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MIS2015-00005 MIS2015 - 00005 RIVER TERRACE (Area 7 ) Adequate Public Facilities Exception TYPE II DECISION Adequate Public Facilities Exception: MIS2015-0005 lig VS River Terrace (Area 7) TIGARD 120 DAYS = April 22, 2016 SECTION I. DECISION The City of Tigard Community Development Director's designee has APPROVED the applicant's adequate public facilities exception request,subject to the condition of approval listed below. The findings and conclusions on which this decision is based are included in Section V. Condition of Approval: Prior to final plat approval for the related underlying land use approval(SUB2015-00005), provide the city with the language and mechanism by which the applicant will disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees as described in the River Terrace Funding Strategy. SECTION II. APPLICATION SUMMARY File Name: River Terrace (Area 7)Adequate Public Facilities Exception File No.: MIS2015-00005 Application The applicant is requesting a Type II Adequate Public Facilities Exception for a subdivision Proposal and site in River Terrace on SW 150th Ave that currently has preliminary plat approval in order to Background meet the city's requirements for obtaining final plat approval.The applicant is not proposing any new development with this proposal beyond what was already approved by the city during preliminary plat review of the underlying subdivision.The request is administrative in nature and does not release the applicant from providing adequate public facilities to and within these sites prior to final plat approval. The applicant's request was necessary for two reasons: 1.The Tigard Community Development Code requires the adoption of specific fees prior to final plat approval. Some of these fees are to be paid by development after final plat approval. Some of these fees are to be charged to future River Terrace residents on their utility bills.The city has adopted all of the development fees but none of the utility fees.The city's delayed adoption of the utility fees does not prevent the applicant from providing the necessary facilities to and within these sites or from paying the required development fees. 2.The Tigard Community Development Code requires the city to determine whether the applicant's alternative stormwater facility,which was approved by the city during preliminary plat review of the underlying subdivision,satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. NOTICE OF DECISION MIS2015-00005/adequate Public Facilities Exception PAGE 1 OF 8 Applicant: Stacy Connery Pacific Community Design 12564 SW Main Street Tigard, OR 97223 Owner: Polygon WHL,LLC Fred Gast,Senior Vice President 109 E 13th Street Vancouver,WA 98660 Land Use: Low-Density Residential. Zoning: R-4.5:Low-Density Residential District. The R-4.5 zoning district 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 and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Location: Washington County Tax Map (WCTM) 2S10800 Tax Lots: 1500, 1501, 1504, 1505, 1506. Review Criteria: Tigard Community Development Code (TCDC) Section 18.660.030.D SECTION III. PROPERTY BACKGROUND SUMMARY Property History: The property was added to the Urban Growth Boundary (UGB)in 2002 and annexed to the City of Tigard in 2013. City zoning was applied to the property in 2015 after adoption of the River Terrace Community Plan in 2014. Property and Vicinity Information The property consists of 5 tax lots,totaling roughly 30 acres,that obtained preliminary plat approval to subdivide and develop with homes, streets,a park,and other necessary infrastructure in 2015.The file number for the underlying land use approval is SUB2015-00005.The site is located in River Terrace south of Bull Mountain Road,north of Beef Bend Road,and along 150th Avenue.The site abuts unincorporated Washington County to the east and north,which is developed to urban residential standards, and River Terrace to the west and south,which is developed to rural residential standards. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject property be notified of the proposal to give them the opportunity to discuss the proposal with staff and/or the applicant and to submit written comments prior to a decision being made. Staff mailed Notice of a Type II Proposal regarding this Adequate Public Facilities Exception on January 5,2016.Two public comments were received,and they are summarized below. • Letter dated January 10,2016 from Ed Miller: Mr.Miller wanted to know whether the City Engineer and Clean Water Services had evaluated the applicant's alternative stormwater facility and determined that it met all applicable stormwater management standards and complied with the River Terrace Stormwater Master Plan. NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 2 OF 8 Staff Response: Both the City Engineer and Clean Water Services evaluated the applicant's alternative stormwater facility for compliance with all applicable standards and the River Terrace Stormwater Master Plan during the preliminary plat review for the underlying subdivision and determined that it met Clean Water Services'water quality treatment standards and the city's newly adopted water quantity management standards,which were developed specifically for River Terrace. The River Terrace Stormwater Master Plan recommends conveyance rather than detention in this area;however, it also allows the applicant to propose and build an alternative facility provided that the applicant can demonstrate to the city's satisfaction that: • the alternative facility's design and location is approved by all applicable authorities; • the alternative facility meets the City Stormwater Design Standards; and, • the alternative facility does not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution for this area. Since the city had already determined that an alternative facility was acceptable in this location,the purpose of this land use decision is for the city to determine whether construction of the alternative facility satisfies the applicant's responsibility to contribute their proportional share of the funding for the regional system. • Letter dated January 13,2016 from Ken Thompson:Mr. Thompson requested that the city deny the applicant's Exception request because he believed that the applicant was asking to be exempted from paying all required fees and that the city was not complying with the River Terrace Stormwater Master Plan. Staff Response: The applicant is not asking to be exempted from paying any required fees.The applicant will be required to pay all applicable System Development Charges and build all necessary infrastructure to serve their site,including stormwater infrastructure. The issue at hand is whether the construction of the approved alternative stormwater facility satisfies the applicant's responsibility to contribute their proportional share of the funding for the regional system. The city has not ignored the River Terrace Stormwater Master Plan by allowing the applicant to construct an alternative stormwater facility in Strategy Area C. The chapter on Implementation,which starts on page 17, addresses the challenges and strategies for implementing a regional approach to stormwater management in all three Strategy Areas. Page 22 specifically allows for the construction of alternative facilities in Strategy Area C provided that the applicant can demonstrate to the city's satisfaction that: • the alternative facility's design and location is approved by all applicable authorities; • the alternative facility meets the City Stormwater Design Standards; and, • the alternative facility does not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution for this area. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.660.030 Provision of Adequate Public Facilities B. Approval Standard. Land use applications for subdivisions,partitions,planned developments, site development reviews, and conditional uses may be approved when the applicable standards in subsection E of this section are met by the applicant and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 3 OF 8 1. 'Transportation. A citywide transportation system development charge (SDC),a River Terrace transportation SDC,and a River Terrace transportation utility fee surcharge. 2. Sewer. A citywide utility fee surcharge. 3. Stormwater.A River Terrace stormwater utility fee surcharge. Finding:The applicant has met or will meet all applicable standards in subsection E in accordance with the conditions of approval imposed in the related underlying subdivision approval for SUB2015-00005. As for the funding components,the city adopted all of the system development charges (SDCs) listed above in April 2015 but has yet to adopt any of the utility fees for transportation,sewer, and stormwater. Since utility fees will be paid by future River Terrace residents not the applicant, the applicant submitted an Adequate Public Facilities Exception application. The city's approval of this application, as embodied by this decision, effectively exempts the applicant from having to wait for the city to adopt the utility fees listed above prior to obtaining final subdivision plat approval from the city.This approval standard is met. D. Exception. 1. An exception to one or more of the standards in subsection B of this section may be obtained through a Type II procedure as governed by Section 18.390.040. Finding: The applicant submitted the proper forms, fees, and materials for a Type II application. The city provided the proper public notice. 2. An exception shall be granted only if the applicant: a. Demonstrates that the exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum,River Terrace Water System Master Plan Addendum,River Terrace Stormwater Master Plan,River Terrace Transportation System Plan Addendum,and River Terrace Funding Strategy;and Finding: The applicant has demonstrated that the requested exception does not materially impact implementation of the various River Terrace master plans and funding strategy.The future utility fees to be adopted by the city will be paid by future River Terrace residents,not developers.The applicant, as the developer's representative,will contribute its proportionate share of the public facilities needed to serve River Terrace through payment of adopted SDCs and construction of on- and off-site public facilities as required by the underlying subdivision approval. b. Has proposed alternative(s) that ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. This may include,but is not limited to,a development agreement or reimbursement district;and Finding: Pursuant to the River Terrace Stormwater Master Plan,the city allowed the applicant to construct an alternative stormwater management facility.The applicant proposes that construction of this facility constitutes their proportional share of the stormwater facilities needed in this area based on construction costs and future performance. The applicant asserts that they built a facility that cost roughly the same amount as what the city would have required them to contribute toward building the regional conveyance system for this area as described in a report by the city's stormwater consultant, Otak Inc.,that includes detailed downstream conveyance analysis and cost estimates. The applicant NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 4 OF 8 also asserts that they built a facility that completely mitigates their site's downstream impacts so as to make any future connection to a regional system unnecessary.The City Engineer evaluated these statements against all available analysis and cost estimates and determined that they are accurate. c. Agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees or SDCs as described in the River Terrace Funding Strategy;and Finding: The applicant has agreed to disclose to each purchaser of property that it may be subject to future utility fees.As conditioned, this requirement is met. d. Executes an agreement prepared by the city agreeing that,if the new transportation SDCs described in paragraph B.1 of this section are not in effect at the time of building permit issuance,the applicant shall pay an amount equal to the SDC amount assumed in the River Terrace Funding Strategy. Finding: This requirement is not applicable since the new transportation SDCs have been adopted and are in effect. 3. An exception shall be granted only if the city finds that: a. There are adequate funding components in place for the infrastructure that is needed to serve the proposed development;and Finding: The city adopted all of the fees that will be paid by the applicant at the time of development. These fees are called system development charges or SDCs. The city prioritized the adoption of these fees over utility fees,which will be paid by residents, because development in River Terrace will naturally precede any influx of new residents. The city plans to adopt all of the utility fees required by its Adequate Public Facilities ordinance prior to any significant influx of new residents. In addition to paying all required SDCs,which will pay for needed infrastructure elsewhere in River Terrace and the city, the applicant has built or will build all of the infrastructure that is needed to serve the approved subdivision as described in the related underlying land use approval(SUB2015-00005). Therefore, the Director finds that there are adequate funding components in place at this time for the infrastructure that is needed to serve the proposed development. b. The exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum,River Terrace Water System Master Plan Addendum,River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum,and River Terrace Funding Strategy; and Finding: The future utility fees to be adopted by the city are to be charged to future River Terrace residents,not developers. The applicant, as the developer's representative,will contribute its proportionate share of the public facilities needed to serve River Terrace through payment of adopted SDCs and construction of on- and off-site public facilities as required by the underlying subdivision approval. Therefore,the Director finds that the requested exception does not materially impact implementation of the various River Terrace master plans and funding strategy. c. The proposed alternative(s) ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 5 OF 8 Finding: Pursuant to the River Terrace Stormwater Master Plan, the city allowed the applicant to construct an alternative stormwater management facility.Upon evaluation of all available analysis and cost estimates,the city has determined that the cost per home for the alternative facility is comparable to the cost per home for the regional downstream conveyance pipe and that the alternative facility is projected to reduce stormwater flow rates from the site below pre-development discharge rates based on the approved drainage report. In summary, the city has determined that the applicant built a facility that cost roughly the same amount as what the city would have required them to contribute toward building the regional conveyance system for this area.The city has also determined that the applicant built a facility that completely mitigates their site's downstream impacts so as to make any future connection to a regional system unnecessary. Therefore,the Director finds that the applicant has provided its proportional share of the funding and construction of stormwater facilities in a timely manner as identified in the River Terrace Stormwater Master Plan. SECTION VI. OTHER STAFF COMMENTS The following city departments were sent a copy of the proposal: • Community Development • City Attorney • Engineering • Finance No comments were received. SECTION VII. AGENCY COMMENTS The following agencies were sent a copy of the proposal: • Clean Water Services • Washington County Department of Land Use and Transportation No comments were received. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice of this decision was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 22, 2016 AND EFFECTIVE ON MARCH 10, 2016, UNLESS AN APPEAL IS FILED. NOTICE OF DECISION MIIS2015-00005/Adequate Public Facilities Exception PAGE 6 OF 8 Appeal: The Director's decision is final on the date that it is mailed.All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code,which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed.The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. Unless the applicant is the appellant, the hearing on Director's decision appeal shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 4:00 P.M. ON MARCH 9, 2016. Questions: If you have any questions,please contact Susan P Shanks,Senior Planner at (503)718-2454 or susansatigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. Attachment: Location Map PREPARED BY: Susan P. Shanks,Senior Planner February 22.2016 APPROVED BY: Tom McGuire DATE Asst. Community Development Director NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 7 OF 8 z 0 n Cil O _ dt_.. w j;t Zoning Map Cil W = n ■Ut - I ' _ -=PENNIE LN m �! Generalized Zoning Categories 0 alit! I a) _. _ BURGUNDY ST_ eC Legend 1,,„,..../��. _1:1o, / `. VRGUNDY CT �I �\d \ { ® Subject Site ___1(_______2____ _�r V j I i I yJ_� Zone Description m u) ` l, I Residential i i 117�r�,_` `-..�\ I .P. __ _J - Mined Use Residential i SER NET DR 1 �'\� C I 1 -Mixed Use Central Business District -Commercial I WE r -OF MIE r -r R r —■ - r� I 1 ,% Mixed Use Employment -_ _ Industrial v) 2S1 08000 • NM Parks and Recreation Ci, =080001150x I If I I `I Washington County Zoning —SOPH.IArLN_ oO - rr I 1 I Overlay Zones ,,.,„ 504 ____ HistoricnneD evel Overlay 8 /x IN Cn r! � � 1,77.:1Planned Development Overlay y ■ r■reu CDQ g R-4.� :::: =y ' oa000l C n m 08000 EIC ik 1 tilx #:,... `"9 a, I 0 Map PnnteO 04-Jan-16 0 T___ C3 NFoawnoH ON TWS IMP Is FOR GENERAL LOCATION ONLY AND SHOULD RE VERIFIED WITH THE DEVELOPMENT 7. i SERVICES DIVISION .. TA IS pEPo lD IROMW un 6OURCE6 iMECTY OF nGARD R_7 EB NO WARRANTY REPRESENTATION OROwMN EF AS TO Tn` yes so'wRRANTY EINES OR R GUARANTEE AS Tf TIS. 1 DATA PROVIDED HERE a CITY OF nOARD SNAIL ASSUME NO OABIIITY 011Ann ERROR9 MISS ONS.OR N CCURAOIE91N lot I __ OODHUE 8T Ili_ - City d Tigard w� 13125 SW Hall BLS: Feet TgarQ OR 97221 MP 0' 0 245 490 13639-4171 \� .nlgarcLor gr, 0 Cil 00 0 00 r 15194 SW Cabernet Drive 'tea i : 1.. te ., Tigard,OR 97224 bF ai64kb 3iZ5 $Ld f/ LLWL O(-E6&tJ 9 7z • • Ken Thompson • 15194 SW Cabernet Dr • • Tigard,OR 97224 • 503-590-3951 • • Ra Rare January 13,2016 Susan P.Shanks (MIS2015-00005) Dear:Ms Shanks, My position for the Polygon's Type H Adequate Public Facilities Exception is a categorical"denial of the proposal" with a substantial fine attached for not adhering to the River Terrace Stormwater Master Plan. After reading the first reason for the request multiple times I can find no clearly stated reason within that paragraph. I am guessing,but it appears that Polygon is asking for an exemption from paying any fees related to the final plat approval. If that is the case I strongly object particular after what I discovered about the second reason for the exception. If I am reading the sentence correctly Polygon has already constructed an alternative stormwater discharge detention facility on the site. Of course I know that is a fact as we have watched the alternative stormwater discharge detention facility being constructed from our home. I questioned that construction,because the alternative construction was on none of the numerous charts at the few planning meetings I was able to attend. The Notice of a Type II Proposal MIS2015-0005 really peaked my interest. I downloaded,printed,and have read numerous times the River Terrace Stormwater Master Plan. Not to my surprise the plan has been neglected by both the City of Tigard and Polygon as within this document there is no such detention facility discussed and in fact such construction is strongly discouraged within this particular area of Bull Mt. To who does the benefit of neglect go to,but the bigger questions to whom will the future damages fall upon. Reading the River Terrace Stormwater Master Plan I concentrated upon the area of our home and the Polygon construction site directly South of our home. Here are some the interesting facts I found: 1. We are in the high-flow conveyance area T9, 2. Water infiltration potential is poor,thus infiltration of stormwater is NOT recommended and flow- through type facilities with an under drain and no reliance upon infiltration of stormwater is the responsible construction, 3. Page 12 pretty clearly describes what was proposed and signed off by all parties,but has now appeared to be tossed aside by all parties, 4. Page 14 for Strategy Area C,of which the site is a part,has NO discussion of any alternative stormwater discharge detention facility. Only high-flow bypass is discussed, 5. The only out I could find to the presently constructed detention facility is on page 22. However,all the discussion is about a proposed detention facility not a constructed detention facility. The point about not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution to me implies there needs to be Type II Adequate Public Facilities Exception PRIOR to construction not an oops look what we forgot after the construction was completed. Why do elected and appointed public officials and developers even make the citizenship pay for such expensive OTAK studies and plans when they have no intention of adhering to the plans they themselves promoted and signed? How many more visible and invisible exceptions can the citizenship except over the life of this extensive development? Sincerely, ,....„..A., ge A" • - Ken Thompson Edward H.&Dorothy G.Mille. 15336 SW Burgundy Street °" • 05A Tigard,OR 97224-1181 "� �` `� 0 `^�M��• " Susan P. Shanks 13125 SW Hall Blvd. Tigard, OR 97223 VM:3 2:3— �`' 11111111,1I1ij,11,1J11r11111j11„�1j1111111t]11l1j�11IIH111111 REQUEST FOR COMMENTS Ed Miller 15336 SW Burgundy Street Portland, OR 97224-1181 503-524-0633 tranquil-energy@comcast.net January 10, 2016 Susan P. Shanks 13125 SW Hall Blvd. Tigard, OR 97223 RE: Land Use File (MIS2015-00005)—River Terrace Tax Map 2S10800 This communication provides my comments regarding the January 2, 2016 mailing associated with Land Use File (MIS2015-00005). My comments pertain specifically to the applicant's request for a Type II Adequate Public Facilities Exception: "The applicant has proposed and constructed an alternative stormwater facility for this site." As a citizen member of the River Terrace Stormwater Implementation Planning Committee overseeing the River Terrace Stormwater Master Plan(SMP), I take exception to the... "Applicant's assertion that the alternative stormwater facility satisfies their responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan." The reason for my exception is that there is no information provided to compare the "alternative stormwater facility"with the stormwater facility that would have be constructed in accordance with SMP standards. Additionally, the January 2, 2016 Notice did not include nor reference that the City of Tigard's engineer staff had assessed the adequacy of the "alternative stormwater facility"; neither was information supplied that Clean Water Services had assessed the adequacy of the "alternative stormwater facility". This particular subdivision site in River Terrace on SW 150th Avenue {See Figure 4C: Stormwater Concept Plan Diagram (Strategy Area C)} has to deal with stormwater handling via both"existing drainage-way" to the Tualatin River and diversion from T8 and T9 drainages to a high-flow pipeline flowing to the Tualatin River. Thus the stormwater facility for this site has to deal with a number of challenges that I want to ensure are well addressed. Sincerely ,09011 # /11 Edward H. Miller III CC: Kim McMillan,Assistant City Engineer {sent via email} .,, , 71 .. : TIGARD REQUEST FOR COMMENTS TO: Land Use File DATE: January 5,2016 FROM: City of Tigard Planning Division STAFF CONTACT: Susan P Shanks,Senior Planner 13125 SW Hall Blvd,Tigard OR 97223 Phone: (503) 718-2454 Email: susans(u�tigard-or.gov MIS2015-00005 Adequate Public Facilities Exception PROPOSAL: The applicant is requesting a Type II Adequate Public Facilities Exception for a subdivision site in River Terrace on SW 150`h Ave that currently has preliminary plat approval. The request is administrative in nature and does not release the applicant from providing adequate public facilities to and within this site prior to final plat approval. The request is necessary for the following two reasons: 1. The city's development code requires the adoption of specific fees prior to the city's approval of a final plat for a subdivision in River Terrace. Some of these fees are to be paid by development after final plat approval. Some of these fees are to be charged to future River Terrace residents on their utility bills. The city has adopted all of the development fees but none of the utility fees. The city's delayed adoption of the utility fees does not prevent the applicant from providing the necessary facilities to and within this site and from paying the required development fees. 2. The applicant has proposed and the city has accepted the construction and use of an alternative stormwater facility for this site.However, the city must now determine whether to accept the applicant's assertion that the alternative stormwater facility satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. LOCATION: Multiple sites in River Terrace. See map on reverse. ZONE: R-4.5 APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Section 18.660.030.D Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: January 19, 2016. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no comments or objections to it. Please contact at our office. Please refer to the enclosed letter or email. Written comments provided on the reverse: COMMENTS: Name & Contact Info of Commentor: FI----74 t-; Zoning Map Lai 7 3 - - - rZ PENNIE�LN � �' Generalized Zoning Categories �' _ 1 i I 1IIp 'J~'"---- ?p----- lY BURGUNDY T 6"� , ; 1s — f fGUND T' e 1H-----4- .. y! �---. [-II ; Zone Desonoon P2msuYenlal � I l f NET D R Mains Use Reamendal -`- CPA- TM _ -Monad Use Central Business Mstrrt 1 1111 Corttmerstal 1----j--'-' 1 �I _ am Moen Use Em{fi3ynsenE �Hmu1�NomaE�11 o. ..., .MEW 2510800.D.13,)5 Paeles and Reueatton X080001508.................•• i �� �■• OPNIA_IN�.1 ®phi rnr.CounyZmsny • ..yfllllll_111 1 I.""�.--IIIIIII'I ■ _— , i I � Overiayz.ses . .ow:: /X'Mstnt c D st et Overlay 2 10800015. •`anis t iL.)R`wnrscA Devars:era()vela). I1 I1I SIIill <, ),-----, Ililiil�; II — i / `- 2S 08000 50 I 1e • yam II i 7-4 r ; '` 1 °c \\(7.)``.-, — i SER.CFS MASI. }1 '\. Map Prated:44.larvi& PAlvANO.4,00E WNW.IN.,rt trOltetn.116. f R-T 1 } a .w,�.a a 41 if -'WOO HUE ST { 7. r-- _ f,MAII_NI:•f 4..LL<x'h�.t l`I!P.t1n.3P*= A " PfacebCob Mo<. .— __..... .._.,._.._._.........�.__.__..._.._. t"' Cay dTgard 01,...\ gill Feel ,3135 SW wti ewe r; }}s 0 245 490 + / f Tigard OR 972Y X11'},. ....witittard Of yn CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS:MIS2015-00005 FILE NAME:River Terrace Adequate Public Facilities Exception (River Terrace Area 7: Polygon at Bull Mtn) Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES X CD Administration/Kenny Asher,CD Director--via email X CD Administration/Tom McGuire,Asst CD Director--via email X Development Services/City Engineer Lori Faha--via email X Development Services/Assistant City Engineer Kim McMillan--via email X Development Services/Project Engineer Greg Berry--via email Building Division/Mark VanDomelen,Building Official Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) X Finance/Finance and Information Service Director Toby LaFrance--via email Hearings Officer(2 sets) Planning Commission(12 sets) X City Attorney--via email X File/Reference LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* City of King City City Manager, 15300 SW 116th Ave,King City OR 97224* City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* City of Portland,Planning Bureau Director, 1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center (ZCA-Adopted)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr. Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179 (Notify if ODOT R/R-Hwy Crossing is only access to land).Email:Regionl_DEVREV_Applications@odot.state.or.us ODOT,Region 1 -Development Review Coordinator Carl Torland,Right-of-Way Section,123 NW Flanders,Portland OR 97209-4037 (Vacations)* Email:Regionl_DEVREV_Applications@odot.state.or.us ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209 Email:Regionl_DEVREV_Applications@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Routing FI'RC-Attn: Renae Ferrera,POB 3621,Portland OR 97208-3621 (powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310(monopole towers) OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District, 18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37) -You have the option to send electronic copies. See DLCD website for online submittal procedures OR Division of State Lands,Melinda Wood(WLUN Form Required),775 Summer Street NE,Suite 100,Salem OR 97301- 1279 Documents should be emailed/do not send hard copies I/CURPLN/MASTERS/REQ FOR COMMENTS NOTIFICATION LIST(UPDATED 03/30/15) Page 1 of 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 US Army Corps of Engineers,Kathryn Harris,Routing CENWP-OP-G,POB 2946,Portland OR 97208-2946 (Maps and CWS letter only) Washington County Consolidated Communications Agency(WCCCA) "911",Kelly Dutra,17911 NW Evergreen Pkwy, Beaverton,OR 97006 (monopole towers) N Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123- 5625 (general apps)* Washington County,Dept of Land Use&Trans,Brent Curtis, 155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124 (CPA)* Washington County,Assessment&Taxation,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,Doria Mateja,Cartography,155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* UTILITY PROVIDERS SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics, 16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,Right-of-Way Department,Qwest Corporation dba Century Link QC,1208 NE 64th St,4th Floor,Seattle WA 98115 Century Link,Attn: John Pfeifer,1600 7th Ave,4th Floor,Seattle,WA 98191-0000 (proposed and approved Annexation notices) Century Link,Karen Stewart,Local Government Affairs Director,310 SW Park Ave,Portland OR 97205 (proposed and approved Annexation notices) X Clean Water Services,Carrie Pak,2550 SW Hillsboro Hwy,Hillsboro OR 97123*--via email Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005 (See map for area contact) Metro Area Communications Commission(MACC),Fred Christ,15201 NW Greenbrier Parkway,C-1,Beaverton OR 97006-4886 (annexations only) NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 NW Natural Gas Company,Account Services,ATTN: Annexation Coordinator 220 NW Second Ave,Portland OR 97209- 3991 (Annexations only) Portland General Electric,Lorraine Katz,2213 SW 153rd Drive,Beaverton OR 97006 Portland General Electric,Tod L.Shattuck,2213 SW 153rd Drive,Beaverton OR 97006 Portland Western R/R,Burlington Northern/Sante Fe R/R,Oregon Electric R/R,(Burlington,Northern/Sante Fe R/R predecessor),Bruce Carswell,President and GM,200 Hawthorne Ave SE,Suite C320,Salem OR 97301-5294 Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503-249-3079) Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* Tualatin Valley Water District,Administrative Office,1850 SW 170th Ave,Beaverton OR 97006* Tri-Met Transit Development,Ben Baldwin,Project Planner,1800 SW 1st Ave#300,Portland,OR 97201 (If project is within 1/4 mile of a transit route) Frontier Communications,John Cousineau,OSP Network,4155 SW Cedar Hills Blvd,Beaverton OR 97005 *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects (Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Joe or Doreen if you need updates to it.'Thank you. I/CURPLN/MASTERS/REQ FOR COMMENTS NOTIFICATION LIST(UPDATED 03/30/15) Page 2 of 2 SWIODEflI NI0I,I,VDI3I ►LONI / DNI'IIVIAI 111 N AFFIDAVIT OF MAILINGag T I GARD I, Cheryl Caines, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below} ® NOTICE OF Notice of a Type II Decision FOR: MIS2015-00005 Adequate Public Facilities Review ❑ AMENDED NOTICE— • City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 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, February 22,2016 , and deposited in the United States Mail on February 22.2016 ,postage prepaid. a_ en,...„) Cheryl Caines STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the o�J rnrn day of TebriaPr y ,2016. OFFICIAL STAMP BETSY GALICIA yi NOTARY PUBLIC-OREGON COMMISSION NO.925741 �' MY COMMISSION EXPIRES MARCH 09,2018 NOTARY PUBLI" OF OREGON f� My Commission Expires: 3/ 9/ /v I.ACommunill De-elopmentVland Use 1pphcatronsV03_9dmin Vlaterials`�hff d city of Vfading\3016\ tt of Certihed V1aIlingM 152015-00003 Cheryl 20160222 docx Exhibit A TYPE II DECISION Adequate Public Facilities Exception: MIS2015-0005 )I4 River Terrace (Area 7) T I G A R D 120 DAYS= April 22,2016 SECTION I. DECISION The City of Tigard Community Development Director's designee has APPROVED the applicant's adequate public facilities exception request,subject to the condition of approval listed below.The findings and conclusions on which this decision is based are included in Section V. Condition of Approval:Prior to final plat approval for the related underlying land use approval(SUB2015-00005), provide the city with the language and mechanism by which the applicant will disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees as described in the River Terrace Funding Strategy. SECTION II. APPLICATION SUMMARY File Name: River Terrace (Area 7)Adequate Public Facilities Exception File No.: MIS2015-00005 Application The applicant is requesting a Type II Adequate Public Facilities Exception for a subdivision Proposal and site in River Terrace on SW 150th Ave that currently has preliminary plat approval in order to Background meet the city's requirements for obtaining final plat approval. The applicant is not proposing any new development with this proposal beyond what was already approved by the city during preliminary plat review of the underlying subdivision.The request is administrative in nature and does not release the applicant from providing adequate public facilities to and within these sites prior to final plat approval. The applicant's request was necessary for two reasons: 1.The Tigard Community Development Code requires the adoption of specific fees prior to final plat approval. Some of these fees are to be paid by development after final plat approval. Some of these fees are to be charged to future River Terrace residents on their utility bills.The city has adopted all of the development fees but none of the utility fees.The city's delayed adoption of the utility fees does not prevent the applicant from providing the necessary facilities to and within these sites or from paying the required development fees. 2.The Tigard Community Development Code requires the city to determine whether the applicant's alternative stormwater facility,which was approved by the city during preliminary plat review of the underlying subdivision,satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 1 OF 8 Applicant: Stacy Connery Pacific Community Design 12564 SW Main Street Tigard,OR 97223 Owner: Polygon WHL,LLC Fred Gast,Senior Vice President 109 E 13th Street Vancouver,WA 98660 Land Use: Low-Density Residential. Zoning: R-4.5:Low-Density Residential District. The R-4.5 zoning district 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 and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Location: Washington County Tax Map (WCTM)2S10800 Tax Lots: 1500, 1501, 1504,1505,1506. Review Criteria: Tigard Community Development Code (TCDC) Section 18.660.030.D SECTION III. PROPERTY BACKGROUND SUMMARY Property History: The property was added to the Urban Growth Boundary(UGB)in 2002 and annexed to the City of Tigard in 2013. City zoning was applied to the property in 2015 after adoption of the River Terrace Community Plan in 2014. Property and Vicinity Information The property consists of 5 tax lots,totaling roughly 30 acres,that obtained preliminary plat approval to subdivide and develop with homes,streets,a park,and other necessary infrastructure in 2015.The file number for the underlying land use approval is SUB2015-00005.The site is located in River Terrace south of Bull Mountain Road,north of Beef Bend Road,and along 150th Avenue.The site abuts unincorporated Washington County to the east and north,which is developed to urban residential standards,and River Terrace to the west and south,which is developed to rural residential standards. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject property be notified of the proposal to give them the opportunity to discuss the proposal with staff and/or the applicant and to submit written comments prior to a decision being made. Staff mailed Notice of a Type II Proposal regarding this Adequate Public Facilities Exception on January 5,2016.Two public comments were received,and they are summarized below. • Letter dated January 10,2016 from Ed Miller: Mr.Miller wanted to know whether the City Engineer and Clean Water Services had evaluated the applicant's alternative stormwater facility and determined that it met all applicable stormwater management standards and complied with the River Terrace Stormwater Master Plan. NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 2 OF 8 Staff Response: Both the City Engineer and Clean Water Services evaluated the applicant's alternative stormwater facility for compliance with all applicable standards and the River Terrace Stormwater Master Plan during the preliminary plat review for the underlying subdivision and determined that it met Clean Water Services'water quality treatment standards and the city's newly adopted water quantity management standards,which were developed specifically for River Terrace.The River Terrace Stormwater Master Plan recommends conveyance rather than detention in this area;however, it also allows the applicant to propose and build an alternative facility provided that the applicant can demonstrate to the city's satisfaction that: • the alternative facility's design and location is approved by all applicable authorities; • the alternative facility meets the City Stormwater Design Standards;and, • the alternative facility does not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution for this area. Since the city had already determined that an alternative facility was acceptable in this location,the purpose of this land use decision is for the city to determine whether construction of the alternative facility satisfies the applicant's responsibility to contribute their proportional share of the funding for the regional system. • Letter dated January 13,2016 from Ken Thompson:Mr.Thompson requested that the city deny the applicant's Exception request because he believed that the applicant was asking to be exempted from paying all required fees and that the city was not complying with the River Terrace Stormwater Master Plan. Staff Response: The applicant is not asking to be exempted from paying any required fees.The applicant will be required to pay all applicable System Development Charges and build all necessary infrastructure to serve their site,including stormwater infrastructure.The issue at hand is whether the construction of the approved alternative stormwater facility satisfies the applicant's responsibility to contribute their proportional share of the funding for the regional system. The city has not ignored the River Terrace Stormwater Master Plan by allowing the applicant to construct an alternative stormwater facility in Strategy Area C.The chapter on Implementation,which starts on page 17,addresses the challenges and strategies for implementing a regional approach to stormwater management in all three Strategy Areas. Page 22 specifically allows for the construction of alternative facilities in Strategy Area C provided that the applicant can demonstrate to the city's satisfaction that • the alternative facility's design and location is approved by all applicable authorities; • the alternative facility meets the City Stormwater Design Standards;and, • the alternative facility does not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution for this area. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.660.030 Provision of Adequate Public Facilities B. Approval Standard.Land use applications for subdivisions,partitions,planned developments,site development reviews,and conditional uses may be approved when the applicable standards in subsection E of this section are met by the applicant and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 3 OF 8 1. Transportation.A citywide transportation system development charge (SDC),a River Terrace transportation SDC,and a River Terrace transportation utility fee surcharge. 2. Sewer.A citywide utility fee surcharge. 3. Stormwater.A River Terrace stormwater utility fee surcharge. Finding:The applicant has met or will meet all applicable standards in subsection E in accordance with the conditions of approval imposed in the related underlying subdivision approval for SUB2015-00005. As for the funding components,the city adopted all of the system development charges (SDCs)listed above in April 2015 but has yet to adopt any of the utility fees for transportation,sewer,and stormwater. Since utility fees will be paid by future River Terrace residents not the applicant,the applicant submitted an Adequate Public Facilities Exception application.The city's approval of this application,as embodied by this decision,effectively exempts the applicant from having to wait for the city to adopt the utility fees listed above prior to obtaining final subdivision plat approval from the city.This approval standard is met. D. Exception. 1. An exception to one or more of the standards in subsection B of this section may be obtained through a Type II procedure as governed by Section 18.390.040. Finding:The applicant submitted the proper forms,fees,and materials for a Type II application.The city provided the proper public notice. 2. An exception shall be granted only if the applicant: a. Demonstrates that the exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum,River Terrace Water System Master Plan Addendum,River Terrace Stormwater Master Plan,River Terrace Transportation System Plan Addendum,and River Terrace Funding Strategy;and Finding:The applicant has demonstrated that the requested exception does not materially impact implementation of the various River Terrace master plans and funding strategy.The future utility fees to be adopted by the city will be paid by future River Terrace residents,not developers.The applicant, as the developer's representative,will contribute its proportionate share of the public facilities needed to serve River Terrace through payment of adopted SDCs and construction of on-and off-site public facilities as required by the underlying subdivision approval. b. Has proposed alternative(s) that ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans.This may include,but is not limited to,a development agreement or reimbursement district;and Finding:Pursuant to the River Terrace Stormwater Master Plan,the city allowed the applicant to construct an alternative stormwater management facility.The applicant proposes that construction of this facility constitutes their proportional share of the stormwater facilities needed in this area based on construction costs and future performance.The applicant asserts that they built a facility that cost roughly the same amount as what the city would have required them to contribute toward building the regional conveyance system for this area as described in a report by the city's stormwater consultant, Otak Inc.,that includes detailed downstream conveyance analysis and cost estimates.The applicant NOTICE OF DECISION AIIS20I 5-00005;Adequate Public Facilities Exception PAGE 4 OF 8 also asserts that they built a facility that completely mitigates their site's downstream impacts so as to make any future connection to a regional system unnecessary.The City Engineer evaluated these statements against all available analysis and cost estimates and determined that they are accurate. c. Agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees or SDCs as described in the River Terrace Funding Strategy;and Finding:The applicant has agreed to disclose to each purchaser of property that it may be subject to future utility fees.As conditioned,this requirement is met. d. Executes an agreement prepared by the city agreeing that,if the new transportation SDCs described in paragraph B.1 of this section are not in effect at the time of building permit issuance,the applicant shall pay an amount equal to the SDC amount assumed in the River Terrace Funding Strategy. Finding:This requirement is not applicable since the new transportation SDCs have been adopted and are in effect. 3. An exception shall be granted only if the city finds that: a. There are adequate funding components in place for the infrastructure that is needed to serve the proposed development;and Finding:The city adopted all of the fees that will be paid by the applicant at the time of development. These fees are called system development charges or SDCs.The city prioritized the adoption of these fees over utility fees,which will be paid by residents,because development in River Terrace will naturally precede any influx of new residents.The city plans to adopt all of the utility fees required by its Adequate Public Facilities ordinance prior to any significant influx of new residents. In addition to paying all required SDCs,which will pay for needed infrastructure elsewhere in River Terrace and the city,the applicant has built or will build all of the infrastructure that is needed to serve the approved subdivision as described in the related underlying land use approval(SUB2015-00005).Therefore,the Director finds that there are adequate funding components in place at this time for the infrastructure that is needed to serve the proposed development. b. The exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum,River Terrace Water System Master Plan Addendum,River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum,and River Terrace Funding Strategy;and Finding:The future utility fees to be adopted by the city are to be charged to future River Terrace residents,not developers.The applicant,as the developer's representative,will contribute its proportionate share of the public facilities needed to serve River Terrace through payment of adopted SDCs and construction of on- and off-site public facilities as required by the underlying subdivision approval.Therefore,the Director finds that the requested exception does not materially impact implementation of the various River Terrace master plans and funding strategy. c. The proposed alternative(s) ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. NOTICE OF DECISION MIIS2015-00005;Adequate Public Facilities Exception PAGE 5 OF 8 Finding: Pursuant to the River Terrace Stormwater Master Plan,the city allowed the applicant to construct an alternative stormwater management facility.Upon evaluation of all available analysis and cost estimates,the city has determined that the cost per home for the alternative facility is comparable to the cost per home for the regional downstream conveyance pipe and that the alternative facility is projected to reduce stormwater flow rates from the site below pre-development discharge rates based on the approved drainage report. In summary,the city has determined that the applicant built a facility that cost roughly the same amount as what the city would have required them to contribute toward building the regional conveyance system for this area.The city has also determined that the applicant built a facility that completely mitigates their site's downstream impacts so as to make any future connection to a regional system unnecessary.Therefore,the Director finds that the applicant has provided its proportional share of the funding and construction of stormwater facilities in a timely manner as identified in the River Terrace Stormwater Master Plan. SECTION VI. OTHER STAFF COMMENTS The following city depaitinents were sent a copy of the proposal: • Community Development • City Attorney • Engineering • Finance No comments were received. SECTION VII. AGENCY COMMENTS The following agencies were sent a copy of the proposal: • Clean Water Services • Washington County Department of Land Use and Transportation No comments were received. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice of this decision was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 22, 2016 AND EFFECTIVE ON MARCH 10,2016,UNLESS AN APPEAL IS FILED. NOTICE OF DECISION AIIS2OI5-00005/Adequate Public Facilities Exception PAGE 6 OF 8 Appeal: The Director's decision is final on the date that it is mailed.All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code,which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed.The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Unless the applicant is the appellant, the hearing on Director's decision appeal shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period.Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 4:00 P.M. ON MARCH 9, 2016. Questions: If you have any questions,please contact Susan P Shanks,Senior Planner at(503)718-2454 or susans(utigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Attachment:Location Map PREPARED BY: Susan P.Shanks,Senior Planner ✓� February 22.2016 APPROVED BY: Tom McGuire DA 1 E Asst. Community Development Director NOTICE OF DECISION MIS2015-00005/Adequate Public Facilities Exception PAGE 7 OF 8 Z 0 tri 0 _ ..._ Zoning Map rri _ O ce, , . i E - Generalized Zoning Categories _ ._ _ _ . P[MN;I LN•A ion — , i T \ 0 0... __ . ' I X , . _ _. BliRoUN0ie Sf . . ._. -Up. w .:t I N L'-::' C T _ Subject Site -.... _ 'i0 i i -- ---i-- — Zone Do..=r=pin.rnr• .. szt P.r.....ieni Al , .... . .. _ ....... .•-1 '=xed U !R.11(10.11.a1 ......__. ilI i 1 , DR mg M.st,1 L.74, C= L.= Eli Commo.AI . El Mixtd L.Eoployment I -... 'Of IP MP IN MI a NI V/ .11 1111 PM • I intili.••ill: '....' f,Arkr,:Id Rr limn ..... i--i 25 08000'505 ir,r) t N> =08000150. –_, 1 . __ a 0..orly In I _ '' . - . D.trict Overlay —i- olan",.1 C Qvnlormart Over.oy •5-1:080110 in : I ILI, 1 , '''', >I ---)r a <1 I ',.9. MUM: IIMMEIV . , NA moo&EN . -1-; -.., ..... s _.,....,. ,..1, ',711 I .I, -=. ----\ \ 0 ot ___ R-7 i 1. i 1 -----' Wi5ObtIUL 6 1 4 4 I .• ‘, .----••-"t 't lig ti• Feet 0 „ . ./c, 0 245 490 tIGARI'l ty, 0 roll co 0 co Exhibit B Stacy Connery Polygon WLH,LLC Pacific Community Design Fred Gast, Senior Vice President 12564 SW Main St. 109E 13`h St. Tigard, OR 97223 Vancouver,WA 98660 Ken Thompson Ed Miller 15194 SW Cabernet Dr. 15336 SW Burgandy St. Tigard, OR 97224 Portland, OR 97224 N AFFIDAVIT OF MAILING T I GARD I, Cheryl Caines, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: {Check 1\ppropriate Box(s)Below} N NOTICE OF Notice of a Type II Decision FOR: MIS2015-00005 Adequate Public Facilities Review ❑ AMENDED NOTICE— N City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 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, February 22,2016 , and deposited in the United States Mail on February 22,2016 ,postage prepaid. orte.A4....... a . c , Cheryl Caines STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the a3 day of �r Jcyr ,2016. p ie. SY GALICIA OFFICIAL STAMPc--/g, ''� �(� NOTAR...„..,t, . ..i.-.„, Y PUBLIC 0R SON CCMMISsPEN Nt,d.925741 NOTARY PUBLIC F OREGON MY COMMISSIpN�XPlRES MARCN 09,2Q18 . My Commission Expires: 3/ < /i I:AConrnunsxDevelopmentA.and C:se Applicmons\03_Wails 11atedals Athdavlts of VIf11ng\3016\Affidavit of Candled Mmling_MIS2015-00005 Cheryl 201h0222 does EXHIBIT A Notice of a Type II Decision : Adequate Public Facilities Review TIGARD File No.: MIS2015-00005 (River Terrace Area 7) To: Neighbors and Interested Parties Date of Notice: February 22,2016 Staff Contact: Susan P Shanks (503-718-2454 or susans@tigard-or.gov) DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above-referenced land use application, subject to conditions of approval.The findings and conclusions on which this approval is based are included in Section V of the decision,which can be obtained from the staff person listed above. This decision is final on Monday,February 22,2016 and will go into effect on Thursday,March 10,2016, unless an appeal is filed. If you have any questions regarding this decision,please direct them to the staff person listed above. DESCRIPTION OF PROPOSAL The applicant requested a Type II Adequate Public Facilities Exception for a subdivision site in River Terrace on SW 150th Ave that currently has preliminary plat approval in order to meet the city's requirements for obtaining final plat approval. The applicant did not propose any new development with this proposal beyond what was already approved by the city during preliminary plat review of the underlying subdivision. The request is administrative in nature and does not release the applicant from providing adequate public facilities to and within this site prior to final plat approval. The applicant's request was necessary for two reasons: 1.The Tigard Community Development Code requires the adoption of specific fees prior to final plat approval. Some of these fees are to be paid by development after final plat approval. Some of these fees are to be charged to future River Terrace residents on their utility bills.The city has adopted all of the development fees but none of the utility fees. The city's delayed adoption of the utility fees does not prevent the applicant from providing the necessary facilities to and within these sites or from paying the required development fees. 2.The Tigard Community Development Code requires the city to determine whether the applicant's alternative stormwater facility,which was approved by the city during preliminary plat review of the underlying subdivision, satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. Applicant: Stacy Connery Owner: Polygon WLH,LLC Pacific Community Design Fred Gast,Senior Vice President 12564 SW Main Street 109 E 13th Street Tigard, OR 97223 Vancouver,WA 98660 Site Address: Multiple sites in River Terrace. See map below. Legal Description: WA County Tax Map: 2S10800 Tax Lots: 1500, 1501, 1504, 1505, 1506 Zoning: R-4.5: Low-Density Residential District APPEAL INFORMATION The deadline for filing an appeal is 4 p.m. on Wednesday,March 09,2016 \11 persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision. If you would like to appeal this land use decision,you must submit your completed appeal form with the applicable file number (MIS2015-00005) by 4 p.m. on Wednesday,March 9,2016. Appeal forms are available on the city's website or in person at the Tigard Permits Center. Completed appeal forms and associated appeal fees must be delivered in person on or before the appeal deadline to the Tigard Permits Center at 13125 SW Hall Blvd,Tigard, OR 97223. APPEAL PROCEDURE DETAILS Any party with standing as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code,which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. SITE MAP -.—, Zoning Map j r i EN-mi-ca t Generalized Zonings BURGUNDY ST —.,_ � ~� Leaerd p T QURGUNOIY �T) I i j ? )7T-, v, ® s sG yar amaw p.BEAIET QR __.._ ------- L_ NM Wed u,ee„x..6iu+d1:4,4m CCOPMef,V0 . ... Y Wed u.,E P.,mrat Himm -Palls and 6#oaea[ron MENEfflign BMesFn Cou^M Zummg Dow*Zomp Pilsterx Distrt Overlay 2S MOOG VI I F;wanrew,Deaewpmena Ow* BE08SQi1'5 r IAINa ggi: t y9 City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2 I/CURPLN/Forms/QJ Staff Report/Notice of Type II Decision Templ_08 2812 • Exhibit B 251080001507 2S108AC04400 ALBERTSON,BARRY D& AMIN,KIRANRAI LESLIE,ROBIN R AMIN,NILESH 15445 SW 150TH AVE 15302 SW BURGUNDY ST TIGARD,OR 97224 TIGARD,OR 97224 2S108BD09500 2S108AC04700 AYALA,DIANA R BAKER,RONALD E TRUST 14965 SW BROOKLET PL BAKER,NORA L TRUST TIGARD,OR 97224 15200 SW BURGUNDY ST TIGARD,OR 97224 2S108DA05900 BEACH,DAYLE D.