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MMD2013-00004
MMD2O13 - 00004 EAST BUTTE HERITAGE NEIGHBORHOOD PARK NOTICE OF TYPE I DECISION MINOR MODIFICATION(MMD) 2013 -00004 EAST BUTTE HERITAGE NEIGHBORHOOD PARK T I G A R D 120 DAY = SECTION I. APPLICATION SUMMARY FILE NAME: EAST BUTTE HERITAGE NEIGHBORHOOD PARK CASE NOS: Minor Modification Permit (MMD) MMD2013 -00004 APPLICANT/ Steve Martin APPLICANT'S Steven Duh OWNER: Parks & Facilities Manager REP: Conservation Technix City of Tigard Parks Division PO Box 12736 13125 SW Hall Blvd. Portland, OR 97212 Tigard, OR 97223 PROPOSAL: The City Parks Division is requesting a minor modification to an approved conditional use permit (CUP2012- 00001) to modify the location of the proposed bathrooms approximately 35 feet to the west, and to remove 14 additional trees to accommodate the relocation. In addition, the applicant is requesting a fee in -lieu exemption from the utility underground standards due to the extraordinary costs associated with undergrounding the high voltage wires. LOCATION: The property is located at 10310 SW Canterbury Lane. The site is bounded by SW Canterbury on the north, SW 103rd Street on the east, and SW Murdock Street ROW on the south; Washington County Tax Assessor's Map 2S11IBC, Tax Lot 02603. ZONING: R -3.5: Low - Density Residential District. The R -3.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.745, 18.790, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request, subject to conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. EAST BU TIE HERITAGE PARK PAGE 1 OF 6 MMD2013 -00004 MINOR MODIFICATION • CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION. To be reviewed and approved by Development Engineering (Greg Berry, 503 - 718 - 2468): 1. The applicant shall either place the existing overhead utility lines along SW 103 underground as a part of project, or pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $16,065. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION FOR CUP 2012 -00001 SECTION III. BACKGROUND INFORMATION Proposal_ The City Parks Division is requesting a modification to an approved conditional use permit (CUP2012- 00001) to develop a new neighborhood park on a 3.06 acre parcel zoned residential. The CUP's proposed improvements include a playground, picnic area, picnic shelter, bathrooms, walking paths, lawn area, landscaping, a• soft surface trail connecting 103rd 104th and 106th Avenues along the Murdock Street right =of- -way ;. and quarter street improvements along 103rd Avenue. The applicant now proposes to move the location : of the proposed bathrooms approximately 35 feet to the west to accommodate a more efficiently designed sewer connection to the sewer line within Canterbury Lane, and to remove 14 additional trees to accommodate the change. In addition, the applicant is requesting a fee in -lieu exemption from the • utility underground standards due to the extraordinary costs associated with the high voltage wires. Site History:.' .> The subject sitehad previously been jointly owned by the cities of Tigard, Durham and King City and the Tigard Water District. The portion of the property not used for water facilities was declared surplus in 2008, and the site was acquired by the City of Tigard in 2009 for development of a neighborhood park. A search of city records for previous land use reviews on the subject property found land use case file CU -79, an approval to place the John Tigard House on the subject site; MIS 2008 - 00008, an approval for a lot line adjustment resulting in the present 3.06 acre property; MIS2011- 00002, an approval to construct a storage shed in the vicinity of the John Tigard House; and CUP2012 -00001 approving the park improvements outlined above. Vicinity Information: The subject site is 3.06 acres and is bordered by SW 103`', SW Murdock, and SW Canterbury. The property is located adjacent and to the east of the Tigard Water District two -tank storage facility. The property has an eastern aspect and slopes from 402 foot elevation on the west to 377 foot elevation on the east. The property includes a conservation easement on the northeast corner for the John F. Tigard House, which is listed on the National Historic Register and is protected by an historic district overlay zone. The property is otherwise zoned R -3.5, low density residential and is surrounded on three sides by the same zone. To the west the property abuts the R -12, medium density residential zone. One single family residence abuts the park on the north. EAST BU 1 HERITAGE PARK PAGE 2 OF 6 MMD2013 -00004 MINOR MODIFICATION t., SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Conditional Use — Chapter 18.330.020 Minor Modification of Approved or Existing Conditional Use: Any modification which is not within the description of a major modification as provided in Subsection B shall be considered a minor modification. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3. Section 18.330.020.C.3 states that a minor modification shall be approved, approved with conditions or denied following the Director's review on findings that: The proposed development is in compliance with all applicable requirements of this title; and FINDING: As described in the applicant's narrative and plan set, and as provided in the findings for the applicable standards below, staff finds that all applicable requirements of this title are satisfied subject to conditions of approval with this decision. Therefore, the proposed modification may be approved. The modification is not a major modification. FINDING: Staff finds that based on the applicant's narrative and plan set, the threshold changes to determine a major modification, listed in TDC 18.330.020.B.2 (a -h), have not been exceeded or do not apply. Therefore, the proposed modification is not a major modification. Section 18.330.050.5 includes the following standards for Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; FINDING: As shown in the applicant's Landscape Construction Plan (Sheet L2.1), under the amended plan the proposed restroom building would be located 32 feet from property lines. This criterion is met. Landscaping and Screening (18.745) Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant states that the proposed Eastern Redbud trees along 103rd Avenue as shown on Sheet 1,3.0 of the CUP2012 -00001 submittal would be unaffected by the proposed overhead utility lines resulting from the fee in -lieu of undergrounding. Therefore, the street tree requirements continue to be met. 18.745.050.A Buffering and Screening General rovisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. FINDING: The proposed park improvements would enhance the pedestrian experience with improved trails through the park and perimeter landscaping to provide enhanced separation from surrounding uses including the water district facility to the west and a residence to the north. The design and use of the proposed picnic shelter and bathrooms are of a scale that could not be considered to contribute to visual or noise pollution that would adversely affect the adjacent dwelling. The proposed location of the bathrooms would be 14 feet closer to the neighboring property line (46 feet to 32 feet), but approximately the same distance from the EAST BU 1"1x: HERITAGE PARK PAGE 3 OF 6 MMD2013 -00004 MINOR MODIFICATION residence itself. No fences or hedges are proposed that would interfere with views from neighboring properties. This requirement continues to be met. Tree Removal (18.790) 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. An arborist report and tree preservation plan was provided by the applicant for CUP2012- 00001, which contained all of the required elements. A revised Tree Preservation /Removal Plan (Sheet L1.0) has been submitted showing the changes for the proposed tree removal. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; The Tree Preservation /Removal Plan (Sheet L1.0) contains the required information. This requirement is met. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. As shown in the Tree Preservation and Removal Plan (Sheets L1.0), 90% of the existing trees over 12" diameter will be retained. Therefore, no mitigation is required. 3. Identification of all trees which are proposed to be removed; The Tree Preservation and Removal Plan (Sheet L1.0) contains the required information. Fourteen additional trees, for a total of 33 trees are proposed for removal, 25 of which are over 12 inches in diameter. Five of the total are hazardous trees. Twenty eight of the total are Douglas firs located in areas scheduled for sidewalk improvements along 103` (10), to make way for the overhead power lines as a consequence of a payment of a fee in -lieu of undergrounding (5), and for restroom construction in the revised location (13). This requirement is met. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Details of tree protection are included in the February 16, 2012 arborist report and displayed on sheet L1.0 of the submittal. This requirement is met. EAST BU 1"1'E HERITAGE PARK PAGE 4 OF 6 MMD2013 -00004 MINOR MODIFICATION FINDING: Based on the analysis above, the applicable Tree Removal requirements have been met. To ensure continued compliance with these requirements, the following conditions of approval are imposed. Street And Utility Improvements Standards (Chapter 18.810) Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under - Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in -lieu of under - grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case -by -case basis. The most common, but not the only, such situation is a short frontage development for which under- grounding would result in the placement of additional poles, rather than the removal of above - ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding. FINDING: Undergrounding of utilities along the 103r Avenue frontage is required. The project originally proposed to underground the existing overhead utilities with the half - street improvements on the 103r Avenue frontage. An 8 -foot public utility easement (PUE) was established adjacent to the right -of -way to accommodate the undergrounding of utilities. However, subsequent analysis by the applicant in conjunction with PGE determined the high voltage lines would be exceptionally expensive to underground. According to Greg Berry, Tigard Development Review Engineer, the applicant has submitted a showing that the required undergrounding of utilities along SW 103rd Avenue is impractical and will not accomplish the objectives of the requirement. Consequently, the applicant should be permitted to pay a fee in -lieu of undergrounding. CONDITION: The applicant shall either place the existing overhead utility lines along SW 103' underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $16,065. EAST BU n E HERITAGE PARK PAGE 5 OF 6 MMD2013 -00004 MINOR MODIFICATION SECTION VII. OTHER STAFF COMMENTS The City of Tigard Development Engineering Division has reviewed the proposal and provided findings which are included in the Street and Utility Improvements section of this report. A recommended condition is included as a condition of approval. Attachments: Vicinity Map Landscape Construction Plan (Sheet L2.1) Tree Preservation and Removal Plan (Sheet L1.0) SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON FEBRUARY 12, 2013 AND BECOMES EFFECTIVE ON FEBRUARY 13, 2013. Questions: If you have any questions, please contact Gary Pagenstecher at (503)718 -2434, garyp(aitigard- or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. February 12.2013 APPROVED BY: Page f stecher, Associate Planner DATE EAST BU I E HERITAGE PARK PAGE 6 OF 6 MMD2013 -00004 MINOR MODIFICATION -- - - - - -- .— -- - - . - -- - - - - - - - - # i i ; E . 4� • mI7 � • wjj - /#] is ifi`weestnrauTE ;i4uet►l ml_ �awiiu.7 _a_r:.=.p r ,...7 „ 1 I I r . ' . " V - q t lire sr men - =- 'i ce — � r 44°. ►.. � , �. In ri < `4 �� ' �t 4. I t i ce. , Wa ,n,....,� a �... ; ,�: ,K . :�' ►'r U t 1 1 ►01� i s Ili _ �< Won , �-1 �, f. n¢ �ortcm v.w6 � - ► 1•A .���'. •1.4 i MOO 0110100. ,`.....;.- L. I L201.0 r , I .MIn MOOT MO TOM I ,s S , � �. 7 , fs f o-1 ®TREE PROTECTION FENCE / • 4 . 0 ; ' o : a igir � ;. ��,'•' '' 1 !i . KEY A CAS NOTES O' ,i ran OM u.neem a TOO ooelrl lfv1101E1 ; ( • O / � /yi 0, � � � � r, &4/..1'411i9.16...... ii �• M , . a Eiji 1 I �' "°E a >a, 1 a. n w„a... , .u. an at me ...... n,.s. v � 16 1 G? "�� Y • '; • • • ` • • t I • — a • w e• mono. i I ;• `� t 7t6' • -. r -• '� • :n ,r 0 04 pr =.4%.7.=1.1111"",....." 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III #r �W BBCAPE e 710, rim. ter OM I PLAN • •71, �€ _ _ � e.Irs.N '71; :; rs �.••43211 .••43211 � .. _ 411 .1 . _/�� ��r N..'S03 W 525.1 :: • 1noc:4.71a.rrt 4 > " - -- 1,y', P`W� 7171 - -- - -- . - '-i:_ -,Y—• 71_71 — 'l" n,1.cm - - :_ � w 0 7 - - . / - -- 9 7171. _ _ _ 1 , u � °" ` ' i ' I L2.1 BEE ROW R?N9 FOR ' I 44 4 1 to LOT 500 IIALF't7llgT _7171 .._ 71. _ 71 71._ 7171. p MYCOI - 0 IMEN79. - OVCG /2 p. 0 .� 1 Y.�Y A 2 ) /PE S8/08/201 - r. _ r 10719 10727 10711 10719 10711 t VIC MAP 10445 MMD2013 -00004 INITY °` T �� I N E Z S T �� East Butte Heritage Park 10621 10615 I ' : i - -__ 10505 1 , 10621 101�Q t 14530 CANTERBURY LN 10198 14605 ;1r `V _ a ,... 1055010540 �` +� # Subject Site 14635 14620 10380 + + � ,1 ::.. � . ■ 14630 ► # !� � 4 � I - - - 14641 r #!� # + #�� #�► # 14600 . tpl i , 14647 14650 r 0�1�1 *!�!�!�#l� #!� #� ►: 14650 14 661 146 72146 66 ►� ' #� #� #���� #�+ 4 . 0/1 a ,. 14677 14678 # # # # # # # # # # # # # # # # # i+ # # # # !! y 14684# #� # #► # #! # # # #13 L. 14700 10125 1,1 14685 1469014690 M! # �► # # # # # # # # 1 MIW. t i���4 10627 W 10573 #�►# # # ! #! #�O l� 1 R" , ^r ' S 10621 >10585 10567 , -- t # ### # #!### # ###► # # I 14730 .".•'' ' ## ## # #! # ### # #!� ##! Q 10573 1056 ;r # # #' + K #1! # # #4# # � # #� # 10205 10155 10621= 10579 # # 1�! #�! # # # # ## ## # # : 10233 CD ° MURDOCKST 14803 .- : - • 1057010560 1 14807 14800 14785 14790 14805 i Information on this map is for general location 14820 10200 10152 only and should be verified with the 14809 14 810 W 10250 Development Services Division. 14825 14830 Q 14835 Approx. Scale 1:2,000 -1 in = 167 ft 148 14840 p 14825 = 14830 Map printed at 10:13 AM on 12- Feb -13 14855 14856 1 t '' iL •" WU a DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD ■T m MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE THE DATA PROVIDED TIMELINESS C HEREIN. THE CITY OF TIGARD SHALL SSUME NO 148p 61 148p 62 Q O LIABILITY FOR ANY ERRORS OMISSIONS OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 14868 14865 I �n�e Q City of Tigard F eet 13125 SW Hall Blvd so Ti GAR O qpS Tigard, OR 97223 0 2E0 503 639 -4171 . 14900 www.tigard- or.gov I I, Iii February 7, 2013 To: Gary Pagenstecher From: Greg Berry Subject: MM CUP 2012 -00001 Findings: The applicant has submitted a showing that the required undergrounding of utilities along SW 103` Avenue is impractical and will not accomplish the objectives of the requirement. Consequently, the applicant should be permitted to pay a fee in =lieu of undergrounding. Recommendation: Remove the current requirement to underground existing overhead utilities and replace with the following. EXISTING OVERHEAD UTILITIES: The applicant shall either place the existing overhead utility lines along SW 103 underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 16,065 and it shall be paid prior to issuance of the City's Public Facility Improvement permit. RE (ICI JAN 14 2013 City of Tigard CITY OF TIGARD s PLANING /ENGINEERING M Mod — Type I Application TIGARD �� GENERAL INFORMATION Property Address /Location(s): Heritage Park 10310 SW Canterbury Lane In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Tax Map & Tax Lot #(s): 2S1 11 BC, Lot 02603 Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a Site Size: 3.06 ac discussion indicating how the site expansion /change will Applicant *: City of Tigard Parks Division continue to comply with the maximum setback, building height, parking, and landscaping standards. Other Address: 13125 SW Hall Blvd. requirements of this title such as clear vision, solid waste City/State: Tigard, OR Zip: 97223 storage, non - conforming situations, signs, and tree Primary Contact: Steve Martin, Parks & Facilities Manager removal may also be applicable depending on the type and Phone: 503- 718 -2583 Fax: 503- 684 -8840 location of the proposed modifications. E -Mail: Steve @tigard - or.gov Property Owner /Deed Holder(s) *: (Attach list if more than one) City of Tigard REQUIRED SUBMITTAL ELEMENTS Address: 13125 SW Hall Blvd. Phone: 639 -4171 (Applications will not be accepted without the City/State: Tigard, OR Zip: 97223 following required submittal elements) * When the owner and the applicant are different people, the [r Application Form applicant must be the purchaser of record or a lessee in 0 Owner's Signature /Written Authorization possession with written authorization from the owner or an Title Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a 0 Site Plan (4 Large Plans & One — Reduced to 81/2" x 11 ") written authorization with this application. Applicant's Statement /Narrative (4 copies) 12 Filing Fee $627.00 Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximum allowed under any one or Case No.(s): 0‘ u 2G 1? aG It more of the criteria, a Major Modification review is required. Other Case No.(s): C U l° ZG t Z ` CXiZ'G1 Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. �/ QQy Receipt No.: / 6! ( / Applicant's Statement: Date: / — q The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: _Ca 1?" 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: to each criterion. Failure to provide the information needed Revised: 7/1/12 \curpin \nesters \land use applications modification app.docx to process the application would be reason to consider an application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DA 1'ED this day of , 20 Owner's Signature 7 5, A 6 7" „v"a6 , £„e___ Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard - or.gov I Page 2 of 2 I IIII CITY OF TIGARD RECEIPT � . