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UFR2018-00002 UFR2O18 - 00002 PORTER LANE , LLC NOTICE OF TYPE I DECISION URBAN FORESTRY REVIEW UFR2018-00002 1111 MODIFICATION OF URBAN FORESTRY PLAN FOR PORTER LANE, LLC T I GARD 120 DAYS = August 17, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Porter Lane, LLC CASE NO.: Urban Forestry Review(UFR) UFR2018-00002 PROPOSAL: The applicant proposes to modify the Urban Forestry Plan approved under the Minor Land Partition for Porter Lane, LLC (Case No. MLP2017-00007). In the original Urban Forestry Plan, the applicant proposed to plant four (4) street trees; however,the applicant now proposes to pay a fee in-lieu of planting the street trees. APPLICANT: Porter Lane,LLC Attn:Jeffrey T. O'Brien 14115 SW Mistletoe Drive Tigard, OR 97223 OWNER: Same as applicant LOCATION: 10965 SW Errol Street;WCTM 2S103AA,Tax Lot 1000 ZONING DESIGNATION: R-4.5: Low-Density Residential Zone. The R-4.5 zone is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.520 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. UFR2018-00002 Porter Lane,LLC—Urban Forestry Plan Modification 1 SECTION III. BACKGROUND INFORMATION Site Information: In November 2017, the City of Tigard Planning Division approved a three-lot Minor Land Partition (Case No. MLP2017-00007) on the subject property (10965 SW Errol Street;WCTM 2S103AA,Tax Lot 1000). During the Minor Land Partition review, the applicant proposed to construct half-street improvements,including a sidewalk and planter strip. However,after the land use decision was issued,the applicant was approved to pay a fee in-lieu of street improvements.Accordingly,because the sidewalk and planter strip are no longer being constructed,the applicant now proposes to also pay a fee in-lieu of planting four (4) street trees that were shown on the original Urban Forestry Plan. The subject property is zoned Low-Density Residential (R-4.5). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Chapter 18.520 Urban Forestry Plan: 18.520.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements.An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect)or a person that is both a certified arborist and tree risk assessor(the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; The applicant was originally approved for a Type II Minor Land Partition. Accordingly, the applicant is not required to submit an Urban Forestry Plan that was coordinated and approved by a landscape architect, or a certified arborist and tree risk assessor. Instead, the applicant has provided data to demonstrate compliance with effective tree canopy cover and soil volume requirements.This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual; A revised tree preservation and removal site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A revised tree canopy site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. In addition,the applicant has included a signature of approval and statement attesting that the revised tree canopy site plan meets all of the requirements in Section 10, Part 2 of the Urban Forestry Manual. This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. The applicant submitted a revised Urban Forestry Plan Supplemental Report. This report includes the required inventory data for existing open grown trees,as outlined in Section 10,Part 3, Subsection D of the Urban Forestry Manual. The site is zoned R-4.5; accordingly, the minimum required effective tree canopy for the entire site is 40 percent,and 15 percent per lot (Section 10,Part 3, Subsections N and 0 of the Urban Forestry Manual). Through the supplemental report, the applicant demonstrates how the UFR2018-00002 Porter Lane,LLC—Urban Forestry Plan Modification 2 effective tree canopy for the entire site is over 40 percent, as well as over 15 percent for each lot. This standard is met. 18.520.070 Modification to the Urban Forestry Plan Component of an Approved Land Use Application A. Approval process. Except as exempted in Subsection 18.520.070.B, an application for a modification to the urban forestry plan component of an approved land use shall be processed through a Type I procedure, as provided in Section 18.710.050, using the approval criteria in Subsection 18.520.070.C. The applicant proposes to modify the Urban Forestry Plan approved under the Minor Land Partition for Porter Lane, LLC (Case No. MLP2017-00007). In the original Urban Forestry Plan, the applicant proposed to plant four(4) street trees;however,the applicant now proposes to pay a fee in-lieu of planting the street trees. Payment of a fee in-lieu of planting is not is not exempt from the Type I Urban