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MMD2008-00017
MMD2008 00017 LONGSTAFF CONDOMINIUMS CONVERSION TO APARTMENTS . City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, R 97223 q August 29,2008 Casa Terra, LLC T I GARD Attn:Jerry almer 9200 SW Nimbus Avenue Beaverton, OR 97008 RE: Minor Modification Approval City of Tigard Case File No. MMD2008-00017/ Longstaff Condominiums Conversion to Apartments Dear Mr. Palmer: This letter is in response to your application dated August 18, 2008 for a Minor Modification approval to the Longstaff Condominium Development approved under SDR2005-00011. The subject site is located at 10890 SW 95th Avenue,WCTM 1S 135AC,Tax Lot 2500 within the City of Tigard Oregon. The proposed modifications to the approved plan are described in the application narrative and site An and include two-story apartment units with slight vanations to building footpnnts, while retaining the same number of units, the existing circulation system, and open space. The following analysis shows that the proposed development is a minor modification and is hereby approved. 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 proposed revised plan includes 43 multi-family units, which is the same number as previously approved, therefore no increase in dwelling unit density is proposed. The site plan submitted with this application shows the originally approved building footprints are substantially similar to the proposed footprints. This exhibit demonstrates that the proposal does not propose an increase in lot coverage from the original approval. 2. A change in the ratio or number of different types of dwelling units. The original approval includes 43 multi-family condominium units. The proposal includes 43 multi- family units which could be sold as condominiums or rented as apartment units. The approved and proposed dwelling units fall under the "multi-family" definition in the City of Tigard Development Code. Therefore, the proposal does not change 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. According to the applicant's narrative, the proposed increase in one bedroom units and reduction in three bedroom units result in a parking requirement of 61 spaces, nine less than the original 69 spaces required. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed modification does not involve commercial or industrial structures; therefore, this critenon does not apply. Page 1 of 2 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 reduces the height of the approved three-story condominiums to two- story apartments. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The modification proposal does not include any change in the type or location of accessways or parking areas. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The same number of multi-family dwelling units is proposed as originally approved. Therefore, there will be no increase in vehicular traffic as a result of the modification. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposed modification is for residential 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's site plan shows that proposed building footprints are substantially similar to the approved footprints and are less in the case where a 3-car garag e is proposed to replace a 5-unit building. The proposal increases the open space above that originally approved. 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 and stated in the applicant's narrative, the proposal will not reduce any project amenities and will increase landscaping in the case where a 3-car garage is proposed to replace a 5-unit building. 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 proposed modifications do not modify any of the conditions from the original approval. Therefore,this criterion does not apply. As the findings above show,this request is determined to he a minor modification to an existing development and approved plan and is in compliance with all applicable requirements of Title 18 of the Tigard Municipal Code. Therefore,the proposed minor modification is approved. If you have any questions,please feel free to call me at 503-639-4171 ext.2434. Sincerely, Gary Pagenstecher Associate Planner August 28,2008 Page 2 of 2 Longstaff Condominiums Minor Modification Request (MMD2008-00017) L I I I I _/ .R- z i 1 j omoccoorro li I I CITY of TIGARD L_____________— i / = GEOGR APHiC iNEOR MATION SYSTEM VICINITY MAP MMD2008-00017 4.ii LONGSTAFF CONDOMINIUM CONVERSION TO APARTMENTS LN II \ ,C VC_E L--- \ Q - LEGEND: j% SUB J ECT , THORN ST SITE RD > tf-, 5 ; .