&EVELYN O. BAXTER,TERRANCE 0&KRISTEN 11530 SW 72ND AVENUE 14875 SW COPPER HILL LN TIGARD,OR 97223 TIGARD,OR 97224 2S108BD08500 BEILKE,SUSAN BEADNELL,S1EVEN M&DENNEL W 11755 SW 114TH PLACE 15531 SW BURGUNDY ST TIGARD,OR 97223 TIGARD,OR 97224 BEILSTEIN,ELLEN 2S108AD02100 14630 SW 139TH AVE BELL,ROBERT P AND TIGARD,OR 97224 MARY L 14970 SW 150TH TIGARD,OR 97223 2S 108BD07800 2S 108DA03800 BERTSCH,SAEKO&SHARON CHRISTIN BLANDIN,THEODORE D&JENNIFER 14979 SW JULIET TER 14835 SW HAWK RIDGE RD TIGARD,OR 97224 TIGARD,OR 97224 2S108DD07100 2S108AC04100 BOOTHBY,DARRIN F&MEGAN M BOWKER,GUY M&PAMELA J 14905 SW WOODHUE ST 15394 SW BURGANDY ST TIGARD,OR 97224 PORTLAND,OR 97224 2S108DA06500 BRENNEMAN,HEIDI BRAACH,AARON G&ALICIA A 11680 SW TIGARD DRIVE 14933 SW SOPHIA LN TIGARD,OR 97223 TIGARD,OR 97224 BUEHNER,GRETCHEN CAFFALL,REX PO BOX 230268 13205 SW VILLAGE GLENN TIGARD,OR 97281 TIGARD,OR 97223 multiple: 2S108AC03400 to 2S108AC03500 CAROL RENAUD—WACO CPO NEWSLETTER COORD. CAMERON LIVING TRUST OSU EXT. SVC-CITIZEN INVOLVEMENT FACULTY BY CAMERON,JEFFREY S&SUSAN K TRS 155 NORTH 1ST AVENUE SUITE 200 MS48 14943 SW 154TH TER HILLSBORO,OR 97124 TIGARD,OR 97224 Exhibit B 2S 108DA02801 2S108DA07200 CHISM,MARK E&HEATHER J CHONG,IN YONG&SOOK WON 185 SEA CREST LN 14866 SW SOPHIA LN 0 FI ER ROCK,OR 97369 TIGARD,OR 97224 CITY OF TIGARD 2S108BD07700 ATTN: SUSAN SHANKS CLAIRMONT,TIMOTHY DANIEL 13125 SW HALL BLVD. 14955 SW JULIET TER TIGARD,OR 97223 TIGARD,OR 97224 2S108AC04600 2S108BD08100 CLARK,JEFFERY JAN CLARK,LEALYN PAUL III TSENG,CARMEN KAR-MAN FOX,ALLISON 15234 SW BURGUNDY ST 15650 SW BURGUNDY ST TIGARD,OR 97224 PORTLAND,OR 97224 2S108DD09400 CONNERY,STACY CLEAN WATER SERVICES 12564 SW MAIN STREET 2550 SW HILLSBORO HWY TIGARD,OR 97223 HILLSBORO,OR 97123 2S108DA07600 2S108BD08400 COPPER HILL HOMEOWNERS ASSOC COX,ERNEST RUSSELL& ATTN:TODD BOYCE COX,CHRISTOPHER ALEY 15455 NW GREENBRIER PKWY#140 15530 SW BURGANDY ST BEAVERTON,OR 97006 TIGARD,OR 97224 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S108AC03800 multiple: 2S108DA00300 to 2S108DA00700 DEUTH,LANCE R&ANGELA M DITTMAN FAMILY TRUST 15361 SW CABERNET DR BY DITTMAN,ANNE MARIE&DERRYCK H TIGARD,OR 97224 15120 SW 150TH AVE TIGARD,OR 97224 2S108AC01800 2S108DA06100 EDWARDS,WILLIAM R&KAREN EHLERS,TIMOTHY D&TAFENIA C 15149 SW CABERNET DR 14869 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 ENGVALL,ANN ERDT,DON&DOROTHY 15461 SW 82 PL 13760 SW 121ST AVENUE TIGARD,OR 97224 TIGARD,OR 97223 2S108BD09300 2S 108AD 14100 EVETTS,BRENT K&TERRI L EZRA,SOLOMON 14930 SW BROOKLET PL 14906 SW BURGUNDY CT TIGARD,OR 97224 PORTLAND,OR 97224 • Exhibit B 2S108AD 13900 2S 108DA06200 FAKS,JALAL A FIAL,TERRANCE&CHARLENE 14888 SW BURGUNDY CT 14870 SW COPPER HILL LN TIGARD,OR 97224 TIGARD,OR 97224 FOSTER,VANESSA 2S108ACO2600 13085 SW HOWARD DR FRITH,JAN REVOCABLE LIVING TRUS TIGARD,OR 97223 15172 SW CABERNET DR TIGARD,OR 97224 FROUDE,BEVERLY GALLUCCI,NAOMI 12200 SW BULL MOUNTAIN ROAD 11285 SW 78TH AVENUE TIGARD,OR 97224 TIGARD,OR 97223 multiple: 2S108AD01800 to 2S108AD01900 GOODHOUSE,JOHN GASPER,ROBERT C AND EARLENE J 9345 SW MOUNTAIN VIEW LANE 14880 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 108AD 14200 2S108DA02100 GOSS-SEEGER,DEBRA GRUN,PAUL A&ELIZABETH U 14942 SW BURGUNDY CT 11852 SW ASPEN RIDGE DRIVE TIGARD,OR 97224 TIGARD,OR 97224 2S108DA07000 HAMILTON,LISA CPO 4B VICE CHAIR HAJDARI,KAMILIA 13565 SW BEEF BEND ROAD 1719 SW JOSHUA ST TIGARD,OR 97224 PORTLAND,OR 97219 2S108DA02700 HARDING,TODD&HERING JR,BLAKE. HANFORD,JERRY S& NORRIS BEGGS&SIMPSON HANFORD,DEBORAH L 121 SW MORRISON,SUITE 200 14925 SW HAWK RIDGE RD PORTLAND,OR 97204 TIGARD,OR 97224 2S108AC01400 2S108BD08200 HARRIS, GREGORY D HASHIMA FAMILY TRUST 15279 SW CABERNET DR BY HASHIMA,JASON N&LISA K TRS TIGARD,OR 97224 14825 SW BROOKLET PL TIGARD,OR 97224 2S108AC03000 2S 108DD07000 HAUNSPERGER FAMILY TRUST HERSHBERGER,MARK&ANYA BY HAUNSPERGER,JOHN T&E ELIZABET 14935 SW WOODHUE ST 15310 SW CABERNET DR TIGARD,OR 97224 TIGARD,OR 97224 2S108AC00900 2S108DA06900 HIGHLAND,MARK R&MICHELLE A HIRSCHMANN,ANDREAS&THERESA L 14845 SW 150TH AVE 14892 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 Exhibit B HOGAN,KEVIN 2S108DA06600 14357 SW 133RD AVENUE HOOVER,KELVIN P&DONNA K TIGARD,OR 97224 14955 SW SOPHIA LN TIGARD,OR 97224 2S108DA06700 HOWLAND,HAROLD AND RUTH HOPP,CARL W III&TIFFANY M 13145 SW BENISH 14932 SW SOPHIA LN TIGARD,OR 97223 TIGARD,OR 97224 2S108DA07300 2S108ACO2500 HUCKEY,MICHAEL D&MARGARET M ITEL,THOMAS H 14854 SW SOPHIA LN 15146 SW CABERNET DR TIGARD,OR 97224 TIGARD,OR 97224 2S108CA00200 251080001503 JACHTER FAMILY TRUST KADEL,ROGER A TRUST 15170 SW FINIS LN KADEL,JANET S TRUST TIGARD,OR 97224 15475 SW 150TH AVE TIGARD,OR 97224 2S108AC01900 2S108BD08600 KAMPSCHROEDER FAMILY TRUST KAUFMAN,JOHN S&SHARON C 15113 SW CABERNET DR 15567 SW BURGUNDY ST TIGARD,OR 97224 TIGARD,OR 97224 KEERINS,PATRICIA 2S108DA02000 15677 SW OREGON ST.APT 209 KETCHUM,RAYMOND&JULIE TIGARD,OR 97140 14830 SW HAWK RIDGE RD TIGARD,OR 97224 KIMMEL,DAVID 2S108AC01500 1335 SW 66TH SUITE 201 KIRBY,PAUL&KAREN PORTLAND,OR 97225 15243 SW CABERNET DR TIGARD,OR 97224 KNAPP,MONA 2S108AC01700 9600 SW FREWING STREET LARSON,ERIC A&SHERRI ROBINSON TIGARD,OR 97223 15175 SW CABERNET DR TIGARD,OR 97224 2S 108AD 14000 2S108DD06900 LEANDRES,DAVID M&DIANNE LESLIE,IAN G&ELENA QUIROS 14894 SW BURGANDY CT 14945 SW WOODHUE ST TIGARD,OR 97224 TIGARD,OR 97224 LISA HAMILTON CHAIR CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 • Exhibit B 2S 108DA06400 2S 108ACO2400 MAXWELL,MICHELE LEBIEN MAYHEW,WAYNE E&JOAN W MAXWELL,PRESTON 15098 SW CABERNET DR 14901 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 2S108BD09400 MILDREN,GENE MCMILLAN,NISSA D&DONNIE RAY J MILDREN DESIGN GROUP 14960 SW BROOKLET PL 7650 SW BEVELAND ST,STE 120 TIGARD,OR 97224 TIGARD,OR 97223 2S108AC04300 25108DA02300 MILLER,DOROTHY G REVOCABLE TRUS MONTPLAISIR,BRAD&WENDY COLLIN MILLER,EDWARD H III REVOCABLE TRUS 14990 SW HAWK RIDGE RD 15336 SW BURGUNDY ST TIGARD,OR 97224 TIGARD,OR 97224 multiple: 2S108DA03600 to 2S108DA03700 2S108BD09600 MOORE,CONRAD L&JANET MORNEAULT FAMILY TRUST 14505 SW HAWK RIDGE RD BY MORNEAULT,MICHAEL E&ELIZABETH TIGARD,OR 97223 14945 SW BROOKLET PL TIGARD,OR 97224 2S108ACO2000 MURDOCK,NATHAN AND ANN MOR I ENSEN,GARY RICHARD& 7415 SW SPRUCE S 1'REET MOR I'ENSEN,RACHEL G TIGARD,OR 97223 15067 SW CABERNET DR TIGARD,OR 97224 NEAL BROWN. GRI 2S108DA05700 MEADOWS INC REALTORS NEFF,GREG S&BECKY 12655 SW NORTH DAKOTA STREET 15025 SW 149TH PI TIGARD,OR 97223 TIGARD,OR 97223 2S1080001401 NEWVTH,PATTY NEIDERS,REGINE I&GUNARS K 12180 SW MERESTONE COURT 14517 SE 178TH PL TIGARD,OR 97223 RENTON,WA 98058 2S 108AC04500 2S 108DA07100 NGUYEN,SUZAN NGUYEN,THERESA T 15268 SW BURGUNDY ST LE,PHAT TIGARD,OR 97224 14874 SW SOPHIA LN TIGARD,OR 97224 2S108DA06300 2S108AD 14300 NIMZ,CLIFFORD A&DANA L PATEL,MRIDULA 14899 SW SOPHIA LN 14968 SW BURGUNDY CT TIGARD,OR 97224 TIGARD,OR 97224 2S108AC01600 2S108AC03100 PATRICE,M JANECE TRUST PEARL,LORI J BY PATRICE,M JANECE&JAMES A CO-T 15344 SW CABERNET DR 15217 SW CABERNET DR TIGARD,OR 97224 TIGARD,OR 97224 Exhibit B 2S 108BD08000 2S 108DA05800 PERALA,JEFFREY E&CONNIE A PETERS,JULIA&EDWARD 14950 SW JULIET TER 15020 SW 149TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S108CD00100 2S108AC05600 PETERSON,CINDI R PHILLIPS,LINDA TRACY PETERSON,DONALD A RENUNCIATION TRU 14831 SW 154TH TER 15601 SW APRIL LN TIGARD,OR 97224 TIGARD,OR 97224 multiple: 251080001500 to 251080001506 2S108DA02600 POLYGON WLH LLC PREECE,JEFFREY T REV TRUST 109 E 13TH ST,STE 200 14935 SW HAWK RIDGE RD VANCOUVER,WA 98660 TIGARD,OR 97224 2S 108AD02000 2S 108CA00300 RANDALL,CALEB S RASMUSSEN,ROGER&NANCY 14900 SW 150TH AVE 15165 SW FINIS LN TIGARD,OR 97224 TIGARD,OR 97224 2S 108AC03700 2S 108AC03600 REVERMAN,WILLIAM C&BEVERLY G RICE,VALERI R 15385 SW CABERNET DR 14915 SW 154TH TER TIGARD,OR 97224 TIGARD,OR 97224 RORMAN,SUE 2S108DD06800 11250 SW 82ND AVE ROSS,JAMES&KIM TIGARD,OR 97223 14975 SW WOODHUE ST TIGARD,OR 97224 RUEDY,ROBERT 2S108DA02800 14185 SW 100TH AVENUE SCHMID,LISA ANN TIGARD,OR 97224 14915 SW HAWK RIDGE RD TIGARD,OR 97224 2S 108BD08700 2S 108ACO2800 SINCLAIR,TAMARA I SLATER,STEPHEN J 15599 SW BURGUNDY ST 15240 SW CABERNET ST TIGARD,OR 97224 PORTLAND,OR 97224 2S108AD14500 SPRING,BRAD SPECTRUM DEVELOPMENT LLC 7555 SW SPRUCE STREET PO BOX 3440 TIGARD,OR 97223 WILSONVILLE,OR 97070 STALZER,CHARLIE AND LARIE 2S108DA02200 14781 SW JULIET TERRACE STIPPICH,DAVID L/INGER TIGARD,OR 97224 14970 SW HAWK RIDGE RD TIGARD,OR 97224 Exhibit B 2S108DA06800 SUNDBERG,ROSS STONE,CRAIG&AMY 16382 SW 104TH AVE 14900 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 2S108ACO2300 2S108DA06000 SWANSON,SALLY J TERRILL,MARK G&MANDY M 15064 SW CABERNET DR 15007 SW 148TH TER TIGARD,OR 97224 TIGARD,OR 97224 2S108ACO2200 THOMPSON,GLENNA THOMAS,JOHN&LYNETTE JNT REV T 13676 SW HALL BLVD UNIT 2 15022 SW CABERNET DR TIGARD,OR 97223 TIGARD,OR 97224 2S108ACO2700 2S108AC03200 THOMPSON,KENNETH E&PAULA K TORNBLAD,ALBERT&RITA 15194 SW CABERNET DR JOINT LIVING TRUST TIGARD,OR 97224 15376 SW CABERNET DR TIGARD,OR 97224 2S108AC03900 2S108DA02500 TYACKE,TREVOR N&LISA N VANHEEL,JEFFREY D 15327 SW CABERNET DR 14945 SW HAWK RIDGE RD TIGARD,OR 97224 TIGARD,OR 97224 WALSH,DAVID WEGENER,BRIAN 10236 SW STUART COURT 9830 SW KIMBERLY DRIVE TIGARD,OR 97223 TIGARD,OR 97224 2S108AC03300 2S108ACO2100 WESTPHAL,COLLEEN A WHISLER,DEBORAH L&THOMAS D ENGELSTAD,MARK E 15025 SW CABERNET DR 15398 SW CABERNET DR TIGARD,OR 97224 PORTLAND,OR 97224 2S108DA01900 2S108BD07900 WINTHERS,WILLIAM C&LORRAINE M WOOD,TIM R&JODY L 14800 SW HAWK RIDGE RD 14966 SW JULIET TER TIGARD,OR 97224 PORTLAND,OR 97224 2S108AC04200 2S108ACO2900 YAHNA,CHRISTOPHER J&STACEY D YARBROUGH,CHARLES J TRUST& 15370 SW BURGUNDY ST YARBROUGH,BARBARA A TRUST TIGARD,OR 97224 BY YARBROUGH,CHARLES J/BARBARA 15300 SW CABERNET DR TIGARD,OR 97224 2S 108AD 14400 YI,EUN CHONG&CHONG HUN 14990 SW BURGUNDY CT TIGARD,OR 97224 CITY OF TIGARD REQUEST FOR COMMENTS EXHIBIT B NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: FILE NAME: MIS2015-00005 Notice of Decision Adequate Public Facilities Exception: River Terrace (Area 7) Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director CD Administration/Buff Brown Sr.Transportation Planner(electronic copy) City Administration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) Development Services/Development Eng. Greg Berry(Copy on all Notices of Decision) Building Division/Mark VanDomelen,Building Official Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) Public Works/John Goodrich Public Works/Paul Izatt(Subdivisions ONLY-Full size plan set) Public Works/Jeremy Hanson Hearings Officer(2 sets) Planning Commission(12 sets) City Attorney File/Reference(2 sets) LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* City of King City City Manager, 15300 SW 116th Ave,King City OR 97224* City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* City of Portland,Planning Bureau Director, 1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center (ZC A-Adopted)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr. Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179 (Notify if ODOT R/R-Hwy Crossing is only access to land).Email:Regionl_DEVREV_Applications@odot.state.or.us ODOT,Region 1 -Development Review Coordinator Carl Torland,Right-of-Way Section,123 NW Flanders,Portland OR 97209-4037 (Vacations)* Email:Regionl_DEVREV_Applications@odot.state.or.us ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209 Email:Region1_DEVREV_Applications@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Routing 1.1RC-Attn: Renae Ferrera,POB 3621,Portland OR 97208-3621 (powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310 (monopole towers) OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District, 18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37) -You have the option to send electronic copies. See DLCD website for online submittal procedures I/CURPLN/MASTERS/REO FOR COMMENTS NOTIFICATION LIST(UPDATED 03/30/15) Page 1 of 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS OR Division of State Lands,Melinda Wood(WLUN Form Required),775 Summer Street NE,Suite 100,Salem OR 97301- 1279 (Documents should be emailed/do not send hard copies) OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 US Army Corps of Engineers,Kathryn Harris,Routing CENWP-OP-G,POB 2946,Portland OR 97208-2946 (Maps and CWS letter only) Washington County Consolidated Communications Agency(WCCCA) "911",Kelly Dutra,17911 NW Evergreen Pkwy, Beaverton,OR 97006 (monopole towers) Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123- 5625 (general apps)* Washington County,Assessment&Taxation,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA)* Principal Planner,Community Planning,Washington County,Dept of Land Use&Trans,,Planning and Development Services,155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,Doria Mateja,Cartography,155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* UTILITYPROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,Right-of-Way Department,Qwest Corporation dba Century Link QC,1208 NE 64th St,4th Floor,Seattle WA 98115 Century Link,Attn: John Pfeifer,1600 7th Ave,4th Floor,Seattle,WA 98191-0000(proposed and approved Annexation notices) Century Link,Karen Stewart,Local Government Affairs Director,310 SW Park Ave,Portland OR 97205 (proposed and approved Annexation notices) Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 SW Hillsboro Hwy, Hillsboro OR 97123* Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005 (See map for area contact) Metro Area Communications Commission(,\L- CC),Fred Christ,15201 NW Greenbrier Parkway,C-1,Beaverton OR 97006-4886 (annexations only) NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 NW Natural Gas Company,Account Services,ATTN: Annexation Coordinator 220 NW Second Ave,Portland OR 97209- 3991 (Annexations only) Portland General Electric,Lorraine Katz,2213 SW 153rd Drive,Beaverton OR 97006 Portland General Electric,Tod L.Shattuck,2213 SW 153rd Drive,Beaverton OR 97006 Portland Western R/R,Burlington Northern/Sante Fe R/R,Oregon Electric R/R,(Burlington,Northern/Sante Fe R/R predecessor),Bruce Carswell,President and GM,200 Hawthorne Ave SE,Suite C320,Salem OR 97301-5294 Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503-249-3079) Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall, 11945 SW 70th Ave,Tigard OR 97223-9196* Tualatin Valley Water District,Administrative Office,1850 SW 170th Ave,Beaverton OR 97006* Tri-Met Transit Development,Ben Baldwin,Project Planner,1800 SW 1st Ave#300,Portland,OR 97201 (If project is within 1/4 mile of a transit route) Frontier Communications,John Cousineau,OSP Network,4155 SW Cedar Hills Blvd,Beaverton OR 97005 (Documents should be emailed to John.Cousineau@ftr.com-do not send hard copies) *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Joe or Doreen if you need updates to it.Thank you. I/CURPLN/MASTERS/REQ FOR COMMENTS NOTIFICATION LIST(UPDATED 03/30/15) Page 2 of 2 City of Tigard ,�.�.. .. �P� P�r �_ 5 13125 SW Hall Blvd. �; - PITNEY BOWES TIGARD Tigard, Oregon 97223 ' -1,:4%.2.i 02 1P $ 000.485 • '1 0000874827 FEB 22 2016 MAILED FROM ZIP CODE 97223 CD/SS CITY OF TIGARD ATTN: SUSAN SHANKS 13125 SW HALL BLVD. TIGARD, OR 97223 ii'w,.l:.:....:+t+nz7:e.i ttr:3 : C002 S}1171111# 11111)11"1111111?3 17 i = i "Pi " f fi i# "IN Ctty.of Tigard r� �,s g5* sPO , 13125 Y f � = ' ► r��___ SW Hall Blvd. ,,.. z r... I., TIGARD Tigard, Oregon • 7 ,•, .,PITNEY Bowes ll.- pa g 97223 0/(9 0141 �x� Y : 5 .,# 021P_ $ 000.4s k' r,t • "�: 000087482, FEB 22 2016 •c �• •• MAILED FROM ZIP CODE 97223 CD/SS ‘1.°\‘‘,13\Pe701151') . COPPER HILL HOMEOWNERS ASSO A'#"T'T.T• mr r 1- R(WVCP ... NI I 970 DC 1 0e03/11.71€ B] RETURN TO SENDER # TEMPORARILY AWAY r I UNABLE TO PORWARD BC: 97223816799 } *0329-04199-22-40 i `r ef?? J.•#�4I Ii"+i.D.i1.l1i.v•.e:.ii.f.iii.i.#fi.7#11:11t4infiiii,;:si yii!l. i , I kb. � �✓ 5'Q� PpgT9111111 City of Tigardi.. ? a " - _ 'IAA ti ,�-a- 13125 SW Hall Blvd. lC� � " $V PITNE ES r - r \ 'tr •• 02 1P $ 000.485 . s GakD Tigard, Oregon 97223 g ' - •' .�'� 0000874827 FEB 222016 •'• MAILED FROM ZIP CODE 97223 CD/SS k 'f VI 2S108AD14500 v SPECTRUM DEVELOPMENT LLC PO BOX 3440 W. NI XI E 970 FE 1 0003/10/16 I IRET=_'-RN TO SENDER 1 UNABLE TO FORwAROO l BC: 97Z-23816.799 *€ 329 0443E-22-4e i 'sem '=Mtn ' `s 1e)"`' ;;Iil,iIIIrr tllliloisli„11?1:iI;ill�l�.i1,30i11:011;1 0;!s !y; City of Tigard �t{7�5,,as ts Pos_q t. = : 13125 SW Hall Blvd. �•• • NEY■ow[s x z 1 _ •-: $ 000.48 TIGARD Tigard, Oregon 97223 ••• � 02 1 P 5 _ t ,,.'. 0000874827 FEB 03 2016 t' . • 2 • MAILED FROM ZIP CODE 97223 CD/SS 2S108BC16600 CHANK, LAWRENCE M 44-919 GOLF CENTER PKWY STE 7 • NI .` - - S: S... ''E 1 0002 /14/1.6 i F.ETURN TO S EENDER_ ..t. NOT DELIVERABLE AS ADDRESSED UNABLE TO EOR WARD 1 BC: 47223E16799 * 0998-07647--03 - 45 r r , 1 1l1 1 #a: .1 1111111 31111,8,1111,3 1' 19 1111119 1311 3 ^,^.:*�%: �.�:���-��: ,1 � 1� 11 � s 11 :s , 1 9 3�1��9! i , _931 i . ---- . ,.i.' City of Tigard . • , 13125 SW Hall Blvd. ., - '...j . 44; .,..4 l'a*.r. . g9(004,01 ..... .,,, .==ipm , . 5*,..,,tretzykol. 3 ..'.11.Pr PITNEY MOW,S , •11111 5 TIGARD Tigard, Oregon 97223 . ...1-.1 i 02 1P $ 000.48 : .,, I. 14 'T 0000874827 FEB 22 2016 CD/SS -atz•=. :91. MAILED FROM ZIP CODE 97223 ' 2S108AC04500 NGUYEN, SUZAN C XV/ TI T TDJ TXTIMN7 0-1— T: 97 A iili FE 1 71 q Trif51.17/7,7 tig i wORWARD TIME a xP RTil TO SEND - NGUYEN 4120 SW 175TH AVE ALOHA OR 97078-1775 i RTUN TO .11e .-......1-1,.....-1 ......:::: ..... 2...4.-.1 , AFFIDAVIT OF MAILING 111111 . TIGARD I, Susan Shanks,being first duly sworn/affirm, on oath depose and say that I am an Senior Planner for the City of Tigard, Washington County,Oregon and that I served the following: {Check Appropriate Box(s)Below} ® NOTICE OF Type II Proposal FOR: MIS2015-00005,River Terrace Adequate Public Facilities Exception ❑ AMENDED NOTICE— Decision making body: ® City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 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, January 5,2016 ,and deposited in the United States Mail on January 5,2016 ,postage prepaid. Susan Shanks STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 6 -day of (-1-.: ,2016. do, OFFICIAL STAMP 5.4.\2 _ BETSY GALICIA • NOTARY PUBLIC OREGON COMMISSION NO.925741 " Gl MY COMMISSION EXPIRES MARCH 09,2018 NOTARY PU LIC OF OREGON My Commission Expires: 3 fri 1 1:AConununity Development\Land Use 9pplicanons\03_Admin Mareri ils\Affdaviss of a ling\2016\Affrdaa',r of\lailing_D11S2015 00005 Susan 20160105.doex EXHIBIT A 1111 I 41 Notice of a Type II Proposal Adequate Public Facilities Exception TI G ►z D Land Use File: MIS2015-00005 To: Neighbors and Interested Persons Date of Notice: January 5, 2016 Staff Contact: Susan P Shanks (503-718-2454 or susans@tigard-or.gov) If you have questions about this proposal, please contact the staff person listed above. If you would like to comment on this proposal, your written comments must be received by 5 p.m. on Tuesday, January 19, 2016. Please mail or deliver your comments to 13125 SW Hall Blvd., Tigard, OR 97223. Please include the Land Use File (MIS2015-00005) and address your comments to Susan P Shanks. Information About the Proposal Description: The applicant is requesting a Type II Adequate Public Facilities Exception for a subdivision site in River Terrace on SW 150`h Ave that currently has preliminary plat approval. The request is administrative in nature and does not release the applicant from providing adequate public facilities to and within this site prior to final plat approval. The request is necessary for two reasons. 1. The city's development code requires the adoption of specific fees prior to the city's approval of a final plat for a subdivision in River Terrace. Some of these fees are to be paid by development after final plat approval. Some of these fees are to be charged to future River Terrace residents on their utility bills. The city has adopted all of the development fees but none of the utility fees. The city's delayed adoption of the utility fees does not prevent the applicant from providing the necessary facilities to and within this site or from paying the required development fees. 2. The applicant has proposed and constructed an alternative stormwater facility for this site. The city must now determine whether to accept the applicant's assertion that the alternative stormwater facility satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. Applicant: Stacy Connery Pacific Community Design 12564 SW Main Street Tigard, OR 97223 503-941-9484 City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Owner: Polygon WLH,LLC Fred Gast, Senior Vice President 109 E 13th Street Vancouver,WA 98660 Site Address: Multiple lots in River Terrace. See map on last page. Legal Description: Tax Map: 2S10800 Tax Lots: 1500, 1501, 1504, 1505, 1506 Zoning: R-4.5: Low-Density Residential District Approval Criteria: Tigard Community Development Code Section 18.660.030.D What You Should Know About This Type II Proposal An Exception request requires land use review and public notice. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. The city has until April 12, 2016 to make a final decision on this application. Type II decisions are made by the Community Development Director after consideration of relevant evidence and public comments received during the open comment period. The decision will be mailed to the applicant and to owners of property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise entitled to a decision notice. The decision maker may: • Approve the proposal. • Approve the proposal with conditions. • Deny the proposal. All evidence considered in the decision will be contained in the public record and available for public review. If you would like to review these materials, please schedule an appointment with the city's Records Management Specialist at 503-718-2483. If you wish to receive copies of the materials, the Records Management Specialist will prepare them for you at a reasonable cost. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder, Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 i c z -0 1-- z -n 0 g I i ,v W Zoning Map M WI - - =PENNIE�CN Generalized Zoning Categories Ip. — --I; Milan zm/� BURGUNDYS_T B E, Legend o aro' \ T S I " VRGUNDY CT ro ,\ F I Ii • n \Q ® Subject Site 1— -- er 1 n ,/r Zone Description O / N 'Residential m 4 igs Mixed Use Residential r- -CgERNET DR Cr. - -Mixed Use Central Business District v O .. r. II -Commercial oll vl t S.• ' - 11 Mixed Use Employment �11�lililliM11 i� Industrial ( ` Parks and Recreation ✓ o ..� �m tt�wtltlttr 2S1:08000,15.05 i f iiiii1 I.0 ; 6:11 1 '11 1 UIUI ®Washington County Zoning 111 NEM Illli ieNMI rMai imermi■MIE a Overlay Zones N ��11�1111�'�■�!!�-_O _.___ /xHistoric District Overlay • 2S1:08000 1 ��"�1 • Planned Development Overlay (NjT • • - ---l■llllltltrll__ 2S1 1.111 11 i/- m • o aoo 'y� fl- ____ i" ulllli.sl ! - • �C .; i„. ,..t V ... '\ �F _ 0 t Map Printed 04-Jan-16 ff ITfORtMTION ON DVS ENP S TOR GENERAL LOCATION ONLY AND SHOLLD 9E VERIFIED WITH THE DEVELOPMENT SERVICES DIVISION 0 �0 TA o DERI EDfROMMULTIPLE THE CITY OF TIOARD O R_7 \1ESNOTWARRANTY.REEMESAS TO IME v \ FNPRO EE N[SOGRTONE5t SM.ExH w \ WOODHUE ST .,i..r_____ . .A Place to Call Home- , __ Crty d Tigard 13125 SW Han Blvd 1 /� Feet Tigard,OR 97223 ^\l V/ 0 245 490III 503639-4171 ncnxo we.waeam-or gov EXHIBIT B 251080001507 2S108AC04400 ALBERTSON,BARRY D& AMIN,KIRANRAI LESLIE,ROBIN R AMIN,NILESH 15445 SW 150TH AVE 15302 SW BURGUNDY ST TIGARD,OR 97224 TIGARD,OR 97224 2S108BD09500 2S108AC04700 AYALA,DIANA R BAKER,RONALD E TRUST 14965 SW BROOKLET PL BAKER,NORA L TRUST TIGARD,OR 97224 15200 SW BURGUNDY ST TIGARD,OR 97224 2S108DA05900 BEACH,DAYLE D.