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Correspondence z03 LI s\A/ Ly ►� sf Albert Shields From: Albert Shields Sent: Wednesday, May 22, 2013 10:05 AM To: Katie @sagebuilthomesllc.com Cc: Gary Pagenstecher Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Attachments: Site plan - 05- 22- 2013.pdf Katie, please see Gary's answer to my email below and the attached copy of an amended site plan. The note on the site plan reads: "Show tree #11 retained as street tree and sidewalk per approved plan (back of tree ?). Show tree protection per Condition #23." Please revise the site plan accordingly and give us a note or report from your arborist specifying the protection needed for tree #11. Those two items will take care of Conditions #21 & 23. The arborist's report for #22 will be due before you start site work. Please let me know if you have any questions. Albert. From: Gary Pagenstecher Sent: Wednesday, May 22, 2013 9:36 AM To: Albert Shields Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Albert, I agree. The important thing now for site plan review is to get Condition 23 met (see my notes on the site plan regarding tree #11, sidewalk revision showing additional dedication and sidewalk meander, and street improvements revised showing curb and planter strip correctly on Lynn. These may be shown on an engineering submittal for the PFI, but should be brought forward on the site plan.) Gary From: Albert Shields Sent: Tuesday, May 21, 2013 5:20 PM To: Gary Pagenstecher Subject: FW: MST2013- 00111, MLP2008- 00001, Firelight Partition Gary, we've routed the above permit application and Hap called out 9 Conditions that hadn't been met ... but I think that only 4 are relevant so far in the process and a few of those are puzzlers. I'll give you a packet of documents to go with this email. I'm at a loss for just what to tell Katie to have done to meet the tree requirements on this MLP so that we can process the MST. 1. Conditions 20 & 21. call for tree protection. But 2. All the trees on the lot, according to the tree plan, are on the dedicated ROW along 121 And 3. Condition 30 calls for ALL the trees in the ROW on 121 to be removed ... except for one tree, #11. 4. Shouldn't they just remove all but #11 now and protect #11? It seems to be silly to require them to protect trees that we are requiring them to remove. Condition 22 calls for the arborist's reports, but if #21 gives us a tree protection plan we don't need the regular reports to start until site work begins, so 22 should not hold up processing. Condition 23 calls for site plans for buildings and again showing the TPZs. OK. 1 Conditions 25 & 26 are for fees that they can and will pay at permit issue. We don't require that they be paid before building plan review. Conditions 28, 29, & 30 are activated at building final inspection, not now. Can we discuss so I can give Katie some direction? Thanks, Albert. From: Katie Patterson [ mailto :katie @sagebuilthomesllc.com] Sent: Thursday, May 16, 2013 4:24 PM To: Albert Shields Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Albert After reviewing the tree plan you sent, I am confused about the need for us to provide an arborist or tree protection as the trees shown on your tree plan are not on our property? They appear to be within the 10' right of way dedication that our property line stops before. According to the map that was sent to me by Agnes Kowacz on 4/25/13 that I attached and the property pin on site, our lot starts after the right of way and our set back is 15' from that line. However, as you can see from our site plan we will actually be building 21' from the edge of the property. Thank you, Katie Patterson Purchasing Manager Sage Built Homes 503 - 533 -5167 503 - 533 -5164 fax From: Albert Shields [mailto:albert@tigard- or.gov] Sent: Tuesday, May 14, 2013 1:50 PM To: 'Katie Patterson' Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Katie, here are copies of the original arborist's report and tree plan. Your guys should update them. Albert. From: Katie Patterson [ mailto :katie @sagebuilthomesllc.com] Sent: Tuesday, May 14, 2013 10:54 