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MMD2008-00007 MMD2008 00007 FRANKLIN COMMONS City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, _JR 97223 June 25, 2008 Bruce Hoyt Alpha Community Development TI G A R D 9200 SW Nimbus Beaverton, OR 97008 RE: Minor Modification Request proval City of Tigard Case File No./Name: MMD2008-00007/Franklin Commons Dear Mr. Hoyt: This letter is in response to your application dated April 22, 2008 for a Minor Modification approval to the Franklin Commons development, permitted by Washington County. The subject site is located-at 9370 SW Greenbtug Road, WC TM 13126DB, Tax Lots 2800 and 2900 within the City of Tigard, Oregon. The prop sed modifications to the SE corner of the existing parking lot include: 1 Removal of an unused mobile MRI parking space, /4 en 2 Relocation of a dumpster, 3 Reconfiuration of the parking lot to add 13 parking spaces,and 4 A set of-stairs to facilitate pedestrian access with the adjacent parcel. The following analysis shows that the proposed development is a minor modification and is hereby approved, with conditions of approval. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter,states; "any modification which is not within the descnption of a major modification as provided in section 18360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The approved commercial development and the proposed modifications are not residential development;therefore,the criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The approved commercial development and the proposed modifications are not residential development;therefore,the criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. According to the applicant's narrative, the proposed reconfiguration of the parking lot increases the number of parking spaces. However, no change to the primary use structure, which would require additional on-site parking, is proposed;therefore,this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed modification does not propose any change in type of commercial structure; therefore, this criterion does not apply. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 5. An increase in the height of the building(s) by more than 20 percent. The proposed modification does not propose a change in height of the building; therefore, this criterion does not apply. 6. A change in the type and location of accessways and parking areas where off site traffic would be affected. According to the applicant's site plan, the parking lot access way is altered slightly to accommodate the increased parking spaces. However, the slight change is a minor internal widening of the existing access alignment and does not change the type or location of vehicular access ways or parking that would affect off-site traffic. Therefore,this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed additional parking does not affect expected vehicular traffic volumes. Therefore, this criterion does not apply. 8. An increase in the floor areas roposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposed modification does not increase the floor area of the development. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The applicant proposes to convert approximately 1,400 square feet of landscaping into hardscape for the 13 additional parking spaces. The existing landscaped area is a 4-5 foot embankment that includes mature pine trees that are shown as retained on the site plan (Sheet 2). There is no reduction in the amount of area reserved for common or useable open space by the proposed modification. Therefore,this criterion does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As shown in the applicant's site plan (Sheet 1) and stated in the applicant's narrative, the applicant proposes to reduce the amount of landscaping by approximately 1,925 square feet. The original landscaped area for Franklin Commons was calculated as being 627250 square feet for a percent change of 3.09%. The reduction is less than 10% as specified in the site plan for the prior Washington County approval (Case No. 77-33-D). Therefore, the proposed reduction of project amenities does not meet the threshold for major modifications. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. The applicant's included the conditions of approval from Washington County case file 77-33-D for Franklin Commons. The proposed modification affects the number of parking spaces within the lot and the amount of landscaping provided on the site. The proposed changes do not modify any of the six conditions from the original approval. Therefore,this criterion does not apply. As the findings above show,this request is determined to be a minor modification to an existing development and approved plan. June 25,2008 Page 2 of 3 Franklin Commons Minor Modification Request (MMD2008-00007) In addition, approval criteria for minor modifications state that a minor modification shall be approved approved with conditions or denied following the Director's review based on the finding that the proposed development is in compliance with all applicable requirements of this title. Chapter 18.790, Tree Removal, includes standards for protection of trees during development. Since the new parking area requires retaining and is located close to existing trees on the embankment as shown in the applicant's site plan, a condition will be imposed to protect the trees during construction consistent with Tigard Development Code (11)G) Section 18.790.030.B.4. Chapter 18.745, Landscaping and Screening, includes standards for parking lot landscaping including trees in landscaped islands on the basis of one tree for each seven parking spaces. A condition will be imposed so that the development is consistent with TDC Section 18.745.050.E. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental or in unous to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and-federal laws and the following conditions of approval: CONDITIONS: OF APPROVAL: Prior to any site work, the applicant shall submit an arborist report, prepared by a certified arborist demonstrating how the seven existing mature pine trees located immediately east of the proposed retaining wall will be protected during construction, pursuant to TDC Section 18.790.030.B.4. The report all include an inventory of the subject trees, methods of protection, and a revised site plan showing tree protection fencing signed by the arborist. • Prior to any site work, the applicant shall submit a revised site plan that shows parking lot landscaping including screening and trees in landscaped islands on the basis of one tree for each seven parking spaces, consistent with TDC Section 18.745.050.E. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have an ques ions,please feel free to call me at 503-639-4171 ext.2434. Since/-ly, '4 . Pagi t-,, e l4, Associate P anner June 25,2008 Page 3 of 3 Franklin Commons Minor Modification Request (MMD2008-00007) ill F.7' H Off' CITY of TIGARD 1 �I i i risof GEOGRAPHIC INFORMATION SYSTEM ,,,1 VICINITY MAP ����\ IVIlVID2008-00007 I 1 II ` FRANKLIN COMMONS l I BOMAN C MODIFICATIONS Alt 1 1 Jil hip LEGEND: 1 � CEDARCREST ST I.,> j SUBJECT ,,,Ii .III NI gil' CO Th j SI B It ' T l II 11 /a= 1ST cEno RV: / uuR h.i I Q D Q a111 —� /�u.i Tigard Area Map 1/ BORDERS ST N / 0 70 140 210 280 350 Feet 1'=264 feet •s: , 1(1 Illii 7 LEHMANN ST TIGA' / _ Information on this map is for general location only and I . O should be verified with the Development Services Division. O 13125 SW Hall Blvd Z. Tigard,OR 97223 ----._ I (503)639.4171 htto//ww.v.cttigardor.us Community Development Plot date: Jun 25,2008;C:Imagic\MAGIC03.APR MAILING RECORDS AFFIDAVIT OF MAILING Irr!, I, Patricia L. Lunsfond being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard, Washington County, Oregon and that I served the following: lam],npprt,pnuc 8.44)&bvl © NOTICE OF DECISION FOR MMD2008-00007/FRANKLIN COMMONS MODIFICATIONS (File NoJNm Reference) ❑ 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 June 25,2008,and deposited in t - nited States 'v' on June 25,2008,postage prepaid. 0 _ . I .,i____, /_ i / . ..,..c.ilfrei-" -/ (Person that Pre... -d Nom STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the °` day of `L-L-H ,2008. ,0-:-.7% OFFICIAL SEAL 6 SHIRLEY L TREAT f- - NOTARY PUBLIC-OREGON 1 COMMISSION NO.418777 NOTARY P C OF OREGON ∎ MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: (4 IaSI i r • EXHIBIT A City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, JR 97223 June 25,2008 N Bruce Hoyt Alpha Community Development T I G A R D 9200 SW Nimbus Beaverton, OR 97008 RE: Minor Modification Request proval City of Tigard Case File No./Name: MMD2008-00007/Franlin Commons Dear Mr. Hoyt: This letter is in response to your application dated April 22, 2008 for a Minor Modification approval to the Franklin Commons development, permitted by Washington County. The subject site is located-at 9370 SW Greenbiug Road,WCTM 1-S126DB, Tax Lots 2800 and 2900 within the Qty of Tigard, Oregon. The proposed modifications to the SE corner of the existing parking lot include: 1 Removal of an unused mobile MRI parking space, 2 Relocation of a dumpster, 3 Reconfgtuation of the parking lot to add 13 parking spaces,and 4 A set of stairs to facilitate pedestrian access with the adjacent parcel. The following analysis shows that the proposed development is a minor modification and is hereby approved, with conditions of approval. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter,states;"any modification which is not within the description of a major modification as provided in section 18-360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The approved commercial development and the proposed modifications are not residential development;therefore,the criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The approved commercial development and the proposed modifications are not residential development;therefore,the criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. According to the applicant's narrative, the proposed reconfiguration of the parking lot increases the number of parking spaces. However, no change to the primary use structure, which would require additional on-site parking, is proposed;therefore,this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed modification does not propose any change in type of commercial structure; therefore, this criterion does not apply. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • 5. An increase in the height of the building(s) by more than 20 percent. The proposed modification does not propose a change in height of the building; therefore, this critenon does not apply. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. According to the applicant's site plan, the parking lot access way is altered slightly to accommodate the increased parking spaces. However, the slight change is a minor internal widening of the existing access alignment and does not change the type or location of vehicular access ways or parking that would affect off-site traffic. Therefore,this cnterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed additional parking does not affect expected vehicular traffic volumes. Therefore, this criterion does not apply. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,0100 square feet. The proposed modification does not increase the floor area of the development. Therefore, this critenon does not apply. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The applicant proposes to convert approximately 1,400 square feet of landscaping into hardscape for the 13 additional parking spaces. The existing landscaped area is a 4-5 foot embankment that includes mature pine trees that are shown as retained on the site plan (Sheet 2). There is no reduction in the amount of area reserved for common or useable open space by the proposed modification. Therefore,this criterion does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As shown in the applicant's site plan (Sheet 1) and stated in the applicant's narrative, the applicant proposes to reduce the amount of landscaping by approximately 1,925 square feet. The original landscaped area for Franklin Commons was calculated as being 622250 square feet for a percent change of 3.09%. The reduction is less than 10% as specified in the site plan for the prior Washington County approval (Case No. 77-33-D). Therefore, the proposed reduction of project amenities does not meet the threshold for major modifications. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. The applicant's included the conditions of approval from Washington County case file 77-33-D for Franklin Commons. The proposed modification affects the number of parking spaces within the lot and the amount of landscaping. rovided on the site. The proposed changes do not modify any of the six conditions from the origin approval. Therefore,this criterion does not apply. As the findings above show,this request is determined to be a minor modification to an existing development and approved plan. June 25,2008 Page 2 of 3 Franklin Commons Minor Modification Request (MMD2008-00007) In addition, approval criteria for minor modifications state that a minor modification shall be approved approved with conditions or denied following the Director's review based on the finding that the proposed development is in compliance with all applicable requirements of this title. Chapter 18.790, Tree Removal, includes standards for protection of trees during development. Since the new parking area requires retaining and is located close to existing trees on the embankment as shown in the applicant's site plan, a condition will be imposed to protect the trees during construction consistent with Tigard Development Code (1DC) Section 18.790.030.B.4 Chapter 18.745, Landscaping and Screening, includes standards for parking lot landscaping including trees in landscaped islands on the basis of one tree for each seven parking spaces.A condition willbe imposed so that the development is consistent with TDC Section 18.745.050.E. The Director's designee has determined that the proposed minor modification of this existing,site will continue to promote the general welfare of the City and will not be significantly detrimental or injunous to surrounding properties provided that development which occurs after this decision complies with all applicable local, state, andpfederal laws and the following conditions of approval: CONDITIONS:OF APPROVAL: Prior to any site work, the applicant shall submit an arborist report, prepared by a certified arborist demonstrating how the seven existing mature pine trees located immediately east of the proposed retaining _all will be protected during construction, pursuant to TDC Section 18.790.030.B.4. The report shall include an inventory of the subject trees, methods of protection, and a revised site plan showing tree protection fencing signed by the arborist. • Prior to any site work, the applicant shall submit a revised site plan that shows parking lot landscaping including screening and trees in landscaped islands on the basis of one tree for each seven parking spaces, consistent with TDC Section 18.745.050.E. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have an ques 'ons,please feel free to call me at 503-639-4171 ext.2434. Since/-ly, r ekt),iv, pag! t�,�� /my 417 Associate P . er June 25,2008 Page 3 of 3 Franklin Commons Minor Modification Request(MMD2008-00007) ;ie�;, 0\'‘' \ CITY of TIGARD I GEOGRAPHIC INFORMATION S MAP YSTEM I o � VICINITY u� / 1 MMD2008-00007 I • , :of F FR;-ANKLIN lir > COMMONS 1 BoPANc MODIFICATIONS JIII '4%.%)hh.,_494,,,,, - dila 0- _, ' r i 11117111 LEGEND: I , mi. , NE f2C CEDARCP,EST ST .� J j SUBJECT I s j SHE \ • ....i,0.. . , , . N, • 1, i eV 4__:' I ll . / I� W 91ST W't"I' __._ BEEF 6E�y� > > .I=„ Tigard Area Map ' 771;671:>114/ BORDERS ' ST N l l 0 70 140 210 250 350 Feet 1.4284 `- y iti = C LEHMANN ' ril S ST TIGARD Information n this map is for general location only and should be e verified with the Development Services Division. a 13125 SW Hall Blvd Tigard,OR 97223 11 / (503)839-4171 i I 1 http://verow.ci.ligard.or.us Community Development Plot date:Jun 25,2008;C:lmagic\MAGIC03.APR Bruce Hoyt EXHIBITCB Alpha Community Development MMD2008-00007 9200 SW Nimbus Avenue FRANKLIN COMMONS MINOR MOD. Beaverton, OR 97008 Franklin Commons Associates By Norris &Stevens 621 SW Morrison, Suite 800 Portland, OR 97205 Franklin Commons Associates, LLC 7820 SW Willowmere Drive Portland, OR 97225 1 S126DB-02800 FRANKLIN COMMONS ASSOCIATES BY NORRIS&STEVENS 621 SW MORRISON STE 800 PORTLAND,OR 97205 1S126DB-02900 6`2 31e FRANKLIN COMMONS ASSOCIATES LLC 7820 SW WILLOWMERE DR PORTLAND, OR 97225 JL v Y A MINOR MODIFICATION TYPE I APPLICATION City q Tigard Pernat Canter 13125 SW Hall Blvd, Tigan:Z OR 97223 T 1 GARD Phone. 503.639.4171 Fax:503.598.1960 11. A modification to the conditions imposed at the GENERAL INFORMATION time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. Property Address/Location(s): 9370 SW Greenburg Road,Tigard, Oregon 97223 Tax Map&Tax Lot#(s): 1S126 DB TL 2800, 2900 FOR STAFF USE ONLY Site Size: 5 acres more or less Case No.(s): M A Vg"00001 Applicant*:Alpha Community Development Address: 9200 SW Nimbus Other Case No.(s): City/State: Beaverton, Oregon Zip: 97008 Receipt No.: Pti7j8 35'1 Primary Contact: Bruce Hoyt Application Accepted By S 7-04-14-1- Phone: 503-452-8003 Fax: Date: 'fie a tb e Property Owner/Deed Holder(s)°': (Attach list if more than one) Franklin Commons Associates,LLC,Brad Simmons (manager) Date Determined Complete: Address: 7820 SW Willowmere Drive Phone: 503-977-0885 Rev.7/1/07 \aupin\masteo s\ \1and use applicationminor modification app.doc Gty/State• Portland, Oregon Zip:97225 See Reverse for additional property owner information * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner REQUIRED SUBMITTAL ELEMENTS or an agent of the owner. The owner(s) must sign this application in the space provided (Note: applications will not be accepted on the back of this form or submit a written authorization with this application. without the required submittal elements) PROPOSAL SUMMARY The owners of record of the subject property request permission for a Minor X Application Form Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed X Owner's Signature/Written Authorization within Section 18.360.050(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the following criteria,a X Title Transfer Instrument or Deed Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review. In a separate letter,please address X Site Development Plan(3 copies) the criteria below contained in Section 18.360.050(B) including a detailed response to X Site/Plot Plan(reduced 81/2°°x 11°°) each criteria. 1. An Increase in dwelling unit density or lot coverage for residential development. X Applicant's Statement(3 copies) (Addressing Criteria Under Section 18.360.050(B) 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter X Filing Fee $574.00 18.765. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s)by more than 20%. In addition,the Director must find that the proposed 6. A change in the type and location of accessways and parking areas where off-site change complies with the underlying standards of the traffic would be affected. applicable zoning district. To complete this review, 7. An increase in vehicular traffic to and from the site and increase can be expected the Applicant's proposal must include a discussion to exceed 100 vehicles per day. indicating how the site expansion will continue to 8. An increase in the floor area proposed for a non-residential use by more than comply with the minimum setback, building height, 10%excluding expansions under 5,000 square feet. parking land landscaping standards. Other applicable 9. A reduction in the area reserved for common open space and/or usable open requirements such as minimum Gear Vision areas space that reduces the open space area below the minimum required by this code near driveways and street intersections may also be or reduces the open space area by more than ten percent. applicable depending on where the building 10. A reduction of project amenities (recreational facilities, screening, and/or, expansion is proposed to be constructed on the site. landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. M APPLICANTS: 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 APPLICANTS)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 plot 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 day of ,20 Owner's Signature Owner's Signature ?l irl),bvi ,M-C be/e ?nr+.•.'t,wc TN P k:Jr * /7 r rs ��fy.r 4-4. Owner's Signature Owner's Signature CITY OF TIGARD 4/22/2008 711 S 13125 SW Hall Blvd. 3.I0.00PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000001359 S Date: 04/22/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2008-00007 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2008-00007 [LRPF] LR Planning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 Payments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid Check CASA TERRA LLC ST 155 In Person 574.00 Payment Total: $574.00 cReceipt.rpt Page 1 of 1 Gary Pagenstecher From: Michele Simantel [mlt @AlphaCommunity.com] Sent: Monday, June 09, 2008 4:32 PM To: Gary Pagenstecher Cc: Jerry Palmer; Al Jeck Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD Attachments: Page 3 from casefile 77 33 D.pdf Gary - Below are findings addressing Minor Modification criteria 10 and 11 . Hopefully this gives you what you need for the decision. Thanks, Michele Minor Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed within Section 18.360.050(8) of the Tigard Development Code. 1. An increase in dwelling unit density or lot coverage for residential development. 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s) by more than 20%. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space area by more than ten percent. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10% where specified in the site plan. Response: The original landscaped area for Franklin Commons was calculated as being 62,250 square feet. This parking lot modification proposes to reduce this by 1,925 square feet for a percent change of 3.09%. This is less than a 10% reduction, therefore this change can be processed as a minor modification per criteria 10. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. Response: The original conditions of approval from Washington County Casefile 77-33-D - Franklin Commons are attached. The proposed modification affects the number of parking spaces within the lot and the amount of landscaping provided on the site. Findings for both of these changes have been provided (above and in the memorandum dated May 9, 2008). The proposed change does not modify any of the six conditions from the original approval, therefore this change can be processed as a minor modification per criteria 11. From: Jerry Palmer Sent: Wednesday, May 21, 2008 5:50 PM To: 'Gary Pagenstecher' Cc: Michele Simantel; Al Jeck Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD 10-4 !!! From: Gary Pagenstecher [mailto:Garyp @ tgard-or.gov] Sent: Wednesday, May 21, 2008 5:48 PM 1 To: Jerry Palmer Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD Jerry, Provided there are findings of fact for criteria 10 and 11 that support a minor modification determination, I could issue the decision tomorrow. Gary From: Jerry Palmer [mailto:jmp @AlphaCommunity.com] Sent: Wednesday, May 21, 2008 5:38 PM To: Gary Pagenstecher Cc: Michele Simantel Subject: FW: THE COMMONS 9370 SW GREENBURG ROAD Gary—this was so long ago it was "BC" !!! Can we just go forward? From: Michele Simantel Sent: Wednesday, May 21, 2008 5:34 PM To: Jerry Palmer Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD The narrative submitted with the application said that the project was initially approved under Washington County's jurisdiction and implied that the original land use approval was received from Washington County. I haven't seen the original decision to know for sure. It sounds like he is looking for findings addressing the original conditions of approval as well as a finding regarding landscaping percentage. From: Jerry Palmer Sent: Wednesday, May 21, 2008 5:18 PM To: Michele Simantel Subject: FW: THE COMMONS 9370 SW GREENBURG ROAD Do you know what is speaking of? From: Gary Pagenstecher [mailto:Garyp @tigard-or.gov] Sent: Wednesday, May 21, 2008 5:06 PM To: Jerry Palmer Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD Wasn't there a Washington County approval for the initial development project as indicated in your narrative? From: Jerry Palmer [mailto:jmp @AlphaCommunity.com] Sent: Wednesday, May 21, 2008 4:05 PM To: Gary Pagenstecher Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD What WACO permit?? From: Gary Pagenstecher [mailto:Garyp @tigard-or.gov] Sent: Wednesday, May 21, 2008 4:01 PM To: Jerry Palmer Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD Jerry, 2 Thank you for the revised site plan. However, in writing the decision today, I realized that I lacked information in the application to provide findings for criteria 10 and 11 to determine whether the proposed modifications are minor. Please provide information to answer these criterion: (10) landscape calculation, and (11)conditions of the WACO permit. Thank you, Gary 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. As shown in the applicant's site plan (Sheet 1) the applicant proposes to reduce the amount of landscaping by approximately 1,400 square feet. However, the application does not contain sufficient information to determine if the reduction in screening and/or landscaping is below the minimum established by the code (15%) or by more than 10% as specified in the site plan for the prior Washington County approval (Case Number). . . . 