Forestry Plan Modification,and is subject to the approval criteria outlined below. C. Approval criteria. The approval authority shall approve or approve with conditions the modification to the urban forestry plan component of an approved land use application when all of the following are met: 1. The project arborist or landscape architect has provided a report and statement certifying that the previously approved urban forestry plan did not account for the circumstances that lead to the proposed modification; The applicant has provided a revised report and statement certifying that the previously approved Urban Forestry Plan did not account for the circumstances that led to the proposed modification. During the review for Case No. MLP2017-00007, the applicant proposed to construct half-street improvements, including a sidewalk and planter strip. However, after the land use decision was issued, the applicant was approved to pay a fee in-lieu of street improvements. Accordingly, because the sidewalk and planter strip are no longer being constructed, the applicant now proposes to also pay a fee in-lieu of planting four (4) street trees that were shown on the original Urban Forestry Plan. The applicant has submitted a revised Urban Forestry Plan Supplemental Report, which demonstrates how the development will continue to meet the minimum required effective tree canopy for the R-4.5 zone. This criterion is met. 2. The project arborist or landscape architect has provided a report and statement certifying that there is no practicable alternative to the proposed modification; and The applicant has provided a revised report and statement certifying that there is no practicable alternative to the proposed modification. This criterion is met. 3. The project arborist or landscape architect demonstrates through a revised urban forestry plan, compliance with Section 18.520.030. (Ord. 17-22 §2) The applicant submitted a revised Urban Forestry Plan and supplemental report that demonstrate compliance with '1'DC 18.520.030, including tree preservation, protection, and canopy standards. This criterion is met. CONCLUSION: As demonstrated in the analysis above, the proposed modification to the Urban Forestry Plan Component of the approved Porter Lane, LLC Minor Land Partition meets all applicable approval criteria. UFR2018-00002 Porter Lane,LLC—Urban Forestry Plan Modification 3 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owner Final Decision: A Modification to the Urban Forestry Plan Component of an Approved Land Use Application 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 is not appealable locally,and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 23, 2018 AND BECOMES EFFECTIVE ON APRIL 24, 2018 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. April 23,2018 APPROVED BY: Lina Smith UFR2018-00002 Porter Lane,LLC—Urban Forestry Plan Modification 4 .��_ ' 1 TREE PROTECTION NOTES: \��` PF �.�"* I 1. TREE PROTECTION ZONE.THE TREE PROTECTION ZONE(TPZ)SHALL BE ��� '~""-.''''''''..••-. --*.---.-..........._., y ESTABUSHED AT NE DRIPUNE OF PROTECTED TREES AS A MINIMUM.IF � �`+'�. . INFRASTRUCTURE MUST BE INSTALLED CLOSER TO PROTECTED TREES,THE TPZ I'i► ., x MAY BE ESTABUSHED WITHIN THE DRIPUNE AREA IF THE PROJECT ARBORIST ,/ QN I DETERMINES NAT NE TREES WILL NOT BE UNDULY DAMAGED.NE :// of,/P``� =� CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH THE PROJECT ARBORIST N j-� • rr`'"'",....,,,,,:\ _ ' PRIOR TO WORKING BENEATH PROTECTED DRIPUNES. I EXPIRES 6/30/2019 I \ x 2. PROTECTION FENCING.ALL TREES TO BE RETAINED SHALL BE PROTECTED BY 1 /i 3\(-.; \\ \ 5-FOOT TALL METAL FENCING UNLESS OTHERWISE APPROVED BY THE OTT i ��z I' MANAGER OR DESIGNEE.PROTECTION FENCING SHALL BE SECURED TO STEEL `�z Y ` o POSTS PLACED NO FURTHER THAN 8-FEET APART AND SHALL BE INSTALLED . (9 o 6 \\\ ��a �� / AT THE EDGE OF THE TPZ. » Z u I =UtA _.,'.28 \ \ 3. PRECONSTRUCTION CONFERENCE.THE PROJECT ARBORIST SHALL BE ON SITE w `w �,rl�111r'1, � ;� /, TO DISCUSS METHODS OF TREE REMOVAL AND TREE PROTECTION PRIOR TO .g 0 4111 /�N� N ``;;:k;�' r/ ANY CONSTRUCTION. (X Y i ��- �� N\ � l,.i�,%ys �j 27 4. PRUNING.THE PROJECT ARBORIST CAN HELP IDENTIFY IF AN WHERE PRUNING 4 m- \' 41....",_j � � . o#,,,:o..- 41,---#, - -- IS NECESSARY ONCE TREES PLANNED FOR REMOVAL HAVE BEEN REMOVED AND �. w m I '~ . • ,� \\ 4.00' I� SITE IS STAKED AND PREPARED FOR CONSTRUCTION.PRUNING SHALL BE o r� 32 �: _ 26 I' / i� �, �� �%4 4'I'� ��C�I� PERFORMED BY A OUAUFlEO TREE SERVICE. Z ,N . `` `�� 1� �����, )1,t04 .014---,;�• 5. TREE PROTECTION ZONE MAINTENANCE.THE PROTECTION FENCING SHALL NOTN) I .