&EVELYN O. BAX TER, 1'ERRANCE 0&KRIS TEN 11530 SW 72ND AVENUE 14875 SW COPPER HILL LN TIGARD,OR 97223 TIGARD,OR 97224 2S108BD08500 BEILKE,SUSAN BEADNELL,S ELVEN M&DENNEL W 11755 SW 114TH PLACE 15531 SW BURGUNDY ST TIGARD,OR 97223 TIGARD,OR 97224 BEILSI'EIN,ELLEN 2S108AD02100 14630 SW 139TH AVE BELL,ROBERT P AND TIGARD,OR 97224 MARY L 14970 SW 150TH TIGARD,OR 97223 2S108BD07800 2S108DA03800 BERTSCH,SAEKO&SHARON CHRISTIN BLANDIN,THEODORE D&JENNIFER 14979 SW JULIET TER 14835 SW HAWK RIDGE RD TIGARD,OR 97224 TIGARD,OR 97224 2S108DD07100 2S108AC04100 BOOTHBY,DARRIN F&MEGAN M BOWKER,GUY M&PAMELA J 14905 SW WOODHUE ST 15394 SW BURGANDY ST TIGARD,OR 97224 PORTLAND,OR 97224 2S108DA06500 BRENNEMAN,HEIDI BRAACH,AARON G&ALICIA A 11680 SW TIGARD DRIVE 14933 SW SOPHIA LN TIGARD,OR 97223 TIGARD,OR 97224 BUEHNER,GRETCHEN CAFFALL,REX PO BOX 230268 13205 SW VILLAGE GLENN TIGARD,OR 97281 TIGARD,OR 97223 multiple: 2S108AC03400 to 2S108AC03500 CAROL RENAUD—WACO CPO NEWSLETTER COORD. CAMERON LIVING TRUST OSU EXT. SVC- CITIZEN INVOLVEMENT FACULTY BY CAMERON,JEFFREY S&SUSAN K TRS 155 NORTH 1ST AVENUE SUITE 200 MS48 14943 SW 154TH TER HILLSBORO,OR 97124 TIGARD,OR 97224 2S108DA02801 2S108DA07200 CHISM,MARK E&HEATHER J CHONG,IN YONG&SOOK WON 185 SEA CREST LN 14866 SW SOPHIA LN 0 fl ER ROCK,OR 97369 TIGARD,OR 97224 CITY OF TIGARD 2S108BD07700 ATTN: SUSAN SHANKS CLAIRMONT,TIMOTHY DANIEL 13125 SW HALL BLVD. 14955 SW JULIET TER TIGARD,OR 97223 TIGARD,OR 97224 2S108AC04600 2S108BD08100 CLARK,JEFFERY JAN CLARK,LEALYN PAUL III TSENG,CARMEN KAR-MAN FOX,ALLISON 15234 SW BURGUNDY ST 15650 SW BURGUNDY ST TIGARD,OR 97224 PORTLAND,OR 97224 2S108DD09400 CONNERY,STACY CLEAN WATER SERVICES 12564 SW MAIN STREET 2550 SW HILLSBORO HWY TIGARD,OR 97223 HILLSBORO,OR 97123 2S108DA07600 2S108BD08400 COPPER HILL HOMEOWNERS ASSOC COX,ERNEST RUSSELL& ATTN:TODD BOYCE COX,CHRISTOPHER ALEY 15455 NW GREENBRIER PKWY#140 15530 SW BURGANDY ST BEAVERTON,OR 97006 TIGARD,OR 97224 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S108AC03800 multiple: 2S108DA00300 to 2S108DA00700 DEUTH,LANCE R&ANGELA M DITTMAN FAMILY TRUST 15361 SW CABERNET DR BY DITTMAN,ANNE MARIE&DERRYCK H TIGARD,OR 97224 15120 SW 150TH AVE TIGARD,OR 97224 2S108AC01800 2S108DA06100 EDWARDS,WILLIAM R&KAREN EHLERS,TIMOTHY D&TAFENIA C 15149 SW CABERNET DR 14869 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 ENGVALL,ANN ERDT,DON&DOROTHY 15461 SW 82 PL 13760 SW 121ST AVENUE TIGARD,OR 97224 TIGARD,OR 97223 2S 108BD09300 2S 108AD 14100 EVE[I'S,BRENT K&'I'ERRI L EZRA,SOLOMON 14930 SW BROOKLET PL 14906 SW BURGUNDY CT TIGARD,OR 97224 PORTLAND,OR 97224 2S 108AD 13900 2S108DA06200 FAKS,JALAL A HAL,TERRANCE&CHARLENE 14888 SW BURGUNDY CT 14870 SW COPPER HILL LN TIGARD,OR 97224 TIGARD,OR 97224 FOSTER,VANESSA 2S108ACO2600 13085 SW HOWARD DR FRITH,JAN REVOCABLE LIVING TRUS TIGARD,OR 97223 15172 SW CABERNET DR TIGARD,OR 97224 FROUDE,BEVERLY GALLUCCI,NAOMI 12200 SW BULL MOUNTAIN ROAD 11285 SW 78TH AVENUE TIGARD,OR 97224 TIGARD,OR 97223 multiple:2S108AD01800 to 2S108AD01900 GOODHOUSE,JOHN GASPER,ROBERT C AND EARLENE j 9345 SW MOUNTAIN VIEW LANE 14880 SW 150TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 108AD 14200 2S 108DA02100 GOSS-SEEGER,DEBRA GRUN,PAUL A&ELIZABETH U 14942 SW BURGUNDY CT 11852 SW ASPEN RIDGE DRIVE TIGARD,OR 97224 TIGARD,OR 97224 2S108DA07000 HAMILTON,LISA CPO 4B VICE CHAIR HAJDARI,KAMILIA 13565 SW BEEF BEND ROAD 1719 SW JOSHUA ST TIGARD,OR 97224 PORTLAND,OR 97219 2S108DA02700 HARDING,TODD&HERING JR,BLAKE. HANFORD,JERRY S& NORRIS BEGGS&SIMPSON HANFORD,DEBORAH L 121 SW MORRISON,SUI FE 200 14925 SW HAWK RIDGE RD PORTLAND,OR 97204 TIGARD,OR 97224 2S108AC01400 2S108BD08200 HARRIS,GREGORY D HASHIMA FAMILY TRUST 15279 SW CABERNET DR BY HASHIMA,JASON N&LISA K TRS TIGARD,OR 97224 14825 SW BROOKLET PL TIGARD,OR 97224 2S108AC03000 2S108DD07000 HAUNSPERGER FAMILY TRUST HERSHBERGER,MARK&ANYA BY HAUNSPERGER,JOHN T&E ELIZABET 14935 SW WOODHUE ST 15310 SW CABERNET DR TIGARD,OR 97224 TIGARD,OR 97224 2S108AC00900 2S108DA06900 HIGHLAND,MARK R&MICHELLE A HIRSCHMANN,ANDREAS&THERESA L 14845 SW 150TH AVE 14892 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 HOGAN,KEVIN 2S108DA06600 14357 SW 133RD AVENUE HOOVER,KELVIN P&DONNA K TIGARD,OR 97224 14955 SW SOPHIA LN TIGARD,OR 97224 2S108DA06700 HOWLAND,HAROLD AND RUTH HOPP,CARL W III&TIFFANY M 13145 SW BENISH 14932 SW SOPHIA LN TIGARD,OR 97223 TIGARD,OR 97224 2S108DA07300 2S108ACO2500 HUCKEY,MICHAEL D&MARGARET M I ILL,THOMAS H 14854 SW SOPHIA LN 15146 SW CABERNET DR TIGARD,OR 97224 TIGARD,OR 97224 2S108CA00200 2S1080001503 JACHTER FAMILY TRUST KADEL,ROGER A TRUST 15170 SW FINIS LN KADEL,JANET S TRUST TIGARD,OR 97224 15475 SW 150TH AVE TIGARD,OR 97224 2S108AC01900 2S108BD08600 KAMPSCHROEDER FAMILY TRUST KAUFMAN,JOHN S&SHARON C 15113 SW CABERNET DR 15567 SW BURGUNDY ST TIGARD,OR 97224 TIGARD,OR 97224 KEERINS,PATRICIA 2S108DA02000 15677 SW OREGON ST.APT 209 KETCHUM,RAYMOND&JULIE TIGARD,OR 97140 14830 SW HAWK RIDGE RD TIGARD,OR 97224 KIMMEL,DAVID 2S108AC01500 1335 SW 66TH SUITE 201 KIRBY,PAUL&KAREN PORTLAND,OR 97225 15243 SW CABERNET DR TIGARD,OR 97224 KNAPP,MONA 2S108AC01700 9600 SW FREWING STREET LARSON,ERIC A&SHERRI ROBINSON TIGARD,OR 97223 15175 SW CABERNET DR TIGARD,OR 97224 2S 108AD 14000 2S108DD06900 LEANDRES,DAVID M&DIANNE LESLIE,IAN G&ELENA QUIROS 14894 SW BURGANDY CT 14945 SW WOODHUE ST TIGARD,OR 97224 TIGARD,OR 97224 LISA HAMILTON CHAIR CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S 108DA06400 2S108ACO2400 MAXWELL,MICHELE LEBIEN MAYHEW,WAYNE E&JOAN W MAXWELL,PRESTON 15098 SW CABERNET DR 14901 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 2S108BD09400 MILDREN,GENE MCMILLAN,NISSA D&DONNIE RAY J MILDREN DESIGN GROUP 14960 SW BROOKLET PL 7650 SW BEVELAND ST,STE 120 TIGARD,OR 97224 TIGARD,OR 97223 2S108AC04300 2S108DA02300 MILLER,DOROTHY G REVOCABLE TRUS MONTPLAISIR,BRAD&WENDY COLLIN MILLER,EDWARD H III REVOCABLE TRUS 14990 SW HAWK RIDGE RD 15336 SW BURGUNDY ST TIGARD,OR 97224 TIGARD,OR 97224 multiple: 2S108DA03600 to 2S108DA03700 2S108BD09600 MOORE,CONRAD L&JANET MORNEAULT FAMILY TRUST 14505 SW HAWK RIDGE RD BY MORNEAULT,MICHAEL E&ELIZABETH TIGARD,OR 97223 14945 SW BROOKLET PL TIGARD,OR 97224 2S108ACO2000 MURDOCK,NATHAN AND ANN MOR I'ENSEN,GARY RICHARD& 7415 SW SPRUCE STREET MOR TENSEN,RACHEL G TIGARD,OR 97223 15067 SW CABERNET DR TIGARD,OR 97224 NEAL BROWN. GRI 2S108DA05700 MEADOWS INC REALTORS NEFF,GREG S&BECKY 12655 SW NORTH DAKOTA STREET 15025 SW 149TH PI TIGARD,OR 97223 TIGARD,OR 97223 2S1080001401 NEWTH,PATTY NEIDERS,REGINE I&GUNARS K 12180 SW MERESTONE COURT 14517 SE 178TH PL TIGARD,OR 97223 RENTON,WA 98058 2S108AC04500 2S108DA07100 NGUYEN,SUZAN NGUYEN,THERESA T 15268 SW BURGUNDY ST LE,PHAT TIGARD,OR 97224 14874 SW SOPHIA LN TIGARD,OR 97224 2S 108DA06300 2S108AD 14300 NIMZ,CLIFFORD A&DANA L PATEL,MRIDULA 14899 SW SOPHIA LN 14968 SW BURGUNDY CT TIGARD,OR 97224 TIGARD,OR 97224 2S108AC01600 2S108AC03100 PATRICE,M JANECE TRUST PEARL,LORI J BY PATRICE,M JANECE&JAMES A CO-T 15344 SW CABERNET DR 15217 SW CABERNET DR TIGARD,OR 97224 TIGARD,OR 97224 2S108BD08000 2S108DA05800 PERALA,JEFFREY E&CONNIE A PETERS,JULIA&EDWARD 14950 SW JULIET 1'ER 15020 SW 149TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S108CD00100 2S108AC05600 PE PERSON,CINDI R PHILLIPS,LINDA TRACY PETERSON,DONALD A RENUNCIATION TRU 14831 SW 154TH TER 15601 SW APRIL LN TIGARD,OR 97224 TIGARD,OR 97224 multiple: 251080001500 to 251080001506 2S108DA02600 POLYGON NX/LH LLC PREECE,JEFFREY T REV TRUST 109 E 13TH ST,S I'E 200 14935 SW HAWK RIDGE RD VANCOUVER,WA 98660 TIGARD,OR 97224 2S108AD02000 2S108CA00300 RANDALL,CALEB S RASMUSSEN,ROGER&NANCY 14900 SW 150TH AVE 15165 SW FINIS LN TIGARD,OR 97224 TIGARD,OR 97224 2S108AC03700 2S108AC03600 REVERMAN,WILLIAM C&BEVERLY G RICE,VALERI R 15385 SW CABERNET DR 14915 SW 154TH TER TIGARD,OR 97224 TIGARD,OR 97224 RORMAN,SUE 2S108DD06800 11250 SW 82ND AVE ROSS,JAMES&KIM TIGARD,OR 97223 14975 SW WOODHUE ST TIGARD,OR 97224 RUEDY,ROBERT 2S108DA02800 14185 SW 100TH AVENUE SCHMID,LISA ANN TIGARD,OR 97224 14915 SW HAWK RIDGE RD TIGARD,OR 97224 2S108BD08700 2S108ACO2800 SINCLAIR,TAMARA I SLATER,S I'EPHEN J 15599 SW BURGUNDY ST 15240 SW CABERNET ST TIGARD,OR 97224 PORTLAND,OR 97224 2S108AD14500 SPRING,BRAD SPECTRUM DEVELOPMENT LLC 7555 SW SPRUCE STREET PO BOX 3440 TIGARD,OR 97223 WILSONVILLE,OR 97070 STALZER,CHARLIE AND LARIE 2S108DA02200 14781 SW JULIET TERRACE STIPPICH,DAVID L/INGER TIGARD,OR 97224 14970 SW HAWK RIDGE RD TIGARD,OR 97224 2S108DA06800 SUNDBERG,ROSS STONE,CRAIG&AMY 16382 SW 104TH AVE 14900 SW SOPHIA LN TIGARD,OR 97224 TIGARD,OR 97224 2S108ACO2300 2S108DA06000 SWANSON,SALLY J TERRILL,MARK G&MANDY M 15064 SW CABERNET DR 15007 SW 148TH TER TIGARD,OR 97224 TIGARD,OR 97224 2S108ACO2200 THOMPSON,GLENNA THOMAS,JOHN&LYNETTE JNT REV T 13676 SW HALL BLVD UNIT 2 15022 SW CABERNET DR TIGARD,OR 97223 TIGARD,OR 97224 2S108ACO2700 2S108AC03200 THOMPSON,KENNETH E&PAULA K TORNBLAD,ALBERT&RITA 15194 SW CABERNET DR JOINT LIVING TRUST TIGARD,OR 97224 15376 SW CABERNET DR TIGARD,OR 97224 2S 108AC03900 2S108DA02500 TYACKE,TREVOR N&LISA N VANHEEL,JEFFREY D 15327 SW CABERNET DR 14945 SW HAWK RIDGE RD TIGARD,OR 97224 TIGARD,OR 97224 WALSH,DAVID WEGENER,BRIAN 10236 SW STUART COURT 9830 SW KIMBERLY DRIVE TIGARD,OR 97223 TIGARD,OR 97224 2S108AC03300 2S108ACO2100 WESTPHAL,COLLEEN A WHISLER,DEBORAH L&THOMAS D ENGELSTAD,MARK E 15025 SW CABERNET DR 15398 SW CABERNET DR TIGARD,OR 97224 PORTLAND,OR 97224 2S108DA01900 2S108BD07900 WINTHERS,WILLIAM C&LORRAINE M WOOD,TIM R&JODY L 14800 SW HAWK RIDGE RD 14966 SW JULIET TER TIGARD,OR 97224 PORTLAND,OR 97224 2S108AC04200 2S108ACO2900 YAHNA,CHRISTOPHER J&STACEY D YARBROUGH,CHARLES J TRUST& 15370 SW BURGUNDY ST YARBROUGH,BARBARA A TRUST TIGARD,OR 97224 BY YARBROUGH,CHARLES J/BARBARA 15300 SW CABERNET DR TIGARD,OR 97224 2S 108AD 14400 YI,EUN CHONG&CHONG HUN 14990 SW BURGUNDY CT TIGARD,OR 97224 PORTLAND City of Tigard Pews P°s r III IF CAR 9A) 0, 13125 SW Hall Blvd. lie AN '16 'ijIi • e 7-"i /� I3TIGARD Ti andOre on-97223 4 g g 05 2016 LF' •R•• • MAILED FROM ZIP CODE 97223 CD/SS •41 ;-a'1 600 - 1 COPPER HILL HOMEOWNERS ASSOC : TTN: TQI DBOYCE-54_ T y 15455 NW.��jG�REENBRIER PKWY #140 NI XT E 9{ G DE. 0001/12/16 1 RETURN T O SENDER T 'DEi....I VERAS•LE AS ADDRESSED LINABLE TO FORWARD ' BC: 97223E16799 *0329-040E "- ;-• .c; 'i 7Cg: Zing i - 6:2 1 e l'ili11111t.flit.i33?'illhiiil'il31i1i1 Hs1Q cilli l!lh'Ilii 1 !Illi a- City of Tigard � is Posrq� 5 ' 13125 SW Hall Blvd. F ..._<_41S. S/� F a PITNEY BOWES TIGARD Tigard, Oregon 97223 • ;rc 4.-:• 000.485 02 1P }1 •' : 0000874827 JAN 05 2016 •MAILED FROM ZIP CODE 97223 a CD/SS CITY OF TIGARD ATTN: SUSAN SHANKS 13125 SW HALL BLVD. TIGARD, OR 97223 3-2-y:1:61.rir.ii coo2 r'idr i ill'iiiiliviiihiliiiiiiiiiipiiiiiiil,iiiiiiii:,iiii, PORTL •,,N1) IN City of Tigard : 13125 SAX: Hall Blvd. OP: Si:ILI 1S 1.AN '16, 4p.-ces POSp,_ ,,,,,,, . .§ .... . 1... ifir , :::.„..—:_ [4,41,44 A% 4 YA1154S 411V •., tpryskiEv Boras 0 TIGARD Tigard, Oregon 97223 t-re?, .2f, L -1c74 Plire 0 2 1 P I...t.w.. .... . ..., _ $ 000.485 0 ,:ltrc•7,14 0000874827 JAN 05 2016 CD/SS fl\ f I I N667 41 C 1 IrKLIrtir; MAILED FROM ZIP CODE 97223 2S108AD14500 rSPECTRUM DEVELOPMENT LLC _ --7471-i-Tor444..a ettiti.-74 r PO BOX 3440 iixE3Y F sETURN TO SENDER NOT DELIVERABLE 14, PWLIKt' '.-- LI BC: 97223o:1771...:9 70 F OR W AR D *0329-G410S-05-45 "1"1'111111illiii1"/"Illuillill'InildtliiwilYiliP- i . _ APPLICANT MATERIALS INI I I(EARI) City of Tigard December 28, 2015 Stacy Connery Pacific Community Design 12564 SW Main Street Tigard, OR 97223 Re: Adequate Public Facilities Exception Application (River Terrace Area 7) Land Use File No. MIS2015-00005 Dear Ms. Connery, The City of Tigard received your amended application for a Type II Adequate Public Facilities Exception on December 24, 2015 for River Terrace Area 7, also known as Polygon at Bull Mountain. Staff has reviewed your amended application and determined that it is substantially complete as of December 24, 2015, for the purpose of beginning the 120-day review period for final decision. Per State law, the city has until April 22, 2016 to issue a final decision on this application. The formal comment and review process typically takes between four to six weeks. However, the city may take longer to review and decide on this particular application given the inherent complexities and policy implications associated with it. Should you have questions about anything in this letter, please contact me at susans(a,tigard- or.gov or 503-718-2454. Sincerely, Susan P Shanks Senior Planner CC: MIS2015-00004 Land Use File Fred Gast, Polygon WLH,LLC Senior Vice President Tom McGuire, City of Tigard Assistant Community Development Director Lori Faha, City of Tigard City Engineer Kim McMillan, City of Tigard Assistant City Engineer Greg Berry, City of Tigard Project Engineer Toby LaFrance, City of Tigard Finance and Information Services Director 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 11111 II TIGARD City of Tigard December 21, 2015 Stacy Connery Pacific Community Design 12564 SW Main Street Tigard, OR 97223 Project: Adequate Public Facilities Exception Site: Polygon at Bull Mountain in River Terrace (Area 7) Land Use File: MIS2015-00005 (Type II) Dear Ms. Connery, Please be advised that the above-referenced application has been deemed incomplete pursuant to Oregon Revised Statutes 227.178. The time period in which the city must take final action is suspended pending resolution of the item listed below. The following item needs to be submitted in order for your application to be deemed complete: • A detailed response to Tigard Community Development Code (TCDC) Section 18.660.030.D.2.b. This section requires the applicant to propose an alternative for providing its proportional share of the infrastructure funding and/or facilities when either the recommended fees have not yet been adopted and/or the recommended facilities have not yet been constructed per the River Terrace Funding Strategy and related infrastructure master plans. In this case, the alternative must specifically address how the applicant will provide its proportional share of the funding for the regional stormwater conveyance system recommended for Strategy Area C by the River Terrace Stormwater Master Plan. A statement that the applicant will provide a development agreement to satisfy this requirement is insufficient. This letter contains the completeness review from all relevant City Departments. Please be advised that no further action will be taken on your application until one of the following events occurs: (1) you submit all completeness items, (2)you submit some completeness items and request that the city deem your application complete, or(3) you submit no completeness items and request that the city deem your application complete. Once your application is deemed complete, staff will review your application for approvability. Per ORS 227.178, your application will be void if one of the three actions listed above is not taken within 180 days of the date you submitted your application. The date on which your application would become void is May 22, 2016. Please be aware that application fees are non- refundable. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Determination of Completeness Page 2 Land Use File MIS2015-00005 If you feel that I have made an error in my assessment of completeness, please notify me immediately so that we may resolve the issue. If you have any questions or concerns, please contact me at 503-718-2454 or susans@tigard-or.gov. Sincerely, u an P Shanks Senior Planner Copy: Land Use File MIS2015-0005 Fred Gast, Polygon WLH, LLC Senior Vice President Tom McGuire, City of Tigard Assistant Community Development Director Lori Faha, City of Tigard City Engineer Kim McMillan, City of Tigard Assistant City Engineer Greg Berry, City of Tigard Project Engineer Toby LaFrance, City of Tigard Finance and Information Services Director Li it !�"I lY 607,."71 6p-A-Y rilyi neer#,T Pacific ��""/ �/( Community Design " . f( "" W`) De (NI 5C.,, F, �u '( Job Name: Polygon at Bull Mountain Job Number: 395-031 k1(le- L. 'EX. Petra— Prepared By: Erik Graham Reviewed By: Jim Lange -Zt..,-11 t 71 7e !7h. Date: 2/16/2016 Cost Estimate - Detention Pond 82. :' IS -Tc-ii •s9 S,344. Z 3 PLO- e.e r 4 L.* ,r.ccr, Qu e. ' 4 A-Construction Costs LAPIp CAST' ` ,.n ,.. , .item. nit Pace .9.4tVA t ,. i*v 010:* , Strip Site to 6"depth,Screen Material for Use as Embankment or use in WQ Facility, Dispose of $9.40 CY 910 $8,554 Unsuitables Offsite Excavation,Cut to Fill $3.80 CY 12,196 $46,345 Extra for Rock Excavation,Mass Grading (Allowance,to be field measured) $14.60 CY 3,500 $51,100 18"Ductile Iron Pipe with Native Backfill $100.00 LF 42 $4,200 18"C900 PVC Pipe with Granular Backfill $82.00 LF 61 $5,002 72"Water Quality Manhole $6,180.00 EA 1 $6,180 Water Quality Facility Outfall-Double Ditch Inlet $5,070.00 LS 1 $5,070 Structure Water Quality Facility/Detention Pond Topsoil, Grading,and Matting $1.00 SF 49,100 $49,100 Native Trees,Shrubs,and Grasses Planting and $3.00 SF 38,975 $116,925 Mulching Pond Overflow Rip Rap $3,560.00 LS 1 $3,560 WQ Swale Outfall Rip Rap $1,314.00 LS 1 $1,314 Excavation and Backfill of Cast In Place Water $8,100,00 EA 1 $8,100 Quality Swale Walls Construct Walls,Underdrain,Rock Section for $25,000.00 EA 1 $25,000 Cast in Place Water Quality Swale Planter Box Water Quality Access Road)T'depth AC over 8" $5.50 SF 1,450 $7,975 Base) 4'Black Vinyl.Chainlink Fence with 12'Gate $23.40 LF 200 $4,680 2 Rail Cedar Split Rail Fence $15.40 LF 450 $6,930 Community Ammenities $1.00 Is 15,000 $15,000 SCHEDULE A-CONSTRUCTION COSTS $365,035 3 L5',03.$" X ?. 1 ;34' . 278/ °°e• 46 Schedule B-Misc Costs Engineering/Surveying Costs(13.5%) $49,279.70 LS 1 $49,280 41 , zeo Land Purchase(38,975 SF=0.89 AC) $350,000.00 AC - $0 Soft Costs(7%of Construction Costs-PFI Fees) $25,552.44 LS 1 $25,552 ,5 '5752" / SCHEDULE B-MISC COSTS $74,832 71832— Schedule C-Misc Costs '"(j Lots lost due to detention basin,including cost of $200,000.00 EA 6 C.$1,20 + 2,713 OD, s Au oT A-1/*HtA4L t lc. -p it .Tfm.. l/ 109 GQ1! wavL.b L. '( .-- • SCHEDULE C-MISC COSTS $1,200,000 Total Cost $1,639,867 -7 171 $7 Es 3 395031 Cost Estimate-Detentice lend 2011-021E x!sx 2/1 7/2016,1 3 PM , ii . Page 1 011 / 1 t A f 11 ii , y ,, LA- City of Tigard e COMMUNITY DEVELOPMENT DEPARTMENT TIII pp IGARD Master Land Use Alicationn LAND USE APPLICATION TYPE ❑ Adjustment/Variance (II) ❑ Minor Land Partition (II) El Comprehensive Plan Amendment(IV) ❑ Planned Development(III) ❑ Conditional Use (III) ❑ Sensitive Land Review(II or III) ❑ Development Code Amendment (IV) ❑ Site Development Review(II) ElDowntown Design Review(II,III) ❑ Subdivision (II or III) El Historic Overlay(II or III) El Zone Change (III) ❑ Home Occupation (II) ❑ Zone Change Annexation (IV) © Miscellaneous-Adequate Public Facilities Exception (II) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) Miscellaneous exception to City of Tigard Community Development Code Section 18.660.030.6 1-3. and 18.660.030E.5 a-c for SUB2015-000005 "Polygon at Bull Mountain" PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 15225 SW 150th Ave Tax maps and tax lot #s: 2S10800 TL 1500, 1501, 1504, 1505, and 1506 Total site size: 30 AC Zoning classification: R 4.5 FOR STAFF USE ONLY APPLICANT INFORMATION r t �E Name: Pacific Community Design, Inc. . lt�[ • r Mailing address: 12564 SW Main Street a City/state: Tigard, Oregon Zip: 97223 c s Phone number: 503-941-9484 ie _•� Z 3 Primarycontact name: Stacy Connery Dare 5 Phone number: 503-941-9484x •vy- ,-; A . •"`a , ° Email: Stacy@Pacific-Community.com City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Polygon WLH, LLC. Fred Gast Senior Vice President- Division President Mailing address: 109 E 13th Street City/state: Vancouver, WA Zip: 98660 Phone: 360-695-7700 Email: Fred.Gast(c PolygonHomes.com `When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANTS) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All 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,map 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(s). Applicant's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of each owner of the subject property required / / 1.7/ic Owner's si ature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 INNC I 2 .1. VI's ® City of Tigard TIGARD Memorandum To: Jim Lange,Pacific Community Design From: Susan P Shanks,Senior Planner Re: Pre-Application Conference Notes (Exception to River Terrace Provision of Adequate Public Facilities — TCDC 18.660.030.D) Date: November 23, 2015 On November 18,2015, the City Attorney and staff from the Community Development, Engineering, and Finance departments met with you to discuss the process for demonstrating compliance with the requirements of Tigard Community Development Code (TCDC) Subsections 18.660.030.B and E. Both of these subsections are specific to the provision of adequate public facilities in River Terrace. Meeting Attendees: • Jim Lange,Pacific Community Design (Applicant) • Shelby Rihala, City Attorney • Toby LaFrance, Finance Director • Kim McMillan, Assistant City Engineer • Susan P Shanks, Senior Planner • Albert Shields, Program Development Specialist Subsections 18.660.030.B.1—3: This subsection requires that specific funding components of the River Terrace Funding Strategy are adopted and in effect prior to subdivision or planned development approval. The applicant has obtained several subdivision and planned development approvals and deferred compliance with Subsections 18.660.030.B.1 —3 until final plat approval as permitted by Section 18.660.040.C. Since the city has adopted the system development charges (SDC) but not the three utility fees listed in this subsection, the applicant is now seeking an exception to the requirements of Subsections 18.660.030.B.1 —3 in order to obtain final plat approval once all other relevant conditions of approval have been met. Exceptions are permitted per Section 18.660.030.D. Subsection 18.660.030.E.5: This subsection requires compliance with the River Terrace Stormwater Master Plan and stormwater management standards. Since the city has approved construction of an interim facility to manage stormwater from one of the applicant's sites in Strategy Area C (Land Use Application SUB2015-00002), the applicant must now demonstrate how it is providing its proportional share of the funding for the regional conveyance facility recommended by the River Terrace Stormwater Master Plan for Strategy Area C per 18.660.030.D.2.b. The applicant may propose a development agreement to satisfy this requirement. Submittal Requirements: • Subsection 18.660.030.D specifies that an Exception application shall be processed through a Type II procedure per Section 18.390.040. o 18.390.040.A—Our Nov 18,2015 meeting satisfies your pre-application conference requirement for all Exception applications submitted on behalf of Polygon Northwest. This memo constitutes your pre-application conference notes. You will be required to pay for this pre-application conference at the time of your first Exception application submittal. The fee is $718. o 18.390.040.B.2.a—Since the need for an Exception application is limited, the city will process it as an MIS (Miscellaneous) application. Use the city's master land use application form and simply add a box under Land Use Application Type as follows: Miscellaneous—Adequate Public Facilities Exception (II) o 18.390.040.B.2.b—Your application should state that you are seeking an exception to the requirements of Section 18.660.030.B. Your narrative should address Subsections 18.660.030.D.2 in detail. o 18.390.040.B.2.c—Since no specific fee has been assigned to an Exception application, the city will charge you its standard Type II fee of$718 per application. o 18.390.040.B.2.d—Submit the required envelopes in fulfillment of the city's notice requirements. o 18.390.040.B.2.e—An impact study is not required with an Exception application. • The city requires the submittal of at least two Exception applications. Contrary to what was discussed in the meeting, the city requires a separate Exception application for Polygon at Bull Mountain (SUB2015-00002) since it will be substantially different from the others due to its location in Strategy Area C. You may choose to submit a single Exception application for the remaining Polygon Northwest sites. Additional Notes: Approval of an Exception application will satisfy existing conditions of approval (SUB2015- 00002 and various River Terrace Planned Developments) that specifically require a Development Agreement to demonstrate compliance with Section 18.660.030.B. Pacific V' 2 4 2015 Community Design MEMORANDUM DATE: November 24, 2015 TO: Susan Shanks, City of Tigard FROM: Stacy Connery, Pacific Community Design RE: "Polygon at Bull Mountain" SUB2015-000002 Type II Miscellaneous Exception to TDC Sections 18.660.030.B.1-3 and 18.660.030.E.5 This memo is written on behalf of the applicant, Polygon WLH, LLC, to request approval of an exception to Tigard Community Development Code (TDC) Sections 18.660.030.6.1-3 (River Terrace Funding Strategy components) and 18.660.030.E.5 (River Terrace Stormwater Master Plan for Strategy Area C). The City has adopted the system development charges (SDC), but has not yet adopted the three utility fees listed in Section 18.660.030.B.1-3. The regional downstream conveyance infrastructure for Strategy Area C has not yet been built, necessitating the requested exception to Section 18.660.030.E.5. Polygon is building an on-site storm water detention facility as part of the "Polygon at Bull Mountain" subdivision. Compliance with the applicable approval criteria for the requested exception is documented as follows (Section 18.660.030.D.2). D. Exception. 1. An exception to one or more of the standards in subsection B of this section may be obtained through a Type II procedure as governed by Section 18.390.040. 2. An exception shall be granted only if the applicant: a. Demonstrates that the exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum, and River Terrace Funding Strategy; and Response: The exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation Plan Addendum and River Terrace Funding Strategy. "Polygon at Bull Mountain" has approved infrastructure plans that are consistent with the afore-mentioned plans and addendums. Polygon will notify future home buyers of the future utility fees in accordance with Subsection 18.660.030.D.2.c. (see response below). Polygon is building an on-site storm water detention facility as part of the "Polygon at Bull Mountain" subdivision. As documented below, the alternative, on-site storm water detention facility will comply with the Additional Standards of TDC Section 18.660.030.E.5. Mail: 12564 SW Main Street, Tigard, OR 97223 Phone: (503) 941-9484 Website: www.pacific-communitv.com Fax: (503) 941-9485 b. Has proposed alternative(s) that ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. This may include, but is not limited to, a development agreement or reimbursement district; and Response: Polygon has proposed a development agreement as an alternative to assure provision of its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. c. Agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees or SDCs as described in the River Terrace Funding Strategy; Response: Polygon agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees as described in the River Terrace Funding Strategy, if these are not in place at the time of building permit issuance. d. Executes an agreement prepared by the city agreeing that, if the new transportation SDCs described in paragraph B.1 of this section are not in effect at the time of building permit issuance, the applicant shall pay an amount equal to the SDC amount assumed in the River Terrace Funding Strategy. No credits shall be issued against this payment, but the city shall issue a refund if: i. The applicant made improvements to a facility that is eligible for credit under an adopted SDC credit, up to the amount of the credit, or ii. An SDC is adopted and paid by the applicant or its successor, up to the amount of such payment, or iii. The city has not adopted the SDCs within two years of the effective date of this ordinance. Response: Polygon agrees to execute an agreement prepared by the city agreeing that, if the new transportation SDCs are not in effect at the time of building permit issuance, Polygon will pay an amount equal to the SDC amount assumed in the River Terrace Funding Strategy. Polygon recognizes that the city shall issue refunds pursuant to 18.660.030.D.2.d.i - iii. E. Additional Standards 5. If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on- or off-site regional facility that has not yet been provided, the applicant may propose alternative and/or interim systems and facilities as described in the River Terrace Stormwater Master Plan. a. Development approval for an interim facility shall include a condition to decommission the interim facility, connect it to the permanent facility when it becomes available to serve the development, and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. Response: For "Polygon at Bull Mountain", compliance is dependent upon an off-site conveyance system for Strategy Area C that has not yet been provided. Polygon proposed an alternative on-site detention facility with the preliminary subdivision application, which was approved by the City and is under construction. The preliminary subdivision approval included a condition (Condition #23 of SUB2015-00002) to decommission the interim facility and connect it to the permanent facility when it becomes available to serve the subject development and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. b. Development approval for an alternative or on- or off-site regional system or facility may include a condition to form a reimbursement district. Response: Polygon does not request formation of a reimbursement district. c. No stormwater management system or facility shall be approved if it would prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. Response: The proposed on-site detention facility was approved with the preliminary subdivision approval (SUB2015-00002). The on-site detention facility was determined to not prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. Based on the above demonstration of compliance with the approval criteria for an exception, Polygon respectfully requests approval of an exception to Tigard Community Development Code Sections 18.660.030.B.1-3 (River Terrace Funding Strategy components) and 18.660.030.E.5 (River Terrace Stormwater Master Plan for Strategy Area C compliance). 4-11,d4encl. mater/ .5 G ' % Pacific /S.