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Hearings Officer Packet - 07/22/1982 - Midas Realty Corp 1640 HEARING OFFICER DECISION "9/82 Midas Realty Corporation ZC 13-82 BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD • IN THE MATTER OF THE APPLICATION FOR ) • No. A ZONE CHANGE FROM C-3 to C-5; Midas ) • ZC 13-82 Realty Corporation, Applicant. The above-entitled matter came before the Hearings Officer at the regularly scheduled meetir.g of July 22, 1982, at which time testimony, evidence and the planning depart- ment staff report were received; and The Hearings Officer adopts the findings and conclusions contained within the staff report, a copy of which is attached hereto and incorporated by reference herein and marked 'Exhibit A" ; therefore IT IS HEREBY ORDERED:• �. • ZC 13-82 is approved subject to the following condition : The applicant shall apply for and receive Site Design Review under the provisions of Chapter 18. 59 of the Tigard Municipal Code. Dated this 2nd day of September, 1982. HEARINGS OFFICER • J+ 11 • B.TH BLOUNT • koit g STAFF REPORT AGENDA LTEM 2.2 CITY OF TIGARD HEARINGS OFFICER July 22, 1982 - 7:00 P.M. Durham Waste Treatment Plan - Conference Room Corner of S.W. Durham and S.W. Hall Tigard, Oregon A. FACTS 1. General Information Case: ZC 13-82 Zone Change Request: The applicant is requesting a Zone Change from C-3 General Commercial to C-S Highway Commercial. Recommendation: Based on Staff's review, site inspection and information supplied by the applicant, staff recommends that the Hearings Officer approve the Zone Change requested subject to conditions listed on Page 3 of the staff report. Applicant: Midas Realty Corporation 2555 E. Chapman Ave. Fullerton, California' Owner: William E. Richardson, Jr. 7231 S.E. 34th St. Portland, Oregon 97202 Location: The property is located at 13045 & 13055 S.W. Pacific Highway (Wash. Co. Tax Map 2S1 2BD lot 3100) Lot Area: approximately 22,588 square feet. Present Comprehensive Plan Map Designation: Highway Commercial NPO Comment: NPO # 3 comments will be provided at the hearing. NPO # 3 will review the matter at their meeting on July 21, 1982. Public Notices Mailed: 10 notices were mailed. No comments had been received at the writing Of this report. 2. Background: No previous actions have been taken on this site. 3. Vicinity Information: The surrounding land uses are as follows: The area to the north has been developed as multi-family. The area is zoned A-12 and is designated medium density residential on the NPO II 3 Plan. STAFF REPORT AGENDA ITEM 2.2 ZC 13-82 Page 2 The area to the east, west and south are developed as commercial uses. The properties are zoned C-3 and designated Highway Commercial on the NPO # 3 Plan. The Tigard School District administration offices and Charles F. Tigard grade school lie to the west and southwest. 4. Site Information: Presently there are two single family homes on the tax lot. Both structures will be removed prior to construction of the new building to house Midas Muffler. B. APPLICABLE PLANNING POLICIES 1. Zone Change: The proposed Zone Change from C-3 (General Commercial) to C-5 (Highway Commercial) will bring the zoning on tax lot 3100 into conformance with the adopted NPO if 3 Plan which designates the property Highway Commercial. 2. LCDC Statewide Planning Goals • a. Citizen Involvement - The purpose of this goal is to allow for the opportunity for interested citizens to be involved in all phases of the Planning process. Notices were sent to all owners of record within 250 feet of the subject property. A public notice was published in the Tigard Times on July 8, 1982. b. Land Use - All applicable LCDC goals and Guidelines , NPO 11 3 plan policies and Tigard Municipal Code Sections wee considered in review of this application. c. Economy - The purpose of this goal is to diversify and improve the economy of the state. Presently, the property is not being utilized 1� to the fullest extent possible. The existing residential structures are in a state of disrepair. Also, the property is in a prime commercial location. The applicant intends to remove the existing residential structures and construct a new building to operate his business from. This proposal creates the potential for some new jobs in the area and the more appropriate utilization of property may benefit surrounding property owners. d. Public Facilities and Services - The purpose of this goal is to insure the provision of public facilities to the site. Sewer is available to a (8") eight inch line in S.W. Pacific Highway. Water is available trom a (6") six inch line in Pacific Highway. Site drainage will be addressed more specifically at design review. The type of business proposed for this site depends on automobile traffic. Access to Pacific Highway is good from this site. • • STAFF REPORT AGENDA ITEM 2.2 ZC 13-82 Page 3 e. Transportation - The purpose of this goal is to nsure adequate and safe transporation systems. The site is well served off of S.W. Pacific Highway. The Oregon Department of Transportation should be consulted regarding the access point serving the site from the highway. 3. NPO 1P 3 Policies , Policy 20. Businesses on Pacific Highway should be oriented to the existing traffic and not draw additional traffic from the adjacent community. Any additional convenience or neighborhood centers should be centrally lucated to the market area they serve. Policy 21. Development will coincide with the provisions of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed develop- ment, and (b) designed to meet City or county standards. Policy 18. Pacific Highway is developing as a strip commercial highway. The traffic carrying capacity of this highway should have the highest priority and adjacent commercial development should be subordinated to this need. Policy 19. In the interest of safety and efficiency, the number of highway access points must be kept to a minimum. Wherever possible, businesses on Pacific Highway should be clustered and share common parking facilities and driveways. As new development occurs, the number of access points should not exceed the number necessary for proper on-site traffic circulation and, where possible should be combined with access to adjacent businesses. All public improvements shall be made to City standards for said improvements. The Oregon Department of Transportation shall review highway access at the design review stage of development of the site. 4. Tigard Municipal Code: There are no specific criteria in the Tigard Municipal Code which address Zone Changes. Therefore, Staff relies on LCDC goals and guidelines and NPO 11 3 policies. C. CONCLUSION The proposed Zone Change proposal meets applicable planning policies. The development of the site will be reviewed and approved through Site Design Review. D. CONDITIONS The applicant shall apply for Site Design Review under the provisions of Chapter 18.59 of the Tigard Municipal Code. .CA1.,"1-4" PRE!' BY: l,ql i2'a th A. Newton APPROVED BY: Frank A. Currie • in Director Associate Planner Plann g