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Ordinance No. 84-27 CITY OF TIGARD, OREGON ., ORDINANCE NO. 84--27 a. AN ORDINANCE ADOPTING FINDINGS AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A COMPREHENSIVE PLAN MAP AMENDMENT (CPA 4-84 WGK DEVELOPMENT) AND DECLARING AN EMERGENCY. E t WHEREAS, the subject property contains 4.33 acres and was annexed into the City on February 8, 1978. A zone change from RU-20 to C-P was approved on June 12, 1978 by the City of Tigard; and WHEREAS, NPO #3 recommended that the site be rezoned R-40 when the Comprehensive Plan was in preparation in January 1983; and WHEREAS, a site development application to construct 80 condominium units has been submitted to the City for Planning Commission review. The units are proposed to contain 2 bedrooms, 2 bathrooms, and a one car garage for every unit. They are proposed to be owner occupied with Home Owners Association ownership and maintenance of all buildings, landscaping and utilities; and WHEREAS, the applicant is proposing to begin site development in August, 1984; and 4. WHEREAS, multiple family development in King City is located to the south. Single family houses on large lots are located to the north and west. Pacific Highway and a frontage road borders the property on ti,e east. Beef Bend Road, a major collector street, borders the property on the south; and WHEREAS, the subject property contains a south facing slope with 7% to 20% contours. The elevation ranges from 240 feet at the southwest corner to 310 feet at the northwest corner; and WHEREAS, the only specific development pattern that has occurred in the area is multiple family development; and WHEREAS, Unified Sewerage Agency has indicated that sewer lines with adequate capacity are available.. Tigard Water District indicates adequate water lines are available. All other facilities and services are available to serve this property; and WHEREAS, this application complies with sections 18.22.030 and 18.22.040 of the Tigard Community Development Code which identifies the following standards and procedure for Comprehensive Plan Amendments aad Zone Changes A. This application will not adversely affect the health, safety, and welfare of the Community. Further, it is in compliance with the policies of the Comprehensive Plan as identified in the attached reports (Exhibits "A" and "B"). ...._. ._._.___ i B. This application is in compliance with LCDC Goals as identified in Exhibit "A". i C. This application is in compliance with all provisions of the j development code identified in Exhibit "A" I D. There is evidence that a mistake in the Comprehensive Plan 1 0 occurred when the subject property retained an office commercial designation during the plan update in 1983. Further evidence of that fact is identified in Exhibits "A" and "B", and WHEREAS, this site complies with the location criteria for high density development as identified in Exhibits "A" and "B"; and '. WHEREAS, at the April 23, 1984 City Council hearing, Fred Anderson, the adjacent property owner to the north, expressed the following 10 concerns: 1. Providing public sanitary sewer service to his property, Roger Anderson's property and Robert Wyatt's property and demonstrating sewer line capacity. 2. Limiting this development to 2 stories. ;rL„ rrr- n:nc_ n,d r._.,. onE nrq Conditionsand �A Restrictions. ( 4. Identifying any storm sewer problems in the area. 5. Providing a 6-foot high sight obscuring chain link fence along the anterior property lines. 6. Maintaining a minimum 35-foot side and rear yard set backs adjacent to low density areas. 7. Developing ownership as oppose..a to rental units. 8. Investigating the traffic circulation and access problems in the area. 9. Providing him wit:: a copy of the development plana prior to the Planning Commission hearing and prior to site development. 10. A condition that the Planning Commission review this development prior to building permits; and WHEREAS, the applicant is willing to accept modifications to the above concerns 1, 2, 5, 6, and 10, as conditions to the Comprehensive Plan and Zone Change Approval. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. The City Council upholds the Planning Commission's approval of t the Comprehensive Plan land use map amendment as proposed and set forth in attached Exhibit "C” (Map) and "D" (legal description). ORDINANCE NO. 84- _ Section 2. The following conditions shall be attached to the approval of CPA 4-84 and 2C 4-84: A. Public sanitary sewer within public easements shall be provided to the north property line of the subject property. B. The northerly row of units shall be limited to two stories and garages shall not be located between these units and the north property line. C. A six foot high sight obscuring chain link fence shall be located along the north property line. D. A minimum 35 foot set back in accordance with the approved Variance V 6-84, shall be maintained along the property to the north designated low density residential. E. Development plans for the subject property shall be reviewed by the Planning Commission. During that review the Planning Commission shall address utilities, storm drainage, placement of buildings, landscaping, and traffic circulation and impacts. Section 3. Inasmuch as it is necessary to revise the City's Comprehensive Plan Maps to allow development in a timely manner, an emergency is d6s( %ATPd r,e. exiar and rh4gz nrd;n.a*+ca shell_ hornme effmrt+vo upon its passage by Council and approval by the Mayor pro-tem. PASSED: By unG-r%11>9acn.S vote of all Council members present after • being rcad by number and title only, this day of 1984. Deputy City Recorder City of Tigard APPROVED. This day of 1984. Mayor pro tem - City of Tigard (hN•br/1539A) - 4 ORDINANCE NO. 84- ��Page 3 RYAN O'BRIENX I+1 Planning Consultant 1134 S.E. 23rd Ave. ® Millsboro, Oregon 97123 = (503) 6448-4061 February 15, 1984 Application for a Zone Change and an Amendment to City of Tigard Comprehensive Plan. Applicant and Property Owner: Dale McCulloch of WGK Development Corporation. Tax Lot 1000, Trap 2S1-1OAC 4.33 acres - Located on the northwest corner of Beef Bend Road and Hi ghwa y 99. Reauest: Change from Office Commercial to High Density Residential at 40 units per acre and a zone change from C-P to R-40. ine current plan for +eve!opmeni- or the prc.