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. The applicant did not specifically address this criterion but instead concludes that "the proposed modifications do not invoke any of the 11 identifed criteria." The conditions imposed by Washington County approval (Case Number) . . . From: Jerry Palmer [mailto:jmp @AlphaCommunity.com] Sent: Tuesday, May 20, 2008 4:00 PM To: Gary Pagenstecher Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD How many copies do you need and I suppose you only need the sheet #1 correction? From: Gary Pagenstecher [mailto:Garyp @tigard-or.gov] Sent: Tuesday, May 20, 2008 1:03 PM To: Jerry Palmer Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD Jerry, In our last discussion you said that the "building to be relocated" note was removed.Can you submit a revised drawing for the file? Otherwise I think we're there. Thank you, Gary From: Jerry Palmer [mailto:jmp @AlphaCommunity.com] Sent: Tuesday, May 20, 2008 11:54 AM To: Gary Pagenstecher Cc: Al Jeck; Michele Simantel Subject: FW: THE COMMONS 9370 SW GREENBURG ROAD Gary—this should complete our application docs. Are you ok with proceeding with the Director's Decision? Jerry From: Al Jeck Sent: Tuesday, May 20, 2008 10:44 AM 3 To: Jerry Palmer; Michele Simantel Subject: FW: THE COMMONS 9370 SW GREENBURG ROAD Letter from Waste Management re Franklin Commons. Al From: Brad Simmons [mailto:fbspiico @comcast.net] Sent: Tuesday, May 20, 2008 10:27 AM To: Al Jeck Subject: Fw: THE COMMONS 9370 SW GREENBURG ROAD Hi Al, Attached if the letter from Waste Management that you requested. Brad Original Message From: Eric Sklarz To: 'fbspiico(c�comcast.net Sent: Tuesday, May 20, 2008 9:50 AM Subject: FW: THE COMMONS 9370 SW GREENBURG ROAD 10,000 phone calls later...Finally a letter from Waste Management! Thanks. Eric Original Message From: Wolfe, Steve (Oregon) [mailto:Swolfe2 @wm.com] Sent: Tuesday, May 20, 2008 9:47 AM To: Eric Sklarz Subject: RE: THE COMMONS 9370 SW GREENBURG ROAD Here you go Eric. Let me know if you need anything else.... Steve 4 ••1 .41M11116111ENIIIMPeriliiiill1.0.1.0111111111M1101.111.0.1164. i •l ! 4 yy1}", •,1� 1 i+ s,,.k%i I'y • + i f •_ f1 • 311:11 � M WASHINGTON COUNTY ADMINISTRATION BUILDING-150 N.FIRST AVENUE HILLSBORO,OREGON 97123 • BOARD OF COMMISSIONERS PLANNING DEPARTMENT ^'� RAY MILLER,Chairman BILL BLOOM LARRY K.FRAZIER,AIP,Dlroctnr VIRGINIA DAGO • Apri 1. 19,. 1977 15071648 8761 , ��• MILLER M DURIS • RICHARD C HEISLBR • `r * 1 • Mr. Keith Maguire 319 SW Washington I Portland, OR 97204 SUBJECT: 77-33-0, FRANKLIN COMMONS 1 Dear Keith: 0 Through the Design Review Process it has been determined that the submitted proposal for this project does meet County Standards of the Design Review • District subject to the following conditions: 1. Supply drainage calculations and detention figures within 60 days. , • 2. Screen mechanical equipment. 3. Existing trees to remain. 4. Restaurant will be subject to design review pursuant to Chapter 1900 of the Washington County Zoning Article (Conditional Uses). • 5. Landscaping to be completed 6 months after occupancy of first building. 6. Relocate southern landscaped parking area divider strip 2} to 3 feet towards the north. Provide 5 foot sidewalk along south side of landscaped strip. Plant all of strip except for 5 foot wide walk throughs at 4 locations (maximum) centered between parking stalls. Provide additional plantings (shrubs) under proposed trees. • The above action may be appealed to the Planning Commission by the applicant `t. pursuant to 122-3, if written notice of anpeal stating reasons based upon criteria of Section 120 and payment of $25.00 fee pursuant to Section 2401-8.2 is delivered to the Planning Director within ten (10) days of the applicant's t• receipt of this notice, For further information contact us in the Washington County Planning Department. Sin rely, Rog r.A. Superneau • Associate Planner RAS:mp cc: Virgil Rohm Benj. F-anklin Ray Wold — — -- — K. .. -...�r.�. -. _..� 4øaIpha COMMUNITY DEVELOPMENT Transmittal DATE: D4512411* TO: el k 'l Ck`r'•l 0 F rTitsittigp RE: FeitislAYrtAtA. £ H t� L t O r PROJECT NO: Via: Messenger: ❑ Mail ❑ Overnight ❑ Pick-up ❑ Electronic Rush / Route ❑ Fax pages (including this page) Fax No. -Transmitted: .❑ FOR APPROVAL ❑ FOR REVIEW AND COMMENT J`J' FOR YOUR USE . AS REQUESTED Attached: COPIES DATE DESCRIPTION sot cAntt-kli .r7 roka6te111 REMARKS: SIGNED: cc: 9200 SW Nimbus Avenue,Beaverton,8003 [F] Oregon 97008 8og3 I iiv/Ao ,i ut IT] 503 452 503 452 Beaverton I Gresham V i Vv W . a I p h a c o m m u n i t u . t o m fr7 ,6_ e ,A.A '.046t 34.4-J L.'/X krgfrA .e ., :4 $t de itojaefeteid # V ç/ 1214.4e,poli • , Ars. 51'A (q1444 kit° C' 1. -A , e _ ...., • f..i • 1 ' 1 i■ ji:• f !"i:. 4" * • i Z 'I't''.';%'.3• t -710 4'+0, 4C*AP,' _. ii. ;Ar.„ , ,- • - •4 .- Pe; - • - ) ' ' * . i A. 1 , 404001r.t. 4 ' Z..' ViSviiiitli ti, 7 . 4 A ''' . T' i • * pits L.. 7. . 7' . .., ;..... ,.e. • . . " . ,- a 1 " '".• 1* ..• ,..,..e. N.rs. , -- -. • i .- . . .. , ..... it ‘,.... . - ib, ,o•: .1 •-ittn.,. •• - 41ir P ' •i ‘ - • '.:: it . ilk - . ; . f • ;,- _ .:,-`.•-,....„. ,.,i''''.- 1.!.'1'' • .. . .. A I '' f . ii,krii . i . , ,'' ..._,;:z.,::-„,.,:„•,.:Lt.:.,r,'. -4f 4 .. •-: - -.,, i,:tr.r.,s:-:::::„.-,-'- ' # .,..4i,„:. ... .. !. ,....... , ...... 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It I ' IF , — .. *-!' .... \ • 1 ol• •---.,11•Kt 4:i..,-,' .. • 4111%.* •:'!,.,- - .?-;,',4--.-' " -- . . • iii/ ' ' .. ,, .,, ... . . ....„ • 7 '''''''--• ' 441111T1J1 / 111111r Wriii " .14' ^ ' . .4 . .. 4 , : 'r.:=•',1 4" . iiii 0 ■ / . '' ..-:',..'''.• : 11, P.... ' N211111%, . ■ ' Ors.. 1 r ' • 1 .i A ..., , i. II Afik 4.4 . .... ' rt. . ..• --, r!•410- kir,. ..J.---..,-. _., . •,„, •=4. -- ...-, F Ii T.41 .N. .. ,, -.. , . , , ......._ 7 -', "•' '. e' -'4,-.:=',. 4 pii-r*.ri hir. .- ..:2 tirt, !,. ,_,..1 :,.1. - • - _. 4 .„, . , ._. , .9., •„. • i - . •: ,*:.- • .... . . 4. , , ... • ..: .9 £ f4 r.