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MMD2012-00025 NOTICE OF TYPE I DECISION • MINOR MODIFICATION (MMD) 2012 -00025 DARTMOUTH COMMONS TIGARD 120 DAYS = 3/21/2013 SECTION I. APPLICATION SUMMARY FILE NAME: Dartmouth Commons CASE NO.: Minor Modification (MMD) MMD2012 -00025 PROPOSAL: The request is to modify the landscape plan approved through Site Development Review (SDR2008- 00003) by changing the parking lot tree species from Fiaxinus penny/vanica (Summit Green Ash) to Platanus x acrrifolia (London Planetree). APPLICANT: TLB, LLC & Mary Meletis 2, LLC by Jim Lampus P.O. Box 25716 Portland, OR 97298 APPLICANT'S REP: TM Rippey Consulting Engineers Lans Stout, Planning Consultant 7650 SW Beveland St. Tigard, OR 97223 OWNER 1: TLB, LLC P.O. Box 25716 Portland, OR 97298 OWNER 2: Mary Maletis 2, LLC 2338 SW Madison St. Portland, OR 97205 LOCATION: 11860/11930/11990 SW 72nd Avenue and 7140 SW Clinton Street; WCTM 1S136DC, Tax Lots 4000, 4100, 4200, 4300, and 4402. ZONING DESIGNATION: C -G: General Commercial District. The C -G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non - conforming, residential uses are limited to single- family residences which are located on the same site as a permitted use. A wide range of uses, induding but not limited to adult entertainment, automotive equipment repair and storage, mini - warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. MUE: Mixed -Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing the latter includes multi- family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious MMD2012 - 00025 Dartmouth Commons Page 1 of 3 institutions, medical centers, schools, utilities and transit - related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to 1) support alternative modes of transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate infra- district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.360. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Vicinity & Site Information: The subject site is located on the east side of SW 72nd Avenue between Dartmouth and Clinton Streets. The site is made up of five (5) parcels. Two are zoned General Commercial (C -G) and the other three are zoned Mixed Use Employment (MUE). Four of the parcels are owned by the applicant, but the fifth is being leased by the applicant for fifty years. Surrounding properties are zoned C -G to the east, west, and south; and zoned MUE to the north. The site is bound by streets on the north, west, and south sides. Properties to the east are developed with a new office building or existing single - family homes. These homes are left from when the area was predominantly residential. Site History: Staff conducted a search of City records for the subject property. A Site Development Review (SDR2008- 00003) to construct a new 38,750 square -foot commercial building was approved in December 2008. Other land use cases related to the site include a home occupation permit for an auto brokerage service (HOP98- 00122), an adjustment to the access /egress standards (VAR2005- 00102) that was withdrawn, and a zone change to remove the Planned Development overlay from parcels 4300 and 4402 (ZON2007- 00008). Miscellaneous code enforcement citations have been issued for the site. No other land use cases were found. Proposal Description: The applicant is requesting to modify the approved landscape plan from the previously approved Site Development Review (SDR2008- 00003). The request is limited to changing the parking lot tree species from Fraxinuspennylvanica (Summit Green Ash) to Platanus x acerifolia Bloodgood'(London Planetree). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The applicant has requested a Minor Modification to Approved Plans (18.360.060) to modify the parking lot tree species. MINOR MODIFICATION OF AN APPROVED PLAN: Section 18.360.060.0 states that a minor modification shall be approved, approved with conditions or denied following the Director's review and as follows: MMD2012 -00025 Dartmouth Commons Page 2 of 3 1. The proposed development is in compliance with all applicable requirements of this title; and The following criteria are the most relevant to the proposed change: 18.745 — Landscaping and Screening Section 18.745.050.E.a (4) requires that trees be planted in all landscape areas in parking lots on the basis of one tree for every seven parking spaces in order to provide a canopy effect. The applicant is requesting to change the approved parking lot tree from Summit Green Ash to Bloodgood London Planetree. Both are large stature trees that that provide canopy for parking lots. FINDING: Based upon review of the applicant's plans and narrative, staff finds that all applicable requirements of this title are satisfied. This criterion is met. 2. The modification is not a major modification. FINDING: Staff finds that the proposed modification will not result in one of the changes listed in TDC18.360.050.B.1 -11 which require a major modification. Therefore, the proposed development is a minor modification. This criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. T THIS DECISION IS FINAL ON NOVEMBER 27, 2012 A ND BECOMES EFFECTIVE ON NOVEMBER 28, 2012. Questions: If you have any questions, please contact Cheryl Caines at (503)718-2437, cherylc( tigard- or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. a December 27. 