` �,Q��,,1 �•� BE MOVED,REMOVED,OR ENTERED BY EQUIPMENT EXCEPT UNDER DIRECTION C7 ♦�,I r__:r: 1; OF THE PROJECT ARBORIST. z u� u �����Ci+�'st yes` 6. STORAGE OF ANY MATERIAL OR EQUIPMENT.THE CONTRACTOR SHALL NOT ,l, o #4*7 Ir~*�'`�Sy�Jy'•► STORE MATERIALS OR EQUIPMENT WITHIN THE TPZ. o A � ��v:=� - 24 7. EXCAVATION.EXCAVATION BENEATH PROTECTED TREE DRIPUNES SHALL BE 6 o I ���� + ` AVOIDED IF ALTERNATIVES ARE AVAILABLE.IF EXCAVATION IS UNAVOIDABLE, N // THE PROJECT ARBORIST SHALL EXCAVATE THE PROPOSED EXCAVATION TO 2 I /,33 I \\ DETERMINE METHODS TO MINIMIZE IMPACTS TO TREE.ALL CONSTRUCTION v'' `� _ ,.�r��x f TECHNICAL SUPERVISIONBENEATH THE DRIPLINE OF OFPROTECTED THE PROJECTES SHALL ARBORIST. BE UNDER THE ON-SITE + i.Notiii`"_erelIMIN I ' A e--#0 7 ' ' 8. LANDSCAPING.FOLLOWING CONSTRUCTION AND WHERE LANDSCAPING IS •—` �� DESIRED,APPLY APPROXIMATELY 3-INCHES OF MULCH BENEATH THE DRIPUNE IMP' 41,* 1�kj���+ } f ;�' 1010(\+ OF PROTECTED TREES,BUT NOT DIRECTLY AGAINST TREE TRUNKS.SHRUBS I ,,� I+ AND GROUND COVERS MAY BE PLANTED WITHIN TREE PROTECTION AREAS.IF ��� ,,,11 34—� 1 ,, !/ �W IRRIGATION IS USED,USE DRIP IRRIGATION INSTALLED AT NATIVE GRADE(NO h a TRENCHING)ONLY BENEATH DRIPUNES OF PROTECTED TREES. 9. TREE PROTECTION INSPECTION.THE PROJECT ARBORIST SHALL INSPECT AND `��� I,y .. /+1��.�.` '`� VERIFY THE LOCATION OF PROTECTION MEASURE PRIOR TO CONSTRUCTION, +� /Ii�r�� I ` �` MONITOR TREE PROTECTION MEASURES REGULARLY,AND PROVIDE BIWEEKLY O �.�� �,000 ' Nil l‘ WRITTEN REPORTS TO THE CITY DURING PERIODS OF ACTIVE CONSTRUCTION. CID YI��.. 3 5 '; ( 40f. ', 10. FINAL REPORT.AFTER THE PROJECT HAS BEEN COMPLETED,THE PROJECT H z �.,,t I,�►.,4J� I l ARBORIST SHALL PROVIDE A FINAL REPORT THAT DESCRIBES THE MEASURES ~J I 1 NEEDED TO MAINTAIN AND PROTECT THE REMAINING TREES. I� �-1 36 11. PRIOR TO STREET TREE PLANTING,LANDSCAPE CONTRACTOR SHALL EXCAVATE H W -,- ( TO A DEPTH OF 36-INCHES AND BACKFILL WITH AMENDED TOPSOIL.TOPSOIL �\ I I AMENDMENTS SHALL BE DETERMINED BY THE LANDSCAPE CONTRACTOR. LtJ • 12. IRRIGATION TO BE DESIGNED/BUILD BY THE LANDSCAPE CONTRACTOR. LLI , 3 7 I — — • �� 13. NEW TREES NAT ARE PLANTED TO MEET THE EFFECTIVE CANOPY ^� z ).`' — r , 22 / REQUIREMENTS SHALL CONFORM TO THE APPLICABLE STANDARDS IN THE 0.1 (n 0 \\\.\\\ \\ \ \\\\\ �� TIGARD URBAN FORESTRY MANUAL.THEY SHALL BE PLANTED IN ACCORDANCE J W I \\\\\\\\\\\\\\\ I =. WIN THE AMERICAN NATIONAL STANDARDS INSTITUTE(ANSI)STANDARDS FOR O -I LU ' \\\\\\\\\\\\\\\\ I I �� �� TREE PLANTING(A300,PART 6)AND ADDITIONAL STANDARDS ADOPTED BY HO THE OREGON LANDSCAPE CONTRACTORS BOARD.NURSERY STOCK SHALL MEET p I I `\\\\\\\\\\\\\\\, I �`� 21+�� THE REQUIREMENTS OF THE AMERICAN ASSOCIATION OF NURSERYMEN FOR W r1 w Q ' 38 POSS BLE , NURSERY STOCK(ANSI 260.1}FOR GRADE NO.1 OR BETTER.DOUBLE STAKE i��lTREES IF NEEDED FOR STABILITY DURING THE ESTABLISHMENT PERIOD.POSSIBLEI \ J• 1 IFUTURE14. SEE SHEET R5.0 FOR ADDITIONAL TREE INFORMATION :n i- FUTURE I I HOUSE VrAW014.-..--/,‘ ; !�i:` �.'•�� E� ~ HOUSE LOCATION �I,'� ;yroallt j � LEGEND U1 °i I 0 I LOCATION \ .�� .4•404/4 '+ V�� ►-I ik �k 4�'�,�, I /►d '�'!:': • '%';ice 1 ►-� �� 4 .: 'A ',♦'/''� / ' t �►� _.'4r_ EXISTING CONIFEROUS TREE AND TREE NUMBER Mg ♦�_ ��' ��1i�. V.* � XX Q = -_. �►� �•..� �!'1fItW> r lit,• I — 0416Q.�. r;� 18 /V..r L - -_ , rte. ;,— 't_afral1 k ���+ nni! '�'���111r� �,:;�1 0. EXISTING DECIDUOUS TREE AND TREE NUMBER I z x x x- xr-- p '-'7111111111111111117,014510,11.104C 0:4 � 1C;�4\ ® EXISTING TREE TO BE REMOVED F�-I I V�. . ►1S. ..� 1, // , 414 ,\\ Alloll /r .rt A' ��' i ® EXISTING TREE TO BE REMOVED .� , k UNDER SEPARATE PERMIT :: \ 1 f._....... 4_39, �` 401 }'•1 I IPROPOSED CANOPY TREE 1 ` r —I iTREE PRESERVATION II® % -- Mc 11 1 • ,�t��%, a TREE PROTECTION FENCING AND CANOPY PLAN I / I :r .. ,441* / I I DATE: 02/21/2018 II1 I ///////////n _\ 14 I I • I I �I I CITY OF TIGARD DRAWN: DSE I CHECKED: CNH I \11 I Approved y Panning I REVISIONS: 1---4-1)');(.,, - - 42 �• 43 -- — -- +--�-- ' --- I .23 l�- , „ow :, 1.4date:[ ---. - y 11 1 - - _� --- - -�--11101 S xo.e.ALL revere nesemE° I OF AN ENOPEERM PIG AND ARE NOT TO OE Ia P , ,� - _ _ `� - - - - - - - 12 . -- -- -- /��J WRITTEN Pf V 6ABO CED N —— ——— `. -- — --e— — — _ - - — — — — / _ - f Mme,EXCEPT WOAAA N THE mon NC W , .0--e,:,..,• 6\ \\ • al( NORTH SHEET , . , . __ ,___ Z —___ — - �\-- 1 ------ 0R5.1 GRAPHIC SCALE — 1+i50 — 2100 __L+_.1-50 3+0�_ _ 0 ° ° •0 -r - _ "_,(2.c____:, — - —T- — — — —+ — _ - - - - - - ' ` - (IN FEET 'ti. 1 Inoh-10 limit JOB NUMBER: v'- Al 71 2 8.11 04/19/2018 - PERMIT UPDATE go2 RECE \1ED City of Tigard APR 16 2018 ~111 COMMUNITY DEVELOPMENT DEPARTMENT . CITY OF TIGARD Minor Modification I ApT16W' TIGARD PRO OSAI.tS,UMMARY (Brief d iption) REQUIRED SUBMITTAL MO d(7 ( " i (' 4rti!