MMD2013-00042 MMD2O13 - 00042
MUSLIM
EDUCATIONAL
TRUST
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2013-00042 g
MUSLIM EDUCTIONAL TRUST T 1 G A R D
120 DAYS = 3-18-2014
SECTION I. APPLICATION SUMMARY
FILE NAME: Muslim Educational Trust Minor Modification
CASE NO.: Minor Modification (MMD) MMD2013-00042
PROPOSAL: The applicant requests a minor modification to remove five additional trees from
the approved tree removal plan approved under CUP2002-00003. The subject
trees are in moderate to poor condition and have been deemed by the project
arborist to be in conflict with the approved development.
APPLICANT: TS Gray Construction LLC OWNER: Muslim Educational Trust
PO Box 1000 10330 SW Scholl's Ferry Rd.
Sherwood, OR 97140 Tigard, OR 97223
LOCATION: 10330 SW Scholl's Ferry Road;WCTM 1S134AB,Tax Lot 3300.
COMPREHENSIVE
PLAN AND
ZONING
DESIGNATION: R-12: Medium-Density Residential District. The R-12 zoning district is designed
to accommodate a full range of housing types at a minimum lot size of 3,050
square feet. A wide range of civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: The applicable chapters of the Tigard Community Development Code for the
proposed modifications include: 18.330, 18.745,and 18.790.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request The findings and conclusions on which the decision is based are noted
in Section IV.
SECTION III. BACKGROUND INFORMATION
Site Information and Site History:
The site is roughly 2.54 acres in size and is under currently under construction. The proposed
modification of the tree plan follows as the most recent in a series of permits:
The property was utilized as a single-family residence until 1992. At that time, a conditional use permit
for the Korean Hope Presbyterian Church was obtained. The Muslim Educational Trust purchased the
property in 2000 to utilize as a place of worship and education for Muslims (MMD2000-00014). A
Conditional Use Permit (CUP2002-00003, SLR2002-0004, SLR2002-00006, and VAR2002-00009) was
approved in September 2002 for a two-phase expansion to accommodate a 28,000 square foot facility.
MMD2013-00042 Muslim Educational Trust Modification of Conditional Use Permit CUP2002-00003 Page 1 of 3
Phase I involved site work in preparation for the full build-out and placement of modular buildings to
accommodate nine classrooms and 200 students. This phase has been completed. Phase II involves
the removal of all buildings and construction of the new facility to accommodate 320 students. The
proposed modifications are modifications to Phase II development.
CUP2011-00001 approved a reconciliation of inconsistencies in CUP2002-00003 where the applicant's
narrative and the Hearings Officer's Final Order stated that the square footage of the center is 28,000,
while the plans submitted with and approved as part of the application depicted a 33,054 square foot
building. CUP2011-00001 affirms that the approved building square footage is 33,054 square feet.
MMD2012-00010 approved modifications that incrementally increased the pool, gymnasium,
lunchroom, and services areas (including a 2,250 square foot basement), resulting in an overall increase
in square footage from 33,054 to 36,400 square feet (3,346 SF, or 9%),In addition, modifications
included a shift in the building's footprint, reduction in surface parking, and the addition of a minaret
and dome.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
Conditional Use Permit—Chapter 18.330.020.0
Minor Modification of Approved or Existing Conditional Use: Any modification which is not
within the description of a major modification as provided in Subsection B shall be considered a
minor modification. An applicant may request approval of a minor modification by means of a
Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3.
Section 18.330.020.C.3 states that a minor modification shall be approved, approved with
conditions or denied following the Director's review on findings that:
The proposed development is in compliance with all applicable requirements of this title;and
FINDING: As described in the applicant's narrative and plan set, and as provided in the
findings for the applicable standards below, staff finds that all applicable
requirements of this title are satisfied.
The modification is not a major modification.
FINDING: Staff finds that based on the applicant's narrative and plan set, the threshold
changes to determine a major modification, listed in TDC 18.330.020.B.2(a-h),
have not been exceeded or do not apply.
