The URL can be used to link to this page

MMD2007-00008 MMD2007 00008 TIGARD TOWNE SQUARE • * City of Tigard, Oregon 13125 SW Hall Blvd. • Tigaru, OR 97223 April 20,2007 III Ethan Edwards Baysin er Partners T I G A R D 1006 SE Grand Ave,Suite 300 Portland, OR 97214 I RE: Minor Modification Request, Case File No. MMD2007-00008 Dear Mr.Edwards: This letter is in response to your letter to the City, dated March 19, 2007, requesting a minor modification to the T and Towne Square site development approval (SDR2004-00013) located at 16240 SW Pacific Highway, 2S1 15BA,Tax Lots 02500 and 02600. 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 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. This application is a request to modify the previous approved Site Development Review SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and,therefore,does not apply. 2. A change in the ratio or number of different types of dwelling nits. This application is a request to modify the previous approved Site Development Review (SDR2004-00013)by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and,therefore,does not apply. 3. A change that requires additional on-site parking in accordance with Cha ter 18.765. This application is a request to modify the previous approved Site Development Review SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Although this modification application proposes additional parking, it is not required. The previous approval provided 865 parking spaces and this modification proposed 867 parking spaces. The minimum parking required for this site is 841 and the maximum is 1,138 parking spaces. Therefore, the proposed modification does not require additional on-site parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. This application is a request to modify the previous approved Site Development Review (SDR2004-00013 by eliminating the 1,400 square foot "Phase-II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore,this proposal does not involve a change in the type of commercial structure. 5. An increase in the height of the building(s) by more than 20 percent. The parapet height of the approved building is 19 feet.The proposed parapet height is 21 feet,or a change of 10%. Page 1of3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off site traffic would be affected.-The applicant does not propose to change the type or location of any access ways. However,the applicant does propose to replace a previously approved drive through restaurant with a 12-space parking area. The additional spaces would increase parking availability but would not affect off-site traffic on Hwy 99W. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore, the traffic to and from the site would be expected to decrease from that which was previously approved. 8. An increase in the floor areas roposed for a non-residential use by more than ten percent excluding expansions under 5000 square feet. This application is a request to modify the previous approved Site Development Review (SDR2004-00013)by eliminating the 1,400 square foot Phase II New Retail" with dnve through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The previously approve total floor area is 193,919 square feet and this modification would reduce the total floor area to 192,284 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 the code or reduces the open space areas by more than ten percent. This application is a request to modify the previous approved Site Development Review(SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces.No reduction in open space is proposed. 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. This application is a request to modify the previous approved Site Development Review (SDR2004-0003) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. This modification includes an increase of landscaping area from the previously approved amount of 142,417 square feet (16.38%) to 146,396 (16.83%). 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 has proposed to eliminate Conditions of approval 3 and 5 and to modify Condition 6. These conditions of approval relate to drive aisle stacking length, reconstruction of a trash enclosure, and provision of bicycle parking for the approved 1,400 square foot Phase II Retail Building. Any modification to these conditions would require a new Site Development Review. However, the proposed eliminations and change to the identified conditions are unnecessary with the statement p ent that the applicant does not intend to build the 1,400 square foot Phase II Retail Building. It follows that the applicable conditions would simply not be expected to be met. This request is determined to be a minor modification to an existing site. 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 injurious 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: 1. Provide water quality treatment for new parking lot area. Provide plans and calculations to the Engineering Department for review and approval prior to issuance of site permit. 2. The provisions of the March 6, 2007 Tree Preservation Plan, submitted with the Minor Modification Application,shall be implemented under the existing conditions of approval contained in SDR2004-00013 for tree preservation. April 19,2007 2 Minor Modification Request,MMD2007-00008 • THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have any questions,please feel free to call me at 503-639-4171 ext.2434. Sincerely, frIf.Z.L., Gary Pagenstecher Associate Planner c: SDR2004-00013 Land use file April 19,2007 3 Minor Modification Request,MMD2007-00008 / p ;$ø# `��y , Ro BBB® g g In B I GEOGRAPHIC INFORMATION SYSTEi 114* ' oij- #f* A ri � . BBBB BBB e VICINITY MAP o now* #4 S'‘ 4 •�:�♦ `��• ' *4 ' MMD2007-00008 .♦� ;�� '�� ♦ ♦♦� B e TIGARD TOWNE �� #* ■ y •ti,,,,< SQUARE Irt t ',, • • BBB,,, 1�m im1 4 �� BBBB°o 1111 Ili # V BBBB In 11111 In ryAyF BB BBBB ID inll km A in Aill 1„ e� B� ' LEGEND:L Ihm id III ! ;. su Cr Pi III J z , sIiE ♦,1G= III j W In , co , In EKING JAMES PL A11111:111111r14 I 1„ NI BEEF BEND RO t 6 R Z R, P I�� ..�. � Il 4 •, '. , ■ i"" Tigard Area Map • I *��44 N 0 100 200 300 400 500 Feet __■•. .. rP, otd _ si . .� �,m r , . .► �' „GAR. �g Iu. . .- .......g SW KING RICHARD DR m � � Information on this map is for general location only and III',,ioit mini,i` I should a verified with the Development Services Division. 13125 SW Hall Blvd FISCHER RD Tigard,OR 97223 a.�— \ „"I"""'� (503)6394171 1 I � lI http:Nwww.ci.tigaM.r.us Community Development Plot date:Mar 30,2007;C:\magic\MAGIC03.APR 101-4 NY1d 1N3Wd013A30 3115 ammo N • ems LAaml, 1141 I31•111/Oral z m------� m •■INIM ImTaimOr: nrmminnEwn rm rim rmabra-7∎�-r_ r^=aa•t_rw∎ rt^TO�t•� WI=MI tva MEW a!n NM=R7SIMrar:f1=r^r-- Qnrn flaaart_iif®®®iii n �.._:. ar7•m norm=earn•rmaarrmr-rn r�a��:. rte• ar-t•!rnaaarr�aarlrrar-nwrrraary n,n WSW-/••NIMI Aran.-71,i.w11i •aw e.•w maael•acfw a Lrwl aa/laal arl fl•AI 'aan mwaaart -/•a lulw NM La rwv mi NVId 315 14161• ip. i l l • r sNE' 1V y .-..-. 006 A .10010.11 1 •.aaa S ip. • 0 Q OW MIL 0 W rrrm ran f.nl.AVM VBSIISZ 1117M 80J NV1d 101 XVI • ARM 015 L3l..___... i FINAL APPROVAL GI?Y Of• TIGAJ-e P1 ANNIh►Q DI'Vt$»AJ B. 6-6/4-) DATE 2S115BA-02600 SN PROPERTIES PARTNERSHIP 1121 SW SALMON ST PORTLAND, OR 97205 2S115BA-02500 SN PROPERTIES PARTNERSHIP 1121 SW SALMON ST PORTLAND, OR 97205 PT .ANNING SECRETARY MATERIALS AFFIDAVIT OF MAILING Ey! 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 Tigard,Washington County,Oregon and that I served the following: (Ch k:1Fyn}xvn Nis RW,W © NOTICE OF DECISION FOR MMD2007-00008/TIGARD TOWNE SQUARE (File No./Name 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 April 20,2007,and deposited in the United States Mail on April 20,2007,postage prepaid. ii-k6C) _9 (Pelson that Prepare)otice STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the rik. day of C ,2007. y, t OFFICIAL SEAL •) i�+, Y' ^ NOTARY EPUBLIC-OREGON ( 1 `'i'� COMMISSION NO.373021 ()) MY COMMISSION EXPIRES SEPT.25,2007 r ' ) NOTARY P LIC • O GON My Commission Expires: ?/.. ..S/C) EXHIBITA City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga7,,, OR 97223 April 20,2007 IR . . Ethan Edwards Baysin er Partners T I G A R D 1006 SE Grand Ave, Suite 300 Portland, OR 97214 RE:Minor Modification Request, Case File No. MMD2007-00008 Dear Mr. Edwards: This letter is in response to your letter to the City, dated March 19, 2007, requesting a minor modification to the Ti and Towne Square site development approval (SDR2004-00013) located at 16240 SW Pacific Highway, 2S1 15BA,Tax Lots 02500 and 02600. 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 develo_ppment. This application is a request to modify the previous approved Site Development Review(SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and,therefore,does not apply. 2. A change in the ratio or number of different types of dwelling nits. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase If New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and,therefore,does not apply. 3. A change that requires additional on-site parking in accordance with Cha ter 18.765. This application is a request to modify the previous approved Site Development Review(pSDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and repplace it with 12 parking spaces. Although this modification application proposes additional parking, it is not required. the previous approval provided 865 parking spaces and this modification proposed 867 parking spaces. The minimum parking required for this site is 841 and the maximum is 1,138 parking spaces. Therefore, the proposed modification does not require additional on-site parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Buildin Code. This application is a request to modify the previous approved Site Development Review (SDR2004-00013 by eliminating the 1,400 square foot "Phase TI New Retail" with drive through bbuilding located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore,this proposal does not involve a change in the type of commercial structure. 5. An increase in the height of the building(s) by more than 20 percent. The parapet height of the approved building is 19 feet.The proposed parapet height is 21 feet,or a change of 10%. Page 1of3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected.—The applicant does not propose to change the type or location of any access ways. However,the applicant does propose to replace a previously approved dnve through restaurant with a 12-space parking area. The additional spaces would increase parking availability but would not affect off-site traffic on Hwy 99W. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore, the traffic to and from the site would be expected to decrease from that which was previously approved. 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. This application is a recuest to modify the previous approved Site Development Review (SDR2004-00013) by eliminating tae 1,400 square foot Phase II New Retail" with dnve through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The previously approve total floor area is 193,919 square feet and this modification would reduce the total floor area to 192,284 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 the code or reduces the open space areas by more than ten percent. This application is a request to modify the previous approved Site Development Review(SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces.No reduction in open space is proposed. 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. This application is a request to modify the previous approved Site Development Review (SDR2004-0003) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. This modification includes an increase of landscaping area from the previously approved amount of 142,417 square feet (16.38%) to 146,396 (16.83%1. 