2012 APPROVED BY: Cheryl Caines, Associate Planner DATE MMD2012 -00025 Dartmouth Commons Page 3 of 3 • CITY OF TIGARD )vec "' I X I PLANTING LEGEND 21 2 , - ...Exw .., ,Ilally Approved I I vEL) TREEb MwRENE I. ICRD :r Only the work as descdbe H Le • EER DESIG °,.E RR,.12D ' r'ERMIT NO. MMO .O IR -DODOS ■ O 7 A. AB. WELL BRANCHED RANCH TIARA ONPOn SUP-BM S ee Letter to: Follow I V (%� 1 n rxo PCENSECED AR ♦"aw sz Attach l � u 0. ., 47 INO • ` 7 LU 12 G SBEB 'G,0.AL TREE BWM ED *D AD NO Job A.1 itess• 11640 / Ii f;o/ it fro - 8-1 . 0 72..1. 0 CFT, O ' ]S CAL. BI WEL TRITE L BRIUROED R -DOGWOOD ...... .... Y .CF CAA%w- Date: //- .27-/; CITY OF TIGARD 17 RAT AMA iACFIiDy,R000O000- LONDON gAHETREE S CAL BM NEU MMOED. (FADED AT F PLANNING /ENGINEERING O o °°„ °_ MAUI DAI]ERYANA ENNTELEER• CLMNrCLEER PEAR 73` DAL. N, WELL BRAIDED `G �STEp�. , T BtBBABNA 000N o-- 1pE. �" ` P t BAE� TMI RGI SO S H JAPANESE BARBERRY Y ` ^ C011i ..FULL PLANTS SPACERS HOPM / `lN n �.v i.. . COMA SGEMCEA15OSEYT• MOM REDINGD052000 ♦ EAR ` I DIN, CDR. PULL PLANTS, SPACE AS SHOWN MEGMTNS SIMMS AAYURASCEMS - FLAW GRASS 1 GAL CdO - FULL PANTS. SPACE AS SHOWN M..n DI D 1 PRAISER-11 PRAISER-11 MDP:DPOOES TAWDRY • MOWRY EDUNTANI GRASS TLS. LLC. o C ' \ ~ — tCOL-CONT. PU1 PUNTS. SPACE AS S "oWN 1 \ An. P CDDDEN]R5N IOW BELLS'- RHOOCOU lERON II pO\ � ..0 C) \∎.,' Q�70 i 2— wow. TUL owes SW, AS 9CMa• W -P • � • - • .... - _ _ l � 2MODDDEMIRM CN. SPACE E ODOD AS SHOWN - EIEAON N •g p A' 4 \ I \� � 1101l Y.BBPDTM• SCARLET 10131010 ROSE O y \♦ \ ` _ _ — _ — — — — _ — — — -- — _ — -- TPARECCIDE _ P � tdLCO1R..PAL PUNTS. 5SPACE AS SHOWN P0. &,x 254le — m,WL (Nep,n •T2RBt \tl5 MILS SNAUGO'- EMERALD ARBORVITAE A' Bit � O ,`� C.410113 ,• +)A OWIED TO DROOP Promo: i0 aC"-- \CIO —BI III -- _ EEEQAMASIDIOIC- NORDICMLBERNY �Imm� a Dartmouth II "9•NN. WW • ► 4 c.,� Q �_ 0.1.0 7f.F1 GAL-COIL ARL PUNTS. SVACE AS �` , `.._!., _ .. ' - - . - -- ► 40_40 - � NEN µ Commons ' I ► i� I +- ` \\ _ MEDTDB Vwntui wA 1 1RSI NMIM1CIN _ \ \ 'L 0 \\ ,OIL COIR PJLL PM1fS ]0'DC ... `r♦. - ' PENBIETMALOEEDAOIDES'MOIAMI •FIXAE ��.:' I . \` - 1OIL iLLL /h1 ;' s c a }.�� / PANG BELOW ' GRASS 1 NOTES SMR T 41 . \` ` ' • ' I. CONIC TOR SHALL ■ SSOLO10PSOl SDE AAEIOLBITS. MEIN MEIN CONTRA AS SPECISPECIFIES Landscape ape S . , ' : ` , 2. ALL PANTS5WLL BEINSTALEDMACCMMCEMTNDETAILSMOSPECRCATCNd5205050ED Concept Plan � ; , J - 1 A , f; PARR OFTNECONS1RIK110NWCD4MPA:NWE. SEE SHEET 1-22. I 1 : 1 OIIAN ARE LISTED TdL 11E CD11U C TOR4C OMVFREMCE OILY. ALL CDMTS Y75i E NlED 'I • ' mi l' THE C -. ' DITLACTOR PRIOR TO BLSTMLATCN. E CASE OF D/CR®ANCY BETWEEN TIE LEEMAN) Willi _ ® III) PLAN. PANT SMC -AM 01011E RAN RMLL SUPERCEOE QUANTITIES LISTED PI NE LEGEND. A. ML PUNTS CONTRACTOR OE IRRIGATED BY A ALLY OULD C. PERAEMMR. UNDERGROUND ABC.MION ♦• - _ _ ��i' Q C . I II SYSTEM. PUNS T SHALL B OE RAWLSIAYr MALY AU E UND SPECACATIOIK t' _\• / 1 XX SHORN ON SHEET I2.1 • ' 10. M mGATION CALCULATIONS T e cc EN yY N. n c,,.m.. a,. z . . , L I CODE REQUIREMENT MR. DTY.SOE PROV!>EC 011052105 INCHES `rl' vARgIG LOT 'TREES 9,2.5 tJ l]'n0a'S 51.0 `` r ' � PNiNMDl01 BUFFER 12 125 1•13.3 0 aS. \ \ ` RTE BUFFER 1S�7aS 3IS•N Sf,S ,SEA 0:41i A 7 A ` STIFFS TREES Sv 1 0A NOTE UV TRY P O TeeT o1 ��� OTALCAIFER INCHES REMOVED: A11 p g ..•c _ _ RATA TOTAL MIT IWTION INCHES PANNED: 191 .�"Z w NMI _ �= ATA Tta AT _ _ -� 1 ' DIAL CALIPER INCHES LOST - . + +1 �• '� I _ _ __ _ _ __ - Da. N Gmnl,n NOS SW 72ND AVENUE MOEiiV AMA "IA Checked • RAMS WO ,i,,,,,„„.„,„ 10.5155 ING PLAN aNM Al 1 PLANT 11 ., gCALE: ry20d Site Design Review - September 2008 LI.1 PLANTING LEGEND N GROUP, TREES M ILDREN DESIGN P.C. R A • SPACE Suite 76.50 S .W. Bey eland, SuOe 120 3 ALNUS RUBRA- RED ALDER Tigard, Oregon 97223 -8692 3' CAL., BIB. WELL BRANCHED 15031244-0552 NOV 2 7 2012 O 57 CALOCEDRUS DECURRENS • INCENSE CEDAR 6' BIB (3' CAL.I, FULL TREES. BRANCHED TO GROUND • • CITY OF TIGARD 3 CORNUS'EDDIE'S WHITE WONDER - DOGWOOD • •1•:.i.•. A.••• PLANNING /ENGINEERING 3.5' CAL., BIB, WELL BRANCHED 13 PLATANUS X ACERIFOLIA BLOODGOOD' - LONDON PLANETREE .13 SW AY., /.w:2•Nro e Po r•rN. d•9on 97205 3' CAL.. BIB. WELL BRANCHED. HEADED AT 6 Q 1 .:.593.222.195., 31 PYRUS CALLERYANA'CHANTICLEER' • CHANTIC PEAR • • 3 -5• CAL., BIB, WELL BRANCHED L�,lSTF�p SHRUBS AND GRWNDCOVER 4`' • 41n 1 t— '.7\..' BERBERISTHUNBERGII CRIMSONPYGMY'- JAPANESEBARBERRY M9N 9.9 o + 1 GAL. CONT FULL PLANTS. SPACE AS SHOWN 4 i.. it! CORNUS SERICEA'KELSEYI - DWARF REDTWIG DOGWOOD 4E ARC 1 GAL. CONT., FULL PLANTS, SPACE AS SHOWN 1 MISCANTHUS SINENSIS 'PURPURASCENS' - FLAME GRASS 1 GAL. CONT., FULL PLANTS, SPACE AS SHOWN (111 ner PENNISETUM ALOPECUROIDES 'MOUDRI" - MOUDRY FOUNTAIN GRASS TLB, LLC. 1 GAL. CONT., FULL PLANTS, SPACE AS SHOWN RHODODENDRON 'BOW BELLS' - RHODODENDERON • �� O, ♦ i ♦, ,♦ ♦ ♦ ' ► ♦ ♦ ♦ 1 ♦ 18' B&B, FULL PLANTS, SPACE AS SHOWN w Off` -� __ACi RHODODENDRON'CHIONOIDES' - RHODODENDRON I Cr •• 1 \ i 24' BIB, FULL PLANTS. SPACE AS SHOWN _ a ' •�! • • • •a9 ♦ 1 i ROSA V. MEIKROTAL - SCARLET MEIDILAND ROSE O � ♦ 1 2 GAL. CONT FULL PLANTS, SPACE AS SHOWN P O. Box 257 16 rA 6 co L .. 1.1 G f— 1 -- - - - - - — . _ - -- -_ Portland, Oregon 97298-0305 Z I ;� ♦ - - - -- - — - -_ . __ __ 0 THUJA OCCIDENTALIS SMARAGD - EMERALD ARBORVITAE _ ♦ A 1 4' BIB, BRANCHED TO GROUND Project: C..) 1 ♦ r - -I \ � Q i00 I10�I��II � � - i ® ILEX GLABRA'NORDIC'• NORDIC INKBERRV Dartmouth co 1 - . '.,\ 101011'40 V 0i = ,, ♦ - - �� 3 GAL. CONT., FULL PLANTS, SPACE AS SHOWN • v �Q,d'� � \ ARCTOSTAPHYLUS UVA -URSI • KINNININNICK _ Commons i ■ • ! I r , 1 \ � 1 GAL. CONT. FULL PLANTS. 30' O.C. I 1 qIi ' IIIIIIIIIIIINIIIUIIN 11111111111111 61 1 PENNISENM ALOPECUROIDES'MOUDRV' - FOUNTAIN GRASS ' , • \ � �� - 1 GAL. CONT., FULL PLANTS. 24' O.C. - :� rAMNH 1 7001t1HUlOOpnrn l• I'••i 0� * oo c At O @4 — , — ∎' ._ PARKING BELOW - \ , / '.