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CPA 1-86 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. i4� $s 'l E • tottioart Pr 5 � q �, &, 13 AFFIDAVIT OF MAILING and av: ('lease Print) That I served noti a of Fi ,1 Decision for the Tigard City Council. of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the 12. day of 198' , by mailing to each of them at the address ,shown on e;1 attached list (Marked Exhibit B), said notice as hereto attached deposited in the United States Mail on the day of ., 198, postage prepaid. Si;bscribed and sworn to before me on the /4 ay o My Commission Expires: (O257p) tl CITY OF TICARD, OREGON NOTICE OF FINAL DECISION - BY CITY COUNCIL (Sec. 18.32.380) Concerning Cast Number(s): CPA :1 -86 ZC 3 -86 Name of Owner: '.r._ -... Marge Krueger Name of Applicant: �, Russ Krueger Address 3515 SW Barbur Blvd, Y-1 City Portland State. OR Zip0 1 . Lv,.ati,on of Property: Address Between Scholls Ferry Rd. & 135th Ave. a mile north of Walnut St Legal Description 1S1 33C iot 1000 , Nature of Application: To move the preen` C-N (Commercial Neighborhood) designation from the west side of 135th. Ave. to a location on the north side of the Murray Road extension. Approximately 500 feet west of 135th. Action: The Tigard City Council, on 2/24/86, heard the above noted request. Council upheld the Planning Commission's recommendation for approval of the request and approved the cornarcial designation to be located as shown in Exhibit "B" attached. The configuration of the five acre C -N designation lay be modified to conform with the final alignment of Murray Blvd. A copy of Ordinance No 86 -12 is attached for your files. Notice: Notice was published in the newspaper, posted at City Hall and mailed to K The applicant & owners • Owners of record within the required distance ,, • ,, The affected Neighborhood Planning Organization Affected governmental agencies 8., Final Decision: THE DECISION WAS SIGNED ON 2/26/86' AND BECOMES EFFIZCTIVE ON_3/29/86 m.. The adopted findings of fact, ' decision, and statement of coy iiti.x t can be obtained from the Planning Department, Tigard City Hall, 127516 SW Ash, P,0, Box 23397, Tigard, Or,agon 97222. A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their WI procedures, estions If you have any qustirns please call the Tigard City. Recorder at 63i9-4171 . green R. Wilson., Recorder, CITY OF TIGARD, OREGON ORDINANCE NO. 86— AN ORDINANCE ADOPTING FINDINGS S AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENOMEM'u` (CPA 1-86) AND ZONE CHANGE (ZC 3_.86) PROPOSED BY MARGE KRUEGER. WHEREAS, the applicant has reguestad A Crimprehensive Plan Amendment and Zone Change to shift the existing area zoned C—N (Commercial Neighborhood) from the side of 13$th Avenue to a location on the north side of the proposed Murray Blvd. exteosion approximately 500 feet west of 135th Ave. (WCTM 1S1 33C, T.L. OOO); WHEREAS, the Planning commission reviewed the proposal on February 4, 1986 and recommended aeproval with a condition that the C—M designation not exceed four acres in size; and WHEREAS, a public hearing was held before City Council on February 24, 1986 to consider the Commisr, ion recommendation, THE CITY OF TIGARD ORDAZNS AS FOLLOWS: Section Section 2: The proposal is consistent with all relevar:t criteria as discussed in the February 4, 1986 Planning staff report to Planning Commission (Exhibit "A ") . The City Council upholds the Planning Commission's recommendation for approval of ;he Comprehensive Plan Land Use Map 4\nd Zoning Map Amendment and the commercial designation , w]:ll be located as shown in Exhibit "B", The configuration of the five acre CW.N designation may be modified to conform with the final alignment of Murrajr Blvd, Section 3 The area present;; zoned C--.N shall pe designated R -25 (Residential, 25 unitsiocrc) , Section 4: That this ordinance shall, be effective on and after the 31st day after its passage by the Council, and approval by the Mayor, PASSED: By (.kho..n ;mca:.e.% vote of all Council members present after being read by number and title only, this ,, day of 1:986 Cook, Mayor 1 S1 AFF I2C :PoR1 rt: :B u(1RY 4, 1986 7:30 P.M. TI G RD PLANNING COMMISSION I'OWI 1.R JUNIOR Il1(3G1 2CI4001 10065 S.W. W(ALNUT TIGARD, OREGON 97223 Olt FACTS 1. Genera]. Information CASE: Comprehensive Plan eimendment CPA 1--06 and Zone Change ZC 3 -86 REQUEST: To move the prt:ent, area designated C-N (Commercial Neva: }1borhood) from the west side of 135th Avenue to a location on x.he north side of the Murray Road extension, approximately 500 feet west of 135th Avenue COMPREHENSIVE PLAN DESIGNATION Medium High Density Residential /Ne ighba -hood Commercial ZONING DESIGNrTI0N :4 R-25 (Residential, 25 units /acre) and C-N (commercial Neighborhood) APPLICANT Russ Krueger 3515 SW Barbur Blvd Suite Y -1 Portland, OR 97201 OWNER: Marge Krueger Rt 1, Box 792 Beaverton, OR 97007 LOCATION: Between Scholls Ferry Road and 135th Avenue, approximately one quarter mile norcb of Walnut Street (Wash. Co. Tax Map 151 31C, Tax Lot 1000). ,RrM. 2. Backgi ourrd City on June 12 � was to the 1983. and ir, august, TFtc. proper�.y was annexed y 1983, the City approved a variety of Plan and Zone designations for the ` � •`_ p rr ert y which included Medium -High Density Residential (R -20), Medium Density Residential (F`, -i.2) and Neighborhood Commercial (C-N), In February, 1984, the City approved the relocation of the C-N area from the west side of 135th Avenue to the northwest corn,;" of the proposed tle intersection of the Murray Road extension and 135th Avenue (CPA 18- 83 /ZC Q!8 14-83. In 1985, shift is the location of the C-N zone to the future Murray Road/Scholls Ferry Road intersection was proposed (CPA 4 —B5 /Zt 4 -85). Because this request was determined to be premature, due to the unanswered questions related to Murray Road extension, the four acre C—N dqsignatiorn is reapplied at the original location on the west side of 135th Avenue, It was also agreed' that once the alignment of Murray Road was determined, the applicant would be entitled to propose yet another Murray Road location. 3. Vicinity Information Except for several scattered homc'sites, this area betwee 135th Avenue and St; :hol is Ferry Road is undeveloped and or utilized to a limited extent for agriculture or is wooded. i he par•cr l s to th north are being developed for single family residences (Cotswold Subdivision) . The land surrounding the present and proposed commercial silga, is zoned R-25. 4. Site Information The existing and proposed commercial sites are undeveloped. The commerr_•1F.,1 site is intended to be located on the north side of the Murray Road extension approximately 500 feet west of 135th Avenue. A specific development plan has not been formulated. 5. Agency and NPO Comments The Engineering Division has the following comments: Site Development Review approval will be required prior development of the property. Sanitary sewerage and storm drain4ge provisions will in conjunction with development. be necessary Participation in .he improvement of 135th Avenue and Murray will be required as LcIn.dition of development. Road The Building Inspection Office has no object'.;, to the request. The City of Beaverton suggestrs that the affec'•; this proposal could have upon the future development plans for tax lot 100 to the east be carefully evaluated. No, other comments have been received. g . FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1 and 8,1.1 and Chapter 12, Locational Criteria., wuaa Planning staff concludes that the proposal is consistent with the relevant portions Comprehensive based upon the findings noted ' Oe below: ons of Com rehensive elar+ b Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. Policy 8.1,1 is satisfied because the proposed relocation of the C-N zone . will allow for the appropriate alignment of the Murray ,. Road extension, a. The site is proposed to be enlarged to 5 acre! , in size rather than the 2 acre guideline sot forth in the Plan. A 4 acre size was established when the pr upor ty wn :s annexed to the City in order to be consistent with the Washington County Plan which applied prior to the annexation. Since this expansion represents a further departure from. adopted Plan Policy, the staff recommends that the 4 acre limit be retained. `here are no other commercial properties within on half mile of the proposed site. c. The commercial site will be limited to the north side of Murray Road. d. No significant traffic impacts are anticipated from this mo',ie. Specific traffic related issues will be addressed during the Site Development Review process. e. The site will have direct access to a collector street. f. The eventual development of the commercial center will be evaluated according to the applicable standards in the Community Development Code; Since the entire area is undeveloped, establishing a compatible relationship between uses should not, present a problem. Although it is not necessary to consider specific provisions' of the. C -N zone, it should be noted that Section 18.,60,045 of the cede states that "no use shall exceed a gross floor area of 4,000 square feet," A variance must be approved in conjunction with the Site Development Review process in order for this standard to be exceeded RECOMMENDATION Eased upon the findings and conclusions ,°'oted above, the Planning staff recommends approval of CPA 1 -86 and ZC 3—$b subject to the following conditions: 1. The new C- zone designation shall be no more than 4 acres in size. APPROVED BY: William A. Monahan Director of Planning Development ( (SL: bs8 Russ Krueger 3515 SW Barbuz Blvd. Y-1 Portland, OR 97201 large Krueger Rt. 1 Box 792 Beaverton, OR 97007 Frank Aszman 12085 SW 135th Tigard, OR 972:43 Jim Thompson 7628 Champoeg Rd. St. Paul, OR 97137 AFFIDAVIT OF MAILING That am a The Cis y of That I served notice of Public Hearing for Tigard Planning Commission. of which the, attached is a cope (Marked xhibit A) upon each of r, .*e following 9 day of �,� 198 , by mailing to named persona on the �-`�"' Y � � ..ached list MMr��c^ked Exhibit B) o each of them at the address shown on tilt. a .: said notice as hereto attached, deposited in the United States N'ail on the day of , 198_, postage prepaid. Subscribed and sworn to before me Yw �0 Roy fsok 47\1,, . r#...�y J s� L ,F. �' "r . A p r NOTARY PUBLIC OREGON ti a a P R(��ti dyd7JtNSaa .f "' fMi Commission Expires: • REQUESTS FOR COMMENTS DATE: January 2, 1986 TO: FROM: Tigard Planning Department RE: Request by Marge Kruger to wove a four ace area which is designated berg or oo mm oe` ETTI" n:.t a sgar on:pre enss.ve ian an zone (Comnerciai Neighborhood) from the west side ,of 135th Avenue to a � �`ioci or o"�"""thie o L propose array v ex enszon, approximately 500 feet west of 135th Avenue. The subject property is —17*--,cater-ERWIT33111 l venue an c o _ s erry oa * approximately-174— mile north or Walnut Street, (WCTM 1S1 33C, T.L. 1000). Attached is the Site Plan and ,applicant's Statement for your review. From information supplied by various departments and agencies and from other infermat ;on available to our staff, a report and recommendation will be prepared and a decis don will be rendered on the proposal in the near future. If you wish to comment on thi,t application, we need your comments by .. ua 2 , 19._ . You 1,;44 use the space provided below or attach a separate letter to return your comments. If _ you are unable to r and by tit above date, please phone the staff contact noted below wt th your comments .and confirm your comments in writing as soon as possib)e. If you have any questions regarding this matter, contact the Tigard Planning Department, P.O. Box 23397, Burnham and Ash Ave Tigard, OR 97223. Phone: 639-4171. PLEB: SE CHECK THE FOLLOW :NG ITEMS THAT APPLY; We have reviewed the proposal and ►wave ntt objections to it Ple se contact of our office.` Please refer to the enclosed 'letter. 