�c�a iG .. + -�n_ . condo- minium project on 4.33 acres at a density of 23 units per acre. However, if the open space along the north west corner of the property is romoved from the density calculation, the net density would be about 28 units per acre. A slightly higher number of units may be proposed, but the exact numbers will not be known until the final designs are propared_ These units are proposed to have 2 bedrooms, 2 baths, and one car garage for every unit. They will be owner occupied, and all buildings, improve- ments and landscaping will be maintained by a homeowners association, BACKGROUND AND HISTORY The applicant has owned the property for about 15 years. Sewer service became available only a couple of years ago. The property was annexed into the City and rezoned C-P in 1978. The applicant purchased the property in order to develop commercial offices. During the Comprehensive Plan preparation in early 1983, the NPO requested the subject property to be designated high density residential and rezoned R-40. At that time, the applicant had an office commercial development pending with committments to develop with other individuals. The applicant was opposed to such a change due to the pending development. This deal recently fell through and the suggestions of high density for the property by the NPO caused the applicant to study the market potential for condomin- iums. The results showed the development to be desi.rable and economical. ® If this applica-tion is approved, building permits will be requested in May 1984, and all site work and construction of the first few units will be accomplished by August, 1984. GENERAL DESCRIPTION OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA The subject property contains a southeasterly facing slope with grades Pa ge 2 McCulloch Zone Change and Amendment generally ranging from 7% to 20%. The elevation ranges from 240 feet at the southeast corner to 310 feet at the northwest corner. It is developed with an old, abandoned single`.family house. Mature coniferious trees are located along the west and north property lines. Decidious treed are located around the house at the southwest corner. Mature trees and bushes are located at the south boundary along Beef Bend Road. Access is available by a highway frontage road and Beef Bend Road. All adjacent land is vacant except for one SFR house to the west and medium density housing in King City to the south. No specific development pattern has occured in the area except higher density residential housing. COMPLIANCE WITH THE COMPREHENSIVE PLAN Sections 18.22.030, 18.22..040-of the -Ti ga-rd Community Development Code establishes standards and proceedures for Comprehensive Plan Amendments and Zone Changes. A decision is based on the following four findings: 1 . The applicable comprehensive plan ploi cies and map designation; and u. The chan,.,, -not !R vp-r-sel v affect the health, safety and welfare of the community. 2. The statewide planning goals adopted under ORS Chapter 197. until acknowledgment of the Tigard ComprehensivePlan and ordinances. 3. The applicable standards of any provision of this Code or other i applicable implementing ordinance. 4. Evidence of change in the neighborhood or community or a mistake i or inconsistency in the comprehensive .plan or zoning map as it relates to the property which is the subject of the development ap- pli cation. COMMENT ON FINDING 1 This finding requires a complete review of the Comprehensive Plan Policies, the Map designation and the effect on the Community. All of these factors are addressed in the following responses to Comprehensive Plan Policies. POLICY 1.1 .1 Comprehensive Plan Amendments are intended to be available on a semi annual basis. Such amendments shall comply with the Comprehensive Plan. This amendment has been demobs tra ted to comply wi th the procedure for plan amendments and zone changes, and the Comprehensive Plan text. r Pa ge 3 McCulloch Zone Change and Amendment, POLICY 2.1 . 1 Citizens shall be provided the opportunity to be involved in all phases of the planning process. This application was reviewed by NPO #3, and unanimously approved on Februaty 13, 1984. They expressed the consist- antcy with their previous recommendation in early 1983. They also felt that this higher density would benefit_ the City in its LCDC review and input will be available at the Planning Commi cion and City Council Hearings. POLICY 3.1 .1 The City shall restrict development on land with slopes in excess of 25% unless technical data can--demonsrtate that-such land is suitable for development. Only about 5% of the site is 20% to 30% in slope'. This area will remain in open space. Therefore, this property can reasonably develop with high density housing in compliance with this policy. POLICIES 3. 4. i xNL 3.4.E The City shall protect natural habitats from plants and animals, and require developments in designated -timber areas to be reviewed-:through the planned development to minimize tree removal. - _The-subject property doesn' t contain significant habitats and -very few trees are located on the property except at the sout:iwest corner, along Beef Bend Road, and along the north and easy property line. Most of these trees will be preserved in accordance with this policy. s� POLICY Me! The City shall encourage private enterprise to provide open space and recreational areas, and to preserve natural areas. No parks will be built in conjunction with this development. However, open space and preservation of natural areas will occur in compliance with this policy. POLICY 5. 5.1 The City shall promote diversification of economic opportunities. This application will remove commercial land from the City. However, many other locations in the City where such development can occur are avail- able. The long distance from the CBD lowers the desirability of the subject property for office commercial use. Currently, a significant supply of vacant commercial office space is available at Durham Road and Highway 99. However, only a limited supply of vacant condominiums are currently on the market in this area. Pa ge b McCulloch Zone Change and Amendmont I POLICY 6.1.1 The City. shall provide an"lopportuni ty for a diversity of housing densi- ties and residential types at various price and rent levels. This development complies with this policy by the provision of alternative housing at higher density and at less cost than conventional single family housing. The average cost of a new SFR home has riser. from $22, 700 in 1970 to $76.000 in 1980• These high prices are a major concern of the Tigard residents. POLICIES 6.3.1 , 6.3.2 and 6.3.3 When new development is proposed, the City shall maintain and improve established residential areas by density transfers, compatible housing - types and- design standards. - There -is no -established- development-pattern occuring in this area. Therefore, compliance with Development Code requirements will automatically provide compliance with these ploicies. POLICY The 'City shall encourage flexible and efficient development in developing areas. The 'subjec't property is in a developing area and will develop with flexibility and efficiency in compliance -with this policy. POLICY 7.1.2 Redevelopment shall be conditioned on the availability of public services and facilities. All public facilities and services are available to this site. An 8" sanitary sewer line is available in King City and 12" water lines are available on both HLUgv�1hway 99 and Beef Bend Road. POLICY 7.7.1 Coordination shall occur with other service- providers on land use plan- ning. All these other agencies were contacted about this application and no objections occured. POLICY 7.8.1 The school districts shall be involved in land use planning. They have been notified of this application and have indicated that school capacity is available. .' POLOCIES 8."1..:3x�8. .2�:sxid .81 �;3 The City shall provide a safe and efficient transportation system to k I Pa ge 5 E McCulloch Zone Change l and Amendment meet current and future growth needs by coordination with other agencies . The transportation improvement conditions and conditioning developments for the subject property will occur following transportation studies and the preparation r development plans. This preliminary application stage may be too early to determine what improvements may be required. POLICY 8.2.2 The, City shall encourage use of transit by locating intensive uses close to transit ways= Both streets in front of the subject property are transit ways. Therefore high density on the subject property is in full compliance with this policy- POLICIES -9.1 --2 olicy.POLICIES -9.1 .2 and 9.1 .3 The City shall encourage a balanced transportation system whi ch compl e- ments land and emphasizes energy consumption by design. High density r^r?