Landscaping and Screening (18.745)
Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2).
FINDING: The proposed amended Landscape Plan (Sheet L1.00) shows the location of
existing and proposed perimeter buffer landscaping and existing and proposed tree
removal and planting.The proposed tree removal does not affect the buffering and
screening provided under CUP2002-00003. The applicable landscaping and
screening standards continue to be met.
Tree Removal(18.790.030)
A tree plan for the planting, removal and protection of trees prepared by a certified arborist
shall be provided for any lot, 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.
FINDING: CUP2002-00003 included the following tree related conditions of approval:
Condition #5 to retain mature conifers in the southeast corner of the site;
Condition #15 for a perimeter landscape buffer including 17 Sawtooth oaks; and
MMD2013-00042 Muslim Educational Trust Modification of Conditional Use Permit CUP2002-00003 Page 2 of 3
Condition #16 for installation of a street tree in the vicinity of the access way off
Scholls. The site plan also showed retention of an existing tree grove along Scholls
and existing trees within the buffer along the east property line. The proposed
Landscape Plan (Sheet L1.00) shows that four of the five trees proposed for
removal as hazardous are along the east property line. Tree retention remains
greater than 75%, so not mitigation is required. However, the applicant proposes
to plant a 6-8 inch Willamette Valley ponderosa pine,which will enhance screening
along the eastern property boundary consistent with the approved development.
The applicable tree removal standards continue to be met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON DECEMBER 10, 2013
AND BECOMES EFFECTIVE ON DECEMBER 11, 2013.
Questions:
If you have any questions, please contact Gary Pagenstecher at (503)718-2434, garypetigard-or.gov or
by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon, 97223.
Attachments: Vicinity Map
Site Plan
December 10. 2013
APPROVED BY: Gary agenstecher,Associate Planner DA'Z'E
MMD2013-00042 Muslim Educational Trust Modification of Conditional Use Permit CUP2002-00003 Page 3 of 3
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APPLICANT
MATERIALS
RECEIVED
u City of Tigard NOV 18 2013
Minor Modification — Type I 413,gaw
GENERAL INFORMATION
Property Address/Location(s): In addition, the Director must find that the proposed
10330 SW Scholls Ferry Rd Tigard, OR 97223 change is in compliance with all applicable requirements of
Tax Map&Tax Lot#(s): Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Site Size: discussion indicating how the site expansion/change will
Applicant*: TS Gray Construction l LC continue to comply with the maximum setback, building
PO Box 1000 height, parking, and landscaping standards. Other
Address: requirements of this title such as clear vision, solid waste
City/State: Sherwood, OR Zip: 97140 storage, non-conforming situations, signs, and tree
Primary Contact: AJ Michaud removal may also be applicable depending on the type and
Phone: 503-692-9292 Fax: 503-692-9292 location of the proposed modifications.
E-Mail: ajmichaud @tsgrayconstruction.com
Property Owner/Deed Holder(s)*:
(Attach list if more than one)
Muslim Educational Trust REQUIRED SUBMITTAL ELEMENTS
Address: PO Box 283 Phone: (Applications will not be accepted without the
City/State: Portland,OR Zip: 97207 following required submittal elements)
*When the owner and the applicant are different people, the Er Application Form
applicant must be the purchaser of record or a lessee in i Owner's Signature/Written Authorization
possession with written authorization from the owner or an Title Transfer Instrument or Dee•
•agent of the owner. The owner(s) must sign this application
in the space provided on the back of this form or submit a Site .n Pre • ans : •ne— •educed to 8'/z"x 11")
written authorization with this application. applicant's Statement/Narrative(4 copies)
Filing Fee
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY
Review or Section 18.330.020(B)(2) —Conditional Use. If the 1••194r)20127-00042""modification exceeds the maximum allowed under any one or Case No.(s):
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit.