-C‘,44/V\e5 ,L'1 C) ELEMENTS '/ �Silqwner's Signature/Written ('A� 0 • �Urb . NlYr ria pp ) uthorization V��_"`"'��� 1)1 �� ikitUl`Pf i, 3 y Jc 1S' I- le Transfer Instrument or Deed e8-' dluvoiip "�-c k lite Plan(2 large plans drawn to scale s 1 and one reduced to 8.5")(111/2") ,, applicant's Statement/Narrative Property address/location(s): 1 Oo ! (2 copies)Address criteria in: DC 18.780.040.B Tax map and tax lot #(s): 2-516 3a4A U loco % Filing Fee RFU 00(4 Site size: i ti�q [�n aye/Dnp / FOR STAFF USE ONLY Case No.:_ lam( 01 —�it-� Applicant`: E-6(4(ic dA _ � Related CaseNo.(s ) Address: 14 iJt {sl- , i • Application Fee: 30 3 City/state: .e ; I, . Zip:,. '7 7),�-3 Application accepted: Phone: T - . -7 '0Y ail: all . I / (,) . "r4' • i t F By: S w u Date: /0 Application determined complete; PROPERTY OWNER/DEED HOLDER(S)+ X.Samc a \ppliranl 1C Date: �� Name: By: C / /�j I:\Co mm u n ityD evelo pm a nt\La n d UseAp p li ca do n s\02_Fo rmsa nd Templates\Land Use Applications Rev.12/14/2017 Address: City/state: Zip: _ * When the owner and the applicant are different people,the applicant must be the Contact name: purchaser of record or a lessee inpossession Phone number: with written authorization from the owner or an agent of the owner.The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. APPLICANT'S STATEMENT The applicant's statement must include a summary of the proposed changes. Criteria in either 18.780.040(B) or 18.740.020(B) (2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. Other requirements of this title such as clear vision,solid waste storage,non-conforming situations, signs,and tree removal may also be applicable depending on the type and location of the proposed modifications. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 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. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate anv 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,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. SIGN' URES ofif ach owner of the subject property required. I / � ` f / LMt'rS �1.v1 r' cant's sign/Tarr Print name Dat 11111411.1_1/--- - ___ t((r ()brit Ow.- s Si. Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip: City/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2017-020238 RECORDING REQUESTED BY: D-OW 03/13/2017 12:46:41 PM gg TICOR TITI E: $15.00$11 00$5 00 520 CO$403.00 $454.00 I,Welted ftobemicht.DI WSW of A cunt and Tacauon and En. 4800 SW Meadows Rd.,Ste 300 Officio County Clue for Washington County.Oregon,do nfreby Lake Oswego,OR 97035 certify that the within Instrument of w,inng was received and »cowed In the boos of records of cold eaunty GRANTOR'S NAME: Richard Hobemichl,Director of Assessment and Taxation,Ex-Officio Kathleen M.Lehman GRANTEE'S NAME: Porter Lane,LLC,an Oregon limited liability company AFTER RECORDING RETURN TO: Order No.: 36261700782-MY Porter Lane,LLC,an Oregon limited liability company 14115 SW Mistletoe Drive Tigard,OR 97223 SEND TAX STATEMENTS TO: Porter Lane,LLC,an Oregon limited liability company 14115 SW Mistletoe Drive Tigard,OR 97223 APN: R0469424 10965 SW Errol Street,Tigard,OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE CN) STATUTORY WARRANTY DEED C° dKathleen M. Lehman, who acquired title as Kathleen McCarthy Lehman who also appears of record as n Kathleen Lehman,Grantor,conveys and warrants to Porter Lane,LLC,an Oregon limited liability company, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth r below,situated in the County of Washington,State of Oregon: 3 SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FOUR HUNDRED THREE THOUSAND AND NO/100 DOLLARS($403,000.00). (See ORS 93.030). ASubject to: SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF G BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE CC C) SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 1=— TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, , CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS d INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN c VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING m THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH °C THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. Dated: '' rf j\a in Kathleen M.Lehman State of cfi./Ir-,-.,;,-/ County of ,/f,Ut.7"112!/i''fi- This instrument was acknowledged before me on,nithk,7' /3- fo,/1 by Kathleen M.Lehman. ,-. ",,e./' 7V, Nota Public-State of n 4.:►,. OFFICIAL STAMP FLOYD LOVE GRANT ` BCREt30N My Commission Expites' —7 3--;1.-(-) \, ,,/ NOTAACOMMIY8SiOPUNLIfaO.