`I,-/` 72nd and Dartmouth - -- ; ;` .�------ ,. ..... ` , _ Tigard. OR 97223 L NOTES Sheet Title I I : - -- - - •,,JJ 1. CONTRACTOR SHALL PROVIDE TOPSOL, SOIL AMENDMENTS. AND EROSION CONTROL AS SPECIFIED. Landscape • 1 irs & � ' „�' + I - - - - i . 1 2. ALL PLANTS SHALL BE INSTALLED IN ACCORDANCE WITH DETAILS AND SPECIFICATIONS AS PROVIDED AS Concept P Ian I II l i _ I / ' / / g I i PART OF THE CONSTRUCTION DOCMENT PACKAGE. SEE SHEET 1.22. I N lip 1 ! 3. QUANTITIES ARE LISTED FOR THE CONTRACTORS CONVENIENCE ONLY. ALL COUNTS MUST BE VERIFIED BY i II .,j -- - li I ' ... THE CONTRACTOR PRIOR TO INSTALLATION. IN THE CASE OF A DISCREPANCY BETWEEN THE LEGEND AND /1` • . PLAN. PLANTS INDICATED ON THE PLAN SHALL SUPERCEDE QUANTITIES LISTED IN THE LEGEND. \ � J 1. ALL PLANTS SHALL BE IRRIGATED BY A FULLY AUTOMATIC, PERMENANT. UNDERGROUND IRRIGATION 41 411 ��T - ■,•,• 1 i \\ \' \ \ \ � / SYSTEM. CONTRACTOR SHALL SUBMIT DESIGN-BBUILD IRRI GATION SHOP DRAWINGS PER SPECIFICATIONS �rr ___ cda ••�� _ \ ` \ \ F � 7 SHOWN ON SH EET L2.1 ..�< 4 I t- - p,— -= I -Tree Species Change ___ 1 � 1 I v , MITIGATION CALCULATIONS 27 Nos ember 2012 ' /!•,`_/ I . E F CODE REQUIREMENT MIN. QTYJSIZE PROVIDED MITIGATION INCHES 'w ;'0 1 PARKING LOT TREES 912.5' 13 3'and4 /6' 51.0 1 ` : • .` • t , PARKING LOT BUFFER 1212.5' 1413.5• 49.0 : ♦ i a ` .. - SITE BUFFER 2512'or 5' 3 /3 "and5316' 168.0 \;i ' \ lul q 0 STREET TREES 20 2013.5• 30.0 '.. 1Hi III 1 i 4 4:" . • • ., - - , � •...'A ` 11 1111 11 1 NOTE: ANY TREE RANTED IN EXCESS OF 7 CAL. IS ELIGIBLE FOR FULL c \ - ' - rs xsraso -' ,, ...... , .. , ..-0.1`4.1:4161:1:, , ,,€, � iP II `�/ E1EEHEF298 EMOVED: 411S ST: 113 PLANTED: 298 Dale: 114 Ikranber 2008 _ _ _ Drawn by: C hecked by: SW 72ND AVENUE NORTH A MS MEG _ -.- Job Number: 105185 Sheet of ® PLANTING PLAN — Site Design Review - September 2008 L1.1 SCALE: 1' =2O' -0' 1 10 20 !L Cheryl Caines From: Cheryl Caines Sent: Tuesday, November 27, 2012 9:54 AM To: 'Lans Stout' Cc: Jim Lampus; Dan Vasquez Subject: RE: Revised Trees Dartmouth Minor Mod Lans — no need for additional copies, this will work. Cheryl From: Lans Stout [mailto:LStout @tmrippey.com] Sent: Tuesday, November 27, 2012 9:44 AM To: Cheryl Caines Cc: Jim Lampus; Dan Vasquez Subject: Revised Trees Dartmouth Minor Mod Cheryl, here is the plan with the tree selection revised. Do we need to change the written statement too, and do you need actual paper copies of this plan? Thanks. Lans From: Cheryl Caines [mailto:cherylc @tigard- or.gov] Sent: Tuesday, November 27, 2012 8:47 AM To: Lans Stout Subject: Dartmouth Minor Mod Hi Lans, I'm writing up the Lampus MMD and have an issue. The approved ash tree is a large stature tree that grows to a height of 50 feet with larger canopy, but the proposed maple is a small to medium tree that is more ornamental. In order to achieve the canopy within parking lots, please propose another large shade tree. I've attached a list of trees that Todd put together if you would like to choose one from there. There are some maples on that list. Let me know if you have questions. 1 RE C t * if NO 2 0 ?0 n City of Tigard '' G E N TIGA I0D a INF E - Minor Modification — Type I Application SING � :s I) GENERAL INFORMATION Property Address /Location(s): ( 'pO/11430 1 /Qq. In addition, the Director must find that the proposed am 7Z. As 410 714o Sta.) Gt,4./vrw4) change is in compliance with all applicable requirements of Tax Map & Tax Lot #(s): /513(o OC_ gocu VI' a), Title 18 of the Tigard Development Code. To complete 4.2. , 43M, treyoZ- this review, the Applicant's proposal must include a Site Size: 2 3 AG discussion indicating how the site expansion /change will Applicant*: 7Tfi c t� �tt4RY.+tiO /f Z C LG continue to comply with the maximum setback, building pp height, parking, and landscaping standards. Other Address: [S 44i14PtL! PO SOX. ZS 6 requirements of this title such as clear vision, solid waste City/State: Fba A e'2 Zip: 1.7Z9.3 storage, non - conforming situations, signs, and tree Primary Contact f. S 57bar r r.A4 Jtsltit?Y e . removal may also be applicable depending on the type and Phone — SF5F Fser. -- location of the proposed modifications. E -Mail: t- s?zti it G 77..(ft.'riot C-d M Property Owner /Deed Holder(s) *: (Attach list if more than one) A-s' u SA'''<<' � �,�r RF,QUIRED STiRMITTAL ELEMENTS Address: Phone: (Applications will > j be accepted without the City/State: Zip: following required submittal elements) * When the owner and the applicant are different people, the ❑ Application Form applicant must be the purchaser of record or a lessee in ❑ Owner's Signature /Written Authorization possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application 111 Title Transfer Instrument or Deed in the space provided on the back of this form or submit a E] Site Plan (4 Large Plans & One — Reduced to 81/2" x 11 ") written authorization with this application. ❑ Applicant's Statement /Narrative (4 copies) ❑ Filing Fee $627.00 Minor Modifications: - Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximum allowed under any one or Case No.(s): more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Other Case No.