Fee: Co 5t CIO
rlpplicpt's Statement: Receipt No.: 113°I SSy
The applicant's statement must include a summary of the Date: Ill I B I l 3
proposed changes. Criteria in either 18.360.050(B) or
18.330.020(8)(2) must be addressed with a detailed response Application Accepted By: Ale--
to each criterion. Failure to provide the information needed Date Determined Complete:
to process the application would be reason to consider an Raised: 6'24/3)13
application incomplete and delay review of the proposal. 1AtuRP1.A1\Masters\Land use Apnl,caACms\Minoc Ntoddicetion.d c
City of Tigard ( 13125 SW Hall Blvd.,Tigard,OR 97223 j 503-718-2421 j www,tigard-or.gov
I Page 1 of 2
II
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.) �Ul
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
twniamt
♦ 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.
• AU of the above statements and the statements in the site plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of eaeh owner of the subject property.
DATED this day of L�V ,20 3
Owner's ignature Owner's Signature
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard_or.gov I Page 2 of 2
971.409.9354
Morgan Nolen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
f',- AfJOCIAT i,c Consulting Arborists and Urban Forest Management mor an.holen @comcast.net
November 11, 2013 EC E 1\/ED
NOV 1 g 2013
City of Tigard
13125 SW Hall Boulevard PLANNING/ENGINEERING CITY OF TIGARD
Tigard, Oregon 97223
Re: Minor Modification—Type I Application
Muslim Educational Trust Center, Tigard, Oregon
Project No. MHA1327 METC
Please find enclosed the Type I Application for Minor Modification to the Conditional Use Permit for the
Muslim Educational Trust Center project located at 10330 SW Scholls Ferry Road in Tigard, Oregon.
Morgan Holen &Associates (MHA) was contracted by TS Gray Construction to provide tree protection
monitoring and on-call consulting arborist services during the construction phase of work. Please note
that MHA did not prepare the original arborist report and tree plan for this project during the design
phase, but MHA is utilizing the existing tree data for the purposes of this application.
During on-going construction, MHA coordinated with TS Gray Construction regarding five trees in
moderate to poor condition that were planned for preservation, but must be removed for the purposes
of construction. No additional construction is proposed, but sufficient protection cannot be provided for
these trees based on the approved site plans. Furthermore,these trees are not suitable for preservation
with construction as they can be expected to become increasingly hazardous to the new building.
Please contact us if you have questions or need any additional information.
Respectfully,
Morgan Holen &Associates, LLC
-71/114., f 44.4..,....
Morgan E. Holen, Owner
ISA Certified Arborist, PN-6145A
ISA Tree Risk Assessment Qualified
Forest Biologist
•
971.409.9354
Morgan Bolen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
6-- Alf oCIAT�f'���- Consulting Arborists and Urban Forest Management morgan.holen @comcast.net
Minor Modification Permit
Narrative
Muslim Educational Trust Center
Tigard, Oregon
November 11,2013
A
971.409.9354
Morgan Nolen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
—�»—AVJOCIATFI— Consulting Arborists and Urban Forest Management morgan.holen @comcast.net
Table of Contents
Application Summary 1
Applicable Approval Criteria 1
18.330.020(B)(2)—Conditional Use 1
18.790.030-Tree Plan Requirement 3
971.409.9354
■
Morgan Nolen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
,` &Tf OCIATE I, Consulting Arborists and Urban Forest Management morgan.holen @comcast.net
Muslim Educational Trust Center—Tigard, Oregon
Minor Modification Permit Narrative
November 11, 2013
MHA1327
Application Summary
Five trees planned for preservation at the Muslim Educational Trust Center(METC) project site, located
at 10330 SW Scholls Ferry Road in Tigard, Oregon, are recommended for removal for the purposes of
construction. The applicant is seeking authorization from the City of Tigard to remove these five trees,
which requires minor modification to the existing Conditional Use Permit (CUP). The CUP for the METC
project was approved prior to the Urban Forestry Code Revisions;therefore,the approval criteria from
the pre-March 1, 2013 code is addressed herein. The applicable approval criteria for a minor
modification permit are addressed below and all of the standards are met because the project amenities
will not be reduced by greater than 10%.