&apo, p30.D.Z, Coiii unify RECEIVE® Design DEC 242015 December 24, 2015 CITY OF TIGARD PLANNING/ENGINEERING Ms. Lori Faha City Engineer City of Tigard Via email LoriF@tigard-or.gov Dear Ms. Faha, Please accept this letter as a formal request to have the stormwater water quality and detention facility (Facility) being constructed with the Polygon at Bull Mountain subdivision (Project) be accepted as a permanent alternative drainage facility and that our financial participation in the Strategy Area C improvements be satisfied by funding and constructing the Facility. The Project consists of the development of just over 24 acres of a 30 acre site that lies at the upstream end of Drainage Area T9 as shown in the River Terrace Stormwater Master Plan adopted September, 2014. The site is bisected and is tributary to an existing natural drainage way labeled T9 in the same plan. In the master plan, Drainage Area T9 is included in Strategy Area C. Projects in Strategy Area C are required to meet Clean Water Services water quality requirements, and then connect to or construct regional downstream conveyance improvements without detention or otherwise attenuating peak flows. In the case of this project, the downstream conveyance improvements include 2,100 feet of pipe to divert water from Drainage Area T9 to Drainage Area 18, and another 3,800 feet of pipe to convey stormwater directly to the Tualatin River. Since it is not feasible to construct these improvements with this Project, a Facility meeting all of the requirements of a regional facility as defined in the Public Improvement Design Standards is being constructed with this project. Besides meeting the water quality and quantity standards, this Facility meets the community amenity standards by the inclusion of education amenities. Page 1 of 2 Mail: 12564 SW Main Street Tigard, OR 97223 Phone: (503)941-9484 Website: www.pacific-community.com Fax: (503)941-9485 As documented in the approved drainage report, the Project Facility has reduced flow rates from the Project below pre-development discharge rates as follows: 2-Year 5-Year 10-Year 25-Year 100-Year Pre-Developed Flow(cfs) 0.91 1.40 1.70 2.03 2.44 Developed Flow(cfs) 4.30 5.12 5.57 6.07 6.71 Mitigated Developed Flow(cfs) 0.47 0.72 0.94 1.29 1.97 Reduction from Pre-Developed 48% 49% 45% 36% 19% Flow Rate The construction of this Facility has mitigated downstream impacts from the Project. The Facility will not materially impact implementation of the River Terrace Stormwater Master Plan, and should reduce the remaining system cost due to the reduction in length and size of the system required to develop the remainder of the area. Through funding and constructing the Facility,the Project has contributed its proportional share within Strategy Area C. For these reasons, we are requesting that the Facility being constructed with this project be accepted as a permanent alternative drainage facility and that our financial participation in the Strategy Area C improvements be satisfied by funding and constructing the Facility. Thank you for your consideration of this request. Sincerely, Jim Lange, President Page 2 of 2 f/itc/t/n, 74 /71 I/161/(1) ` ( 1g ':4 1767'15 SECTION I. DECISION The City of Tigard Community Development Director's designee has APPROVED the applicant's adequate public facilities exception request, subject to the condition of approval listed below.The findings and conclusions on which this decision is based are included in Section V. Condition of Approval: Prior to final plat approval for the underlying land use approvals SUB 2015-00002,provide the city with the language and mechanism by which the applicant will disclose in writing to each purchaser of property for which a building permit has been obtained that the property maybe subject to future utility fees as described in the River Terrace Funding Strategy. SECTION II. APPLICATION SUMMARY File Name: River Terrace(Area 7)Adequate Public Facilities Exception File No.: MIS2015-00005 Application The applicant is requesting a Type II Adequate Public Facilities Exception for a subdivision site in Proposal and in River Terrace on SW 150th Ave that currently has preliminary plat approval.The request is Background: administrative in nature and does not release the applicant from providing adequate public facilities to and within this site prior to final plat approval. The request is necessary for two reasons. 1. The city's development code requires the adoption of specific fees prior to the city's approval of a final plat for a subdivision in River Terrace. Some of these fees are to be paid by development after final plat approval. Some of these fees are to be charged to future River Terrace residents on their utility bills.The city has adopted all of the development fees but none of the utility fees. The city's delayed adoption of the utility fees does not prevent the applicant from providing the necessary facilities to and within this site or from paying the required development fees. 2. The applicant has proposed and constructed an alternative stormwater facility for this site.The city must now determine whether to accept the applicant's assertion that the alternative stormwater facility satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. Applicant: Stacy Connery Pacific Community Design 12564 SW Main Street Tigard, OR 97223 Owner: Polygon WHL,LLC Fred Gast, Senior Vice President 109 E 13th Street Vancouver, WA 98660 Land Use: Low-Density Residential Zoning: R-4.5: Low-Density Residential District. The R-4.5 zoning district 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 and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Location: Washington County Tax Map(WCTM)2S108: 1500, 1501, 1504, 1505 and 1506. Review Criteria: Tigard Community Development Code(TCDC) Section 18.660.030.D SECTION III. PROPERTY BACKGROUND SUMMARY Property History: The property was added to the Urban Growth Boundary(UGB) in 2002 and annexed to the City of Tigard in 2011. City zoning was applied to the property in 2015 after adoption of the River Terrace Community Plan in 2014. Property and Vicinity Information The property consists of 5 tax lots,totaling roughly 30 acres, that have obtained preliminary plat approvals to subdivide and develop with homes,parks, streets,trails, and other necessary infrastructure. The file number for the underlying land use approval for this site is as follows: SUB2015-00002. The site is located in River Terrace west of SW 150th Avenue. The site abuts unincorporated Washington County to the north and east, and River Terrace to the west and south.The land in and adjacent to this site is primarily undeveloped farm land, except for the unincorporated land to the north and east that was previously developed with homes to urban standards. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject property be notified of the proposal to give them the opportunity to discuss the proposal with staff and the applicant and submit written comments prior to a decision being made. Staff mailed Notice of a Type II Proposal regarding this Adequate Public Facilities Exception on January 5, 2016.Two(2)letters of Public comment were received. Comments received touched on the applicant's proportional share of funding for the regional stormwater facility,the adequacy of the alternate stormwater facility as determined by the City Engineer and Clean Water Services, implementation of the River Terrace Stormwater Master Plan if the alternate facility is approved, and timing of construction of the alternate facility in relation to the requested exception. One of the commenters asserts that the River Terrace Stormwater Master Plan does not anticipate alternate facilities on Page 12. However,proposals for alternate on-site facilities are specifically contemplated within Strategy Area C as described on Page 22 of the River Terrace Stormwater Master Plan The land use approval for the subdivision(SUB2015-00002) included conditions recognizing the alternate on-site stormwater detention facility as an interim facility. The applicant has had ongoing discussions with city staff during the design and review of the alternate facility to have the facility recognized as a permanent alternate stormwater facility. Both the city and Clean Water Services have approved the alternate stormwater facility as being in compliance with the applicable design standard for each agency. This exception is the formal process for the city accept the alternate facility as permanent and as the applicant's proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. The findings below address the relevant approval criteria for this request. SECTION V. APPLICATION REVIEW CRITERIA AND FINDINGS 18.660.030 Provision of Adequate Public Facilities B. Approval Standard. Land use applications for subdivisions,partitions,planned developments, site development reviews, and conditional uses may be approved when the applicable standards in subsection E of this section are met by the applicant and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: 1. Transportation. A citywide transportation system development charge(SDC), a River Terrace transportation SDC, and a River Terrace transportation utility fee surcharge. 2. Sewer. A citywide utility fee surcharge. 3. Stormwater. A River Terrace stormwater utility fee surcharge. Finding: The applicant has met or will meet all applicable standards in subsection E, as described in the finding below for Section 18.660.030.E.5 and in accordance with the conditions of approval imposed in the related underlying subdivision approvals, specifically SUB2015-00002. The city adopted the SDC funding components listed above on April 2015 but has yet to adopt the utility fees for transportation,sewer,and stormwater.As a result,the applicant submitted an Adequate Public Facilities Exception application. Additionally, subsection 18.660.030.E.5 allows alternative stormwater management systems and facilities as described in the River Terrace Stormwater Master Plan,if compliance with stormwater management standards is dependent upon an off-site conveyance system or an on-or off-site regional facility that has not yet been provided. The applicant's Adequate Public Facilities Exception request includes the proposed and constructed alternate stormwater facility. The city's approval of this application,as embodied by this decision,effectively exempts the applicant from having to wait for the city to adopt all of the funding components listed above prior to obtaining final subdivision plat approvals from the city,and accepts this alternate stormwater facility as the applicant's proportionate share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. This approval standard is met. D. Exception. 1. An exception to one or more of the standards in subsection B of this section may be obtained through a Type II procedure as governed by Section 18.390.040. Finding: The applicant submitted the proper forms,fees,and materials for a Type II application. The city provided the proper public notice. 2. An exception shall be granted only if the applicant: a. Demonstrates that the exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum,River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum, and River Terrace Funding Strategy; and Finding(Request 1): The applicant has demonstrated that the requested exception does not materially impact implementation of the various River Terrace master plans and funding strategy. The future utility fees to be adopted by the city are to be charged to future River Terrace residents,not developers. The applicant,as the developer's representative,will contribute its proportionate share of the public facilities needed to serve River Terrace through payment of adopted SDCs and construction of on-and off-site public facilities as required by the underlying subdivision approval. This approval standard is met. Finding(Request 2): The applicant has demonstrated that the requested exception to allow an alternate stormwater facility does not materially impact implementation of the River Terrace Stormwater Master Plan. The subdivision site lies at the upstream end of Drainage Area T9 in Strategy Area C. The site is bisected by and is the tributary to the existing natural drainage channel labeled as T9. The River Terrace Stormwater Master Plan anticipates alternate proposals as evidenced by Section 3—Stormwater Concept Plan and Estimated Cost,which includes the following challenge and strategy for implementation within Strategy Area C (Page 22). Detention and/or discharge—It may be possible on certain properties within the high-flow conveyance area to detain water in an existing wetland and/or discharge runoff directly into one of the existing drainage channels upstream of the high-flow conveyance system. Such proposals will be considered by the city provided that: o Their design and location are approved by all applicable authorities; o They meet the City Stormwater Design Standards; and, o They do not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution. The applicant's alternate stormwater facility will detain water adjacent to an existing wetland and discharge runoff directly into the on-site existing drainage channel(T9)upstream of the high-flow conveyance system. The design and the location of the alternate stormwater facility have been approved by all applicable authorities,including the City and Clean Water Services. The alternate stormwater facility meets the City Stormwater Design Standards,as evidenced by the City's approval of the facility for construction. The alternate stormwater facility will not materially impact implementation of the River Terrace Stormwater Master Plan as it should reduce the remaining system cost due to the reduction in length and size of the system required to develop the remainder of the area. This approval standard is met. b. Has proposed alternative(s)that ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans.This may include,but is not limited to, a development agreement or reimbursement district; and Finding: This requirement is only applicable to the applicant's proposed and constructed alternative stormwater facility for this site. Proportionality for stormwater facilities is determined by rates of increased stormwater discharge within a drainage basin. The table below shows that the stormwater discharge rates have actually been reduced by construction of the alternate stormwater facility. 2-Year 5-Year 10-Year 25-Year 100-Year Site Pre-Developed Flow(cfs) 0.91 1.4 1.7 2.03 2.44 Site Post-Developed Flow(cfs) 0.47 0.72 0.94 1.29 1.97 Percent Change -48% -49% -45% -36% -19% Because of the reduction in stormwater discharge rates,this project has no remaining proportional share within Strategy Area C. This approval standard is met. c. Agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees or SDCs as described in the River Terrace Funding Strategy; and Finding: The applicant has agreed to disclose to each purchaser of property that it may be subject to future utility fees.As conditioned,this requirement is met. d. Executes an agreement prepared by the city agreeing that, if the new transportation SDCs described in paragraph 8.1 of this section are not in effect at the time of building permit issuance,the applicant shall pay an amount equal to the SDC amount assumed in the River Terrace Funding Strategy. Finding: This requirement is not applicable since the new transportation SDCs have been adopted and are in effect. 3. An exception shall be granted only if the city finds that: a. There are adequate funding components in place for the infrastructure that is needed to serve the proposed development; and Finding: The city adopted all of the SDCs that are required by its Adequate Public Facilities ordinance in April 2015. SDCs are paid by the applicant at the time of development.The city prioritized the adoption of these fees over utility fees,which are paid by residents,because development in River Terrace would naturally precede the influx of residents. The city plans to adopt all of the utility fees required by its Adequate Public Facilities ordinance prior to any significant influx of residents. Therefore,the Director finds that there are adequate funding components in place at this time for the infrastructure that is needed to serve the proposed development. b. The exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum,River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum,and River Terrace Funding Strategy; and Finding(Request 1): The applicant has demonstrated that the requested exception does not materially impact implementation of the various River Terrace master plans and funding strategy. The future utility fees to be adopted by the city are to be charged to future River Terrace residents, not developers.The applicant,as the developer's representative,will contribute its proportionate share of the public facilities needed to serve River Terrace through payment of adopted SDCs and construction of on-and off-site public facilities as required by the underlying subdivision approval. This approval standard is met. Finding(Request 2): The applicant has demonstrated that the requested exception to allow an alternate stormwater facility does not materially impact implementation of the River Terrace Stormwater Master Plan. The subdivision site lies at the upstream end of Drainage Area T9 in Strategy Area C. The site is bisected by and is the tributary to the existing natural drainage channel labeled as T9. The River Terrace Stormwater Master Plan anticipates alternate proposals as evidenced by Section 3—Stormwater Concept Plan and Estimated Cost,which includes the following challenge and strategy for implementation within Strategy Area C (Page 22). Detention and/or discharge—It may be possible on certain properties within the high-flow conveyance area to detain water in an existing wetland and/or discharge runoff directly into one of the existing drainage channels upstream of the high-flow conveyance system. Such proposals will be considered by the city provided that: o Their design and location are approved by all applicable authorities; o They meet the City Stormwater Design Standards; and, o They do not prevent or otherwise make it more difficult for other development to implement the recommended regional stormwater solution. The applicant's alternate stormwater facility will detain water adjacent to an existing wetland and discharge runoff directly into the on-site existing drainage channel(T9) upstream of the high-flow conveyance system. The design and the location of the alternate stormwater facility have been approved by all applicable authorities,including the City and Clean Water Services. The alternate stormwater facility meets the City Stormwater Design Standards,as evidenced by the City's approval of the facility for construction. The alternate stormwater facility will not materially impact implementation of the River Terrace Stormwater Master Plan as it should reduce the remaining system cost due to the reduction in length and size of the system required to develop the remainder of the area. This approval standard is met. c. The proposed alternative(s)ensures that the applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. Finding: This requirement is only applicable to the applicant's proposed and constructed alternative stormwater facility for this site. As set forth in the above finding for subsection 18.660.030.D.2.a,the Director finds that the alternative stormwater facility satisfies the applicant's responsibility for providing its proportional share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. E.Additional Standards 5. If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on-or off-site regional facility that has not yet been provided, the applicant may propose alternative and/or interim systems and facilities as described in the River Terrace Stonnwater Master Plan. a. Development approval for an interim facility shall include a condition to decommission the interim facility, connect it to the permanent facility when it becomes available to serve the development, and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. Finding: Compliance is dependent upon an off-site conveyance system for Strategy Area C that has not yet been provided. The applicant has proposed and constructed a permanent alternative on-site detention facility with the preliminary subdivision application, as described in the River Terrace Stormwater Master Plan. Since the facility is permanent, conditions to decommission an interim facility and provide a plan and financial resources to assure the decommissioning are not applicable. b. Development approval for an alternative or on- or off-site regional system or facility may include a condition to form a reimbursement district. Finding: The applicant has not requested formation of a reimbursement district. The applicant has funded the construction of the alternate facility as their proportionate share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. Thus, a reimbursement district would not be necessary. c. No stormwater management system or facility shall be approved if it would prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. Finding: The proposed and constructed on-site stormwater detention facility was approved with the preliminary subdivision approval (SUB2015-00002). The applicant's alternate stormwater facility will detain water adjacent to an existing wetland and discharge runoff directly into the on-site existing drainage channel (T9) upstream of the high-flow conveyance system. The design and the location of the alternate stormwater facility have been approved by all applicable authorities, including the City and Clean Water Services. The alternate stormwater facility meets the City Stormwater Design Standards, as evidenced by the City's approval of the facility for construction. As documented in the approved drainage report for the project, the alternate stormwater facility has reduced flow rates from the project below pre-development 2 rates, thereby mitigating downstream impacts from the project. The alternate stormwater facility will not materially impact implementation of the River Terrace Stormwater Master Plan as it should reduce the remaining system cost due to the reduction in length and size of the system required to develop the remainder of the area. The Director finds that the alternate stormwater facility will not prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. This approval standard is met. ADDITIONAL DOCUMENTS After Recording Return To: 907 U Q /' 'J1& 915 Radler White Parks&Alexander LLP /, ' 'c'f 7 Attn: Susan Zimmerman C/Oriet0071 O,�/�111 SW Columbia Street, Suite 1100 If V�wPortland,OR 97201 G�,9 1 Ilr-ded IV) �f6 �/5'J�� DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND EASEMENTS FOR POLYGON AT BULL MOUNTAIN {00415507;3} TABLE OF CONTENTS Section Page 1. Definitions 1 2. Declaration 3 3. The Association 4 4. Allocation of Common Profits and Expenses 6 5. Assessments 6 6. Reserve Account, Reserve Study and Maintenance Plan 8 7. Property Rights and Easements 9 8. General Provisions For and Restrictions On Use of Lots 11 9. General Restrictions on Use of Property 13 10. Maintenance Obligations 13 11. Architectural Review Committee 14 12. Design Guidelines 17 13. Casualty and Condemnation 18 14. Special Declarant Rights 18 15. Annexation of Additional Property 19 16. Enforcement 20 17. Dispute Resolution 23 18. Miscellaneous 24 {00415507;3} DECLARATION OF COVENANTS,CONDITIONS, RESTRICTIONS AND EASEMENTS FOR POLYGON AT BULL MOUNTAIN THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR POLYGON AT BULL MOUNTAIN is made and executed on , 2016 by Polygon WLH LLC, a Delaware limited liability company. Polygon WLH LLC is the owner of the real property located in the City of Tigard, Washington County, Oregon and legally described on the attached Exhibit A. Polygon WLH LLC desires to establish a planned community on the property to be known as"Polygon at Bull Mountain." NOW THEREFORE, Polygon WLH LLC hereby declares that the real property described on the attached Exhibit A shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements declared below, which shall run with the real property and shall benefit and be binding upon all parties having or acquiring any right,title or interest in the real property or any part thereof. 1. Definitions The terms specified below shall have the following meanings when used in this Declaration: 1.1 "ARC" or "Architectural Review Committee" means the Architectural Review Committee of the Association formed pursuant to Section 11. 1.2 "Articles" means the Articles of Incorporation of the Association filed with the Corporation Division of the Oregon Secretary of State, as amended from time to time. 1.3 "Assessment" means any assessment, fee or other charge levied against one or more Owners by the Association in accordance with this Declaration or the Bylaws and shall include, without limitation, Regular Assessments, Special Assessments, Limited Assessments, Reserve Assessments and Working Fund Assessments as those terms are defined herein. 1.4 "Association" means Polygon at Bull Mountain Homeowners Association, an Oregon nonprofit mutual benefit corporation, formed for the purposes set forth in this Declaration, the Bylaws and the Articles. 1.5 "Association Landscaping" means all landscaping, and all irrigation systems and utilities exclusively serving the landscaping, located in: (a) the Common Areas and (b) the front, side and rear yard areas of the Lots that are not enclosed by a fence. As used in this Section 1.5, "landscaping" includes all grass, sod, ground cover, flower and plant beds, planter strips, trees, shrubs, bushes and other plantings, but excludes all sidewalks, driveways, retaining walls, fencing and other non- landscaping Improvements. 1.6 "Board" means the duly elected Board of Directors of the Association. 1.7 "Bylaws" means the Bylaws of the Association, as amended from time to time. The Bylaws shall be adopted pursuant to ORS 94.625 and recorded in the official records of Washington County, Oregon. {00415507;3} 1 1.8 "Common Areas" means the real property owned by the Association for the common benefit of the Owners, which shall initially include those portions of the Property legally described on the attached Exhibit B. 1.9 "Common Maintenance Areas" means the Common Areas and any other property that the Association is required to maintain pursuant to this Declaration or a Declaration of Annexation or that the Board deems necessary or appropriate for the Association to maintain for the common benefit of the Owners, including without limitation, those areas described in Section 10.1. 1.10 "Declarant" means Polygon WLH LLC, a Delaware limited liability company, and its successors and assigns who acquire any of the rights reserved for Declarant in this Declaration or the Bylaws or assume any of the duties or obligations of Declarant under this Declaration or the Bylaws. If less than all of Declarant's rights and obligations under this Declaration or the Bylaws are transferred to a successor or assign, then the successor or assign shall only be deemed a Declarant with respect to those rights or obligations that are specifically assigned or assumed by the successor or assign. One or more persons or entities may be a Declarant. 1.11 "Declaration" means this Declaration of Covenants, Conditions, Restrictions and Easements for Polygon at Bull Mountain, as amended from time to time in accordance with its terms. 1.12 "Declaration of Annexation" shall have the meaning given to such term in Section 15.1.3 below. 1.13 "Design Guidelines" means the design guidelines described in Section 12. 1.14 "Home" means a residential dwelling unit located on a Lot and any associated Improvements. 1.15 "Improvement" means every structure or improvement of any kind, including without limitation, buildings, sidewalks, driveways, fences, walls, swimming pools, sheds, works of art, trees, hedges, plantings and other landscaping, changes in exterior color or shape, site work (such as, without limitation, excavation, grading and utility improvements), and all other product of construction efforts (such as, without limitation, alterations, renovations and reconstruction) on or with respect to the Property or any portion thereof. 1.16 "Limited Assessment" means an assessment levied by the Association against an Owner for costs and expenses incurred by the Association for corrective action performed pursuant to this Declaration that is required as a result of the willful or negligent actions or omissions of the Owner or the Owner's tenants, family members, guests, contractors, or invitees. "Limited Assessment" also includes assessments for a common expense or any part of a common expense that benefits fewer than all of the Lots, as determined in the sole discretion of the Board. 1.17 "Lot" means each of Lots 1 through 82, inclusive, as depicted on the Plat, and any other platted or partitioned lot designated as a "Lot" in a Declaration of Annexation, and includes all Improvements located thereon. 