1. _ NPO No. 2. CITY DEPARTMENTS s./ BuiVeing Inspector Parks & Recreation Board City Recorder Police 2/ Engineering—Randy Other NOTIFICATION LIST FOR ALL APPLICATIONS. CPO No. 9� SPECIAL DISTRICTS Tualatin P.F.P.D. Washington Co F.D. No . Tigard W.D. Metzger W.D. School Dist. No. 48 (Bear. trton) School Dist. No 233 (Tigard) Oth ;r AFFECTED JURISDICTIONS Boundary Commission g/ City of Beaverton METRO Planning Department Wash. Co, Laid Use & Trans. Dept. Brent Curtis ,r Kevin Martin Other , STATE AGENCIES Aeronautics Div. (ODOT) Engineer DOGAMI Division of State Lands Board of Health Commerce Dept. — M. H. Perk Highway Div. — Lee Gunderson Fish & Wildlife Parks 6 Recrea. Div, (ODOT) LCDC Subdivision Supervisor PUG Dept, of Energy Fire Marshall Dept. of Erviron. Quality Other 6. FEDERAL AGENCIES Corps of Enginers Other Post Office . SPECIAL AGENCIES General Telephone Portland General Electric Pa,'ific Northwest Bell . Other Natural Gas PUBLIC HEARING KRU7 .:, R ZONE CHANGE X 3-86 MPREHE SIVE PLAN CHANGE CPA 1®36 -- NPO A request by Marge Krueger to move a four acre area which is designated Neighborhood Commercial in the Tigard Comprehensive Plan and zoned C-N (Commercial Neighborhood) from the west side of '135th Avenue to a location on the north side of the proposed Murray Blvd.,,, extension, approximately 500 feet west of 135th Avenue. The subject property is located between 135th Avenue and Scholls Ferry Road approximately 1/4 mile north of Walnut Street (WCTM 1S1 33C, Tax Lot 1000) . a. Public Hearing Opened b. Keith Liden, Senior Planner, presented staff report and noted the requirements to relocate the 4 acrd design of Commercial - Neighborhood zoning due to the Murray Boulevard extension relocation. Public Testimony: Proponents Russ Krueger, 3515 SW Barbur Blvd., out1; ned the history of the request and suggested this could be approved now with the understanding that if the extension of Murray Blvd. were slightly reloca ted in the future the design could then be limited or modified to allow for 4 acres of development. o relocation and of the land use of lot 100 in area, noted support of the application. d. Senior Planner' Liden recommended approval newly submitted map to be attached to the ordinance and marked Exhibit "Bi° e. Discussion followed regarding whether the parcel should be 4 or 5 acres and the location. City Administrator stated the proposed location would not be effected by the tentative location of Murray Boulevard, . Public Hearing Closes cot ORDINANCE NO, 86-12 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA. 1-86) AND ZONE CHANGE (ZC 3-86) PROPOSED BY MARGE ,r KRI�EE..R uu Motion by Councilor Brian, seconded by Councilor Edwards to aJopt ordinance with newly distributed Exhibit "B" attached. Motion by Councilor Brian, seconded by Councilor Edwards to amend. Section 2 of the ordinance to show the parcel to be 5 acres of Cam. on zone designation. Motion t o amend was approved by unanimous vote of Council IPr^+r sent ». � Motion to adopt Ordinance No 86 12y at anded was prV�,�d y unanimous vote of Council prose at r, 5.5 SIGN CODE EXCEPTION SCE 1 -86 KAIZER PERMANENTE DENTAL CLINIC /MARTIN BROS. Request to construct a 21 sq. ft., per side, free standing sign, where 15 sq. ft, is permitted, LOCATED: 7105 SW Hampton St. (2S1 1AC, 1200 & 1300). Senior Planner Newton reviewed the staff report and made staff's recommendation for approval with four conditions. APPLICANT'S PRESENTATION Jim Williams, 1241 Leo St. NE, Salem, 97303, concurred with the staff report including the conditiorw requiring them to move the sign for visual clearance. NPO COMMENT Geraddi:ne Ball, NPO # 4 Chairperson, stated members d they favored the sign r ir►e to one. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED she had called all of her Discussion followed regarding how the size was determined, location, what critzri had to be met, and how a sign code exception could be requested at the time of Site, Development Review. Commissioner Bergmann moved and Commission Leverett seconded to approve SCE 4 -85 amending condition number one to read "22 1/2 square feet" and to direct staff to prepare the final order and for Prsident Moen to sign off on that final order. Motion carried by majority vote. Commissioner Butler anr'Newman voting no 5.6 PLANNED? DEVELOPMENT PL) 1-86, ZONE CHANGE ANNEXATION ZC 1-86, SUBDIVISION S 4-86 - 'NCHESS/ NESVOLD / OGLE/ THOENNES /SPEECE /BISSETT /VANDEWATER NPO # 6 Locat,• ast,side of SW 108th south of Durham Road (Kenneth Waymire) THIS ITEM WAS WITHDRAWN FROM THE AGENDA, 5.7 COMPREHENSIVE PLAN AMENDMENT CPA 1-86 ZONE CHANGE ZC 3-86 KRUEGER NPO # 7 Request to move the present area designated C -N (Commercial Neighborhood) )°- ' from the west side 'of 135th Ave, to a location the north side of the t �.on orti �°. Murray Road extension, approximately 500 feet west of 185th Avenue, OD CD Sena. Planner Newton made reviewed the staff report and made start's recommendation for approval with one condition, that the area be limited to four acres PLANNING COMMISSION MINUTES EEBRUAk , 10 S6 Page 8 APPLICANT'S PRESENTATION d Russell Krueger, 3525 SW Barber Blvd. Y-1, Portland 97201. • explained why they needed the flexibility of having 5 acres available. Discussion followed. PUBLIC TESTIMONY o Frank Aszman, 12085 SW 135th, supported the proposal, and had no problem with the increased size. a Sim Thompson, 7628 Champoeg Rd., St. Paul, Realtor, supported the proposed change because traffic would not be entering onto 135th and the Commercial Neighborhood would not be abutting single family residential. PUBLIC HEARING CLOSED o Discussion followed regarding moving the location, the nuAiaer of times it had been moved, why move► it Mow, why the existing site has four acres, instead of 2 acres permitted in the Commercial. Neighborhood zone, and whether they should or should not Increase the size to five acres. Commissioner Leuerett forward • moved and Commissioner Bergmann seconded. to fo to City Council a recommendation of appr r —al with the condition that the site not exceed four acres unless the Murray Road alignment required then limit to five acres. Motion failed four to two. Commissioner Moen, Butler, Newman, and Peterson voting no # Comm issioner Lever•ett moved and Commissioner Bergmann seconded to forward to City Council _ a recommendation of approval with the condition that the site be limited to four acres. Motion carried by majority vote of Commissioners present, Lommissioner Butler and Newman voting . OTHER BUSINESS There was no other business. Meeting Adjourned 11:52 PM A, Donald Moen, resident di /51P PLANNING COMMISSION MINUTES FEBRUARY 4, 1906 Pale 9 CITY OF TIGAR[ OREGON COUNCIL AGENDA 'ITEM SUMMARY AGENDA OF 2/24/86 AGENDA ITEM #t: DATE SUBMITTED: 2/20/86 PREVIOUS ACTION: Plann nc_Cpmmissi,on ISSUE /AGENDA TITLE: � r a i �,» :� a »,� „,,° --• Approval Recommendation ZC 3 -66 Krueger PREPARED BY: Keith Liden �. REQUESTED BY: DEPARTMENT HEAD OK � ” � CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Pl n iewed a proposal to move C—N (Commercial Planning Commission Rev' p p ( merci.al Neigh�aorieood zone oneiss si C omm ra is N. ; •expand its size from 4 to 5 acres -. Planning s'pprovaal of the change with a size limit of 4 acres. ALTERNATIVES CONSIDERED Uphold Planning Commission recommendation, Approve a modified proposal, Deny the request, SUGGESTED A CTION Uphold Commission recommendation. (KSL pm5O AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAT AMENDMENT (CPA 1-86) AND ZONE CHANGE (ZC 3 -86) PROPOSED BY MARGE (R& GER WHEREAS, the applicant has requested A Comprehensive Plan Amendment and Zone Change to shift the existing area zoned C-N (Commercial Neighborhood) from the side of 135th Avenue to a location on the north side of the proposed Murray Blvd. extension approximately 500 feet west of 135th Ave. (WCTM 151 33C, T.L. 1000); WHEREAS, the Planning commission reviewed the proposal on February recommended approval with a condition that the C-N designation not acres in s i" a and WHEREAS, a public hearing was held before City Council on February consider th,e Commission recommendation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: The proposal is consistent with all relevant criteria as discussed in the February 4, 1986 Planning staff report to Plannir► , Commission (Exhibit "A ") . Section 2: The City Council upholds the Planning Corm, fission's recommendation for approval of the Comprehensive Plan Land Use Map and Zoning Map Amendment and the commercial designation will t) located as shown in Exhibit "B". The conFiguration of the four acre C-N designation may be modified to cor;focm with the finial alignment of Murray Blvd. The area presently zoned C-N shall (Residential, 25 units /acre) That this ordinance shall be effective on and of ar '`he 11st day after its passage by the Council, and approval oy the Mayor. vote of all Council members present after number and title only, this day 1986 Section 1: 24, 1986 to designated R-25 PASSED: APPROVED: (kSL pmSO) ORDINANCE NO 06 • STAI F REPORT' FEBRUARY 4, 1986 • 7:30 P.M. TIGARD PLANNLNG COMMISSION 1'0WI .f R JUN COR HIGH SCHOOL -- U31 10865 S.W. WALNUT TIGARD, OREGON 97223 FACTS AGENDA 1101 5.7 1. General Information CASE: Comprehensive Plan Amendment CPA 1 -86 and Zone Change ZC 3 -86 REQUEST: To move the present area designated C-N (Commercial Neighborhood) from the west side of 135th Avenue to a location on the north side of the Murray Road extension, approximately 500 feet west of 135th Avenue: COMPREHENSIVE PLAN DESIGNATION: Medium High Density Residential/Neighborhood Commercial ZONING DESIGNATION: R -25 (Residential, 25 units /acre) and C-N (Commercial Neighborhood) APPLICANT: Russ Krueger OWNER: Marge Krueger 1515 SW Barbur Blvd Rt. 1, Box 792 Suite Y -1 Beaverton, OR 97007 Portland, OR 97201 LOCATION: Between Schol l s Ferry Road and 135th Avenue, approximately one quarter mile north of Walnut Street (Wash, Co. Tax Map 151 33C, Tax Lot 1000) Bac kgroUnd The property was annexed 12, 1983 August, T y to the City on June 1Z 1983: and in 1983, the City approved a variety of Plan and Zone designations for the property which included Medium-High Density Residential (R -20), Medium Density Residential (R -12) and Neighborhood Commercial (C-N). In February, 1984, the City approved the relocation of the C-N area from the west side of 135th Avenue to the northwest corner of the proposed intersection of the Murray Road extension 4nd 135th Avenue (CPA 18 -83 /ZC 14 -83 In 1985, shift in the location of the C-N zone to the future Murray Road /Scholls ``Ferry Road intersection was I.; 'osed' (CPA 4 -85/2C 4-66) .q premature, due to the Because this re oast was determined to u� unanswered questions related to Murray Road extension, the four acre C-N designation was reapplied at the original location on the west side of 135th Avenue. It was also agreed that once the alignment of Murray Rcad was determined, the applicant. would be entitled to prop yet " Murray Rood 'location, sTArr REPO 1 CPA 1 -86 and ZC 3 -86 - PAGE 1 �r Aet • 3. Vicinity Information Except for several scattered homesites, this area between 135th Avenue and Schol.ls Ferry Road is undeuc_ loped" and or uti lized to a limited extent for agriculture or is wooded. The parcels to the north are being developed for single family residences (Cotswald Subdivision). The land surrounding the present and proposed commercial sites is zoned R-25. 4. Site Information The existing and proposed commercial sites are undeveloped. The commercial site is intended to be located on the north side of the Murray Road extension approximately 500 feet west of 135th Avenue, A specific development plan has not been formulated. 5. Agency and NPO Comments The Engineering Division has the following comments: Site Development Review approval will be required prior development of the property. Sanitary sewerage and storm drainage provisions will be necessary in con j ura a i.on with development. Participation in the improvement of 135th Avenue and Murray Road will be reqvired as a condition of development. The Building Inspection Office has no objection to the request. The City of Beaverton suggests that the affect this proposal could have upon the future development plans for tax lot 100 to the east be carefully evaluated. Wo other cor ys have been received. . FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1 and 8.1.1' and Chapter 12, Locational Criteria: The planning staff concludes that the proposal is consistent with the relevant portions of Comprehensive Plan based upon the findings noted below: Plan Policy 2.1.1 is satisfied because the Neighborhood Panning. Organization and surrounding property owners were, given notice of the hearing and an opportunity to comment on the applicant's proposal Policy 8.1,1 is satisfied because the oroposed relocation of the C -N zone will allow for the appropriate alignment of the Murray Road extension, 81-Arr REPORT - CPA 1.05 and ZC 3 -06 PAGE 2 3, LocaLiona,i Criteria a. The site is proposed to be enlarged to 5 acres in size rather than the 2 acre guideline set forth in the Plan. A A acr•e size was established when the property was annexed to the City in order to be consistent with the Washington County Plan which applied prior to the annexation. Since this expansion represents a further departure from adopted Plan Policy, the staff recommends that the 4 acre limit be retained. b. There are no other commer. ^,ial properties within col half mile of the proposed site. The commercial site will be limited to the north side of Murray Road. d. No significant traffic impacts are anticipated from this move. Specific traffic related issues will be addressed during the. Site Development Review process. e. The sit_ will have direct access to a collector street. f. The eventual development of the commercial center will be evaluated according to the applicable standards in the Community Development Code. Since the entire area is undeveloped, estW fishing a compatible relationship between uses should not present a problem. Although it is not necessary to consider specific provisions' of the C--N zone, it should be noted that Section 18.60.045 of the code states that "no use shall exceed a gross floor area of 4,000 square feet.'' A variance must be approved in conjunction with the Site Development Review process in order for this standard to be exceeded. C. RECOMMENDATION Based upon the findings and conclusions noted above; the Planning staff recommends approval of CPA 1-86 and ZC 3 -86 subject to the following conditions: The new'C -�N zone designation shall be no more than 4 acres in size. Arm ea/r) APPROVED BY x William A. Monahan Director of Planning Development, (KSL bs85) [Page Too Large for OCR Processing] STATE OF OREGON ) County of Washington ) es. City ,of Tigard ) That I am a..