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 189804 - 01/14/2013 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2013 -00004 Minor Modification to an Approved Plan 100 - 0000 -43116 $546.00 MMD2013 -00004 Minor Modification to an Approved Plan - 100 - 0000 -43117 $81.00 LRP Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 291 HWATKINS 01/14/2013 $627.00 Payor: Conservation Technix Inc Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 - W ashington County, Oregon 2009 -042480 05/13/2009 02 56 40 PM D-DBS Cnt =1 Stn =8 C PFEIFER 385 00 55 00 311 00 - Total = 381 00 1 01362953200900424800130136 I Richard Hobemicht, Director of Assessment and h Taxation and Ex- Oftltio County Clerk for Washington � '� �'` County, Oregon do hereby sentry that the thin instrument of wnting was received and recorded in the book of records of said cour¢ _ fK () - _ y M ��( i Richard Hobem,cht Director of Assessment and i rrYn i Taxation Ex- Officio County Clerk • • • - Washington County, Oregon 2009- 033192 , 04/17/2009 02 57 26 PM D-DBS Cnt =1 Stn =7 K GRUNEWALD S55 00 55 00 $11 00 - Total = 571 00 AFTER RECORDING RETURN TO h j City of Tigard 0135303220':•' 331920110118 Records Division I Richard Hobernacht Direct• •r Assessment and i 13125 S W Hall Blvd Taxation and Es- Officio . • Clerk for Washington County Oregon do by certify that the within instrument of vm - • was received and recorded in the i•s 0 Tigard OR 97223 book of recor • • f said courlW, _ 04 k3r Ri • Hobemicht Director of Assessment and �•.;�,-�_ •' Taxation, Es- Officio County Clerk 12_ UNTIL A CHANGE IS REQUESTED This document is being rerecorded to SEND TAX STATEMENTS TO correct the legal description. City of Tigard Previously recorded as Fee No. g 41° 13125 SW Hall Blvd 2009- 033192. Tigard, OR 97223 7 This space is reserved for recorder's use BARGAIN AND SALE DEED Effective as of March 19 , 2009 (the "Effective Date "), KING CITY, an Oregon municipal corporation, CITY OF DURHAM, an Oregon municipal corporation, and TIGARD WATER DISTRICT, an Oregon municipal service district (collectively "Grantors ". and each ,ll�► individually a "Grantor "), convey to the CITY OF TIGARD, an Oregon municipal corporation ( "Grantee "), all of each such Grantor's undivided tenant -in- common interest in the following descnbed real property (the "Property ") See Exhibit A attached hereto and incorporated herein Grantors and Grantee hereby agree that, as of the date of recording of this Bargain and Sale Deed, the Property shall be released from that certain Tenancy in Common Agreement between Grantors and Grantee dated June 25, 2007 This conveyance is made subject to the matters set forth in Exhibit B attached hereto O The true consideration for this conveyance is Six Hundred and Five Thousand Dollars ($605,000 00) 0 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON (� TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195 300, 195 301 AND 195 305 TO 195 336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007 THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO Page 1 — BARGAIN AND SALE DEED — Canterbury Surplus Property . VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92 010 OR 215 010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30 930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195 300, 195 301 AND 195 305 TO 195 336 AND SECTIONS 5 TO 11 CHAPTER 424, OREGON LAWS 2007 [Signature and acknowledgment pages follow ] Page 2 — BARGAIN AND SALE DEED — Canterbury Surplus Property GRANTOR KING CITY, an Oregon municipal corporation By idtpw 'G, %air Name /2o 4.1 E . g/4-p../ Title M J4 yor STATE OF OREGON ) ) ss County of Min s ban (' (1 ) This instrument was acknowledged before me on Mardi 13 , 2009, by Ron E 5hcu as k I NIL l �� ClUtrof King City, an Oregon municipal corporation (/ Q 7.1,0 NOT Y PUBLIC FOR OREGON A,;) OFFICIAL SEAL My Commission Expires. 11) - I D- I I a`= ti:. pip warm c% NOTARY PUBLIC - OREGON " COMMISSION NO 421286 MY COMMISSION EXPIRES OCT 10, 2011 [Bargain and Sale Deed Signature and Acknowledgement Page] Page 3 — BARGAIN AND SALE DEED — Canterbury Surplus Property • GRANTOR: CITY OF DURHAM, an Oregon municipal corporation By: Name: < ' Title: 1 �/f STATE OF OREGON ) ss. County of y i ne+ ) This instrument was acknowledged before me on /11 ciA.CI'1 /q , 2009, by Meurer \ Gct 5c/) radd as e r /)ic,- - Aa. c.. of the City of Durham, an Oregon municipal corporation. ' 4 " OFFICIAL SEAS NOTARY PUBLIC FOR OREGON GREERA GASTON My Commission Expires: /c) - /e �2D � ^ / NOTARY PUSUC -OREGON MY COMMISSIONEXPIRRE 421285 10, 2011 [Bargain and Sale Deed Signature and Acknowledgement Page] Page 4 — BARGAIN AND SALE DEED — Canterbury Surplus Property Ask GRANTOR: TIGARD WATER DISTRICT, an Oregon municipal service district By: - 7 77---- -2- C ��/�IC Name: k A.i / ✓Sc h r / Title: (.:,r:t ,.- - , &2c'- d' 0 F Co'.',l ss.Cl ,- s STATE OF OREGON ) ss. County of 11 i YIa ilTht _ ) This instrument was acknowledged before me on /0 a(C.tL /1 , 2009, by Char c; 7; n rd 1 , I Wei 1SCi 1 e./ as 4Yatr, �/ slit, e_ 1 of the Tigard Water District, an Oregon municipal service district. /1 C '7P > „ � 4 (? .1 rbIZ NOTARY PUBLIC FOR OREGON �``�' My Commission Expires: /D U I / • .,, .. OFFICIAL sEA� GREERA GASION ®NOTARY PUBUC - OREGON "� COMMISSION NO. 421285 MY COMMISSION EXPIRES OCT. 20 [Bargain and Sale Deed Signature and Acknowledgement Page] i Page 5 - BARGAIN AND SALE DEED - Canterbury Surplus Property ACCEPTED AS OF THE EFFECTIVE DATE CITY OF TIG • .'.; jmumciai corporation B Name , ' ' Title 1 .6 STATE OF OREGON ) ) ss County of WAS A i A 4/77L.-- ) This instrument I 9 , 2009, by was 9 n as � owhe before me on N ati� h 461 'Pre3Sf/as ti Man ail er of the City of Tigard, an Oregon municipal corporation (:. `71 ..( _ .:1.7 - e l/ NOTARY PUBLIC FOR OREGON _r :- GREERAGASiON My Commission Expires /d - /D - .2D // `y// NOTARY PUBUC-OREGON COMMISSION NO 421286 MY COMMISSION EXPIRES OCT 10, 2011 Page 6 — BARGAIN AND SALE DEED — Canterbury Surplus Property WilPacifi Exhibit A A 7, 2008 C • ' RBURY SURPLUS PROPERTY LEG ► ' ESCRIPTION A TRACT a F LAND BEING LOCATED IN THE SOUTHWEST ONE • d ARTER OF THE NOR \I ST ONE QUARTER OF SECTION 11, TOWNSHIP • OUTH, RANGE 1 WE OF THE WILLAMETTE MERIDIAN, CITY OF ' ARD, WASHINGTON ■ OUNTY, STATE OF OREGON, BEING MORE ..'ARTICULARLY DESCRIBED AS F ►` LOWS: COMMENCING AT NORTHWEST CORNER OF I OLOMAN RICHARDSON DONATI c LAND CLAIM NO. 44, BE i■ • G IN SAID SECTION 11, SAID POINT BEING ON 9 CENTERLINE OF THE ' GHT -OF -WAY LINE OF S.W. MURDOCK STREET, • I CE NORTH 38 °41' 7" EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET E • T OF THE WES • 1NE OF THE SOUTHWEST ONE QUARTER OF THE NOR `I ST ONE • ARTER OF SAID SECTION II, SAID POINT BEING ON THE : - " RIG P -OF -WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE '' UE • OINT OF BEGINNING; THENCE NORTH 01°16'07" EAST LE i "! G THE NORTH RIGHT -OF -WAY LINE OF SAID S.W. MURDOCK STREET ' • • • ► EL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANC' OF 93.0 EET; THENCE SOUTH 89 °50'49" EAST A DISTANCE OF 247.22 ' T; THENC ORTH 01 °19'00" EAST A DISTANCE OF 239.79 FEET T t THE SOUTHWE CORNER OF A TRACT OF LAND DESCRIBED IN FEE ∎ • I: ER 2005 -144: " ' CORDED NOVEMBER 11, 2005; THENCE NORTH 89' 7'51" EAST ALONG Ii SOUTH LINE OF SAID FEE NUMBER 2005 - 144029 DISTANCE OF 136.66 FEET 0 THE SOUTHEAST CORNER OF. SAID . FE r NUMBER 2005 - 14462 ; THEN ' . ORTH 01 °19 EAST ALONG THE EAST I OF SAID FEE NUMBER 2005 -1— : ' TO THE NORTHEAST CO' •' R OF SAID FEE NUMBER 2005 -144: ' SAID NORTHEAST CORNER BEIN • N THE SOUTH RIGHT -OF -WAY LINE OF ' W. CANTERBURY LANE; THENC' NORTH 89 °37'51" EAST ALONG SAID SO ' GHT -OF -WAY LINE OF S.W CANTERBURY LANE A DISTANCE OF 141.49 FE ' TO A POINT ON THE ` ' ST RIGHT -OF -WAY LINE OF S.W. 103 RD. AVENUE; I I CE SOUTH 0 19'00" WEST ALONG THE WEST RIGHT -OF -WAY LINE IF S.W. 103 RD. A ' A DISTANCE OF 458.64 FEET TO A POINT ON THE NO RIGH '-0E-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH ' 9 °50'49 WE' ALONG THE NORTH RIGHT -OF -WAY LINE OF S.W. MURDOCK • TREET To THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., .06 CRES MORE OR LESS. 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com I Exhibit A April 7, 2008 CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE l WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE SLOLOMAN RICHARDSON DONATION LAND CLAIM NO 44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT -OF -WAY LINE OF S W MURDOCK STREET, THENCE NORTH 38 °41'37" EAST 25 57 FEET TO A POINT THAT IS 20 00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE NORTH RIGHT -OF -WAY LINE OF S W MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGNNING, THENCE NORTH 01 EAST LEAVING THE NORTH RIGHT -OF -WAY LINE OF SAID S W MURDOCK STREET PARALLEL WITH AND 20 00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93 02 FEET, THENCE SOUTH 89 °50'49" EAST A DISTANCE OF 247 22 FEET, THENCE NORTH 01 °19'00" EAST A DISTANCE OF 239 79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005 - 144209 RECORDED NOVEMBER 11, 2005, THENCE NORTH 89 °37'51" EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005 - 144209 A DISTANCE OF 136 66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005 - 114209, THENCE NORTH 01 °19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005- 144209 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005- 144209, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT -OF -WAY LINE OF S W CANTERBURY LANE, THENCE NORTH 89 °37'51" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF S W CANTERBURY LANE A DISTANCE OF 141 49 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF S W 103 RD AVENUE, THENCE SOUTH 01°19'00 WEST ALONG THE WEST RIGHT -OF -WAY LINE OF S W 103 RD AVENUE A DISTANCE OF 458 64 FEET TO A POINT ON THE NORTH RIGHT - OF - WAY LINE OF S W MURDOCK STREET, THENCE NORTH 89 °50'49" WEST ALONG THE NORTH RIGHT -OF -WAY LINE OF S W MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ FT , 3.06 ACRES MORE OR LESS WHPacc SUBJECT TO A 12 00 FEET EASEMENT ALONG THE SOUTH RIGHT -OF -WAY LINE OF S.W CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS i REGISTERED PROFESSIONAL LAND SURVEYOR Cgeog.a/ZS .Cth73104e OREGON JULY 25,1990 CHARLES L WILEY 2474 J SIGNED 7 /I2(2ao$ EXP 6/30/20W EXHIBIT B RESERVATIONS AND ENCUMBRANCES The conveyance of the Property described in this Bargain and Sale Deed shall be subject to the following reservations and encumbrances 1 The Property shall be used only as open space, a developed or undeveloped park, or other municipal purpose, provided, however, that the matters listed in this Exhibit B are expressly permitted. 