Resolution No. 85-28 CITY OF TrG.ARD, OREGON
RESOLUTION NO, 85-
A FINAL ORDER IN THE MAT]-ER OF THE APPLICATION FOR A COMPREHENSIVE PLAN
AMENDMENT AND A ZONE CHANGE REQUESTED BY PORTLAND FIXTURE CO., FILE NO. CPA
3-85 AND ZC 3-85, DENYING THE APPLIC^TION REQUESTS, ENTERING FINDINGS AND
CONCLUSIONS.
WHEREAS, the Tigard City Council heard the above application at its regular
meeting of April 22, 1985. The applicants appeared and were represented by
Hal Hewitt and Tom Lancaster; appearing in opposition was Joe Schweitz of
NPO #7.
WHEREAS, The Council Finds the following FACTS in this matter:
t 1. The applicants for this matter, Portland Fixture Co., requested
a reclassification from C-P (Commercial Professional) to C-G
(Commercial General) For a 7.9 acre site designated as
Washington County Tax Map 1S1 34BC, Tax Lot 400. The
explanation supporting the request is found in File No. CPA 3-85.
2, The Council had before it the record of the proceedings before
the Tigard Planning Commission which voted to approve the
request, with three dissenting votes, on April 2, 1985.
3, The relevant approval criteria in this case are Statewide
Planning Goals 1, 2, and 12, Comprehensive Plan policies 2.1.1,
5,1.1, 5.1.4, 8.1.3 and Chapter 12, locational criteria.
WHEREAS, based on the record in this case from the Planning Commission hearing
of April 2, 1985, and the City Council hearing of April. 22, 1985, the Council
makes the following FINDINGS in this. matter;
1, Statewide 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. Statewide Planning Goal #2 is met because the City applied all
applicable Statewide Planning Goals, City Comprehensive Plan
Policies and Development Code requirements to the application.
3. Statewide Planning Goal #12 is not satisfied because the
proposal will have a negative impact upon Scholls Ferry Road by
increasing traffic.
At the City Council meeting on April 22, the Council heard
conflicting testimony concerning the amount of traffic which the
property would generate developed under the present C-P and the
RESOLUTION NO.
Page i
' ��te r;^in d that the present traffic
proposed �:-G designaCiu ,a. ,a Courci.
situation on Scholls Ferry Road would be more adversely affected with the
addition of traffic from the property if built under the C-G Toning
designaticn than under C-P.
4. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied
because the Neighborhood Planning organization and surrounding
property owners were given notice of the hearing and an
opportunity to comment on the applicant's proposal.
5. City of Tigard Comprehensive Plan Policy 5.1.1 is met because
proposal will have a small positive effect upon the number
the prop
of jobs osal it to Tigard residents. It is estimated that the
e between 150 and
subsequent commercial development will provide
jobs. Development under the C-G designation, however, could
result in less higher paid skilled positions than under C-P.
6. City of Tigard Comprehensive Plan Policy 5.1..4 is satisfied
because the proposed change from C--P to C--G will not enlarge the
area presently designated for commer-ial use and will not
encroach upon nearby residential areas.
7. City of Tigard Comprehensive Plan Policy 8.1.3 will be satisfied
i as a condition for development of the site. Before any
commercial development occurs, city approval through the Site
Development Review process will be required.
8. The applicable locational criteria are partially satisfied for
the following reasons:
a. A residential zoning district is only adjacent along the
southern boundary of the site.
b. The change of zoning would create additional traffic
congestion or related problems which cannot be remedied by
the proposed traffic signal at the Scholls
Ferry/Sorrento/North Dakota intersection. Although traffic
volume would also be increased if the property is developed
under C-P, the number of types generated by the property
when developed out to full capacity under C-G is greater,
thus adding to the traffic volume of Scholls Ferry Road
Direct access to an ar-terial and collector street is
available.
d. Public transportation is available on Scholls Ferry Road.
e. Because of its location and the Site Development Review
approval. which is required prior to development, a
compatible relationship with nearby properties can be
maintained.
v
RESOLUTION N0. 85-2—9
Page 2
9. lie applicant's failed to persuade the City Council that the
p' tn designation is improper. The plan was adopted in 1983
following substantial community input. No plan policies cited
by the applicants convinced the Council that conditions in the
area have substantially changed to compel a change to C-G. In
addition, no convincing evidence of mistake or inconsistency was
presented.
10. The applicants failed to address the long term community needs
of the City, for Commercial Professional land uses. The Council
interprets the Comprehensive plan to be a long range plan
created to provide for the many diverse and competing land uses
and business which serve the public need. A reduction in the
amount of land dedicated to commer:tal professional development
in this section of Tigard would have a negative impact over the
projected period of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1 The Council adopts the following CONCLUSION OF LAW:
1. Based on Finding No. 3, the Council has determined that the
proposed charge in zoning will result in development with the
potential to greatly increase traffic over that which the
existing zoning would generate. The increased traFfic will have
at detrimental impact upon Scholls Ferry Road even with the
completion of a new traffic signal.
2. Based on Finding No. 8, locational criteria have not all been
met. The change of zoning would create additional traffic
congestion and related problems.
3. eased on Finding No. 9, the Council finds that the applicant has
not provided persuasive arguments to change the comprehensive
plan and -zoning designations and then reduce the amount of
available C-P zoned land in this section of the City.
Section 2. 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.
PASSED: This day of r-".,_ 1985.
i
i
yor - City of Tigard
ATTEST:
� LI
Deputy City Recorder - City of Tigard
£ir3AM:br/1280Pj
RESOLUTION NO. 85-
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