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 has proposed to eliminate Conditions of approval 3 and 5 and to modify Condition 6. These conditions of approval relate to drive aisle stacking length, reconstruction of a trash enclosure, and provision of bicycle parking for the approved 1,400 square foot Phase II Retail Building. Any modification to these conditions would require a new Site Development Review. However, the proposed eliminations and change to the identified conditions are unnecessary with the statement p ent that the applicant does not intend to build the 1,400 square foot Phase II Retail Building. It follows that the apphcable conditions would simply not be expected to be met. This request is determined to be a minor modification to an existing site. 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 injurious 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: 1. Provide water quality treatment for new parking lot area. Provide plans and calculations to the Engineering Department for review and approval pnor to issuance of site permit. 2. The provisions of the March 6, 2007 Tree Preservation Plan, submitted with the Minor Modification Application,shall be implemented under the existing conditions of approval contained in SDR2004-00013 for tree preservation. April 19,2007 2 Minor Modification Request,MMD2007-00008 THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have any questions,please feel free to call me at 503-639-4171 ext.2434. Sincerely, 211"-)4(Lrr Gary Pagenstecher Associate Planner c: SDR2004-00013 Land use file April 19,2007 3 Minor Modification Request,MMD2007-00008 / 11 = 100- • ,s4., 4 ' rr ,,y BBB a IB BI CITY of TIGARD BBB 1 Y, p V ' .—� GEOGRAPHIC INFORMATION SYSTEM,,,� :� �♦ '�� BBBB B BB e VICINITY MAP M ♦ , - ,,�.L..1.. �I♦�♦ ��♦♦ '�� BBB r-. I��♦��,Q� ' � �� B B MMD2007-00008 RI I.♦ • * ♦ ♦ 3 8 B o TIGARD TOWNE �4�� '�� ♦�� . o �y%y < SQUARE Iii III 4 .1 i BBBB°O0 1„ „1 .'' , BBBB °r po rygiF BB BBBB BB'„ ��,1 1„ �MRO BB Ilk° BB III 1 111 - B� B� - LEGEND: 111 ho ii % W SUBJECT' 1111111 — B� B� s �� SITE ___,rota an IIII - 1 0 W I . '91 _ � ,.q� ��1 : q KING JAMES 9 , f Jar ."•- ..11 oftrr . 1 iir 1 1.4.1. .AN. -, - • tif #01.1.1 . 4 "-ey . _____----- ii... 1 o* 4.-* .4 6 1 - - )-' A ', '' 0 100 200 300 400 500 Feet Prirj :,, *2,' 11 1'= 91 feet i! Uk #4■ Iv 14 . r Ir gum= MIMI�: I%Ii�Z TIGARD - -. ■HILT••• Information on this ma is for rat location onl and KINRICHARD ru p ' Y r):1 should be verified wi3 IheSDevHlopB dnt Services Division. 11111111111111161.11 FISCHER RD Tigard.OR 97223 .r T if ""L 1 \ „ ""�v (503)6394171 l http:Ihvww.cl.tigard.or.us Community Development Plot date:Mar 30,2007;C:\magic\MAGIC03.APR 1 NO4 SI Ala MINT 1'1 d atiNt U. O All 0 1VADAddY 1VNIA !.............. • • , Z. W. DURHAM RD. (CO. RD. NO, 4291 i. ;. . 4747: h , 87 I.LOT 40400 144 LOY IMO .. BAYS,GU 1074.IOU 31K1 K MM.MU.447 AC 1 . .____. .________ ,---i k-a PART r,F RS –.1 --1 g klii vuLtirsr2 At I 11=1111 ILI.. .1.. 17rwi 7 c P P ........ •—friiy ,„„.„.,,,„ _, 1 . 1 1 BANK 'M''' '. 1:—---.---•— —.—. 11,9BA I . al . _ ill] & A L4.1 a 8 1...■= E 1 11 Oe I 1 1.11 5 1§ 111111111 el p.I I . ee -0 L1. ..1111 lillimirliTt ( I P Pil 11 i L:L 611 NOM TAX LOT PLAN FOR /i di 1 : 1 i I c-iv • ED 110 NCTM 2SH513A / ' Till , L tfig w I # I • 0 MM. .. .._.--- I i ui • • I ■-, I.""- 1St CULAM• • • • . nitj • 1, • 01.:Li• • r Lel E., 4 1 .. , >. ›. A II AI .____e_.._ ___1, ..„.1 ..91.4....,.. _MI% 0 • 111/ III • •tell I 4 ± =LA, 4 A' MN , Let A lel :• ....,,,, / t„.,. .., • , •z- /A. la it, g - r .1140. . *to...I ' $11■ s1.4.;&14 • \el. A l•PARI 1 - Brif IT mu, . * • it I 1 ea. I 1 [ --. 1 -1 'a i m.... ..ti--... JC04KM I ' 1. 4 aw . , ...., o N .a . 0=WTI,:VM•a 1l1 l 144. r tA!B,r liVV O •, m L4 i 4 -) .4....4....4.4.4. r—a:r.7._c:74........•... 4 I 41 ,l9 • NMI e ffi si I Mi E:47.za-7411-7-_-.v1 .....% 1. i . Y _:• ....., ma,v./-. ra.....-.--......S"÷: !//f tat. ( LAMOMA•M. :MAO;tf•MOMS ISSUED/MED DAR . r■n.si•it/ . ... ...L.. YAM NA. I . MIA.C■ • ' .4,/ ,Ck . , A I rain 1 p In214 0,•/-10704 . 1224.141:131L r a 11•11111111■=1;:=1:■=. . ,... "-,• gd,,,, • /, I II . . IIIIIIWAIIIIIIVIIRIMIIIPI COMML06111014 ams /*/ / b , 01•1111 Or W - ‘• ii his TUESAWIORNINQ Al," LIZMA•M•MIMEL...71•4/0•14111.1LIML.LIMILM441•11.M..1111ML.M ' 6/ • / S ,..ij MOM Z.=--1..."-- .1L.=.1.M1141-104.1-alL1,111•11.1•UULIIIMMI SITE DEVELOPMENT ITEESMIOMMITIIPIEMCIIIIIIIIPPIIIM .717.-.■•••••.111AMIROMLL..•LIJ•illitl■J=111.MLLII•litM PLAN 7.. ' ..... / t, ■ 1. 2; It?, I 1.---" V MIL...■•••=0J-1.0.1.MRLA=.=IIMAJMILLAINILMI •■•■MBIL.....,■1101014•IMMI•■=...1•1•1•111MMEMM....• . .....i.. ..17 •MILL..M.8=4.11-4M.•411.2=1••••IMIN•46111=11404/LLMULIAMLI• .W. II -L.Z.•■•..:I-1■1■■■•..1.•■IIIIMIIIIEE■=MEM • -..- W SIM =■■■••••••••••••C•M■M•CLEMMINNOS•13. 4 441avt7 A-101 --:::-.2:=11=1111■■•■=11E1M • --,--,.,.==:-.=.=-_-=---------- ''".... 1■11■••111■■M-M . , . • EXHIBIT(6 Ethan Edwards Baysinger Partners MMD2007-00008 1006 SE Grand Ave, Suite 300 TIGARD TOWNE SQUARE Portland,OR 97214 SN Properties Partnership 1121 SW Salmon Street Portland, OR 97205 MINOR MODIFICATION TYPE I APPLICATION RECEIVED City of Tigard Pemit Center 13125 SW Hall Blul, Tigtrc4 OR 97223 MAR 1 9 2007 Phi 503.639.4171 Fax:503.598.1960 CITY OF TIGARD GENERAL INFORMATION PLANNING/ENGINEERING Propel�a2= rty,,Address/Location(s): I f2Sc� 5.14. 1O►Cl F IC N W Y, 714t42-0 A24, O t2 FOR STAFF USE ONLY Tax Map&Tax Lot fl(s): ZSI j513Pt 7NY I'° 2--S0O, 600� Case No.(s): M MD�oU 7 -Oo00 Site Size: Other Case No.(s): Applicant*: 6AYSiNG62 PARrN , ETo+,NV EDt,"flos Receipt No.: . vo - II qt3 Address: ►MG s6 6QAND At.E . 5 V►r6 3ot7 Application Accepted By C . C'cc� goy/ City/State: PGtLTt. ,U K Zip: g72_l Sf Date: 3 - 19-D 7 Primary Contact: ETHAN EDt.Ackf,75 / T ENNI N IGvS Phone:SOS- /6-1600 Fax: 503-SS16-/60? Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: Rev.7/5/06 t P ES � 94.14 by K ' c\cucpin\ma stesVand use applicariont\minor modification app.doc Address: 5 J s w G'n+ A GE Phone:5D3-Zq2-- RoO City/State: PCILTLANa n1L Zip: 97 2.)014 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 Er-Application Form The owners of record of the subject property request permission for a Minor 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 Er 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 Er. 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 2- Site/Plot Plan(reduced 8'/2"x 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 18360.050(B) 1. An Increase in dwelling unit density or lot coverage for residential development. [ Filing Fee $562.00 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 Clear 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. 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 anysuch 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 30th day of January ,20 07 / 1 _ ■0%ice Owner's Si:..ture / Owner's Signature J. Ran. Kyte S •nior Vice President Direc nor of riev-lopment Owner's Signature Owner's Signature kill HARSCH INVESTMENT PROPERTIES RECEIVED PLANNING APR 2 3 2007 CITY OF TIGARD April 19, 2007 Gary Pagenstecher City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: SDR 2004-00013 Tigard Towne Square Retail Expansion Dear Mr. Pagenstecher: This letter is to inform you that SN Investment Properties, LLC, the deed holder of record, authorizes Harsch Investment Properties to proceed with the necessary land use applications that relate to Tigard Towne Square. If you have any questions, please contact me at 503.242.2900. Sincerely, J andy yt- / r. V.P. Development 851 S.W.6th Ave.,Suite 1300•Portland,OR 97204•Telephone(503) 242-2900•Fax(503)223-3152•www.harsch.com 04/19/2007 22: 44 FAX 5032233152 HARSCH PDX DEVELOPMENT Z001/002 HARSCH INVESTMENT PROPERTIES LLC FAX Date: 210 To: Z y z /VcS7-ic( g From; I . ‘m) Fax�C� G /T Pages: Original NOT Sent Original SENT by US Mail Original SENT by overnight delivery .■m This transmission is Intended only for the person(s) addressed above. and may contain confidential or privileged information. If you have received this message In error, please telephone Immediately. Any use, disclosure, copying or communication of Its content Is prohibited, Your understanding and compliance Is appreciated. 851 SW Sixth Avenue • Suite 1300 • Portland, OR 97204 • Phone 503-242-2900 • Fax 503-223-3152 04/19/2007 22: 44 FAX 5032233152 HARSCH PDX DEVELOPMEHT a 002/002 trj HARSCH INVESTMENT PROPERTIES April 19, 2007 Gary Pagenstecher City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: SDR 2004-00013 Tigard Towne Square Retail Expansion Dear Mr. Pagenstecher: This letter is to inform you that SN investment Properties, LLC,the deed holder of record, authorizes Harsch Investment Properties to proceed with the necessary land use applications that relate to Tigard Towne Square. If you have any questions, please contact me at 503.242.2900. Sincerely, J andy . yt• r. V.'. Development 851 S.W.6th Ave.,Suite 1300•Portland,OR 97204•Telephone(503) 242.2900•Fax(503)223-3152•www.harsch.com CITY OF TIGARD 3/19/2007 M 13125 SW Hall Blvd. 3:02:59PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000001193 Date: 03/19/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2007-00008 [LANDUS]Minor Modification 100-0000-438000 490.00 MMD2007-00008 [LRPF]LR Planning Surcharge 100-0000-438050 72.00 Line Item Total: $562.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check SN INVESTMENT PROPERTIES, CAC 26010663 In Person 562.00 LLC Payment Total: $562.00 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER 9 Disbursement Account f °� U.S.Bank of Oregon 260�0663 x PA. Box 2708 Main Branch oi clj Portland,Oregon 97208 Portland,OR 97208 e (503)242-2900 IT; to , 123-000-220 Ia c **** FIVE HUNDRED SIXTY TWO AND 00/100 DOLLARS A. TO THE Void After 6 Months • ORDER OF 01/31/07 $562 . 00***** :d I x City of Tigard t- Attn: Bus . Tax Dept . 1 i m 13125 S .W. Hall Blvd. m cReceipt.rpl 5 Tigard, OR 97223 ,/-1 .-- - -U� 3 rr HARSCH INVESTMENT PROPERTIES LLC Facsimile Transmission Date: September 16, 2002 To: Bob bias From: Mary Ann Kolen (503) 973-0248 Company: STOAJEKA No. of Pages: (including cover page) Fax number: (503) 644-6567 Time: 3:38 PM Original will not be sent [ I Original sent by US Mail f Original sent by overnight delivery RE: Tigard Towne Square • Here is a copy of the Special Warranty Deed used to transfer title to the center to SN Properties. Oh—please be advised that the ownership entity has changed to SN Investment Properties, LLC. (This transmission is intended only for the person(s) addressed above, and may contain confidential or privileged information. If you have received this message in error, please telephone immediately. Any use, disclosure, copying or communication of its content is prohibited. Your understanding and compliance is appreciated) 1121 SW Salmon Street • Portland, OR 97205 • Phone: 503-242-2900 • Fax: 503-274-2093 , • SPECIAL WARRANTY DEED GRANTOR'S NAME AND ADDRESS: BIT Holdings Twelve, Inc. Attention: Mr. David C. Schenning Vice President Two Hopkins Plaza, Suite 804 - Baltimore, Maryland 2120) GRANTEE'S NAME AND ADDRESS: SN Properties Partnership Attention: Mr. Edward P. Burst . ' Senior Vice President, Acquisitions 1 121 SW Salmon Street . • Portland, Oregon 97205 _ a�,,11 pp �::, 11 Cr:Il ii.:1 . After recordinz, return to: T HIO DOCUMENT IS A TRUE COPY OF •;"ri ORIGIN'L IN F LC F•RCE AND EFFECT Fil.. :1. SN Properties Partnership IN . Lealb. t COUNTY, Attention: Mr. Edward P. Borst UNDER FEE# v' .. , C Senior Vice President, Acquisitions .`� ' DATE . 