MMD2009-00010 MMD2009 00010
COOK PARK
RESTROOM AND
SHELTER
City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga?.., OR 97223
April 20,2009
•
Steve Martin,Parks Manager
City of Tigard T I GARD
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Cook Park Minor Modification Approval (MMD2009-00010)
17005 SW 92nd Avenue;WCTM 2S114DB, Tax Lot 100
Dear Mr. Martin:
This letter is in response to your request for Minor Modification (MMD2009-00010) approval to modify the
previously approved site plan for the Cook Park located at 17005 SW 92nd Avenue (CUP2000-00001). The
applicant is proposing to replace a picnic shelter and restroom that recently burned by rebuilding the shelter and
constructing a new 400 square foot restroom that is no longer attached to the shelter. Both the new and existing
buildings are proposed within the floodway. One of the concerns with placing structures within the floodway�s
the water displaced by the structure could have adverse impacts in other areas.
The displacement of water will be reduced by the new structures. No walls are proposed within the shelter, only
the supporting posts. The previous structure had 6 posts (about 1 square foot each) as does the proposed
structure. The new restroom will be 400 square feet with wall enclosures (the previous restroom was 420 square
feet). The roof area will increase, however the roof will be above the height of the 1996 flood and will not
displace any more water. The floor area is at grade and does not displace any water. The floor area is also reduced
because concrete area extending beyond the restroom roofline will be eliminated. This concrete allowed users to
walk from inside the shelter to the exterior restroom entrance. All concrete for the new shelter will be inside the
roofline. There is no internal structure for the shelter.
Analysis of Modification Request:
Section 18.330.020 of the Tigard Development Code Conditional Use Review Section, states; "if the
requested modification meets any of the major modification criteria, that the request shall be reviewed
as a new Conditional Use application."
Section 18.330.020.B.2 states that the Director shall determine that a major modification(s) has resulted if
one (1) or more of the changes listed below have been proposed:
1. A change in land use; The prior use approved for this site is Community Recreation. The use is not
proposed to change.
2. A 10% increase in dwelling unit density; The site is not developed with a residential use;therefore,this
criterion is not applicable.
3. A change in the type and/or location of access ways and parking areas where off-site traffic
would be affected; The proposed modifications are along the western boundary of the site near the
Tualatin River. There are no changes proposed to the accessway or parking areas, and off-site traffic will
not be affected by the construction of the shelter and restroom facilities. This standard is met.
4. An increase in the floor area proposed for non-residential use by more than 10% where previously
specified; The request is to reconstruct a shelter that was destroyed by fire. The area of the shelter will
not increase. The proposed bathroom is only 400 square feet. The square footages of all structures
within Cook Park totals more than 4,000 square feet; therefore the proposed increase in floor area is less
than 10% of what was previously approved. This standard is met.
Page 1 of 2
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772
5. A reduction of more than 10% of the area reserved for common open space and/or usable open
space; According to the previously approved Conditional Use Permit, Cook Park is made up of almost 80
acres of land. The loss of 400 square feet for the proposed restroom will not reduce the area reserved for
open space by more than 10%.
6. A reduction of specified setback requirements by more than 20%; The applicant is not asking for a
reduction of setbacks. This standard is not applicable.
7. An elimination of project amenities by more than 10% where previously specified provided such
as: (a) Recreational facilities; (b) Screening; or(c) Landscaping provisions; The picnic shelter will
be re-constructed in the previously approved location. The restroom facility is proposed within an open
grassy area and will not affect recreational facilities or screening within the park. As noted in #5 above,
the park is made up of almost 80 acres of land. The proposed loss of 400 square feet of grass will not
reduce the landscaping by more than 10%.
8. A 10% increase in the approved density; The proposed modification request does not involve
residential development;therefore,no increase to density is involved in the request.
This request is determined to be a minor modification to an existing site. The Director's designee has determined
that the proposed minor modification of this existing site will continue to promote the general welfare of the City
and will not be significantly detrimental, nor injurious to surrounding properties provided that, development
which occurs after this decision complies with all applicable local,state,and federal laws.
THIS REQUEST FOR MINOR MODIFICATION APPROVAL IS HEREBY GRANTED.
If you need additional information or have any questions,please feel free to call me at(503) 639-4171 ext.2437.