(s): new Site Development Review or Conditional Use Permit. Receipt No.: Applicant's Statement Date: The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: to each criterion. Failure to provide the information needed Revised: 7 /1/12 to process the application would be reason to consider an i :\ '\ ��0�°' dweapp licacon, \nrinormodificationapp.doac application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 1 of 2 r To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property, • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval • All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this / j day of NGn/GA- -- 4— , 20 l Z 7773, c.c.G - I - M.bt y A1 -E 7 S' 2. , c, c- B Y .1,.. -1 44444 pees • er's S' : re ( Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard - or.gov I Page 2 of 2 NARRATIVE IN SUPPORT OF AN APPLICATION FOR A MINOR MODIFICATION TO TIGARD CITY APPROVAL SDR2008 -0003 November 19, 2012 Applicant /Owner: TTB, LLC and Mary Maletis 2, LLC, by Jim Lampus PO Box 25716 Portland OR 97298 Applicant's Representative: TM Rippey Consulting Engineers Lans Stout, Planning Consultant 7650 SW Beveland St Tigard OR 97223 Discussion: This is a Minor Modification application to change the specie of the proposed parking lot trees from "Summit Green Ash" to "Paperbark Maple ", as shown on the accompanying revised landscape plan, sheet L1.1. This change is requested by the owner in order to provide a more interesting and unique tree rather than the more common Ash. All other aspects of the approved plans will remain unchanged. Code Criteria: Section 18.360.030 of the Tigard Development Code indicates that Minor modifications will be processed as a Type I procedure using the approval criteria of section 18.360.060. Section 18.360.060.C. provides two approval criteria, each of which are addressed as follows: 1. "The proposed development is in compliance with all applicable requirements of this title ". Comment: The proposed change will only alter the type of tree to be used in the proposed parking area. The code is not specific on the tree requirements, as long as the selection is a suitable tree. The proposed Paperbark Birch is a frequently used street tree and in the opinion of the Landscape Architect is suitable for the proposed parking lot. Other Code provisions are not effected by this change because no changes are proposed to design or dimensional elements approved in SDR2008 -0003. 2. "The modification is not a major modification." Comment: Section 18.360.050.B. lists the changes which if proposed are categorized as "major ": 1. Increase in density or coverage for residential development... there is no residential development included in this project. 2. Change in ratio or number of dwelling units... there is no residential proposed. 1 3. A change requiring additional on -site parking... this change effects on the tree selection and does not affect parking. 4. A change in the type of structures as defined by the Building Code... The tree selection is not regulated by the Building Code. 5. Over 20% increase in building height... the building is not affected by this proposal. 6. Access changes which effects off -site traffic... No changes to the access or circulation are proposed. 7. Increase in traffic... The alternate tree selection will not affect traffic. 8. Increase in floor area. The building is not affected by this proposal. 9. Reduction in open space... the tree selection will not alter the amount of open space as approved. 10. Reduction in amenities... This proposal effects only the tree selection and will not affect the approved amenities. 11. A modification to existing conditions... There are no conditions of approval that relate to the type of tree to be used in the parking areas. The above findings show that the proposed change in tree specie satisfies the criteria for review and approval as a Minor Modification under section 18.360.060 of the development Code. 2 • • PLANTING LEGEND 'PEES MARION DESIGN GROW, PL. ill ]• ' ALNUS RUBRA. RED ALDER 7 Tout I2 CAL B WELL BRANDED TR.T, fen R-n:i L✓.WD_' Ve. 274-1,12 OUTDATED MATERIAL O ST °LRr =Ej . DARE n�. (Can be Tossed after end of s fe�,c�s ‘AA-> a s 3 ClRAL,IL RILL BRANCHED "' N•A•.•. 1s CAL, ue.vxu eruucHED appeal period of final decision) ,,-....0c1 e D POACHED HEAD ' T CAL W, WELL BRANCHED. HEADEDFT 6' 1r PYRNE CALLERYANA O..IM 'LEER'- CFMNRLEER PEAR a ^o .ems 10-) p 11 CAL MS ROLL BF4*If1 k-o btu. ✓c- k+^t.Q . S e.e_. 4G lSff p�(�y ' SWIMS AND GRO'JNDCENER Ain ` y " -' ' ` eI a -i d L -1( g ((—� �- 1d • III BERBEAI9 TMIIAFADI fRNMN % MRBERRY ^- -- {GU! 1 DAL CONE, Ml PLANTS. SPACE AS DOWN CDIIMR EED['EA <El3EY1•DN41f RELMM O(1M.TM1C E + �` s_ t D N w R GR � L�PANDI US£RENEEPURRIRAEI& GRASS U+' ' � - , GAL ('ON M/PIANF 9PALE SE 'E • OIA S _ _ PFHIEEEMFAIOPECM•OCEEIARIOo'.IS OIOsJWTANIFFSS TLB. LLC. L i SALCOIR, MI PIANP. 9NACEAS S H]WN .. `� \ � , `�.. 1 • , , _ _ RHOODCEACRON MOW BELLS• RMDDDEICfRON C ., , A c • \ \\ I \ ( - a� . 00 +- W. RAI PLANTE, PACE AS ErdMN ,Q _ 4.0. , y I I .. p . . . ' ` R +rtnocwcReNVBnEt1c�- Rluveoea+Ral m ? � I • E ._.: . . - 24 FULL PLANO, SPACE AS DONA mop N. NERROTAL- SCARLETAFE:UNe ROSE � 'ULCONT ML RANT' RACE AE °IUWN PA FAH ?'71f I A I•w,M.I,4SI .., 72N -13f.A ' Z ' 0--_ DON OCfOENTAl6 °- LWRMi' - ENERAL DARBOFYITAE • U I , I P' ♦ �j}�!� ---- - -. _ . _. r BIN. RANCHED Tp GAOI,Fr Prowl. O0 • 0`YY�%'Q'db Q a0 Cl •v■./ .. T• � LESCLABRAWRCC- NORDCPLBE 1�a11111UUI11 ` � 1 . � GAL .ONE - FILL sows. SHIOWN j s, C \ A . y _ AAT Commons � 9iQa � • �' :: APNYU/E IA,A+AISI. EBAIKE \ \ • OOO \\\\ i CR O OT A T, NU SINAL S.' nf. tp `� - •♦ J ` 4B "I ., . , , c ���` . _ CALLO A A % ALAI OOES PLAN WNW - NANO* 15S ® IfAL.f11Ni,NLL PUNIE. N DP. •1N� \ _ W PARNINGBELO111 op �.� 1`�` NOTES I'LVJ ON fit �_ 1. N . / , • I I, CONTRACTOR!HLLIPRONCE IOPEOA. !OIL ALENOIENTS AND ROSIN C01171•31 AS SITCOM Landscape ':\� ' Jf 1 �£ x f RU BE WOOLED f S �� ATbl A. PRQTED AB Concept Plan 0 ‘ .., ' i } Z. ALL PIANI9 *RUBE NRTAIIFD RACfIgpW'E AY7f11DETAL AIONFfiC 55..