-09:7061 MY COMMISSION EXPIRES MARCH 03,2020 Deed(Statutory Warranty).Legal OR01388 doc I Updated:02.08 17 Page 1 OR-TT-FNIP-02743 473633-38261700782 This is a summary of the proposed changes to the Urban Forestry Plan for case number MLP2017-0007 1. Trees #12, 13 and 38 are being char jed from "to be removed" status to "preserve" status. 2. We will not be planting 4 street trees Explanation: 1. Trees #12 and 13 were originally to be removed because they were in the path of the required street improvements. These improvements are no longer required thus these two trees no longer have to be removed. Tree #38 was listed to be removed but b request of a neighbor, that tree is now to be preserved. 2. The proposed planting of 4 street trees is no longer part of this Urban forestry plan due to the fact that street improvements will not be implemented. The payment of a fee in lieu of planting street trees will satisfy the street tree planting requirements per Tigard Municipal Code and the Urban Forestry Manual. The Fee to be paid in lieu of planting 4 street trees is $2,264.00. Per Tigard City Code requirements: This application meets the approval criteria for modifications to the Urban Forestry Plan components of an approved land use permit. As stated in the previously approved Urban Forestry report, trees 12 and 13 would be preserved if street improvements were not required. Preservation of tree #38 was something that was not planned on but became necessary after approval. There is no practical alternative to not preserving these trees. note: The above modifications have been upd ted in the Urban Forestry Supplemental Report, Attachment B and Attachment A respectfully submitted by Traci Bridges, ,iwner Representative Porter Lane LLC. URBAN K ) kESTkY PLAN Modified Supplemental Report April, 2017 10965 : W Errol Street Tigard , Oregon 97223 Table of Contents Purpose 1 General Description 2 Effective Tree Canopy Cover 3 -includes Fee in Lieu of calculations Specifications .4 A. Tree Protection Specifications 5 B. Soil Characteristics and specifications for improvement 6 Enclosures- Attachment A: Existing Tree Inventcy Data Attachment B: Effective Tree Canop;i Cover Summary Not Applicable- Existing Stand Inventory Data Planted Stand Inventory Stand Planting Specifications 1 Purpose This Urban Forestry Plan for 10965 SW Errol Street 3 Lot Partition Project located in a R-4.5 zoning district in Tigard, Oregon, is provided pursuant to the City of Tigard Urban Forestry Manual. This report describes the existing trees located on the project site, provides recommendations for tree removal, retention and protection and describes the effective tree canopy cover needed to meet City requirements. This report is based on observations made by the homeowners. General Description The site is a developed lot of .69 acre 3 containing one residential dwelling. The project proposes to create 2 additional lots a to be accessible from SW Errol Street which is a Public Street. The existing home will be retained. The two newly created Parcels will be sold for development, no new residential dwellings will be built at this time. In all, 34 trees measuring 6 inches in iiameter were inventoried, including 12 different species. A complete description of individual trees on the project site is included in the enclosed existing tree inventory data (Attachment A). Tree Removal and Protection Pha_ 3s (1 & 2) Phase 1 Phase 1 will be carried out by the current applicant, completing the requirements for this Land Use Application. This phase includes tree care on Parcels 1, 2 and 3. Tree Removal A Total of 4 trees will be removed. Trees #'s 39, 40,11 and 43. Tree Protection 1 on site tree will need tree protectiol fencing. (#42) During the construction of Street Imp. Dvements, protective fencing should be installed at the dripline of the protected tree at a minimum where feasible. Otherwise, protection fencing should be installed at the limits of proposed work and construction activity beneath protected tree drip lines should be carefully monitored. The contractor should be responsible for coordinating with the homeowner and Mountain View Tree Service prior to any work that proceeds under protected tree drip lines. Any work that may be necessary within the dripline area should be monitored by the homeowner and Mountain View Tree Service. Regula:r reports documenting this supervision will be sent to the contractor and the City. 2 *Phase 2: Parcel 1 and 3 are to be sold. Phase 2 lot specific Tree Removal and Preservation will be carried out the purchasing developer, not the current owner. Phase 2 Tree Removal and Protection Plan listed below