� C v� Q I , a . Y _ - ? \ ti� a —�� Q Tt.1i<D Q� $B■NITA I'.[: /co ?7> WEE BEND RV: / DORM M RD --Li\ Q� __ I I I Tigard Area Map DAKOTA ST • _ , H iiniu�I _- 4 0 90 180 270 360 450 Feet r r----.._ EMPLIJ U. Cr) C7) '------• 1". 1ast Mk> ______ CD ■ Q jTIfxAAi3 kill ■ ■ I Information on this map is for general location only and should be verified with the Development Services Division. i ■ L _ 73125 SW Hall 223 _ ■.� S Tigard.OR 97223 -I _ _ I hvww C,tigard http figard.or.us Community Development Plot date:Aug 28,2008;C:lmagic\MAGIC03.APR •.,, LC)NGSTAFF APARTMENTS t, RCM Homes Inc. , . .. ,.... .\\ UNIT STATISTICS , UNIT TYPES DESCRIPTION TOTAL i --=-------",-."'''''F"- — =____ = _----- . , #//0 AN, A 189 1 same GSF 703 Net Saleable— 14 APRON PARKINGt7 r APRON FAIWKFFid— ------- <77) . B-1 2892 B @ 1053 GSF 991 Net Saleable 14 = _ ' (4+N - • Z 7 1 prikeiroAvot f a ,.,,,,Trum 41...,,„, ... s B-2 2BR 2 B @ 1198 GSF 1111 Net Saleable 14 C 28/1 1 B @ 920 C,SF B030 Nei Saleable 1 l ' :iit-try z■_balea bM11111,XTZ.ast ' TOTAL 43 I II I i 11E41 ii. i 1 %11 1115hj . 1 M. bill / IT!..._ 1141 : 1 PARKING STATISTICS 111111111114 ithihm......_'s- ' ,,, 1 3•:, PARKING TYPES TOTAL . INTE-GRAL GARAGES 45 , .....,,,,.........) a FT • , ;4 P OPEN STALLS 30 iii I SUBTOTAL 75 :iI i - • \ .. I 1=1 , 4.._ GUEST APRON STALLS TOTAL'1 1411)11.9)83 ___-- _ _44.---" .:0... .4, •"--------- • •1 •-■ 'N,_4',, I 1 1 ..- ,MRIDECLAL 3A,•6 4.8 VOL 14 AV Zi-- 1-'2161 WO, t'•Xi.1•74._ ........ VI'. , ! i i . i 1 . I. I.' I A 4 J ... ..‘' •.„ SU /11 ..........1 1 '',., Mil 'III F./VS.4141 -'; "_. 1, 1 A‘ ' ', •IICIIITICTS It 1 1_,30l3STAFF 10, EASE1.4ilvT • q I [ 11111111 1 'IMIlla i 16...,„,„'A:opa\Og't '' ' 1 iN g — —. MI ' '' mon '',....„ I 1 I I FINAL APPROVAL 1: ggie 1 1 (22) "- 1 - i 1 CITY Of TIGARD PLANNING DIVISK)I4 .., ) • - ,,..,,,I. 11-Lar :i., \ i, a 44b ...r. ' '')4P+11.13 .,:li )----; • 1 1 ..#: ' 111111' Se/ .....N.., Ile 100 , -.--- ;oat .., , N SITE PLAN ,....,..._..... I ,, ., re tis; , 1.„ , , , 10 'AV-alpha It p 1".40 0' 07-30.2008 , ......'.....'....... I 11 I .1 \iti, NO ii‘i3 1:1 . ___,.. ....,.....e.e, '-- ..../. . i 1 COMMUNITY DEVELOPMENT It .. 6 _—., .., we .....-----. ...." 11 1 N ---- , . , .. ., ,...... • '-- . - AFFIDAVIT OF MAILING 171! I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of tTigarcl,Washington County,Oregon and that I served the following: © NOTICE OF DECISION FOR MMD2008-00017/LONGSTAFF CONDOMINIUMS CONVERSION TO APARTMENTS (File No./Name Reference) ❑ AMENDEDNOTICE 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 August 29,2008,and deposited in the United . : Mail on August 29,2008,postage prepaid. deZ6 / � (Y 674 (Person that Pre d Notice) STATE OF OREGON County of Washington) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the / day of 0C� ,2008. ; - OFFICIAL SEAL -r7riVa^ SHIRLEY L TREAT `4' NOTARY PUBLIC-OREGON COMMISSION NO.418777 NOTARY PUBI. C OF OREGON MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: LOS!/ City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, R 97223 August 29,2008 • • Casa Terra, LLC T' A D, Attn: e Palmer 'r e �y.s 9200 SW Nimbus Avenue Beaverton, OR 97008 RE: Minor Modification Approval City of Tigard Case File No. MMD2008-00017/ Longstaff Condominiums Conversion to Apartments Dear Mr. Palmer: This letter is in response to your application dated August 18, 2008 for a Minor Modification approval to the Longstaff Condominium Development approved under SDR2005-00011. The subject site is located at 10890 SW 95th Avenue,WCTM 1S135AC, Tax Lot 2300 within the City of Tigard Oregon.subject proposed modifications to the approved plan are described in the application narrative and site An and include two-story apartment units with slight vanations to building footprints, while retaining the same number of units, the existing circulation system, and open space. The following analysis shows that the proposed development is a minor modification and is hereby approved. 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 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 proposed revised plan includes 43 multi-family units, which is the same number as previously approved, therefore no increase in dwelling unit density is proposed. The site plan submitted with this application shows the originally approved building footprints are substantially similar to the proposed footprints. This exhibit demonstrates that the proposal does not propose an increase in lot coverage from the original approval. 