�. --- The City of Tigard, Oregon. That I served notice of Public Hearin for Tigard City Council• of which the attached is a c'.py (Marked E hibit A) upon each of the fot o ing named persons on • the it day of - 198 co, by mailing to each of them at the address shown on iVeattachedl l U t Marked Exhibit. B), said no a as here attached, deposited tp cite United States Mail on the /"' da y of -ill 1 , 1980 postage prepaid. (025/0 N O T I C E O F P U B L I C B E A R I N G NOTICE IS HEREBY GIVEN THAT THE TIGARD ;„;TY COUNCIL AT ITS MEETING ON MONDAY, Februar 24 1986 AT 7 :00 P.M. , IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH SCHOOL, 10865 SW WALNUT, TIGARD0 OR., WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: APPLICANT: REQUEST: CPA 1 -86 & ZC 3 -86 Russ Krueger 3515 SW Barber Blvd. S Y-1 Portland, Or 97201 OWNER: Marge Krueger Rt. 1 Box 792 Beaverton, OR 97007 To move a our acre area which is designated Neighborhood Commercial in the Tigard Comprehensive Plan and zoned C-N (Co mercial Neighborhood) from the west side, of 135th Ave.. to a location on the north side of the proposed Murray Blvd. extension, approximately 500 feet west of 135th Ave. LOCATION: Between 135th Avenue and Scholls Ferry Road approximately '4 mile ;north of Walnut St. (WCTM 1S 1 33C, lot 1000) . (See map on reverse aide) T'i..E PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OP PROCEDURES OF THE CITY COUNCIL. i TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. FOR FURTHER INFORMATION, CONTACT 'T CITY RECORDER OR PLANNING DIRECTOR NFORMATION PLEASE THE AT 639-4171 CITY OF TIGARD 12755 S.W. eh `Arc Tigard Oregon 97223 (earner of Ath 8 Burnham) (0272P ) S s lot 1 000 E 1, ,r1 4'- �.��I .• rw..� • ���� Mme . • Rush Krueger 3515 SW Barber Blvd. Portland, OR T/219 CHARD Rt. I Box 398 Beaverton, OR 97005 eonser.`vative Baptist Metro Mission Society PO Box 14495 Portland, OR 97214' Ryan O'Brien The Old Library Bldg. 209 NE Lincoln St. State B Hillsboro, OR 97123 Marge Krueger Rt. I Box 792 kaavertonD OR 97007 BYE Rt. 1 Box 398 Beaverton, OR 97005 ELLINGTON Rt. Box 405 Beaverton, OR 97007 ASZ MAN 12085 SW 135th AVe. Ti4ard, OR 97223 YOUNGMA'ER 13985 SW Fern St. Tigard, OR 97223 BECKMAN 12620 SW 135th Ave Tigard, OR 97223 BRIDGWATE 13995 SW Fern St. Tigard, OR 97223 JOHANSON 13535 SW Walnut Tigard, OR 97223 SUNAMOTO 120030 SW 135th AVe. Ti:ard, OR 97223 LUDLUM 14065 SW Fern St. Tigard, OR 97223 JAMIESON 13585 SW Walnut Tigard, OR 97223 WFa3CO- FRANKLIN ATM: John Peterson 9055 SW Beaverton High ay Portland, OR 97225 BOHAN 14115 SW Fern Tigard, OR 97223 CAGLE 13635 SW Walnut Tigard, OR 97223" DICKINSON 707 S. Chehalem Newberg, OR 97132 Cook 13735 SW Walnut Tigard., OR 97223 H K Investors, Inc. 9370 SW Greenburg Rd. Portland, OR 97223, BOWMAN 14235 SW Fern Tigard, OR 97223' NE WMAt` 12615 SW 136th Ct. Tigard, OR 97223 HO''P S R Rte. I Box 390 ge•iverton OR 97005 LUKSR 14285 SW Fern Tigard, OR 97223 COBBS 12660 SW 136th Tigard, OR 97223 C 'I,ARK 3I Oak Leaf Dr. 1: ugene, OR 97402 1'GE ATTN PROPERTY DEPT. 121 SW Salmon Portland, OR 97204 NORTON 13590 SW Walnut Tigard, OR 972.23 McCOY PO Box 35324 Phoenix, Az, 85069 PSTZOLOT' 11540.:$14 STAFF REPORT FEBRUARY 4, 1986 -- 7 :30 P.M. TIGARD PLANNING COMMISSION FOWLER 3'UN.COR HIGH SCHOOL •-- LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 AGEND.:1 ITEM 5.7 A. FACTS 1. Genaral Information .CASE: Comprehensive Plan Ameidment CPA 1 -86 and Zone Change ZC 3 -96 REQUEST To move the present area designated C-N (Commercial Neighborhood) from the west side of 135th Avenue to a location on the noqh side of the Murray Road extension, approximately 500 feet west of 135th Avenue. COMPREHENSIVE PLAN DESIGNATION: Medium High Density Residential /Neighborhood Commercial ZONING DESIGNATION R -25 (Residevt.al, 25 units /acre) and C-N (Commercial Neighborhood APPLICANT: Russ Krueger 3515 SW Barbur Blvd Suite Y--. Portland, OP 97201 OWNER: Marge Krueger Rt. 1, BoK 792 Beaverton, OR 97007 LOCATION: Between Scholls Ferry Road and 135th Avenue, approximately one quarter mile north of Walnut Street (Wash. Co. Tax Map 181 33C, Tar, Lot 1000) Backsround The property was annexed to the City on June 12, 1983 and in AugUst, City approved variety of Plan and Zone designations for the property which which included Medium -High Density Residential (R-20), Medium P P y In Density Residential (R -12) and Neighborhood Commercial (C-N) February, 1984, the City approved the relocation of the C-N area from the west side. of 185th Avenue to the northwest corner of the proposed intersection of the Murray Road extension and 135th Avenue (CPA 18. -83/7C 14-83, In 1985, shift in the location of the C -N zone to the future Murray Road/Scholls Ferry Road intersection was proposed (CPA 4--85/ C 4-85) Because this request was determined to be premature, due to the the four acre C-N ' elated to Murray Road extension; -N designation gnati.ongwast reapplied at the original location on the west side of 135th Avenue. It was also agreed that . t.ed to mof Murray goad t. once the alignment was determined, the applicant would be entit propose yet another Murray Road location. STAFF RCPORT - CPA 7 -86 and ZC 3.86 -w PAGE i 411 410 3 . V cinity Information Except for several scattered homesites, this area between 135th Avenue and Scholis Ferry Road is undeveloped and or utilized to a limited extend: for agriculture or is wooded. The parcels to the north are being developed for sing family residences (Cotswald Subdivision). The land surroundin _ , resent and proposed commercial sites is zoned R--25. 4. Site Information The existing and proposed commercial sites are undeveloped. The commercial site is intended to be located on the north side of the M,.irray Road extension approximately 500 feet west of 135th Avenue A specific development plan has not been formulated. 5. , aos and NPO Comments The Engineering Division has the following comments: Site Development Review approval will be required prior development of the property. Sanitary sewerage and storm drainage provisions will be necessary in conjunction with a . velopment . Participation in the improvement of 135th Avenue and Murray Road will br, required as a condition of development. The Building Inspe ~tion Office has no objection to the request. The City of Beaverton suggests that the affect this proposal could have upon the future development plans for tax lot 100 to the east be carefully evaluated No othr.r comments have been received. FINDINGS AND CONCLUSIONS The relevant criteria in this case 8r e Tigard Comprehensive hensive Plan policies 2 1,1 and 8.1.1 and Chapter 12, Locational Criteria: The Planning staff concludes that the proposal is consistent with the relevant portions of Comprehensive Plan based upon the findings noted below; Plan Policy 21,1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were giLven notice of the hearing and an opportunity to comment on the applicant's proposal. Policy 9,1.1 is satisfied because the proposed relocation of the C -NI one will allow for the appropriate alignment of the Murray Road extension, S'f AFF REPORT CPA 1-86 and ZC A-46 • 3. Locational Criteria The site is proposed to be enlarged to 5 acres in size rather than the 2 acre guideline set forth in the Plan. A 4 acre size was established when the property was annexed to the City in order to be consistent with the Washington County Plan which applied prior to the annexation. Since this expansion represents a further departure from adopted Plan Policy, the staff recommends that the 4 acre ' limit be retained. There are .rp other commercial properties within on half mile of the proposed site The commercial site will be limited to the north side of Murray Road. No significant traffic impacts are anticipated from this move. Specific traffic related issues will be addressed during the Site Development Review process. The site will have direct access to a collector street, The eventual development of the commercial center will be evaluated according to the applicable standards in the Community Development Code. Since the entire area is undeveloped, establishing a compatible relationship between uses should not present a problem. Although it is not necessary to consider specific provisions of the C—N zone, it should be noted that Section 18,60.045 of the code states that no use shall exceed a gross floor area of 4,000 square feet." A variance must be approved in conjunction with the Site Development Review process in order for this standard to be exceeded. RECOMMENDATION Based upon the findings and conclusions noted above, the Planning etaf" recommends approval of CPA --86 and ZC 3-86 suojec'.. to the following conditions: 1. The new C—OU zone deignat.,on shall be no more than 4 acres in size. APPROVED BY: William A. Monahan Director of Planning & Development (14SL; bs8S) J0144.11 o teAsev r 6. REQUESTS FOR CCMMENTS / DATE: January 2, 198 TO: Ran dy Ciarno Engineering FROM: Tid,,ard Planning Department RE: Request by Marge Kruger to move a four. acre area which is designated .gag • or oo • ommercia in e agar • ompre, easmi aEP an°T On (Commercial Neighborhood) from the west side. of 135th Avenue to a o itirc n on "e north s-. e o e piWae urea a enslon approximately 500 feet west of 135th Avenue. The subject property is ocate e>?:ween venue an " '® s eery os approximately 1/4 mile north of Walnut Stre "t, (WCTM 1S1 33C, T.L. 1000). Attached is the Site Plan send applicant's statement for your review. From information supplied y various departments and agencies and from other information available to our staff, a report and recommendation will be prepared aged a decision will be rendered en the pc • sal in the near future Ifyouu wtz gJ,9 comment on this application, we need ywa comments by Janla l2 n ,g 19 ja__ __. You may use the space provided below or attach a ,k , separate letter to return your comments. re unable to rtmamijaLAA above da 24 please phone the staff contact noted below with your comments .and vw4,A ,e .c confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, P.O. Box 23397, Burnham and Ash Ave., Tigard, OR 97223. Phone: 639-4171. STAFF CONTACT PLEASE Keith Liden € H CK 111E FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and and have no objections to it. nta of our office. Please �;�,.....�ct.�,v,... Please r efe., to the enclosed letter. Written comments: Name of Person Commenting: 4311'711'0n. No TO: Ed •Wa,Iden Building. • REQUESTS FOR COMMENTS DATE: January 2, 1986 FROM Tigard Planning Department RE: Request by Merge Kruger to move a four acre area which is designated ebg or oo o rc1s 1n a i.gar Comprehensive ata an zane (Commercial Neighborhood) from the west si.de.of.135th Avenue to a ocat3.on on t e nor si e o e propose urray :. V. ex ens on, approximately 500 feet west of 135th Avenue. The subject property is ocate etween venue an c o s erry ''oar approximately -- mile north of Walnut Street, (WOTH 1S1 33C, T.L. 1000) . Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. am If you wish to comment on this application, we need your comments y Januer.X. -, You may uze the space provided below or attach a separate letter to return your comments. ILIgy are unable to remand by the, above data please phone the staff contact noted balow with your comments .and' confirm your comments in writing as soon as possible. If you have aa0y, questions regarding this matter, contact the Tigard Planning Department, P.O. Box 23397, Burnham and Ash Ave., Tigard, OR 97223. Phone: 639 -4171. STAFF CONTACT: Keith Liden PLEASE CHECK WE FOLLOWING ITEMS THAT APPLY We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Written comments: of our office. 411 REQUESTS FOR COMMENTS DATE: January 2, 1986 TO: RECEIVED JAN © 3 1966 • FROM: Tigard Planning Department 4 ;. RE: Request by Marge Kruger to move a four acre area which is designated :g i R hoo di mercis zn a sgar c�pre ena�. a atzone (Commzercial Neighborhood) fro the west side. of 135th Avenue to a ovation on a Wort Me of the propose urray ex ensi. n, approximately 500 feet west of 135th Avenue. The subject property is ocate.' etween s venue an o o s erry 'oai approximately-7M- mile north of Walnut Street, (WCTM IS1 33C, T.L. 1000). Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decisio will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by january_12. 19 86 . rou may use the space provided below or attach a separate letter to return your comments. ILyou a >le tai resMnd by t!t above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as ,possitle. If you have any questions regarding this matter, contact the Tigard Planning Department, P.O. Box 23397, Burnham and Ash Ava., Tigard, OR 97223. Phone: 639 -4171. STAFF CONTACT: Keith Liden Wle have rev iew-' he p,r siposaal and have no objections to it. Please contact Please refer to the enclosed 1ettair. Written comments: of our office. CITY OF TIGARD, OREGON ENGINEERING SERVICES REVIEW CHECKLIST REVIEW OF M k . . SUBMITTAL NAME: 0 k . DATE: t I) AGENCY COORDINATION (OR) PERMIT CONSIDERATIONS: A) Federal ... ..............••..... C:O.E., E•Q•, F.E.M•A., U „S•P.S. B) State. •••••....•••.••.•...•••.•.... ..:.• ..••••••..••.w•• L.C.D.C., State Lands, Commerce Dept., Board of Health, O.D.O.T., B.R.C., P.U.C., Water Resource, Wildlife, D.E•Q., Parks & Recreation. C) Regiorla.. s • • • • • • . • • • Metra, Tri -Met � D) County , .........nVCST.k*•.../ ;8:1' :.�c:C'�►� ...... . U.S.A., Public Works, Health Dept., Land Use & Transportation E) Local r . • . • . • . r • . • • • .. • • • • • w • • • • • • . • • • • . . . . • . . . . • . . . . . . . • . 1) City of Tigard: Development Services, Operations, Building, Engineering, Engineer, Finance, Administration, Council, Planning Commission, Park Board, N.P.O.. (NOTE: Pg. #2 for details hereinregard) Others Fire District, P.G.E., N.W.,Natural Gas, Water District, Telco, Storer Cable, Solid Waste, Primate Ownership, School District GENERAL CONFORMANCE CONSIDERATIONS: A) Transportation System .. • '.) City of Tigard: a) Comprehensive Plan b) Street Classification(s) c) Bike /Pedestrian Path Plan d) Traffic Studies (CH,2M Hill & STRAM) e) Existing, Pending, Onder ConOtruction 2) Regional Transportation Plan 1�1 i B) Sewerage System .... ..: •..... •r ..: :: tl w 1) City of Tigard: a) Master Sewerage Plan b) Existing, Pending, Under Construction 2) Unified Sewerage Agency Regional Plan Stormwater Runoff Syste 1) City of Tigard: a) Master Drainage Plan (C$1 4 Hill) b) F. i.S. , C .O.E. maps ( Plcad P lai n & Sensitive Lands) 2) Regional Stormwater Managethent Plan D) Park & Gr Jenway Development Plan E) Capitol Improvement Program w . r r • . . . 4. Y , 1) City of Ticgard 2) Washington County CHECK (IF ITEM W CONSIDER . • • • • • • ENGINEERING SERVICES REVIEW CHECKLIST (Cont°d) F) L.I.D. Development & Non- Re. ::onstrance Status ITEM #1(E) DEAILS: Sensitive Lands 13 Floodplain.•. ••.••••..•......... Major /Minor Partition............0 Planned Development.........•.••. Annexation Building Permit ..... ... . Sewer Connection Permit... Sign Permit . .® Fill Permit ........ Street Opening Permit.... Compliance Agreement...... Detailed Plan............. Dedication . Easement ......•.................C7 System Development Charges: Extra Capacity Streets.... 0.0 Recreation Facilities.... 0 Storm Drainage Improvement:. •'....0 Sanitary Sewer Surcharge... Comp. Plan Amendmert • • ,, ,lei Zone Change Conditional Use Temporary Use Variance Nonconforming Use...... ••••.•• L3 Accessory Structure....••••..••.•El Tree Removal Permit.... •• ...0 Blasting Permit Special Assessment... e.•.•.••..•,.0 Business Tax....... 1 Fees... • ... • e .. e.... • .... . . ^' Joint Use Agreement... . ••... El Maintenance Agreement... .• •••..0 i III) SPECIAL CONCERNS: A) That this information (form) be routed to the City ` Engineer No i7 review and comment... • . n • . • • • ■ . • . • s . ! . . • • • .. • e .. • . • . . •Yes �. • .' No 7 a) /V"' lh Loc-NNVAA ENGINEERING SERVICES REVIEW CHECKLIST (Coned) IV) FLECOMMENDATIONS: B Cpb,„ oc, siest.sJ■caphmo,...a 'ieNtolo■ ws, stele) '4.4A Pis \ . r\, 1N �' .4 VsOrstar a A'S U J NOTE Attath add it tonal 'sheets if hec Pa! ssary, STANDARD CONDITIONS UNLESS OTHERWISE NOTED, ALL CONDTT.IO= SHALL BE POET PRIOR TO ISSUANCE OF BUILDING PERMITS. Standard half -- street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities (delc e inapplicable items) shall be installed along the P- tnu age. Said improvements along shall be built to standards and conform to the alignment of existing adjacent improvements and (or) Standard half- street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities (delete inapplicable items) shall be installed along the frontage. Said improvements along shall be built to, +T. - standards and conform to the alignment of existing adjacent improvements and (or) Saven (7) sets of plan - profile public improvement construction plans and one (1) itemized construction Bost estimate, stcamp'd by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. Sanitary sewer plan - profile details shall be provided as part of the public improvement pJns. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The Section will require posting of a 100 % Performance Bond, the payment of a permit fee and a sign installation /streetlight fee. Also, the execution of a street opening permit or construction p agreement prior concurrently EIIICLOS�te com l lance a r�ement shall occimr ement � lans , SEETHE_ with the pUblic HANDOUT GIVING MORE SPECIFIC INFORMATION ORMATION REGARDIN auF G FEE SCHEDULES BONOIAG__ AND __ AGREEMENTS. A one 1,') foot reserve strip granted to the "City of Tigard "' shall . be prov..led at the terminus of ` dedicated . Public along the Additional right- of-way shall b frontage to increase the right _of y , to feet from centerline The description for said dedication shall be tied to the existing right -of -wall centerline ts established by City . The dedication document shall be on Cit forms and 'approved by he Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED` Additional right .o way shall be dedicated to the Public along the frontage to increase the right-of-way to feet from centerline. The description for said dedication shall be tied to the existiro right-of-way centerline as established by The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel Deeds. Said agreement shall be approved by the Engineering Section JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. Street Centerline Monumentation In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right -of -ways shall be monumented before the City shall accept a street improvement. All centerline monuments shall be placed in a monument box . conforming to City standards, and the top of all monument boxes shall be set at design finish grade of saie street or roadway. The following centerline monuments shall. be set: All centerline - centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City: Center of all cul-de-sacs; Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C,). All sanitary and storms locations shall be placed in positions that do not ._ interfere with centerline monumentat ion. The "basis of bearings'* for the Plat or SurU" y Field shall be which is a part of the Tig� Survey Network. After review and approval by the Planning Director Pub lic and Pu r '_ c Works Director, the Final Plat shall be recorded with Washington COUiti (RSCtbs/0127P) APPLICATION INFORMATION PUBLIC IMPROVEMENT REVIEW CITY OF TIGARD, OREGON PART I - PUBLIC IMPROVEMENTS APPROVAL PROCESS A. Public Improvement Review shall be applicable to all new developments and ree.odeling of existing developments. All provisions and regulations of the Municipal Code shall apply unless modified by other sections of said Code (e.g. Planned Development, Chapter 18.80; Variance, Chapter 18.134; Unusual Conditions, Section 15.'4.170: Sanitary Sewerage Regulation, Chapter 12.05) The application and approval process is a three -step procedure which involves 6 Preapplication Preliminar Public Im rovement Construction Plan _Review, (Prior to formal submittal bmittal of public improvement construction plans)...the Applicant must submit one copy of the proposed public improvement construction plan, said plan teeming been prepared and signed by a Registered Civil Engineer, to the City's engineering office to facilitate preliminary review. Upon conclusion of said review, City staff will contact the Applicant and the Applicant's Engineer to discuss any obvious deficiencies and, also, formal submittal requirements applicable thereto, Formal Public Improvement construction Plan Submittal, Circulation and Final Revliew (Prior to qualifying to receive an approved public improvement . construction plan to facilitate • commencement of constrectton work and receipt of building permits ... tF, e Applicant must submit the designated number Of sets of plans, as will have been specified at the conclusion of the aforesaid Preliminary Public Improvement Construction Plan Review circulation and .final rev Review For formal . , + review; and simultaneously, rust submit the following: One comprehensive prepared mined Public Improvement Construction re Cost Estimate, red and gignid by as registered civil engineer. One a Registered Civil Engineer 1 descri Lion, prepared and signed P P by or land eurveytor on R 1/2'; X 11" white bond paper, for each necessary dedication and easement, Upon receipt of all of the aforementioned, the City will affix its routing stamp on one set of the plans and, then, either the � City 9r the Applicant shall circulate acknowledgment ou(ht the appropriate Agencies for comment and recommended that the Applicant hand -carry said plan, due to a savings c,bf time which will be gained thereby). Thereafter, a Should final plan review will be conducted by City staff, to staff. S hold revision of the plan be deemed necessary by City it into conformance with established City r sta d rd ®pmand . comments circulation specifications, Applicant's Engineer shall stipule cions, the Applicant and the then be notified thereof. Should the plan �dbe tdeemedpl canits1 staff to be apP rovable, the Applicant and Engineer stall then be notified thereof. Notice of City readiness to issue an approvable plan does not mean that s cons ruction can commence nor does it mean th uildingeper its can be secured; public improvement construction must first be completed (prior to the actual u issuance of the approved public improvement construction plan). . Public Im royt�ment Construction documentation - City Jurisdiction � approved public improvement (Prig qualifying to receive an app construction plan to facilitate commencement A construction ction work and receipt of building permits).:.th Applicant either a Street Opening Permit or a Public Improvement Compliance Agreement for work which is to be performed with a right -of -way or easement which is of City Jurisdiction; and, ,lsoa , must submit the following A performance bond in favor of the City of Tigard, Oregon p City staff at the sum of which will be determined by y conclusion of the formal public improvement construction plan circulation and final revv2w process. Payment of all required public improvement construction Tan (plan review, field inspection, street traffic control` plan t energy and maintenance). . installation and str:�etlagh sign f . City staff. and fees the um o� which will be determined by of the provided to the Applicant at the c •. will be formal public improvement construction plan circulation and O final review process' f � step three's City ill prepare To clam . V ste number agreement docuo+rent and the appropriate form of construction Applicant mien then -� . r Applicant. The Apps shall p� �v>.de it to the . return it to execute (and with agreement document and t � t to the �ity along with the aforesaid bond (form s 3 �► remit th+�. by the City). mu ].thneously, the Applicant must total $ ut iii: morcvement construction Plan l�n reav �e�a total aforesaid p of form fees. In the event hsa t a Street Opening Permit was form cohee ruct xo n do_ �u� _ �ta�ti o n selected by City staff as being most appropriate for the project. staff will than i ssue the approved public improvement construction and A pp i e y s,�asequantly commence public vene�t cons��y ctiun WOr, ms W e also. mar .Hake application for building permits. In the event that as construction Compliance Agreement was the fora of construction documentation selected by Cityestaff as being most appropriate, then, upon Applicant's return of the said agreement and bond, staff will route both documents to the City Council for Council acceptance and execution. After such counter- signature, staff will then issue the approved public improvement construction plan and Applicant may subsequently commence public improvement construction work and, also, may f ins , e.ze plat rf��, �' ording and may make application for builJing permits. Dedication. and Easement documents shah thee be completed and recorded. 