AM To: Albert Shields Cc: Hap Watkins Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Al be Thanks for getting back to me so quickly. I will get our arborist to the site as soon as possible to write us a letter and then have our architect plot the trees and protection fencing on the site plan. I think that should cover conditions 20- 23. We will plan to pay the additional fees listed on conditions 25 -26 when we pick up the permit. Just to be clear, the approximate $500 CWS fee gets paid at City of Tigard and NOT at Cleanwater Services, correct? Is there anything else in the submittal that needs to be addressed? 2 I Thank you, Katie Patterson Purchasing Manager Sage Built Homes 503 - 533 -5167 503 - 533 -5164 fax From: Albert Shields [mailto:albert@tigard - or.gov] Sent: Tuesday, May 14, 2013 10:38 AM To: 'Katie Patterson' Cc: Hap Watkins Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Hi, Katie ... I've inserted my answers to your questions in red in the text below. Please let me know if you still have any questions. Albert. From: Katie Patterson [ mailto :katie @sagebuilthomesllc.com] Sent: Monday, May 13, 2013 4:02 PM To: Albert Shields Cc: Hap Watkins Subject: RE: MST2013- 00111, MLP2008- 00001, Firelight Partition Albert — Sorry it has taken me a full week to get back to you on this, but I'm crazy busy right now O I have a couple of questions? • Condition # 20: As you can see from the attached photo, there is already tree protection installed. Do I still need to get in touch with the City Forester? If so, who is the City Forester and how do I get in touch with him so he can verify this? We need to have your arborist confirm that the tree protection is up and is in the right place. A statement from him is sufficient. • Condition #21: Again, the tree protection fencing is already installed, what else do I need to do to meet this criteria for getting the permit submitted approved? Just show the protection fencing on the site plan? Show it on the site plan and, as above, have your arborist say so. • Condition #22: I have an arborist (Peter with Multnomah Tree), to meet this condition, do I just need him to verify the fencing has been installed and that we are not in danger of violating the tree protection? As you can see from the attached site plan I submitted, we will be 70+ feet from the trees on the back of the property and 20+ feet from the trees on the side of the property so we should be plenty far away from them O Yes, your arborist should verify the protection fencing in the first of his bi- weekly reports. • Condition #23: Does the City already have a map that shows what these trees are? We purchased this lot from a 3rd party (not the person who developed) and they don't have any additional info on the trees? I can have my architect show the approximate location of the trees on the site plan, but if you had something more formal I could give him that would help I'll look to see if we have a tree plan for this partition but I would think that your arborist could tell what the trees are. • Condition #25: Yikes! Wish I would have known about this before we purchased the property O Can we just pay this fee when we pick up the permit? Yes, you can pay this when you pick up the building permit. • Condition #26: Do you have an idea how much this fee is? And can I pay it when I pick up the permit OR do I need to pay this to Cleanwater Services? These fees total approximately $500 and yes, you can pay them when you pick up the permit. Thank you, 3 Katie Patterson Purchasing Manager Sage Built Homes 503 - 533 -5167 503- 533 -5164 fax From: Albert Shields [mailto:albert@ tigard- or.gov] Sent: Monday, May 06, 2013 5:29 PM To: Katiesagebuilthomesllc.com Cc: Hap Watkins Subject: MST2013- 00111, MLP2008- 00001, Firelight Partition Katie, there are multiple conditions of approval of MLP2008 -00001 that have not been met and that must be met before building permits can be issued. I've attached a list of the conditions. Please note that conditions 20, 21, 22, 23, 25, and 26 have not been met. Also, Engineering notes: "Show where sanitary sewer is located. Silt fence should be located on the low side of the lot." Please have the subject conditions met, revise the site plan, and re- submit. Thanks, Albert Shields. 