1.18 "Member" means each member of the Association and shall include every Owner of a Lot. There shall be two (2) classes of membership in the Association, Class A and Class B, as described in Section 3.3 below. {00415507;3} 2 1.19 "Nonprofit Corporation Act" means the Oregon Nonprofit Corporation Act (ORS 65.001 to 65.990),as amended from time to time, or any successor statute. 1.20 "Owner" means any person or entity, including Declarant, at any time owning a Lot, including any vendee under a recorded land sale contract to whom possession has passed, but does not include a tenant or holder of a leasehold interest, a person holding only a security interest in a Lot, or a vendor under a recorded land sale contract who has surrendered possession. 1.21 "Planned Community Act" means the Oregon Planned Community Act (ORS 94.550 to 94.783), as amended from time to time, or any successor statute. 1.22 "Plat" means the Plat of Polygon at Bull Mountain recorded in the official records of Washington County, Oregon on , 2016 as Document No. 2016- and any amendments thereto. 1.23 "Polygon at Bull Mountain" means the planned community comprised of the Property and all Improvements located thereon. 1.24 "Property" means the real property located in the City of Tigard, Washington County, Oregon and legally described on the attached Exhibit A and such additions thereto as may be brought within the jurisdiction of the Association and made subject to this Declaration pursuant to Section 15 below. 1.25 "Regular Assessment" means an assessment levied by the Association against the Owners to provide for the payment of all estimated normal expenses of the Association for the performance of the Association's duties as provided in this Declaration or the Bylaws. 1.26 "Reserve Assessment" means an assessment levied by the Association against the Owners to establish and maintain the reserve funds pursuant to Section 6. 1.27 "Special Assessment" means an assessment levied by the Association against the Owners in the event that the Regular Assessment for any particular year is or will become inadequate to meet the expenses of the Association. 1.28 "Special Declarant Rights" means those rights reserved for Declarant in Section 14. 1.29 "Turnover Meeting" means the meeting of the Owners called pursuant to the Bylaws for the purpose of turning over control of the Association to the Class A Members. 1.30 "Working Fund Assessment" means an assessment due and payable to the Association upon the initial sale of each Lot to an Owner other than Declarant in accordance with Section 5.6 below. 2. Declaration 2.1 Property Covered. The property that is covered by and is hereby made subject to this Declaration is the Property. 2.2 Purpose. The purpose of this Declaration is to provide for the maintenance, restoration, repair, improvement and upkeep of the Common Maintenance Areas and to set forth other terms and conditions governing the use and enjoyment of the Property. {00415507;3} 3 2.3 Declaration. The Property shall be subject to all of the conditions, covenants, restrictions, easements and provisions contained in this Declaration, which shall benefit and burden each Lot and all other portions of the Property. Such conditions, covenants, restrictions,easements and provisions shall be binding on all parties having any right, title or interest in or to the Property, or any part thereof, and each of their respective heirs, personal representatives, successors and assigns. The Property shall be a Class I planned community as defined in the Planned Community Act and shall be subject to all of the terms and provisions of the Planned Community Act. The Property shall be known as "Polygon at Bull Mountain." 2.4 Improvements. Declarant does not agree to build any particular Improvements on the Property, but may elect, at Declarant's option,to build any such Improvements. Declarant elects not to limit Declarant's rights to add Improvements not described in this Declaration. 3. The Association 3.1 Organization. Declarant shall, concurrently with the execution and recording of this Declaration, organize the Association as a mutual benefit corporation pursuant to the Nonprofit Corporation Act under the name "Polygon at Bull Mountain Homeowners Association." The Articles shall provide for the Association's perpetual existence, but in the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association of the same name. All of the assets, property, powers, and obligations of the Association existing prior to dissolution shall thereupon automatically vest in the successor unincorporated association. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles and the Bylaws as if they had been made to constitute the governing documents of the unincorporated association, and shall be served by the members of the Board and the officers of the Association who served immediately prior to dissolution of the Association. 3.2 Membership. Every Owner of a Lot shall, immediately upon creation of the Association and thereafter during the entire period of such Owner's ownership of a Lot, be a Member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership, shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership. 3.3 Voting Rights. The Association shall have the following two (2) classes of voting membership: 3.3.1 Class A Members. Class A Members shall be all Owners other than Declarant (except that beginning on the date on which the Class B membership is converted to Class A membership, and thereafter, Class A Members shall be all Owners, including Declarant). Class A Members shall be entitled to one (1) vote for each Lot owned. Whenever any Lot is owned by two (2) or more persons jointly, according to the records of the Association, the vote of such Lot may be exercised by any one (1) of the Owners then present, in the absence of protest by a co-Owner. In the event of disagreement among the co-Owners, the vote of such Lot shall be disregarded completely in determining the proportion of votes given with respect to such matter, unless a valid court order establishes the authority of a co-Owner to vote. 3.3.2 Class B Member. The Class B Member shall be Declarant. The Class B Member shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the earlier to occur of: (i) the date on which all of the Lots {00415507;3} 4 anticipated to be included within the Property have been conveyed to Owners other than Declarant; (ii)ten (10) years after conveyance of the first Lot to an Owner other than Declarant; or (iii) upon election in writing by Declarant. 3.4 Powers and Obligations. The Association shall have, exercise and perform all of the following powers, duties and obligations: 3.4.1 Governing Documents. The powers, duties and obligations granted to the Association by this Declaration, the Bylaws or the Articles, including, without limitation, the authority to levy Assessments against the Owners for the costs of operating and managing the Association and performing the Association's responsibilities under this Declaration, the Bylaws or the Articles, as well as the operating costs and expenses of the ARC. 3.4.2 Statutory Powers. The powers and obligations of a nonprofit corporation pursuant to the Nonprofit Corporation Act, and of a homeowners association pursuant to the Planned Community Act, as either may be amended from time to time, except as provided otherwise by this Declaration or the Bylaws. 3.4.3 General. Any additional or different powers, duties and obligations necessary or desirable for the purpose of carrying out the functions of the Association pursuant to this Declaration, the Articles and the Bylaws or otherwise promoting the general benefit of the Members. The powers and obligations of the Association may from time to time be amended, repealed, enlarged or restricted by changes to this Declaration made in accordance with the provisions herein, accompanied by changes to the Articles or Bylaws made in accordance with such instruments, as applicable,and in accordance with the Planned Community Act and Nonprofit Corporation Act. 3.5 Limitation on Liability. Neither the Association, members of the Board, officers of the Association nor members of committees established under or pursuant to the Bylaws shall be liable to any Owner for any damage, loss, injury or prejudice suffered or claimed on account of any action or failure to act by the Association or any Board member, officer or committee member, provided that the Association, Board member, officer or committee member acted or failed to act, in good faith, within the scope of his or her authority, and in a manner reasonably believed to be in the best interest of the Association and its Members,with regard to the act or omission at issue. 3.6 Board. Declarant shall have the right to appoint an interim Board consisting of one (1) to three (3) directors, who shall serve as the Board until replaced by Declarant or until their successors have been elected by the Owners at the Turnover Meeting as provided in the Bylaws. Following the Turnover Meeting, the Board shall consist of three (3) directors elected by the Owners in accordance with the Bylaws. 3.7 Transitional Advisory Committee. Declarant shall form a transitional advisory committee as provided in the Bylaws to provide for the transition of administrative responsibility for the Association from Declarant to the Class A Members. 3.8 Association Rules and Regulations. The Board from time to time may adopt, modify, or revoke such rules and regulations governing the conduct of persons and the operation and use of the Property as it may deem necessary or appropriate in order to assure the safe, peaceful and orderly use and enjoyment of the Property, without unduly infringing on the privacy or enjoyment of any Owner or occupant of any part of the Property. A copy of the rules and regulations, upon adoption, and a copy of {00415507;3} 5 each amendment, modification or revocation thereof, shall be delivered by the Board promptly to each Owner and shall be binding upon all Owners and occupants of all Lots upon the date of delivery. The method of adoption of such rules and regulations shall be as provided in the Bylaws. 4. Allocation of Common Profits and Expenses 4.1 Method of Allocation. The common profits of the Association shall be distributed among, and the common expenses of the Association shall be charged to, the Owners of the Lots on an equal basis, except as provided in Section 5.4 below. The common expenses of the Association may be assessed on a monthly, quarterly or annual basis as determined by the Board. 4.2 No Exception. No Owner may claim exemption from liability for contribution towards the common expenses of the Association by waiving his or her use or enjoyment of the Common Areas or by abandoning his or her Lot. No Owner may claim an offset against such liability for failure of the Association or the Board to perform its obligations. 5. Assessments 5.1 Creation of Lien and Personal Obligation for Payment of Assessments. Each Owner of a Lot by acceptance of a conveyance thereof, whether or not so expressed in the conveyance, shall be deemed to covenant to pay to the Association all Assessments and other charges as may be fixed, established and collected from time to time in the manner provided in this Declaration or the Bylaws. Such Assessments and other charges, together with any interest, expenses or attorneys' fees imposed pursuant to Section 16.5, shall be a charge on the land and shall be a continuing lien upon the Lot against which the Assessment or charge is made. Assessments and other charges shall also be the personal obligation of the Owner of the Lot at the time when the Assessment or charge becomes due. Such liens and personal obligations shall be enforced in the manner set forth in Section 16 below. 5.2 Regular Assessments. 5.2.1 Commencement. Regular Assessments for each Lot shall commence upon the sale of the Lot to an Owner other than Declarant. Regular Assessments shall not be levied against Lots owned by Declarant. 5.2.2 Amount of Regular Assessments. The Regular Assessments shall be based upon an annual budget prepared by the Board with respect to projected expenses of the Association, including, without limitation,the following: (a) costs related to the maintenance, repair, replacement, and upkeep of the Common Maintenance Areas; (b) premiums for all insurance policies that the Association is required or permitted to maintain pursuant to the Bylaws; (c) any deficits remaining from the previous fiscal year of the Association; (d) costs related to the preparation, review and update of the reserve study and maintenance plan described in Section 6; and {00415507;3} 6 (e) such other and further costs, expenses, obligations, and liabilities as the Board, in its discretion, may incur on behalf of the Association for the management, operation, and maintenance of the Property and the Association in accordance with this Declaration and the Bylaws. 5.2.3 Allocation of Regular Assessments. The Regular Assessments shall be allocated equally among all Lots that are subject to assessment pursuant to Section 5.2.1. 5.3 Special Assessments. In addition to the Regular Assessments, the Association shall have the authority to levy Special Assessments to satisfy any actual or projected deficiency between the expenses of the Association and the amounts realized through Regular Assessments; provided, however, that prior to the Turnover Meeting, any special assessment for capital improvements or additions shall be approved by the Owners holding at least fifty percent (50%) of the total voting power of the Association, determined on the basis of one (1) vote per Lot notwithstanding the special voting rights of Declarant under Section 3.3.2 hereof. Special Assessments shall be allocated equally among all Lots that are subject to assessment. Special Assessments are payable as the Board may from time to time determine, but no sooner than thirty (30) days after mailing notice thereof to the Owners. Special Assessments shall not be levied against Lots owned by Declarant unless otherwise approved in writing by Declarant. 5.4 Limited Assessments. The Association shall have the authority to levy against any Owner a Limited Assessment equal to the costs and expenses incurred by the Association, including legal fees, for corrective action performed pursuant to this Declaration or the Bylaws that is required as a result of the willful or negligent actions or omissions of the Owner or the Owner's tenants, family members, guests, contractors, or invitees, or for a common expense or any part of a common expense that benefits a particular Lot or Lots rather than all the Lots, as determined in the sole discretion of the Board. Limited Assessments shall not be levied against Lots owned by Declarant. 5.5 Reserve Assessments. The Association shall have the authority to levy Reserve Assessments necessary to fund the reserve account created under Section 6. The Reserve Assessments for each Lot shall commence upon the sale of the Lot to an Owner other than Declarant. Reserve Assessments shall not be levied against Lots owned by Declarant. The Reserve Assessments shall be allocated equally among all Lots that are subject to assessment pursuant to this Section 5.5. The amount of the Reserve Assessments shall be based upon the reserve study described in Section 6.2 and other sources of reliable information. The Board may adjust the amount of the Reserve Assessments to reflect changes in current maintenance, repair or replacement costs over time as indicated by the reserve study or update and may provide for other reserve items that the Board, in its discretion, deems appropriate. If, after reviewing the reserve study or reserve study update,the Board determines that the reserve account will be adequately funded for the following year, then the Board may vote to reduce or eliminate Reserve Assessments for that particular year. Additionally, following the Turnover Meeting, on an annual basis, the Board, with the approval of all Owners, may elect not to fund the reserve account for the following year regardless of whether or not the reserve account is fully funded. 5.6 Working Fund Assessments. Upon the initial sale of each Lot to an Owner other than Declarant, the purchaser of the Lot shall pay to the Association a Working Fund Assessment equal to one-sixth of the annual Regular and Reserve Assessments then applicable to the Lot. The Board may deposit the Working Fund Assessments either in the operating account or reserve account of the Association, at the discretion of the Board. The Working Fund Assessments shall be used by the Association in a manner that provides a direct benefit to the Owners, including without limitation, funding the maintenance, repair, upkeep and replacement of the Common Maintenance Areas and/or {00415507;3} 7 capital improvements or upgrades to the Common Maintenance Areas. Working Fund Assessments shall not be levied against Lots owned by Declarant. 5.7 Reallocation Upon Annexation. If additional property is annexed into Polygon at Bull Mountain, the Association shall, within sixty (60) days after the annexation, recompute the budget based upon the additional Lots, Common Areas and Common Maintenance Areas and recompute all applicable Assessments for each Lot. Newly annexed Lots shall be subject to Assessments in the same manner as existing Lots. The Association shall send notice of any applicable Assessment to the Owners of newly annexed Lots not later than sixty(60) days after the annexation. Assessments shall be due and payable on or before a date set forth in the notice which shall be not less than thirty (30) days after the date the notice is mailed or at such other time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. If additional property is annexed into Polygon at Bull Mountain during the Association's fiscal year, the Association shall send notice of and shall collect adjustments to Assessments for Lots which were within Polygon at Bull Mountain prior to the annexation. Notice of the adjustment in the Assessments shall be sent to such Owners not later than sixty (60) days after the annexation. To the extent that any adjustment results in a credit with respect to Assessments payable by an Owner, such credit shall be applied toward the next occurring payment or payments of the applicable Assessment. Notwithstanding the foregoing, if Declarant annexes additional property into Polygon at Bull Mountain pursuant to Section 15.1,then the Assessments shall commence as to each such annexed Lot upon conveyance of the annexed Lot to an Owner other than Declarant. Assessments shall not be levied against annexed Lots owned by Declarant. 5.8 Statement of Account. Upon the request of an Owner or an Owner's agent, for the benefit of a prospective purchaser, the Board shall make and deliver a written statement of any unpaid Assessments levied against the Owner's Lot through the date specified in the statement and the purchaser in that case shall not be liable for any unpaid Assessments levied against the Lot that are not included in the statement provided by the Board. The Association is not required to provide a statement of outstanding Assessments if the Association has commenced litigation by filing a complaint against the Owner and the litigation is pending when the statement would otherwise be due. 6. Reserve Account, Reserve Study and Maintenance Plan 6.1 Reserve Account. The Association shall maintain a reserve account for the major maintenance, repair and replacement, in whole or in part, of the Common Maintenance Areas and any Improvements located in, on, or under the Common Maintenance Areas for which the Association has maintenance responsibility pursuant to this Declaration or a Declaration of Annexation, including exterior painting, if the Common Maintenance Areas include any exterior painted surfaces, that will normally require major maintenance, repair or replacement in more than one (1) year and fewer than thirty (30) years. The reserve account need not include those items that could reasonably be funded from the maintenance fund or for which one or more Owners are responsible for maintenance or replacement under this Declaration or the Bylaws. The reserve account shall be funded by the Reserve Assessments. The Reserve Assessments shall be kept separate from other funds of the Association and may be used only for maintenance, repair, and replacement of the Common Maintenance Areas for which reserves have been established as specified in this Section 6.1. However, after the Turnover Meeting, the Board may borrow funds from the reserve account to meet high seasonal demands on the regular operating funds or to meet other unexpected increases in expenses. Funds borrowed to meet unexpected increases in expenses under this Section shall be repaid from Regular or Special Assessments if the Board has adopted a resolution, which may be an annual continuing resolution, authorizing the borrowing of funds. Not later than the adoption of the budget for the following year, {00415507;3} 8 the Board shall adopt by resolution a written payment plan providing for repayment of the borrowed funds within a reasonable period. Any funds established for any of the purposes mentioned in this Section shall be deemed to be a reserve fund notwithstanding that it may not be so designated by the Board. The amount of the reserve fund shall constitute an asset of the Association and shall not be refunded or distributed to any Owner. An Owner may treat his or her outstanding share of the reserve fund as a separate item in a sales contract. 6.2 Reserve Study. The Board shall annually conduct a reserve study, or review and update an existing reserve study, of the Common Maintenance Areas and other reserve items set forth in Section 6.1 to determine the requirements of the reserve fund described in Section 6.1. The reserve study shall: (a) identify all items for which reserves are or will be established; (b) include the estimated remaining useful life of each item as of the date of the reserve study; and (c) include for each item, as applicable, an estimated cost of maintenance, repair and replacement at the end of the item's useful life. 6.3 Maintenance Plan. The Board shall prepare a maintenance plan for the maintenance, repair and replacement of all property for which the Association has maintenance, repair or replacement responsibility under this Declaration, the Bylaws or the Planned Community Act. The maintenance plan shall: (a) describe the maintenance, repair and replacement to be conducted; (b) include a schedule for the maintenance, repair and replacement; (c) be appropriate for the size and complexity of the maintenance, repair and replacement responsibility of the Association; and (d) address issues that include, but are not limited to, warranties and the useful life of the items for which the Association has maintenance, repair and replacement responsibility. The Board shall review and update the maintenance plan as necessary. 7. Property Rights and Easements 7.1 Owners' Use and Occupancy of the Lots. Except as otherwise expressly provided in this Declaration, a Declaration of Annexation, the Bylaws, the Plat or any easement, covenant or any other instrument of record, the Owner of a Lot shall be entitled to the exclusive use and benefit of his or her Lot. Declarant and any representative of the Association authorized by the Association may, at any reasonable time and upon reasonable notice to the Owner, enter upon any Lot for the purpose of determining whether or not the use of and/or the Improvements on the Lot are then in compliance with this Declaration, the Bylaws, the Design Guidelines or any rules and regulations of the Association. No such entry shall be deemed to constitute a trespass or otherwise create any right of action in the Owner of the Lot. Declarant or the Association may grant or assign easements over or with respect to the unimproved portion of any Lot to municipalities or other utilities providing utility services and to communications companies. 7.2 Owners' Easements of Enjoyment in and to Common Areas. Subject to any restrictions contained in this Declaration, a Declaration of Annexation, the Bylaws, the Plat or any easement, covenant or other instrument of record, every Owner and every Owner's family members, tenants, guests, and invitees shall have a right and easement of enjoyment in and to the Common Areas, which easement shall be appurtenant to and shall pass with the title to every Lot. Use of the Common Areas shall not result in unreasonable disturbance of the Owners and occupants of the other Lots and shall be subject to any rules and regulations that may be adopted by the Board from time to time pursuant to Section 3.8. {00415507;3} 9 7.3 Title to Common Areas. Declarant shall convey fee title to the Common Areas to the Association no later than the Turnover Meeting. 7.4 Extent of Owners' Rights. The rights and use of enjoyment in the Property shall be subject to the following easements and all other provisions of this Declaration: 7.4.1 Association's and Owners' Easements. Declarant reserves for itself and grants to the Association and the Board and their duly authorized agents and representatives for the benefit of the Association and all Owners of Lots within the Property, as applicable,the following easements: (a) An easement under and upon the Common Areas and the unimproved portions of the Lots, for the installation, use, maintenance and repair of power, gas, electric, sewer, water and other utility and communication lines and services installed by or at the direction of Declarant or with the approval of the Board; (b) An easement under and upon the Common Areas, for construction, maintenance, repair, and use of the Common Areas and any Improvements thereon; (c) The right to have access to the Common Areas and to all Lots as may be necessary for the installation, maintenance, repair, upkeep or replacement of the Common Maintenance Areas, for determining whether or not the use of, and/or the Improvements on, a Lot are then in compliance with this Declaration, the Bylaws, the Design Guidelines or any rules and regulations of the Association, or to make emergency repairs thereon necessary for the public safety or to prevent damage to the Common Maintenance Areas or to another Lot or Home. In case of an emergency originating in or threatening any Lot or Home or the Common Maintenance Areas, each Owner hereby grants the right of entry to any person authorized by the Board or the Association, whether or not the Owner is present at the time; (d) Such easements as are necessary to perform the duties and obligations of the Association set forth in this Declaration,the Bylaws and Articles, as the same may be amended or supplemented; (e) Each Lot shall have an easement over any adjoining Lot as may be required to perform maintenance, repair or reconstruction of the Home located on the benefited Lot. The Owner of the benefited Lot shall be responsible for restoring any damage to the burdened Lot resulting from such use and shall indemnify and hold harmless the Owner of the burdened Lot for, from and against any damage, claim, loss or liability resulting from such use; and (f) Pursuant to ORS 94.733(3), each Lot, Home and all Common Areas shall have an easement over all adjoining Lots, Homes and the Common Areas for the purpose of accommodating any present or future encroachment as a result of engineering errors, construction, reconstruction, repairs, settlement, shifting, or movement of any portion of the Property, or any other similar cause, and any encroachment due to building overhang or projection. There shall be valid easements for the maintenance of the encroaching Lots, Homes and the Common Areas so long as the encroachments shall exist, and except as otherwise provided, the rights and obligations of Owners shall not be altered in any way by the encroachment, nor shall the encroachment be construed to be encumbrances affecting the marketability of title to any Lot, Home or Common Areas. Nothing in this Section relieves an Owner of liability in case of the Owner's willful misconduct. {00415507;3} 10 7.4.2 Declarant's Easements. So long as Declarant owns any Lot, and in addition to any other easements to which Declarant may be entitled, Declarant shall have an easement over, under and across the Property in order to carry out development, construction, sales and rental activities necessary or convenient for the development of the Property or the sale or rental of Lots and for such other purposes as may be necessary or convenient for discharging its obligations or for exercising any of its rights under this Declaration, any warranty provided by Declarant to the Association or any Owner, or any other agreement to which Declarant is bound. 