�J .F # PLAT DO LAHAW DWI* REEK - �� `� - _ -- ' A ti• iE _ .. \ -. � ■ �' 1. TIE .IOR POOR 7n Wk.**. MME C'E IWAINTILEPAGIO BETWEENI11€ BF RENOIR* LEGFIOASO I w4 _ F l 111) � UR.PIANISIDRIWI O ON THE PLAN S .LL R HyUPE OkNTEIIE LWT**411E 3505*1 ;� .• A, AD. rums POLL BE RITATE➢ BY A FOLLY AultLM1E:. PEAENWi. IAL•EGROIAO FR[MICN SYSTEM onto rrso .SMALL .AIRLNT DEDICN&MDION•ATONSAPP MINIM PER SPEfRATOM _ \�! ' "°S � y DORN ON SHEET L'1 ' 111TB14Ir FIP • . _ L , W MITIGATION CALCULATIONS .- I..•S,•v+l}w. It'Ammict - 11 , 12 I \ � « t �� �. C REQUIREMENT NN. QTY/SIZE PROVIDED PROVIDED NTI•YATYIN NGEffS • i ' , . �, PARA,O IOCIREE: S1 iA' i \ I , H DOM OT REFER 171;5 15 AP *5 • ! I >\ i � r._._.. ' f RE WREN rlrl•NS 11T.tl s11r IMO , \ \ \\ 4` : . :e � \ j STREET TREES m11.s 1d']5• ]SP + ►,1/)♦ �� j NPR: WV rRFL 1 A M4RPNF1'F*'xmr rm. r FNNIFHnn P.0 ABIINN.fREM uIPIAS � Mi \ � ��� � TOTAL CACKLE K.NE9 REMOVED:411 .�. .. .. _ _ o 'e o %' e TOTAL MIT IC.ITIDN NK:HES PLANTED: 2W1 "E'A`' 'S "t IOW _ -- '•• -- - - -'' 1 TOTAL CALKER IIJGFfB L057; 117 u,,, DA CA. AAOA. 3m i _... .. ... _._ �..__.. _.._..___�..._� I SW 72ND AVENUE --- --.- __ B /, ? ETIII R � s /�,f Dion. N, ONION V/ 1N! MAO JAB V.S,GT IPS IAA A.r of 1 PLANTING PLAN 11.1 SCALE: !WSW Site Design Review - September 2008 LI.1 1 14 CITY OF TIGARD RECEIPT ■ . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 189232 - 11/20/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2012 -00025 Minor Modification to an Approved Plan 100 - 0000 -43116 $546.00 MMD2012 -00025 Minor Modification to an Approved Plan - 100 - 0000 -43117 $81.00 LRP Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 001834 CCAINES 11/20/2012 $627.00 Payor: TLB, LLC Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 Washington County, Oregon JL\ 2006- 107304 • 0910712006 03:21:48 PM D.0W Cnte1 0tno22 I REED 620.00 $0.00 $11.00 $056.00 • Total 0 $693.00 I III 071 IIIIL IIIII INI IIII IIIII IIII N 111111111111 0100716920060107 I, Richard Hobemlcht, Director of A mint and Taxation and Ex- Officio County Ctsrk for Washington tr:' + _ ' J ._,, County, Oregon, do hereby certify that the within ui., • Instrument of writing received celvsd; recorded co�d l ^• • - -; book of records of said V tam. : 44- � ., ` Richard W. Hob bemht,Dirloor fACNrk mint and „, .-; a Y 1 I AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL ) TAX STATEMENTS SHALL BE SENT TO: \\ Jeffrey A. Oswald TLB, LLC Schwabe Williamson & Wyatt P.O. Box 25716 1211 SW 5 Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY SPECIAL WARRANTY DEED R Mary C. Lewis, Grantor, conveys and specially warrants to TLB, LLC, an Oregon r - limited liability company, Grantee, the following described real property free of 3 encumbrances created or suffered by the Grantor except as specifically set forth herein: Lots 1 and 2, ISAACS SUBDIVISION, in the City of Tigard, Washington County, Oregon. Q Such real property is free of all encumbrances except those, if any, shown on o Exhibit "A ". Such real property is subject to all of the encumbrances created or suffered w by the Grantor and other matters shown on Exhibit "A" hereto. J 0 The true consideration for this conveyance is $655,500. The consideration is paid by an accommodation party as part of an exchange of properties under Section c 1031 of the Internal Revenue Code. z BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, w IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF o THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Signatures appear on following page 'riV..” 9"" ' WIkSH'!`+GTON COUNTY REAL P ROPERTTRANSFER AX ' ¢' �� DATE + r FEE PAID 1 - STATUTORY SPECIAL WARRANTY DEED PDX/105358/148264/JA0/1458564.1 Dated this2 day of Cc-4,144 , 2006. .7kaaA-? C Mary C. Lewis STATE OF OREGON ) �) ss. County of ) This instrument was acknowledged before me on 2 , 2006, by Mary C. Lewis. /LLB OFFICIAL SEAL NOTARY P f: LIC FOR OREGO c = 7 MARY E GIDNEY Expires: / V ° NOTARY PUBUC.O My Y Commission P ires: ! ?^ -24-0/ ;Z COMMISSION NO. 400779 MY COMMISSION EXPIRES DECEMBER 27, 2009 • • • 2 - STATUTORY SPECIAL WARRANTY DEED PDX/105358/148264/JA0/1458564.1 % 7 C EXHIBIT A PERMITTED EXCEPTIONS 1. Property taxes for fiscal year 2006 -2007, which are a lien not yet due and payable. • • • 1 — EXHIBIT B Errorl Unknown document property name. f" • Washington County, Oregon 2006 -069460 06112/2006 10:54:35 AM DOW Cnta1 Btna13 C PFEIFER $30.00 $6.00 511.00 $500.00 • Total c $547.00 I I III II III IIII I I UiIIIUI I11111111111 I III III • 00965545200600694600060088 I, Jerry Hanson, Director of Assessment and Taxation and Ex- Officio County Clerk for WYashin on County, fit MY, ��T•�• Oregon, do hereby certify that the within Instrument of ; ;•,y�. writing wee received and recorded In the book of records of said county.•, • ; '- � _ Jerry R. Hanson, Director ssesement and Taxation, V 3� S•� Ex-Officio County Clerk • p c AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO: Jeffrey A. Oswald TLB, LLC Schwabe Williamson & Wyatt P.O. Box 25716 1211 SW 5 Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY WARRANTY DEED • Steven Kroo, Grantor, conveys and warrants to TLB, LLC, an Oregon limited liability company, Grantee, the following described real property free of encumbrances except as specifically set forth herein: fn See Exhibit "A" attached hereto which is incorporated herein by this reference. O O Such real property is free of all encumbrances except those, if any, shown on Exhibit "B ". Such real ro e p p rty is subject to all of the encumbrances and other matters v shown on Exhibit "B" hereto. O 7 The true consideration for this conveyance is $500,000. The consideration is 2 paid by an accommodation party as part of an exchange of properties under Section co 1031 of the Internal Revenue Code. a BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Dated this / day of June, 2006. teven Kroo ,,,,,.."