1121 SW Salmon Street Portland,'Oregon 97205 ..K.... „�, ! . ;;r::: r IY.;!,_ `r,.,.. ,. ._h: •r.. Until requested otherwise, scud all tax statements to: ' SN Properties Partnership • • Attention: Mr. Ted Malaska, • Vice President,Taxation 1121 SW Salmon Street • Portland, Oregon 97205 1 r : SPECIAL WARANTY DEED—STATUTORY FORM 1 - (CORPORATE GRANTOR) • BIT HOLDINGS TWELVE, INC., a corporation duly organized and existing • 1 under the laws of the State of Maryland, Grantor, conveys and specially warrants to SN PROPERTIES PARTNERSHIP, an Oregon general partnership, Grantee, the real . property described on Rider 1 attached hereto, free of encumbrances created or suffered • by Grantor, except as set forth on Rider 2 attached hereto, situated in Washington County, Oregon. . _ • The property is free of all encumbrances created or suffered by•Grantor, except as set forth on Rider 2 attached hereto. • . The true consideration paid for this conveyance is an amount equal to Thirteen Million One Hundred Seventy-Five Thocisand Dollars ($13,175,000).** **Which is paid by a Qualified Intermediary as part of an IRS Section • 1031 deferred exchange. h Done by order of lntor's board of directors with its -"rporate seal, if any, affixed on October 2(i, 20C_ • THIS INSTRUMENT WILL NOT ALLOW BIT HOLDINGS TWELVE, INC. USE OP THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND By: �� • Vice President REGULATIONS. BEFORE SIGNING OR David chenning ACCEPTING THIS INSTRUMENT, THE PERSON QCQUIRING FEE TITLE TO THE X PROPERTY SHOULD CHECK WITH THE ,APPROPRIATE CITY OR COUNTY B r�a!� �� : �� ,ft `' PLANNING DEPARTMENT TO VERIFY APPROVI,D USES ANI) TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN OREGON 30.930. STATE OF MARYLAND, CITY OF BALTIMORE) ss. • • This instrument was acknowledged before me on October 26, 2000 by David C. Schenning, as vice president of BIT Holdings Twelve, Inc. Notary Public • • 1fSI1EE JOI 50N My commission expires: i a" O-O° WOTANPUDIJC STATE OFMArYMAio • MY COMMISSION CU'II;ES ABU 12, • • • • 2 nA3:1 541%)(,6.3 12I1)E121 TO DEED LEGAL DESCRIPTION PARCEL 1: Parcels 1 and 2, PARTITION PLAT NO. 1994-028, in the City of Tigard, County of Washington and State of Oregon; EXCEPTING THEREFROM that portion of Parcel 2 conveyed to Albertsons, Inc., by Deed recorded July 9, 1999 as Recorder's Fee No. 99082159 and described as follows: Beginning at the Southwest corner of said Parcel 2, PARTITION PLAT NO. 1994-028;' thence along the Westerly line of said Parcel 2 North 00° 02' 39" West, 144.43 feet; thence South 89° 57' 21" West, 7.00 fect;.thence North 00° 02' 39" West, 345.83 feet; thence North 89° 57' 21" East, 44.30 feet; thence leaving said Westerly line South 00° 02' 39" East, 345.85 feet; thence North 89° 57' 21" East, 7.00 feet; thence South 00° 02' 39" East, 144.46 •feet to the Southerly line of said Parcel 2; thence along said Southerly line North 89° 58' 42" West, 44.30 feet to the point of beginning. • PARCEL 2: That portion of the Northwest quarter of Section 15, Township 2 South: Range I West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: . , Beginning at a point on the East line of the Northwest quarter of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and Slate of Oregon, which point bears South 00°08' 50" East 645.17 feet from the quarter corner on the ' . North line of said Section; thence South 00° 08' 50" East along the East line of the• Northwestquarter of said section, a distance of 383.17 feet to a point which is 20.00 feet North 00° 08' 50" West from the Southeast corner of that tract of land conveyed to Mountain Park Health Care Facilities, Inc. by Real Estate Contract recorded in Book 1 121 page 125, . Decd Records for Washington County, Oregon; thence South 88° 19' 48" West 650.21 feet to an iron.rod on the Easterly right of way line of SW Pacific Highway and marking the • Southwest corner of said Mountain Park Health Care Facilities Tract; thence Northeasterly along said light of way line on the arc of a 3769,72 foot radius curve.to the right (the chord of which bears North 14° 35' 31" East 400.72 feet) a distance of 400.91 feet to an iron rod opposite Engineers Station Ln 212+45.73 P.S.C.; thence Northeasterly continuing along said • right of way line on the arc of a spiral curve to the right (the chord of which bears North 17° , • 46' 13" East 1.13 feet) a distance of 1.13 feet to a point on the South line of that tract of land conveyed to Herbert W. Dayson and Betty Jean Dayson by deed recorded in Book 479 page 136, Deed Records of Washington County, Oregon; thence North 89° 50' 18" West along said South line, a distance of 10.49 feet to a point marking an angle point in said I-Iighway right of way line; thence Northeasterly along said right of way line on the arc of a 3779.72 foot radius curve to the right (the chord of which bears North 17° 37' 24" East 2.02 feet) a distance of 2.02 feet to a point opposite Engineers Station Ln 212+45.73 P.S.C.; thence Northeasterly along said right of way line on the arc of a spiral curve to the right (the chord of which bears North 19° 31' 45" East 372.85 feet) a distance of 372.89 feet to an iron rod Opposite Engineers Station Ln 208+70,73 P.S.; thence North 20° 34' 58" East continuing • • IIA:13,19 ( 3 • 4 ' . along said right of way lip- distance of 362.67 feet to an iron rr-1; thence North 65° 27' • 40" East 28. 16 feet to an i rod on the Southerly right of way o c relocated portion of Durham Road; thence South 69° 30' 00" East along the Southerly right of way line of said Durham Road, a distance of 135.49 feet; thence South 00° 02' 39" East 362.38 feet; thence North 89° 57' 21" East 29.18 feet; thence South 00° 02' 39" East 137.33 feet; thence South 89° 57' 21" West 7.00 feet; thence South 00° 02' 39" East I44.12 feet; thence South 89° 58' 42" East 130.18 feet to the point of beginning; EXCEPTING THEREFROM that portion thereof conveyed to System Capital Real ' Property Corporation'by Deed recorded May 17, 1999 as Recorder's Fee No. 99059949 and described as follows: . Beginning at a point that'is South 0° 08' 50" East, 59.00 feet along the East line of the • Northwest one-quarter of said Section 15, and North 89° 55' 20" West, 179.96 feet from the North one-quarter corner of said Section 15; thence South 0° 04' 40" West, 200.00 'feet; thence North 89° 55' 20" West, 200.00 feet; thence North 0° 04' 40" East, 89.97 feet to a point on the Easterly right-of-way line of S.W. Pacific Highway; thence along said Easterly right-of-way, North 20° 34' 58" East, 117.47 feet; thence South 89° 55' 20" East, 158,.85 feet to the point of beginning. PARCEL 3: Beginning at the Southwest corner of Parcel III as described in a Real Estate Contract to William Brownson II and Judith M. Brownson, recorded September 16, 1980, as Recorder's Fee No. 80032465, which point bears South 00° 08' 50" East 695.17 feet from the one-quarter corner on the North line of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the County of-Washington and State of Oregon; thence North 00° 08' 50" West along the East line•of the Northwest one-quarter of said Section 15, a distance of 50.00 feet; thence South 89° 58' 42" East parallel with the South line of said • Brownsen tract, 629.86 feet to a point on the West line of S.W. 113th Avenue; thence South 00° 09' 02" East along the West line of said street, 50.00 feet to a point on the South line of said Brownson tract; thence North 890 58'42" West along said South line, a distance of 629.86 feet to [he point of beginning. : • PARCEL 4: An easement for parking, ingress:and egress, over the land described therein pursuant to the terms and provisions thereof as granted in that certain Declaration of Restri6tions and Grant of Easements recorded June 12, 1987 as Recorder's Fee No. • 870301 00, as amended by instrument recorded July 9, 1999 as Fee No. 99082160, Records • • of Washington County, Oregon. • 4 • • R3:DGR 2' TO DEEID 1. Access Restrictions, including the terms and provisions thereof, contained in Deed, To: State of Oregon, by and through its State Highway Commission Recorded: May 10, 1952 Book: 332 Page: 387, as amended by instrument recorded February 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 2. Access Restrictions, including the terms and provisions thereof, contained in Deed, To: State of Oregon, by and through its State Highway Commission Recorded.: June 24, 1952 • Book: 334 Page: 98, as amended by instrtunent recorded June 26, 1972 in Book 874, Page 100 and further amended by instrument recorded February 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 3. Faseinent(s) as created in instrument, including the terms and provisions thereof, To! adjacent property owners Recorded: October 28, 1963 • Book: 499 Page: 220 • Records of Washington County, Oregon. For: roadway purposes 4. Easements) as created in instrument, including the terms and provisions thereof, To: Portland General Electric Company, an Oregon corporation 'Bated: November 1, 1972 • Recorded: October 28, 1963 • Book:, 910 Page: 221. • Records of Washington County, Oregon. - • For: power lines • • S• Easement(s) as created in instnunent, including the terms and provisions thereof, To; Tualatin-Franklin, a joint venture of Tualatin Development Co., Inc., an Oregon corporation and Franklin Service Corporation, an Oregon corporation Dated: August 29, 1974 Recorded; September 30, 1974 Book: • 990 Page: 944 • • Records of Washington County, Oregon. • • •For: • sewer pressure line 6. Easements for existing public utilities in vacated street area and the conditions imposed thereby. Ordinance No.: 75 29 • . 7. Easement(s) as created in instrument, including the terms and provisions thereof, To: City of Tigard Recorded; June 12, 1987 Fee: 87030098, re-recorded October 14, 1987, Fee No. 87052056 Records of Washington County; Oregon. For: sanitary sewer • 8. Declaration of Restrictions and Grant of Easements, including the terms and provisions thereof, By and Between: Westwood Corporation: an Oregon corporation and Albertson's Inc., a Delaware corporation Dated: June 8, 1987 Accorded: June 12, 1987 Fee No,: 87030100, as amended by instrument recorded July 9, 1999 as Fee No, 99082160 9. Common Area Maintenance Agreement, including the terms and provisions thereof, '• . Between: • Westwood-Corporation, an Oregon corporation; and Albertson's Inc., a' ' , Delaware corporation Dated: June 8, 1987 Recorded: June 12, 1987 Fee: 87030101, as amended by instrument recorded July 9, 1999 as Fee No. • 99082161 Records of Washington County, Oregon, 10. Ca,seinent(s) as created in instrument, including the terms and provisions thereof, To: -City of Tigard Recorded: June 12, 1987 • Pee: 87030780, re-recorded October 14, 1987, Fee No. 87052055 Records of Washington County, Oregon. For: , storm drainage 11 . Boundary Line Agreement, including the terms and provisions thereof, B etween: William Wessinger and Frederic Wessinger doing business as W & F Properties and Westwood Corporation, Developers and Contractors, an Oregon corporation Dated: February 10, 1988 • Recorded: February 26, 1988 Fee: , 88--07836 Records of Washington County, Oregon. • • s ' 12. a. Covenant Not To Compete, including the terms and provisions thereof, Between: Westwood Corporation, Developers and Contractors And: McDonalcis Corporation Recorded: December. 8, 1988 Fee: 88-54663 Records of Washington County, Oregon, b, Restrictive Covenant, including the terms and provisions thereof, Executed by: BIT Holdings Twelve, Inc., a Maryland corporation, as successor in interest to Westwood Corporation In favor of; System Capital Real Property Corporation, a Delaware corporation Recorded: May 17, 1999 Fee: 99059950 Records of Washington County, Oregon. 13. Conditions aril Restrictions contained in Memorandum of Lease, including the terms and provisions thereof, Between: Westwood Holding Corporation and Pay Less Drug stores Northwest, Inc. Recorded: April 14, 1989 . • Fee No.: 89-16522 • Records of Washington County, Oregon. 