2. A change in the ratio or number of different types of dwelling units. The original approval includes 43 multi-family condominium units. The proposal includes 43 multi- family units which could be sold as condominiums or rented as apartment units. The approved and Coproposed dwelling units fall under the "multi-family" definition in the City of Tigard Development de. Therefore, the proposal does not change 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. According to the applicant's narrative, the proposed increase in one bedroom units and reduction in three bedroom units result in a parking requirement of 61 spaces, nine less than the original 69 spaces required. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed modification does not involve commercial or industrial structures; therefore, this critenon does not apply. Page 1 of 2 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 reduces the height of the approved three-story condominiums to two- story apartments. 6. A change in the type and location of accessways and parking areas where off site traffic would be affected. The modification proposal does not include any change in the type or location of accessways or parking areas. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The same number of multi-family dwelling units is proposed as originally approved. Therefore, there will be no increase in vehicular traffic as a result of the modification. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposed modification is for residential 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's site plan shows that proposed building footprints are substantially similar to the approved footprints and are less in the case where a 3-car garage is proposed to replace a 5-unit building. The proposal increases the open space above that originally approved. 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 and stated in the applicant's narrative, the proposal will not reduce any project amenities and will increase landscaping in the case where a 3-car garage is proposed to replace a 5-unit building. 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 proposed modifications do not modify any of the 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 and is in compliance with all applicable requirements of Title 18 of the Tigard Municipal Code. Therefore,the proposed minor modification is approved. If you have any questions,please feel free to call me at 503-639-4171 ext.2434. Sincerely, Park./ Gary Pagenstecher Associate Planner August 28,2008 Page 2 of 2 Longstaff Condominiums Minor Modification Request (MMD2008-00017) 1 1 Ii 1 _," `Ery Z I I ____1 amm Ijl I CITY of TIGARD 1 I ______ GEOGRAPH∎CiNFORMAT1ON SYSTEM - . ---narK VICINITY MAP -I MMD2008-00017 4 LONGS TAFF CONDOMINIUM CONVERSION TO APARTMENTS SHADY LN ` N -,----) - \ a- LEGEND: \\ SUBJECT' RIKSITE 0) ,_ERRI i \ Rn w °E 7 . Q � Sys r 0, i� 7.ria xn Rn- I Q� d N6MTA fi,,• ■�1 iuil � DAKOTA Tigard Area Map IIRR ST ` • III 2 MIL 0 90 180 270 3�� Feet to w _ 1'337 feet — > MOP/1 .. 0 I Information on ihr5 map is for general location only and • should be verified wdh the VV Hall Blvd Services Division, — 17125 SW Hall Blvd • .,- I I � T(503) 39-41713 11 _ ! -.I _ --1 I http:Nwww.a.tigard.or.us Comni inity Development Plot date:Aug 28,2008;C:lmagic\MAGIC03.APR LC)NGSTAFF APARTMENTS ..... RCM Homes Inc. .., .. ,, • .. , -,, ,,, IN.,,, UNIT STATISTICS `. IUNIT TYPES DESCRIPTION TOTAL I i gr ' ------—----------_-_,:_---.--7----,-------.- ,..,= __: -:-.-----,- ,4).. :.: A 1 814 i 8 EI 789 GSF.703 Nei sout,* 14 w i i- —.- — APRON PARKING14--- — AF1196.19 WWI" — --------- . •P.7,> . B-1 29R 2 8 Ek IC•53 GSF,991 PAR Saleade 14 B-2 NA 28 0 Ii8EIGSF 1111 Net SawatNe 14 F. . ragews'''', '14% 11 Iriumn_._ ___•!...1'..-• • •••• '' • C ,28R I 9 6 NO GSF 990 Net Saleable 1 4C I I : so 17..,.....y.7..,W .:16.-...ii ..i. --.,--- •". \ .11101-66.1........ . N''''' TOTAL 43 4 I i i 0 .\ : Ill I I I im A li , , PARKING STATISTICS illtmo. i 1 um . mg ,..._ .111111C-It 364R 1 -... PARKING TYPES TOTAL s:f. . • ; Olt ,GE • ,, -- . INTEGRAL GARAGES ----aT • i ,-.-. IT ABOV . r :, OPEN STALLS 30 , SUBTOTAL 75 174/DU ! ,.,... .. -,,,,, ,ib. . GUEST APRON STALLS . 