% ,' WASHINGTON COUNTY ' �; a REAL Pl OPERTY TRANSFER FER TAX :: s Go c, FEE PAID DAT 1 - STATUTORY WARRANTY DEED PDx/105358/148264/JA0H432422.1 STATE OF CALIFORNIA ) _I. A • ss. County of • This instrume • • - acknowledged before me • , 2006, by Steven Kro NOTARY PUBLIC FOR CALIFORNIA My Commission Expires: • • • 2 — STATUTORY WARRANTY DEED • PDX/105358/148264/JA0/1432422.1 • y - a CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT C::'< <�t�< , ,< v1t -,t�< -tt tom. ....:C: < :�t�t / -.t -4t--..,<,-.c.t :�:i , State of California 6 F r � �s � 55. 0. (� County of 0 Ce On (7 of a-loD6v before me, /i /i 19 •411 /11) ( 4✓t , Date amril Tit e and of Officer (e.g.. 'Jane Doe. Notary Ic personally appeared r S - 4- 1t t /v� -/ , Name(s) of Signer(s) (C J� i (proved to me on the basis of satisfactory 0 evidence >> (i to be the person($ whose name(21 is/are- 6 subscribed to the within instrument and �) (• acknowledged to me that he /shefthey executed ?J the same in his /her,Ftgeir authorized 7 6 capacity(iee); and that by his /Iser{4freir V. (; .� , LUCY N. ACFALLE signature($ on the instrument the person(s), or COMM. 01645033 (c •• t,�r;`�` g the entity upon behalf of which the person(,9'J (c rt ,. a 3 , Notary Public CatHoinia O acted, executed the instrument. 0 ie ,,: ; , Comm r z Fresno County (` r tresFeb.1 2D WITNESS ;y and official seal. // %` r Diary P __-_1.:-...' �i�` )� OPTIONAL ; >> Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 9� fraudulent removal and reattachment of this form to another document. ; c% Description of Attached Document �� � ` Title or Type of Document: S 4Y' /A- DZ p Document Date: L Th-9' -1- 9i 2...0 0 G Number of Pages: .� . to Signer(s) Other Than Named Above: (C 9� s Capacity(ies) Claimed by Signer 0 r : Signer's Name: L 77 / � + " - / , 7 o D RIGHT THUMBPRINT 0 OF SIGNER (z ❑ Individual Top of thumb here 9� ❑ Corporate Officer — Title(s): 0 • ((e ❑ Partner — ❑ Limited ❑ General - r';. >> (e ❑ Attorney-in-Fact • R ❑ Trustee - ' • • • 0 (� ❑ Guardian or Conservator j1 ❑ Other: k Signer Is Representing: - 0 C 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www .NatianalNotary.org Prod. No. 5907 Reorder; Call Toll -Free 1- 800-876.6827 08/12/2006 10:53 FAX 503 553 5679 PDX NCS 1 002 EXHIBIT A • LEGAL DESCRIPTION A tract of land being a portion of Lots 30 and 31, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the intersection of the North line of Lot 30, FRUITLAND ACRES, in the County of Washington and State of Oregon, with the East line of the County Road (S.W. 72nd Avenue) along the East side of FRUITLAND ACRES, according to the duly recorded plat; thence South on and along the East line of said County Road, 100 feet to a point on the West line of Lot 31, FRUITLAND ACRES; thence East parallel with the North line of said Lot 30, a distance of 200 feet; thence North parallel with the East line of said County Road to the North of said Lot 30 to a point 200 feet East of the point of beginning; thence West a distance of 200 feet to the point of beginning. 1 - EXHIBIT A - •- - - . . 06/12/2006 15:44 FAX 503 553 5679 PDX NCS U002 EXHIBIT B PERMITTED EXCEPTIONS 1. The rights of the public In and to that portion of the herein described property lying within the limits of SW 72 Avenue. • 1 — EXHIBIT B Er or1 Unknown document property name. f -- - . — — 1 Washington Courtly, Oregon 2006- 069461 . 061121200610:54:35 AM / _ ' o,ow CNo1 8tr I3 C PFEIFER ` $20.00 $0.00 $11.00 4035.00 - Total a $572.00 5, 5 11113111111111 0096556220060069 I, Jetty Kamen, Director or Anwamem and Taxation •:-ePT. and E,•Clnclo County Cleric for Washington County. 4i',. Casson, do nu certify c. y thd ths within lnatrument e/ Warta was received aril recorded In the book M rn ... . . !amyl. 011110 county. Y,bn 1 t .' / ,. - Jerry lLHanro 0 County Cl.A and Taxation, -= Ivy. AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL • TAX STATEMENTS SHALL BE SENT TO: Jeffrey A. Oswald TLB, LLC Schwabe Williamson & Wyatt P.O. Box 25716 1211 SW 5 Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY WARRANTY DEED Louise Hedgepeth Stewart, Trustee of THE LOUISE HEDGEPETH STEWART TRUST under agreement dated September 20, 2004, Grantor, conveys and warrants to TLB, LLC, an Oregon limited liability company, Grantee, the following described real e'.° property free of encumbrances except as specifically set forth herein: v See Exhibit "A" attached hereto which is incorporated herein by this reference. Q 1 S uch real property is free of all encumbrances except those, if any, shown on .\J) Exhibit "B ". Such real property is subject to all of the encumbrances and other matters , o shown on Exhibit "B" hereto. a The true consideration for this conveyance Is $535,000. The consideration Is 0 paid by an accommodation party as part of an exchange of properties under Section O 1031 of the Internal Revenue Code. a BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, At IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF 9 THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF ,1 APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY.OWNERS, IF ANY, UNDER ORS 197.352. Dated this g day of June, 2006. Louise Hedge t Stewart, Trustee I F9 '' y .