Order No. 2010-0027

 

1.                  On January 9, 2009 an application was submitted by Fred Meyer Stores, Inc. requesting a conditional use permit and design review approval for a new gas station at the Fred Meyer property located at 3300 Portland Road. On February 12, 2009, a hearing was held by the Newberg Planning Commission and public testimony was accepted. The hearing was continued to February 26, 2009. This was later extended to May 14, 2009 and then to an undetermined date at the applicant's request to allow the applicant time to work with ODOT and allow the applicant and others time to submit additional information. The applicant submitted additional information on March 10, 2010 and the hearing was finally rescheduled for May 13, 2010. 

 

2.                  On May 13, 2010, the Newberg Planning Commission held a public hearing, accepted public testimony, closed public testimony, and continued the hearing at the point of deliberation to June 10, 2010. They left the record open for 7 days for additional written testimony to be submitted into the record, and gave the applicant 7 days to respond to the additional testimony. On June 10, 2010, the Planning Commission continued the public hearing, deliberated, and decided that the application did not meet some of the applicable criteria, primarily due to problems with on-site traffic and circulation on neighborhood streets. The Planning Commission tentatively decided to deny the application pending revised findings.

 

3.                  On July 8, 2010 the Newberg Planning Commission adopted Resolution 2010-262, finding that the conditional use permit/design review application does not meet the applicable Newberg Development Code criteria, and therefore denying the application.

 

4.                  On July 21, 2010 the applicant appealed the Planning Commission decision to the City Council.

 

5.                  After proper notice, the Newberg City Council held a hearing on August 16, 2010 to consider the appeal application. After the staff report and public testimony, the City Council finds that the proposal does not meet the applicable Newberg Development Code criteria and affirms the Planning Commission decision, therefore denying the application.

  

 

1.                  The City Council finds that the conditional use permit/design review application does not meet the applicable Newberg Development Code criteria and adopts the findings, which are attached hereto as Exhibit “A”.  Exhibits “B”, “C” and “D” are included for supplemental information. Exhibits “A”, “B”, “C” and “D” are hereby adopted and by this reference incorporated.

 

2.                  The City Council finds that the Planning Commission properly identified criteria and evidence, and that they did not err in their decision. The Council therefore affirms the Planning Commission decision denying the gas station application.

 

Denied by the City Council of the City of Newberg, Oregon, this 7^th day of September, 2010.