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 Genera! Records Retention Schedule." • 4 Katie Patterson From: Peter Torres Sent: Wednesday, May 15, 2013 4:05 PM To: Katie Patterson Subject: Re: FW: MST2013- 00111, MLP2008- 00001, Firelight Partition Attachments: peter.vcf Katie, I'll need the tree protection fence moved out to 24 ft. from #11 (it is at 19 ft. now). Tree 12 -OK #13- missing #14- missing 9 6 4" 15 & 16 OK ' 17 and 18 I need the fence moved to 24 ft. It is at 20 ft. now. TP ✓5 #7 is a 15 inch dbh red maple. It is OK. e f0-y2.-e- • C �j Please have that fence adjusted and I can write the approval letter. / I don't know what the City will think about the missing trees. Peter On 5/14/2013 1:57 PM, Katie Patterson wrote: > > Peter — > > Here is the original arborist report to assist you in the letter I > need to get. Please call me with questions. I am hoping to submit > them something on Thursday if possible. Thanks. > > Thank you, > > Katie Patterson > > Purchasing Manager > > Sage Built Homes > > 503 - 502 -6623 cell > > 503 - 533 -5164 fax > > *From: *Albert Shields [mailto:albert@tigard - or.gov > <mailto:albert@tigard- or.gov >] > *Sent:* Tuesday, May 14, 2013 1:50 PM > *To:* 'Katie Patterson' > *Subject:* RE: MST2013- 00111, MLP2008- 00001, Firelight Partition > > Katie, here are copies of the original arborist's report and tree > plan. Your guys should update them. Albert. > > *From: *Katie Patterson [ mailto :katie @sagebuilthomeslic.com 1 • . Lc:6°H - PARTITION PLAT NO. 4,?0,1. _ • I i •,-. , 0. % r, 0 1. ___ 5 ilECORCED ..ki 1.1i3CUNIZN: HO. •id?8 '‘ 7.-._....... 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VARDI,f.r.C;c1;.•,•; I ■•••■•T• ••• ta ''Ao D,De• .11'..r‘ . .. - t1 •S0.111 : •■ wr,.., C I. •- •• 0 ra.: • ft 0 ED ..-1 .LI .4 E. • ti / -- Croy 1 I ■► 1 Arborist Report: Kevin Martin, SW 121st Ave Tigard page 1 John O'Shea, Consulting Arhoriist Mee �� ^d►�ro� ISA Certified Arborist #WEt871 433 SE 70th Avenue 7'? 7/ Icy 0 Portland OR 91215 15031408 -93081 4, a d 7'J %U w 4^ e: banlolst@gwestnet C1a,,, are Po>1 www.lnt4treeseom Kevin Martin;Firelight -LLC Martin Homes Construction 12020 SW Lynn St.Tigard, Oregon 97223 September 8th, 2008 Revised Arborist Report; . Minor partition of property at 12020 SW Lynn ASSIGNMENT The purpose and use of this report is to inventory and appraise trees on the lot at SW 121st Street and SW Lynn Street. The report will contain a tree preservation plan for those trees that are to be preserved during construction_ This in accordance with Tigard's municipal code #18.790. Also included will be mitigation suggestions to comply with code # 18.370.020 Ch. alt has come to our attention that certain trees can also be declared to be street trees. These changes, in italics, will be included as part of this report. Also, we are asking; pursuant to 18.370.02; that existing street trees be used for street trees. See MITIGATION page four. My report of December 26th, 2006 described the trees, and suggested retaining 11 of the 18. Unfortunately, one of the eleven to be retained later turned out to be a hazard. That tree, the Madrona, # 4, was removed and the arborist in charge filed a report stating its hazardo . c of the re that were r #1 and #16 are h?7ards so they An no t c 'i t 1. only l i e t iC t fi 1_-t - , �.�T�.Z.. the !ii:'._. aa.i °.= � Cr^ arc GI7_, 7 f"�f', lc ft. The u33i�.i:li..`al:. �` _l: l :� .:.