is subject to change. Compliance with requirements will be the responsibility of said developer. Requirements will be specifically applicable to building, driveway and landscape design Plans as well as City Urban Forest Manual Requirements. Due to potential for Parcel 1 and 3 to be sold separately, Phase 2 will be broken down by lot. *These are speculations only and are subject to change. The purchasing Developer of said lot will be responsible to meet the Tree Removal and Preservation Plan Requirements when applying for a 3uilding Permit. Until that time we can only speculate what trees might require removal or protection. Parcel 3: Tree Removal 4 on site trees to be removed due to onstruction.* (#15,16,17,18) Tree Protection 4 on site trees will most likely need p )tective fencing during construction if they are able to be kept. (#19,20,21,22) Protective fencing should be installed at the dripline. If necessary, protective fencing could be placed at the limits of the proposed work and construction activity beneath protected tree drip lines and should be carefully monitored. Due to the size of these trees, the developer may want to hire a certified arborist to monitor that construction. Parcel 1: Tree Removal Tree Protection 6 on site trees need protective fencing during construction. (#38, 37,36,35,34,33) Protective fencing should be installed at the dripline. If necessary, protective fencing could be placed at the limits of the proposed work and construction activity beneath protected tree drip lines and should be carefully monitored. Due to the size of these trees, the developer may want to hire a certified arborist to monitor that construction. Parcel 2- No additional tree removal or protect )n measures required. Existing home will remain. 3 Effective Tree Canopy Cover The summary of the effective tree canopy cover by lot and across the overall development site is included as Attaciment B. No street trees will be planted. A fee in lieu of will be paid. That fee is $566 per tree to cover the cost of planting a tree and maintaining it for 3 years. For the total of 4 street trees the fee in lieu of that will be paid is $2,264.00 The table below provides a summary of the effective tree canopy cover by lot/tract and demonstrates the overall 40% Parcei Tree Canopy Coverage and 15% minimum effective tree canopy cover per lot/tra ;t requirement for the R-4.5 zoning district is satisfied. Lot Number Lot Size (sq.ft) Effective Tree Canopy Effective Canopy Area (sq.ft) Cover (%) Lot 1 10101 7,067 8,323 x a2 82% /L1 /4 Lot 2 10,515 2,818 Lot 3 8,413 12,281 13,669 1 02c/ TOTAL 29,029 2-2466 24,810y.,2, 7-69k 86% Al D o Note: This Table does not include the multipliers for Native and Preserved Existing trees. The purpose of this was to show that the Existing Tree Inventory to be Preserved meets the Effective Tree Canopy Coverage requirements. The overall development site is 29,029 square feet and has 24,810 square feet of effective tree canopy cover or 86%. The minimum required effective tree canopy for the overall development site is 40%; therefore, the effective tree canopy cover requirement for the overall development site is met. Each Lot also has an Effective Canopy Cover over the required minimum of 15%; therefore, the effective tree canopy cover requirement per lot is also met. 4 Specifications A. Tree Protection Specifications 1. Tree Protection Zone. The Tree Protection Zone (TPZ) shall be established at the dripline of the protected trees as a minimum. If infrastructure must be installed closer to protected trees, the TPZ may be established within the dripline area if the trees wi not be unduly damaged. The contractor is responsible for coordinatin with the homeowner prior to working beneath protected tree driplines. M iuntain View Tree Service can be consulted if the need arises. 2. Protection Fencing. All trees to be retained that are in an area deemed as a construction zone shall be protected by 5-foot tall metal fencing unless otherwise approved by the city manager. Protection fencing shall be secured to steel posts placed no further than 8 feet apart and shall be installed at the edge of the TPZ. 3. Preconstruction Confere ce. The project arborist shall be on site to discuss methods of tree removal and tree protection prior to any construction. Tree removal will be conducted by Mountain View Tree Service. 4. Pruning. Mountain View T-ee Service will identify if and where pruning is necessary for any of the reinaining trees left on site. 5. Tree Protection Zone Maintenance. The protection fencing shall not be moved, removed, or enter€ i by equipment except under the direction of Mountain View Tree Service. 