- ��nits next t0 ffiajor transportation facilities, transit, and shopping will be energy efficient and' prowote a balanced transportation system in compliance with this policy. AREAS OF SPECIAL CONCERN The subject property is in NPO #3, but is not specifically identified as an area of special concern. POLICY 12.1 -1 "ne City shall provide for housing in accordance wit a. The applicable plan policies b. The applicable locational criteria C. The applicable community development code provisions All of these concerns have been addressed in -this report. The locational criteria for high densi tVy housing is as follows: 1. Areas which are not committed to low density development. 2. Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. 3. Areas which have direct access Brom a major_ collector or arterial u street. 1. Areas which are not subject to development limitations. Pa ge 6 McCulloch Zone Change and Amendment 5. Areas where the existing facilities have the capacity for additional • development. 6. Areas within one quarter mile of public transit. 7. Areas within one quarter mile from neighborhood and general commer- cial shopping centers or business and office centers. 8. Areas adjacent to either private or public permanent open space. This application is in compliance with all of these factors except the last one which deals with open space. This identified open space may not be very important if adequate open space is provided on site or if single adults or childless couples occupy the units. Traditionally these types- are- -the:..ma.inoccupants--of condominiums. :=_The, density of: development depends on the following factors: 1 . The topography and natural features of the area and the degree of possible buffering from established low density residential areas. 2. 'he capacity pact y V r "c ".;crK. 1 uclmoi 3. The distance from public transit.- 4. The relationship of the site to existing neighborhood• and general commercial -centers and office and business centers. This application is in full: .compliance with :these factors. COMMENT ON FINDING 2 Until acknowledgement of the Ti gard Comprehensive Plan;_LCDC Goals still apply, although the plan has been prepared to comply with these goals, the following findings are provided for suppementary evidence to demon- strate emonstrato compliance with applicable LDDC Goals: Goal 1 - Citizen Involvement Will be provided through the hearing process an the NPO pro gram. Goal` -2 - Land Use Planning This application complies with the ammend ment and zone change procedures established by the City. Goal 5-= Preserve Open Space and Natural Areas - This will be provided. Goal. 7 Natural Hazards - Ilona exist on the property except the steep slopes which will remain in open space. Goal $ Recreational Needs - Adequate recreation -and open space will be provided on site. Pa ge 7 McCulloch Zone Change and Am en dm en t Goal 9 - Diversify the Economy - Adequate commercial land is available to meet citizen needs. Goal 10 - Housing - This application will help provide a needed housing type in the general area. Goal 11 - Public Facilities - All are available to the subject property. Goal 12 - Transportation - Adequate facilities are available to serve the subject property. Highway 99 is a major arterial wi . Beef B 5 eef ng traffic lanes. The same number is proposed in the future. end Road is a major collector street with 2 travel lanes. County pro j ections show the need for 3 travel lanes in the future. The frontage road is 24 feetin width, but expands to 3 lanes at Beef Bend Road. No traffic _ _ counts. are available 'forpthe 'frontage road, ' But- it "should b� very lim=' fie on the other streets are as follows: ited. . Year 2000 peak hour traf Beef Bend Road Highway 99 wasterly 2.50 VPH south 1000 VPH .mTr easterly 150 VPH north 'r 5L H,11 Goal 13 Conserve Energy High density attached units conserve energy. COMMENT ON FINDING 3 This application is in compliance with all provisions of the development code. The dimensional standards are as follows: 80% lot co vera ge 60 foo t hei ght limi t 20 landscaping 1 . 5 parking spaces per unit 35 foot side yards 25% slope limit -for development 20 foot front yards COMMENT ON FINDING No specific changes have occured in the area except the over supply of commercial. office space in the general area. Most of the development in the immediate area has been residential. After a careful review of this property by the applicant and expert marketing people, it is appar- ent that retaining the commercial designation on the subject property was a mistake. The City previously considered high density as a reason- able use for the subJect property but such a designation did not occur because of the applicants opposition. Respecting the property owners wishes -based on historical zoning was probably the proper City action, and the applicant appreciates it. However, economic conditions change ` and the"original land use probably should have been high density Page 8 McCulloch Zone Change ' and Amendment residential when the property was first annexed into the City. A more ' comprehensive investigation by the applicant and the City probably would have resulted in a high density designation. Now that a more complete r=eview has occured, new information has become available and a mistake hawbeen demonstrated, this comprehensive plan amendment and zone change should be approved by the City. Additional Findings Prepared on April 30, 1984 3 1. Attached is a letter to Fred Anderson, adjacent property-owner_to the:north, which`acknowledges his concerns and provide a sesoonse to his concern by. the _-_ app Iberit --2This'response has resulted--in' the request that'one cond"Alor',"be " placed on this Comprehensive Plan Amendment application. "That.a site development plan for this pboparty-be reviewed by the Planning Commission at a public hearing prior to issuance of building r and site development permits by the City." _ __.... 