Correspondence . /a 3c° '
Albert Shields
From: Albert Shields
Sent: Thursday, July 21, 2011 1:19 PM
To: 'RKBBrown @att.net'
Cc: Todd Prager
Subject: RE: BUP2011 -00150
Attachments: Albert Shields2.vcf
Richard /Steve ... correction. Condition #3 for the cash assurance does not have to be met before issuance of the demo
permit but we do need tree protection fencing in -place and an inspection report from your arborist confirming and
approving the protection placement.
Albert Shields
City of Tigard
x1 Project
-° -- Development
rffetAr_?) Specialist
Albert @ tgard -orgov
(503) 718-2426 WoWork
(503) 624 -3681 Fax
From: Albert Shields
Sent: Thursday, July 21, 2011 9:49 AM
To: 'RKBBrown @att.net'
Cc: Todd Prager
Subject: RE: BUP2011 -00150
Richard /Steve ... please note Todd's comments below regarding the Conditions of Approval that must be met before the
demo permit can be issued. Please take care of these items at your earliest convenience.
Albert Shields
City of Tigard
. Project
Development
S Specialist
Albert @tigard- or.gov
(503) 718 -2426 Work
(503) 624 -3681 Fax
From: Todd Prager
Sent: Thursday, July 21, 2011 9:27 AM
To: Albert Shields
Subject: BUP2011 -00150
Albert,
I am reviewing the demolition plan for the Troy Park Subdivision, and the following conditions are required to be met
prior to issuance:
1
1. Condition 3 - Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit)
for the equivalent value of mitigation required (137 caliper inches times $125 per caliper inch = $17,125). Any
trees successfully planted on or off -site, in accordance with an approved Tree Mitigation Plan and TDC
18.790.060.D, will be credited against the assurance two years after all of the trees are planted per the
approved Tree Mitigation Plan. The project arborist shall submit a letter to the City Arborist to certify that all of
the mitigation trees were properly planted per the approved Tree Mitigation Plan, and set the starting point of
the two year tree establishment period. In addition, if Trees #1967 and #1991 are properly protected, they will
be credited against the assurance upon successful planting two years after all of the trees are planted per the
approved Tree Mitigation Plan. After such time, the applicant shall pay the remaining value of the assurance as
a fee in -lieu of planting.
2. Condition 4 - Prior to site work, the applicant shall install fencing as directed by the project arborist to protect
the trees to be retained. All trees to be preserved shall be protected with five or six (5" - 6 ") foot high chain
link fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven into the ground to a
depth of at least 2 -feet at no more than 10 -foot spacing. The applicant shall position fencing as directed by
the project arborist to protect the trees to be retained. The applicant shall call for an inspection and allow
access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that
the tree protection measures are performing adequately.
3. Condition 5 - The Project Arborist shall submit written reports to the City Arborist, at least once every two
weeks, from initial tree protection zone (TPZ) fencing installation through building construction. The reports
shall include the condition and location of the tree protection fencing and whether any changes occurred. If
the amount of TPZ was reduced then the Project Arborist shall certify that the construction activities did not
adversely impact the overall, long -term health and stability of the tree(s). If work is required within an
established tree protection zone, the project arborist shall prepare a proposal detailing the construction
techniques to be employed, and the likely impacts to the trees. The proposal shall be reviewed and approved by
the City Arborist before proposed work can occur within a tree protection zone. The City Arborist may require
changes prior to approval. The project arborist shall be on site while work is occurring within a tree protection
zone, and submit a summary report certifying that the work occurred per the proposal and will not significantly
impact the health and /or stability of the trees. Failure to follow the plan, or maintain tree protection fencing in
the designated locations shall be grounds for immediate suspension of work on the site until remediation
measures and /or civil citations can be processed.
In summary, they will need to pay their cash assurance, install the tree protection, and have their project arborist send
in reports. The site plan can be signed off, but the permit should not be released until these items are taken care of.