7.4.3 Utility and Other Municipal Easements. Declarant or the Association may(and, to the extent required by law, shall) grant easements to municipalities or other utilities performing utility services and to communications companies, and the Association may grant free access thereon to police, fire, and other public officials and to employees of utility companies and communications companies serving the Property. 7.4.4 Transfer of the Common Areas. The Association may not sell, transfer or grant a security interest in any portion of the Common Areas unless approved by the Owners holding at least eighty percent (80%) of the total voting power of the Association, including eighty percent (80%) of the votes not held by Declarant, and by the Class B Member(s), if any. A sale, transfer or grant of security interest in any portion of the Common Areas in accordance with this Section 7.4.4 may provide that the Common Areas so conveyed shall be released from any covenants, conditions, restrictions or easements imposed on such Common Areas by this Declaration or the Bylaws. No such sale, transfer, or grant of security interest may, however, deprive any Lot of such Lot's right of access or support without the written consent of the Owner of such Lot. 7.4.5 Authority to Grant Easements and Other Property Interests in Common Areas. The Association may execute, acknowledge and deliver leases, easements, rights of way, licenses, and other similar interests affecting the Common Areas and consent to vacation of roadways within and adjacent to the Common Areas. Except for those matters described in ORS 94.665(4)(b), which the Board may approve without Owner consent, the granting of any interest pursuant to this Section 7.4.5 must be approved by at least seventy-five percent (75%) of the Owners present at a meeting of the Association or with the consent of at least seventy-five percent (75%) of all Owners solicited by any means the Board determines is reasonable. If a meeting is held to conduct the vote,the meeting notice shall include a statement that the approval of the granting of an interest in the Common Areas will be an item of business on the agenda of the meeting. 7.5 Maintenance and Reconstruction Easements. An easement is hereby reserved in favor of the Association and its successors, assigns, contractors, agents, and employees over and across each Lot, for purposes of accomplishing the repair and restoration of the Common Maintenance Areas pursuant to Section 13. 8. General Provisions For and Restrictions On Use of Lots 8.1 Each Lot, including the Home and all other Improvements located thereon, shall be maintained in a clean and attractive condition, in good repair, and in such a manner as not to create a fire or other hazard. 8.2 No Lot shall be used except for residential purposes. Except as otherwise permitted in Section 8.4 below, no building shall be erected, altered, placed, or permitted to remain on any Lot other than one detached single-family dwelling and a private garage or carport. The Home and any other {00415507;3} 11 Improvements on a Lot shall comply with all applicable governmental height restrictions and other requirements. 8.3 With the exception of a lender in possession of a Lot following a default in a mortgage or trust deed, a foreclosure proceeding or any deed or other arrangement in lieu of a foreclosure, no Owner shall be permitted to lease the Owner's Lot or any part thereof(including without limitation, the Home or any accessory building located thereon) for any period less than six (6) months or for hotel or transient purposes (including, without limitation, rentals through services such as Airbnb, VRBO.com, HomeAway.com, Vacasa.com or the like). All leasing, rental or other occupancy agreements shall be in writing and be subject to this Declaration and the Bylaws (with a default by the tenant in complying with the Declaration and/or the Bylaws constituting a default under the lease or rental agreement). Each Owner electing to rent or grant occupancy of the Owner's Lot in accordance with this Section 8.3 shall, within thirty (30) days after the rental or prior to occupancy of such Lot, whichever is earlier, submit to the Board in writing the identity of and contact information for such tenant or occupant. 8.4 A greenhouse of noncommercial type, or a garden tool shed or other residential accessory buildings or other similar Improvements, may be erected on the Lots, provided that these types of Improvements are of an acceptable architectural design (as determined by the ARC in accordance with Section 11). Such accessory buildings or Improvements shall comply with all applicable governmental requirements. All Homes shall provide a garage or carport sufficient to accommodate a minimum of two (2)vehicles. 8.5 All garbage, trash, cuttings, refuse, garbage and refuse containers, oil tanks, clothes lines or other service facilities, stored trailers, and recreational vehicles ("RV's") shall be screened from the view of neighboring Homes and from the Common Areas in a manner approved by the ARC. No RV's shall be visibly parked on a Lot for more than five (5) continuous days in a calendar month. The intent of this provision is to minimize the negative visual impact caused by the visible parking or storage of RV's. 8.6 No noxious or offensive activity shall take place on any Lot, nor shall anything be done or placed on any Lot that interferes with or jeopardizes enjoyment of other Lots or any other portion of the Property. 8.7 If any tree, shrub, or other vegetation blocks or substantially obscures the view from any Home, the Owner of the Home may petition the ARC for the trimming, topping, or removal of such tree, shrub, or other vegetation. Upon receipt of such petition,the ARC shall investigate the matter and make a determination in writing whether such view is actually blocked or substantially obscured. If the ARC makes such a determination,the Owner of the offending tree, shrub, or other vegetation shall have ten (10) days from the date the ARC made such determination to elect whether the offending tree, shrub, or other vegetation should be trimmed, topped, or entirely removed. If the offending tree, shrub, or other vegetation is not part of the Association Landscaping, then the Owner of the Lot on which the offending tree, shrub, or other vegetation is located shall bear sole responsibility for the entire cost of such trimming, topping, or removal and shall be solely responsible for obtaining any applicable governmental approvals prior to proceeding with topping or removal. 8.8 All fences, walls, hedges, landscaping and other Improvements installed on any Lot shall comply with all applicable governmental vision clearance requirements and height restrictions. Owners who desire to install a fence on their Lots are encouraged to use the same or similar material in style as {00415507;3} 12 fencing installed on other Lots, if any. Prior to construction, design of all fences, hedges or walls must be approved in writing by the ARC. 8.9 No Owner, other than Declarant, may partition or subdivide any Lot without the prior written approval of the Board, which approval may be granted or denied in the sole discretion of the Board. In the event any Lot is subdivided into two (2) or more Lots in accordance with this Section 8.9, then the subdivided Lots shall be deemed separate Lots for the purposes of this Declaration, including voting rights and allocation of Assessments. A permitted subdivision shall be effected by the recording of a supplemental declaration stating that the affected Lot(s) are subdivided, which declaration shall be executed by the Owner(s) of the affected Lot(s) and by the president and secretary of the Association. 8.10 No Owner, other than Declarant, may consolidate any Lots without the prior written approval of the Board, which approval may be granted or denied in the sole discretion of the Board. A permitted Lot consolidation shall be effected by the recording of a supplemental declaration stating that the affected Lots are consolidated, which declaration shall be executed by the Owner(s) of the affected Lots and by the president and secretary of the Association. Once so consolidated, the consolidated Lot may not thereafter be partitioned or subdivided, nor may the consolidation be revoked except as provided in Section 8.9. Any Lots consolidated pursuant to this Section 8.10 shall be considered one Lot thereafter for the purposes of this Declaration, including voting rights and allocation of Assessments. 8.11 Each Owner of a Lot by acceptance of a conveyance thereof, whether or not so expressed in the conveyance, acknowledges and agrees that the Lot may be subject to future utility fees and system development charges, including, but not limited to, monthly transportation, water, stormwater, sewer and parks fees, as described in the River Terrace Funding Strategy adopted by the City of Tigard, and waives any right to remonstrate against the imposition of any such fees or charges. 9. General Restrictions on Use of Property 9.1 Common Areas. No Owner, other than Declarant, shall construct or reconstruct any Improvements, or alter or refinish any Improvements, make any excavation or fill, make any change in the natural or existing surface drainage, or install a utility line in the Common Areas without the prior written approval of the Board or a duly appointed committee to which the Board has delegated such responsibility. No dumping or disposal or any trash, garbage, refuse, junk, lawn clippings, soil or unsightly or unsanitary material shall be permitted or maintained within the Common Areas. 9.2 Association Landscaping. No Owner, other than Declarant, shall remove, alter, modify or replace any Association Landscaping without the prior written approval of the Board or a duly appointed committee to which the Board has delegated such responsibility. 10. Maintenance Obligations 10.1 Association Maintenance Obligations. The Association shall be responsible for the maintenance, repair, upkeep and replacement of the following Common Maintenance Areas: 10.1.1 Tracts A, B and H, as shown on the Plat, including all wetlands, landscaping, fencing and other Improvements located thereon, to be maintained as natural resource and wetland tracts and subject to all easements of record. {00415507;3} 13 10.1.2 Tracts E, F,J, N,0 and P, as shown on the Plat, including all landscaping, irrigation systems, sidewalks,trails,fencing, lighting and other Improvements located thereon, to be maintained as open space tracts and subject to all easements of record. 10.1.3 Tracts G, I and K, as shown on the Plat, including all paved street surfaces, street signs, lighting and other Improvements located thereon, to be maintained as alleyways and subject to all easements of record. 10.1.4 The Association Landscaping. 10.1.5 Any entry monument signage for the Property, including any landscaping, lighting and irrigation systems related thereto. 10.1.6 Any cluster mailboxes and/or community mailbox kiosks serving the Lots. 10.1.7 Any other area determined by the Board to be in the interest of the Association and its Members for the Association to maintain. The Association shall regularly inspect, maintain, repair and keep the Common Maintenance Areas in good condition and provide for all necessary services and cause all acts to be done which may be necessary or proper to assure the proper maintenance of the Common Maintenance Areas. The Association shall perform all maintenance obligations set forth in this Declaration or the Bylaws, any maintenance manual provided by Declarant and the maintenance plan described Section 6 above and shall employ all other commonly accepted maintenance practices intended to prolong the life of the materials and construction of Improvements within the Common Maintenance Areas. 10.2 Owner's Maintenance Obligations. Except for the Association Landscaping which shall be maintained by the Association, each Owner shall maintain his or her Lot and the Home and other Improvements located thereon in a clean and attractive condition, in good repair and in such a fashion as not to create a hazard of any kind. Such maintenance shall include, without limitation, painting or staining, repair, replacement and care of roofs, siding, gutters, downspouts, surface water drainage, walks, driveways, landscaping (other than Association Landscaping) and other exterior Improvements. In addition, each Owner shall keep his or her Lot free of trash and other unsightly materials. Each Owner shall be responsible for the maintenance, repair and replacement of any sidewalks located in the area between the property line of the Owner's Lot and the nearest curb of any adjoining public street or road. 10.3 Damage or Destruction By Owner. If damage to the Common Maintenance Areas, including any Improvements located thereon, beyond ordinary wear and tear is directly attributable to an Owner or the family members, tenants, invitees, licensee, or guests of an Owner, then that Owner shall be responsible for the cost of repairing the damage and the Association may levy a Limited Assessment against the Owner for the repair cost. 11. Architectural Review Committee 11.1 Creation of Committee. The Architectural Review Committee (the "ARC") with the powers and authority described in this Section 11 shall be created as a committee of the Association. The ARC shall have one (1) to three (3) members prior to the Turnover Meeting and three (3) members {00415507;3} 14 after the Turnover Meeting. Declarant shall appoint the members of the ARC until the Turnover Meeting, after which the ARC members shall be appointed by the Board and shall serve at the pleasure of the Board. Before the Turnover Meeting, members of the ARC need not be Owners. Following the Turnover Meeting, members of the ARC shall be Owners. Board members may also serve as ARC members. Appointed members of the ARC shall remain in office until new members are appointed by the Board or Declarant, as applicable, unless they sooner resign or are removed or disqualified. 11.2 Operations. The members of the ARC shall elect a chairperson, who shall conduct all meetings of the ARC and shall provide for reasonable notice to each member of the ARC prior to any meeting. The notice shall set forth the time and place of the meeting. Notice may be waived by any member. 11.3 Majority Action. The affirmative vote of a majority of the members of the ARC shall govern its actions and constitute the act of the ARC. A quorum of the ARC shall consist of a majority of the ARC members. The ARC may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 11.4 Review Procedures. If the ARC fails to provide written approval or disapproval of plans and specifications within thirty (30) days after such complete plans and specifications have been submitted, approval of the ARC shall not be required and the related covenants shall be deemed to have been satisfied, unless within twenty (20) days of receipt of the complete plans and specifications, the ARC notifies the Owner of the ARC's intention to extend the approval period by an additional fifteen (15) days to a total of forty-five (45) days after receipt of complete plans and specifications. The ARC shall, from time to time, adopt application forms and rules specifying those requirements necessary to constitute a complete application or a complete set of plans and specifications. 11.5 Approval of Plans by ARC. No Home, building,garage, structure, or other Improvement of any kind or nature, including, without limitation, landscaping, shall be commenced, erected, placed, or altered on any Lot until the construction plans and specifications, and a plan showing the nature, shape, height, materials, and colors, together with detailed plans showing the proposed location of the same on the particular building site and proposed landscaping has been submitted to and approved in writing by the ARC. All such Improvements and alterations shall be in conformance with the Design Guidelines and all other applicable governmental laws, ordinances, conditions of approval, rules and regulations. To the extent that any applicable governmental laws, ordinances, conditions of approval or rules and regulations may be in conflict with the Design Guidelines, the more restrictive standard shall apply. Complete plans and specifications for approval by the ARC must include all materials required by the rules of the ARC as provided in Section 11.4 above. In no case shall any plans and specifications be accepted for approval which are inconsistent with the requirements of Section 8.2. The ARC may approve or disapprove plans and specifications as submitted or may approve such plans and specifications with specific conditions to such approval. 11.6 Damages Inadequate. Damages are hereby declared to be inadequate compensation for any breach of the covenants, conditions, and restrictions contained in this Section 11. Declarant, the Association, the ARC, or any Owner may, by appropriate proceedings, enjoin, abate, and remedy any such breach and the continuance thereof. 11.7 Nuisance. The result of every act of omission or commission or the violation thereof, whether such covenants, conditions, and restrictions are violated in whole or in part, shall constitute a nuisance, and every remedy allowed by law or equity against such nuisance, either public or private, {00415507;3} 15 shall be applicable against every such result and may be exercised by Declarant, the Association, the ARC, or by any Owner, and may be prohibited or enjoined. 11.8 Non-Waiver. The provisions contained in this Section 11 shall inure to the benefit of and be enforceable by Declarant, the Association, the ARC, or any Owner, and each of their legal representatives, heirs, successors, and assigns. Failure by Declarant, the Association, the ARC or any Owner or their legal representatives, heirs, successors, and assigns to enforce any of the provisions contained herein shall in no event be deemed a waiver of the right to do so thereafter. 11.9 Estoppel Certificate. Within fifteen (15) business days after an Owner delivers a written request to the ARC, the ARC shall provide the Owner with an estoppel certificate approved by the ARC and executed by a member of the ARC. The estoppel certificate shall state whether or not the Improvements located on the Lot owned by the requesting Owner comply with the provisions of this Declaration. If the estoppel certificate indicates that the Improvements are not in compliance, then it shall identify the specific non-conforming Improvements and set forth with particularity the nature of the noncompliance. Any purchaser in due course from the Owner, and any mortgagee, beneficiary, or secured party having any interest in the Lot and any associated Improvements, may rely on the estoppel certificate with respect to the matters set forth therein, and the estoppel certificate shall be conclusive as between the ARC, all Owners, and such purchaser, mortgagee, beneficiary, or secured party. The issuance of an estoppel certificate in accordance with this Section 11.9 shall constitute an absolute defense to claims brought against an Owner pursuant to this Section 11 with respect to matters within the purview of the ARC, where the Improvement at issue was in existence at the time of the issuance of the estoppel certificate. 11.10 Liability. The ARC shall use reasonable judgment in approving or disapproving all plans and specifications submitted to it. Neither the ARC nor any individual ARC member shall be liable to any person for any official act of the ARC in connection with submitted plans and specifications, except to the extent the ARC or any individual ARC member acted with malice or wrongful intent. Approval by the ARC does not necessarily assure approval by any governmental authority. Notwithstanding that the ARC has approved plans and specifications, neither the ARC nor any of its members shall be responsible or liable to any Owner, occupant, builder, developer, or contractor with respect to any loss, liability, claim, or expense which may arise by reason of such approval. Review or analysis of structural, geophysical, engineering, or other similar considerations shall be outside the scope of the ARC's review. Neither the Board, the ARC, or any agent thereof, nor Declarant or any of its members, managers, employees, agents, or consultants, shall be responsible in any way for any defects in any plans or specifications submitted, revised, or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans and specifications. The Association shall indemnify, hold harmless, and defend the ARC and its members in any suit or proceeding which may arise by reason of any of the ARC's decisions, provided that the ARC members acted in good faith, within the scope of their authority, and in a manner reasonably believed to be in the best interest of the Association and its Members. The Association shall use reasonable efforts to procure errors and omissions insurance coverage with respect to the ARC members, in accordance with the provisions of the Bylaws. 11.11 Activities of Declarant. This Section 11 shall not apply to the activities of Declarant or any of its affiliates. {00415507;3} 16 12. Design Guidelines 12.1 Paint Requirement. The exterior of any Home erected on a Lot shall be fully completed and painted within one (1)year after construction of the Home has commenced. 12.2 Designs, Materials, and Construction Quality. The external designs and materials of all Homes shall harmonize with each other and shall be reasonably harmonious with those employed on the Homes on other Lots. All auxiliary buildings on a Lot shall be of the same general design and materials as the Home on the Lot. The primary exterior color tone of all buildings shall blend with the natural environment. Bright, unnatural exterior colors are prohibited,except for limited use as trim and accent panels. All Homes, auxiliary buildings, fences, retaining walls, and other Improvements shall be constructed in a good, quality manner in accordance with locally accepted professional building practices. 12.3 Home Size. The ground floor area of each Home, exclusive of one story open porches, garages, and carports, shall not be less than that required by any applicable building code. 12.4 Foundations. All structures erected shall have full, concrete masonry or concrete or wooden piers and piling foundations as approved by the applicable building authority and designed to accommodate the surrounding terrain. Foundations and exterior walls of all buildings shall be finished in a suitable and customary manner for each such type of building. 12.5 Height Restrictions. All Homes and other Improvements constructed on the Lots shall comply with the applicable governmental height restrictions. Any height adjustment granted by the applicable governmental authority shall be approved by the ARC, unless the ARC determines that the building will unreasonably restrict the view of neighboring Lots. 12.6 Environmental Conditions. Owners shall insure that design and construction of structures within the Property shall properly withstand environmental conditions, including the protection of the flora on the Property. 12.7 Factory Built Homes. All Homes shall be constructed on the Lots. Mobile homes, factory built homes, or manufactured homes shall not be permitted. Notwithstanding the foregoing, panels constructed off-site but assembled on the Lot shall be permitted. 12.8 Additional Design Guidelines. The ARC shall have the authority, but not the obligation, to promulgate and issue, and thereafter to amend from time to time, additional design guidelines supplementing and/or interpreting, but not contradicting,the design guidelines set forth in this Section 12 or elsewhere in this Declaration. Such guidelines shall be delivered in writing to all Owners and shall be fully binding upon all parties as if set forth in this Declaration and shall be applied by the ARC in reviewing and approving or denying proposed Improvements or modifications. The ARC shall take into account any proposed building site envelope in order to minimize any impact on neighboring Lots and shall have authority to establish and modify guidelines as necessary or convenient to further this purpose. 12.9 Activities of Declarant. This Section 12 shall not apply to the activities of Declarant or any of its affiliates. {00415507;3} 17 13. Casualty and Condemnation 13.1 Casualty. The Owner of each Home shall repair, reconstruct, and rebuild the damaged or destroyed portions of his or her Home to substantially the same condition that existed prior to the damage or destruction. In the event of damage to or destruction of the Common Areas or Association Landscaping,the Association shall repair and restore the damaged portion of the Common Areas, unless the holders of at least 75% of the Class A Member voting power of the Association and the Class B Member, if any, agree that the damaged or destroyed portions shall not be repaired or restored. All repair, reconstruction, rebuilding, or restoration shall begin within six (6) months following the damage or destruction and shall be diligently pursued to completion within twelve (12) months following the damage or destruction, unless work is delayed by causes beyond the reasonable control of the Owner or the Association, as the case may be. If the proceeds of the insurance policies held by the Association are insufficient to fund the full cost of repair and/or restoration of the Common Areas or Association Landscaping, the difference between the amount of such proceeds and such cost shall be charged to the Owners by means of a Special Assessment. 13.2 Condemnation. If any part of the Common Areas are taken by any authority having the power of condemnation or eminent domain (or shall be sold under threat of condemnation), each Owner shall be entitled to notice of such event. The Association shall represent the Owners in negotiations with the condemning authority. The condemnation award shall be applied first to restoration of the Common Areas not taken (unless holders of at least 75% of the Class A Member voting power of the Association and the Class B Member, if any, agree that the remaining Common Areas shall not be restored) and then to such other purposes as the Board may determine in its discretion (including payment to the Owners). 14. Special Declarant Rights 14.1 Special Declarant Rights. Declarant shall have the following additional rights (the "Special Declarant Rights"): 14.1.1 Responsibility and control of the ARC and the Association until the Turnover Meeting, including the right to appoint, remove and replace members of the Board and the ARC. 14.1.2 The right to maintain a sales and management office and model homes on the Property and conduct marketing and sales activities on the Property. 14.1.3 The right to reserve and grant easements and other access rights with respect to the Common Areas in connection with future development. 