2 A fifty -foot (50') by fifty -foot (50') easement located in southeast corner of the Property, and descnbed in Exhibit B -1 attached hereto, is hereby reserved for future water system use 3 That certain Lease Agreement dated Apnl 10, 1979, between the Tigard Water District, as landlord, and the Tigard Area Histoncal and Preservation Association, as tenant 4 A conservation easement, as described in Exhibit B -2 attached hereto, is hereby reserved and shall be limited to the sole use and maintenance of the historical John Tigard House and no other purpose, for so long as such lease is in effect EXHIBIT B 50014- 36792 003 Canterbury Bargain & Sale DEED dnc1G /3/!1/2009 ' • . W HPli fit APRIL 29, 2008 Exhibit B -1 Al LEGAL DESCRIPTION WATER FACILITY EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAME'111. MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO 44 BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT -OF -WAY LINE OF S.W. MURDOCK STREET, THENCE NORTH 38 °41'37" EAST 25.57 FEET TO A POINT THAT IS 20 00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF-SAID SECTION 11, BEING ON THE NORTH RIGHT -OF -WAY LINE OF SOUTHWEST MURDOCK STREET; THENCE SOUTH 89 °50'49" EAST ALONG THE NORTH RIGHT -OF- WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 475.23 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING THE NORTH RIGHT -OF -WAY LINE OF SOUTHWEST MURDOCK STREET NORTH 01 °19'00" EAST, PARALLEL WITH AND 50.00 FEET WEST OF THE WEST RIGHT -OF -WAY LINE OF SOUTHWEST 103 AVENUE A DISTANCE OF 50 00 FEET; THENCE SOUTH 89 °50'49" EAST PARALLEL WITH AND 50.00 FEET NORTH OF THE __ NORTH RIGHT -OF -WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 50.00 FEET TO THE WEST RIGHT -OF -WAY LINE OF SOUTHWEST 103 AVENUE; THENCE SOUTH 01 °19'00" WEST ALONG THE WEST RIGHT -OF -WAY LINE OF SOUTHWEST 103 AVENUE A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SOUTHWEST MURDOCK STREET; THENCE NORTH 89 °50'49" WEST ALONG THE NORTH RIGHT -OF- WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2,501 SQ.FT , 0.06 ACRES MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NUMBER 28,817 REGISTERED PROFESSIONAL LAND SURVEYOR C9 % KagOA, OREGON JULY 25.1990 CHARLES L WILEY 2474 SIGNED 7/15(2.o EXP• 6/30/2010 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503 626 0455 • F 503 526 0775 • www whpaclffic corn 1 . • WII PEi5ifIi APRIL 29, 2008 Exhibit B -2 LEGAL DESCRIPTION CONSERVATION EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A TRACT OF LAND RECORDED NOVEMBER 11, 2005 AS FEE NUMBER 2005- 144209, SAID POINT BEING ON THE SOUTH RIGHT -OF -WAY LINE OF SOUTHWEST CANTERBURY LANE, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 89 °37'51" EAST ALONG THE SOUTH RIGHT -OF -WAY LINE SOUTHWEST CANTERBURY LANE 141 49 FEET TO THE WEST RIGHT -OF- WAY LINE OF SOUTHWEST 103 AVENUE; THENCE SOUTH 01 °19'00" WEST ALONG THE WEST RIGHT -OF -WAY LINE OF SOUTHWEST 103 AVENUE 107.83 FEET, THENCE SOUTH 89 °37'51" WEST LEAVING THE SAID WEST RIGHT -OF -WAY LINE OF SOUTHWEST 103 AVENUE 141.49 FEET TO THE EAST LINE OF SAID FEE NUMBER 2005 - 144209, THENCE NORTH 01 °19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005 - 144209 107 83 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 15,250 SQ FT , 0.35 ACRES MORE OR LESS SUBJECT TO A 12.00 FOOT EASEMENT ALONG THE SOUTH RIGHT -OF -WAY LINE OF SOUTHWEST CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007 - 072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS' WASHINGTON COUNTY SURVEY NUMBER 28,817. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25 1990 CHARLES L WILEY 2474 SIGNED 7/l5 / Zooms EXP 6/30/2010 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503 626 0455 • F 503 526 0775 • www whpacific corn RECEIVED JAN 14 2013 CITY OF TIGARD PLANNING /ENGINEERI City of Tigard East Butte Heritage Neighborhood Park Minor Modification to CUP2012 -00001 Submitted to City of Tigard Current Planning Division January 14, 2013 4111 4 Cit o f Tigard Minor Modification — Type I Application TIGARD GENERAL INFORMATION Property Address /Location(s): Heritage Park 10310 S W Canterbury Lane In addition, the Director must find that the proposed change is in compliance with all applicable requirements cf Tax Map & Tax Lot #(s): 2S1 11 BC, Lot 02603 Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a Site Size: 3.06 ac discussion indicating how the site expansion /change will Applicant *: City of Tigard Parks Division continue to comply with the maximum setback, building height, parking, and landscaping standards. Other Address: 13125 SW Hall Blvd. requirements of this title such as clear vision, solid waste City /State: Tigard, OR Zip: 97223 storage, non - conforming situations, signs, and tree Primary Contact Steve Martin, Parks & Facilities Manager removal may also be applicable depending on the type and Phone: 503 - 718 - 2583 Fax: 503 684 - 8840 location of the proposed modifications. E - Mail: Steve @tigard - or.gov Property Owner /Deed Holder(s) *: (Attach list if more than one) City of Tigard REQUIRED SUBMITTAL ELEMENTS Address: 13125 SW Hall Blvd. Phone: 639 -4171 97 223 (Applications will not be accepted without the mio Z i City /State: Tigard, OR Zip: following required submittal elements) * When the owner and the applicant are different people, the ❑ Application Form applicant must be the purchaser of record or a lessee in ❑ Owner's Signature/Written Authorization possession with written authorization from the owner or an ❑ Title Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a ❑ Site Plan (4 Large Plans & One — Reduced to 81/2" x 11 ") written authorization with this application. ❑ Applicant's Statement /Narrative (4 copies) ❑ Filing Fee $627.00 Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximum allowed under any one or Case No.(s): more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Ocher Case No.(s): new Site Development Review or Conditional Use Permit. Receipt No.: Applicant's Statement Date: The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: to each criterion. Failure to provide the information needed Revised: 7/1/12 to process the application would be reason to consider an " \r urpin \misters' land use apphcauons minor mod ficauon app.docx application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of , 20 Owner's Signature 0 r/l,, Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard - or.gov I Page 2 of 2 TABLE OF CONTENTS Section 1. Application Summary 1 -1 Section 2. Summary of Minor Modification 2 -1 Section 3. Application Narrative 3 -1 FIGURES L1.0 Tree Preservation / Removal Plan L2.1 Site Development Plan is Section 1. Application Summary Applicant: Steve Martin, Parks & Facilities Manager City of Tigard Parks Division 8777 SW Burnham Street Tigard, OR 97223 Phone: (503) 718 -2583 Fax: (503) 684 -8840 Email: steve(tigard- or.gov Applicant's Representative: Steve Duh Conservation Technix PO Box 12736 Portland, OR 97212 Phone: (503) 989 -9345 Email: steve@conservationtechnix.com Project Request: Type I Minor Modification to the previously approved Conditional Use permit (CUP2012- 00001) for the development of East Butte Heritage Park. The application will also demonstrate compliance with applicable provisions of Title 18. Location: 10310 SW Canterbury Lane Site Size: 3.06 acres Legal Description: 2S111BC, Lot 02603 Comprehensive Plan Designation: Low Density Residential Current Zoning: R -3.5 Applications Submitted For: Minor Modification to Conditional Use Neighborhood: Southview Summary: The City of Tigard Parks Division intends to develop East Butte Heritage Park (formerly known as the Canterbury property) as a neighborhood park. East Butte Heritage Park is located on a single parcel consisting of 3.06 acres located at 10310 SW Canterbury Lane. Access to site is from Canterbury Lane, 103` Avenue, 104 Avenue and 106 Avenue. Section 1 1 -1 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 A land use application for a conditional use was filed earlier this year and addressed the proposed development and the applicable requirements from Title 18. The Type III - Hearing Officer review was approved with conditions on May 15, 2012, as CUP2012- 00001. The proposed minor modification to CUP2012 -00001 is to request approval to relocate the park restroom slightly to the west of its former location to accommodate a more efficiently designed sewer connection to the sewer line within Canterbury Lane. This request also seeks approval of an exception to the utility undergrounding requirement due to excessive cost. As a result of the requested building relocation and re- alignment of above ground utilities as per PGE, 14 additional trees will be removed. The revised total number of trees to be removed for park development is 33. No other modifications to the previously approved CUP are requested, and no other impacts or changes will be made to the CUP conditions of approval. Section 1 1-2 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Design Team for City of Tigard East Butte Heritage Neighborhood Park Land Use Planner: Conservation Technix PO Box 12736 Portland, OR 97212 Phone: (503) 989 -9345 Landscape Architect and Group Mackenzie Civil Engineering: RiverEast Center, Suite 100 1515 SE Water Avenue Portland, OR 97214 Phone: (503) 224 -9560 Fax: (503) 228 -1285 Arborist: Pacific Resources Group 4800 SW Meadows Road, Suite 300 Lake Oswego, OR 97035 Phone: (503) 222 -4320 Section 1 1 -3 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Section 2. Summary of Minor Modification Summary of Proposed Project: East Butte Heritage Park is located on a single parcel (2S11 1 