Resolution No. 82-132 A
CITY OF TIGARD, OREGON
RESOLUTION NO.
A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING A FINAL ORDER
REGARDING THE APPLICATIONS FILED BY J. B. BISHOP FOR REVISION TO
THE NPO #1 COMPREHENSIVE P-17U4 AND CONCOMITANT ZONE CHANGE (CPR 4-82
and ZC; 18-82) .
WHEREAS, J. B. Bishop has applied to the City of Tigard for a
Comprehensive Plan revision from Commercial Professional/General
Commercial to General Commercial on the property described on Tax
Map 2S1 2CC, Lots 200 and 500, and a similar Plan change from
Commercial Professional to General Commercial for those lots
described on Tax Map 2S1 2CC, Tax Lots 100, 801 and 900; and
WHEREAS, J. B. Bishop iia, also applied for a zone change from CP
(Commercial Professional) and C-3 (General Commercial) to C-3
(General Commercial) for lands described on Tax Map 2S1 2CC, Tax
Lots 200 and 500 and a similar zone change from CP to C-3 for lots
described on Tax Map 2S1 2CC, Tax Lots 100, 801 and 900; and
WHEREAS, the requests for Comprehensive Plan revision and zone change
were consolidated pursuant to the provisions of TNTC S 18.84.060, for
hearing before the Tigard Planning Commission and the Tigard City
_ Council under TMC 5 18.84.050(b) (2) ; and
WHEREAS, on the basis of the staff report prepared by the Director
of Planning and Development, the Tigard Planning Commission did, on
October 19, 1982, approve the aforesaid applications, which are now
on review to the City Council; and
WHEREAS, notice of these proceedings was given pursuant to TMC S
18.84.070 and a public hearing was held on the aforesaid applications;
and
WHEREAS, the City Council is of the view, upon consideration of
testimony and other materials submitted to it, that the aforesaid
application should be approved;
NOW, THEREFORE, the Tigard City Council resolves as follows:
Section 1: IT IS HEREBY ORDERED that the applications submitted by
J. B. Bishop, numbered CPR 4-82 and ZC 18-82 be, and the
same hereby are APPROVED on the basis of the findings and conclusions
set forth in Exhibit "A", attached hereto and by this reference made
a part hereof, and subject to the conditions set forth in the afore-
said Exhibit "A"; and
Section 2: IT IS FURTHER ORDERED that a copy of this Resolution be
sent to all parties of record and shall constitute the
notice of final decision in this matter.
RESOLUTION No. 82--
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PASSED: This _day of 1982, by the Council
of the City of Tigard.
Mayor - City of Tigard
ATTEST:
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Recorder - City Tigard
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RESOLUTION No. 82-l.g'
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% EXHIBIT "A"
FINDINGS OF FACT AND CONCLUSIONS
` CPR 4-82 COMPREHENSIVE PLAN REVISION
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ZC 18-82 ZONE CHANGE
TIGARD CITY COUNCIL
November 15, 1982
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����.pplicant: J.Ts. Bishop
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FINDINGS
1. The site is generally located on the east side of Pacific Highway,
approximately 1,000 feet south of S.W. Garrett, (Wash. Co. Tax Map 2SI 2CC,
Tax Lots 100, 200, 500 ,801 and 900) and consists of approximately 12.06 acres.
2. The applicant is requesting a Comprehensive Plan Revision from
C.^mmercia 1 Professional/General Commercial to General Commercial on Tax Map
2Sl 2CC„ Tax Lots 200 and 500 and from Commercial Professional to General
A
Comm'
� .al on Tax Map 2S1 2CC, Tax Lots 100, 801 and 900. The applicant is
,also ,, uesting a zone change from CP/C3 to C3 on Tax map 2S1 2CC, Tax Lots
,'t00 and 500 and from CP to C3 on Tax Map 2S1 2CC, Tax Lots 100, 801 and 900.
3. There is an existing building on Tax Lot 900 with two tenants, the
Tigard Paint Store and Feeks and Stongs Potato Pub. Feeks and Stongs Potato
Pub received a conditional use permit ( CU7-82) to operate a restaurant
(commercial use) in a CP zone.
4. Approximately 1.5 acres (Tax Lot 900) of the total 12.06 acres is
developed. At the present time, there is one retail building on the southwest
end of the site which is occupied by the Tigard Paint Center and Peeks and
Stongs Potato Pub. Adjacent to that is the Heinz Auto Europe Auto Repair
Shop. The remaining 10.5 acres is undeveloped (leaves unaccounted for .06
acres).
The property slopes toward the southeast and has several large trees along
the southern and western boundaries. The remainder of the site is densely
covered with brush and grass.
5. The property to the northeast of the subject property is developed
with commercial uses. The land to the west and south is zoned and developed
as single family residential. The property across Pacific Highway is
designated and partially developed for commercial uses.
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6. The following LCDC statewide planning goals are applicable to this
application:
a. Citizen Involvement: Goal #1 - The intent of this goal is to insure
the opportunity for citizens to be involved in all phases of the planning
process. Notices were mailed to all. owners of record within 250 feet of the
site. A public notice was published in the Tigard Times on October 7, 1982.
NPO vl reviewed the request on October 6, 1982, and approved it unanimously.
The Planning Commission also unanimously approved the application.
b. Land Use: Goal #2 - All applicable LCDC Goals and Guidelines, N-PO #1
policies and Tigard HUnicipal Code sections were considered in review of this
application.
C. Natural Hazards: Goal #7 - The goal requires that development should
not be located on lands with natural hazards, without appropriate safeguards.