3(A). Pub_., blic Improvement Construction Documentation� Washington County or State of Oregon Jurisdiction. (Prior to qualifying to receive an approved public improvement y g construction plan to facilitate commencement of construction work and receipt of buiiai g permits)...the Applicant must submit documentation from. Washing eton County, in the d=orm of a Letter of Serviceability, and /or documentation from the State of Oregon, in the fog o.l a Road Opening/Approach Permit • which clearly indicates that the applicable agency has reviewed and proposed ' approved alb. required public improvement end construction work. After City review and concurrence therewi , staff will then issue the City approved public improvement construction plan and Applicant may subsequently commence public improvement construction work and, also, may finalize plat recording and ma y make application for building permits. Dedication and Easement docv eents shall theA be completed and recorded PART II FLOW DIAGR,0,1 OF AFORESAID APPROVAL PRA PUBLIC IMPROVEMENT PLAN PRELIMINARY REVIEW r iji C IMPROVEMENT PLAN FORMAL REVIEW CONSTR. DOCUMENTATION PREPARATION & FEE DETERMINATION TREET OPENING PERMIT t)MPLIANCE AGREEMEwT & BOND EXECUTION & BONO ►'' XECUTION `CITY STAFF APPRCVA.) 1 PUBLIC IMPROVEMENT' PLAN ISSUANCE (DEDICATION /EASEMENT) (EXECUTION & RECORDING) WORK COWIENCEMENT PLAT R€ C)RDING APPLICATION FOR t ®UILQ G PtT(SJ N INSTRUCTIONAL HAND-OUT STREET DEDICATION FORMS The purpose of this hand -out is to assist the dedicator in completing this form, along W th familiarizing the dedicator with the City's lega?, acceptance process. There are two different street dedication forms used by the City depending on if the dedicator is a "Corporation" or an "Individual- General Partnership ". If you have received the incorrect form please notify us. Lea escriptions 1. The legal description rout only describe that area being dedicated for street purposes. Please do include an area already dedicated . If this dedication is an addition to existing right -of -way, the alignment of the new right -of -ay line must be controlled by the existing right- of-wo y centerline, wording 1 desc i cient to accomplish this must ,,e contained in the legal p , with all new right -of -way, •uch as in a Major Partition, a "strip" type of dedication is recommended. If the space provided for the legal description is insufficient, please use "Exhibits ". Place this Exhibit (s) on the reverse. %ids of this form and referenee the front to the b.everse side. IT I S REQUIRED THAT A E GISTERED PROFESSIONAL LAND SURVEYOR PR. y AR TEL LEGAL DESCRIPTION AND CERTIFY IT BY HIS OR HER SEAL. MAPS AND SKETCHES 1. A map prepared on a separate sheet(s) (not larger than 8 1/2` X 14 ") showing the area to be dedicated must be aeteched to this form. This map must he nee.e and legible. OWNERSHIP AND TAXES 1. Please provide documents showing that the signer(s) is the proper owner(s). If the propeety is under contract, both parties must sign. If this dedication is a condition of, a current develo ment Pica inn, then proof awf EropTw11er ?�s not required. 8PP � "—' All "bask" and "current" taxes owing on the area to be dedicate must be paid. Washington county Department of Taxation will assist you in the computation of this prorated amount. Please provide verification that this has been done. APPROVAL AND ACCEPTANCE PROCESS q * 111 All dedications ar'e received and. reviewed. 'by the Engineering. Section. Please direct all questions you ou ma a to hhave i Engineering. Upon staff approval of thias document, t is J . city p usually a formaiety. it ante u�ua11 scheduled for Lit Council acceptance, , is then sent to Washington County for recording. Please notify is where "recorded" copies o this document should be sent (name and address) . Also please allow 8 -10 weeks, after Coune i l acceptance to receive your recorded copy • (RC :pm /0766P) [Page Too Large for OCR Processing] . . p LEGIBILITY SIR RR PLACE UNDER CITY OF TI "GARI) t.0(,) TN LEGAL_ NOTICE SECTION OF TI:GARD TIME PUBLIC HEARING NO1`fca The following will be considered by the Tigard City Council on February 24, 1986 at 7 00 P.M. at Fowler Junior High School Lecture Room, 10365 SW Walnut Street, Tigard, Oregon. Further information may be obtained from the City Recorder at 12755 SW Ash Avenue, Tigard, Oreg 97223, or by calling Mr V.- PUBLIC H E A R Q NE CtA ANNEXATION ZCA 1-86 - NPO 06 A request by Mt^. . ,.,�� , Mr. & Mrs. Mrs. Mr. and t4r°s t s, Roger awe, and Mrs Vandswaar to annex 33.41 acres into the City a Tigard The property is located south of SW Durham Road and east of SW 108th and to zone the property in conformance with the City of Tigard's Comprehensive Plan as follows: Tax Map /Lot # 291 15A 400 & 401 291 15AD 100, 200, 300 & 400 261 148 800 2.61 14B 600 & 601 Current Zoning Wash. Co. R -5 Wash, Co, R -5 Wash. Co. R-7 Wash, Co, R S-1 Rro osed Zoning, City of Tigard R -4.5 City of Tigard R--4.5 City of Tigard R -/PD & R -1ZPD City of Tigard R --12PD PUBLIC , - " , - COMPREHENSIVE PLAN CHANGE CPA Bt_rC FiEAkIN�� .� KRt.it..r.��� I:c�NI: CHANGE. J_V 3.. -aG 1-86 y� NPO PC #7 A request by Marge Krueger to move a four acre area which is des ig nated ti_ g hb orhrnd Commercial to thn Tigard Comprehensive Plan and zoned C-N (Commercial Neighborhood) from t•c west side of 135th (vtiuc to d ]aGatar or raximatal 500 �► eet proposed Murray Blvd extension, app y the north side of the wts1 ,r 1 00.1 w lr rt11 1- ; i p∎ .,p or t t 1 (11 , r t r`l b( tu(t 1 1 1 t .t nv o•tr .�. and S(;ho lls Ferry Road approximately 1/4 mite north of Walnut Street, (Wcrm s1 33C, Tax Lot 1000) 11 Publish '1J11/86 1�. CflYOF TIGARD WASHINGTON COUNTY, OREGON COMPREHENSIVE PLAN AMENDMENT. ZONE CHANGE ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 12755 SW Ash, PO Box 23397 Tigard, Cregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION between Scholl.3 Ferry Rd. & 135, 2 mile north of Walnut Street TAX MAP AND TAX LOT NO 1000, Map 151-330 SITE SIZE 5.0 acres N.C. and 4.19 acres R -20 PROPERTY OWNER /DEED HOLDER* Malaef,rueger .ADDRESS Rte 1, Brix 792 PHONE Appur, ANT* Russ Krueger ADDRESS 3515 SW Barber Blvd. PHONE 227 -7992 CITY Portland, O ..ems r. Suite Y -1 ZIP 97201 *When hehe owner applicant the applicant are different licant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application In the space provided on page two or submit a written authorization with this application, 2. PROPOSAL SUMMASEY The owners of record of the subject property request a Comprehensive ehe q p' nsive Plan Amendment (if applicable) fro n NO . & R-201 to J 2,1 :_. NC , and a Zone Clian� a from NO & R-24f0 to R -2 NC_. OR The applicant rtQ q ues is an amend merL 'to the following sections of the Comprehensive Plan or Com!unity Development Code CASE NO._(! RECEIPT NO. APPLICATION CC .TED BY: DATE: Applicat elements submitted: (A) Tication form (1) B) Owner's signature /written a thcrization Applicant's statemen ' \(1 15 copies) ' D Filing fee , Additional information for Compre sive Plan Ma Amendments /Lone Changes Maps indicating property 1- cation (15 copies) List of property P ert y owners 006 ithin 250 feet (1) Vilig_ ' Assessor's Map (1) iitil (H) Title transfer instrument (1) DATE DETERMINED TO BE COMPLETE FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: ex.25 N.P.O. umber Planning Commission Approval Date: City Council Approval Date: 3. List any variance, conditional uses, or other land use actions, to be considered as part of this application: 4• Applicants: To have a complete application you will need to sUbmtt attachments described in the attached information sheet at the time you submit this ,application. 5. TIM APPLICANT(S), MALL CERTIFY THAT: A. The above re nest does not violate an deed restrictions that may attached to or in used von the aubjeecct®, ro, p r applicant will exercise the rights B. If the application �� granted, the app granted in accordance with the terms and subject to all the conditions and limitations of the approval. erty. C. All of the attachments, applicants application, false. above statements and the fit and exhibits trar:Ltted herewith, are true; and the so acknowledge that: any permit issued, based on this may be revoked if it is found that any such statements are The applicant has read the entire contents of the policies and criteria, and understands the or denying the application. DATED this /6:T/' SIGNATURES of each owner (eg. the application, including requirements for approving day of �/ ,.� .., 19 15 husband and wife) of the subject property. • 'BRIE `;d Consuiici a' The Old Library Building o H4R1.,;; , Oregon 01 3 + (503) 648 -4061 209 NE Lincoln Street Suite "B" APPLICATION Comprehensive Plan Amendment and zone ,change to relocate a neighborhood commercial designation from the west side 'f 135th Ave. directly to the northwest. DATE December 12, 198 APPLICANT: Russ Krueger LEGAL DESCRIPTION: northwest and Northeast corners of Tax Lot 1000, OWNIZSRIRMIMMMOMINIMINIMIMIMI Map 1S1-33D. - LOT AREA 5.00 acres for the ON and 4.19 acres for R 25. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial and Medium High Density Residential. ZON CN(: ON and R-25 D Ci.GROUN 7 The existing Neighborhood Commercial site located on 135th ' g ��.19 acre tVeig Avenue is proposed to be relocated directly noy rthwest in order to. accomodate a p ro p osed 168 unit multiple family site on approximate ly ly 6.9 acres of land which includes the existing Nei.ghborhooa Commercial site and property to the south, The other purpose of this relocation is to locate Neighborhood Commercial facilities on land with a 2% grade as compared to the current site which contains approximately This proposal also designed to comply with the a 'I Q� grade.' T g b Murray Extension. The applicant Russ K.rue er did not have an a� P adequate opportunity to address Washington. County when the joint County/City Comprehensive Plan Amendment was prepared for this area Now ��� . .. � � .cant and the City w t at more information is known and better ideas on how the Mu extension. will occur, i8 easier for both the applicant u er�ity to relocate this commercial zoning. This new location is superior becauoe of flatter slopes and the fact that it is centrally located in an area, that will develop with a large number of multiple family housing this Neighborhood Commercial Designation is relcated, .cousin units. o g g _ that the existing Neighborhood Commercial then the applicant re nests t site be designated R-25. • The Old Library Buildin g 209 NE Lincoln Street Suite "B" RYAN O'BRIEN Planning Consultant Hillsboro, Oregon 97123 (503) 648-4061 APPLICATION: Comprehensive Plan Amendment and zone .change to relocate a neighborhood commercial designation from the west side of 135th Ave. directly to the northwest. DATE: December 12 1985 APPLICANT Ruse Krueger LEGAL DESCRIPTION; Northwest and Northeast corners of Tax Lot 1000, Map 1S1-33D. LOT AREA: - _u acres for R 25. nP�.