6. Storage of Material or Equipment. The contractor shall not store materials or equipment within the TPZ. 7. Excavation. Excavation beneath protected tree drip lines shall be avoided if alternatives are available. If excavation is unavoidable, Mountain View Tree Service shall evaluate the proposed excavation to determine methods to minimize impacts to trees, All construction beneath the dripline of protected trees shall be under the supervision of Mountain View Tree Service. 8. Surfacing. Where surfacing is proposed within the TPZ, Mountain View Tree Service will recommend adjustments to protection fencing. Avoid excavation and use a modified profile to build up from existing grade (Figure 1). This profile includes a layer of permeable geotextile fabric on the ground surface and crushed rock to raise the grade as needed. Surfacing may include asphalt, concrete, or other materials. 5 1 Figure 1. surfacing dea n tt+em�hed rock 2"+ no fine abr - amble to air andwater native slog-remove Utter - • no excavation arkhdn root area Figure 1 profile fcr ureas within Critical Root Zones Depth of rock is cetye ra?on gradin `echr,que b �,ed on best rr a *t practices 9. Landscaping. Following construction and where landscaping is desired, apply approximately 3-inches of mulch beneath the dripline of protected trees, but not directly against the tree trunk. Shrubs and ground covers may be planted within tree protection areas. If irrigation is used, use drip irrigation installed at a native grade (no trenching) only beneath the drip lines of protected trees. 10. Tree protection inspection. The homeowner and Mountain View Tree Service shall inspect and verify the location of protection measures prior to construction, monitor tree protection measures regularly, and provide weekly written reports to the City during periods of active construction. 11. Final Report. After the project has been completed, the homeowner shall provide a final report that describes the measures needed to maintain and protect the remaining trees. Signature of Approval We hereby attest that, to the best of our knowledge: • The attached Tree Preservation and Removal site plan meets all the requirements in Section 10, Part 1 of the Urban Forestry Manual. • The Attached Tree Canopy site plan meets all of the requirements in Section 10 part 2 of the Urban Forestry Manual; and • This Supplemental Report meets all of the requirements in Section 10, Part 3 of the Urban Forestry Manual. Thank you, Porter Lane, LLC 4( Traci Bridges, Owner Representative 503-709-2766 6 EXISTING I REE IN VENTURA I0965 SW ERROL ST PARTITON PROJECT NOTE: HIGHLIGHTED NUMBERS=MODIFICATION MADE AS OF 4/20I8 No. Lot Common Species Name DBH C- Canopy 0/S HT Cond Pres Comments Treatment Name Rad 11 3 Cherry p.emarginata 21 n/a n/a 0 N 1 1 Nuisance Tree Remove- Nuisance Tree 12 3 Western Red thuja plicata 23 11 578 0 N 3 3 Native Tree- Preserve (if new dwelling Cedar needs limb clean construction allows) up and thinning 13 3 Western Red thuja plicata 34 15 810 0 N 3 3 Native Tree- Preserve (if new dwelling Cedar needs limb clean construction allows) up and thinninn 14 3 Western Red thuja plicata 33 4 150 0 N 3 3 Native Tree- Preservation fencing and Cedar needs limb clean monitoring during up and thinning construction recommended 15 3 Tulip Liriodendron 46 n/a n/a 0 N 2 2 Native Tree- Remove for Lot 3 new needs limb clean construction up and thinning 16 3 Cedar juniperus virginiana 40 n/a n/a 0 N 2 2 Remove for Lot 3 new construction 17 3 Hemlock Tsuga heterophylla 71 n/a n/a 0 N 2 2 Remove for Lot 3 new construction 18 3 Hemlock Tsuga heterophylla 62 n/a n/a 0 N 2 3 Remove for Lot 3 new construction 19 3 Hemlock Tsuga heterophylla 28 11 570 0 N 2 2 Native Tree- Preserve (if new dwelling needs limb clean construction allows) up and thinning ATTACHMENT A PAU 1 EXISTING I KEE IN VEN'I'UKY I0965,SW ERROL ST PAR.TITON PROJECT NOTE: HIGHLIGHTED NUMBERS=MODIFICATION MADE AS OF 42018 No. Lot Common Species Name DBH C- Canopy 0/S HT Cond Pres Comments Treatment Name Rad 20 3 Hemlock Tsuga heterophylla 55 12 679 0 N 2 2 Native Tree- Preserve (if new dwelling needs limb clean construction allows) up and thinning 21 3 Hemlock Tsuga heterophylla 59 20 1,885.5 0 N 2 3 Native Tree- Preserve (if new dwelling needs limb clean construction allows) up and thinning 22 3 Smooth Crataegus Iaevioata 29 24 1.810 0 N 2 2 needs trimming Preserve (if new dwellina r-iawtnorn ana limb clean construction allows) up 23 3 Leyland Cupressocyparis 17 14 616 0 N 3 2 Possibly remove Preserve with protective Cypress leylandii to give#24-27 fencing if needed