Applicable Approval Criteria
The applicable approval criteria for Minor Modification of a Conditional Use Permit (pre-March 1, 2013)
are listed in plain text below, and the applicant's findings and conclusions to the criteria are in italics.
18.330.020(B)(2)—Conditional Use
2.The Director shall determine that a major modification(s) has resulted if one or more of the
changes listed below have been proposed:
a. A change in land use;
No change in land use is proposed. The only proposed change is the removal of
five trees.
b. A 10% increase in dwelling unit density;
No increase in dwelling unit density is proposed. The only proposed change is the
removal of five trees.
c. A change in the type and/or location of access ways and parking areas where
off-site traffic would be affected;
No change in the type and/or location of access way and parking areas where
off-site traffic would be affected is proposed. The only proposed change is the
removal of five trees.
d. An increase in the floor area proposed for non-residential use by more than
10%where previously specified;
No increase in the floor area proposed for non-residential use is proposed. The
only proposed change is the removal of five trees.
e. A reduction of more than 10%of the area reserved for common open space
and/or usable open space;
No reduction of the area reserved for common open space and/or usable open
space is proposed. The only proposed change is the removal of five trees.
Minor Modification Permit Narrative
Muslim Educational Trust Center,Tigard, Oregon
November 11,2013
Page 2
f. A reduction of specified setback requirements by more than 20%;
No reduction of the specific setback requirements is proposed. The only
proposed change is the removal of five trees.
g. An elimination of project amenities by more than 10%where previously
specified provided such as:
(1) Recreational facilities;
No elimination of project amenities, including recreational facilities is
proposed. The only proposed change is the removal of five trees.
(2) Screening; or
The applicant proposes to remove five trees for the purposes of
construction, including four trees located along the eastern property
boundary. However, no changes are proposed to the existing landscape
plan which includes proposed buffering along the eastern property
boundary. The buffering and screening requirements in section
18.745.050.8 will continue to be met and therefore no change in
buffering and screening is proposed.
(3) Landscaping provisions; and
The applicant proposes to remove five trees for the purposes of
construction, including four trees located along the eastern property
boundary. However, no changes are proposed to the existing landscape
plan which includes proposed buffering along the eastern property
boundary. The buffering and screening requirements in section
18.745.050.8 will continue to be met and therefore no change in
buffering and screening is proposed.
The proposed tree removal and replacement will be in accordance with
the tree plan requirements of Chapter 18.790.030.8. The five trees
proposed for removal are described in Table 1 below.
Table 1. Additional Trees Proposed for Removal for the Purposes of Construction.
Common Scientific Diameter Condition
No. Name Name (inches) , (10-1-2013) Treatment Exempt
Pseudotsuga young tree,sweep in main stem, some crown remove for
439 Douglas-fir menziesii 13 asymmetry; located 4'from footing construction No
fastigiate poor structure and condition,dieback,decay, history remove
445 white oak Quercus spp. 10 of branch failure hazard tree Yes
fastigiate poor structure and condition,dieback,decay, history remove
446 white oak Quercus spp. 12 of branch failure,20-degree lean to planned building hazard tree Yes
poor structure-multiple attachments at 2',
codominant stems with included bark, bark buckling remove
476 linden Tilia spp. 37 near base;4'from footing hazard tree Yes
poor structure,dead and broken branches, branch
Pinus decay, high live crown;exposure from hazardous remove
477 Scots pine sylvestris 19 linden removal will increase probability for failure hazard tree Yes
Minor Modification Permit Narrative
Muslim Educational Trust Center,Tigard,Oregon
November 11, 2013
Page 3
Four of the five trees are hazardous to the new development
and are recommended for removal because of their close
proximity to on-going construction. Hazardous trees are exempt
from the City's tree preservation regulations, therefore these
trees are omitted from the revised tree preservation calculation.
Tree 439 is not hazardous, but appears in moderate condition.