�A, 5, 00' acres for the ON and 4.19 ac COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial and Medium High Density Residential„ ZONING ON and R -25 BACKGROUND The existing 4.19 acre Neighborhood Commercial site located on 135th Avenue is proposed to be relocated directly nor west in order to accomodate a proposed 168, unit multiple family site on approximately 6.9 acres of land which includes the existing Neighborhood Commercial site and property to the south. The other purpose of this relocation is to locate Neighborhood Cotrmorcial facilities on land with about a 2% grade compared o ins approximately a 10% .grade. c�Thieeproposal is also designed ctoccomp�y with the Murray extension. proposal applicant Russ Kreger did not have an adequate opportunity ,. p nity to address Washington County when the joint County /City Comprehensive Plan Amendment was prepared for this area. Nov that more information is known and better ideas on how the Murray extension will occur, is easier for both the applicant and the City to relocate this commercial zoning: This new location is superior because of flatter slopes and the fact that it is centrally located + Y t-that will develop with a ierge number of multiple family in an area t relocated, g ' g od Commercial Designation is housin amts. If this Nen. hbo,nc� then the applicant requests that the existing Neighborhood Commercial site be di.s Hated R-25. • Page Kreuger Plan Amendment and Zone Change SITE DESCRIPTION This site is open agricultural land with no vegetation. A drainage Swale is located directly west of the proposed Neighborhood Commercial site An existing single family house with a large number of sheds and garages are located directly to the east. The only development pattern that has occured in the area are two new subdivisions developed by the applicant to the northeast. Both of these subdivisions are currently under construction. The only other development proposed for the area includes the existing Neighborhood Commercial site and property to the south that will be developed with multiple family units. COMMERCIAL LOCATIONAL CRITERIA The following is the intent of commercial development in the City Comprehensive Plan: 1. Commercial areas be planned at a scale which relates its location, site and type of stores to the trade area to be served. 2. Surrounding residential areas be protected from any possible adverse effects in terms of loss of privacy, noise, lights and glare. 3. Commercial centers and uses be aesthetically attractive and landscaped. 4. Ingress and egress points not create traffic congestion or 'hazards. 5. Vehicle trips be reduced both in terms of the length of vehicle trips and total number of trips. COMMENTS ON ° PLAN INTENT This development is within the scale Of existing development in the area and ,tie projected trade area. Since limited development has occured in the area, maximum protection of surrounding residential areas will be provided, property can be attractively developed and adequately landscaped. Access into the site will be adequate and vehicle trips will be reduced because residences will required 'be uired to drive to t- q °ether shopping centers for convenience goods. As mentioned before, this proposed' ,Neighborhood Commercial site will be generally in +.he center of an area that is proposed to develop with a large number of multiple family units. In excess. of 2000 multiple family housing units could be developed with a population of 4.000 to 5000 people. This proposed location would give convenient access for all the residents., in the area.. } Page Kreuger Plan - amendm Qnt and Zone Change NEIGHBORHOOD COMMERCIAL INTENT AND LOCATIONAL CRITERIA The intent of the Neighborhood Commercial designation is to provide convenience goods which are bought frequently. The range of uses are limited to the trade area. These developments ar' intended to serve 5000 people and be 2 acres in size. This site is 5 acres in size because the existing site is 4.19 acres. When Washington County and the City of Tigard both prepared .the Comprehensive Plan for this area, it was found that this larger size was needed to service the area. In the past, the City chose to retain this acreage instead of reducing it down to two acres. The only difference between this five acre site and the 4.19 acres is that it is a little bit larger. However, because of the unusual shape of the proposed site, there will Le some inefficiencies of land use which will require more landscaping than the even ?square size of the existing Neighborhood Commercial site as currently located. This additional landscaping and visual variety of the shape of the proposed site will be more aesthetically pleasing and fit into the character of development in the area compared to the existing site. The service area of this Neighborhood Commercial site is intended to be mile. Only one site is permitted for an area and no traffic colagestion is allowed. Direct access to an arterial street or collector. street is required. Since the Murray extension will be designated a collector street, access to this Neighborhood. Commercial a .te will not be through local neighborhood streets. The site is lare enough to accomodate present and future uses and the scale e of development will be compatable with the surrounding area. Residential, privacy will be maintained and the unique features of the site shall be incorporated into the development. Associated ligh +hs, noise, and other activities will not interft:re with residential areal. Based on these facts, the location of the subject property for a N6 ghbo: °'good Commercial development complya with all requirements ments and locational criteria of the Neighborhood Commercial zone. Secondly, since the existing Neighborhooi. Commercial site is identical to the property to the west which is designated R -2 , then redesignating the existing Neighborhood Commercial' site to R -25 will not create any impacts to the neighborhood. MEDIUM HIGH DENSITY RESIDENTIAL LOCATIONAL CRITERIA Areas not committed to low density development. 2. Buffered from low density. 3i Direct access to a major collector or arter!,.al street. Not subject to development limitations. Adequate capacity of public facilities and services. Public Transit within one - quarter mile. Commercial within one - quarter mile. Adjacent to public open space. Page Krueger Plan Amendment and Zone Change Density Ranges will be dependant upon the following: 1 The topography and natural features of the area and the degree 0 possible buffering from established low density residential areas. 2. The capacity of the services. 3. The distance from public transit. ,j. The relationship of the site to existing neighborhood and general commercial centers and office and business centers. COMMENTS ON HIGH DENSITY RESIDENTIAL LOCATIONAL CRITERIA The subject property meets all of the above R25 high density residential locational criteria. COMPLIANCE WITH THE COMMUNITY DEVELOPMENT CODE Bot1' of these designations comply with the standards of the City Code. The ' There are no dimensional or set back standards that need tc be addressed a in order to justify these requests. Both properties are more than adequate in size to accomodate the intended uses. LCDC GOALS ... Goal 1. Citizen Involvement will be available at the NPO, Planning Commis Sion and City Ccunc±l Meetings. Goal 2. An adequate lend use process is a1_ree.dy available in Tigard. Goals 3t 6, 3p and 14, do nt. t apply. Goal 5. None of the subject propt3rty needs to he 'preserved as open space. Goal 7. than limited drainage exist on the No natural hazards other Me. 7`te. Normal engineering and construction practices will eliminate all drainage impacts. Goal 8. Adequate open space and 'recreational facilities will occur when development occurs �-, Goal 9 Adequate Commercial will help improve and diversify the local. 5 economy. Goal 10. No housing will be displaced. Goal 11. Adequate public facilities and services will be available Mien development occurs. Goal 12. As development occurs, adequate transportation facilities will .fie provided Page 5 Krueger Plan Amendment and Zone Change COMPLIANCE WITH THE COMPREHENSIVE PLAN * Neighborhood Commercial - Concentration of small commercial and per- sonal service us,s for daily shopping Ind related needs of nearby residents. • Citizen Involvement This will be available through the notification and hearing process. • Natural Features and Open Sp ace The property is not 5,dentified for P � open space preservation and contains no unique natural features in need of preservation. * Physical Limitations and Natutal Hazards - None are located on the property. * Air, Waters and Land Resource Quality - U.r pollution will be out by closer proximity of commercial uses to ri4sidential.. No impacts to water and land resource quality are anticipated. • Economy This application and land development. will help' ipnprove and diversify the economy of the state. * Housing This application will have no effect on housing opportunities. * Public Facilities and Sea ^vi ces - They are all available. • Transportation This application will have a positive effect on the Tigard Transportation Systew. . It will help implement the improvement of 135th Avenue and the proposed new east /west street connection of S'cholls Ferry Road and 135th Avenue. LEGIBILITY STROP Page 2 Kreuger Plan Amendment and Zone Change SITE DESCRIPTION This site is open agricultural land with no vegetation. A drainage swale is located directly west of the proposed Neighborhood Commercial site An existing single family house with a large number of Sheds and gs.'zages are located directly to the east. The only development pattern that has occured in the area are two new subdivisions developed by the applicant to the nor6heast. Both of these subdivisions are currently under construction. The only other development proposed for the area includes the existing Neighborhood Commercial site and property to tho south that will be developed with multiple family units. COMMERCIAL LOCATIONAL CRITERIA The following is the intent of commercial development in the City Comprehensive Plan. 1. Commercial areas be planned at a scale which relates its location, site and type of stores to the trace area to be served. 2. Surrounding residential areas be protected from any possible adverse effects in terms of loss of privacy, noise, lights and glare. 3. Commercial centers and uses be aesthetically attractive and lands 3aped., 4 Ingress Pnd egress points not e g or hazards. of cr.,ate traffic congestion 5. Vehicle trips be reduced both in terms of the length of vehicle trips and total number of trips. COMMENTS ON PLAN INTENT p within existing development the This development is a • ' than the scale of exzsta.n develo �aent.in t area and the projected trade area. Since limited development h s c ccured • • g residential yeas -4)1 in the area, maximum protection of surroundzn res be provided. This proper ty can be attractively developed an adequately landscaped. Access into the site will be adequate and vehic;,e trip's � not be required to drive to use residences will, not will be reduced because this other shopping centers for convenience goods. As mentioned before, proposed Neighborhood site will be generally in the center ro osed Nea, hborhood Gommercial of an area that is proposed to develop with a large number of multiple family units. c 2000 multiple family housing units In excess. of 20 • , �. to 5000 people r >�uu? a be developed with a population of 4000 t proposed give convenient at�'ess for all the °re.Aiden..ts This ro osed location would in the area Page Kreuger Plan amendment and Zone Change NEIGHBORHOOD COMMERCIAL INTENT AND LOCAT IONAL CRl EIA The intent of the Neighborhood Commercial - designation is to provide convenience goods which are bought frequently. The range of urea are limited to the trade area. These developments are intended to serve 5000 peop;?.e and be 2 acres in size. This site is 5 acres in size because the exis`. ' Kng site is 4.19 acres. When Washington County and ';he City of Tigar< he.th prepared the Comprehensive Plan for this' area, it was found', that this larger size was needed to se. -vice the area. In the past, the City chose to retain th ^s acreage i stead of reducing it down to two acres. The only differen We between this five acre site and the 4.19 acres is that it is a little bit larger. However, because of the unusual shape of the proposed site, there will be some inefficiencies of ]_and use which wi require more landscaping than the even square size of the existing Neighborhood Commercial site as currently located. This additional landscaping and visual variety of the shape of the proposed site will be more aesthetically pleasing and fit into the chara ^.ter of development in the area compared to the existing site. The service area of this NAghborhood Commercial site is intended to be mile', Only one site is permitted for an area and no traffic cong� ~ ion. ,n is allowed. Direct access to an arterial street or collector street is required. Since the Murray extension will be designated a collector street, access to this Neighborhood Commercial site will not be through local neighborhood streets. The site is large enough to accot odate resent and future uses and the . scale of development will be J 'iompatab :e present with the surrounding area. Residential privacy will be maintained and � �•- be incorporated into the development.. the unique features of tho site b, in. Associated lights, - interfere with r g ts, noise, and other activities wall not rote resic1ential areas. Based on these facts, the location of he subject property for a Neighborhood Commercial development n t com p y s with all requirements and locational Qriteria of the Neighborhood Commercia.. zone. Secondly, since the existing Neighborhood Commercial site is identical to the property to the west which designated then reo:esignatin p p y is d.esLi �nati d R 2 the existing Neighborhood Commercial site to R -25 will not create any impacts to the neighborhood. MEDIUM) -, SIGH DENSITY RESIDENTIAL LOCATIONAL CRITERIA RIA 1 Areas not committed to low density development. Buffered from low density.' Direct access to a major collector or arterial. street. Not subject to development limitations. Adequate capacity of public facilitieo and services. Public Transit within one- quarter mile. Commercial within one quarter mile, Adjacent to public open space. Page 4 Krueger Plan Amendment and Zone Change Dens..ty Ranges will be dependant upon the following: 1. ` '9e topography and natural features of the area and the degree possible buffering from established low density residential uteds. 