Loading...
Resolution No. 90-22 CITY OF TIGARD_ ORRC-ON RESOLUTION NO. 90-;a IN THE MATTER OF THE T.DOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF AN APPE":L OF A PLANNING COMMISSION DECISION TO APPROVE A SIGN CODE EXCEPTION ARD VARIANCE APPLICATION (SCE 89-14/V 89-33) PROPOSED BY LANDMARK oRD (JIM CORLISS). WHEREAS, the Commission reviewed the case at its meetings of December 19, 1989 and January 30, 1990; and WHEREAS, the Commission approved the application with modifications to the original proposal (Final Order No. 90-03 PC); and WHEREAS, this matter came before the City Council at its meeting of March 26, 1990, upon the vaguest of the applicant; and WHEREAS, the Council reviewed the evidence related to the applicant's appeal. THEREFORE BE IT RESOLVED that the requested appeal is APPROVED and the Planning Commission decision is amended based upon the facts, findings, conclusions, and conditions Of apprc-ral noted in Exhibit "A". The Council further orders that the City Recorder send a copy of this final order to the a£plicant as a notice of the final decision in this matter. �_d PASSED: This _� day of April, 1 O.. 7 r` fl- I ''4 �'Gcrnia R. wards, Mayor City Of Tigard ATTEST: Tigard City Recorder 1-7 SCE 89_14.RES/kl RESOLUTION NO. 90�a PAGE 1 I EXHIBIT "A" A. FACTS 1. General Infnrmation CASE: Sign Code Exception SCE 89-14, Variance V 89-33 REQUEST: Request to allow four free standing signs with a sign face area 510 square feet where two signs with a sign face area of 230 square feet are normally allowed. Three of the signs are to be freeway oriented. The individual size (per face) of these sia_ns are as follows: 64.65 square feet, 154 square feet, 287.13 square feet along I-5 and 40 square feet to be located on a different frontage. APPLICANT: Landmark Ford Inc. 12000 SW 66th Tigard, OR 97223 OWNERS: Jim Corliss 9750 SW Inez Tigard, OR 97224 LOCATION: 12000 SW 66th Avenue (WCTM 281 1AA Tax lot 100) COMPREHENSIVE PLAN DESIGNATION: Commercial General ZONING DESIGNATION: C-G (Commercial General) 2. Background Information The southwest portion of the property was annexed into the City on May 24, 1978. The western and northern portions of the property, with frontage along 68th Avenue and the Dartmouth Street were annexed into the City on March 30, 1981. The section of the property which includes the Landmark Ford building and the existing signs was annexed on April 8, 1983. On May 12, 1986, the City Council approved a Sign Cade Exception anplScation (SCE 2-86) to allow a fifth freea2an69ng sight of approximately 25 feet 11 inches in height and 151 square feet in area per side where one freestanding sign with a 70 square foot area and 20 � foot height was permitted (prior to the sign code amendment in 1988). The Council approved the application subject to several conditions including the removal of off-site signs, the removal of a 73 square foot, 20 foot high freestanding sign, and the removal of any remaining non-conforming signs by March 20, 1988. RESOLUTION NO. 90�Q PAGE 2 On March 23, 1987, the City Council approved a Sign Code Exception to allow some off-site temporary signs to be used until September 1, 1987, 4 (Case No. SCE 13-86). 3. Vicinity Information 66th Avenue and I-5 are immediately east of the subject property. One parcel zoned C-G (Commercial General) is located immediately to the southeast. All other properties in the immediate vicinity are zoned C-P (Commercial Professional). 4. Site Information and Proposal Description The subject property has frontage on 66th Avenue, Dartmouth Street, 68th Avenue, and Franklin Street. The Landmark Ford building has frontage and access onto 66th Avenue and the following signs are located in the vicinity of this building: Freestanding signs a. "Ford", 1:,4 sq. ft., 35 ft. ht. b. "Landmark Ford"/electronic readerboard, 151 sq. ft., 26 ft. ht. C. "Body & Paint", 21 sq. ft., approx. 8 ft. ht. d. "Service", 21 sq. ft., approx. 8 ft. ht. e. "Enter", 4 sq.ft., approx. 3 ft. ht. Roof sign f. "Landmark Ford", 179 sq. ft. Wall signs g. "Daihatsu", approx. 36 sq. ft. h. "Body shop", approx. 50 sq. ft. Temporary banner i. Ford products, approx. 26 eq. ft. The applicant originally intended to install the signs listed above in the general information section of this order in a series of phases. After discussing the proposal with the applicant at the December 19th isca isiy, Ll— CVs:Lnuii tabled the case for the next nearing date for the purpose of allowing time for the applicant to meet with the staff to develop an amended sign proposal that would be more consistent with Code standards. RESOLUTION NO. 90-.