2. Full development plans are currently being prepared by: the applicant. ,-These 3 plans.are-proposed to be reviewed by: the'Planning :Commission on June 5; 19,84.at a public hearing.' Ad nate opportunity will be available for all affected'persons *% P 9�' '_ � PP Y to attend this'hearingand voice their--concerns. X 3. The Tigard School District indicates no problems with School capacity:; ,They r are as follows: :; Flame •: Existing Enrollment Estimated Capacity._ .. x Templeton"Elem. 517 588 Fowler Jr High 872 1000 Tigard High School 1356 1450 4. Preliminary traffic studies show no major impact from this proposed development. : �. X � � ca Qa Y V C- O h Cgs 00 lop, • II°�Z V CA m www ry _ x � . !R a,. a► ` ' ' •�n rte+ adw jai + c,_,' OR , 1 E f �! t fix` b i� Q i 9 ,• ! �` Ash- t' f PW WRO { t. vv���y�¢y�`al. i I :9 ' gM x f }k� E A RYAN O'BRIEN Planning Consultant 1134 S.E. 23sti ry®. Hilisbor®,Oregon 97123 • (503)648-4061 f tEE April 30, 1984 � Fred Anderson 11550 SW Bull Mountain Road ligard, Or. 97223 Subject: McCulloch Condominium Dear Fred, The purpose of this letter.ie to clarify our position with regard to your concerns raised at the Tigard City Council Mdeting last week. As I recall they were as follows: 1. 'Providing public sanitary sewer.-service to your property, Roger Anderson's ert and demonstrating sewer line capacity. - property and:-Robert Wyatt's'prop y= 2. Limiting this development to 2 stories. 3. Providing you with proposed C.C.&R.'s. 4. Identifying any storm sewer problem in the area. 5. -Providinga 6 foot high sight obscuring chain link fence along the interior property lines. f. Maintaining a minimum 35: foot side and rear yard set backs adjacent to low i density areas. 7. Developing ownership as opposed to rental units. 8. Investigating the traffic circulation and access problems in the area. 9. Providing you with a copy of the development plans prior to the Planning ` Commission hearing and prior to site development. 100 Acondition that the Planning Commission review this development prior to building permits. Marey.-of--these canserns we agree-with-and some are in the study.stage at the current time. We feel that rro�st of thesneand notuat t'heaCitysresbed CounciltComprehensive hearing before the Planning Commissionminor as Plan Amendment hearing. The relative impact of this change less intensivetusP, ' proposal is from a more intensive use, office commercial, Page 2 McCulloch Condominium Nigh density residential. The traffic volume is almost identical at 600 trips per day, assuming 50,000 square feet of building area and 12.3 trips per 1000 square feet of office space, and 160 high rise apartment units at 3.7 trips per day._ Storm drainage would probably be greater with commercial, but wader con- sumption and sewerage would be greater for residential. The only conditions that should be considered with this Comprehensive Plan Amendment is the above listed concern no. 10. This condition was adopted by the Planning Commission at their public hearing. We suggested this condition to the Plann .ng Commission because of the concerns raised by you and King City. We agree that this is the best way to review a proposed development on the property. We are willing to acknowledge the other 9 concerns you raised in this letter and enter them into_ the City Council Plan Amendment Hearing Record. However., we feel theyishouldibe' addressed>in the'forme'of conditioris,:at the'Plantiinig.Xppmission io i-_ Site"Revew-Hearing and not at the City Council Comprehensive Plan Hearing. We feel.that.such conditions would provide an unreasonable cloud on the title without any public benefit :Normally -these types of conditions are handled at the site review as opposed to the Comprehensive Plan review stage. The following are our comments on your concerns 1 through 9: =- 1. ;The attached map,:Exhibit '!A", '.shows the proposed public"sewer::line that would provide;publit sanitary.sewer :service to you, Roger Anderson and Robert Wyatt. --- Letters from USA-indicate that'sewer..capacity -is available' for "a.11 •the property : . shown on the attached map (Exhibit "B"). The King City sewer line does not have a capacity problem. -There are a total-of 1200 units in King City and only about 300 that;:feed onto the sewer line ,on 116th Avenue. The capacity is about 1000 housing units.' 2. We are -willing to limit the dwelling units on the north property line to 2 stories. Currently- we are onll- planning to build only 2 story units. However, 3 'story units may `3e iu±�aidered For the Units further south. This should not be a concern to you because these lower units are 20 to 30 feet lower than the units along your north property line. Even if these lower units were 3 stories, you would not be able to see them from your property. 3. -We will provide you with the format and contents of the C.C.&R.°s prior to the Planning Commission Hearing, and prior to recordation. 4. We are preparing a storm drainage study that will be available for review at the Planning Commission Hearing. 5. We will part a 6 Foot chain link fence with redwood slats and landscaping along our north property line adjacent to your property. €i. We will maintain a 35 foot side and rear yard set back along the<adjacent low density areas. n accordance to the variance approved-by the Planning:Commi.ssion. 'averaoe set back will .be over 50 feet. . Howevrbx the 7. ` This development is intended to be primarily owner occupied condominiums. Page 37 ,- McCulloch Condominium 8. A traffic study has been prepared by Bob Keech, a traffic engineer, and will be available for review this week. 9. We intend to provide you with all development plans prior to the Planning Commission Hearing and prior to site development. I hope this information clarifies our position. We request a written responce from you indicating if we have adequately addressed all the concerns you have raised. If you have any questions or comments please give me a call. I will be looking forward to going over this material with you as soon as possible. Also, for your convenience, attached is a summary of all the Tigard code requirements that relate to this development. Sin rely,, Ryan. O'Brien { { I loop ocp- e t4 j HAUT w 1500 160,2 1700 uAeC .a Fc JroAu `. A. 1100 Of Ar, • I CNN/J//M R/AO LU7Na9AN C/Af.ML'N y,d e a f } ( saN• { 1200414 Aa i 1.*4 .IJ AC `� OA gw. .afa e na« x100 �•• JJJAC _ 1500 1600 3{3 $900 1400 2 .aJAc •f./JAC / . ,5 L64AC J.LIAC,_ b` :6 { / v� t 23-78 •�6jl �1/ t rAl. f �e 8 �/ b. S �. 1700 1700 .M>I. I fw'iY• I t 1000 wo r 700. i /NAC 1 a 1e><aaan � r g 1600 �• , JaAaa�¢• 9 ! /�y 600 1'00 `t BE'A!9^t��4F.1 --a!=e__Le A-148) xOQQ � '� ,. - ... .. !FQ Alii• a C; ' _ Y WAC. �O -._. 26 1 NC GG ` f _ � � _ � t`.qtr - • x STATEMENT OF SEWER SERVICE AVAILABILITY w This statement is supplied at the request of RYAN O'BNIEN dated 3/27/84 A copy of the request is attached. The property here- inafter referred to is the property described in the request. 