`= WASHINGTON COUNTY r: V77±1 REAL PROPERTY TRANSFER TAX • . S 5,35% 00 I 4 4, J FEE PAID DATE ' 1 — STATUTORY WARRANTY DEED PDX/ 105358/1 40264 /JA 011432415.2 STATE OF OREGON /�� ) ss. CJ County of d/ a/ Y ) • This Instrument was acknowledged before me on a/l e ' J , 2006, by Louise Hedgepeth Stewart, as trustee of The Louise Hedgepeth Stewart Trust u /a /d • September 20, 2004. NOTARY PUBLIC FOR OREGON My Commission Expires: OFFICIAL SEAL 'a NICOLE L. BRYANT � NOTARY PUBLIC - OREGON CO MM I SSION I 0 MY COMMISSION EXPIRES JUNE 1.2008 2 — STATUTORY WARRANTY DEED PDX/1 0 535 8/148264/JAO/14324152 • • EXHIBIT A • LEGAL DESCRIPTION A tract of land being a portion of Lots 31 and 32, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at a point on the South line of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, at the Southwest corner of Lot 32, FRUITLAND ACRES, a subdivision of record in the County of Washington and State of Oregon, and running thence North 89 °38' East 200.00 feet along the South line of said Lot 32 to an iron rod; thence North 115.13 feet, parallel with the West line of Lots 32 and 31, said FRUITLAND ACRES, to an Iron pipe at the Southeast corner of that certain tract of land conveyed by deed to Carl Orey, et ux, and recorded in Book 274, Page 353, Washington County Deed Records; thence South 89 °3B' West 200.00 feet along the South line of said Orey tract to an iron rod at the Southwest corner thereof, a point on the West line of Lot 31, said FRUITLAND ACRES; thence South along the West line of said Lot 31 and Lot 32, a distance of 115.13 feet to the place of beginning. 1 — EXHIBIT A Error) Unknown document property name. • EXHIBIT B PERMITTED EXCEPTIONS 1. The rights of the public in and to that portion of the herein described property lying within the limits of SW 72nd Avenue. 2. An easement created by instrument, including the terms and provisions thereof, Recorded May 23, 2003 Recorder's Fee No.: 2003 - 082601 In Favor Of Portland General Electric Company For • Anchors and guy wires to support electric line structures and poles • 1 — EXHIBIT B Error! Unknown document property nomo. AFFIDAVIT OF MAILING A I, Cheryl A. Caines, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard, Washington County, Oregon and that I served the following: (o APPmPrtaw Bo_(_) ) © NOTICE OF DECISION FOR: MMD2012 -00025 DARTMOUTH COMMONS (Fie Na/Name Reference) 0 AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on November 27, 2012, and deposited in the United States Mail on November 27, 2012, postage prepaid. Cam— a (Person that Prepared Notice) STATE OF OREGON County of Washington ss. City of Tigard ' r Subscribed and sworn/affirmed before me on the c� day of � V(% /�'� , 2012. � OFFICIAL SEAL �' SHIRLEY I. TREAT �•= NOTARY PUBLIC • OREGON COMMISSION NO. 459846 IA L. i .- COMMISSION EXPIRES JULY os, 2015 ' N • TARY PU :. IC OF OREGON My Commission Expires: 7 1 fir- • EXHIBIT A NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2012 -00025 • DARTMOUTH COMMONS TIGARD 120 DAYS = 3/21/2013 SECTION I. APPLICATION SUMMARY FILE NAME: Dartmouth Commons CASE NO.: Minor Modification (MMD) MMD2012 -00025 PROPOSAL The request is to modify the landscape plan approved through Site Development Review (SDR2008- 00003) by changing the parking lot tree species from Fraxinus pennsy/vanica (Summit Green Ash) to Platanus x acen, fo/ia (London Planetree). APPLICANT: TLB, LLC & Mary Meletis 2, LLC by Jim Lampus P.O. Box 25716 Portland, OR 97298 APPLICANT'S REP: TM Rippey Consulting Engineers Lans Stout, Planning Consultant 7650 SW Beveland St. Tigard, OR 97223 OWNER 1: TLB, LLC P.O. Box 25716 Portland, OR 97298 OWNER 2: Mary Maletis 2, LLC 2338 SW Madison St. Portland, OR 97205 LOCATION: 11860/11930/11990 SW 72nd Avenue and 7140 SW Clinton Street; WCTM 1S136DC, Tax Lots 4000, 4100, 4200, 4300, and 4402. ZONING DESIGNATION: C -G: General Commercial District. The C -G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non - conforming, residential uses are limited to single - family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini - warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. MUE: Mixed -Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious MMD2012 -00025 Dartmouth Commons Page 1 of 3 institutions, medical centers, schools, utilities and transit - related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to 1) support alternative modes of transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate infra- district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.360. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Vicinity & Site Information: The subject site is located on the east side of SW 72nd Avenue between Dartmouth and Clinton Streets. The site is made up of five (5) parcels. Two are zoned General Commercial (C -G) and the other three are zoned Mixed Use Employment (MUE). Four of the parcels are owned by the applicant, but the fifth is being leased by the applicant for fifty years. Surrounding properties are zoned C -G to the east, west, and south; and zoned MUE to the north. The site is bound by streets on the north, west, and south sides. Properties to the east are developed with a new office building or existing single - family homes. These homes are left from when the area was predominantly residential. Site History: Staff conducted a search of City records for the subject property. A Site Development Review (SDR2008- 00003) to construct a new 38,750 square -foot commercial building was approved in December 2008. Other land use cases related to the site include a home occupation permit for an auto brokerage service (HOP98- 00122), an adjustment to the access /egress standards (VAR2005- 00102) that was withdrawn, and a zone change to remove the Planned Development overlay from parcels 4300 and 4402 (ZON2007- 00008). Miscellaneous code enforcement citations have been issued for the site. No other land use cases were found. Proposal Description: The applicant is requesting to modify the approved landscape plan from the previously approved Site Development Review (SDR2008- 00003). The request is limited to changing the parking lot tree species from Fraxinus penn ylvanica (Summit Green Ash) to Platanus x acerefolia Bloodgood'(London Planetree). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The applicant has requested a Minor Modification to Approved Plans (18.360.060) to modify the parking lot tree species. MINOR MODIFICATION OF AN APPROVED PLAN: Section 18.360.060.0 states that a minor modification shall be approved, approved with conditions or denied following the Director's review and as follows: MMD2012 -00025 Dartmouth Commons Page 2 of 3 1. The proposed development is in compliance with all applicable requirements of this title; and The following criteria are the most relevant to the proposed change: 18.745 — Landscaping and Screening Section 18.745.050.E.a (4) requires that trees be planted in all landscape areas in parking lots on the basis of one tree for every seven parking spaces in order to provide a canopy effect. The applicant is requesting to change the approved parking lot tree from Summit Green Ash to Bloodgood London Planetree. Both are large stature trees that that provide canopy for parking lots. FINDING: Based upon review of the applicant's plans and narrative, staff finds that all applicable requirements of this title are satisfied. This criterion is met. 2. The modification is not a major modification. FINDING: Staff finds that the proposed modification will not result in one of the changes listed in TDC18.360.050.B.1 -11 which require a major modification. Therefore, the proposed development is a minor modification. This criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON NOVEMBER 27, 2012 AND BECOMES EFFECTIVE ON NOVEMBER 28, 2012. Questions: If you have any questions, please contact Cheryl Gaines at (503)718 -2437, cherylc @tigard - or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. December 27. 2012 APPROVED BY: Cheryl Caines, Associate Planner DATE MMD2012 -00025 Dartmouth Commons Page 3 of 3 CITY OF TIGARD anu :A ,Rally Approved REc PLANTING LEGEND : T Only the work as described in: ® /IONS r+rnrFHo scr cr«.. PERMIT NO. Mkt() JO I$ - ooa,TS Frio ALDER NNWAU,W Kx1,T .:.n ∎71:.i• , r UL. Y0. WELL SRAAr2SD T See Letter to Follow I I Nov 2 7 2 o t 2 0 ET CKOCE EC CEOIN Attach reM �•cK2 O FUL M.IN R SRKC E O TO CRaua Job Aiitass'� /!f f�ll X10 .rW 7Z.1,� vaorw c�iilfll•f 3 caLnuS aow000 a.,. C. CIts.PYll" ... . . Date: x/-27 -/� CITY CF- ", IGARD Os G.r u . NF OLIA Cl 0 ••. ••. T PulKO '- LdIWNPAETr(EE PLANNINGIENGiNEERIN CAL. rM RnLSRANOCO.WALED ar • , ii S t /YAACK1/3IYAW CNNITCLEER- ONNTCLEER PEAR . • • Ss CAL. m .+SELL wwnc SWUM AM 000U11000010 � (1157f rp l F 0 twAIA TM/EQ P CROWN PYGMY •AMMIESE eAREERm • 111 - t 1 GL. ONO.. FULL PAII15. awe AS Aq.■ V •LV coPMN SDRCEAlalNYT- WOW 111:01 000'.+000 �fi�[r.,� 1 • cx.WIT..FULLRAI115.SMCEASACrA ,PA, A0.Ct' IRECMITMIS SWAM MAPUN•l3B6- HAAS GLASS - - • I GL. CONT..flRI RAWL SPACE AS SICAN .—..---; I PEMEiK - A OPECLAOCES VOLORYMAPA' FONTASI GRASS TLB. LLC. tW Dartmouth OLA C GL COO.. FULL PANTS. SPICE AS AVM -�` \• O ,- • i. \\ 8• . • `; 4;040.......6"10 ' *100021120011 IOW BELLO- 11IWC081210N w O �, J \. • O C,�_ �.. j' If NA. Mt RAMS. YALE A55110M0 N A v .. r - ' F. � ,` . 0--- 2. FULL NTS wnaN ti4 00 _ _ 2 I__ I` O - _ - -.... ___ -. - ° 2GL. COW ..FUl PIAMS,YKE 9N0FM u, T`•- ' I d 0 , �0400`d41> c�19A�° - w AA 1O q . . - ` ` O : e - i1 � [, � `C � O IQ Ow •.� _ ; * lE1f N,. FULL P 'SALOON,. *NAOIC - EGDIC .70EMIY 1 • • PLATO VOCE AS 911010, I l l N _ �w morTAANLU MORS.30 O.O. PEN v ww- wwNMCR Commons � 4 4 - ` T 1 , , \- Vet) • , \\ GAL GMT..F L O ,� „'.,•.,.,..; \ * \ \ \ \ • \ I METU .LKOPECMOOES MUM .fdMTAM GRASS �.: \ , CI' - I 10AL. COIL. Flu FAMIE. N• O.C. � .. YtT - PARKING BELOW . � r L,f^ VV n.Il. ul 7 / / / /� / - I j NOTES 1 ::- 1.:,...,.I ..... � t , ," /L i . ' � �� V\y'. ^' %,t�, I .iI 1. caNSacrGlrwLPno. nE TOPwE.sa KATwrtNrc AIO EVOEION CpnIrot AS MECr�. Landscape { / / / / % / f o 2 PART ,r nETli Ka PAGU AeE1sEaRC n S Ufnaceo Concept Plan ' -___. O. aLAMT11[aARE LISTED Gt TED FOR AIR CONiRAL1EC ONYE1fNCE COLT. ILLLMY TSRFEEKnED Of - . OA CONAACTG PROI TO TSTKLA TON. A TE W 1 0.1NO CREPMICY LE E 1FGEM Np PLAM. PVNIE rSSCAT00N TE PLAN SIMLIAFEIIQDOUMITI[y 161EM lE lFCPO. 41,1* _ \ 1� *UAW SHEET 12.1 AMLLaonoEnoNeunARrwIONAIwoRA AwIOS PER SIErncA.lola ! � , MITIGATION CALCULATIONS x • — . , Sim * COOS REQUIREMENT MN. QTY/SIZE PROAEED MITIGATION INCHES i mac LOT lREE6 r. ZS' UIYnP• F S10 _ _ MUOC LOT A.PFER tl I2.r ta iS.S OD an SIrFFR 1SIra•S' 31Y.q U'S :LLD . �` STREET TREES MOS y »m .. ALL . NF,mF a . u.N � .o.,a..Fm.m.e.Fa. .4..T. \ w 1/4 ___I - �--_ - - / TOTAL GAPER INCHES REMOVED: 411 s. FNw.e .. m -- ' ip,_ TOTAL MITIGATION INCHES RANTED: 2211 _ G.+�`.3 :. ... I .- _ _ _ TOTAL GAPER INCHES LOST: 113 ¢_ ▪ T •:. A, NILO SW 72ND AVENUE N o rr lUI AUF , ,,, ® PLANTING PLAN SCALE 1,20, d T6 'o :s Site Design Review - September 2008 _ L1.1 • EXHIBIT B TM Rippey Consulting Engineers MMD2012 - 00025 Attn: Lans Stout Dartmouth Commons 7650 SW Beveland St. Tigard, OR 97223 "Notice of Type I Decision" TLB, LLC P.O. Box 25716 Portland, OR 97298 Mary Maletis 2, LLC 2338 SW Madison St. Portland, OR 97205