The eastern portion of the subject nrogerty has some steep slopes and
development of the property will require the filling of an existing
drainage-way. The applicant al-so seeks to reroute some sanitary sewer, and
storm sewer lines on the property. The applicant has applied for and, on
November 10, 1982, was issued a Sensitive Lands Permit after a hearing before
the City Hearings Officer. The City Engineer, planning staff and Hearings
Officer have determined, of ter review of technical data submitted by the
applicant, that the proposal will not adversely affect runoff, erosion, ground
stability, water quality, ground water levels, flow rates or flooding. A
Senitive Lands Permit was thcref ore issued for development of the property in
application M3-82, with appropriate conditions.
d. Economy: Goal #9 - The purpose of this goal is to diversify and
improve the economy of the state. Presently, the property is not being
utilized to its full potential- The property is in a prime retail commercial
location. The applicant intends to construct a shopping center on the site.
The center will provide approximately 230 jobs for the community. In
addition, the shopping center will provide a needed service to residents in
the area.
e. Public Facilities and Services: Goal #11 - The purpose of this goal
is to insure the provision of public facilities to the site. Presently, there
is an 8" sewer line which runs through the site. The applicant has submitted
a Sensitive Lands Permit application to relocate the sewer line on site, and
such permit has been granted- In addition, the applicant is proposIng; to
relocate the storm drain line. Water is available from a line in SW Pacific
Highway in adequate quantities and with adequate pressure to serve both fire
and domestic needs.
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f. Transportation: Goal #12 - The intent of this goal is to provide a
pi safe, convenient and economic transportation system. The site is accessible
from Pacific 'ghwav, which is a Tri-Mee bus line. The applicant has proposed
three access points onto Pacific Highway. The Oregon Department of
Transportation has reviewed the applicant's plan and granted conditional
approval.
7. The following NPO ftl (Comprehensive Plan ) policies are applicable to
this application:
a. 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,. The proposed development would add only one access point to
Pacific Highway and would cause little interference with the traffic-carrying
capacity of such highway.
b. 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
r1rculation and where possible should be combined with access to adjacent
busic:�sses. Development of the subject property as a single, integrated
commercial development would permit more restrictive access to Pacific Highway
than would occur from segmented development of the subject property in its
existing Commercial Professional classification.
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C. Policy 20: Hig::way-oriented commercial businesses should have
priority use of Pacific Highway frontage because they are dependent upon the
volume of through traffic for their business. The existing designation of the
portion of property fronting on. Pacific Highway is Commercial Professional
rather than Commercial and does not meet such policv.
d. Policy 21: Businesses on Pacific Highway should be oriented to the
existing traffic and not draw additional traffic from the adjacent community.
Convenience or neighborhood centers should, therefore, be prohibited from
locating cn Pacific Highway. The proposed development is not a convenience or
neighborhooa center and would not permit any direct access from the adjacent
residential ne-,ghborhoods.
8. The proposed shopping center will have three access points onto
Pacific Highway, two of which are existing. In addition, the shopping center
will be convenient for area residents, allowing them to stay in the
neighborhood rather than drive Pacific Highway to shop.
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Access to the site :as been g:_ven careful consideration and the State of
Oregon Highway Division has granted approval of the design.
9. The City has received a petition signed by several residential
neighbors of the proposed project who have expressed concerns about the need
for buffering the project from residences located in the R-7 zone to the east
of the subject property. Such concerns have in general been recognized by the
City and by the applicant to be legitimate. The project will be subject to
Site Design Review, which will afford a detailed analysis of the physical
relationship between the proposed project and the adjoining residential
neighborhood.
CONCLUSIONS
1. The proposed zone change and comprehensive plan revision meet all
applicable LCDC Coals, NPO til Policies, and are consistent with the text of
the City of Tigard Comprehensive Plan.
2. The proposed use would be compatible with the existing commercial uses
In the area.
3. Redesignation of the property to General Commercial (C-3) in the
comprehensive plan and zoning maps will allow the property to be used in a
coordinated manner for development of an integrated shopping center project
which will be compatible with the needs of the community.
CONDITIONS OF APPROVAL
The following conditions are hereby attached to the approval of such
project c
1. The design and configuration of improvements to S.W. Pacific Highway
and the access points from the site to S.W. Pacific Highway shall be approved
by Oregon Department of TLansportation prior to issuance of building permits.
The Oregon Department of Transportation approval shall be in writing and shall
be accompanied by a plan.
2. A maintenance agreement and plan for the frontage road and island
shall be submitted with the application for Site Design Review.
3. The applicant shall apply for Site Design Review. The Site Design
Review application shall include elevation sketches showing proposed screening
from abutting residential neighborhoods and a letter outlining the disposition
of the existing right-of-way which the state intends to dedicate to the
property owner.
4. The applicant shall, in the Site Design Review process, address the
need for buffering of the proposed development from residential properties to
the east of the subject property, including the possible need for fencing in
such buffer area.
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Such buffering, as is determined in the Site Design Review process to be
appropriate, including a six foot high chain link fence with slats so as to be
site obscuring, shall be substantially constructed prior to the issuance of
building permits.
5. The applicant shall not cut or remove any trees within the most
easterly 20 feet of the subject property, adjoining the residential
neighborhood to the east of the subject property, prior to Site Design Review
approval.
6. The City staff shall provide written notice of the time and place for
consideration of the site design of the subject property to an authorized
representative of NPO #1 and to all parties of record in this proceeding, who
appeared either in person or in writing before either Planning Commission or
City Council in connection with the subject application.
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 to the parties in this case.
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