1. The Unified Sewerage Agency has authority to and will supply sanitary sewer service to the property subject to compliance by the property owner, his agents and employees with all applicable rules, regulations and laws related to sanitary sewer j service. If construction of sewer lines other• than those designated for public con- I struction on the Washington County Master Plan for Sewerage Works is necessary, such construction will be the responsibility of the property owner except to the extent that the Agency may agree to participate in the cost. I 2. Treatment plant capacity adequate for the proposed use of the property (is) (J.)wx it) presently available and (will) (%tDQQ XM) be available during a period of one year following the date of this statement. If adequate capacity is not and/or will not during the ensuing year be available, future capacity is projected as II follows: I 3. A sanitary sewer line(s) adequate for the proposed use ) (is not) avail ( able to the property. If the property is in a city that has immediate control of local collection sewer lines, no line information is available from the Agency. If an adequate sanitary sewer line(s) is not available, the nearest adequate line is .from the property. The property can be served in the following manner: Depending on to®oaraohv these lots can be served U construction of public OWE from the existing line located in,S.W. 116th approximately 50 feet .011th n$ Roof Ran c9 Rnad I 4. The property QN) (is not) presently connected to a public sewer. 5. Additional remarks: This manhole is approximately 15 feet deep The foregoing statement is furnished to the person requesting it with the under- standing of the said person that it is based in part on ESTIMATES AND PROJECTIONS and AGES NOT CONSTITUTE A GUARANTEE OR COMMITMENT that adequate sewer service will be available to the property at any specific time. f UNIFIED SEWERAGE AGENCY F WASHINGTON CO r. TAXSAP 2S1 108D 1200 sy: JWNEAEDRICK Date: 3/30/84 75-52A :> ,s� ..11 STATEMENT OF SEWER SERVICE AVAILABILITY This statement is supplied at the request of RYAN O'BRIEn dated 312US4 A copy of the request is attached. The property here- inafter referred to is the property described in the request. . f 1. The Unified Sewsraf�-e Ager.•:y has authority to and will supply sanitary ewer l service to the property a.^-;art to compliance by the property owner, his agents and employees with all applicable rules, regulations and laws related to sanitary sewer service. If construction,of sewer lines other- than those designated for public con- struction on the Washington County Master Plan for Sewerage Works is necessary, such construction will be the responsibility of the property owner except to the extent that the Agency may agree to participate in the cost. 2. Treatment plant capacity adequate for the proposed use of the property (is) ( ) presently available and (will) ( t) be available during a period of one year following the date of this statement. If adequate capacity is not and/or will not during the ensuing year be available, future capacity is projected as follows: e. 3. A sanitary sewer line(s) adequate for the proposed use 9SR) . not) avail able to the property. ' If the property is in a city that has immediate control of local collection sewer lines, no line information is available from the Agency. of an adequate sanitary sewer line(s) is not available, the nearest adequate line is from the property. The property can be served in the following manner: Wending an top ra.h these lots can be served b1 construction of public sewer rom thre existing line located in S.W. 115th Ave approximately 50 feet 5asf BRan Rnad - k. The property (AX) (is not) presently connected to a public sewer. 5e Additional remarks: This manhole is approximately 15 feet s deep The fsregoingt statement is furnished to the person requesting it with the under- standing of the said person that it is based in part on ESTIMATES AND PROJECTIONS and DOES NOT CONSTITUTE A GUARANTEE OR COMMITMENT that adequate sewer service wi11 be available to the property at any specific time. r t UNIFIED SEWERAGE AGENCY OF WASHINGTON � COUtd r TAX MAP NO. 2Sl 10 DD, 1300, 1400 By: 15009 1700EANNE HEDRICK Date: a 5aA ..4._ +ka.x b;..,.,Hr ._,.., r_ ov'+c_•Y�'.tt..ar »I'si« r.%..tom.''.,.. ,u _ .,.- ?.. _r;t;,:, e.. ... , ..., STATEMENT OF SEWER SERVICE AVAILABILITY This statement is supplied at the request of RYAN 01BRIEN dated 3/27/84 A copy of the request is attached. The property here- inafter referred to is the property described in the request. 1. The Unified Sewerage Agency has authority to and' will supply sanitary sewer service to the property subject to compliance by the property owner, his agents and employees with all applicable rules, regulations and laws related to sanitary sewer ervice. If construction of sewer lines other than those designated for public con- struction on the Washington County Master Plan for Sewerage Works is necessary, such s construction will be the rosponsibility of the property owner except to the extent that the Agency may agree to participate in the cost. i 2. Treatment plant capacity adequate for the proposed use of the property (is) i (i?6xHE) presently available and (will) O be available during a period of one year following the date of this statement. If adequate capacity is not and/or will not during the ensuing year be available, future capacity is projected as follows: 3. A sanitary sewer lines) adequate for the proposed use ($Lit) (is not) avail- f able, to the property. If the property is in a city that has immediat! control of ` local collection sewer lines, no line information is available from the Agency. if an adequate sanitary sewer line(s) is not available, the nearest adequate line is served in the following from the property. The property can be s g manner: De endin o2� tv o raphy these lots can be served by construction of Public sewer fromthe existing line located in S.S.W. 116th Ave approximately 50 feet — — Eau oad 4. The property (W (is not) presently connected to a public sewer. � 5. Additional remarks: This manhole is approximately 15 feet deen -- 4 .The foregoing statement is furnished to the person requesting it with the under- . standing of she said gersoa fleet it is based in part on ESTIMATES AND PROJECTIONS and . DOES NOT CONSTITUTE A GUARANTEE OR COMMITMENT that adequate sewer service will be available to the property at any specific time. UNIFIED SEWERAGE AGENCY F WASHINGTON COUNTY . 2S1 10 80 1600. 2100 BY: TAX MAP kv0. NNE NEDttIC -— - 2S1 10AC 1400, 1300 Data. /30/84 � 1200®110901000 75-52A , _ 9 RYAN O'BRIEN Planning Consultant 1134 S.E. 23rd Ave. t • Hillsboro,Oregon 97123 ® (503)648-4061 REQUIREMENTS TO BE COMPLIED WITH FOR McCULLOCH CONDOMINIUM DEVELOPMENT, TIGARD. 20 feet - Front yard set back. 20 feet - Rear yard adjacent to C-P zone. 10 feet - Side yard adjacent to the C-P zone. 35 feet - side and rear yard adjacent to low density zone. 5 feet - Street dedication along Beef Bend Road. 80" of site - lot coverage for parking, patios and buildings. 20a0' of site - Landscapinq requirement. Screening and Buffering - 5° high sight obscuring fence, or hedge to grow 51 high in two years, or earth berm with landscaping. 15 feet - minimum buffer area and set back for parking from adjacent low density property. Planting material in 151 buffer area - Trees 15 feet O.C. At planting, 10' high for decidious and 51 high for evergreen. Plus five 5 gallon bushes or ten 1 gallon bushes for every 1000 square .feet of area. Balance of landscape area to be in lawn, bark dust, ivy or evergreen shrubs. Parking lot - to be screened from view, and a minimum of one landscape planter every 7 parking spaces, r 3 feet-- Minimum width for planters. �.4 i Curbs - Required for all planters in parking lot. Page 2 25 feet - Separation between building walls with windows. 