BC, Lot 02603) consisting of 3.06 acres located at 10310 SW Canterbury Lane. The parcel includes the historic John Tigard House, which is currently leased by the City to the Tigard Historical Association for museum operations and management. The proposed park development project does not affect, encroach upon or impact the Tigard House, and with the exception of a pedestrian pathway and sewer connection, it will occur completely outside of the existing Historic District (HD) overlay zone. The park site is undeveloped and un- irrigated, contains a mix of wooded area and lawn area and has several `use paths' traversing it. A small grove of Douglas Fir trees (approximately 1 acre) exists along 103` Avenue, which was originally planted as Christmas trees. The passage of the 2010 Parks Bond provides funding to enable the development of East Butte Heritage Park (formerly known as the Canterbury property), which the City of Tigard Parks Division intends to develop a neighborhood park. This park project was identified as a high priority project in the Park System Master Plan, the adopted City of Tigard CIP and the Notice of City Measure Election provided to voters regarding the parks bond. A land use application for a conditional use was filed early in 2012 and addressed the proposed development and the applicable requirements from Title 18. The proposed park development includes a playground, picnic area, picnic shelter, restroom, walking paths, lawn area, landscaping and a trail connecting 103` Avenue to 104 Avenue and 106 Avenue along the Murdock Street right -of -way. The Type III - Hearing Officer review was approved with conditions on May 15, 2012, as CUP2012- 00001. The proposed minor modification to CUP20I2 -00001 is to request approval to relocate the park restroom slightly to the west of its former location to accommodate a more efficiently designed sewer connection to the sewer main within Canterbury Lane. The restroom relocation is required due to the existing topography and relative depth of the sewer line; shifting the building to the west takes advantage of a higher base elevation to accommodate a minimum 2% slope on the sewer connection to Canterbury. This MMD request also seeks approval of an exception to the utility undergrounding requirement of section 18.810.120.0 due to excessive cost and technical difficulty. Following the CUP approval, the project team consulted with a PGE engineer for the utility undergrounding design. The existing utility poles along SW 103rd Avenue carry a high voltage feeder line connected to the nearby substation, and a new transformer vault along Canterbury at the Tigard House and significant runs of conduit of various sizes would be required. The applicant seeks an exception to undergrounding and proposes, via PGE, a minor re- alignment of above ground utilities to accommodate the half street improvements along 103rd Avenue and create a straight run of utilities along the road. As a result of the requested building relocation and re- alignment of above ground utilities as per PGE, fourteen additional trees will be removed. The revised total number of trees to be removed for park development is thirty- three. No other modifications to the previously approved CUP are requested, and no other impacts or changes will be made to the CUP conditions of approval. Section 2 2 -1 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Section 3. Application Narrative The purpose of this section is to demonstrate that the proposed park project meets all the applicable standards and requirements of the Tigard Development Code, Title 18. SUMMARY OF APPLICABLE REGULATIONS This narrative addresses criteria from the following Development Code chapters. 18.330 — Conditional Use 18.360 — Site Development Review 18.390 — Decision Making Procedures 18.510 — Residential Zones 18.705 — Access Egress and Circulation 18.725 — Environmental Performance Standards 18.745 — Landscaping and Screening 18.765 — Off - Street Parking and Loading 18.790 — Tree Removal 18.810 — Street and Utility Improvement Standards Conditional Use (Chapter 18.330) Section 18.330.020 Approval Process C. Minor modification of approved or existing conditional use. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3 below. A minor modification shall be approved, approved with conditions, or denied following the Director 's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; Finding: The proposed project requests a minor modification to an existing and approved conditional use permit, and the findings detailed in the remainder of this application narrative demonstrate compliance with all applicable requirements of Title 18. b. The modification is not a major modification ...(see Section 18.330.020.B below) Finding: The proposed project is a minor modification to an existing and approved conditional use permit (CUP2012- 00001), and will be processed as a Type I procedure as regulated by 18.390.030. Responses to the criteria regarding the determination of a major modification are noted below in the following section. The proposed project does not meet criteria for a major modification and should be deemed a minor modification. Section 18.330.020.B. Major modification of approved or existing conditional use. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: a. A change in land use; Section 3 3 -1 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Finding: The requested modification to CUP2012 -00001 is related to a requested relocation of the public restroom structure to provide for a more efficient connection to the sewer line located in Canterbury Lane, utility undergrounding exception, and for the resulting change in the trees identified for removal. No change in land use is proposed. This criterion does not apply. b. A 10% increase in dwelling unit density; Finding: The approved CUP2012 -00001 was for a neighborhood park, and no residential units were approved. No residences are proposed, and no increase in dwelling unit density is proposed. This criterion does not apply. c. A change in the type and /or location of access ways and parking areas where off -site traffic would be affected; Finding: The requested modification is for the relocation of a restroom structure and utility undergrounding exception. The approved CUP2012 -00001 did not include new access ways or parking associated with the neighborhood park. No change in the type and/or location of access ways and parking areas is proposed where off -site traffic would be affected. This criterion does not apply. d. An increase in the floor area proposed for non- residential use by more than 10% where previously specified; Finding: This application is to request approval for the relocation of the restroom on site. No increase in the floor area for the restroom is proposed. This criterion does not apply. e. A reduction of more than 10% of the area reserved for common open space and /or usable open space; Finding: The approved CUP2012 -00001 did not require common open space; therefore, no reduction in the area for open space is proposed. This criterion does not apply. f A reduction of specified setback requirements by more than 20 %; Finding: The proposed relocation of the park restroom represents an adjustment to the site layout as shown on the Site Plan. The proposed location for the restroom is located in accordance with the setback requirements for the zone (R -3.5) from Table 18.510.2 and the supplemental setback requirements noted in Section 18.330.050(B)5. No reduction of setback requirements is proposed. This criterion does not apply. g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; Finding: The requested modification is for the relocation of a restroom structure. No change to or elimination of project amenities for recreational facilities is proposed. This criterion does not apply. Section 3 3 -2 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 h. A 10% increase in the approved density; Finding: The approved CUP2012 -00001 was for a neighborhood park, and no residential units were approved. No residences are proposed, and no increase in density is proposed. This criterion does not apply. Section 18.330.050(B) Additional Development Standards for Conditional Use Types 5.) Community Recreation and Parks a. All building setbacks shall be a minimum of 30 feet from any property line Finding: Two structures are proposed on site. The proposed, revised location for the park restroom is 32 feet from the nearest property line in accordance with this requirement. No change in the location for the picnic shelter is proposed. This approval criterion is met. b. There are no off - street parking requirements, except ... for a dog park or off -leash area Finding: The proposed park will not be a designated dog park, and there will not be any sort of fenced enclosure where dogs are allowed off - leash. This approval criterion does not apply to the project. Site Development Review (Chapter 33.360) 18.360.020 Applicability of Provisions A. Applicability and exemptions. Site development review shall be applicable to all new developments and major modification of existing developments, as provided in Section 18.360.050, except it shall not apply to... 4. Minor modifications as provided in Section 18.360.030.B; 5. Any proposed development which has a valid conditional use approved through the conditional use permit application process; Finding: The proposed project is exempt from the provisions of Site Development Review, since it is a minor modification as defined by Section 18.360.030.B and Section 18.330.020.B.2. The proposed project is part of an approved conditional use permit (CUP2012- 00001) and represents a minor modification to it. The remainder of the Site Development Review provisions do not apply. Decision - Making Procedures (Chapter 18.390) 18.390.030 Type I Procedure A. Preapplication conference. A preapplication conference is not required for a Type I action. Finding: Advisory. B. Application requirements. 