�;_) 'PAGE 3 The revised proposal presented by the applicant at the January 30th hearing included the addition of a 98 square foot Daihatsu sign to the `.. existing Landmark Ford sign (151 eq. ft.) for a total of 249 square feet, the retention of the 154 square fool Ford freestanding sign, the Installation of a 40 square foot freestanding sign near the corner of Dartmouth and 68th, the limitation of wall signs on the mite to 106 of the wall area for the used car center and new car showroom end 66 for all other buildings. The applicant also proposed an alternative to the Daihatsu sign addition "any using a 57 rather than the 98 square foot sign for a total of 208 square feet. .. ...ria,.a .s na d ecaura h Codes only allows for one freeway oriented sign with�amaximum size of 160 square feet per side and 35 feet in height; and for one additional freestanding sign facing another street frontage, with a maximum size of 70 to 90 square feet and 20 to 22 feet in height, depending upon the setback from the property line. The revised proposal includes a freeway oriented sign, a freestanding sign with orientation towards I-5, and a second freestanding located on a different street frontage. 5. Acencv and NPO Comments The Engineering Division, General Telephone, State Highway Division, Portland General Electric, and Tualatin Valley Fire and Rescue District have no objection to the proposal. The Building Inspection Division indicates that permits and an engineer approved detail for the sign footings will be necessary. No other comments have been received. B. FINDINGS AND CONCLUSIONS As proposed, a Variance is necessary to approve this proposal because it goes beyond the basin_. Cods vaquirements for number and size of signs, as •woll as the allowances that are available through the Sign Code Exception process. The Variance criteria which are relevant are listed in Section 18.134.050 (A) of the Community Development Code: 1. The proposed variance will not be materially detrimental to the purpose of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other- properties therproperties in the same zoning district or vicinity: 2. There are special circumstanc+rs that exist which are particular to the lot size or shape, topography, or other circumstances which the applicant nas no control and which are not applicable to other properties in the same zoning district; 3. The use proposed will De the same as permitted under this title and City standards will be maintained to the greatest extent that is RESOLUTION NO. 90-% reasonably possible while permitting some economic use of the land; �., 4. Existing physical and natural systems, but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected anymore than would occur if the development were located as specified in this title; and S. A hardship is not self imposed and the variance requested is minimum variance which would alleviate the hardship. The City council fines that the nrnpc,oal __ ___siLtent with the _wove variarce criteria for the following reasons. 1. The purpose of the Code is to reduce the amount of sign area and numbers of signs within the City limits in order to provide for an aesthetically pleasing environment. The proposal will allow more freestanding sign area along the I-5 frontage but the total amount of signage on the property will be limited, as noted in the conditions of approval below, in a manner consistent with the intent of the Code. 2. There are Special circumstances with respect to the size and amount of street frontage of this property which justify the allowance of two signs along the I-5 and 66th Avenue frontage of the size proposed. 3. The total amount of proposed signage is consietent with the intent of the Code standards and therefore the Council finds that the proposal will comply with the Code to the extent reasonably possible. 4. Existing physical and natural systems would not be affected by this proposal. C. DECISION The Cita. Council approves SCE 89-14/V 89-33 as amended by the conditions of approval noted below: 1. Prior to erecting any signs, sign permits shall be issued by the Planning Division. STAFF CONTACT: Viola Goodwin, Planning Division, 539-4171. 2. Sign permits shall be obtained for the Daihatsu wall sign and directional sign on 68th Avenue before any other permits are issued. STAFF CONTACT: Viola Goodwin. 3. The applicant shall be permitted to construct signs on the property in accordance with the following: a. One freeway oriented sign with a maximum area of 208 square feet per, face and a maximum height of 35 feet; b. Retain the existing Ford freestanding sign (154 sq. ft. per face); RESOLUTION NO. 90-�-- PAGE 5 C. No other freestanding signs along the I-5/66th Avenue frontage, with the exception of directional and temporary signs; d. Construct a new 40 square foot per side, 6 foot high freestanding sign located near the Dartmouth/68th intersection; and a. A limitation of wall signage on the property to SOLE of the wall area for the used car center and new car showroom buildings a-ad 68 of the wall area for all other buildings on the property. a_ The ..znco nfo m i,ng yah-a&uajfk Ford roof sign shall be removed or modified to conform with Chapter 18.114 (Sign Code) of the Community Development Code prior to April 8, 1993. STAFF CONTACT: Viola Goodwin. 5. The temporary banner located along the 68th Avenue frontage shall be removed or reduced to a maximum of 18 square feet. STAFF CONTACT: Viola Goodwin. THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE NOTED BELOW. RESOLUTION NO. 90-._2 PAGE 6