Hearings Officer Packet - 07/22/1982 1640 HEARING OFFICER DECISION
-9/82 Midas Realty Corporation •
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ZC 13-82
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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 meeting 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
47) Municipal Code.
Dated this 2nd day of September, 1982.
HEARINGS OFFICER
APPROVED: .,..._
7/_
B.TH BLOUNT
m'Sd;
C g
STAFF REPORT
AGENDA ITEM L.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. '"ax 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 II 3
r 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. Vicinit, 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 Il 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 II 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
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.
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STAFF REPORT
AGENDA ITEM 2.2 ZC 13-82
Page 3
e. Transportation - The purpose of this goal is to nsure adequata 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 IP 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 addre:;s
Zone Changes. Therefore, Staff relies on LCDC goals and guidelines and
NPO Il 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.
1). CONDITIONS
The applicant shall apply for Site Design Review under the provisions of Chapter
18.59 of the Tigard Municipal Code.
uu QQ,, IAPPROVED BY: Frank A. Currie
I'REI' � ElizablitA
th A. Newton � Director
Associate Planner
Planning it