Sincerely,
r -
Cheryl Caines
Associate Planner
Cook Park Shelter/Restroom(M D2009-00010) Page 2 of 2
Cheryl Caines
From: Steve Martin
Sent: Friday, April 17, 2009 7:30 AM
To: Dick Bewersdorff; Cheryl Caines
Subject: RE: Cook Park Shelter
Dick,Cheryl,
The displacement of water will be reduced with the new structures. The previous structure had 6 posts(about 1 sq.ft.each)and walls
enclosing 420 square feet. The new structure will have 6 posts(again about 1 sq.ft.each)and the restroom enclosure will be 400 square
feet or under—the only walls in the new buildings. (I have not gotten competitive bids to pick a structure—but all the proposed restrooms
are under 400sq.ft.). So the structural area is reduced.
The roof area is increased-there will be the additional roof over the restroom—however the roof will be above the flood height of'96,so
it will not displace any more water.
The floor area is at grade so it does not displace any more water. And the floor area will actually be reduced as the old structure had
cement floor that extended past the roof so that people could walk around the restroom walls—the new shelter floor will be inside the roof
line—there is no internal structure except the 6 posts.
I thought that is why it fits in the Minor Mod category.
Thanks,
Steve
From: Dick Bewersdorff
Sent: Thursday, April 16, 2009 1:57 PM
To: Cheryl Caines; Steve Martin
Subject: RE: Cook Park Shelter
It isn't so much floor area or roof area in this case. It is structural area that is higher than grade—anything that acts to
increase the amount of displacement of flood water.
From: Cheryl Caines
Sent: Thursday, April 16, 2009 1:20 PM
To: Steve Martin
Cc: Dick Bewersdorff
Subject: Cook Park Shelter
Steve,
Dick and I were discussing the modification for Cook Park. The impact area would be measured by the roof area and not
the floor area. Is there any way to make the roof area of the shelter smaller(the same amount as the roof area of the
bathroom)?
Cheryl Caines
Associate Planner
City of Tigard
(503) 718-2437
1
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■ Services Division.
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1111 r"----c r� 4y
DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIOARD
• MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE
J J CONTENT.ACCURACY,TIAIEUNESS OR COMPLETENESS OF ANY OF THE
— DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO
<, . 4aL. �,�
LIABILITY FOR ERRORS, REGARDLESS OR OF HOW CAUSED.
IN THE
:- H I I
INFORMATION MI?PROVIDED REGARDLESS OF CCU CAUSED.
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City of Tigard im
_ 13125 SW Hall Blvd
_ Fi • I .rl�{�RD�LIPS Tigard,OR 97223
;� _ll IY�rI 503639-4171
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City o f Tigard APR o �0
Minor Modification - Type Vpiicdon e I
GENERAL INFORMATION In addition, the Director must find that the proposed
Property Address/Location(s): /�oO� 541 72A4•12 change is in compliance with all applicable requirements of
Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Tax Map&Tax Lot#(s): ;15!14 L O UT 102 discussion indicating how the site expansion/change will
continue to comply with the maximum setback, building
Site Size: t3 O . 9 74e. height, parking, and landscaping standards. Other
' requirements of this title such as clear vision, solid waste
Applicant'': (0, v c4 Tl,se-rc-o storage, non-conforming situations, signs, and tree
Address: )3 i a S" S' r/a.1/ ,r3/..oQ removal may also be applicable depending on the type and
City/State: 774 Atio , O it Zip: 7 22.5 location of the proposed modifications.
Primary Contact: 671)� "0.40.-r,A)
Phone: PS 74 02S-B3 Fax: 0,3-68#1-88(1°
E-Mail: ,.S'Te,....e_ f,q•aR,v -oA. Go✓
Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS
(Attach list if more than one)
(Applications will not be accepted without the
1
l' L ��6a'.0 following required submittal elements)
Address:. /3/8 S' Sb.) /7fd1/ Phone: 631-W7(
City/State: 776',4 040 o/l_. Zip: 972.4-3 El Application Form
❑ Owner's Signature/Written Authorization
"-When the owner and the applicant are different people, the
applicant must be the purchaser of record or a a lessee in 11 Title Transfer Instrument or Deed '
possession with written authorization from the owner or an ❑ Site Plan(3 Large Plans&One-Reduced to 8/: x 11")
agent of the owner. The owner(s) must sign this application ❑ Applicant's Statement/Narrative(3 copies)
in the space provided on the back of this form or submit a ❑ Filing Fee $574.00
written authorization with this application.
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 FOR STAFF USE ONLY
discussed within Section 18.360.050(B) - Site Development
Review or Section 18.330.020(B)(2) - Conditional Use. If the
modification exceeds the maximum allowed under any one or Case No.(s): Al HQ" 19 f 0
more of the criteria, a Major Modification review is required. Other Case No.(s):
Major Modifications are processed in the same manner as a
new Site Development Review or Conditional Use Permit.