�, � - • s • ; :1. r ....7 re, ... .._.7... . . ....... ..'t: e : t.1_ .1._i -,e1., r f',., •e. . .t • tILK, i, _ a i - - -� • � J , � ... - - - The pu rpose c yf this report is to inventory and to provide a professional opinion of Ow 1 ,- ,- - , Art - of the trees remaining (a]] over 6" DBH measured at 48" above grade) on the property above. Thi: report is to ensure compliance with the City of Tigard Code with respect to the impact of John Olden, Consulting Arborkst Arborist Report: Kevin Martin, SW 121st Ave Tigard page 2 proposed site development, and is specifically required by Chapter 18.790 of the Development Code. In addition to a condition survey, this report will determine mitigation requirements, if any, under the Code (for those trees over 12" in diameter measured 48" above grade) and will address preservation standards and ongoing activities required for those trees during construction. Some mitigation planting has already been done, and these trees will be inventoried and appraised as well. OBSERVATIONS There are small trees and shrubbery on the site that do not meet the Code definition of "tree ". A map provided by the owner is the basis for the sketched tree survey. This indicates tree identification numbers for each tree as defined by the Code. Diameter and species are found on the accompanying inventory (See below) The initial investigation was to measure the trees over 6 inches (6 ") in diameter and tocheck them for wounds or flaws. Note that a change has occurred since then: tree number for was found to be a hazard. The further site development will affect some trees by building the second of two new houses. In my opinion, trees number 11,12,14, and 15 can be considered street trees. Mr. Martin has also planted five 5" Leyland cypress along this side, on 1216 , that provide an unbroken visual screen from 121st Avenue to the property. I suggest that all these be considered street trees, including the five planted trees. Number 11 qualifies as a street tree on both streets ( -it is a Deodar of large stature, almost forty inches diameter), and should be considered a street tree on SW Lynn as well. During construction of the sidewalk, the Deodar's roots must be protected. I should be onsite for this work and certify that root loss was within acceptable limits. Bridging of roots is another option, of roots are found to be too numerous in this area. TREE INVENTORY ID# Common names Species DBH in inches - Over 12- inches Preservation Recommendation caliper? Value 1 Sweetgum Liquidambar 19" Yes Hazard Removed styraciflua 2 Norway Picea pungens 14" Yes Moderate Removed Spruce John O'Sheo, Consulting Arhorist Arborist Report: Kevin Martin, SW 121st Ave Tigard page 3 3 Black Locust Robinia pseudoacacia 15" Yes Moderate Removed 4 Madrone Arbutus menzeissii 32" Yes Hazard Removed 5 Japanese pine Pinus sp. 15" Yes Dying /Hazard Removed 6 Black Locust Robinia pseudoacacia 32" Below stem Yes Low Removed union" 7 Silver maple Acer saccarinum 12.5" Yes Moderate Preserve 8 Deodar Cedar Cedrus deodara 31.5" Yes Low Removed 9 Deodar Cedar Cedrus deodara 30" Yes Hazard Removed 10 Kwanzan Prunus sp. 18' below stem Yes Low Removed Cherry union" 11 Deodar cedar Cedrus deodara 39" Yes Moderate Preserve Street tree 12 Hinoki Chamaecyparis obtusa 14" No Moderate Preserve Cypress Street tree 13 Douglas -fir Pseudotsuga menziesii 19" below stem Yes Hazard Preserve union" 14 Norway Picea sp. 26" Yes Low Preserve Spruce Sheet tree 15 Sawara Chamaecyparis pisifera 25" Yes Moderate Preserve cypress Street tree 16 Sawara Chamaecyparis pisifera 15.5" Yes Hazard Preserve cypress 17 Giant Sequoia Sequoiadendron 61" Yes Specimen Preserve giganteum 18 Giant Sequoia Sequoiadendron 59" Yes Specimen Preserve giganteum (1) DBH = Diameter at breast height (48" above the surface grade) (2) Significant status (3) Preservation Value Explanation: Hazard = Dead, dying, or dangerous tree that should not be retained. Low = Poor specimen. Some caution if retained. Moderate = Common species with minimal character. Can be retained. High = Good character trees, save if possible. Specimen = Unique species, specimen or form. Save if possible. Jahn O'Shea, Cancelling Arhorist Arborist Report: Kevin Martin, SW 121st Ave Tigard page 4 TREE MITIGATION UNDER TIGARD CODE We began with a total number of trees on -site more than 12 -inch caliper: 18 Hazard trees: 5 ( Note, Madrona was found to be a hazard during necessary pruning and was removed.) Net number of trees more than 12 -inch caliper: 12 Trees to be retained: 7 Trees to be removed: (excluding hazards /exempt) 5 Total inches lost from those five trees: 110.5 Retention of 7 out of 12 trees