„ - ri ;11,''...r''..11tAlll'imiz. r •■. .111-,,, alpha COMMUNITY DEVELOPMENT MEMORANDUM DATE: May 9, 2008 TO: Gary Pagenstecher FROM: Michele Simantel Jerry Palmer RE: Franklin Commons Minor Modification This memorandum is written to address compliance with the City of Tigard minimum and maximum parking standards for the Franklin Commons Minor Modification. As noted in the original application narrative, the applicant has requested a modification to the southeast corner of the existing park parking lot to remove the "mobile MRI" space, relocate the garbage collection facility and add parking spaces. A letter from Pride Disposal is attached demonstrating their approval of the new garbage collection location. Following is a demonstration of compliance with the City's minimum and maximum parking requirements. Currently, 95% of the building is leased to medical office tenants, therefore the medical office standard of the City's parking requirements will be used. The property is located within parking zone "A" as it applies to maximum parking requirements. The gross square footage of the buildings is 53,329 square feet. Based upon this square footage, the parking requirements are as follows: Minimum parking standard-3.9/1,000 square feet = 208 spaces minimum Maximum parking standard- 4.9/1,000 square feet = 261 spaces maximum There are currently a total of 211 off-street parking spaces serving the 53,329 square feet of medical office space. The 19 parking spaces shown on the plan will replace 5 existing spaces along the easterly property line and the new garbage facility will eliminate 4 existing spaces, for a net gain of 10 spaces. The requested modification will result in a total of 221 parking spaces. This is within the minimum and maximum parking allowed for the use. Thank you. Enclosed: Letter from Pride Disposal WASTE MANAGEMENT May 19,2008 Brad Simmons Franklin Commons Associates,LLC 9370 SW Greenberg Road Tigard, OR 97223 Re: Trash Enclosure Design and Relocation Brad, Waste Management of Oregon-Washington County Operations,has reviewed the design plans for the proposed new enclosure and relocation at 9370 SW Greenburg Road in Tigard,Oregon. We have determined that we can adequately access and provide garbage and recycling collection services with our equipment within the proposed development design and the proposed new enclosure location. Sincerely, 4:CWu Steve Wolfe District Manager Waste Management of Oregon ' � 1 General Information Property Owner/Applicant: Franklin Commons Associates, LLC 7820 SW Willowmere Drive Portland, OR 97225 contact: Brad Simmons tel: (503) 977-0885 Representative/Engineer: Alpha Community Development 9200 SW Nimbus Portland, OR 97008 contact: Bruce Hoyt tel: (503) 452-8003 e-mail: bruce.hoyt @alphacommunity.com Site Location: 9370 SW Greenburg Road south side of Hall, east side of Greenburg Legal: 1S1 26DB, lot 2800, 2900 Site Size: +/- 5.2 acres Land Use Designation: MUE - 1 Community Plan: Metzger-Progress, Metzger School Sub-area Area of Special Concern #16 Request This minor modification proposes improvements to the SE corner of the existing parking lot. An unused "mobile MRI" parking space will be removed, a dumpster will be relocated, and the parking lot will be "re-configured" to add parking spaces and a set of stairs to facilitate pedestrian access with the adjacent parcel. Minor Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed within Section 18.360.050(B) of the Tigard Development Code. 1. An Increase in dwelling unit density or lot coverage for residential development. 2 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s) by more than 20%. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space area by more than ten percent. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10% where specified in the site plan. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. Response: The proposed modifications to the existing parking lot can be reviewed and approved as a minor modification as defined by the Tigard Development Code (TDC). The proposed modification does not invoke any of the 11 identified criteria listed above. The initial project was approved and constructed when the property was under the jurisdiction of Washington County. At the time of the land use approval and construction of Franklin Commons, all of the applicable development standards were met. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type 1 procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. 18.360.060 Minor Modification(s) to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification Response: The proposed modifications to the existing parking lot are a minor modification as defined by the Tigard Development Code (TDC). The initial project was approved and constructed when the property was under the jurisdiction of Washington County. At the time of the land use approval and construction of Franklin Commons, all of the applicable development standards were met. 3 The modification to the SE corner of the parking lot consists of the removal of an unused "parking stall" for a mobile MRI unit, the relocation of a dumpster enclosure, and the addition of parking stalls and a landscape island, and a set of stairs to provide pedestrian connectivity to the adjacent parcel. The resulting configuration of the parking lot improves the overall function of the site, removes an unused "parking stall" for the portable MRI unit that actually crossed over onto the adjoining lot and adds additional passenger parking stalls. It also provides a set of stairs to facilitate connections for pedestrians between this site and the adjoining property. C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and 2. The modification is not a major modification. Response: The proposed development complies with all of the applicable regulations in the TDC for this site. The parking lot modification will increase the number of parking stalls and promote pedestrian connectivity between this property and the adjacent property. The removal of the unused MRI Parking stall will remove a "cross-over" easement that is no longer valid. Washington County,Oregon 2005-110006 09/09/2005 02:40:54 PM ■• D•DW Crtt■1 ttrn22 I REED $15.00$5.00$11.00•Total•$32.00 AFTER RECORDING RETURN TO: 1111111111 I IIIII fulfil liii 11111111 1001 SW 51"AVENUE,SUITE 2000 I,J 00831306200501100060030032 Jerry Hanson,Director of Aooaamerit and Tassttcn