18 ..., !I I -, __ ____ - _---4-■_,.... ''''''N. ., TOTAL. 93 :: ,,imam diz.7_,7;ris...we._.-mm mel:. iilii---- I 1-iv•II. • .1 i 4 Iv=Rain] ' i :: i ma 11 •IICII■TICTS 1 I A\'•-- /RION .„ EASEMENT \ 0 1 li.mile 1111n1 I 1 i'i,A,_. ---'' OW'. ■',...N.,, • SI Pr/6 \ MI Poorerry UNE •••••• 01111A f . . .... .„..,.. - , -., ...e.........■.••=.0.........- 11 ,t, ', : Ili ._ ....„....., FINAL APPROVAL 1 gip.1 1 . , OAP T.i \ - - MIA' - CITY OF'TIGARD PL MINING DIVISION ' ' ' i .II S 1 I 0+ /e 410.7,%4,,4,,,,,,.. -^ iil: 4,: \ /..ict A,F„, "g' 117...AVA,,,W 11111111* N---.. 1 OA_ • i , Y , DATE 7/2,,,,, 11 i SITE PLAN 1.,.:,..r... 'I ,tfutlatis. / ".----' ---- 1'1 '444-alpha . , _ I r 1-= ozone t1 , I I COMMUNITY DEVELOPMENT _ ......■ : i 1 LSI-■- - '."sLOpegf"il .;..,., .....„...,„„_._-,....., WE- -.....-- ,..., r •••,..,.-.•••••..„.;......... ,_..,•,..,•-i•,•••••• - ,...t. • • :._: :.- ,.....- • • . ,... .,........•:•-:::7'.:: 4. MMD2008-0001. EXHIBIT (t5 , Casa Terra, LLC LONGSTAFF CONDOMINIUMS CONVERSION Attn:Jerry Palmer TO APARTMENTS 9200 S Nimbus Avenue Beavertonton,, OR OR 97008 Casa Terra LLC By Alpha Community Development PO Box 1082 Clackamas, OR 97015 1 S135AC-02500 CASA TERRA LLC BY ALPHA COMMUNITY DEVELOPMENT � /� ,( (j PO BOX 1082 Ud CLACKAMAS, OR 97015 W/ MINOR MODIFICATION • IM TYPE I APPLICATION RECEIVED City cf Tigard Permit Center 13125 SW Hall BM, Tigard OR 97223 AUG 1 8 200 S Phone. 503.639.4171 Fax:503.598.1960 CITY of i GARl7 GENERAL INFORMATION PLANI'llf‘-' !1:t ( In;FFRJNG Property Address/Location(s): ∎1/48c.x.0 s cl S' AYE. �l a r cA .. °i n t 7-3 FOR STAFF USE ONLY Tax Map&Tax Lot#(s): (S1 VJ-6$ A C. Case No.(s): 40.0 012-0 11 Site Size: t-{ PAC.- Other Case No.(s): Applicant': (.,o. Sa•. TCY ∎CGS Receipt No.: a0 U 8)-'`i a-1 Address: \ W S vJ N 1Inc YnvS Prvt, City/State: f0x:w.v€X tr' bR-- Zip: �-1�J Application Accepted By. S � Primary Contact: Date: �1(��o Phone: 503—L{r .— 15003 Fax: g p3-y S2 - t o' I3 Property Owner/Deed Holder(s)':.: (Attach list if more than one) Date Determined Complete: Rev.7/1/07 OVJ r APQ (AA.ht \c urpin\masters\land use applications\minor modification app.doc Address: Phone: City/State: Zip: When the owner and the applicant are different people, the applicant must be the REQUIRED SUBMITTAL ELEMENTS purchaser of record or a lessee in possession with written authorization from the owner (Note: applications will not be accepted or an agent of the owner. The owner(s)must sign this application in the space provided without the required submittal elements) on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY [' Application Form The owners of record of the subject property request permission for a Minor i,' Owner's Signature/Written.Authorization 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 2 Title Transfer Instrument or Deed 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 [a' Site Development Plan(3 copies) Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please [ Site/Plot Plan(reduced 8�/1Nx 11") address the criteria below contained in Section 18.360.050(B) including a detailed © Applicant's Statement(3 copies) response to each criteria. (Addressing Criteria Under Section 18.360.050(8) 1. An Increase in dwelling unit density or lot coverage for residential development. p' Filing Fee $574.00 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 In addition,the Director must find that the proposed Uniform Building Code. change complies with the underlying standards of the 5. An increase in the height of the building(s)by more than 20%. applicable zoning district. To complete this review, 6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion traffic would be affected. indicating how the site expansion will continue to 7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height, to exceed 100 vehicles per day. parking land landscaping standards. Other 8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Gear 10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections 9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on code or reduces the open space area by more than ten percent. the site. 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. 