2. The capacity of the services. 30 The distance from public transit. 4. The relationship of the site to existing neighborhood and general commercial centers and office and business centers. COMMENTS ON HIGH DENSITY RESI DENTIAL LOCATIONAL _ CRITERIA The subject property meets all of the above R25 high density residential locational criteria. COMPLIANCE WITH THE COMMUNITY DEVELOPMENT CODE Both of these designations comply with the standards of the City Codes There are no dimensional or set back standards that need to be addressed in order to justify the requests. Both properties are more than adequate in size to accomodate the int;;nd:ed uses. LCDC GOALS Goal 1 Citizen nl Znvolverenl, will be available Commission and City Council Meetings. Goal 2. An aeequate :Land use process is Gba1s22. A. n do not apply. p y p .ved as open space. Goal 5. None of the subject rorart needs to be reF?^ Goal 7. No natural hazards other than limited drainage exist on the site Normal engineering and construction practices will eliminate all raina.1 impacts. d �;e 'p acts. Goal 8. Adequate open space and recreational facilities will occur when development occurs. Goal Adequate Commerc.'al will help improve and diversify the local economy. Goal 0.. No housing mill be displaced. Goal. 11. Adequate publ ic facilities and 'when -nVelopment occurs. Goal 12. As development occurs Tre p. va.de already available in services adequate transpo will be available Page Krueger Plan Amendment and Zone Char,. ge COMPLIANCE WITH THE COMPREHENSIVE COMPLIANCE PLAN 3` Neighborhood Commercial Concentration of small commercial and per- sonal service uses for daily shopping and related needs of nearby residents. * Citizen Involvement This will be available through the notification and hearing process Open Space property is not identified • Natural Features and b en S .ace - The for oper space preservation uld contains no unique natural features in nead of preservation. * Physical Limitations and Natural Hazards None are located on the property. * Air, Water, and Land Resource Quality - Air pollution will be cut by closer proyamity of commercial uses to residential. No impe ets to water and land resource quality are anticipated. * Economy - This application and land developments Drill_ help improve; and diversify the economy of the state. * Housing - This a pp lication will have no effect on housing o pp ortunaties. * Public Facilities and Services - They are all available. 3* Transportation M System. _ �1ll have e positive effect on the This application �.� Tigard Transportation System. I will help ±m►lement the improvement of 135th Avenue and the proposed new east /wes* street connection of S'cholls Ferry Road and 135th Avenue. a Notice is hereby given that the Tigard Planning Commission, at its meeting on Tuesda',, ebruary j 1986 at 7 :30 P.M., in the lecture room of Fowler Junior High School, 10865 S.W. Walnut Street, Tigard, Oregon, will consider the following application: FILE NUMBER: CPA 1-S6 and ZC 3 -86 APPLICANT: RUSS KRUEGER 3515 SW Barber Blvd. Portland, OR 97201 OWNER: MARGE KRUEGER Rt. 1 Box 792 Beaverton, OR 97007 REQUEST: To move a four acre area ohich is designated Neighborhood Commercial in the Tigard Comprehensive Plan and Zone C-N (Commercial Neighborhood) from tIve Lest side of 135th Ave to a location on the north aide of the proposed Murray Blvd. e "tct.sion, approximately 500 feet west of 135th Ave. LOCATION: The subject property is located between 135th Ave. & Scholls Ferry Road approximately toile north of SW Walnut St. (WCTM 1S1 33C, Tax Lot 1000). ,.L (See map on reverse side) The public hearing on this matter will be conducted in accordance with the OC rules of Chapter 18.32 of the Coum nity Development Code and rules of tf' procedure of the Planning Commission. Any. persons having interest in this matter may attend and be heard, or testimony may be submitted in writing to be entered into the record of the initial hearing. For further inform.scion, please contact the Planning Department at 639-4171. TIGARD CITY HALL, 12755 S.I. Ash Avenue (Corner of Ash. Avenue & Burnham Street), or contact your Neighborhood Pis nning Organization (NPo) t 7 7 Sing. L LoPS". 000 IL CO W S�• Russ Krueger 3515 SW Barber Blvd. Suite Y1. Portland, OR 97219 Ryan O'Brien The Old Library Bldg. 209 NE Lincoln St. SC to B tillsboro, OR 97123 Marge Krueger Rt. 1 Box 792 Beaverton, OR 97007 A SZMAN 12085 SW 135th AVe. Ti ar.i, OR 97223 SUNAMOTO 12030 SW 135th AVe. Tigard, OR 97223 WERCO- FRANKLIN ATM: John Peterson 9075 SW Beaverton Highway Portland, OR 97225 YORK 5 102 SW Scholls Ferry Rd. Portland, OR 97225 K Investors, Inc, 937C SW Greenburg Rd. Portland, OR 97223 HOPPER Rt.. 1 Box 390 Berverton, OR 97005 C LARK 531 Oak Leaf Dr. E ugene. OR 97402 rA ' Rt. 1" Box 398 Beaverton', OR 97005 BYE Rt. 1 Box 398 Beaverton, OR 97005 YOUNGMAY! 1D 13985 SW Fern St. Tigard, OR 97223 BRIDGWATER 13995 SW Fern St. Tigard, ra 97223 LUDLUM 140G5 SW Fern St. Tigard, OR 97223 BOHAN 14115 SW Fern Tigard, OR 97223 DICKINSON 707 S. Chehalerc Newberg, OR 97132 BOWMAN 14235 SW Fern Tigard, OR 97223 LUI(ER 14285 SW Fern Tigard, OR 97223 PGE ATTN: PROPERTY DEPT. 121 SW Salmon Portland, OR 97204 cCOY , PO toX 35324 ?hoen x, Az. 85069 nservative Baptist Metro Mission Society PO Box 14495 Portland, OR 97214 ELLINGTON Rt.• 1'. Box 405 Beaverton, OR 97007 BECKMAN 1,2620 SW 135th Ave Tigard, OR 97223 JOHANSON 13535 SW Walnut Tigard, OR 97223 JAMIE SON 13585 SW Walnut Tigard, OR 97223 CAGLE 13635 SW Walnut Tigard, OR 97223 Cook 13735 Si,7 Wallnut. Tigard; OR ^17223 NEWMAN 12615 SW 136th Ct. Tigard, OR 97223 COBBS 12660 SW 135th Tigard, OR 97223 NORTON 13590 SW Walnut Tigard, OR 97223 PETZOLDT 1450 14 gar , O$1 23 eF LEGIBILITY SIR • , 4,"-A17 ERSHIPS WITHIN 250 FEET OF THE RUSS KMEGER PROPOSED , NEIGHBORHOOD COMMERCIAL SITE m,60 2.- Tax Map 281-4B: Lot 102 and 100 - Frank and Janis Aszm.n 12085 SW 135th Ave; Tigard, Oregon 97223 Tax Map 2S1- 4AB s Lot 100 Robert Sur amo too 12030 SW 135th Ave. Tigard, Or. 97223 Lot 4500 Webco -Franklin Attention John Peterson 9055 SW Beaverton Highway Portland, Oregon 97225 Lot 3800 Richard and Carol York 5102 SW Scholia Ferry Road Portland, Oregon 97225 Nrr Lot 3700 H and K Investors, Inc. 3900 • 9370 SW Greenburg Road Portland, Oregon 97223 Lot 4600 BenjFran Development, Inc. 4700 - 9370 SW Greenburg Road E T, . 50i i Portland, Oregon 97223 j Tax Map 1 51 -330 Lot 1300 Marlin and Marilyn Hopfer Rt. 1, ox 390 Beave;rto:', Oregon 97005 Lot 1000 - Marge Krueger Rt 1, Box 792 Beaverton, Oregon 97Q07 , 1200 George and Marguerite Clark 3$1 Ova Leaf Dr., Fugene, Or 97402 Tax Ma p 251-4B TL 200 - Kenneth & Vela Chard Rt. 10 Box 398 Beaverton, Oregor 97005 201 - Bruce Dianne Bye Rt. I, Box 398 Beaverton, Oregon 9700,E 2S1-4B0, Tax Lot 100 William 8 Brenda Youngn,.ayer 13985 SW Fern St. Tigard, Or. 97223 200 - David & Lorene Bridgwater 13995 SW Fern. St. Ti gar&, Oregon 97223 400, 500,& 300 - Robert & Joann Ludlum 14065 SW Fern St. Tigard, Oregon 97223 600 - Thomas Bohai. 14115 SW Fern Tigard, Oregon 97223 700 - Van & Stella Dickinson 707 S. Ohehal em Newberg, Or. 97132 800 - Marvin Bowman 14235 SW Fen Tigard, Or. 97223 900 - Lamar & Darlene Luke. 14285 SW Fern Tigard, Or. 97223 1000 - PGB', Attention: Prop orty Dept. 121 SW Salmon Portland, Or. 97204 281-5, Tax Lot 200,- Ronney McCoy & 1200- P.O. Box 35324 Phoenix, AZ 85069 1300 - Conservative B9' t,ist Metro. Mission Society P.O. Box 14/,';':, Portlandh r17 " `1 L :lira gton x*1 4 1401 - Henry & �i.,.:��.�r��. � �. ,� g Rt. 1, Box 405 Beaverton, Or 97007 141 pity Rd. 5 3700 Garve and Marilyn Beckman 12620 SW 135th. Ave. Tigard, Oregon 97223 Map 2S1- 4BD, Tax Lot 100 - Martin & Joan Johanson 13535 SW walnut Tigard, Or 97223 200 - Bruce & Rita Jamieson 13585 SW Walnut Tigard, Or. 97223 300 ., Otis & Ruby Cagle 13635 SW Walnut Tigard, Oregon 97223 400 - Helen Cook 13735 SW Walnut M , Tigard, Or. 97223 5b0 d John & Shirley Newman 12615 SW 136th Ct Tigard, Oregon 97223 :y a 700 - Hartzell & Joy Cobbs 12660 SW 136th Ct. Tigard, Or. 97223 800 - John & Kathleen Norton 13590 SW Walnut Tigard, Or. C)7223 900 - Henry & Frara ces Petzoldt 13540 SW Walnut Tigard, Or 97223 1 500 Helen Gook re 13135 8W Walnut Tigard, Or 97223 1600 - Donne`_ & Stephanie Williams 13865 S'W Fern Tigard, Oregon 97223 N C O R P O R A T E D CIVIL ENGINEERS, LAND SURVEYORS & PLANNERS 140 N.E. THIRD AVENUE HILLSBORO. OREGON 97123 5031646.4101 March 12, 1984 PURPC rE': Russ Krueger In SW 1J4 ®f Section 33 X15„_R1 ., W.M. , Iaahi ngton County, Ora jon Commercial Zoning FOR IDENTIFICATION ONLY FOR USE ON LEGAL INSTRUMENT Beginning at a point on the East line of the southwest quarter of Section 33, To rnship 1 South, Range 1 West, Willamette e I eridian which bears South 330.00 feet from the No>:theast corner of the Southeast quarter of the Southwest q uarter said Scction and running thence West parallel to the Msrth line said Southeast quarter of the Southwes t quarter 660.00 fee -, thence South p ai flidh East c on the arc f a 64 foot radius line of said Southwest quarter 150.00 feet; thence on 60'3W00" Ea+tst curve to the right (the long chord of which bears 348.00 feet) 352.44 feet thence South 41°30100" East 188 26 feet; thence North 480'' 30' 00" East 5s. , along curve to the le!t (the log chord of SO feet; thence glen the am of a 570 foot a:ury which beaas's North 24'15'00" East 468.22 feet) 482.50 feet to the pant of beginning. 5 At.ter-s-Cgme. OWNERSHIPS WITHIN 250 FEET OF THE RUSS KRUEGER PROPOSED NEIGHBORHOOD COMMERCIAL SITE Tax Map 281 B1 Lot 102 and 100 - Frank and Janis Aszman 12085 SW 135th Ave. Tigard, Oregon 97223 Tax Map 2S1 4AB: Lot 100 Robert Sunamo to 12030 SW 135th Ave. Tigard, Or. 97223 Lot 4500 - Webco- Franklin Attention John Peterson 9055 SW Beaverton Highway Portland, Oregon 97225 Lot 3800 Richard and Carol York 5102 SW Scholia Ferry Road Portland, Oregon 97225 Lot 3700 - H and i1 Investors, Inc. 3900 - 9370 SW Greenburg Road Portland, Oregon 97223 Lot 4600 BenjFran Development, Inc. 4700 - 9370 SW Greenburg Road Portland, Oregon 97223 Tax Map 181-33C Lot 1300 - Marlin and Marilyn Hopfer Rt. 1, Box 390 Beaverton, Oregon 97005 '7640 THIS INDENTURE Made this ..