is 58% retention, which will require mitigation of fifty percent of diameter lost under the Tigard Code. The owner, however is choosing to pay the fine option rather than replant. More trees were to be preserved originally, but the configuration of the houses, as well as the removal of the Madrona #4, required more trees to be removed. There are seven trees being preserved during construction. Five 5" caliper Leland Cypress were planted this year as a screening border to 121st Ave. These trees are good nursery stock, and if watered, will do well in this area. In my opinion they are a positive addition to the line of unbroken street trees on this side. They do block views, headlights, and sight lines from SW 121st Avenue to the lot, especially when in concert with the existing preserved trees. Mr. Martin is applying concurrently for an adjustment utilizing these trees. All trees planted will be located either A: between houses. Or B: at back and east side fences 9 except existing and planned street trees. This should bring them into compliance with 18.745.0300,18.745.050 and 18.745.050. Mr. Martin is preparing a landscape plan. CONCLUSIONS /RECOMMENDATIONS Suggested mitigation for the 110.5" is 50% is 55 inches. Mr. Martin has chosen to pay the mitigation fine rather than replant. The paragraphs in red below will be transferred to the tree protection drawing to be used during construction and elevation. Tree Notes It will be necessary to put 5' tall steel mesh construction fence around each of the trees to be saved. These fences shall be no closer than ten feet in radius from any John ®'Shea Consatting Arhorlst Arborist Report: Kevin Martin, SW 121st Ave Tigard page 5 tree. (20' diameter except where existing board fences or tree fences join, enclosing a larger area) For trees #17 and #18, the fences should be at least 18' in radius toward the construction area and joined to existing fences as drawn on map. This fencing should all be four feet high, five to fifteen feet from the trees and joined to the existing fences where possible. It will be attached to steel posts driven into the ground at least every five feet. Inside of the tree protection zone there should be no stacking, storage, or handling of materials, nor any driving, loading or parking of construction vehicles. Personnel will be notified, either on blueprint notes or verbally, that no one is allowed in this area except with the cooperation and permission of the project arborist. During construction or excavation, any root of more than 1.5 inches that is encountered from a preserved tree shall be immediately reported to the project arborist. Watering of all preserved trees shall be done twice a month except on weeks where precipitation exceeds 0.4 ". Watering with a sprinkler (for ten minutes) or soaker (for one hour each event) is recommended, although water bags or a truck system is allowed. The project arborist reserves the right to demand changes in this water frequency and /or mulch or other mitigation measures if tree health is threatened. In my opinion, if these recommendations are carried out, construction will not damage the trees to be preserved. ( , John O'Shea Consulting Arborist ISA Certified Arborist #WE -1877A Mobile# 503 -860 -3055 John O'Shea, Consulting Arborist (11_, 2013 T ��: • � —�_. S �' � - LJ ,D 41 a�M® NN ST REET o CCTV CF lag® �� LdUILLNK r�rV'. •. '2: .$EWER --- W �/ /)Pi LATERAL s 0 v / /v iJf n G WAT METER —1 — — G✓ �/ r y4. LINE _ _ ° j I 63 Jam' z1' _ .. • D EDIC R Ow � ..J1 ATION 7. 4 IS ' I n n P .U.E. 1 : ". . 5. -0• 1 , l 1----4----,P; .■ ,..,,Ea__ .7 ,,(,., , i, , ii: , , 57.;:i.,, , , 4 ', , .'. .ei"'' ...':-... 1 r e vvt .,- -.-.: , I BELMONT I �� 5 -BED PLAN ..._ . r ,),I, c- ,e - - . ° 0 I • .. Z ' I lett I 1 I I t , I 1 / 1 I S C� I I I : I I WATER LINE 1 L /EASEMENT FOR THE tIENEFIT OF PARCEL 1 I _i —_ I I _ I o 1 ,„_. 3 ' 00" E 6 5.00' 1 SITE PLAN - PARCEL 2 Scale 1/16" =1' -0" IMF SAGE BUILT HOMES PARCEL 2 SW LYNN S T 8121ST AVE. SAG BU I L 18820 NW Bethany Court #200 Job No. 156 - 1211 -12 Date 5/02/13 Sheet Beaverton, Oregon Client Sage Built Homes By MEB