14. Basement, as shown on the recorded Partition Plat No. 1994-28 For: private access easement for Parcel 1, Partition Plat No. 1994-28 0,ecords of Washington County, Oregon, • Affects: a 24 foot wide strip across Parcel 2, Partition.Plat No, 199428 lying adjacent to the South line of Parcel 1, Partition Plat No, 1994-28 and the Easterly extension thereof • 15. Conditions and restrictions, including the terms and provisions thereof, as set forth and as disclosed by Section 6 of Memorandtun of Lease Between: BIT Holding Twelve, Inc., a Maryland corporation and Marshalls of MA, Inc., a Massachusetts corporation Recorded: April 10, 1998 . Fee: 98036774 Records of Washington County, Oregon. • • •♦ 1, A 16. Subject to the rights of party or parties in possession, as ten`nts *only, in accordance with any leases affecting portions of said land for the term and upon the terms, covenants, conditions and provisions therein contained, limited to those leases listed in the Rent Roll delivered by Grantor to Grar:ee concurrently with the Deed. 17. 4u y''rights, interest or claims which may exist or arise by reason of the following facts shown on survey by Clarence E. Barker of said land dated June 19, 1989, last revised May 30, 2000, Job No. 00036, a) Traffic sign post in Northwest corner of Parcel I b) Guy and anchors along Last line of Parcel 1 • • • • f ' • • • • • BAYSINGER PARTNERS RECE1 MZOIEFIT9GI 2007 March 19,2007 CITGARO PLANNIINEERING City of Tigard, Permit Center 13125 SW Hall Boulevard Tigard,Oregon 97223 RE: Minor Modification—Type I Application HA0624: Tigard Towne Square—SW Pacific Highway(99 W),Tigard,Oregon Dear Staff, On behalf of Harsch Investment Properties please find attached information in conformance with the City's submittal requirements for a Minor Modification of the previously approved Site Development Review(SDR) 2004-00013. This proposal is to eliminate following Conditions of Approval: 3) Prior to issuance of a site permit,the application shall submit final construction plans that show either the drive aisle for the drive through redesigned to provide the required stacking length for the corresponding use,or elimination of the drive through;and, 5) Prior to commencing on site improvements,the applicant shall either reconstruct the trash enclosure near Building #1 to comply with the waste hauler's requirements of 10x20 foot dimension,screened by a six foot tall masonry enclosure. Alternatively,the applicant may demonstrate that the criteria of Section 18.755.040 are otherwise met.This shall be included with the final construction documents. In addition,this proposal is to modify Condition #6 to read: 6) Prior to issuance of a site permit,the applicant shall submit final construction plans that show all proposed parking stalls adjacent to walkways to be fitted with wheel stops.Additionally,the plans shall show 3 bicycle parking stall provided for building #2.The plans will need to include a detail that shows the required bicycle rack is designed according to Section 18.765.050.C.of the Tigard Development Code. This modification proposes to eliminate the Phase II drive through building and related drive aisle associated with the previously approved Site Development Review (Condition #3) and replace it with twelve (12) parking spaces and associated landscaping. In Baysinger Partners Architecture PC formerly(5(B Architects P( 1006 SE Grand Ave.,Suite 300 Portland,OR 91214 503.546.1600 503-546.1601 www 8oysingerPartners row addition,we request that the required improvement to the existing trash enclosure(Condition #5) be eliminated because the function of this facility will remain unchanged due to the elimination of the Phase II drive through building.Lastly,we propose to modify Condition #6 to eliminate the bicycle parking requirement for Building #1.This requirement would not be necessary because we are not proposing a drive through building as part of this project. Additionally,the proposed construction of the new building and parking lot located along the western edge of project site will require tree removal.Pursuant to Chapter 18.790,a Tree Plan was prepared to identify impacted trees along with a preservation plan.Sixteen trees are recommended for removal to accommodate the proposed project(see included Tree Inventory and Preservation Plan report by Collier Arbor Care). The modifications proposed will continue to comply with the minimum setback,building height,parking,landscaping,and other site development requirements as originally approved.The proposed Minor Modification of Tigard Towne Square continues to enhance design,pedestrian access and safety,appeal to business patrons,and overall functionality. We trust that this submittal will be to your satisfaction and look forward to your informed response in the near future. Sincerely, BAYSINGER PARTNERS ARCHITECTURE PC c3k1411Igat Jennifer Rinkus Ethan Edwards Project Manager Planning Manager cc: Colleen Duncan,Harsch Investment Properties. File. 2 47' nor Modification Applicant's Statement 1. An increase in dwelling unit density or lot coverage for residential development. Response: This application is a request to modify the previously approved Site Development Review(SDR) 2004-00013 by eliminating the 1,400 square foot"Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 2. A change in the ration or number of different types of dwelling units. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.Although this modification application proposes additional parking,it is not required.The previous approval provided 865 parking spaces and this modification proposes 867 parking spaces.The minimum parking required for this site is 841 and the maximum is 1,138 parking spaces.This criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 5. An increase in the height of the buildings(s) by more than 20%. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.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. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.Although this modification application proposes a change in the parking area,it would not affect off- site traffic.This criterion does not apply. 3 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This proposal will decrease vehicular traffic to and from the site.This criterion does not apply. 8. An increase in the floor area proposed for a non-residential use by more than 10%excluding expansion under 5,000 square feet. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.The previously approved total floor area is 193,919 square feet and this modification would reduce the total floor area to 192,284 square feet.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 this code or reduces the open space area by more than ten percent. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 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: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This modification includes an increase of landscaping area from the previously approved amount of 142,417 square feet(16.38%)to 146,396 square feet(16.83%).This criterion does not apply. 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: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This minor modification application does not propose to modify any Site Development Review conditions of approval that apply to Criteria 1 through 10 above. 4 • BAYSINGER PARTNERS March 19,2007 City of Tigard,Permit Center 13125 SW Hall Boulevard Tigard,Oregon 97223 RE: Minor Modification—Type I Application HA0624: Tigard Towne Square—SW Pacific Highway(99 W),Tigard,Oregon Dear Staff, On behalf of Harsch Investment Properties please find attached information in conformance with the City's submittal requirements for a Minor Modification of the previously approved Site Development Review(SDR)2004-00013. This proposal is to eliminate following Conditions of Approval: 3) Prior to issuance of a site permit,the application shall submit final construction plans that show either the drive aisle for the drive through redesigned to provide the required stacking length for the corresponding use,or elimination of the drive through;and, 5) Prior to commencing on site improvements,the applicant shall either reconstruct the trash enclosure near Building#1 to comply with the waste hauler's requirements of 10x20 foot dimension,screened by a six foot tall masonry enclosure. Alternatively,the applicant may demonstrate that the criteria of Section 18.755.040 are otherwise met.This shall be included with the final construction documents. In addition,this proposal is to modify Condition #6 to read: 6) Prior to issuance of a site permit,the applicant shall submit final construction plans that show all proposed parking stalls adjacent to walkways to be fitted with wheel stops.Additionally,the plans shall show 3 bicycle parking stall provided for building #2.The plans will need to include a detail that shows the required bicycle rack is designed according to Section 18.765.050.C.of the Tigard Development Code. This modification proposes to eliminate the Phase II drive through building and related drive aisle associated with the previously approved Site Development Review(Condition #3)and replace it with twelve(12)parking spaces and associated landscaping.In Baysinger Partners Architecture PC formerly(SO Architects PC /(�LL �` ��e'r-�, e/u 1006 SE Grand Are.,Suite 300 P�p,, `�� ,/� 'AT�-� V( IT `� � Pi 7Portland,OR 91214 �5., �'r'\/1 n-� � Lo -r /C`-=— k • D 503-5461600 �G �A.�Q NG f 503-546-1601 Pcik m5 AMP L �../4 T` l a CN6 /n --- www.BaysingerPortners.tom,�,�I/ D eer9 t-teuT' F l2. IeE�/(eu/ G4-�°(fd�ESVAL OF S e- �° i t addition,we request that the required improvement to the existing trash enclosure(Condition #5)be eliminated because the function of this facility will remain unchanged due to the elimination of the Phase II drive through building. Lastly,we propose to modify Condition #6 to eliminate the bicycle parking requirement for Building #1.This requirement would not be necessary because we are not proposing a drive through building as part of this project. Additionally,the proposed construction of the new building and parking lot located along the western edge of project site will require tree removal. Pursuant to Chapter 18.790,a Tree Plan was prepared to identify impacted trees along with a preservation plan.Sixteen trees are recommended for removal to accommodate the proposed project(see included Tree Inventory and Preservation Plan report by Collier Arbor Care). The modifications proposed will continue to comply with the minimum setback,building height,parking, landscaping,and other site development requirements as originally approved.The proposed Minor Modification of Tigard Towne Square continues to enhance design,pedestrian access and safety,appeal to business patrons,and overall functionality. We trust that this submittal will be to your satisfaction and look forward to your informed response in the near future. Sincerely, BAYSINGER PARTNERS ARCHITECTURE PC Jennifer Rinkus Ethan Edwards Project Manager Planning Manager cc: Colleen Duncan,Harsch Investment Properties. File. • 2 Minor Modification Applicant's Statement 1. An increase in dwelling unit density or lot coverage for residential development. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 2. A change in the ration or number of different types of dwelling units. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.Although this modification application proposes additional parking,it is not required.The previous approval provided 865 parking spaces and this modification proposes 867 parking spaces.The minimum parking required for this site is 841 and the maximum is 1,138 parking spaces.This criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail'with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 5. An increase in the height of the buildings(s) by more than 20%. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail'with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.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. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail'with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.Although this modification application proposes a change in the parking area,it would not affect off- site traffic.This criterion does not apply. 