1W- 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 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 plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,and maybe 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 kctUottAir ,2010 Owne • .ta I Off' Ck i Owner's Signature HtGM Owner's Signature Owner's Signature CITY OF TIGARD 8/18/2008 n 13125 SW Hall Blvd. 12:59:22PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000002921 Date: 08/18/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2008-00017 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2008-00017 [LRPF] LR Planning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check CASA TERRA LLC ST 159 In Person 574.00 Payment Total: $574.00 cReccipi.rpt Page I of' SL(2, —oar, sr 0 Chicago Title Insurance Company of Oregon e AMENDED PRELIMINARY TITLE REPORT August 30,2007 TO: Chicago Title Insurance Company of Oregon Order No.: 444523 10135 SE Sunnyside Road Escrow No -444523- Clackamas,OR 97015 Ref: ATTN.: Bill McCorkleBuilder Services Phone No.: (503)653-7300 Standard Owner's Coverage to be determined Premium to be determined Municipal Lien Search $25.00 We are prepared to issue a title insurance policy in ALTA(2006)form and amount shown above insuring the title to the property described herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued,and the full premium therefore paid. Dated as of: August 24,2007 at 08:00 AM Vestee: Casa Terra LLC, an Oregon Limited Liability Company as to Parcels I through VII and George W. Horsley III and Mary A. Horsley as to Parcel VIII Subject to the exceptions,exclusions,conditions and stipulations which are part of said policy,and to exceptions as shown herein. CHICAGO TITLE INSURANCE COMPANY OF OREGON / By: Tony Schadle Title Officer 10135 SE Sunnyside Road,Suite 200 Clackamas,OR 97015 phone(503)653-7300 fax(503)653-7763 90147 I 0030a.rdw Order No.: 444523 DESCRIPTION See Legal Description Attached Hereto GENERAL EXCEPTIONS(Standard Coverage Policies only) 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing inprovements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien,or right to a lien, for services,labor,material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. SPECIAL EXCEPTIONS -----THE FOLLOWING EXCEPTIONS AFFECTING PARCELS I THROUGH VII 6. Taxes for the fiscal year 2007-2008,a lien but not yet payable. 7. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. 8. Regulations,including levies,liens,assessments,rights of way,and easements of Tualatin Valley Water District. 9. City liens,if any,of the City of Tigard. 10. Limited access provisions contained in Deed to the State of Oregon,by and through its State Highway Commission,which provides that no right or easement of right of access to,from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded: March 5, 1962 Book: 458 Page: 351 (Affects Parcels I,II,III and IV) 11. Limited access provisions contained in Deed to the State of Oregon,by and through its State Highway Commission,which provides that no right or easement of right of access to,from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded: November 20, 1967 Book: 453 Page: 208 (Affects Parcel V) 12. An easement created by instrument,including terms and provisions thereof; Dated: June 1, 1995 Recorded: June 6, 1995 Recorder's Fee No.: 95038457 In Favor Of: Adjacent property owners For: Storm drainage and sewer lines Affects: The Southerly portion of Parcel V The above document was re-recorded by instrument, 9014711746.rdw Order No.: 444523 Recorded: October 17, 1995 Recorder's Fee No.: 95075218 13. Line of Credit Trust Deed,including the terms and provisions thereof,given to secure an indebtedness with interest thereon and such future advances as may be provided therein; Dated: October 20,2006 Recorded: November 9,2006 Recorder's Fee No.: 2006-133182 Amount: $2,115,000.00 Grantor: Casa Terra LLC,an Oregon Limited Liability Company Trustee: Chicago Title Insurance Company Beneficiary: Community Financial Corporation,an Oregon corporation Loan No.: 300 5113 4 NOTE:Taxes for the fiscal year 2006-2007,paid in full; Amount: $1,569.46,plus interest,including Special Assessment: Metzger Park Levy Code: 023-81 Account No.: R270628 Map No.: 1 S 135AC Tax Lot No.: 04600 (Affects a portion of Parcels I,II,III and IV - This account has been deleted for the 2007-2008 Tax Year) NOTE:Taxes for the fiscal year 2006-2007,paid in full; Amount: $8.68,plus interest unpaid Special Assessment: LID-Metzger Park Levy Code: 023-81 Account No.: R270682 Map No.: 1 S 1 35AC Tax Lot No.: 04700 (Affects a portion of Parcels I,II,III and IV - This account has