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Hearings Officer Packet - 05/27/1982 - Schoolhouse Antiques 1111111111111111111111111111111111111 MIR 1640 HEARING OFFICER DECISION g/82 Schoolhouse Antiques Cu 10-82 amaiimm:iovisimuiallowimoommaiftwal •• f r BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION FOR ) A CONDITIONAL USE PERMIT FOR THE OUT- No. N' $1-1•1" SIDE DISPLAY AND SALES OF MERCHANDISE ) TN A C-3 ZONE; Schoolhouse Antiques, ) CU 10-82 Applicant. ) The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of May 27, 1982, at which time the applicant or its representative was not present and the matter was continued to the regularly sche- duled meeting of June 10 , 1982 , at which time testimony and evidence was heard; and The application was for a conditional use permit to allow for outside display and sales of merchandise incidental ' to an existing permitted use in a C-3, General Commercial Zone, on property more specifically described as Tax Lot 900 , 1S1 3500 , City of Tigard, Washington County, Oregon; and The Hearings Officer conducted a public hearing on Tune 10 , 1982, at which time testimony, evidence and the planning department staff report were received; and The Hearings Officer adopts the Finding and Conclusions contained within the staff report, a copy of which is attached hereto and incorporated by reference herein, and marked "Exhibit A" ; therefore IT IS HEREBY ORDERED: Conditional Use 10-82 is approved subject to the condition , that the outside display and sales shall be limited to an area adjacent to the building, leaving at least three (3) feet for pedestrians between the outside of the display and parking areas or the public right-of-w DATED this, 7,4 ' day of June, 1982. HEARINGS OFFICER APPROVED: L :ETH s •UNT n f Page 2 - CU 10-82 STAFF REPORT AGENDA ITEM 2.4 CITY OF TIGARD HEARINGS OFFICER May 27, 1981 - 7:00 p.m. Durham Waste Treatment Plant - Conference Room Corner of SW Hall and SW Durham A. FACTS General Information Case: Conditional Use (CU 10-82) 11P0 #2 Request: For a Conditional Use PermLt to allow for outside display and sales of merchandise incidental to an existing permitted use in a C-3 General Commercia'. Zone. See Attachment A. Recommendation: Based on staff .review, applicable planning policies and site inspecticus, staff recommends that tilt Hearings Officer approve the request subject to condition on page of the Staff Report. Applicant: Schoolhouse Antiques Owner: Hoffaberer Associates 11875 S.W. Pacific Hwy. 12005 S.W. Hall Tigard, Oregon 97223 Tigard, Oregon 97223 Location: 11875 S.W. Pacific Hwy. (Washington County Tax Map lSl 350J,Tax Lot 900) Lot Area: Approximately 48,000 square feet Present Zoning Designation: C-3 (General Commercial) NPO Comment: NPO #2 is inactive at this time. Public Notices Mailed: 12 notices were mailed. No comments had been received at the writing of this report. Background: In April of this year the applicant was notified that they were r' in violation of Sections 18.80.030(4) and 18.28.020(37) of the Zoning Ordinance. They read as follows: Temporary Use 18.80.030 (4) That the temporary occupancy required :.s limited in duration by the purposes for which the permit is sought, such as parade stands, circus, fairs, or other exhibitions, sales and goods, wares, merchandise, produce, or Christmas trees, and other similar obviously temporary needs; and that there exists adequate ingress and egress when combined with permanent use of property; there exists adequate parking for customers of temporary vendors; the use will not result in congestion on adjacent streets; and the use poses no hazard or inconvenience to pedestrians or vehicles in the area of the use. r• STAFF REPORT CU 10-82 Page 2 Conditional Use 18.28.020 (37) Any business, service, processing, storage or display essential or incidental to any permitted use in the C--3 zone and not conducted entirely within an enclosed building. Vincinity Information: The surrounding land uses are as follows: The site is in an area of developed General Retail Commercial Uses. The surrounding properties are all zoned C-3 (General Commercial) and are designated Commercial Retail on the Comprehensive Plan. Site Information: There is an existing furniture store on the site, close to the corner of S.W. Hall Blvd. and S.W. Pacific. The applicant wishes to display and sell merchandise against the outside of the building. There is an area approximately 3 feet wide between the building and the asphalt parking area on the S.W. Hall side, and an area approximately the same width between the building and the S.W. Pacific Highway side of the building that the applicant wishes to use for this purpose. There is a temporary use issued for an operation on the west side of the site for the selling of bedding plants. The temporary use for that operation expires May 30, 1982. There are 34 parking spaces available on the site. The furniture store is 8,500 square feet and 10 spaces are required for that use. The bedding plant operation requires the minimum 4 spaces. In addition, 6 spaces have been leased by one of the neighbor- ing tenants. A total of 20 spaces are required, with 34 available, parking is adequate. There are three access and egress points to the site. There are two access points off of Pacific Highway on either side of the existing bedding plant operation and one access to S.W. Hall at the north end of the site. The proposed use would not impair access, traffic circulation or visual clearance. B. APPLICABLE PLANNING POLICIES 1. LCDC Statewide Planning Goals a. Citizen Involvement - The intent of this goal is to insure the opportunity for citizens to be involved in all phases of the Planning process. Notices were sent to property owners of record within 250 feet of the site on May 17, 1982. A public notice was published in the Tigard Times on May 13, 1982. b. Land Use - All applicable LCDC Goals and Guidelines, NPO #2 policies and Tigard Municipal Code sections were considered in the review of this application. c. Public Facilities - Public facilities including water, sewer and storm drainage are adequate. • • STAFF REPORT CU 10-82 • Page 3 d. Transportation - Vehicle circulation on and off site is adequate and the proposed use will not impair vehicle or pedestrian circu- lation. 2. Applicable NPO / 2 Policies: POLICY 21. 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 developmert occurs, the number of access points should not exceed the number necessary for property on-site traffic circulation and, where possible, should be combined with access to adjecent businesses. POLICY 23. Businesses on i'acifiL 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 on Pacific Highway. POLICY 24 . Development will coincide with the provisions of public streets, water and sewerage facilities. Those facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet City or County standards. The proposed use will not require additional access points to Pacific Highway. Further, no new development is proposed on the site; an existing business is being extended without impairing vehicle or pedestrian circulation. As mentioned in site information, all necessary public facilities are adequate. 3. Tigard Municipal Code : a. 18.28.020 Conditional Uses. In the C-3 zone the following uses and their accessory uses may be permitted as conditional uses when in accordance with Chapters 18.72 and 18.84. (37) Any business, service, processing, storage or display essential or incidental to any permitted use in the C-3 zone and not conducted entirely within an enclosed building. b. Section 18.72 - Conditional Use: Currently, there are no criteria on standards within this section of the ordinance in which to evaluate any Conditional Use proposal. Thus, staff rely on LCDC statewide planning goals and other city policies in the review of this proposal. STAFF REPORT CU 10-82 Page 4 c. Section 18.60.120 - Minimum parking requirements: According to the zoning ordinance, the furniture store must supply 10 parking spaces; 34 spaces are shown on the plan and will be provided on site. SUMMARY: Staff feels that the proposed incidental outside display and sales proposed complies with all applicable plan policies and code provisions. CONDITIONS 1. 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