15 feet - Separation between buildings with one blank and one windowed wall. 10 feet - separation between buildings with blank walls. 60 feet or 4 stories - Minimum building height. Building separation - If buildings are 60 feet long, then separation increases one foot for every 15 feet beyond first 50 feet of length. Building separation and set backs apply to covered patios and all other projections. 8 feet —Parking lot set back from Windowed walls. 5 feet - walkway separation from windowed walls. 10 feet - Parking lot separation from living room windows. 7 feet - Walkway separation from living room window. Street trees - '2" cal. at 4 feet high. Under 25' high with 16' branching, then 20' O.C. at 25' to 40' tall with 161 to 35' branching, then 30' O.C. At over 40' high with 35' wide branching, then 40 O.C. Parkinq Requirements - one covered parking space per unit and a total of 1.5 parking spaces per unit. g feet by 18 feet Parking dimensions of standard parking spaces. 8.5 feetby 15 feet Compact parking space dimensions. 25% = Maximum compact parking spaces that can be used. 3 feet Parking wheel stop set back. f 4 page 3 + k Landscaped Parking Planters —Every 7 parking spaces. 24 feet - Minimum back up and driveway width. "t Handicaped parking - One for every 50 parking spaces. Lighting - Required for this development and designed to not glare on adjacent E property. Private yards - To be screened from adjacent units by walls or landscaping, and a minimum of 4 feet inwidth and 48 square feet in area. To be orenited toward the sun. Common Open Space - A minimum of 200 square feet per unit. 80 units requires 16,000 square feet. Signs .- One square foot per unit. No requirements for a project sign. u feet - Minimum right angie engin or clearance for sight disiarice at; uie � Tr - and street intersection. Beef Eland Road - Washington County Major Collector Street with 70 feet of right- of-way, 5-foot sidewalks and 44 feet of curb to curb pavement. Conditions, Covenants and Restrictions - Format required with this application. Sitereviewplans required r Site plan, grading plan, landscape plan, existing and proposed Utilities, properties within 100 feet of development with owners indicated or. plans, and architectual and floor plans, 1 .. E RYAN O'BRIEN Planning Consultant 1134 S.E. 23rd Ave. Hillsboro,Oregon 97123 (503` 548-4061 Keith Liden May 3 , 1984 City of Tigard Tigard City Hall Subject: WGK Development Corporation Condominium Development Traffic Study. Dear Keith, Attached please find 2 copies of the traffic study for the above project. Copies have been delivered to ODOT and the individuals listed below. We plan to submit our development plans and applications to the City on Monday April 9, 1984, for the Condominium development. The plans are almost identical to the site plan shown 6n the last page of this traffic repurL. We plan to present Iiia Case to the --- - Tigard Planning Commission on June 5, 1984, and hope to receive comments from all affective parties prior to the hearing so they can be included in the Plann.ing Commission Record. More copies of this report will be available for Planning Com- mission review. The traffic report was prepared by Bob Keech, a well qualified traffic engineer. His findings, conclusions and recommendations are presented in the first section of this report. They are as follows: 1. Significant street and intersection capacity is available in the area. 2. Left turn movements from Beef Bend Road and Pacific Highway are less of a problem in the AM because of the 50 to 70 second cycle between green lights for left turns. There is a greater problem in the PM because of the 140 second cycle length. This can be corrected by reducing the cycle length between green lights for left turns. 3. Adequate sight distance is available at the proposed site entrance off Beef Bend Road. Traffic volume is not high enough to create turning movement conflicts. Therefore, this access will operate at an "A° level of service. 4. Both of the signalized intersections at Pacific Highway and Beef Bend Road and Bull Mountain Road operate at an "A" level of service in the AM and PM. The Beef Benet Road and Frontage Road intersection also operates at an "A" level of service. All of the turning movements at the Bull Mountain and Frontage Road intersection op- erate at an "A" level of service. However, the Frontage Road north of Bull Mountain Road operates at a "C" level of service for capacity of shared lanes. 5 The only actions recommended are street lighting and a request that ODOT review the signals on Beef Bend and Bull Mountain Roads to consider reducing the PM left turn cycle time. Page 2 Traffic Study for McCulloch Please review this information and submit your written or oral comments to the City of Tigard and myself at your earliest convenience. If you have any questions, please give me a call. cerely,, Ryan O'Brien c.c. Dale McCulloch Dick Bancroft Jane Duhane, Wash. Co. Dennis Borman, King City L� r� ' F McCulloch-Hering Homes Protect Traffic Impact Investigation I. %NTRODUCTION: Information for the following report was obtained from Ryan O'Brien. Planning Consultant; Washington County staff; and field review done March 13th and 14th, 1984. Ia. OBJECTIVES OF TRAFFIC IMPACT INVESTIGATION: The objective of this investigation is to examine the impact of a proposed 84 unit residential development. Ib. LOCATION: This development is located south of the Tigard on Beef Bend Road, 400 ft west of Pacific Highway.(See appendix A) Ic. SETTING: This development fronts on Beef Send Road. Bend " Aa3ns_9 Ra-„AA tm a "r eyed "• :ausa s va Jsway with no nidawal6Gs and RCS street lighting. Ported speed s 35 -p h. Beef Bend Road is a i designated ma>or collector (Washington County). �. Bull Mt. Road is located north of the site and is connected to Beef S ad Road by a frontage road that runs parallel to Pacific Highway. Bull Mt. Road is 24' wide with no sidewalks, 'and t no street lighting. The posted speed is 40 mph. Bull Mt. road is a designated major collector (Washington County). Pacific Highway, which is the nearest arterial, is a paved 4 lane highway, with no €sidewalb,:a. and no street lighting. Pacific Highway is a designated principle arterial (Washington County). II� f The daily traffic flows on these streets are as follows: Ia Street ADT(1) Pacific Highway 26.000 Beef Bend Road 2.000 Bull Mt Road 4,000 (1) Estimated from hourly traffic counts. The nearest Tri-Met bus service is on Pacific Highway, which is approximately 0.1 miles from site. Id. PROPOSED DEVELOPMENT: This site contains 84 multi- family residential units. It is anticipated that it will generate 360 I rlz `trips per day, .Site access is being proposed at one point on Beef Send Road 500 feet west of Pacific Highway. 