1. Application forms. Type I applications shall be made on forms provided by the Director as provided by Section 18.390.080.E.1. Finding: The appropriate application materials have been submitted. Section 3 3 -3 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 2. Application requirements. Type I applications shall: a. Include the information requested on the application form; Finding: Compliance will be achieved as demonstrated by the completeness letter. b. Address the relevant criteria in sufficient detail for review and action; and Finding: All of the relevant approval criteria are addressed. Documentation of compliance will been achieved as demonstrated by the completeness letter. c. Be accompanied by the required fee. Finding: The required fee has been submitted. Residential Zoning Districts (Chapter 18.510) Section 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. Finding: As demonstrated in the remainder of this narrative, all applicable standards and requirements are shown to be met. B. Development standards. Development standards in residential zoning districts are contained in Table 18.510.2. Criteria from Table 18.510.2 Standard (R -3.5) Subject Property Minimum Lot Size 10,000 s.f. 133,294 s.f. Average Minimum Lot Width 65 ft. 140 ft. Maximum Lot Coverage — — Minimum Setbacks Front yard 20 ft. 104 ft. Side facing street on corner & through lots 15, ft. 135 ft. Side yard 5 ft. 32 ft. Rear yard 15 ft. 126 ft. Side or rear yard abutting more restrictive zoning — — district Distance between property line and front of garage 20 ft. NA — no garage Maximum Height 30 ft. 14 ft. Minimum Landscape Requirement — — Finding: The proposed project meets all applicable dimensional standards for the R -3.5 zone. This approval criterion is met. Section 3 3 -4 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Access, Egress And Circulation (Chapter 18.705) 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on -site parking or loading requirements or which changes the access requirements. Finding: This application is to request approval for the relocation of the park restroom on site. The original site plan was approved as CUP2012- 00001, and Access, Egress and Circulation requirements of this Section were previously reviewed and approved. No site changes are proposed that either increase the on -site parking or loading requirements or change the access requirements. The provisions of this Section do not apply to the proposed minor modification. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. Finding: This application is to request approval for the relocation of the park restroom on site. The original site plan was approved as CUP2012- 00001, and Access, Egress and Circulation requirements of this Section were previously reviewed and approved. No changes to building uses or size are proposed. The provisions of this Section do not apply to the proposed minor modification. C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. Finding: As noted in the narrative addressing Chapter 18.360, Site Development Review is not required for the proposed minor modification. The proposed project does not include vehicular access, and therefore an access plan is not provided. The provisions of this Section do not apply to the proposed minor modification. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. Finding: The proposed project is part of a neighborhood park. Subdivision rules and standards do not apply to this project. 18.705.030 General Provisions (A - J) Finding: As noted above, the provisions of this Section are not applicable to the proposed minor modification. These requirements do not apply. Section 3 3 -5 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Environmental Performance Standards (Chapter 18.725) Section 18.725.020 General Provisions A. Compliance with applicable state and federal regulations. In addition to the regulations adopted in this chapter, each use, activity or operation within the City of Tigard shall comply with the applicable state and federal standards pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or stream. Regulations adopted by the State Environmental Quality Commission pertaining to non point source pollution control and contained in the Oregon Administrative Rules shall by this reference be made a part of this chapter. Finding: As noted in the staff report for CUP2012- 00001, the proposed park use would not generate unacceptable levels of noise, visible emissions, vibrations, odors, glare, heat, or attract insects and rodents. To ensure compliance, any activities that would generate unacceptable adverse effects would be subject to the enforcement provisions of the Tigard Municipal Code. The requested relocation of the park restroom will not increase the levels of noise, visible emissions, vibrations, odors, glare or heat, or attract insects and rodents. The remaining provisions of this Section do not apply. B. Evidence of compliance. Prior to issuance of a building permit, the Director may require submission of evidence demonstrating compliance with state, federal and local environmental regulations and receipt of necessary permits; these include Air Contaminant Discharge Permits (ACDP) or Indirect Source Construction Permits (ISCP). Finding: Except for on -site stormwater regulated by Clean Water Services, this provision does not apply. C. Continuing obligation. Compliance with state, federal and local environmental regulations is the continuing obligation of the property owner and operator. Finding: Advisory. This provision generally does not apply. Landscaping and Screening (Chapter 18.745) Section 18.745.030 General Provisions (A - H) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations affecting previously approved landscaping on the park site. City park maintenance staff will prune and trim landscaping, so that it will not interfere with maintenance and repair of public utilities; not restrict pedestrian access; nor impede visibility, in compliance with the requirements of this Section. Additionally, the applicant will undertake half street improvements along SW 103` Avenue, which will include the installation of street trees in the curbside planting strip in compliance with this Section. No other plantings are proposed within the right -of -way that exceed the 18 inch height restriction. The provisions of this Section will be met. Section 18.745.040 Street Trees (A - H) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations affecting proposed street trees. As noted in the staff report for CUP2012- 00001, Section 3 3 -6 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 the proposed Eastern Redbud trees along 103rd Avenue meet the street tree requirements. This requirement will be met. Section 18.745.050 Buffering and Screening (A - F) Finding: The proposed park use is not identified in Table 18.745.1. Therefore, the buffering and screening requirements do not apply. Section 18.745.060 Re- vegetation (A - C) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations to the planned landscaping enhancements for park development. The previously approved Landscaping Plan from CUP2012 -00001 illustrated all proposed landscaped areas, including those re- planted following construction, in compliance with this requirement. These provisions will be met. Mixed Solid Waste and Recyclable Storage (Chapter 18.755) Section 18.755.040 Methods of Demonstrating Compliance (A - F) Finding: As noted in the staff report for CUP2012- 00001, the mixed solid waste and recyclables storage standards apply to facilities subject to pick up by commercial haulers. Therefore, these standards do not apply to the proposed park use where City of Tigard Public Works provides the service. No revisions to the collection and management of on -site waste storage and pick up are proposed with this minor modification. The remaining provisions of this Section do not apply. Off - Street Parking and Loading (Chapter 18.765) Section 18.765.030 General Provisions (A -H) Finding: Chapter 18.330.050.B(5) directs that there are no off - street parking requirements for Community Recreation, except for dog parks. The proposed project is not, and does not contain, a dog park. This provision and the remaining provisions (A -H) of this subsection do not apply. Section 18.765.040 General Design Standards (A -N) Finding: Chapter 18.330.050.B(5) directs that there are no off - street parking requirements for Community Recreation, except for dog parks. The proposed project is not, and does not contain, a dog park. This provision and the remaining provisions (A -N) of this subsection do not apply. Section 18.765.050 Bicycle Parking Design Standards (A - E) Finding: As shown in the revised Site Plan, applicant proposes two bicycle parking spaces. The location of the two proposed parking spaces would be visible from the street, and the bicycle parking spaces will be located on a hard - surface, concrete pad. The proposed bicycle parking area is located within 15 feet of the primary structure on site and will be visible from it. The provisions of this Section are is met. Section 18.765.060 Parking Structure Design Standards (A -D) Finding: No parking structure is proposed. Provisions 18.765.060 A -D do not apply. Section 3 3 -7 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Section 18.765.070 Minimum and Maximum Off - Street Parking Requirements A. Parking requirements for unlisted uses. 1. The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by. Section 18.340. Finding: Minimum and maximum off - street parking requirements for Community Recreation are identified in Table 18.765.2. However, Chapter 18.330.050.B(5) directs that there are no off - street parking requirements for Community Recreation, except for dog parks. The proposed project is not,'and does not contain, a dog park. This provision and the remaining provisions (B- I) of this subsection do not apply. • 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. Finding: Advisory. This provision does not apply. Section 18.765.080 Off - Street Loading Requirements A. Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off - street loading and maneuvering space as follows: B. Off - street loading dimensions. Finding: The proposed project is a civic use and does not include the construction of any commercial, industrial and institutional buildings or structures. This provision does not apply. Tree Removal (Chapter 18.790) 18.790.030 Tree Plan Requirement A. Tree plan required A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. Finding: An Arborist Report and Tree Preservation / Removal Plan illustrating the removal'and protection of trees was submitted with CUP201 2- 00001. A revised Tree Preservation / Removal . Plan is included and illustrates the proposed changes to the trees identified for removal. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; Finding: The original Tree Preservation / Removal Plan identifies the location, size and species of all existing trees on site. This requirement has been met. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in Section 3 3 -8 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. Finding: As noted below, the Tree Preservation/Removal Plan identifies the retention of 90% of existing trees over 12" in caliper; therefore, no mitigation for the planned removals is required. 3. Identification of all trees which are proposed to be removed; Finding: As illustrated on the revised Tree Preservation/Removal Plan (Figures L1.0), the trees that are proposed for removal are clearly identified with an "X" in those locations. In total, thirty-three trees have been identified for removal, and twenty-five of the trees are over 12" in caliper. As previously highlighted in the Arborist Report from CUP2012- 00001, two hazard trees ( #50 — 24" Douglas Fir & #121 — 18" Bigleaf Maple) were identified for removal; the Douglas Fir is dead and the Maple has internal decay and insufficient sound wood. Both trees pose a risk to the public. Near the southeast corner of the site and within the Murdock Street right -of -way, two Mazzard Cherry trees ( #169 — 14" dbh & #170 — 11" dbh) and one Hawthorn ( #167 — 14" dbh) are proposed for removal due to uncorrectable structural defects and crown crowding. Twenty-eight Douglas Fir trees ( #165 & #176, A -Al — varying dbh) are proposed for removal to facilitate the planned sidewalk along SW 103 Avenue and the restroom building. Five of the twenty-eight Douglas Firs ( #176, N -R) are now identified for removal to accommodate the requested re- alignment of above ground utility services via a PGE requirement if the exception to the utility undergrounding is accepted. Thirteen of the twenty-eight Douglas Fir trees are now identified for removal resulting from the relocation of the restroom to the west of its former location. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Finding: Trees to remain on site will be protected on the Tree Preservation/ Removal Plan and described in the Arborist Report. C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. Finding: The applicant acknowledges this restriction; any trees removed within a one -year period to this development application will be inventoried and mitigated as part of the tree plan. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. 2. Lot size averaging. 3. Lot width and depth. 4. Commercial /industrial /civic use parking. Finding: The proposed project is for a city park. These provisions do not apply. Section 3 3 -9 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 5. Commercial /industrial /civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. Finding: The proposed project is for a city park. The preservation and expansion of natural areas and public landscapes is a core component of park development. No reduction in required landscaping is requested. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. Finding: Should any subsequent trees need to be removed, the applicant will follow all applicable standards and requirements. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775... Finding: The trees proposed for removal on site are not located within or on a sensitive land area. The requirement for a tree removal permit does not apply. 18.790.060 Illegal Tree Removal (A - F) Finding: As noted above, over 75% of the trees over 12" in caliper are being retained on site; therefore, no mitigation, replacement or in lieu -of payment is required. The applicant acknowledges that the remedies set out in this section are not exclusive. Street and Utility Improvement Standards (Chapter 18.810) 18.810.020 General Provisions (A - E) Finding: The proposed minor modification to the approved CUP2012 -00001 seeks an exception to the utility undergrounding requirement of section 18.810.120.0 due to excessive cost and technical difficulty. The applicant proposes, via PGE, a minor re- alignment of above ground utilities to accommodate the half street improvements along 103rd Avenue and create a straight run of utilities along the road. No other alterations or changes are requested to the street improvements previously proposed and conditionally approved. The provisions of this Chapter will remain in effect. These provisions are met. Section 3 3 -10 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 18.810.030 Streets (A - AC) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations to the previously approved, planned improvements to streets abutting the property. The pending park project will construct half - street improvements to meet city local street standards on the SW 103rd Avenue frontage and will provide the required ROW dedication on SW 103rd Avenue. These provisions are met. 18.810.040 Blocks (A -B) Finding: These provisions do not apply as the creation of new blocks is not part of this proposal. As noted in the staff report for CUP2012- 00001, the existing block formed by SW 103rd Avenue, SW Murdock Street, SW Canterbury Street and SW 106th Avenue meets the block size requirement. However, Murdock Street does not fully extend to intersect with 103rd Avenue, but the ROW does exist for that future extension. The impact of the proposed development is not proportional to the cost of extending Murdock Street. As a result, the requirement to extend Murdock Street will not be imposed on this development project. 18.810.050 Easements (A - B) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations or changes the need for easements on site. As conditioned in CUP2012- 00001, the existing storm line crossing the site will be placed within a storm drain easement. These provisions are met. Section 18.810.060 Lots (A -E) -- related to the creation of new lots Finding: These provisions do not apply as the subject lot is pre- existing, and no new lots are being created as part of this proposal. 18.810.070 Sidewalks (A - G) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations to the previously proposed and approved sidewalk alignment. As noted in the staff report for CUP2012- 00001, this park development project will provide a meandering sidewalk to avoid a relatively steep slope along the property frontage. The sidewalk will meander as needed along the eastern side of the property adjacent to 103rd Avenue. These provisions are met. 18.810.080 Public Use Areas (A -B) -- related to the dedication and acquisition of parkland Finding: These provisions do not apply as the proposed project is for the development of a City- owned public park. 18.810.090 Sanitary Sewers (A - D) Finding: The minor modification request to CUP2012 -00001 proposes the relocation of the public restroom structure to provide for a more efficiently designed connection to the sewer main located within Canterbury Lane. The restroom relocation is required due to the existing topography and relative depth of the sewer line; shifting the building to the west takes advantage of a higher base elevation to accommodate a minimum 2% slope on the sewer connection to Canterbury. No change to the sewer line size is requested in this application. As noted in the Section 3 3 -11 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 approval for CUP2012- 00001, sewer service is required and is available to the site. A reimbursement fee to the Sanitary Sewer Reimbursement District No. 50 is also required. These provisions are met. 18.810.100 Storm Drainage (A - D) Finding: Although this minor modification request proposes the relocation of the park restroom, no other impacts or changes in site conditions would be made to affect on site storm water drainage. The amount of storm runoff generated by new imperious areas on the site is minimal. Those flows will be directed to pervious areas on the site for disposal. These provisions are met. 18.810.110 Bikeways and Pedestrian Pathways (A - C) Finding: The proposed minor modification to the approved CUP2012 -00001 does not include any alterations affecting the need for bikeways and pedestrian pathways. As noted in the staff report for CUP2012- 00001, there is no need for dedication of bike and pedestrian easements on the property. These provisions do not apply. 