3 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase Ill New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This proposal will decrease vehicular traffic to and from the site.This criterion does not apply. 8. An increase in the floor area proposed for a non-residential use by more than 10%excluding expansion under 5,000 square feet. Response:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot"Phase III New Retail"with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.The previously approved total floor area is 193,919 square feet and this modification would reduce the total floor area to 192,284 square feet.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 this code or reduces the open space area by more than ten percent. Response: This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail'with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This criterion does not apply. 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:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail'with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This modification indudes on increase of landscaping area from the previously approved amount of 142,417 square feet(16.38%)to 146,396 square feet(16.83%).This criterion does not apply. 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:This application is a request to modify the previously approved Site Development Review(SDR)2004-00013 by eliminating the 1,400 square foot'Phase Ill New Retail'with drive through building located at the most southwesterly portion of the site and replace with 12 parking spaces.This minor modification application does not propose to modify any Site Development Review conditions of approval that apply to Criteria 1 through 10 above. 4 RECEIVED �t #f AR 9 200? PLANK N �� AGAR , GA COLLIER ARBOR CARE Environmentally Friendly. . .Since 1937 March 8, 2007 Tree Inventory and Preservation Plan Site: Tigard Town Square 16200 S.W. Pacific Highway, Tigard, OR. Prepared for: Harsch Investment Properties 851 S.W. 6th Avenue #550 Portland, OR. 97204 Prepared by: Wendall P. Wich Certified Arborist #PN1694 COLLIER - ARBOR CARE Harsch Investment Properties Environmentally Friendly...Since 1937 851 S.W. 6 th Ave. #550 11814 SE Jennifer Street, Clackamas,Oregon 97015 Portland, OR. 97204 RE: Tree Preservation Plan for the Tigard Town Square construction site located at 16200 S.W. Pacific Highway, Tigard, OR 97224 ASSIGNMENT I was engaged by Colleen Duncan at Harsch Investment Properties to provide a Tree Preservation Plan and Tree Inventory for proposed new building and parking lot construction located along the western edge of the existing Tigard Town Square site. The City of Tigard Municipal Code chapter 18.790 requires that a Tree Plan be prepared for this site containing the following: • Identification, location and size of trees located within the building site (as defined on the Site Plan map A-101 dated 2-01-07 provided by Baysinger Partners Architecture PC) including those designated as significant by the city. • Preparation of a program to save existing trees or mitigate the removal of trees over 12 inches in diameter. • Identification of all trees which are proposed to be removed. • A protection program defining standards and methods that will be used to protect trees during and after construction as described in City of Tigard Municipal Code Chapter 18.790.030. LIMITATIONS AND ASSUMPTIONS • Development Site Plan map A-101 dated 2-01-07 prepared by Baysinger Partners Architecture PC was used in the preparation of this document. • The City of Tigard's Municipal Code chapter 18.790 Tree Removal will be referenced in this plan when discussing preservation plan requirements and specifications. • Destructive sampling or other invasive techniques were not employed during the gathering of tree data for this report. • Tree inventory and tree preservation specifications can be found in the appendices found in the back of this report. All trees found within the site boundaries as defined on the Development Site map A-101 dated 2-01-07 were inspected and inventoried. Tree preservation recommendations apply to the trees in or immediately adjacent to the areas of proposed construction(along the western side of the Town Square Site) only. • The Tree Plan Requirements states all trees included in the plan to have diameters measured in caliper inches. Trees included in this plan will have diameters measured at 4.5 feet above ground level (dbh)to meet accepted industry standards. Portland: 503-722-7267 Vancouver: 360-693-6056 Fax: 503-723-5531 www.collierarbor.com Tree Preservation Plan Page 2 of 5 Tigard Town Square Site 16200 S.W. Pacific Highway • Trees that are recommended for removal are located either inside or within close proximity to the proposed construction foot print that would likely to suffer construction damage. OBSERVATIONS The Tigard Town Square PAD Building and accompanying parking spaces are proposed for construction along the western side of the existing Tigard Town Square commercial site. This PAD site is bordered by parking lot access drives to the north and south,the Pacific Highway to the west and the parking lot to the east. The 188 trees included in this report can be found throughout the proposed construction site. Only the western-most end of the site along Pacific Highway is designated for construction. See Appendix #4 for photographs of trees located in construction area. In Appendix# 1 you will find a listing of the trees inventoried or this report. Trees were measured at breast height (4.5 feet above ground level referred to as dbh)measured to the nearest inch, tree height estimated to the nearest 5 foot increment,preservation potential, preservation or removal recommendations and any applicable comments. Determination of preservation potential was reached based upon a visual tree health inspection and the relative proximity of each tree to the proposed construction footprint. Definitions of preservation potential can be found in the Tree Preservation Potential definition portion of this plan. There are 188 trees included in this Preservation Plan,42 of which are either within the proposed construction footprint or close enough to the footprint to warrant consideration. Trees range in size from 2 to 34 inches in diameter and 20 to 75 feet in height. The Douglas Fir(Pseudotsuga menziesii)trees are the dominant trees on the site. Ten fir trees along the Pacific Highway side of the site show signs of tree climbing damage from spurs inflicted during recent pruning activities. The remaining fir trees show no visible signs of pruning damage. See Appendix#4 for photographs. The White Birch(Betula papyrifera) trees on this site are relatively healthy and fair to good shape. Flowering Cherry(Prunus serrulata)trees are located in several places throughout the site and have good form. There are many Red Maple(Acer rubrum)trees located in the parking lot tree islands. These trees show no signs of decline and generally have good form(see Appendix# 4 for photographs). There are a handful of Norway Maple trees along the southern edge of the site and scattered throughout the remainder of the complex and are in good shape. The City of Tigard Municipal code chapter 18.790.030 requires mitigation for all trees removed over 12 inches in caliper. Of the 188 trees on this site, 84 have diameters overl2 inches. 72 of the 84 trees with diameters over 12 inches are candidates for preservation. There are 12 trees with diameters over 12 inches that are within the proposed construction footprint. These 12 trees account for 15 %of all trees over 12 inches in diameter on site. This project will retain 85%of the trees over 12 inches in diameter on site. © Collier Arbor Care 3/7/2007 Tree Preservation Plan Page 3 of 5 Tigard Town Square Site 16200 S.W.Pacific Highway DISCUSSION The identification, size, species,health and preservation potential for the trees included in this plan can be found in Appendix#1. Tree Identification and location relative to proposed construction activities can be found on the accompanying site map. The City of Tigard Municipal Code section 18.790.030 Tree Plan Requirement states that"all trees designated as significant by the city must be identified". Conversation's with the City representative indicates that a listing of significant trees does not exist at this time and identification of said significant trees is not required in this plan. The tree removal mitigation requirements found in section 18.790.030 of the City of Tigard Municipal Code states that retention of 75%of existing trees over 12 inches in caliper will require no tree removal mitigation This project will retain 85% of the trees over 12 inches in diameter on site therefore not requiring the implementation of mitigation measures. PRESERVATION POTENTIAL DEFINITIONS Preservation potential is a rating that identifies trees which have the highest likelihood of long term survival following construction based on the combination of health condition, failure potential and tree species. • Remove: Trees that are dead or are in very poor health and are not expected to survive construction. Also included in this category are trees within the building footprint. • Poor: Trees likely to show signs of severe health effects and may die within 1-2 years after construction. • Moderate: Trees that may show signs of ill health from construction such as reduced growth, development of deadwood in the crown, etc. • High: Trees with the highest likelihood of long term survival following construction. There are 188 trees on this site and 172 are considered good candidates for preservation because they have a high or moderate preservation potential and are outside the building footprint. There are 12 trees that are inside or in close proximity to the building footprint that would not be considered good candidates for preservation. PROTECTIVE FENCING Placement of protective fencing to establish a tree protection zone(TPZ) is one of the key ingredients for successful tree preservation. Tree protective fencing is to be placed at the drip line (the lateral extent of the longest limbs) of the tree. This may be adequate for ©Collier Arbor Care 3/7/2007 Tree Preservation Plan Page 4 of 5 Tigard Town Square Site 16200 S.W. Pacific Highway open grown,wide-spreading trees; however, in the case of narrow-crowned conifers or closely spaced trees growing with narrow and/or asymmetrical crowns, this may not give adequate root zone protection. An alternative root zone protection concept is for each inch of trunk diameter; allow 1 foot of root zone protection. This would better protect the root zone of narrow crowned trees such as Douglas fir or trees with branches on only one side such as can be found on this site. It is recommended to allow the consulting arborist to establish the TPZ using both concepts to best fit the circumstances found on the site. GRADING AND CONSTRUCTION AFFECTS ON TREES Grading and trenching can negatively affect the health and anchorage of a trees root system. Trenching for utilities can sever roots resulting in a loss of anchoring roots and increased potential for windthrow. Cutting the roots results in the loss of the trees ability to absorb water and nutrients. Substantial root loss decreases the potential for the long term survivability or may cause the trees eventual death. Lowering of soil grades will most likely result in the removal of tree roots. Raising of soil grades can lead to root suffocation. As little as 6 inches of soil fill can eventually lead to root system suffocation and eventual tree death. CONCLUSION It is my conclusion that of the total 188 trees on the site, 172 be preserved. Preservation guidelines outlined in Appendix#2 are recommended for the 26 trees located in the construction area along the perimeter of the proposed building and parking lot footprints. Implementation of the tree preservation guidelines will preserve 85%of all trees over 12 inches in diameter. Trees with diameters over 12 inches that are recommended for removal account for 15% of all trees over 12 inches on the site. Tree removal mitigation specifics can be found in Appendix#3 Tigard Municipal Ordinances section 18.790.060D Guides for replacement. Based upon the percentage of trees preserved on the site over 12 inches in diameter,tree removal mitigation measures will not be required. RECOMMENDATIONS • Remove the following 16 trees: T11,15,16,19,21,23,31,32,33,34,35,36 39,40,41,42. • Preserve the remainder of the 172 trees on the site. Preservation measures outlined in Appendix#2 will be implemented for the preservation of the 26 trees located in proximity to the construction areas as defined on the site map A-101. Trees away from the construction area will not require preservation measures. • The consulting arborist shall direct the establishment of a Tree Protection Zone with protective fencing as described in Appendix#2 to protect trees recommended for preservation in construction areas. © Collier Arbor Care 3/7/2007 Tree Preservation Plan Page 5 of 5 Tigard Town Square Site 16200 S.W.Pacific Highway Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the arborist can neither guarantee nor be responsible for the accuracy of information provided by others. The information contained in this report reflects the condition of those items at the time of inspection. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the trees in question may not arise in the future. Wendall P. Wich, Certified Arborist#PN1694 Appendix#1 Tree Inventory Appendix#2 Tree preservation Specifications Appendix#3 City of Tigard Municipal Ordinance Chapter 18.790 ©Collier Arbor Care 3/7/2007 Appendix#1-Tree Inventory Page 1 of 6 Tigard Town Square Site 16200 S.W. Pacific Highway PRESERVATION TREE# SPECIES . COMMON NAME DIAMETER HEIGHT POTENTIAL ACTION COMMENTS T-1 Betula papyrifera White Birch 7 inches 20 Feet Moderate Preserve Fair form T-2 Pseudotsuga menziesii Douglas Fir 34 inches 75 Feet Moderate Preserve Fair form T-3 Pseudotsuga menziesii Douglas Fir 23 inches 55 Feet Moderate Preserve Fair form T-4 Betu/a papyrifera White Birch 10 inches 30 Feet Moderate Preserve Trunk burl present T-5 Pseudotsuga menziesii Douglas Fir 22 inches 65 Feet Moderate Preserve Fair form T-6 Pseudotsuga menziesii Douglas Fir 32 inches _75 Feet Moderate Preserve Fair form T-7 Pseudotsuga menziesii Douglas Fir 18 inches 40 Feet Moderate Preserve Thin canopy, recently spurred T-8 Pseudotsuga menziesii Douglas Fir 19 inches 50 Feet High Preserve Nice form, recently spurred T-9 Pseudotsuga menziesii Douglas Fir 22 inches 35 Feet High Preserve Nice form, recently spurred T-10 Pseudotsuga menziesii Douglas Fir 23 inches 40 Feet High Preserve Nice form, recently spurred T-11 Pseudotsuga menziesii Douglas Fir 19 inches 40 Feet Poor Remove In footprint, recently spurred T-12 Pseudotsuga menziesii Douglas Fir 19 inches 40 Feet High Preserve Recently spurred, decent form T-13 Prunus serrulata Flowering Cherry 17 inches 20 Feet High Preserve Nice tree _ T-14 Prunus serrulata Flowering Cherry 14 inches 20 Feet High Preserve Nice tree T-15 Acer rubrum Red Maple 15 inches 30 Feet Poor _Remove In footprint T-16 Acer rubrum Red Maple 14 inches 30 Feet Poor Remove In footprint T-17 Pseudotsuga menziesii Douglas Fir 17 inches 40 Feet High Preserve Recently spurred, decent form T-18 Pseudotsuga menziesii Douglas Fir 21 inches 40 Feet High Preserve Recently spurred, decent form T-19 Pseudotsuga menziesii Douglas Fir 22 inches 40 Feet Poor Remove In footprint 1-20 Pseudotsuga menziesii Douglas Fir 20 inches 40 Feet High Preserve Nice form, recently spurred 1-21 Pseudotsuga menziesii Douglas Fir _23 inches 45 Feet Poor Remove In footprint•T-22 Pseudotsuga menziesii Douglas Fir 20 inches 45 Feet High Preserve Nice form, recently spurred T-23 Pseudotsuga menziesii Douglas Fir 13 inches 40 Feet Poor Remove In footprint T-24 Pseudotsuga menziesii Douglas Fir 18 inches 40 Feet High Preserve Nice form, recently spurred T-25 Acer rubrum Red Maple 13 inches 35 Feet High Preserve Decent form T-26 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-27 Acer rubrum Red Maple 18 inches 35 Feet High Preserve Decent form T-28 Acer rubrum Red Maple 16 inches 35 Feet High Preserve Decent form T-29 Betula papyrifera White Birch 10 inches 30 Feet Moderate Preserve Decent form T-30 Betula papyrifera White Birch 9 inches 30 Feet Moderate Preserve Decent form T-31 Betula papyrifera White Birch 8 inches 30 Feet Poor Remove In footprint T-32 Betula papyrifera White Birch 12 inches 30 Feet Poor Remove In footprint T-33 Betula papyrifera White Birch 7 inches 30 Feet Poor Remove ,In footprint ©Collier Arbor Care 3/7/2007 Appendix#1-Tree Inventory Page 2 of 6 Tigard Town Square Site 16200 S.W. Pacific Highway PRESERVATION TREE# SPECIES COMMON NAME DIAMETER HEIGHT POTENTIAL ACTION COMMENTS 1-34 Betula papyrifera White Birch 9 inches 30 Feet Poor Remove In footprint T-35 Acer rubrum Red Maple 17 inches 35 Feet Poor Remove In footprint T-36 Acer rubrum Red Maple 13 inches 35 Feet Poor Remove In footprint T-37 Acer rubrum Red Maple 12 inches 35 Feet Moderate Preserve Fair form T-38 Acer rubrum Red Maple 13 inches 35 Feet Moderate Preserve Fair form T-39 Acer rubrum Red Maple 19 inches 35 Feet Poor Remove In footprint T-40 Acer rubrum Red Maple 17 inches 35 Feet Poor Remove In footprint T-41 Acer rubrum _Red Maple 13 inches 35 Feet Poor Remove In footprint T-42 Acer rubrum Red Maple 14 inches 35 Feet Poor Remove In footprint T-43 Acer rubrum Red Maple 10 inches 30 Feet High Preserve Decent form T-44 Acer rubrum Red Maple 10 inches 30 Feet High Preserve Decent form T-45 Acer rubrum Red Maple 6 inches 20 Feet High Preserve Decent form T-46 Acer rubrum Red Maple 13 inches 30 Feet High Preserve Decent form T-47 Acer rubrum Red Maple 12 inches 30 Feet High Preserve Decent form T-48 Acer rubrum Red Maple 12 inches 30 Feet High Preserve Decent form T-49 Acer rubrum Red Maple 6 inches 20 Feet High Preserve Decent form T-50 Acer rubrum Red Maple 6 inches 20 Feet High Preserve Decent form T-51 Acer rubrum Red Maple 9 inches 25 Feet High Preserve Decent form T-52 Acer rubrum Red Maple 8 inches 25 Feet High Preserve Decent form T-53 Acer rubrum Red Maple 8 inches 25 Feet High Preserve Decent form _ T-54 Acer rubrum Red Maple 6 inches 20 Feet High Preserve Decent form T-55 Acer rubrum Red Maple 5 inches 20 Feet High Preserve Decent form T-56 Acer rubrum Red Maple 6 inches 20 Feet High Preserve Decent form T-57 Acer rubrum Red Maple 6 inches 25 Feet High Preserve Decent form T-58 Acer rubrum Red Maple 5 inches 25 Feet High Preserve Decent form T-59 Acer rubrum Red Maple 6 inches 25 Feet _High _Preserve Decent form T-60 -,Acer rubrum Red Maple 5 inches 25 Feet High Preserve Decent form 1-61 Acer rubrum Red Maple 6 inches 25 Feet High Preserve Decent form T-62 Acer platanoides Norway Maple 7 inches 25 Feet High Preserve Decent form T-63 Acer platanoides Norway Maple 7 inches 25 Feet High Preserve Decent form•T-64 Acer platanoides Norway Maple 8 inches 25 Feet High Preserve Decent form T-65 Acer platanoides Norway Maple 10 inches 25 Feet High Preserve Decent form T-66 Acer platanoides Norway Maple 6 inches 25 Feet High Preserve Decent form T-67 Acer platanoides Norway Maple 9 inches 25 Feet High Preserve Decent form T-68 Acer platanoides Norway Maple 7 inches 25 Feet High Preserve Decent form _T-69 Acer platanoides Norway Maple 8 inches 25 Feet High Preserve Decent form ©Collier Arbor Care 3/7/2007 Appendix#1-Tree Inventory Page 3 of 6 Tigard Town Square Site 16200 S.W. Pacific Highway PRESERVATION TREE# SPECIES COMMON NAME DIAMETER HEIGHT POTENTIAL ACTION COMMENTS T-70 Acer platanoides Norway Maple 8 inches 25 Feet High Preserve Decent form T-71 Acer platanoides Norway Maple _ 10 inches 25 Feet High _Preserve Decent form•T-72 Acer rubrum Red Maple 3 inches 20 Feet High Preserve Decent form T-73 Acer rubrum Red Maple 2 inches 20 Feet High Preserve Decent form T-74 Acer rubrum _Red Maple 3 inches 20 Feet High Preserve Decent form T-75 Betula papyrifera White Birch 6 inches 15 Feet High Preserve Decent form T-76 Betula papyrifera White Birch 6 inches 15 Feet High Preserve Decent form T-77 Prunus serrulata Flowering Cherry 16 inches 20 Feet High Preserve Decent form T-78 Betula papyrifera White Birch 8 inches 25 Feet High Preserve Decent form T-79 Betula papyrifera White Birch 11 inches 25 Feet High Preserve Decent form T-80 Betula papyrifera White Birch 8 inches 25 Feet High Preserve Decent form T-81 Betula papyrifera White Birch 11 inches 25 Feet High Preserve Decent form T-82 Betula papyrifera White Birch 12 inches 25 Feet High Preserve Decent form T-83 Betula papyrifera White Birch 10 inches 25 Feet High Preserve Decent form T-84 Betula papyrifera White Birch 10 inches 25 Feet High Preserve Decent form T-85 Betula papyrifera White Birch 11 inches 25 Feet High Preserve Decent form _ T-86 Acer rubrum Red Maple 14 inches 35 Feet High Preserve Decent form T-87 Acer rubrum Red Maple 14 inches 35 Feet High Preserve Decent form T-88 Acer rubrum Red Maple 14 inches 35 Feet High Preserve Decent form T-89 Acer rubrum Red Maple 15 inches 30 Feet High Preserve Decent form T-90 Acer rubrum Red Maple 19 inches 30 Feet High Preserve Decent form T-91 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-92 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-93 Acer rubrum Red Maple 16 inches 35 Feet High Preserve Decent form T-94 Acer rubrum Red Maple 17 inches 35 Feet High Preserve Decent form T-95 Acer rubrum Red Maple 12 inches 30 Feet High Preserve Decent form T-96 Acer rubrum Red Maple 13 inches 30 Feet High Preserve Decent form T-97 Acer rubrum Red Maple 18 inches 35 Feet High Preserve Decent form T-98 Acer rubrum Red Maple 13 inches 35 Feet High Preserve Decent form T-99 Acer rubrum Red Maple 17 inches 35 Feet High Preserve Decent form T-100 Acer rubrum Red Maple 7 inches 35 Feet High Preserve Decent form T-101 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-102 Acer rubrum Red Maple 16 inches 35 Feet High Preserve Decent form T-103 Acer rubrum Red Maple 16 inches 35 Feet High Preserve Decent form T-104 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-105 _Acer rubrum Red Maple _16 inches 35 Feet High _Preserve Decent form ©Collier Arbor Care 3/7/2007 Appendix#1-Tree Inventory Tigard Town Square Site 16200 S.W. Pacific Highway Page 4 of 6 PRESE TREE # SPECIES COMMON NAME DIAMETER HEIGHT POTENTIALTION ACTION COMMENTS T-106 Acer rubrum Red Maple 17 inches 35 Feet High Preserve Decent form T-107 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-108 Acer rubrum Red Maple 14 inches 35 Feet High Preserve Decent form T-109 Acer rubrum Red Maple 14 inches 35 Feet High Preserve Decent form T-110 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-111 Acer rubrum Red Maple 16 inches 35 Feet High Preserve Decent form T-112 Acer rubrum Red Maple 14 inches 35 Feet High Preserve Decent form T-113 _Acer rubrum Red Maple 14 inches 35 Feet High _ Preserve _Decent form - T-114 Acer platanoides Norway Maple 16 inches 35 Feet High Preserve Decent form T-115 Acer rubrum Red Maple 8 inches 30 Feet High Preserve Decent form T-116 Acer rubrum Red Maple 6 inches 25 Feet High Preserve Decent form T-117 Acer rubrum Red Maple 8 inches 25 Feet High Preserve Decent form T-118 Acer rubrum Red Maple 7 inches 30 Feet High Preserve Decent form T-119 Acer rubrum Red Maple 7 inches 30 Feet High Preserve Decent form T-120 Acer rubrum Red Maple 8 inches 30 Feet High Preserve Decent form T-121 Acer rubrum Red Maple 12 inches 35 Feet High Preserve Decent form T-122 Acer rubrum Red Maple 15 inches 35 Feet High Preserve Decent form T-123 Acer rubrum Red Maple 11 inches 35 Feet High Preserve Decent form T-124 Acer rubrum Red Maple 12 inches 35 Feet High Preserve Decent form T-125 Acer rubrum Red Maple 13 inches 35 Feet High Preserve Decent form T-126 Acer rubrum Red Maple 8 inches 35 Feet High Preserve Decent form T-127 Acer rubrum Red Maple 11 inches 35 