Receipt No.:
Applicant's Statement: Date: LIW°q
The applicant's statement must include a summary of the Application Accepted By. s - t ei-E A
proposed changes. Criteria in either 18.360.050(B) or Date Determined Complete: 4 -17-o
18330.020(B)(2) must be addressed with a detailed response
to each criterion. Failure to provide the information needed Revised: 14-Nov-08
to process the application would be reason to consider an '\cwpin\masters\land use appLcauons\minor modaica[on app.docx
application incomplete and delay
review of the proposal.
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 1 www.tigard-or.gov 1 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 e (/ "l/ day of ,20 09
Ad4i 4.111 AAA's
Owner's Sig'.'ture 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 503-639-4171 I www.tigard-or.gov I Page 2 of 2
FORM No.723—BARGAIN AND SALE DEED.
STEVENS-NESS LAW PU U.CO.,PORTLAND,OA[.
l-i11
Cir
9271 KNOW ALL MEN BY THESE PRESENTS, That the--.County of Washington, a
-pali-tical___subdivisiQn_Q£.-the__State-.o1_Oregon
, grantor_...,
in consideration of.__Ten_and _110/.100 Dollars,
and other--valuable...considera.tion---to.ta1ling..l_esa-_thaXt..$1Q0,00
to us paid by___the..City..of__.Tigard.,_._Oregon
, grantee_..-,
do hereby grant, bargain, sell and convey unto the said grantee_.._, heirs and assigns, all the
following real property, with the tenements, hereditaments and appurtenances, situated in the County of
..--Washington and State of Oregon, bounded and described as fol lows, to-wit:
Beginning at an iron rod on the North line of the Southeast Quarter of Section 14,
Township 2 South, Range 1 West, Willamette Meridian, 1175.0 feet west of the quarter
corner on the east line of said Section 14; running thence South at right angles to •
said north line 548.8 feet to an iron; thence continuing South 75 feet to the center
of the Tualatin River; thence upstream in the center of said river 2800 feet, more
. or less, to the west line of the Southeast Quarter of said Section 14; thence North
150 feet, more or less, to the center of said Section 14; thence East 1466 feet to
the place of beginning; containing 36 acres, more or less.
This grant is made upon the express condition that the premises shall be used only
for public park purposes and should the said premises or any portion thereof be
diverted to any other use of purpose, or should the grantee assign, grant or in any
other manner alienate the title thereto or the use thereof, the title thereto and
the right of possession thereof, shall thereupon immediately revert to and revest
in the grantor or its successor without any act or demand of grantor, to the same
force and legal effect as if this deed had not been executed.
To Have and to Hold, the above described and granted premises unto the said grantee___.,
heirs and assigns forever.
Witness our hands- and seals. this 24th day of July , 19 62
N..,.),,,,.a.„..„.._ as■_,„&„,„._.,(___ 6„EA.
' /----A.1.. /0 I
(SEAL)
STATE OF OREGON, (SEAL)
ss.
County of Washington On this 24th day of July , 19.__62,
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the
within named ___BARBARA_.A-.--.WILCOX,---and--CLAYTON--NYBERG
,.,liii:ulj,
c ,` who.ar-e
1`� known to me to be the identical individual.s described in and who executed the within•
��. '�).. v * •.c''' instrument, and acknowledged to me that..-they. executed the same freely and voluntarily.
C Q ,.-.C71-- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
r.,, R �,., seal the day and year last above written.
ri? CI - c. Notary Public for Or gon. r
My commission expites..4 tc�. _ . .9
Bargain and Sale STATE OF OREGON,�y ±�` T(��
DEED County of WAS{11NG 1 U11 }88.
Co-un_ty..-of-_Washington., I certify that the within instru-
Oregon ':.� men't! was received for record on the
:., 7•. oZf.T day of 19t'a-Y,
TO i t!(DON'T USE THIS /e/!(�
I" O ;SPACE; RESERVED '- at t O o'clock.4 1I., and recorded
ip
Z CityFOR RECORDING
.-_of_.Tigard ca;' in bookr .16.� on page
t L.,V.LAe EL IN',COON
F ,,...,. •.TI es,wHERE Record of Deeds of said County.
.I U Oregon •,A_J'�,. '•u$ED.i Witness my hand and seal of
AFTER RECORDING RETURN TO '�,0i, FAO" � t`: " County affixed.