18.810.120 Utilities (A - D) A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and :: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The City reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Finding: This minor modification to the approved CUP2012 -00001 includes a request to alter the project approach regarding the undergrounding of utilities. Utility undergrounding was a condition of approval in CUP2012- 00001; however, new design information is prompting the applicant to revisit this item. The existence of a high voltage feeder line has triggered undergrounding requirements from PGE to include significant, unforeseen vault and conduit structures along with the installation of two new off -site power poles to be placed as part of the project. The cost and technical difficulty of undergrounding these utilities exceeds the benefit of undergrounding for the construction of a new neighborhood park that uses nominal amounts of electricity. Therefore, the applicant is requesting an exception to the undergrounding requirement, and explanatory narrative is provided in response to section 18.810.120.0 below. If the exception to undergrounding utilities is granted and utilities remain overhead, PGE will require the relocation and replacement of existing power poles along SW 103rd Avenue to accommodate the street frontage improvements and sidewalk installation; however, the re- alignment necessitates the removal of the first row of Douglas Fir trees along SW 103rd Avenue. A total of nine additional trees would be removed to accommodate the re- aligned overhead utilities. Section 3 3 -12 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and. 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. Finding: The development plans indicate the Public Utility Easement and design information related to the relocation of overhead utilities. This condition is met. C. Exception to undergrounding requirement. 1. The developer shall pay a fee in -lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case -by -case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above - ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay the fee in -lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in -lieu of undergrounding. 4. The exceptions in Paragraphs I through 3 of this Subsection C shall apply only to existing utility lines. All new utility lines shall be placed underground. Finding: The applicant is requesting an exception to the undergrounding requirement as previously conditioned in CUP2012- 00001. The proposed park development project does not necessitate any new or additional utility services. Only existing utility lines would be relocated as part of this project. The existing utility poles along SW 103rd Avenue carry a high voltage feeder line connected to the nearby substation in addition to local residential distribution lines and other utilities (phone, cable). If the undergrounding of existing utilities were to proceed, the proposed park development project would remove two existing power poles along the frontage of the park, but it also would require the installation of two new poles located off -site (one at the northwest corner of Canterbury Lane and SW 103rd Avenue and another along Murdock Street east of the project site), in addition to a new transformer vault along Canterbury at the Tigard House and significant runs of conduit of various sizes. Following an initial design request for Portland General Electric (PGE) to remove the two existing power poles, they indicated the additional requirements to underground three spans of PGE feeder line along the west side of SW 103rd Avenue. As per PGE's requirements, the applicant and its contractor would be required to provide and install the following: Section 3 3 -13 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 • 2- 6" conduits for the underground feeder from the new PGE pole on the NW corner of SW Canterbury Lane and SW 103rd Avenue to the existing PGE pole # 1142 on the south side of (undeveloped) SW Murdock Street • 1- 4" conduit for the local 3 phase underground circuit from PGE pole# 1139 at SW Canterbury Lane and SW 103rd Avenue to the new 660 -PGE vault to the new 5106 -PGE vault to the existing PGE pole# 1143 on SW Murdock Street east of SW 103rd Avenue • 1- 2" conduit from the 5106 -PGE vault to the new 644 -3 -PGE transformer vault • 1- 3" conduit from the 644 -3 -PGE transformer vault across SW 103rd to the existing 30- foot Frontier pole at the house located at 14730 SW 103rd Avenue • 1- 3" conduit north from 644 -3 -PGE transformer vault to a provided & installed 1730-24 - PGE Handhole to intercept the existing conduit off PGE pole# 1140 (to be removed) to feed the existing underground service to the house located at 14600 SW 103rd Avenue PGE representative remarked that the amount of work for this project was extensive and would be comparable to the work needed to underground the equivalent of a 6 -block area, since the feeder line is affected. As outlined by PGE, the undergrounding project would be extensive and more technically difficult than merely undergrounding common residential utility services. The applicant's designer has estimated the PGE- required infrastructure would result in a cost of approximately $60,000 for undergrounding. This amount is 7.5 times higher ( +650 %) than originally anticipated and would represent 40% of the revised, total cost of the voluntary half street improvements to SW 103rd Avenue. The cost and technical difficulty of undergrounding these utilities exceeds the benefit of undergrounding for the construction of a new neighborhood park that uses nominal amounts of electricity. The condition of approval in CUP2012 -00001 to require the undergrounding of utilities along SW 103rd Avenue is unreasonable given the existence of three high voltage feeder lines (12,500 volts each), the extension of undergrounding beyond the project site, the need for the installation of new power poles off -site, and extra work required by PGE to enable line disconnects and rerouting. Furthermore, the existing land uses in the immediate vicinity of the project site are already developed, and no new infill development is expected to take advantage of utility undergrounding along the Heritage Park frontage. If the exception to undergrounding utilities is granted and utilities remain overhead, PGE will require the relocation and replacement of existing power poles along SW 103rd Avenue to accommodate the approved street frontage improvements and sidewalk installation; however, the re- alignment necessitates the removal of the first row of Douglas Fir trees along SW 103rd Avenue. A total of nine additional trees would be removed to accommodate the re- aligned overhead utilities. The removal of these trees is noted in the narrative response to section 18.790 and is shown on the Site Plan. D. Fee in -lieu of undergrounding. 1. The City Engineer shall establish utility service areas in the City. All development which occurs within a utility service area shall pay a fee in -lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The City Engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total Section 3 3 -14 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 estimated cost for undergrounding in a service area shall be allocated on a front foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The City Engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the City at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the City. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the City Council for their review and approval annually. Finding: Advisory. The applicant is requesting to pay a fee in lieu of undergrounding the utilities along SW 103rd Avenue. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. Finding: The applicant will provide any cash deposit or bond if so required. 18.810.140 Monuments A. Replacement required Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. Finding: This provision does not apply. 18.810.150 Installation Prerequisite A. Approval required No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid, and permit issued Finding: The building permit process is the vehicle by which such permits are issued by the City Engineer. This requirement will be met. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by Council resolution Finding: The applicant will pay all applicable fees related to the submission of the building permit package in compliance with this requirement. 18.810.160 Installation Conformation A. Conformance required. In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at his /her own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. Section 3 3 -15 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013 Finding: Compliance to this requirement will be demonstrated in the final inspection prior to the issuing of the occupancy permit. This requirement will be met. B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P. W.A., and Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. Finding: The applicant's civil engineer has designed all improvements to meet the city's standards, per this requirement. Section 3 3 -16 City of Tigard East Butte Heritage Park: MMD to CUP2012 -00001 January 14, 2013