11. FINDINGS Ohlr IIe. SITE GENERATED TRAFFIC: Table A is a summary of the projected traffic generation from this alto. The aite, is planned to contain 84 residential units. Appendix B contains a detailed calculation sheet. - E mo TABLE A Summary of traffic generation e, J IN OUT TOTAL AM 9 36 45 PM 40 16 56 ADT 540 IIb. TRAFFIC DISTRIBUTION: Traffic distribution is based on vehicle FriP tebles from Metre-ln itnn nint.rict.. (See --- a ppesndAn C) IIc. TRAFFIC PROJECTION: The projected traffic flow (Total ,� Traffic Flow) used in this study includes the existing, site generated, and anticipated growth by 1986. Le ?a Appendices D,E,F,and G contain details of the traffic projections. ter. IIe, ACCESS ANALYSIS: The access point on Beef Bend Road has adequate sight distance for the posted speeds. There Is less than 300 veh./hour conflicting with traffic coming in and out of the MW site. The single access point would provide adequate capacity for this proposed land use. (See appendix L. for additional details). Ile. AREA WIDE IMPACT: The area wide analysis included £taut intersections; Pacific Highway and Bull Mt. Road, Bull Mt. Road and Frontage_Road: Pacific Highway and Beef Bend Road: and Beef Bond Road, and Frontage Road. Table C is a summary of findings. (Worksheets are contained in appendices N,I J) l i i • TABLE C Area Wide Analysis Intersection Type of Control Existing Projected Demand/Capacity Demand/Capacity PaciFic&Bul! Mt Signal , AM 736/1275(2) 779/1275(2) PM 795/1275(2) 836/1275(2) Bull Mt&Frontage Stop Sign AM 991532 (1) 100/605 (1) PM 234/528 (1) 239/504 (1) Pacific&Bee£ Send Signal AM 376/1275(2) 418/1275(2) PM 721/1275(2) 770/1275(2) Beef Bend&Frontage Stop Sign AM 11/645 (1) 11/598 (1) PM 22/590 (1) 22/551 (1) (1) D Level of Service is maintained as long as (2) D Level of Service is maintained as long as Demands C Capacity I� 1 IIf. VEHICLE QUEUE ON BEEF BEND ROAD AND BULL MT. ROAD: The Following table is a comparinon of the estimated vehicle queues on Beef Bend Road and Bull Mt. Road at Pacific Highway. TABLE D Estimated Vehicle Queue on West approaches to Pacific Highway Approach Existing Projected 1986 AM/PM AM/PM ---------------------------------- -- ------------------- -- Beef Bend 2 cars/3 cars 2 cars/4 cars Bull Mt 7 cars/12 cars 8 cars/12 cares The vehicle n.1ueue-- --re influenced both. a`yy the t-=r:-iFFic demand and the traffic zignal cycle time. In the AM period the signals are allowed to run Free, resulting in cycle length of 50 to 70 seconds. Cycle length is the time between service calla on an p approach. During the PM period the signals are operating in I concert with others along Pacific Highway. This results in a 140 second cycle length. i The vehicle queues on Bull Mt Road creates the potential problem. The sight distance corn the south approach of the rontage road is obscured by the vehicles queued at Pacific dighway. There is no easy solution for this situation. Moving the frontage road to the wast would be costly. Some type of signalization at this intersection could possibly improve safety. j I The vehicle queues on Beef Bend Road will not create the same type of problem as seen on Bull Mt Road. The queues will delay traffic turning onto the frontage road from the west anr' off the frontage road to the east. This delay is a direct result of the Pacific Highway signal. In the future the traffic on Beef Bend Road could interfare with clearing of the intersection during the green phases of Beef Bend Road, at which time consideration should be given to relocating the frontage road to the west. Reduction of the PM period 140 second cycle length would ease the vehicle queue at these locations. This solution would have to be looked at very closely to insure that a proper trade off between arterial flow along Pacific and traffic safety or. the ajacent side streets. r� •I i i j f i CONCLUSIONS t IIIc• ADEQUACY OF SITE ACCESS: The site access can function in the immediate future, althoadequately should; be considered necea scary: ugh the following I. Adequate street lighting at the access Road. on Beef Bend 1 i IIIb. AREA WIDE IMPACT: All intersections within immediate area (study area) will have sufficient capacity without any additional improvements. I The following are traffic safety items considered necessary: that should be I. Adequate street lighting at Beef Bend Road and Frontage j Road. I � 2• Adequate street lighting at Bull Mt. Road and Frontage Road. traffic signal timing of the Pacific Highway system be reviewed pay the State of Oregon Highwaya. Department to reduce the cycle time of the signal and/or Beef Bend Road. s at Bull Mt. Road {^ AY i 4} STAFF REPORT AGENDA ITEM 5.3 April 3, 1984 TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Comprehensive Plan Amendment, Zone Change, Variance CPA 4-84, ZC 4-84, V 6-84 REQUEST: Comprehensive Plan Amendment from Professional Office to High Density Residential, a Zone Change from C-P (Commercial. - .. 'CGS iva.ua vvR w -ru � coducul, �id , tivT iiiti L6/'at,tc/, cuA d Variance to the Residential Density Transition requirements in Section 18.40.040 of the Community Development Code. APPLICANT: WGK Development Corp. OWNER: same 1703 Pacific Ave. Forest Grove, OR 97116 LOCATION: Northwest corner of Beef Bend Road and SW Pacific Hwy. , Tigard (Wash. Co. Tax Map 2S1 IOAC, Tax Lot 1000). LOT AREA: 4.33 acres NPO COMMENT: NPO ##3 recommends approval of the request. RECOMMENDATION: Planning staff recommends approval of the request. 2. Background The property was annexed to the City on February 8, 1978. A zone change from the Washington County RU-20 to City C-P (Commercial Professional) was approved on June 12, 1978. A conditional use application to establish a 146 bed home for the aged was approved on July 25, 1978. 3. Vicinity Information Multiple family residences within King City are situated on the south side of Beef Bend Road. Large acreage homesites in Washington County lie to the west and northwest. These properties are designated in the Tigard Comprehensive Plan for Low Density Residential development (1 to 5 units/acre). Undeveloped land to the northeast is within the City and is zoned C-P. STAFF REPORT - CPA 4-84, ZC_4-84, V 6-84 PAGE 1 A frontage road for the Pacific Highway is immediately east of the �r property. The parcels north of the subject property are identified in the Plan as an "Established Area" while the subject property and land to the east and west is considered as a "Developing Area". 4. Site Information and Proposal Description Except for one residence on the property which will be removed, the parcel is undeveloped. The property slopes downward from an elevation in the northwest corner of 310 feet to 242 feet in the southeast corner. The southwest section of the parcel as well as the northern and western property lines are wooded with a combination of coniferous and deciduous trees. The remainder of the property is cleared. 