•11 t h day of Mary FIRST NATIONAL BANK OF OREGON, a National Banking Association72the duly between qualified and acting P Y PPointetd • hereinafter called ale first andaoARGERY F KRUEGER,aa married omen' deceased, hereinafter called the second party; WITNESSEZH: . For value received and the consideration hereinafter aateaed, the receipt whereof hereby is acknowledged, the first party has granted, bare, r,e sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said second party and second party's heirs, successors -its ►interest and assigns all the estate, right and interest of the said deceased at the time of d cedent's• death, and all the right, title end interest that the said estate of by operation have thereafter acquired � said deceased b -o eration of the law or otherwise or ac uired in t.nat•certain real property situate in the County of Washington, State of Ord en, described as follows, towit. . All that part of the north .1/2 of the northwest 1/4 of Section 4, Townahi u; th Sou Esn Wear of the Willarette Meridian, Washington County,, Oregon, South and East of S`olta Ferry Road. _, + EXCEPT that portion described in declaration of tacking in cause a erein the t'° � United States of America is plaint_if and L. Semler and Ann Semler, and d Alma Z. Struthers, et al, are defendants, recorded Flay 22, 1939, in deed book 180', page 501. (Bonneville Power Lint) • Rangenl West, W.M orthe� a corner of estcaidistancce Township 2 South, ita n2 t thence South 89°48' West a distance of 480.0 of 490.00 feet;, VE East a distance of 490.00 feet to a point on the North thence North Oti thence North 89 °48' East along said North line ofn Section n4 a distance 4� 4 n of 480.00 feet to the point of beginning, excepting therefrom the Easterly ',N 20.00 feet in S.W. 135th Avec;;c, and together with a fifteen foot in width � + Easement surrounding that certain well which lies immediately South of the' (t above described parcel, together with a fifteen foot Easement over the pipe leading from said well to the above described premises and the r< to use the water from said well for domestic and farm ..0 �`" Easement being described as follows: reface, ;decd Beginning at a point on the South line of the above described tract, which point is North 89 °40' East a distance of 122.0'd feet from the Southwest corntr of said tract; thence South 2 °44' ?ast a distance of 151.31 feet; thence South 0 °21' West a distance rF 213.3' feet to the well casing located in a concrete block Jell house,, together with an easement of 15 feet around acid concrete block well house; subject to all other terms and conditions cited on 'Wage 3 and 4 of the Contract Sale Agreement dated December 27, 19452 bet'wettn Evelyn G. Hansen, as Seller, and NeIa K. Arend, as Buyer, recorded in Book 478, Ped28 109 '7rU Tl °, yashington County Deed Records. Said easement and right to use raid Mater to be a water right appurtenant to said tract excepted above and available for use Evelyn G. Hanaen, her heirs and assigns, until such time as a municipal water supply Is wade available to or at the boundary line of said tract excepted above. When such municipal water supply is so made available, said water right and easement shall thereupon terminate and, subject to this agreement and the Lees of the State of Oregon, be the exclusive property of the Grantee. Until such time of termination, Grantee shall have a right to utilize water from the Fell, but cnh right co use shall be subservient to Evelyn C. Hansen, her heirs d r Subse �ueaa, to the tine Subsequent in+e of termination of such right anew eaatem and assigns use thereof. Evelyr G. hannen, her heirs and at�'ligns, shall vacate said easement and the Yell anl appurtenances Ethan, thereafter, be the r ro ert time, Evelyn G. Hansen, her hefts and assigns, at°vritter .eequesttof• At thee . shall quitclaim said Grantee,. aid easement. eee DEED PERSONAL REPRESENTATIVE Sub e t to the other terms of this agrees nt, Prior to iewminfitioei of the a eeeent, Evelyn G. Hansen, her heirs and assigns,,msy relocate, at their exile_nee, the pipe from the well to the point of delivery on aaid•excepted tract a ove. In the event of such :relocation, Evelyn G. Hansen, her heirs and assigns,, have a right of access to the well fifteen (15) feet in width, the center line of which shall be the relocated pipe. In the event Grantee does not utilize the well, Grantee shall have no • obligation, for the vaintenance of thr: well. Also subject to liens and encumbrances of record', cited owe Exhibit Ai attached. TO HAVE AND TO HOLD the setae unto the said second party, and second party's heirs, successors-in-interest and ensigns forever. The tree and actual consideration paid for this transfer, stated in terms of dollars, is $170,000.00. IN WITeESS WHEREOF, the said first party has executed this iu. rument and has caused its corporate name to be signed hereto snd its corporate seal affixed by its officers duly authorized thereunto by order of its Board of Directors. FIRST NATIONAL Bid; OF OREGON, Personal Re rtsentative of the Estate of MLA K. AB END, Deceased PAGE 2. •`, • Assistant Vice Prsasidea • a • . • Aasistpashier Personvlly appeared eemes M. Wilson end D. W Michael, who, being duly sWorn, . each for himself and not for the other, did say that the former is the Assistant Vice h!resident and ahet the "latter is the Assi:seant Cashier of the First National Bank of Oregon, a Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation end that the aaid instrument was signed and sealed on behalf of the aaid Corporation by authority of • the Board of Directors and each of then, acknowledge said instrument to be his 'voluntary act and deed, 3lefose met e e • . : e.,,_,,...,_ Notary Pubi [c for Oregon 4:y Commise ee expi.ree: ,.o c:„ '4 r all. µAl b. •... .'._• aa.t..ir n..rr4.9'�.iia.l" 1. Thu assessment roll and the tax roll disclose that the within deperibed premises were arecially assessed as farm land. If thn land becomes disqualified for the special assessment ender the statute, an additional tax may be levied for the past five or lesser number of years in which the land was subject to the special land use as assrnent, 2. Regulations, including levies, liens, assessments, rights of way and easements of the Unified Sewerage Agency of Washington County, Oregon;. • 3. An easement created by instrument, including the tease .. provisions thereof, dated December 20, 1955, recorded December 27, 1955, in Book 377, Page 71, Deed Records, in favor•of Portland Gas and Coke Company for the construction and maintenance of pipe line over said property. 4. An easement created by instrument, including the terms and provisions thereof, dated March 1, 1962, recorded March 9, 1962,' in Book 458, Page 546, Deed Records, in favor of Southern Pacific Pipe Linea, Inc., a corporation for the construction and maintenance of pipe. Line over said property. 5. An easement created by instrument, including the terms and provisions thereof, dated March 28 1963 recorded March 29, 1963, in Book 483, Page 451, Deed Records, i>ei favor of Portland general Electric Company for utility purposes over said property. 6. Tho rights of the public in and to that portion of the above property lying within the limits of S. W. 135th Avenue. f, Roger Th +ninon. Director of Records and Elections and Ex•ONiciaRe o Con. ve adrtes for said count do certify recei+red and recorded in in of : writing teas 04, records of sold ainali warless ant+ hand and meal affixed. ROGER THOMSSEN. Director of Records & Elections .116 4 Margery F. Krueger. „ne Grantees set fort). below Ln the real property located cribed in Exhibit A attached tee hre re in . The Grantees (,a) Virginia R. R.aeoksns. `:.rstee under Truest Agreement dated December 10 1979, wherein Grantor is Settlor, created for the benefit of Rita Renlans. (b) v..rginra R. o wkins, Trueteae under Trust Agreement dated December 19. 1476, Wherein Granter = is Settler, Grantor, conveys to each of an undivided one perms Merest in Washingtter: County, An des- hereto and by referent,.. acorpera- created for the benefit of Kenneth Lee Simkins. (c) Peggy Salle R. Ayres, TrUete4 =der Trust st AgrsesUt date! December 20, 1975. wherein Grantor is Settlasrr creatterit for the benefit of Nancy Ayres. (4) Peggy Belle R. Ayres. Trustee under Trust Agreement date December 21, 1979, gain Grantor is Settler. created frlr the benefit of Alas Scott. Ayres. (e) Peggy Dolls R. Ayr .a, Trustee under . tVr1 rigratanant dote: osmatmber 22, 109, r,14144tein Grantor is Settler, created for the benefit of Amy _Ayres. (f) Soott *Usse►11, Trustee under Trust Deaf. datsd 6, wherein Grantor is Ssttlor, �-►� :3s i,97N, Debases 4 Russia).* ct tars- fit of '(g) wi2.lia ' ott Russell. Trustee sander Trust Agreoment date Jecereeer 27, 1971, wherein Grantor is Settler, created for the benaf t of Carl Made Russell. (h) Peggy Hisile R. Ayres. individually. (1. W 11I ss Scott Fussell, individually. (j) virgin+ R. Hawkins. individually. (k) Freede -ick Henry Russell. indiVidually. (1) Gerald Vincent Russell, individually. The true consideration for this conveyance is none sTsTz or JR Jul, Bs. County of. Multnomah The foregoing instrument vas acknowledged before me this Orre ;gap c r, 1974. a After Mecording Saturn To: tier Sieber Atterneye at Law ITO lisittock mloe 021 S.W. sishbostes Street, Oartitede Oregon 9fl'O5' tuttiA a Notices Be Al! Sta to Tot 37 F. IgrOmoyst . 1 1110At /02 97005 EXHIBIT A To Deed Wherein Margery P. Krueger Is Grantor Parcel I: The Southeast quarter of the Southwest quarter of Section 33, Township 1 South, Range I West, Willamette Meridian, Washington County, State of Oregon, a cept that tact conveyed by deed recorded in Book 3 01 at Page 40, Washington Co unty, Oregon Deed Records. EXCEPT: 1. The ri h h lying within the lrlts of the puh2..^ in and to that portion Furry Poad. s Of S.W. 135th Avenue or S.W. Scholls 2. Option Agreement between Margery O. Xruegar as seller and Russell A. Krt ger as buyer dated September 29, 1978. Parrr,el II: 4, Tow✓r ship 2 South, Range 1 West, Northwest rig of Section All that part of the North 1/2 of . �rillataette r�ri 9i�, Waehingto County, State of Oregon, South and East of Scholls Perry Roan, EXCEPT that portion described in declaration of Peking in cause wherein the United States of America is plaintiff and L. Semler and Ann Seiler, and Alma B. Struthers, et al, are defendants, recorded May 22, 1534, in Deed hook 180, page 501 (Bonneville Power Liner also EXCEPT the following described property: Beginning at the North quarter corner of . Township 2 Sou 'eh, Range 1 West, Williaraette Meridian; thence South 0 °27' West a distance of 400 feett thence South 00 "40' Nest a distanos of 490 feat; thence Worth 0 °27' Bast a distance of 490 feet to doh 09 $x' Easeof said North lino thence of testim 4 a distance of 490 feet to the point EXCEPT: 3.. ' 15' :n width easerent surrounding that certail well weir. lies immediately South of the 480` by 490' tract des - crebeea as an exception in Parcel 'II, together with a S °+' easement over the pipe leading, from that well to that tract and the right to use the wave= from that well for domestic :end farm purposes, that easement being dNsc ibed as follows: Beginning at a point on the Seeth line of that 480' by 490' tract, which point is North 89'48' East a distance of 122.03' from ehe Southwest corner of the tracts thence South 2°44' East a distance of 151.31'; thence South 0 °21' West v distance of 213.37' to the well casing located in a concrete block wellhouse, together with an eeaue- sent of 15' around said concrete block wellhouse; subject to all other terms an, conditions recited on page 3 and 4 of the contrzet sale agreement dated December 27, 3 962 between Evelyn G. Hansen, as seller and Male lt,. Arend, as buyer, recerded in Book 478, pages 109 through 117, Washington County, Oregon Deed Recoes. That easement and the right to use water is subject to the terms and conditions of the peraeonal representative's deed dated May 11, 1973 and recorded in Book 867 at page 228 and 229, Washington County, Oregon Deed Records. 2. An naseaeent create. d b instrument, including the terms and provisions thereof, dated Deecembee" 20, 1955 end recorded December 270 1955 in Bo* 377, page 71 Deed Records, Washington County, aragen, in favor of Portland Gas and Coke Company for the ccnstruction any: msinteen►1nCaa of pipeline over Parcel:, 3. An easement created by instrument, including the terms aae7 provisions 1962ae 1 ock 458 March 1, 1962 and recorded Deed 1c Records, WsTacgt a march .4 1462 141 Bock � Southern Pipelines, corpotat cn, forithe aconstruction and maintenance of a pipeline over Parcel U. 4. An easement created by instrument, including the terms and 14 3i dated March e recorded in Book 483 at g45 Ded ecords, Washington y. Oregiin in favor of Fo"tl and General Electric Company for perrhses ever Parcel ix 5. The rights of the public in and to that portion lying eithin the limits of Southwest 135th Avenue. 6. Option Agreement between Margery F. Krueger as seller and Russell A. Krueger au buyer dated September 29, 1978. rmasoremmee __. oat o amw tisid artoF TK P.O. BOX 23397 TIGARD, OREGON 97223 4 7* It bops '111fatiblos, n K Investors, I 44,0 9370 SW Greenburg Rd. Portland, OR 97223 P.O. BOX 23397 TIGARD, OREGON 97223 H & K Investors, Inc. 9370 SW Greenburg Rd. Portland, OR 97223 P.O. BOX 23397 TIGARD, OREGON 97223 WZBC0.-FRAi7XLMT ATTN: john Pe ter,:nn 055 SW Beaverton Ilighva Port/arid, OR 97225 111 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]