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Resolution No. 85-28 CITY OF TrG.ARD, OREGON RESOLUTION NO, 85- A FINAL ORDER IN THE MAT]-ER OF THE APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND A ZONE CHANGE REQUESTED BY PORTLAND FIXTURE CO., FILE NO. CPA 3-85 AND ZC 3-85, DENYING THE APPLIC^TION REQUESTS, ENTERING FINDINGS AND CONCLUSIONS. WHEREAS, the Tigard City Council heard the above application at its regular meeting of April 22, 1985. The applicants appeared and were represented by Hal Hewitt and Tom Lancaster; appearing in opposition was Joe Schweitz of NPO #7. WHEREAS, The Council Finds the following FACTS in this matter: t 1. The applicants for this matter, Portland Fixture Co., requested a reclassification from C-P (Commercial Professional) to C-G (Commercial General) For a 7.9 acre site designated as Washington County Tax Map 1S1 34BC, Tax Lot 400. The explanation supporting the request is found in File No. CPA 3-85. 2, The Council had before it the record of the proceedings before the Tigard Planning Commission which voted to approve the request, with three dissenting votes, on April 2, 1985. 3, The relevant approval criteria in this case are Statewide Planning Goals 1, 2, and 12, Comprehensive Plan policies 2.1.1, 5,1.1, 5.1.4, 8.1.3 and Chapter 12, locational criteria. WHEREAS, based on the record in this case from the Planning Commission hearing of April 2, 1985, and the City Council hearing of April. 22, 1985, the Council makes the following FINDINGS in this. matter; 1, Statewide 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. Statewide Planning Goal #2 is met because the City applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. Statewide Planning Goal #12 is not satisfied because the proposal will have a negative impact upon Scholls Ferry Road by increasing traffic. At the City Council meeting on April 22, the Council heard conflicting testimony concerning the amount of traffic which the property would generate developed under the present C-P and the RESOLUTION NO. Page i ' ��te r;^in d that the present traffic proposed �:-G designaCiu ,a. ,a Courci. situation on Scholls Ferry Road would be more adversely affected with the addition of traffic from the property if built under the C-G Toning designaticn than under C-P. 4. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied because the Neighborhood Planning organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. 5. City of Tigard Comprehensive Plan Policy 5.1.1 is met because proposal will have a small positive effect upon the number the prop of jobs osal it to Tigard residents. It is estimated that the e between 150 and subsequent commercial development will provide jobs. Development under the C-G designation, however, could result in less higher paid skilled positions than under C-P. 6. City of Tigard Comprehensive Plan Policy 5.1..4 is satisfied because the proposed change from C--P to C--G will not enlarge the area presently designated for commer-ial use and will not encroach upon nearby residential areas. 7. City of Tigard Comprehensive Plan Policy 8.1.3 will be satisfied i as a condition for development of the site. Before any commercial development occurs, city approval through the Site Development Review process will be required. 8. The applicable locational criteria are partially satisfied for the following reasons: a. A residential zoning district is only adjacent along the southern boundary of the site. b. The change of zoning would create additional traffic congestion or related problems which cannot be remedied by the proposed traffic signal at the Scholls Ferry/Sorrento/North Dakota intersection. Although traffic volume would also be increased if the property is developed under C-P, the number of types generated by the property when developed out to full capacity under C-G is greater, thus adding to the traffic volume of Scholls Ferry Road Direct access to an ar-terial and collector street is available. d. Public transportation is available on Scholls Ferry Road. e. Because of its location and the Site Development Review approval. which is required prior to development, a compatible relationship with nearby properties can be maintained. v RESOLUTION N0. 85-2—9 Page 2 9. lie applicant's failed to persuade the City Council that the p' tn designation is improper. The plan was adopted in 1983 following substantial community input. No plan policies cited by the applicants convinced the Council that conditions in the area have substantially changed to compel a change to C-G. In addition, no convincing evidence of mistake or inconsistency was presented. 10. The applicants failed to address the long term community needs of the City, for Commercial Professional land uses. The Council interprets the Comprehensive plan to be a long range plan created to provide for the many diverse and competing land uses and business which serve the public need. A reduction in the amount of land dedicated to commer:tal professional development in this section of Tigard would have a negative impact over the projected period of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1 The Council adopts the following CONCLUSION OF LAW: 1. Based on Finding No. 3, the Council has determined that the proposed charge in zoning will result in development with the potential to greatly increase traffic over that which the existing zoning would generate. The increased traFfic will have at detrimental impact upon Scholls Ferry Road even with the completion of a new traffic signal. 2. Based on Finding No. 8, locational criteria have not all been met. The change of zoning would create additional traffic congestion and related problems. 3. eased on Finding No. 9, the Council finds that the applicant has not provided persuasive arguments to change the comprehensive plan and -zoning designations and then reduce the amount of available C-P zoned land in this section of the City. Section 2. 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. PASSED: This day of r-".,_ 1985. i i yor - City of Tigard ATTEST: � LI Deputy City Recorder - City of Tigard £ir3AM:br/1280Pj RESOLUTION NO. 85- Page 3