Removal of this tree is recommended because of its proximity to
new construction and less than attractive aesthetic. Removal of
this tree results in changes to the previously approved tree
preservation analysis.
Previously, 35 of 45 non-exempt trees over 12 inches in caliper
were planned for preservation, or 78%. The modification results
in preservation of 28 of 37 non-exempt trees over 12 inches in
caliper, or 76%. The result is a 2%decrease in total number of
non-exempt trees over 12 inches preserved during development.
The change in existing tree preservation is less than 10%and no
mitigation is required per section 18.790.030.8.2.d, "Retention
of 75%or greater of existing trees over 12 inches in caliper
requires no mitigation." Note that the revised application
corrects errors in the original arborist report accounting for the
number of trees over 12 inches in caliper.
Although it is not required, we recommend planting one six to
eight foot tall Willamette Valley ponderosa pine (Pinus
ponderosa var. willamettensis)as shown on the enclosed
revised site plan as an added amenity to the site.
h. A 10% increase in the approved density;
No increase in the approved density is proposed. The only proposed
change is the removal and replacement of five trees.
3. Upon the Director determining that the proposed modification to the conditional use plan is a
major modification,the applicant shall submit a new application in accordance with Section
18.390.050.
The only changes proposed affect tree removal. The proposed changes do not reduce
these amenities by more than 10%. The proposed modification to the conditional use
permit is not a major modification, and it should therefore be processed as a minor
modification.
18.790.030-Tree Plan Requirement
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;
The location, size and species of all existing trees including trees designated as
significant by the city was provided with the original CUP application for the
r '
Minor Modification Permit Narrative
Muslim Educational Trust Center,Tigard,Oregon
November 11, 2013
Page 4
project. Proposed modifications are provided in table 1 above and illustrated on
the enclosed revised site plan.
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:
Five trees are recommended for removal for the purposes of construction,
including four hazardous trees and one non-exempt tree measuring larger than
12 inches in caliper.
The previously approved tree preservation calculation determined that 35 of 45
non-exempt trees over 12 inches in caliper were planned for preservation, or
78%. The revised calculation corrects errors in accounting for the number of
trees over 12 inches in caliper in the original calculation and is based on the
findings and recommendations for the removal of five additional trees as
documented in table 1 above. The modification results in preservation of 28 of
37 non-exempt trees over 12 inches in caliper, or 76%.
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.
The modification does not alter the tree preservation standard satisfied
in the original arborist report. if the five trees proposed for removal
were originally planned for removal, no mitigation would have been
required per section 18.790.030.8.2.d. With and without the
modification, the tree preservation plan satisfies the criteria and no
mitigation is required. Nevertheless, we recommend planting one six to
eight foot tall Willamette Valley ponderosa pine(Pinus ponderosa var.
willamettensis)as shown on the enclosed revised site plan as an added
amenity to the site.
Minor Modification Permit Narrative
Muslim Educational Trust Center,Tigard,Oregon
November 11,2013
Page 5
3. Identification of all trees which are proposed to be removed;
The additional trees proposed for removal are described in Table 1 above and
illustrated on the enclosed revised site plan.
4. A protection program defining standards and methods that will be used by the
applicant to protect trees during and after construction.
The original tree protection program will continue to apply except for the five
trees proposed for removal.
Please contact us if you have questions or need any additional information.
Thank you,
Morgan Holen &Associates, LLC
Morga . Holen, Owner
ISA Certified Arborist, PN-6145A
ISA Tree Risk Assessment Qualified
Forest Biologist
Enclosures: MHA1327 METC—Revised Site Plan 11-11-13
11 CITY OF TIGARD RECEIPT
II 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TICARD
Receipt Number: 193984 - 11/1812013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013-00042 Minor Modification to an Approved Plan- 100-0000-43117 $84.00
LRP
MMD2013-00042 Minor Modification to an Approved Plan 100-0000-43116 $567.00
Total: $651.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 2403 AKOWACZ 11/18/2013 $651.00
Payor: TS Gray Construction, LLC
Total Payments: $651.00
Balance Due: $0.00
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