Loading...
Resolution No. 84-59 1 . CIIY OF 71GAN , OREGON RESOLUTION NO. 84—� A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND A ZONE CHANGE REQUESTED BY IIGARD WEST DEVELOPMENT, JB BISHOP, GI JOES, AND ALICE TREFFINGER, FILE NO CPA 11-84 AND 7_C 8-84, DENYING THE APPLICATION REQUESTS, ENTERING FINDINGS AND CONCLUSIONS. The Tigard City Council heard the above application at its regular meeting of July 23, 1984. The applicants did not appear nor were they represented. Appearing for the opposition was an attorney, Jim Cox. The Commission finds the following FACTS in this matter: 1. The applicants for this matter, Tigard West Development, JB Bishop, GI Joes and Alice Treffinger, requested a reclassification from R-3.5 zoning and low density designation, which would allow for single family residential units, to a (C—G), General Commercial designation on a parcel of land designated as Washington County Tax Map 2S1 3DA Tax Lots 4700, 4800, 6100 and 6200 and Washington County Tax Map 2S1 30D lot 200. The information supporting the request is found in File No. CPA 11.84. 2. The Council had before it the record of the proceedings before the Tigard Planning Commission which denied the request, with two dissenting votes, on July 10, 1984. The matter was brought before the City Council under Section 18.32.090 C. of the Tigard Community Development Code. 3. The relevant approval criteria in this case are the State—wide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. Goals 3, 4, and 15 — 19 do not apply. In addition, the City of Tigard Comprehensive Plan Policies 2.1.1, 5.1.4, 6.3.3 and 12.2.1. Based on the record in this case, the Council makes the following FINDINGS in this matter: 1. State—wide Planning Goal ##1 is met because the City has adopted a Citizens Involvement program including review of all development applications by the Neighborhood Planning Organization (NPO). In addition, all public notice requirements were met. 2. State—wide Planning Goal N2 is met because the City applied all applicable State—wide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. State—wide Planning Goal N5 does not apply because no open space would be created or removed by this application proposal. d RESOLUTION NO. 84— � Page 1 ® 4. State-wide Planning Goal #6 does not apply because water, air and land resources quality would not be affected by this application proposal. 5. State-wide Planning Goal #7 does not apply because there are no natural hazard areas on the property. 6. State-wide Planning Goal #8 does not apply because there would be no recreational facilities being constructed or removed as a result of this proposal. 7. State-wide Planning Goal #9 does not apply because the portion of land being proposed for the change from residential to commercial is too small to impact the City's employment picture. 8. State-wide Planning Goal #10 does not apply because the removal of 5 homes from the City's housing stock would not have a great impact City-wide. 9. State-wide Planning Goal #11 is met because public facilities are available to the site. 10. State-wide Planning Goal 012 is not satisfied because SW Watkins Street is not improved to City standards and is inadequate to ^arry heavier volumes of traffic at the present time. Ii. State-wide Planning Goal #13 does not apply because there are no f great energy savings to be gained by changing the five residential i properties to commercial. 12. State-wide Planning Goal #14 does not apply because the proposed change does not affect rural land. 13. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property were given notice of the hearing and an opportunity to comment on the applicants' proposal. 14. City of Tigard Comprehensive Plan Police 5.1.4 is not satisfied because approval of the applicants' request would allow commercial development to encroach into a residential area that has not been designated for commercial use. 15. City of Tigard Comprehensive Plan Policy 6.3.3 is not satisfied because the City's Comprehensive Plan was built on the premise that a strong test be given to proposed developments to protect existing established neighborhoods. This development does not meet this test with the addition of more parking which encroaches on the residential area. 16. City of Tigard Comprehensive Plan Policy 12.2.1 is satisfied in that all of the appropriate locational criteria have been applied to the project, however, not all of the locational criteria can be met by the applicant's proposal. so RESOLUTION NO. 84- sy Page 2 o� The Council adopts the following CONCLUSIONS OF LAW: 1 Based on Finding No. 10, the Council has determined that CW Watkins is not improved to standards adequate to carry increased traffic loads. 2. Based on Finding No. 14, the Council has determined that the applicants' r--quest to redesignate 5 single family residential lots to commercial would allow comme;.:ial development to encroach into a residential area that has not been designated for commercial use. 3. Based on Finding No. 15, the Council has determined th-At the granting of the applicants' request will not preserve and enhance the character of the adjacent established area. 4. Based on Finding No. 16, the Council has determined that the applicants' request does not me^c all of the locational criteria set forth in Police 12.2.1. Specifically, locational criteria (1) (a) is not met. "The commercial area is not surrounding by residential districts on more than two sides." 5. Based on Findings No. 2 and No. 15, the Council has determined not enough time has passed since the adoption of the Comprehensive Plan to justify such a drastic change by allowing this type of encroachment. The Council, therefore, ORDERS that the above referenced request be, and the same hereby is, DENIED. 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 in this case. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: PASSED: This ,Zu day of �<' <� 1984. y City of Tigard y City ATTEST: �ity Deputy City Recorder f Tigard t r { 5 i (EAN:pm/0559P) RESOLUTION NO. 84— Page 4 Page 3 f