been deleted for the 2007-2008 Tax Year) NOTE:Taxes for the fiscal year 2006-2007,paid in full; Amount: $3,010.98,plus interest unpaid Special Assessment: Metzger Park Levy Code: 023-81 Account No.: R272109 Map No.: 1 S 135AC Tax Lot No.: 00100 (Affects Parcel V - This account has been deleted for the 2007-2008 Tax Year) NOTE:Taxes for the fiscal year 2006-2007,paid in full; Amount: $1,963.68,plus interest unpaid Special Assessment: Metzger Park Levy Code: 023-81 Account No.: R270655 Map No.: 1 S 135AC Tax Lot No.: 02500 (Affects Parcel VII - This account has merged with those accounts shown next above for the 2007-2008 Tax Year) NOTE: Any transfer of the herein described property is subject to the payment of Washington County Transfer Tax at the rate of$1.00 per$1,000.00 or fraction thereof of stated consideration. 9014711746.rdw Order No.: 444523 NOTE: A copy of the terms and provisions of the Operating Agreement for Casa Terra LLC,a Limited Liability Company should be furnished for our examination prior to closing. Any conveyance or encumbrance of the real property owned by the Limited Liability Company must be executed in accordance with the Operating Agreement or if the Operating Agreement contains no such provisions,a majority of the managers as provided in ORS 63.150. In addition,if there have been any changes in membership from the date of original creation of the Limited Liability Company to the present date,copies of approval of withdrawal and acceptance of the new member should be furnished for our examination. -----------THE FOLLOWING EXCEPTIONS AFFECTING PARCEL VIII 14. Taxes for the fiscal year 2007-2008,a lien but not yet payable. 15. Taxes for the fiscal year 2006-2007,delinquent Amount: $1,863.96,plus interest,including Levy Code: 23.81 Account No.: R270646 Map No.: 1 S 135AC Tax Lot No.: 02600 (Affects Parcel VIII and affects other property also) 16. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. 17. Regulations,including levies,liens,assessments,rights of way,and easements of Tualatin Valley Water District. 18. City liens,if any,of the City of Tigard. 19. Trust Deed,including the terms and provisions thereof,given to secure an indebtedness with interest thereon and such future advances as may be provided therein; Dated: June 14,2006 Recorded: June 19,2006 Recorder's Fee No.: 2006-073218 Amount: $240,000.00 Grantor: George W.Horsley III and Mary A.Horsley Trustee: Firt American Title Insurance Co.of OR Beneficiary: Mortgage Electronic Registration Systems,Inc. Loan No.: 0145196002/MIN: 100010401451960021 (Affects Parcel VIII and affects other property also) 20. Trust Deed,including the terms and provisions thereof,given to secure an indebtedness with interest thereon and such future advances as may be provided therein; Dated: June 14,2006 Recorded: June 19,2006 Recorder's Fee No.: 2006-073219 Amount: $60,000.00 Grantor: George W.Horsley III and Mary A.Horsley Trustee: Firt American Title Insurance Co.of OR Beneficiary: Mortgage Electronic Registration Systems,Inc. Loan No.: 0145196010/MIN: 100010401451960104 (Affects Parcel VIII and affects other property also) END OF REPORT cc: Casa Terra LLC ts/ts 9014711746.rdw Order No.: 444523 August 30,2007 901471 1 746.rdw 1 General Information RECEIVED AUG 1 8 1UU8 Applicant / Owner: Casa Terra, LLC 9200 SW Nimbus Avenue CITY OF i-IGARD Beaverton, OR 97008 PLANE! Y3/.NGINEERING Contact: Jerry Palmer Phone: (503) 452-8003 Representative: Alpha Community Development 9200 SW Nimbus Portland, OR 97008 Contact: Michele Simantel Phone: (503) 452-8003 E-mail: michele.simantel @alphacommunity.com Site Location: 10890 SW 95th Avenue South of Hwy. 217, east of SW 95th Legal: 151 W35AC TL 2500 Site Size: +/- 4.8 acres Land Use Designation: R-12 Request The applicant requests a minor modification to the approved Longstaff (SDR2005-0001 1) plan to replace the approved row house style condominiums buildings with a different building type to include two story apartment buildings. The elevations and floor plans for the proposed buildings are included with this narrative. The new site plan has been designed to place the buildings in as close to the same location as possible to the original approved site plan. The circulation system remains the same as previously approved. The attached site plan submitted with this narrative shows the proposed building locations overlaid upon the approved site plan. The 51-inch