and Ex.ORklo County Clerk forWan hIngton County, PORTLAND,OREGON 97204 Crepe n,do hereby certify that the within InIWment of /J writing was received and recorded In the book of records of meld county. (� 1�_,_ 1, �" TAX STATEMENTS SHALL BE Jerry R Manion,DrectorlLA minntt^and Taxation, ` Ii L' SENT TO THE FOLLOWING ADDRESS: — Ea• M"°County Clerk No Change STATUTORY WARRANTY DEED (ORS 93.850) Franklin Commons Associates, an Oregon General Partnership, Grantor, conveys and warrants to Franklin Commons Associates, LLC, an Oregon Limited Liability Company, = Grantee, the real property described on the attached Exhibit A, which description by this U reference is hereby incorporated herein as if set forth in full, free of encumbrance, except as disclosed by the public real property records. The true and actual consideration for this conveyance stated in dollars is the sum of$-0-, T and consists of or includes other property or value given or promised which is the whole consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND In 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. -rh C DATED this $ day of S i .k ,2005. GRANTOR: Franklin Common Associates,an Oregon general partnership CHCAGO IRE INSURANCE COMPANY OF OREGON By: Pacific Insurance Investment Company, HAS RECORDED THIS INSTRUMENT AS AN ACCOµ ODATION ONLY AND ASSUMES NO LIABILITY FOR authorized agent ERRORS OR OS HEREIN,NOR DOES CHICAGO TITLE LE REPRESENT THAT IT WILL CREATE $y: THE ESTATE OR INTEREST IN REAL.PROPERTY Brad Simmons,President M*II R PURPORTS TO CREATE. Page 1 –STATUTORY WARRANTY DEED C:\Documents and Settings\PettersonD\Local Settings\Temporary Internet Files\OLK38D'Deed-01.doc i III II1111111IIiiiIII1IIIII 2006-110006 STATE OF OREGON ) ) ss COUNTY OF ) This instrument was acknowledged before me on this 1 day of Sp,p'- , 2005, by Brad Simmons as President of Pacific Insurance Investment Company, the authorized agent of Franklin Commons Associates, an Oregon general p ership. .111 d(24,41.--- Notary blic for Oregon 3_9_D g My Commission Expires: sue, OFFICIAL SEAL r .) DIANE M.PETTERSON i.,,,„4 z NOTARY PUBLIC-OREGON COMMISSION NO.388915 MY COMMISSION EXPIRES MARCH 9,2009 Page 2-STATUTORY WARRANTY DEED C:\Documents and Settings\PettersonD\Local Settings\Temporary Internet Files\OLK380\Deed-0I.doc IiiI1IlII1lI1tllhIllhLI 2005-110006 EXHIBIT A Legal Description Parcel 1 of PARTITION PLAT No. 1991-018 in the City of Tigard, County of Washington and State of Oregon. TOGETHER WITH, a nonexclusive easement for parking, over and across the parking areas within Lots 5 and 6, CEDARBROOK FARM and the vacated portion of an unnamed public street adjoining said lots as set forth in Reciprocal Easement Agreement,recorded April 26, 1990,as Fee No.90 20691. ALSO TOGETHER WITH, an exclusive easement for the construction of a concrete pad and the placement thereon of a mobile MRI Trailer to the extent that it encroaches onto the adjacent property to the East as granted by Legacy Health System to Franklin Commons Associates by Easement Agreement recorded August 1, 1995,as Fee No.053420. A-1 P:1RDN1RON200 RECORDING REQUESTED BY,AND We certify this instrument to be a true WHEN RECORDED,RETURN TO: Copy of s,gZ G� �C Franklin Commons Associates, LLC Recorded OAP as acly-moo /eN 2 7820 SW Willowmere Drive Portland,OR 97225 Records of err... Attn: Brad Simmons CHICAGO TITLE 1 /U NCE COMPA Y UNTIL A CHANGE OF ADDRESS IS REQUESTED, SEND ALL TAX STATEMENTS TO: Franklin Commons Associates, LLC 7820 SW Willowmere Drive Portland,OR 97225 Attn: Brad Simmons SPECIAL WARRANTY DEED CASA TERRA, LLC, an Oregon limited liability company("Grantor"),conveys and specially warrants to FRANKLIN COMMONS ASSOCIATES, LLC,an Oregon limited liability company ("Grantee"), the real property in Washington County, Oregon legally described on the attached Exhibit A (the "Property")free of encumbrances created or suffered by Grantor except as specifically set forth in the attached Exhibit B. The true consideration paid for this conveyance consists of or includes other property or other value given or promised. In addition, if within ten (10) years of the date of this Deed: (i) improvements are constructed on the Property that generate rental revenues within any 12-month period of$10,000.00 or more, or(ii) Franklin Commons sells the Property as a separate parcel to a third party, Grantee shall pay Grantor an amount equal to One Hundred Thousand Dollars ($100,000.00) The obligation of Grantee to pay Grantor such One Hundred Thousand Dollars ($100,000.00) shall run with the land and be binding on Grantee and Grantee's successors and assigns but shall be personal to Grantor. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO I I, CHAPTER 424, OREGON LAWS 2007. 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,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 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. IC:\Documents and Settings\PettersonD\Local Settings\Temporary Internet Filcs\C Dated this 1 day of April, 2008. GRANTOR: CASA TERRA, LLC, an Oregon limited liability corn By: Title: 'dal• �,r By: �.� Title: ryi m bAni- 2C:\Documents and Settings\PettersonD\Local Settings\Temporary Internet Files\C STATE OF ) )ss. County of ) The foregoing instrument was acknowledged before me on this L1 day of April, 2008, by Jerry M. Palmer, as President of Palmer and Associates, Inc., Member of Casa Terra, LLC, an Oregon limited liability company, on behalf of such limited liability company. OFFICIAL SEAL U DIANE M. PETTERSON y�NOTARY PUBLIC-OREGON COMMISSION NO.388915 Notary Public for ©.w� MY COMMISSS'CN EXPIRES MARCH 9,2009 My Commission Expires: 3-?-d STATE OF D1 ) )ss. County ofact0(0171t1& ) The foregoing instrument was acknowledged before me on this day of April, 2008, by_Karl H. Walter, as a Member of Casa Terra, LLC, an Oregon limited liability company, on behalf of such limited liability company. �► Jn Notary Publ' for IrQ.°� (Jr) My Commi ion Expires: %, I / OFFICIAL SEAL GINGER BELL ' UC OREGON 41 : �.-, - NOTARY PUB t 4191 � ° COMMISSION ��, MY COMMISSION EXPIRES AUGUST 5,2011 EXHIBIT A Legal Description - Parcel 2, PARTITION PLAT NO. 1991-018, in the County of Washington and State of Oregon. I C:\Documents and Settings\PettersonD\Local Settings\Temporary Internet Files\C • EXHIBIT B Permitted Encumbrances 1 . The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. 