercial area is not surrounding by residential districts on more
than two sides."
5. Based on Findings No. 2 and No. 15, the Council has determined not
enough time has passed since the adoption of the Comprehensive Plan
to justify such a drastic change by allowing this type of
encroachment.
The Council, therefore, ORDERS that the above referenced request be, and the
same hereby is, DENIED.
The Council FURTHER ORDERS that the Planning Director and the City Recorder
send a copy of the Final Order as a Notice of Final decision to the parties in
this case.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
PASSED: This ,Zu day of �<' <� 1984.
y City of Tigard
y City
ATTEST:
�ity
Deputy City Recorder f Tigard t
r {
5 i (EAN:pm/0559P)
RESOLUTION NO. 84—
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