14.1.4 The right to construct Improvements in the Common Areas and other portion of the Property, whether or not such Improvements are described in this Declaration or a Declaration of Annexation, provided that Declarant has no obligation to construct any such Improvements. 14.1.5 The right to convert Lots owned by Declarant into Common Areas and to convert Common Areas owned by Declarant and not yet conveyed to the Association into Lots. Any such conversion shall be accomplished by a supplemental declaration to this Declaration executed by Declarant and recorded in the official records of Washington County, Oregon. {00415507;3} 18 14.1.6 The right to partition, subdivide or consolidate Lots in accordance with Sections 8.9 and 8.10 above. 14.1.7 The right to approve amendments to this Declaration and the Bylaws prior to the Turnover Meeting and for a period of ten (10) years thereafter regardless of whether Declarant still owns a Lot. No such amendment shall be effective unless so approved in writing by Declarant. 14.1.8 The right to approve Special Assessments for capital improvements or additions for so long as Declarant owns a Lot. No Special Assessment shall be levied against Declarant unless so approved in writing by Declarant. 14.1.9 The right to receive notice of and to attend all Owner meetings and Board meetings for a period of ten (10) years following the Turnover Meeting regardless of whether Declarant still owns a Lot. Meeting notices to Declarant shall be given in the same manner as notices to the Owners; provided, however, that any notice of a Board meeting that is posted at the Property pursuant to the Bylaws must also be given to Declarant by mail or any other delivery method described in Section 18.4 within the time period prescribed in the Bylaws. 14.1.10 The right to review and make copies of all inspection, maintenance and other records of the Association regardless of whether the Turnover Meeting has occurred or Declarant still owns a Lot. 14.1.11 The right to annex additional property into Polygon at Bull Mountain pursuant to Section 15.1 below. 14.1.12 The rights of Declarant under the Planned Community Act, including but not limited to those under ORS 94.550(21), and all other rights reserved for Declarant elsewhere in this Declaration or in the Bylaws. 15. Annexation of Additional Property 15.1 Annexation by Declarant. At any time during the initial term of this Declaration, Declarant may, at its sole option, annex additional property into Polygon at Bull Mountain, to be subject to the terms of this Declaration to the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon by Declarant. 15.1.1 Eligible Property. Any real property, whether or not owned by Declarant, located adjacent to ("adjacent" property shall include property on the other side of a street), contiguous with, or within five (5) air miles of the Property shall be eligible for annexation into Polygon at Bull Mountain by Declarant. There is no limitation on the number of Lots which Declarant may annex into Polygon at Bull Mountain, or the right of Declarant to annex additional Common Areas into Polygon at Bull Mountain, except as may be established by applicable ordinances, agreements, or land use approvals. 15.1.2 Consent or Joinder Not Required. No consent or joinder of any Class A Member or other party except the record owner of the land being annexed shall be necessary to effect any annexation made pursuant to this Section 15.1. {00415507;3} 19 15.1.3 Declaration of Annexation. Annexation shall be evidenced by a written declaration of annexation ("Declaration of Annexation") executed by Declarant and by the owners of the property being annexed, setting forth the legal description of the property being annexed and any additional covenants, conditions, restrictions and easements to be applied to the annexed property. Notwithstanding any provision herein to the contrary, a Declaration of Annexation may with respect to any annexed property: (a) establish such new land classifications and such limitations, uses, restrictions, covenants, conditions and easements with respect thereto as Declarant may deem to be appropriate for the development of the annexed property; (b) with respect to existing land classifications, establish additional or different limitations, uses, restrictions, covenants, conditions and easements with respect thereto as Declarant may deem to be appropriate for the development of such annexed property; and/or (c) contain provisions necessary or appropriate to comply with any condition, requirement, or imposition of any governmental or regulatory authority. 15.2 Annexation by Action of Members. At any time the Board may request approval of the membership for the annexation of additional property into Polygon at Bull Mountain to be subject to all of the terms of this Declaration to the same extent as if originally included herein. No such annexation shall be effective unless approved by at least seventy-five percent (75%) of the outstanding votes of the Association and by Declarant so long as Declarant owns a Lot or retains the right to annex additional property into Polygon at Bull Mountain pursuant to Section 15.1 above. Any real property located adjacent to ("adjacent" property shall include property on the other side of a street), contiguous with, or within five (5) air miles of the Property shall be eligible for annexation into Polygon at Bull Mountain by action of the Members in accordance with the foregoing requirements, provided however, that no such annexation shall be effective without the consent and joinder of the owners of the property to be annexed. Such annexation must be evidenced by a Declaration of Annexation executed by the president and secretary of the Association and by the owners of the property being annexed. 15.3 Voting Rights; Allocation of Assessments. Upon annexation, additional Lots so annexed shall be entitled to the voting rights as set forth in Section 3.3, and assessments shall be reallocated and reapportioned in the manner set forth in Section 5.7. 15.4 No Duty to Annex. Nothing contained in this Section 15 shall establish any duty or obligation on the part of Declarant, the Board or any Member to annex any property into Polygon at Bull Mountain and no owner of property excluded from Polygon at Bull Mountain shall have any right to have such property annexed thereto unless approved by Declarant or the Association in accordance with this Section 15. 16. Enforcement 16.1 Violation of Governing Documents. If an Owner violates any provision of this Declaration, the Bylaws or any rules and regulations of the Association (other than a default in the payment of Assessments, which is addressed in Section 16.2 below),then the Board, acting on behalf of the Association, may notify the Owner in writing of the specific violation. If the Owner is unable, is unwilling or refuses to comply with the Association's specific directives for remedy or abatement of the {00415507;3} 20 violation, then the Board, acting on behalf of the Association, shall have the right to do any or all of the following: 16.1.1 Fines. Subject to the requirements of ORS 94.630(1)(n), the Association shall have the right to impose reasonable fines upon an Owner who violates the Declaration, the Bylaws or any rules and regulations of the Association, in the manner and amount the Board deems appropriate in relation to the violation. 16.1.2 Removal or Cure of Violation. The Association shall have the right to enter the offending Lot and remove the cause of the violation, or alter, repair or change the item that is in violation of this Declaration, the Bylaws or any rules and regulations of the Association in such a manner as to make it conform thereto, in which case the Association may assess the offending Owner for the entire cost of the work done, which amount shall be levied against the offending Owner as a Limited Assessment, provided that in all cases the Owner is first given an opportunity to be heard with respect to the violation, and no items of construction shall be altered or demolished in the absence of arbitration or judicial proceedings. 16.1.3 Suspension of Voting and Use Rights. The Association shall have the right to suspend the offending Owner's voting rights and the right to use the Common Areas for the period that the violation remains unabated, provided that the Association shall not deprive an Owner of access to and from the Owner's Lot and further provided that the Board shall provide the offending Owner with written notice and an opportunity to be heard prior to suspending the Owner's right of access to or use of any Common Areas to the extent required by applicable law. 16.1.4 Other Remedies. The Association shall have the right to bring an action against the Owner to enforce this Declaration, the Bylaws or any rules and regulations of the Association and shall have all other remedies available to it by law or in equity. 16.2 Default in Payment of Assessments. If an Assessment or any other charge levied under this Declaration or the Bylaws is not paid within ten (10) days after its due date, such Assessment or charge shall become delinquent and shall bear interest from the due date until paid at the rate set forth in Section 16.5 below and, in addition,the Association may exercise any or all of the following remedies as allowed under the Planned Community Act: 16.2.1 Enforcement of Lien. The Association shall have a lien against each Lot for any Assessment levied against the Lot and any fines or other charges imposed under this Declaration or the Bylaws against the Owner of the Lot from the date on which the Assessment,fine or charge is due. The provisions regarding the attachment, notice, recordation and duration of liens established on real property under ORS 94.709 shall apply to the Association's lien. The lien shall be foreclosed in accordance with the provisions regarding the foreclosure of liens under ORS 94.709 through 94.719. The Association, through its duly authorized agents, may bid on the Lot at a foreclosure sale, and may acquire and hold, lease, mortgage and convey the Lot. 16.2.2 Suit or Action. The Association may bring an action to recover a money judgment for unpaid Assessments, fines and charges under this Declaration without foreclosing or waiving the lien described in Section 16.2.1. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof,for which recovery is made. {00415507;3} 21 16.2.3 Late Charges. Subject to the requirements of ORS 94.630(1)(n), the Association shall have the right to impose a late charge for each delinquent Assessment in an amount established from time to time by resolution of the Board. 16.2.4 Suspension of Voting and Use Rights. The Association shall have the right to suspend the delinquent Owner's voting rights and the right to use the Common Areas for the period that the unpaid Assessments remain outstanding, provided that the Association shall not deprive an Owner of access to and from the Owner's Lot and further provided that the Board shall provide the delinquent Owner with written notice and an opportunity to be heard prior to suspending the Owner's right of access to or use of any Common Areas to the extent required by applicable law. 16.2.5 Other Remedies. The Association shall have any other remedy available to it by law or in equity. 16.3 Notification of First Mortgagee. Upon the advance written request of the first mortgagee of any Lot, the Board shall notify the first mortgagee of any default in the performance of the terms of this Declaration by the Owner of the Lot that is not cured within sixty(60) days. 16.4 Subordination of Lien to First Mortgages. The Association's lien for the Assessments and other charges provided for in this Declaration shall be subordinate to the lien of any first mortgage or deed of trust of record. The sale or transfer of any Lot shall not affect the Association's lien. However, the sale or transfer of a Lot pursuant to the foreclosure of a first mortgage lien or the execution of a deed in lieu of foreclosure of a first mortgage lien shall extinguish the Association's lien with respect to Assessments and other charges that became due prior to such sale or transfer. No sale, foreclosure or transfer of a Lot shall extinguish the personal obligation of the Owner who owned the Lot at the time the Assessment or other charge became due. 16.5 Interest, Expenses and Attorneys' Fees. Any amount not paid to the Association when due in accordance with this Declaration shall bear interest from the due date until paid at a rate of twelve percent (12%) per annum, or at such other rate as may be established by the Board, but not to exceed the lawful rate of interest under the laws of the State of Oregon. A late charge may be charged for each delinquent Assessment in an amount established from time to time by resolution of the Board. If the Association files a notice of lien, the lien amount shall also include the recording fees associated with filing the notice, and a fee for preparing the notice of lien established from time to time by resolution of the Board. If the Association brings any suit or action to enforce this Declaration, or to collect any money due hereunder or to foreclose a lien, the defaulting Owner shall pay to the Association all costs and expenses incurred by the Association in connection with such suit or action, including a foreclosure title report, and the prevailing party in such suit or action shall recover such amount as the court may determine to be reasonable as attorneys'fees at trial and upon any appeal or petition for review thereof. 16.6 Nonexclusiveness and Accumulation of Remedies. An election by the Association to pursue any remedy provided in this Section 16 for a violation of this Declaration shall not prevent the concurrent or subsequent exercise of any other remedy permitted hereunder. The remedies provided in this Declaration are not exclusive, but shall be in addition to all other remedies, including actions for damages and suits for injunctions and specific performance, that are available under applicable law to the Association. {00415507;3} 22 16.7 Additional Enforcement Rights. Except as otherwise provided in this Declaration, Declarant and each Owner of a Lot shall also have the right to enforce any or all of the provisions of this Declaration. 17. Dispute Resolution 17.1 Required Procedure. To the fullest extent allowed by law, all claims, controversies, or disputes, whether they are statutory, contractual, tort claims, and/or counterclaims between or among Declarant, Declarant's successors and assigns, the Association, and/or Owner(s) (collectively, the "Parties" and individually, a "Party") which arise out of or are related to the Property, the Lots, the Homes, the Planned Community Act, this Declaration, the Bylaws, the Articles, the Design Guidelines or the rules and regulations of the Association, or which relate to the interpretation or breach of the Planned Community Act, this Declaration or the Bylaws, the Articles, the Design Guidelines or the rules and regulations of the Association (collectively referred to as "Claims") shall be resolved in accordance with the procedures specified herein. Except as otherwise required by the Planned Community Act, the following matters are excluded from this dispute resolution clause and do not constitute Claims: (i)judicial or non-judicial foreclosure or any other action or proceeding to enforce Assessments, fines, interest or a trust deed, mortgage, Association lien, or land sale contract; (ii)a forcible entry and detainer action; (iii) actions by the Association or any Owner related to removal of a structure or other condition that violates this Declaration, the Bylaws, the Design Guidelines or any rules and regulations of the Association; (iv) actions for the appointment of a receiver; (v) provisional remedies such as injunctions or the filing of a lis pendens; or (vi)the filing or enforcement of a mechanic's lien. The filing of a notice of pending action (lis pendens) or the application to any court having jurisdiction thereof for the issuance of any provisional process remedy described in Rules 79 through 85 of the Oregon Rules of Civil Procedure (or corresponding federal statutory remedies), including a restraining order, attachment, or appointment of receiver, shall not constitute a waiver of the right to mediate or arbitrate under this Section, nor shall it constitute a breach of the duty to mediate or arbitrate. The proceeds resulting from the exercise of any such remedy shall be held by the Party obtaining such proceeds for disposition as may be determined by an agreement of the Parties pursuant to a mediation or by the arbitration award. 17.2 Negotiated Resolution. The Parties will seek a fair and prompt negotiated resolution of Claims and shall meet at least once to discuss and seek to resolve such Claims, but if this is not successful, all Claims shall be resolved by mediation, in small claims court, or by binding arbitration as set forth in Sections 17.3, 17.4 or 17.5, as applicable. 17.3 Mediation. Prior to mediation of any Claim, the Parties shall endeavor to resolve disputes through the process set forth in Section 17.2 above. All Claims that are not resolved by such process shall be subject to mediation as a condition precedent to arbitration or the filing of a small claims complaint. The request for mediation may be made concurrently with the filing of a demand for arbitration as set forth in Section 17.5 below, but, in such event, mediation shall proceed in advance of arbitration, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties. All mediation shall be in Washington County, Oregon with any dispute resolution program available that is in substantial compliance with the standards and guidelines adopted under ORS 36.175, as it may be amended. The foregoing requirement does not apply to circumstances in which irreparable harm to a Party will occur due to delay or litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. {00415507;3} 23 17.4 Small Claims. All Claims that have not been resolved by mediation and which are within the jurisdiction of the Small Claims Department of the Circuit Court of the State of Oregon shall be brought and determined there, and all Parties shall be deemed to have waived their right to a jury trial with respect to such Claims. 17.5 Arbitration. Prior to arbitration of any Claim, the Parties shall endeavor to resolve disputes through the processes set forth in Section 17.2, 17.3 and 17.4 above, as applicable. All Claims that have not been resolved by such processes shall be resolved by binding arbitration. Such arbitration shall be conducted by and pursuant to the then effective arbitration rules of Arbitration Service of Portland, Inc., or another reputable arbitration service selected by Declarant. If Declarant is not a Party to such dispute, the arbitration service shall be selected by the Board. Any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. 17.6 No Attorneys' Fees. Unless otherwise specifically provided for in this Declaration, the Bylaws or the Planned Community Act, no party in the arbitration, mediation or other proceeding shall be entitled to recover costs or attorneys' fees in connection therewith. To the fullest extent allowed by law and except for Claims in an amount less than or equal to $7,500, no Claim shall be initiated by the Association without approval from the Owners holding seventy-five percent (75%) of the total voting power of the Association. The foregoing vote requirement shall not be required to institute or respond to the following: (i) actions to collect delinquent Assessments, fines or other charges under this Declaration, the Bylaws or any rules and regulations adopted by the Association; (ii) actions initiated by the Association prior to the Turnover Meeting; (iii) actions challenging ad valorem taxation or condemnation proceedings; (iv) actions initiated against any contractor or vendor hired by the Association or supplier of goods and services to the Association; (v) the defense of claims filed against the Association or the assertion of counterclaims in proceedings instituted against it (except for non- mandatory counterclaims); (vi) actions by the Association to appoint a receiver; or (vi) actions to summarily abate, enjoin and remove a structure or condition that violates this Declaration, the Bylaws, the Design Guidelines or any rules and regulations of the Association. 17.7 Confidentiality. The Parties shall keep all discussions of disputes, all settlements and arbitration awards and decisions confidential and shall not disclose any such information, whether directly or indirectly, to any third parties unless compelled to do so by an order of a court of competent jurisdiction. The Parties agree that if a Party breaches its confidentiality obligation then the other Party or Parties to the dispute shall be entitled to seek and obtain any and all equitable remedies, including injunctive relief and specific performance and each Party hereby waives any claim or defense that the other Party has an adequate remedy at law for any such breach and the Parties agree that the aggrieved Party shall not be required to post any bond or other security in connection with any such equitable relief. 18. Miscellaneous 18.1 Term. The covenants, conditions, restrictions and easements contained in this Declaration shall run for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years each, unless sooner terminated by a vote of the Owners holding at least seventy-five percent (75%) of the total voting power of the Association. {00415507;3} 24 18.2 Amendment and Repeal. 18.2.1 This Declaration, or any provision thereof, as from time to time in effect with respect to all or any part of the Property, may be amended or repealed by the vote or written consent of Owners holding at least seventy-five percent (75%) of the total voting power of the Association and the written consent of Declarant prior to the Turnover Meeting and for a period of ten (10) years thereafter. Any purported amendment without the required approval of Declarant shall be deemed void and of no force and effect unless subsequently approved by a written consent signed by Declarant. 18.2.2 Upon approval of an amendment as provided herein, the president and secretary of the Association shall execute an instrument amending this Declaration and certifying that the amendment was adopted in accordance with this Declaration and ORS 94.590, which certification shall be properly acknowledged in the manner of acknowledgment of deeds, and the Board, or other duly appointed and authorized persons, shall record the instrument amending this Declaration. 18.2.3 In no event shall an amendment to this Declaration create, limit or diminish any Special Declarant Rights without Declarant's written consent. Additionally, no amendment to this Declaration shall change the boundaries of a Lot, any uses to which a Lot is restricted, the method for determining liability for common expenses, the method for determining the right to common profits or the method of determining voting rights unless the Owners of the affected Lots unanimously consent to the amendment. 18.3 Regulatory Amendments. Notwithstanding the provisions of Section 18.2, until the Turnover Meeting, Declarant shall have the right to amend this Declaration without any other Owner approval in order to comply with the requirements of any applicable statute, ordinance, regulation or guideline of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a planned community or lots in a planned community. 18.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered by: (i) messenger service (or hand delivery); (ii) overnight courier service; (iii) regular U.S. Mail; or (iv) electronic mail, facsimile transmission or any other form of electronic communication acceptable to the Board and permissible under the Planned Community Act. Notices delivered by messenger service (or hand delivery), overnight courier service or regular U.S. Mail shall be sent to each Member's mailing address last appearing on the books of the Association. Notices delivered by facsimile or email shall be sent to the Member's email address or facsimile number last appearing on the books of the Association. Notwithstanding the foregoing, electronic mail, facsimile or other form of electronic communication may not be used to give notice of: (i) failure to pay an assessment; (ii) foreclosure of an Association lien under ORS 94.709; or (iii) an action the Association may take against a Member. Additionally, a Member may decline to receive notice by electronic mail, facsimile or other form of electronic communication by giving written notice thereof to the Board. Notices shall be deemed given on the date the notices are sent in accordance with the procedures outlined herein. 18.5 Joint Owners. If two (2) or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility of such persons to comply with this Declaration shall be a joint {00415507;3} 25 and several responsibility and the act or consent of any one or more of the co-Owners shall constitute the act or consent of the entire ownership interest; provided, however, that if the co-Owners disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to a pending matter, any co-Owner may deliver written notice of such disagreement to the Association, and the vote or right of consent involved shall then be disregarded completely in determining the proportion of votes or consents given with respect to such matter unless a valid court order establishes the authority of a particular co-Owner to vote. 18.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvement or enjoyment of such Owner's Lot and other areas within the Property. The Owner shall be responsible for ensuring such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner. 18.7 Waiver. No waiver of any provisions in this Declaration shall be effective unless it is in writing and signed by the person or entity against whom it is asserted, and any such written waiver shall only be applicable in the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. The failure to enforce any of the provisions of this Declaration at any time shall not constitute a waiver of the right to subsequently enforce such provision. 18.8 Restrictions Construed Together. All of the provisions of this Declaration shall be liberally construed together to promote and effectuate the general plan and scheme of the Property. 18.9 Restrictions Severable. Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or remaining portion thereof. 18.10 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine,feminine and neuter. 18.11 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. (Remainder of Page Intentionally Left Blank; Signature Page Follows) {00415507;3} 26 IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the date first written above. DECLARANT: POLYGON WLH LLC, a Delaware limited liability company By: Fred Gast,Senior Vice President— Division President STATE OF ) ss. County of ) The foregoing instrument was acknowledged before me on , 2016, by Fred Gast, Senior Vice President — Division President of Polygon WLH LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public for My Commission Expires: {00415507;3} 27 EXHIBIT A Legal Description of Property Lots 1 through 82, inclusive, and Tracts A, B, E, F, G, H, I, J, K, N, 0 and P of POLYGON AT BULL MOUNTAIN, City of Tigard, Washington County, Oregon, the plat of which was recorded in the official records of Washington County, Oregon on , 2016 as Document No. 2016- {00415507;3} 28 EXHIBIT B Legal Description of Common Areas Tracts A, B, E, F, G, H, I, J, K, N, 0 and P of POLYGON AT BULL MOUNTAIN, Washington County, Oregon, the plat of which was recorded in the official records of Washington County, Oregon on , 2016 as Document No. 2016- {00415507;3} 29