Oregon White Oak tree will continue to be retained, with retention of an additional tree in the parking area. As shown on this site plan, the plan includes 43 apartment units, which is the same number of units as approved previously. Both the previously approved condominiums and the proposed apartment units are considered "multi-family dwellings" per the definition, Compliance with the City of Tigard Development Code: 2 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. Response: The revised plan includes 43 multi-family units, which is the same number as previously approved, therefore no increase in dwelling unit density is proposed. The site plan submitted with this application shows the originally approved building footprints behind the proposed footprints. This exhibit demonstrates that the proposal does not propose in increase in lot coverage from the original approval. 2. A change in the ratio or number of different types of dwelling units. Response: The original approval included 43 multi-family condominium units. The proposal includes 43 multi-family units which could be sold as condominiums or rented as apartment units. The approved and proposed dwelling units fall under the "multi-family" definition in the City of Tigard Development Code, therefore there is no 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. Response: The proposed change results in a lower parking requirement than the previously approved plan. Below is a parking requirement calculation for the approved plan and the proposed plan. The modified plan requires 61 parking spaces, eight less than the 69 spaces required in the approved plan. Approved Plan Proposed Modification 1-bedroom units 0 units 14 units = 17.5 spaces (1 .25/DU) 2-bedroom units 27 units = 40.5 spaces 29 units = 43.5 spaces (1 .5/DU) 3-bedroom units 16 units = 28 spaces 0 units (1 .75/DU) 69 spaces 61 spaces 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. Response: There are no commercial or industrial structures proposed in this plan, therefore this requirement is not applicable. 5. An increase in the height of the building(s) by more than 20%. Response: The original approval included 3-story row house style condominiums. The proposed plan includes 2-story multi-family structures. The height of the buildings is therefore decreasing. 3 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Response: The proposed modification does not alter the access ways or parking areas within the plan. The modified plan proposed changes to the building that will be placed on the site, but no changes to the access ways or parking areas. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. Response: The same number of multi-family dwelling units is proposed as originally approved, therefore there will be no increase in vehicular traffic as a result of this modification. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. Response: The proposed use is residential; therefore this standard 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 this code or reduces the open space area by more than ten percent. Response: The site plan submitted with this application shows the proposed site plan overlaid on the originally approved plan. This exhibit shows that the building footprint for the new building is smaller than the original row house plan, creating additional open space. There is also one large row home building that is being replaced with a small 3-car garage unit, creating additional open space. The site plan demonstrates that there is more open space in the modified plan than originally approved. 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 proposed site plan does not reduce any of project amenities. The proposed modification replaces the originally approved row homes with a 2-story multi-family flat building. The plan allows for additional landscape area, as the building footprints are smaller than originally approved, therefore no reduction in project amenities are proposed. 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: There are no modifications required to the existing conditions of approval. The applicant will continue to meet or pursue meeting the conditions of approval issued for the original application, SDR2005-00011. Conclusion: This narrative demonstrates compliance with the review criteria for a minor modification; therefore the applicant respectfully requests approval of this application.