Order No. 2010-0028

 

 

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 continued the hearing to September 7, 2010 at the point of deliberation, and left the record open until September 2, 2010 to allow the applicant to submit a written rebuttal.

 

6.                  The Newberg City Council continued the hearing on September 7, 2010. They deliberated and found that the proposal does meet the applicable Newberg Development Code criteria as conditioned. Order 2010-0027 had been drafted to affirm the Planning Commission denial of the proposal; the City Council decided to instead approve the project and reverse the Planning Commission denial, and therefore voted to deny Order 2010-0027 and directed staff to prepare new findings in support of the proposal. A new order number (Order 2010-0028) was assigned for approval of the gas station proposal findings. Approval of Order 2010-0028 with attached findings will formally approve the Fred Meyer gas station proposal.

 

 

 

1.                  The City Council finds that the conditional use permit/design review application does meet the applicable Newberg Development Code criteria as conditioned, and adopts the findings and conditions of approval, 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. This decision reverses the Planning Commission decision.

 

2.         The conditional use permit/design review application is hereby approved with the conditions as shown in Exhibit A.