Resolution No. 82-15 CITY OF TIGARD, OREGON
RESOLUTION NO. 82- 15-
RESOLUTION
SRESOLUTION ADOPTING A FINAL ORDER IN THE MATTER OF THE APPLICA-
TION FORA COMPREHENSIVE PLAN REVISION, ORIGINALLY REQUESTED BY
DR. ALVA ROBERTS, FILE NO. CPR 14-81, REVERSING THE ACTION OF
THE TIGARD PLANNING COMMISSION, ENTERING FINDINGS, CONCLUSIONS
AND A FINAL ORDER.
The Tigard City Council heard the above appeal at its
regular Council meeting of February 8, 1982. No one appeared
at that meeting either for or against the application, which
was continued from the Council's meeting of January 25, 1982,
at which time no one appeared either in favor of, or opposition
to, the application.
The council makes the following FINDINGS OF FACT in this
matter:
1. The applicant for this matter, Dr. Alva Roberts,
requested a reclassification from A-12 Comprehensive Plan
designation, which would allow for multi-family dwellings, to a
Commercial-Professional (CP) designation on a parcel of land
designated as Washington County Tax Map Parcel 1S1 33AD, Tax Lot
2500. The information supporting the request is found in File
No. CPR 14-81. Dr. Roberts later withdrew his participation
from the application, but the owner, Vincent Olsen, indicated
his desire to continue the application.
2. The applicant's justification is presented in the
minutes for the November 10, 1981 Planning Commission meeting.
The applicant, at that time, i.e. Dr. Roberts, spoke to issues
relating to public service facilities such as water, sewer and
roads and his personal need to move his veterinary practice to
a larger facility behind his present office on Scholls Ferry
Road, adjacent to the subject parcel.
3. The Council determines, as a matter of fact, that the
testimony in the record in favor of this application does not
speak to the major issues involved in amending a comprehensive
plan, including the application of the State-wide Planning Goals
and conforming to existing plan policies. None of these issues
were addressed in the applicant's justification nor elsewhere
in the record.
The Council also makes the following CONCLUSIONS OF LAW:
1. Because of the failure of the applicant to justify the
Comprehensive Plan revision in terms of the applicable criteria,
i.e., the State-wide Planning Goals and the current Plan policies
IG applicable to the site, the Council lacks a factual basis upon
RESOLUTION NO. 82-_/--r-
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which to predicate a Plan change (see South of Sunnyside
Neighborhood League v. Bd. of Commis of Clackamas County,
:- 280 Or. 3, 569 P.2d 1063 (1977) ) .
2. In order to meet State-wide Planning Goal 10, relating
to housing, the city must preserve existing vacant buildable
multi-family designated land. Pending completion of a comprehen-
sive plan to be submitted to the Land Conservation and Development
Commission, the Council has determined that, without an offset
in some other place in Tigard on which multi-family housing
could be accommodated, the inventory of buildable lands for
multi-family use must be preserved in order to meet the Council's
obligations both to citizens and residents of Tigard as well as
the State of Oregon.
ORDER
it is, therefore, ORDERED that the application for a
comprehensive plan revision contained in File No. CPR 14-81 be,
and the same hereby is DENIED, based upon the Findings and
Conclusions set forth above. It is FURTHER ORDERED that
Vincent Olsen, the applicant, receive notice of this Final
Order from the Tigard City Recorder.
PASSED: This _day of L PL,vu �.� ti 1982, by
the Council of the City of Tigard.
Mayor - City of Tigard ^
ATTEST:
City Recorder - C' of Tigard s
t.
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RESOLUTION NO. 82- S