Resolution No. 86-116 CITY OF TIGARD, OREGON
RESOLUTION NO. 86-// C
A FINAL ORDER IN THE MATTER OF THE REQUEST FOR REVIEW OF AN INTERPRETATION OF
A DIRECTOR'S DECISION REQUESTED BY EQUITIES NORTHWEST, DENYING THE: REQUEST,
ENTERING FINDINGS AND CONCLUSIONS.
WHEREAS, the applicant requested a review of a Director's interpretation of
Section 18.68.030 of the Community Development Code.
WHEREAS, the Tigard City Council heard the above request at its regular,
meeting of September 8, 1986. flitch A11ee appeared representing the
applicants.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Council upholds the Planning Director's interpretation
of the Community Development code as set forth in Exhibit "A".
Section 2: The Council, therefore, ORDERS, that the above reference 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 /_- 70, day of T c 1996.
-Magor - City of Tigard
ATTEST:
Acting City Recorder City of Tigard
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RESOLUTION NO. 86— //(.
Page 2
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august 21, 1986
C'
OREGON
25 Yeovs of SoNvkds
Mitchell R. Allee
19614986
Equities Northwest
5550 SW Macadam Avenue Suite 320
Portland, Oregon 97201
Dear Mr. Allee:
I have reviewed your request for a Community Development Code interpretation
relating to the 20 percent limitation for convenience sales and personal
services, day care facilities, eating and drinking establishments, personal
service facilities, and general retail sales in the I-P (Industrial Park)
zone. Section 18.68.030(2)(0) of the Code states that the above uses cannot
occupy more than 20 percent of the total square footage of the "development
complex" separately or in combination.
I have considered your request to include the entire Koll development on the
south side of Scholls Ferry Road in order to dent y a the 20 percent square
footage allotment for the Nimbus Center. This approach is not consistent with
the code for the following reasons:
1. "Development complex" is not specifically defined in the Code, but it
is/was intended at the time of adoption to apply to separate
development on separate parcels.
2. The Nimbus Center and Roll Development are located on separate
parcels divided by a public s?'reet.
3. The two projects were conceived and constructed at different times
and not under one cohesive development plan.
In order to resolve this issue as promptly as possible, your anticipated
appeal of this interpretation has been tentatively scheduled for City Council
review on September 8, 1986, at 7:00 PM. Please confirm your intention to
appeal as early as possible.
Sincerely,
sY iaa A. Monah ;
Directot of Commmuity Development
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13125 SW 91x61 Bhp,P.O.Box 23397,TfgarCL OrelDon 1VI223 (603)639-4171