2, Easements for existing public utilities in vacated street area and the conditions imposed thereby, Disclosed by Ordinance No.: 88-23 Entered: August 22, 1988 Recorded: August 28, 1988 Recorder's Fee No.: 88-043089 Affects: The Southerly portion 3. Easements as dedicated or delineated on the recorded plat. For: Storm drainage Affects: See plat map for details 4. Easements as dedicated or delineated on the recorded plat. For: Public drainage Affects: The South 25 feet 5. Easements as dedicated or delineated on the recorded plat. For: Existing building for the benefit of adjacent property Affects: The Northerly portion 6_ Conditions set forth in'Minor Lot Partition', including the terms and provisions thereof; Recorded: February 12, 1991 Recorder's Fee No.: 91-007370 I C:\Documents and Settings\PettcrsonD\Local Settings\Temporary Internet Files\C Parcel : R2015442 Ref Parcel# : I S 126DB 02800 Mkt_ �l : $6,268,180 Owner : Franklin Commons Associates LC e MktLand : $4,065,180 CoOwner : Franklin Commons Ass MktStruct : $2,203,000 Site :9370 SW Greenburg Rd Tigard 97223 MktOther . Mail : 621 SW Morrison St#800 Portland Or 97205 %Imprvd : 35 Xfered : 09/09/2005 Doc# : 110006 Exempt . Price Deed : Warranty Type . Pr Xfer Pr Doc# Levy Cd : 02381 PrPrice School Dist : Tigard Nbrhd Code : Zwsq 06-07 Tax : $58,773.77 Class Code : MillRte : 15.7510 Use : 2014 Com,Improved MapGrid : 655 El SubPlat R : 01W T : O1 S S :26 Q : SE QQ :NW Legal : PARTITION PLAT 1991-018,LOT 1, Phone : ACRES 4.70 Owner .• . Tenant .• Census : Tract : 309.00 Block : 1 Measure 50 Assd Total : $3,731,430 Bedrooms : Lot Acres :4.70 Year Built . Bathrooms : Lot SqFt :204,732 EffYearBlt : Heat Method: BsmFin SF : Floor Cover : Pool BsmUnfinSF: Foundation : Appliances : Bldg SqFt : 53,326 Roof Shape : Dishwasher : 1 stFIrSF :21,566 Roof Matl . Hood Fan UpperFlSF : InteriorMat : Deck Porch SqFt : Paving Matl : Garage Type: Attic SqFt : Ext Finish . Garage SF : Deck SqFt : Const Type : 18126DB 1S126DB i;'. X ,�.c T:''...•_<- -,..Ve.'' j' ( .'' \ \ 51-51 ,,, , , . F Gy _...,.../x.,<,, w.. -- ,7 1 23-64Qe - , ¢ ,;` :)::::.:%:.:-::: gig 009 I , — 5w'wa t:0Ncot.v `qls:•;:' is j 1 �'i fir/�irr yq;rr •.':X!};;j"..4 is w _ ;:::::::::::::::::tp. r'r.�<r:�:'� ;��, /•dry O _Frl, .s:,-::, -/ - ,ii •nr. villuir 7.1',V149", .0.kar.' . CTION 2B - 2 °` m__OBOtle-noT OATS:a.Wax.was ��' y PoR�Sy5ESp50P,uEORiT p�u�v ES . / ..�` Q T , ;,�� y._ ( 0 LFOROTRER USE 4=4 °r ,,-r .u.. ;41111.' i1^ w,.. ►!Er ��# U t • , . } SA-. J 0 BEAVERTON MARE; Am.. ..-'::.'f' iS 1 MS 1S 1 28DB Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. ADDITIONAL DOCUMENTS Walter H. Knapp &Associates, LLC Consultants in Silviculture,Arboriculture and Urban Forestry 0840 Franklin Commons Arborist Report' August 11, 2008 Expansion of the parking lot at Franklin Commons will affect several trees on the east boundary of the complex. To facilitate enlargement of the parking lot, a keystone wall will be installed along the east boundary. I visited the site on July 22 to examine the affected trees and evaluate their condition. Based on discussions with Alpha Community Development, I also developed recommendations for protecting the trees during construction and providing for their long-term sustainability. Tree Species and Condition All of the trees along the east site boundary are ponderosa pines (Pinus ponderosa). This species is relatively hardy and adapted to a wide range of site conditions. Nevertheless, low- vigor or damaged pines are vulnerable to attack by bark beetles, especially the mountain pine beetle (Dendroctonus ponderosae). Mortality of such trees is common. I identified three ponderosa pines with a high probability of mortality from bark beetles. These trees are designated on the site plan. Based on the characteristics described in the following table, I recommend that they be removed during parking lot expansion. This would avoid conflicts with the use of the site after construction. Table 1. Size and characteristics of ponderosa pines recommended for removal. Oki; DBH Condition 18 Broken top, poor condition. feeder" 30 Thin crown, low vigor. 18 Dead top, live crown ratio-20%, suppressed, low vigor. p/Oeti Tree Protection Recommendations 9 ' • Tree protection fencing should be placed as far from the trees as possible to permit p g p p P Sc'c to°111.) construction of the keystone wall. Chain link fence panels will provide the best ,Y.,� protection and still permit relocation as needed to permit operations to proceed. The general location of protection fencing is shown on the site plan/tree protection plan, but the actual location will be determined in the field by the arborist. • No materials or supplies should be stored within the protection area, and the protection fence should not be moved or relocated without approval of the arborist. This report is provided at the request of Alpha Community Development. 7615 SW Dunsmuir Lane,Beaverton, OR 97007 Phone:(503)646-4349 Fax:(503) 746-6414 Page 2 of 2 0840 Franklin Commons Arb.doc 8/11/2008 Waller 11.Knapp • The arborist should provide regularly scheduled tree protection inspections during periods of active construction in tree protection areas. • The fill profile for the tree root zone within the expansion area of the parking lot should be constructed according to the diagram shown in figure 1.2 The intent of this design is to provide oxygen and water to the root system and ensure long-term sustainability. Fi_ure 1. Fill •rofile for .rotection of root zones within the parkin! lot. surfacing clean crushed rock 2"+ no fines geotextile fabric - permeable to air and water native soil - remove litter la er no excavation within root area Sample profile for areas within Critical Root Zones. Depth of rock is dependent on grading. Technique based on best management practices. Summary Three of the ponderosa pines near the parking lot expansion area at Franklin Commons should be removed due to condition. The remaining trees can be protected and sustained if the recommended steps are followed. / i Walter H. Knapp Certified Forester, SAF 406 Certified Arborist,ISA PN-0497A Enclosure: site plan/tree protection plan 2 Note that we used this profile successfully in Tigard on Bretton Woods and Moore's Meadow(details available upon request). 7615 SW Dunsmuir Lane,Beaverton,OR 97007 Phone:(503) 646-4349 Fax:(503)265-8117