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Resolution No. 90-69 CITY OF TIGARD, OREGON RESOLUTION NO. 90-tz IN THE MATTER OF THE P.90PTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF A PLANNING COMMISSION DECISION TO APPROVE A SIGN CODE EXCEPTION APPLICATION (SCE 90-03) PROPOSED BY TIGARD RETAIL CENTER. WHEREAS, the Commission reviewed the case at its meeting of August 7, 1990; and WHEREAS, the Commission approved the application with modifications to the original proposal (Final Order No. 90-29 PC); and WnZREAS, this matter, came before the City Council at its meeting of October 8, 1990; end WHEREAS, the Council reviewed the evidence related to the request and the Planning Commission decision. THEREFORE BE IT RESOLVED that the Planning Ccimiss.ion decision is reversed and Sign Code 2xeeption is DENIED based upon the facts, findings, and conclusions noted in Exhibit ^A The Council further orders that the City Recorder send a cony of this final order to the applicant as a notice of the final decision in this matter. -"I PASSED: This -D day of November, 1990. City of Tigard John Schwartz, Council President Pro Tem ATTESTS Cathy Wheatley _ Tigard City Recorder SCE 90-03.RESfX1 RESOLUTION NO. 90-/'-'4 PAGE 1 A. FACTS 1. General Information CASES Sign Code Exception (SCE 90-0003). REQUEST. For, & sign code exception approval allowing a 508 increase in sign area up to 105 squarra feet per face, and a 25% increase in sign heights up to 25 feet, COMPREHENSIVE PLAN: Commercial General ZONE: C-G (Commercial Getneral). APPLICANT. Marlin Brothers signs, Incorporated Roy M. Boswell P.O. Box 3.012 Tualatin, OR 97062 OWNER: Tigard Retail center 15800 SW Boones Ferry Road, C-301 Lake Oswego, OR 97035 LOCATION. 13702 SW Pacific Highway (WCT-M 2SI 3DD, Tax Lots 400 and 500). 2. Back<lroun.d Information The Hudson service station previously occupied this site and during the last several years the station had been abandoned. Several signs were subject to the sign amortization program which required their removal because they were slightly over-sized and abandoned (Case No. 88-102-Z). In Sept-embers 1939, Site Development Reviews (SUR 89-20/V 89-24) was approved to establish a commercial retail center consisting of three separate buildings. prior to construction of that project, the Hudson service station and all signs on the property were removed. The retail center is now almost- fully developed and tenants are beginning to occupy the buildings. Recently, the property owner has been requested to remove several strings of illegal banners, as well as an illegal temporary sign. Although a financial assurance has been provided, a final landscaping has not been provided and a minor amount of landscaping remains to be completed. RESOTUTION NO. 90- PAGE 2 3. Vicinity Information Properties to the south, east, and north along Pacific Highway are also zoned and developed C-G (Commercial General). Residential property zoned R-3.5 (Single family residential, 3.5 Unita/acre) lies immediately west of the subject property. Thy parcel is located at the southwest corner of Pacific Highway which is an arterial street, and Watkins Street which is a minor collector. 4. Site Information and Pr000aal Descriation The project is developed with three sepazare buildings and will probably contain between six and ten tenants. At the present time, automotive businesses occupy all of the northeastern bullding and half of the northwestern building. The third and largest building on the southwest side of the property is just beginning to be occupied. The project has direct driveway access onto Pacific Highway, as well as (Watkins Street. Presently, there are no freastandina signs on the property. The applicant is requesting permivaicn to construct one freestanding sign that exceeds the normal allowances for sign size and h^,fight as specified in the sign code chapter of the Community DRvelopment Code. The applicant proposes a sign height of 21 feet with an 8-foot clearance at the bottom and sign dimensions of 13 ft. x 8 ft., for a total of 104 square feet of sign area per face. The applicant indicatea that by using 9 inch letter copy as the minimum aiza, the 13 ft. x 8 ft. sign dimensions necessary to provide adequate room to advertise the different tenants in the retail center. S. Aaencv and NPO Comments The Building Division and the State Highway Diviaicn have no objections to this proposal. NPO /3 reviewed the proposal on July 18, 1490 and the NPO recommends that the sign code exception not be granted because the buildings are significantly visible and the NPO has consistently recoAmerded that additional sign area not be allowed for other properties along Pacific Highway. No other comments have been received. B. FINDINGS AND CONCLUSIONS The basic standard in the C-G zone allows for one freestanding sign with a maximum square footage of 70 square feet per face and a maximum height of 20 feet. Wall signage is also allowed at a percentage of 15% of the size of the wall that the sign is mounted on. The City Council may grant additional sign RESOLUTION NO. 40-(/�-�_. PAGE 3 height and/or sign area, if variation from the standard code requirements is . deemed appropriate in accordance with the criteria found in Section 18.114.145 and Section 18.11-'..130.G of the Code. Section 10.114.130.G.1(c) states that when a premises contains more than a single tenant, but is not defined as a shopping center (8 or more tenants), an addit-Tonal. 50% of sign copy area may be permitted under the design review process (or sign code exception process in this case) so as to adequately Identify the separate tenants when it is determined that the increased sign area will not dater from the purpose of the Code. A shopping center is also eligible for a 50% sign area tner3ase. The sign illustratad by the applicant shows advertising space for nine tenants. " mentioned earlier, one of the three buildings is fully occupied. Also HollgwccOd Video is intended to Occupy a significant portion of the third building. Given the space that remains, It appears likely that the center will be —:cupied by more than six tenants. Based upon the information present by the applicant, there is not adequate justification to grant an additional 50% in sign area or sign height.. The Council finds that the additional area and height would be contrary to the purpose of the sign code which is "to prevent proliferation of signs and sign clutter". The increase in the area of the freestanding sign is not necessary to adequately ir?enti€y the tenan-fa of the center. - SCE 30-03.RES/kl RESOLUTION NO. 90--L'C PAGE 4