Feet High Preserve Decent form T-128 Acer rubrum Red Maple 13 inches 35 Feet High Preserve Decent form T-129 Acer rubrum Red Maple 7 inches 30 Feet High Preserve Decent form T-130 Acer rubrum Red Maple 11 inches 35 Feet High Preserve Decent form T-131 Acer rubrum Red Maple 12 inches 30 Feet High Preserve Decent form T-132 Acer rubrum Red Maple 9 inches 30 Feet High Preserve Decent form T-133 Acer rubruilAcer r Red Maple 8 inches 30 Feet High Preserve Decent form T-134 Acer rubrum Red Maple 9 inches 30 Feet High Preserve Decent form T-135 Acer rubrum Red Maple 7 inches 30 Feet High Preserve Decent form 1-136 Acer rubrum Red Maple 7 inches 30 Feet High Preserve Decent form T-137 Betula papyrifera White Birch 11 inches 30 Feet High Preserve Decent form T-138 Pseudotsuga menziesii Douglas Fir 19 inches 40 Feet High Preserve Decent form T-139 Pseudotsuga menziesii Douglas Fir 19 inches 40 Feet High Preserve Decent form T-140 Pseudotsuga menziesii Douglas Fir 21 inches 40 Feet High Preserve Decent form T-141 _Betula papyrifera White Birch 5 inches 15 Feet Moderate Preserve Decent form ©Collier Arbor Care 3/7/2007 Appendix#1-Tree inventory Page 5 of 6 Tigard Town Square Site 16200 S.W. Pacific Highway PRESERVATION TREE# SPECIES COMMON NAME DIAMETER HEIGHT POTENTIAL ACTION COMMENTS T-142 Betula papyrifera White Birch 3 inches 15 Feet Moderate Preserve Decent form T-143 Acer rubrum Red Maple 10 inches 30 Feet High Preserve Decent form T-144 Acer rubrum Red Maple 13 inches 30 Feet High Preserve Decent form T-145 Betula papyrifera White Birch 5 inches 15 Feet Moderate Preserve Decent form T-146 Betula papyrifera White Birch 10 inches 25 Feet High Preserve Decent form T-147 Betula papyrifera White Birch 9 inches 25 Feet High Preserve Decent form T-148 Pseudotsuga menziesii Douglas Fir 18 inches 35 Feet ,High Preserve Decent form T-149 Pseudotsuga menziesii _Douglas Fir 16 inches 35 Feet High Preserve Decent form T-150 Pseudotsuga menziesii Douglas Fir 15 inches 35 Feet High Preserve Decent form T-151 PSeudotsuga menziesii_ Douglas Fir 20 inches 35 Feet High Preserve Decent form T-152 Pseudotsuga menziesii Douglas Fir 18 inches 35 Feet High Preserve Decent form T-153 Pseudotsuga menziesii Douglas Fir 19 inches 35 Feet High Preserve Decent form T-154 Pseudotsuga menziesii Douglas Fir 22 inches 35 Feet High Preserve Decent form T-155 Pseudotsuga menziesii Douglas Fir 20 inches 35 Feet High Preserve Decent form T-156 Pseudotsuga menziesii Douglas Fir 19 inches 35 Feet High Preserve Decent form T-157 Pseudotsuga menziesii Douglas Fir 19 inches 35 Feet High Preserve Decent form T-158 Pseudotsuga menziesii Douglas Fir 19 inches 35 Feet High Preserve Decent form T-159 PSeudotsuga menziesii Douglas Fir 20 inches 35 Feet _High Preserve Decent form T-160 Pseudotsuga menziesii Douglas Fir 18 inches 35 Feet High Preserve Decent form T-161 Pseudotsuga menziesii Douglas Fir 21 inches 20 Feet High Preserve Decent form T-162 Betula papyrifera White Birch 10 inches 20 Feet High Preserve Decent form T-163 Betula papyrifera White Birch 6 inches 20 Feet High Preserve Decent form T-164 Betula papyrifera White Birch 8 inches 20 Feet High Preserve Decent form T-165 Betula papyrifera White Birch 6 inches 20 Feet High Preserve Decent form T-166 Betula papyrifera White Birch 8 inches 20 Feet High Preserve Decent form T-167 Betula papyrifera White Birch 11 inches 25 Feet High Preserve Decent form T-168 Betula papyrifera White Birch 11 inches 25 Feet High Preserve Decent form T-169 Betula papyrifera White Birch 8 inches 25 Feet High Preserve Decent form T-170 Betula papyrifera White Birch 10 inches 25 Feet High Preserve Decent form T-171 Betula papyrifera White Birch 9 inches 30 Feet High Preserve Decent form T-172 Betula papyrifera White Birch 14 inches 30 Feet High Preserve Decent form T-173 Betula papyrifera White Birch 12 inches 30 Feet High Preserve Decent form T-174 Acer platanoides Norway Maple 8 inches 20 Feet High Preserve Decent form T-175 Betulapapyrifera White Birch 10 inches 20 Feet High Preserve Decent form T-176 Betula papyrifera White Birch 11 inches 20 Feet High Preserve Decent form T-177 Acer platanoides _Norway Maple 9 inches -20 Feet High _Preserve Decent form ©Collier Arbor Care 3/7/2007 Appendix#1-Tree Inventory Page 6 of 6 Tigard Town Square Site 16200 S.W. Pacific Highway PRESERVATION TREE# SPECIES COMMON NAME DIAMETER HEIGHT POTENTIAL ACTION COMMENTS T-178 Betula papyrifera White Birch 5 inches 20 Feet High Preserve Decent form T-179 Acer platanoides Norway Maple 8 inches 20 Feet High Preserve Decent form T-180 Betula papyrifera White Birch 8 inches 20 Feet High Preserve Decent form T-181 Betula papyrifera White Birch 7 inches 25 Feet High Preserve Decent form T-182 Betula papyrifera White Birch 9 inches 25 Feet High Preserve Decent form T-183 Betula papyrifera White Birch 6 inches 25 Feet High Preserve Decent form T-184 Betula papyrifera White Birch ..6 inches 25 Feet High Preserve Decent form T-185 Acer platanoides Norway Maple 4 inches 15 Feet High Preserve Decent form T-186 Acer platanoides Norway Maple 4 inches 15 Feet Hifth Preserve Decent form T-187 Pyrus calleryana Floweing Pear 5 inches 25 Feet High Preserve Decent form T-188 Acer rubrum Red Maple _15 inches ,35 Feet High Preserve decent form ©Collier Arbor Care 3/7/2007 • Appendix#2- Tree Prt. tiation Specifications Page 1 of 2 Tigard Town Square Site- 16200 S.W. Pacific Highway TREE,PRESERVATION SPECIFICATIONS 1). The site contractor shall meet with the certified arborist at the site prior to beginning work to review all work procedures, access and haul routes and tree protection measures. 2). Establish a Tree Protection Zone as directed by the consulting arborist to protect and preserve the trees and their root systems. Install temporary protective fencing such as; chain link or snow fencing affixed to metal"t"posts to establish a Tree Protection Zone. Place the protective fencing around the edge of the trees drip line. Tree Protection Zones will be established prior to construction activities and will remain until all construction is complete or the consulting arborist permits the removal of the fencing. 3. Equipment will stay at least 5 feet away from the trunks of all trees. Care shall be taken to prevent damage to tree trunks and exposed roots. Do not operate equipment when soil is saturated. When possible, operate around trees only when soil is dry. 4). Trees having branches extending into the construction area outside the Tree Protection Zone that must be removed to facilitate construction,must be removed by a qualified arborist and not by demolition or construction contractors. The qualified arborist shall remove the branches in a manner that causes no harm to the tree. 5). If temporary haul or access roads must pass over the root area of trees to be preserved, a road bed of 6 inches of mulch or gravel shall be created to protect the soil. The road bed material shall be replenished as necessary to maintain a 6 inch depth. 6). Construction activities within the Tree Protection Zone are prohibited except by permission and under the supervision of the consulting arborist. Contractors will contact the consulting arborist beforehand,for any construction within the Tree Protection Zone. 7). Stockpiling of materials, vehicle operation and parking is prohibited in the Tree Protection Zone. 8). Maintain existing soil grade within the TPZ. Raising or lowering of soil grades are prohibited except as permitted by and under supervision of the consulting arborist. Final soil grades may need to be adjusted from what is shown on the grading plan to further protect the trees. Contractors shall contact the consulting arborist when soil grading conflicts with tree preservation recommendations. 9). Removal of branches or root pruning of trees recommended for preservation is to be performed by a qualified arborist under the supervision of the consulting arborist. © Collier Arbor Care 3/7/2007 • Appendix#2- Tree Pi .nation Specifications Page 2 of 2 Tigard Town Square Site- 16200 S.W. Pacific Highway 10). Excavation and trenching around tree roots within the Tree Protection Zone is prohibited except by permission of the consulting arborist. 11). When trenching is required within the Tree Protection Zone,tunnel under the roots by hand digging or boring. Do not cut roots larger than 2 inches in diameter. Smaller roots may be cut if they interfere with construction. Root cutting must be done with a sharp saw or knife. 12). Do not allow any exposed or cut roots to dry out before permanent backfill is placed. Provide temporary earth cover or mulch to keep roots moist until permanent backfill can be placed. 13). In the event that any tree roots larger than 3 inches in diameter are unearthed or damaged during construction, provide temporary cover of soil over the roots until the consulting arborist can inspect the damage. 14). Water trees which are to remain, as necessary,to maintain their health during the course of construction. • © Collier Arbor Care 3/7/2007 Appendix#3 —City of Tigard Municipal Code: Chapter 1.8.790 Tigard Town Square Site-16200 S.W. Pacific Highway Chapter 18.790 TREE REMOVAL Sections: 18.790.010 Purpose 18.790.020 Definitions 18.790.030 Tree Plan Requirement 18.790.040 Incentives for Tree Retention 18.790.050 Permit Applicability 18.790.060 Illegal Tree Removal .18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community,help clean the air,help control erosion,maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation,planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; • 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that,notwithstanding these purposes, at the time of developmenrit may be necessary to remove certain trees in order to accommodate structures, streets utilities,and other needed or required improvements within the development. 18.790.020 Definitions A. Definitions. The following definitions apply to regulations governing the preservation and removal of trees contained in this chapter exclusively: 1. "Canopy cover"means the area above ground which is covered by the trunk and branches of the tree; 2. "Commercial forestry"means the removal of ten or more trees per acre per calendar year for sale. Tree removal undertaken by means of an approved tree removal plan under Section 18.790.030 is not considered commercial forestry under this definition; Tree Removal 18.790-1 SE Update: 10/04 Appendix #3 —City of 1 igard Municipal Code: Chapter 18.790 Tigard Town Square Site-16200 S.W. Pacific Highway 3. "Hazardous tree" means a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property; 4. "Pruning" means the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices; 5. "Removal" means the cutting or removing of 50 percent(50%) or more of a crown,trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. `Removal"shall not include pruning; 6. "Tree" means a standing woody plant, or group of such, having a trunk which is six inches or more in caliper size when measured four feet from ground level; 7. "Sensitive lands"means those lands described at Chapter 18.775 of the title. B. General rule. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the plantin , removal and protection of trees prepared by a certified arborist shall bewovid or any ot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping,streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the.applicant to protect trees during and after construction. Tree Removal 18.790-2 SE Update: 10/04 Appendix#3—City of i igard Municipal Code: Chapter 18.790 Tigard Town Square Site-16200 S.W. Pacific Highway C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees,the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20%bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. This bonus is not applicable to trees preserved in areas of floodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; 2. Lot size averaging. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80%of the minimum lot size allowed in the zone; 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20%of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off- Street Parking Requirements, a 1%reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; . 5. Commercial/industrial/civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as .a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. Tree Removal 18.790-3 SE Update: 10/04 Appendix#3 —City of'i igard Municipal Code: Chapter 18.790 Tigard Town Square Site-16200 S.W. Pacific Highway C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability,flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County' Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland,tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production,or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands,but does not stand on sensitive lands. Tree Removal 18.790-4 SE Update: 10/04 Appendix#3 —City of lgard Municipal Code: Chapter 18.790 Tigard Town Square Site-16200 S.W. Pacific Highway E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding D.4. above,is not permitted. 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; or c. In noncompliance with any condition of any City permit or development approval; or d. In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. Remedies.If the Director has reason to believe that a violation of this chapter has occurred,then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester,showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050.,initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.230 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Section 1.16 of the Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include,but not be limited to,the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Section D below; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics; Tree Removal 18.790-5 SE Update: 10/04 Appendix#3 —City of l lgard Municipal Code: Chapter 18.790 Tigard Town Square Site-16200 S.W. Pacific Highway 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value; 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property,the Director may require one or more replacement trees to be planted on other property within the City,either public property or,with the consent of the owner,private property; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. In lieu-of payment. In lieu of tree replacement under Section D above, a party may, with the consent of the Director,elect to compensate the City for its costs in performing such tree replacement. F. Exclusivity.The remedies set out in this section shall not be exclusive.■ • • Tree Removal 18.790-6 SE Update: 10/04 . Appendix#4 Site Pictures Tigard Town Square site 16200 S.W.Pacific Highway a .r� N. ► y . . ' - - -,..: Nig "" yet ;A'� .1 Ys t r s M �K; v « :. r. it Z,3 , -'VAS 1 .1",. i l i. ar.M1y intri , Zirt 1141464' e.4.------ .„.7...„„: -.' - . ' . la" :. r.p r Trees T-17 through T-23 Appendix#4 Site Pictures Tigard Town Square site 16200 S.W.Pacific Highway 0' s = f ' y�.A�Ta p k4# J. gal tv n,r '•+ ;.h.. 4.� L a Ai • Trees T-31 through T-34 recommended for removal Appendix#4 Site Pictures • Tigard Town Square site 16200 S.W. Pacific Highway tiY`�` } +rte r ,r r 3r ,�re:,.-h` ff �E� t � ,�,,, .' `.�� 413,.. 1 r.f.i fr i t 6.Fy ( r7 d S '} Z iiaudrih ,0i t{t y lit. -.Ni‘ ' jj �5 f } k'.'. ,F4L; s. .V..1■,i'...k*, ,c+ ' ,, '', '' .ft kl'i;C,, ''''J, a 'i It .-'te.V clt,...... . , i., ,i,/. .i.., . ,, .,_ . - :x. . • _ -- . . Trees T-35 through T-42 Appendix#4 Site Pictures Tigard Town Square site 16200 S.W.Pacific Highway . N ? ., � V X ` 44-4✓ le, IS' fry- %. . £ f lire 4 ti `ks s'sd �,. _ ^ ..�— ,.'" ,t _ -��'Y�? eve ,t`; .. Trees T-1 through T-8 recommended for preservation ADDITIONAL DOCUMENTS • April 20,2007 Ethan Edwards Baysinger Partners 1006 SE Grand Ave, Suite 300 Portland, OR 97214 RE: Minor Modification Request, Case File No. MMD2007-00008 Dear Mr. Edwards: This letter is in response to your letter to the City, dated March 19,2007,requesting a minor modification to the T gard Towne Square site development approval (SDR2004-00013) located at 16240 SW Pacific Highway, WCTM 2S1 15BA,Tax Lots 02500 and 02600. 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. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot"Phase II New Retail"with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and,therefore,does not apply. 2. A change in the ratio or number of different types of dwelling units. This application is a request to modify the previous approved Site Development Review (SDR2004-00013)by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and,therefore,does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot"Phase II New Retail"with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Although this modification application proposes additional parking, it is not required. The previous approval provided 865 parking spaces and this modification proposed 867 parking spaces. The minimum parking required for this site is 841 and the maximum is 1,138 parking spaces. Therefore, the proposed modification does not require additional on-site parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces.Therefore,this proposal does not involve a change in the type of commercial structure. 5. An increase in the height of the building(s) by more than 20 percent. The parapet height of the approved building is 19 feet.The proposed parapet height is 21 feet, or a change of 10%. Page 1 of 3 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The applicant does not propose to change the type or location of any access ways. However, the applicant does propose to replace a previously approved drive through restaurant with a 12-space parking area. The additional spaces would increase parking availability but would not affect off-site traffic on Hwy 99W. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore, the traffic to and from the site would be expected to decrease from that which was previously approved. 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. This application is a request to modify the previous approved Site Development Review (SDR2004-00013)by eliminating the 1,400 square foot `Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The previously approve total floor area is 193,919 square feet and this modification would reduce the total floor area to 192,284 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 regwred by the code or reduces the open space areas by more than ten percent. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot"Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. No reduction in open space is proposed. 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 m the site plan. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. This modification includes an increase of landscaping area from the previously approved amount of 142,417 square feet (16.38%) to 146,396 (16.83%). 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 has proposed to eliminate Conditions of approval 3 and 5 and to modify Condition 6. These conditions of approval relate to drive aisle stacking length, reconstruction of a trash enclosure, and provision of bicycle parking for the approved 1,400 square foot Phase II Retail Building. Any modification to these conditions would require a new Site Development Review. However, the proposed eliminations and change to the identified conditions are unnecessary with the statement that the applicant does not intend to build the 1,400 square foot Phase II Retai Building. It follows that the applicable conditions would simply not be expected to be met. This request is determined to be a minor modification to an existing site. 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 injurious 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: 1. Provide water quality treatment for new parking lot area. Provide plans and calculations to the Engineering Department for review and approval prior to issuance of site permit. 2. The provisions of the March 6, 2007 Tree Preservation Plan, submitted with the Minor Modification ft4. Application, shall be implemented under the existing conditions of approval contained in SDR2004- 00013 for tree preservation. April 19,2007 2 Minor Modification Request,MMD2007-00008 • 4 THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have any questions,please feel free to call me at 503-639-4171 ext. 2434. Sincerely, Gary Pagenstecher Associate Planner c: SDR2004-00013 Land use file April 19,2007 3 Minor Modification Request,MMD2007-00008 /**N19/...,. /✓ �m o r� �rs� tt,"-•11 trOivco- /blip I el-CA.4‘110,7 Sterk,"N • ** Ca-4?...e2 f6/0 8 9 9 N � X !\__, --1 Z m N • m m m z x * Z c� - _ n P. D � C � = D J mi i • U m r c n z c) -1 ' m /10 VI 1 4. tililit•--,,,----,. EI a` ./, wk. !� 0 (/i ■ ' a ` � �_ � �;� . 5, / / F #2 ...,1111pir35, SP Pir/ `s _ F / I I Am r;,--- ,ill Api ivo.; ,■ _ tp `�•►p� oo - o 1 0 Ni- . o\ � D I r F- zi ! - t.- cp 33m 0 , , ® O m 0 n , o� g1 e 1131i' HARSCH INVESTMENT PROPERTIES A r Ns r - 1ibi[ Wit.. TIGARD TOWNE SQUARE EXPANSION HA0624 z R ° ill 104 -, 1 I ,g' BAYSINGER PARTNERS ARCHITECTURE PC it a ° It 11tix b `�' PORTLAND,099285 10065E Gone.Are 3546-500,Po 50.-897211 s � p 2 11 ix b N• 'POBilANO,0897205 Phone.503-516-3600 Foe 503-516.1601 Phone 503212 2900 Fos 5032268573 lenniless@boysin0eepodnenrom CNFlaysingerPortnertmm r ITI1i _' 1 _': r r . , IIhIiuiIii III -� ■ II H.4 j L'ii1ifl18 !' , . . . ,. viwaraiwarisaj i % -; ,, _4 4 �� . . '' : 1 6, •.,,,,, T.• 1 1 : _ 1~ J . J 1 1 1.. 1 1• { J' f. t J r l J. i • 4 N.'` ti t , . J - i 4 �4 .. Ate aiiiiiiiii i iiimilymiti _..- R,..(..4-A2..--til ta,11„e,01-6,_/41,47 /)17),/•"61,°-Cti/Z/q" I 11,11 I i, I iFiflitrq' r� . I o pit f��t s II .i 1 R4 4,--11--‘11":'"- _, , I N;40; I -,,-.....!'4, . '- .1,.... rP • ( I 1 1 ...,.... , ;7: i iiiii . u-,,-.-7 iliks:;;.:................ ....... ............................ ..... .... . 1 �Rf . v • I-:4�b;R:.. 71;/ e `F ��itr® . L: • \ \ A O VA ?/€ us 4si. alas) - 4V•a•1 t I • 4z..4 , fl ir I t OEM 4A, i -MU FL,I, 1 • iVggSi E ' P s.. y i it it fly II1 '1IJ 91 tl re #i 9 if I f 1 IR$R4OF < i 8 4 , f5 t I' ® ��°Aqapq €� / "t 111`. - R •.a 4�A`ut z 41� Lt�f Nww & � f P M1.1." 11$0800 48R IV e I id.; b Si4$.R E g !ii €s scs� _ '�`° r'v - T • x NARA 4 fi °� d 'R 1' s e° �_ "a.I. -fit; a s x� a c e a ¢ e a e it .t 6 g lasg �eR fir a $*=i ayQn � e 4 a I �� : . =vas € s �gI tit Q p e e E E F t 3• Ri • i 1 1 11 if "�a tr3�` i N QQ g a 3s"9e "'y v r Y r r i Ri° Rt Y ° 3 YR:' S : 3 Y - Y - Y y y °n S 3• =o o ��`il�l�fti ,,5 HARSCH INVESTMENT PROPERTIE LLC ri B¢ I�I1 Ill` m TIGARD TOWNE SQUARE PAD BUILDING HA0624 m @' ii"lilifi r Z BAYSINGER PARTNERS ARCHITECTURE PC =_ !II 1""1,1"-' ill ;e 4 1i 1fI+t[ 1{ �i 1111 SW Solna SI 1006 SE Grand Are.,Sone 300,Pordond,OR 97714 - e !`i ,.1f.� ', ACT Portland OR 97205 Phone:503-546-1600 Foe:502-546-1601 _ 114� Phone:503-2422900 Fm 503-226-0523 lenndetR @Ro5'tinperPortners.mm @Raryin0erPUmun ra .. / BM 21-24' 0/r w O Clearance Area S,r �' . ° i a a I a' 3 Elizabeth Rhododendron 3 Unique Rhododendron 1:#1/: 3 Blue escue NA��riv_hprAw roilo e 7 , '1 Chanticleer Pear .�� 14 Gulf Stream Heavenl Bamboo �O Od ,� 2 Blue Fescue ®� A6 Ie O • /\ 1 Chanticleer Pear aue 15 Flame Forest Pieris ADO ' / �3 Elizabeth Rhododendron . 'to, O' . , a it i O • o � /1f'\ 1 Scarlet Sentinel Red a.le ,0',�O -- //.e,MMO ,� 6 Jean Marie Rhododendron O `1 9 Otto Lu en Laurel �-;�.� it/ A AL AD 27 Blue Fescue 80 Ros Glow Barberr O //�� 1 ��19 Gulf Stream 4 Unique Rhododendron O tifr t �_m- •_'..�� ► ��Heavenly S ^i X41�.4 Bamboo 5 Gracilis Hinoki C •ress errs _e.;••r..■0e►.;�/ e• o-- i0�t r /� 10 David Viburnum �,to��o'!e�� O, � e.e,�oc.J:�i:��tfy�• 3 Jean Marie Rhododendron ttlIai iOtt,1,`_/ 7 Jack •ratt New Zealand Flax ° S-LO o�IRO ° 12 Blue Fescue NAI ° o°aso� -ReriwH*'e- NI* -1 eu°e' • ..II 85 Taiwan Creeping Berry r \\ ... \ A d