more space/sun 24 3 Western Red thuja plicata 62 22 1,521 0 N 3 3 Native Tree Preserve with protective Cedar fencing if needed 25 3 Western Red thuja plicata 61 24 1,810 0 N 3 3 Native Tree Preserve with protective Cedar fencing if needed 26 3 Doug Fir pseudotsuga 68 18 1,018 0 N 3 3 Native Tree Preserve with protective menziesii fencing if needed 27 3 Doug Fir pseudotsuga 74 13 530 0 N 3 3 Native Tree Preserve with protective menziesii fencing if needed 28 3 & 2 Hemlock Tsuga heterophylla 87 21 2,078 0 N 3 3 Native Tree- Preserve with protective needs limb clean fencing if needed up and thinning ATTACHMENT A PAGE EXISTING 11{.EE IN VEN'I'OKY I0965,SW ERROL ST PARTITON PROJECT NOTE: HIGHLIGHTED NUMBERS=MODIFICATION MADE AS OF 4/20I8 No. Lot Common Species Name DBH C- Canopy 0/S HT Cond Pres Comments Treatment Name Rad 29 3 & 2 Leyland Cupressocyparis 27 14 616 0 N 2 2 Preserve with protective Cypress leylandii fencing if needed 30 2 Leyland Cupressocyparis 36 16 804 0 N 2 2 Preserve with protective Cypress leylandii fencing if needed 31 1 & 2 Cherry Prunus Avium 86 22 1,521 0 N 2 2 needs trimming Preserve with protective and limb fencing if needed assessment 32 1 Redwood Sequoia 84 15 707 0 N 3 3 needs trimming Preserve with protective and limb clean fencing if needed up 33 1 Redwood Sequoia 103 25 1,963 0 N 3 3 needs limb clean Preservation fencing and up and thinning monitoring during construction recommended 34 1 Redwood Sequoia 91 18 1,018 0 N 3 3 needs limb clean Preservation fencing and up and thinning monitoring during construction recommended 35 1 Redwood Sequoia 94 10 314 0 N 3 3 needs limb clean Preservation fencing and up and thinning monitoring during construction recommended 36 1 Redwood Sequoia 118 27 2,290 0 N 3 3 needs limb clean Preservation fencing and up and thinning monitoring during construction recommended 37 1 Western Red thuja plicata 78 5 15 0 N 2 3 Native Tree- Preservation fencing and Cedar needs limb clean monitoring during up and thinning construction recommended ATTACHMENT A PAGE 3 EXISTING 1 REE IN VENTURA I0965,SW ERROL ST PARTITON PROJECT NOTE: HIGHLIGHTED NUMBERS=MODIFICATION MADE AS OF 4/20I8 No. Lot Common Species Name DBH C- Canopy 0/S HT Cond Pres Comments Treatment Name Rad 38 1 Hemlock Tsuga heterophylla 67 19 1,256 0 N 3 3 Native Tree Preservation fencing and monitoring during construction recommended 39 1 Cherry Prunus Avium 35 n/a n/a 0 N 1 1 Nuisance Tree Remove- Nuisance Tree as well as in poor condition 40 1 Cherry Prunus Avium 49 n/a n/a 0 N 1 1 Nuisance Tree Remove- Nuisance Tree as well as in poor condition 41 2 Silver Maple acer saccharinum 44 n/a n/a 0 N 0 0 Remove due to proximity to existing structure 42 2 Weeping Glauca Pendula 27 9 254 0 N 3 3 specimen tree Preservation fencing and Cedar monitoring during construction recommended 43 2 Birch Betula 31 n/a n/a 0 N 1.5 1 Nuisance Tree Remove- Nuisance Tree ATTACHMENT A PAGE, i _EXISTING I KEE IN VEN'l'OKY IO965'SW ERROL ST PARTITON PROJECT NOTE: HIGHLIGHTED NUMBERS=MODIFICATION MADE AS OF 4/20I8 Tree Inventory Key DBH: Tree diameter measured at 4.5 feet above the ground level in inches C-RAD: Average crown radius measured in feet. CANOPY: Canopy area in square feet of trees to be retained with Condition and Preservation ratings>2. Calculation....Canopy=(C-Rad)2 x 3.14159. Note:Canopy Calculation also multiplied by 1.5 for any Native Trees Being Preserved. O/S: Identifies trees as either Open Grown or Stand Grown(either 0 for Open Grown or S for Stand Grown) HT: Identifies wether or not the tree is a Heritage Tree(either Y for yes or N for no) Cond: Numerical condition rating (0-3)for on site trees as defined in the Tigard Urban Forestry Manual. Pres: Numerical suitability for preservation rating (0-3)for on site trees as defined in the Tigard Urban Forestry Manual. ATTACHMENT A PAGE 5 Canopy Area(sq.ft.)of 2X Canopy Area(sq. 2X Canopy Area(sq. 1.25X Mature Mature Canopy 1.25X Mature Effective Preserved Trees ft.)of Preserved Trees Tree Canopy ft.)of Preserved Canopy Area(sq.ft.) Area(sq.ft.)of Canopy Area(sq. Canopy Parcel# Lot sq.ft. w/condition and w/condition and Stands w/condition of Native Planted Non-Native ft.)of Planted Area(sq.ft.) (Canopy Area/Lot preservation rating of preservation rating of rating of>2. Trees Planted Trees Stands per Lot Area) >2 >2 Parcel 1 10,101 8,323 16,646 0 0 0 0 16,646 165% Parcel 2 10,515 2,818 5,636 0 0 0 0 5,636 54% Parcel 3 8,413 13,669 27,338 0 0 0 0 27,338 325% Total Development 11.1 0 Site 29,029 24,810 49,620 0 0.00 0 0 4 6,296 ` 5 4% Attachment b: Ellective Tree Canopy Cover Summary �°��tcfj) Urban Forestry Plan cor 10965 SW Errol St.