Thanks,
Todd Prager
Associate Planner /Arborist
City of Tigard I Community Development
13125 SW Hall Boulevard
Tigard, Oregon 97223
www.tigard- or.gov
Phone 1 503.718.2700
Email I todd @ tgard- or.gov
DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e -mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule."
2
/a3a-0 £ N R/
Albert Shields
From: Albert Shields
Sent: Thursday, July 21, 2011 5:04 PM
To: 'Bill McMonagle'
Subject: RE: BUP2011- 00150, Troy Park Subdivision, SUB2007- 00011.
Sorry about that, Bill. We didn't try to keep it a secret.
From: Bill McMonagle [mailto:bill @h - mc.com]
Sent: Thursday, July 21, 2011 4:58 PM
To: Albert Shields
Subject: RE: BUP2011- 00150, Troy Park Subdivision, SUB2007- 00011.
Well I will be dammed. I was under the impression that the City did not extend the last approval period, I stand
corrected. The requirement for the tree protection is valid and I agree I will talk to Dick; he will be surprised as
was I.
From: Albert Shields [mailto:albert@tigard- or.gov]
Sent: Thursday, July 21, 2011 4 :54 PM
To: Bill McMonagle
Cc: Todd Prager; Ron Bunch; RKBBrown @att.net
Subject: RE: BUP2011- 00150, Troy Park Subdivision, SUB2007- 00011.
Bill, I received your telephone message to the effect that the Land Use Approval for Troy Park Subdivision, SUB2007-
00011 had expired and that the new owner of the property should not be required to meet any of the Conditions of
Approval before receiving a demo permit.
Actually, that Land Use Approval has not expired. Recognizing the difficult economic environment, Development Code
Amendment DCA2010- 00001, passed by the City Council 4/27/11 and effective 5/27/11 extended Land Use Approvals
for Subdivisions such as Troy Park that would otherwise have expired between 7/1/2008 and 12/31/2010 to
12/31/2011. So the Land Use Approval is still in effect and the parcel is still subject to the Conditions of Approval for
SUB2007-00011.
Please see below the note I sent earlier today to Richard and Steve Brown. We are not requiring payment of the tree
mitigation cash assurance at this time, even though that is one of the Conditions that applies prior to site work, but we
are applying the tree protection and arborist report Conditions.
Please let me know if you have any further questions.
Albert Shields
From: Albert Shields
Sent: Thursday, July 21, 2011 1:19 PM
To: 'RKBBrown @att.net'
Cc: Todd Prager
Subject: RE: BUP2011 -00150
Richard /Steve ... correction. Condition #3 for the cash assurance does not have to be met before issuance of the demo
permit but we do need tree protection fencing in -place and an inspection report from your arborist confirming and
approving the protection placement.
1
Albert Shields
II
City of Tigard
- !"� Project
i
Development
i�if4 Specialist
Albert@tigard- or.gov
(503) 718 -2426 Work
(503) 624 -3681 Fax
From: Albert Shields
Sent: Thursday, July 21, 2011 9:49 AM
To: 'RKBBrown @att.net'
Cc: Todd Prager
Subject: RE: BUP2011 -00150
Richard /Steve ... please note Todd's comments below regarding the Conditions of Approval that must be met before the
demo permit can be issued. Please take care of these items at your earliest convenience.
Albert Shields
City of Tigard
4 Project
Development
OWA' , Specialist
Albert@tigard- or.gov
(503) 718-2426 Work
(503) 624 -3681 Fax
From: Todd Prager
Sent: Thursday, July 21, 2011 9:27 AM
To: Albert Shields
Subject: BUP2011 -00150
Albert,
I am reviewing the demolition plan for the Troy Park Subdivision, and the following conditions are required to be met
prior to issuance:
1. Condition 3 - Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit)
for the equivalent value of mitigation required (137 caliper inches times $125 per caliper inch = $17,125). Any
trees successfully planted on or off -site, in accordance with an approved Tree Mitigation Plan and TDC
18.790.060.D, will be credited against the assurance two years after all of the trees are planted per the
approved Tree Mitigation Plan. The project arborist shall submit a letter to the City Arborist to certify that all of
the mitigation trees were properly planted per the approved Tree Mitigation Plan, and set the starting point of
the two year tree establishment period. In addition, if Trees #1967 and #1991 are properly protected, they will
be credited against the assurance upon successful planting two years after all of the trees are planted per the
approved Tree Mitigation Plan. After such time, the applicant shall pay the remaining value of the assurance as
a fee in -lieu of planting.