's E The applicant is proposing to establish an 84 to 90 unit condominium I project. A preliminary site plan has been submitted as part of the application, however, this will be evaluated during the Site Development Review process if the rezoning request is approved. A variance to the Residential Density Transition requirements (Section 18.40.040) is also requested to allow construction of more than 6.25 dwelling units per acre within 100 feet of the western tvo-thirds of the northern property line. The applicant contends that the variance is necessary for an efficient and attractive development of the property. A written statement addressing the variance criteria (Section 18.134.050) has been submitted. r ti 5. Agency Comments a. The State Highway Division has no objection to the proposal. The Division notes that a traffic impact and drainage studies will be required as part of site development review. Also, any access onto the frontage road will need to be as far north as possible. A, f b. The Building Inspector and Engineering Division;, have no objection to the request. B. ANALYSIS AND CONCLUSION Comprehensive Plan Amendments should be evaluated according to applicable Statewide Planning Goals and relevant Plan policies. Goal �r 10, which calls for provision of adequate housing for the needs of the community, region, and state and Goal 11 which calls for orderly and efficient provision of public facilities and services are the most relevant to this proposal. The Metropolitan Housing Rule, adopted by LCDC, states that Tigard must achieve an overall density of ten units per acre with at least 50 percent of the new construction consisting of single family attached or multiple family housing. The Comprehensive Plan shows only one area that is designated fnr High Density Residential development. In light STAFF REPORT CPA 4-84, ZC 4-84, V 6-84 - PAGE 2 of the Housing Goal and the Metropolitan Housing Rule, designating additional land in suitable locations for High Density development would be appropriate. Policy 6.1.1 of the Plan states that the City will provide a diversity of housing types and densities. The Plan has designated residential areas primarily for low and medium density development. Provision for additional high density development would help maintain this diversity. Policy 7.1.2 provides that new development shall coincide with the availability of adequate services and facilities. Based upon the comments received and the information available to the Planning staff, provided. Necessary on-site adequate services and facilities car. be improvements including half-street construction and storm drainage facilities will be constructed as a condition of site development approval. Adequate access is provided by Beef Bend Road which is designated as a collector and Pacific Highway which serves as an arterial. The Tigard Area Comprehensive Pedestrian/Bicycle Pathway Plan has designated Beef Bend Read as a bicycle route. Chapter 12 of the Plan lists locational criteria on page 79 and 80 that should be considered in conjunction with this application. Medium-High and High Density Residential y A. The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development. a (2) Areas which can be buffered from iow density residential F areas in order to maximize the privacy of established low ;t density residential areas. (3) Areas which have direct access from a major collector or arterial street. (4) Areas which are not subject to development limitations. (S) Areas where the existing facilities have the capacity for additional development. (6) Areas within one quarter mile of public transit. (7) Areas within one quarter mile from neighborhood and general commercial shopping centers or business and office centers. (8) Areas adjacent to either private or public permanent open [� space. STAFF REPORT - CPA 4-84, ZC 4-84, V 6-84 PACE 3 The property is not committed to low density development and due to the terrain, natural vegetation, lack of nearby development, and landscaping t requirements of Site Development Review, adequate buffering can be provided as this area develops. The property has direct access to a collector and Pacific Highway and Tri-Met bus service is available at Beef Bend Road and Pacific Highway. There are no apparent development t limitations on the site that are sufficient to preclude high density development and adequate services appear to be available. The applicant submitted a written response dated March 15, 1984 which addresses the five variance criteria listed in Section 18.134.050 of the Code. Staff has reviewed the applicant's justification for waiving the 0.040 which calls for a 100-foot density requirements of Section 18.4 transition area between established and developing areas. the reasons a: presented appear to be justified. Also, the NPO and the one affected property owner have reviewed the variance request and have no objection. Based upon the discussion above, the proposed Comprehensive Plan Amendment/Zone Change/Variance appears to be appropriate. Specific issues relating to the development of the project can be adequately evaluated during Site Development Review. E S: C. RFCOUIDIENDATION F t, the Planning Commission recommend The Planning staff reco¢.mends thatt approval of CPA 4-84, ZC 4-84, and V 6-84 to the City Council. PREPARED BY-. K=it. Laden APPROVED BY: William A. Monahan Associate Planner DirecLvr of Planning Development (KSL:pm/0383P) iI STAFF REPORT - CPA 4-84', ZC 4-84, V 6-84 `- PAGE 4 o Q � .09'2 fy \ � � � I 10 FS \ o P= 1 S.W. PACIFIC HIGHWAY N q 6 ` 7�1 l:� f g Q N o a U N A 2 O MF o a- a O 2 e� N In rd s.00 N t ,09'bli 1 . . � ,r D !r a.. t'P.RRf'. TY DEED EVA A . MOORE, a single woman, hereinafter called grantor•, conveys to W. G. K. Development Corporation, an Oregon corporation, an undivided one-half interest as tenant in common, and to W. R. Rogers and Norman Glenn, doing business as Rogers & Glenn, a part- nership, an undivided one-half interest as tenant in common, all that real property situated in a tract of land in Section 10, Town- ship 2 South, Range 1 West of the Willamette Meridian, Was County, State of Oregon described as: Beginning at an iron at the center of said Section 10 and running thence South 89° 271 West 223 feet; thence North 0° 05 ' West 414.6 feet; thence North 89' 271 East 772.6 feet to a point on the West boundary of West Side Highway; thence South 13° 421 West ,along said highway 427.1 feet to a point in the South line of the Northeast quarter of said Section 10; thence South 890 27' West 447.7 feet to the place of begin- ning. SAVE AND EXCEPT a tract of land in Section lO; Township 2 South, Range 1 West of the Willamette r Meridian, described as follows: Beginning at an iron at the center of said Section 10, running thence North 890 27East 447.7 feet more or less to a point on the Westerly boundary of the West -Side Highway, which point is the true place of beginning of the tract herein to be described; run- ning thence North 130 421 East along the Westerly boundary of the West Side Highway 427.1 feet; thence South 890 271 West 210.13 fest; thence South 134 421 West parallel with the Westerly boundary of the West Side Highway 427.1 feet; thence North 890 271 East 210.13 feet to the true place of beginning of the tract herein described. mom and covenant that grantor is the owner of the above described pro- perty free of all encumbrances except the following: Rights of the public in and to any portion of the here- in described premises lying within the boundaries of roads or highways; and Anchor Permit granted by Mrs. Eva A . Moore to Portland General Electric Company, recorded February 13, 1968, in Book 680, Page 504, Washington County Records; and will warrant and defend the same against all persons who may lawfully claim the same, except as shown above. t Pace 1 VIARF.ANTY DEED