2. Condition 4 - Prior to site work, the applicant shall install fencing as directed by the project arborist to protect
the trees to be retained. All trees to be preserved shall be protected with five or six (5" - 6 ") foot high chain
link fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven into the ground to a
depth of at least 2 -feet at no more than 10 -foot spacing. The applicant shall position fencing as directed by
the project arborist to protect the trees to be retained. The applicant shall call for an inspection and allow
2
access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that
the tree protection measures are performing adequately.
3. Condition 5 - The Project Arborist shall submit written reports to the City Arborist, at least once every two
weeks, from initial tree protection zone (TPZ) fencing installation through building construction. The reports
shall include the condition and location of the tree protection fencing and whether any changes occurred. If
the amount of TPZ was reduced then the Project Arborist shall certify that the construction activities did not
adversely impact the overall, long -term health and stability of the tree(s). If work is required within an
established tree protection zone, the project arborist shall prepare a proposal detailing the construction
techniques to be employed, and the likely impacts to the trees. The proposal shall be reviewed and approved by
the City Arborist before proposed work can occur within a tree protection zone. The City Arborist may require
changes prior to approval. The project arborist shall be on site while work is occurring within a tree protection
zone, and submit a summary report certifying that the work occurred per the proposal and will not significantly
impact the health and /or stability of the trees. Failure to follow the plan, or maintain tree protection fencing in
the designated locations shall be grounds for immediate suspension of work on the site until remediation
measures and /or civil citations can be processed.
In summary, they will need to pay their cash assurance, install the tree protection, and have their project arborist send
in reports. The site plan can be signed off, but the permit should not be released until these items are taken care of.
Thanks,
Todd Prager
Associate Planner /Arborist
City of Tigard I Community Development
13125 SW Hall Boulevard
Tigard, Oregon 97223
www.tigard-or.gov
Phone 1 503.718.2700
Email I todd@tigard- or.gov
DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e - mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule."
3
,-f ao / / -c /S
/ a 3c 5- -✓ --,&?
Albert Shields
From: Bill McMonagle <bill @h- mc.com>
Sent: Thursday, July 21, 2011 4:43 PM
To: Albert Shields
Cc: RKBBrown @att.net
Subject: FORMER TROY PARK
j4jijrris-McMonagIe
Since
Associates 9968 ssoc ates Inc
Engineering — Surveying— Planning
8740 SW Scoffins Street, Tigard, Oregon 97223 -6226
Tel. (503) 639 -3453 - Fax (503) 639 -1232 - www.h- rnc.com
Al, it has been a while since last we spoke.
My client, Richard Brown has purchased the land that was previously approved as Troy Park and that approval
has now expired.
Due to liability issues of the vacant existing house, Richard has applied for a demolition permit to remove the
house and foundation and fill in and compact the hole from the excavation. The filling and compaction will be
monitored by the geotechnical engineer.
Richard gave me a copy of the email letter from Todd Prager concerning providing a cash assurance, etc. for
mitigation of 137 caliper inches. This former condition applied only to the former development of Troy Park, not
to the existing Tax Lot with the vacant house. The conditions have expired and are no longer in affect. The
requirement for fencing and an arborist no longer apply as we are now just dealing with a Tax Lot, not a
development application.
Richard is only looking to remove the house, not the trees, but in any event should he chose to do so I believe
he is within his rights to do so with impunity due to the fact that the former development action approval has
expired.
The plan as presented showing the existing home and other improvements is simply to be treated as a sketch
as it no longer is valid as an approved land use document.
Please let me know your thoughts.
Sincerely
William I. McMonagle
1