Ail
ROGER THOMSSEN, County Clerk
County lerk - eeerder.+
en r `I c .'OOK 468 PAGE I28 By --
� Deputy.
This sk-,tch is for location purposes '`
onl '4 . no liability is assum' i
any riations determined by si.. ,ey.
TITLE INSURANCE COMPANY OF OREGON
S 646-8181 a
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Cook Park Restroom and Shelter Replacement
The City of Tigard Public Works is interested in replacing a shelter and restroom that recently burned at
Cook Park. The restroom facility and shelter were on the west edge of the park and the restrooms served
people in that portion of the park. The next nearest restroom to these facilities is over 700 feet away.
The restroom was originally part of the shelter;however the parks division would like to move the restroom
facility further from the river,and out of the shelter. The restroom would have a smaller square footage than
the original restroom (420 sq. ft. —a 400 sq. ft. restroom is proposed) and would contain 4 single rest rooms.
The new building will be built of block,rather than the original wood siding. This should reduce vandalism
and also make the building more resistant to fire. The restroom proposed would be 20 ft. by 20 ft. -400
square feet.
The shelter will remain in the original footprint. The shelter will be of the same basic design as the original
shelter—a hexagon with steel posts,and will contain no walls. The shelter will be the same size as the
original,36 feet across the shelter. Because the restroom is moved out of the shelter,excess shelter floor will
be removed. Because access inside and around the shelter is improved the floor of the replacement shelter
does not need to be as large as the original shelter footprint of over 1400 sq. ft. Grass and native plants will
be planted in the new areas around the shelter.
The shelter is available for the public to use for picnics and gatherings,and is available to be reserved for a
fee,paid to the City of Tigard.
Taxlot 2S114DB00100 30.97 AC (1) SHELTER (2) RESTROOM
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Minor Modification Criteria From Approval Process 18.330.010
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;
There is no change in the land use of this property. The property is a City Park and the new buildings
replace buildings with exactly the same function.
b. An 10%increase in dwelling unit density;
There are no dwellings impacted, so there is no increase in the dwelling density associated with this
work. This 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;
This will not affect any access way or parking area. Existing access ways (•aved park trails)will remain
the same.
d.An increase in the floor area proposed for non-residential use by more than 10%where
previously specified;
There will be no increase in floor area. The City will remove hard surface(concrete and asphalt)area
from the shelter area that is equal to or greater than the floor area of the restroom (400sq.ft.) that is
being constructed.
e. A reduction of more than 10%of the area reserved for common open space and/or usable
open space;
The reduction of open space, if any is less than 10%of the area. Does not apply.
f.A reduction of specified setback requirements by more than 20%;
There is no reduction of any required setback requirements. This does not apply
g. An elimination of project amenities by more than 10%where previously specified provided
such as:
(1) Recreational facilities;
There is no reduction or elimination of recreational amenities and this will make the recreation facilities
more accessible to the public. This does not apply.
(2) Screening; or
There is no reduction in screening. This does not apply.
(3) Landscaping provisions; and
There is no reduction in landscaping provisions. This does not apply.
h.A 10%increase in the approved density;
Since there is density affected, there is no increase in the approved density.
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KERWO00 ESTATES r-I KREICK MEADOWS STRATFORD LOOP STRATFORD CT • .4 4'x`1
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DURHAM RD S UMMERF LO NOJ • STUDIO ESTATES gie•M '44#' '• ,_ A..
P,ck.Lan[hno Open Space 1111t07
199.S-736..._` 2003 OJi j p :,:'.4: 7t ,+� eZ*
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PICK S LANDING NO.2 / I w 4{ .'K _
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COPPER CREFJ(N0.2 KNEELANO ES TATcS t .',,, `''"fl HS ti < • I "`"���
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APACHE BLUFF No.S 71Mj I r. !'
53
ADDITIONAL
DOCUMENTS
III CITY OF TIGARE RECEIPT
n
. � 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 174333 - 07/14/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2009-00010 Minor Modification to an Approved Plan 100-0000-438000 $500.00
MMD2009-00010 Minor Modification to an Approved Plan- 100-0000-438050 $74.00
LRP
Total: $574.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Journal Entry 380-12-2009 DHOWSE 07/14/2009 $574.00
Payor: City of Tigard
Total Payments: $574.00
Balance Due: $0.00
Page 1 of 1
.
P ■ ' City of Tigard
T l G A K D Tidemark Journal Entry Request
This form is used to request a journal entry for Tidemark case fees to: 1) correct revenue accounts
of paid case fees, or 2) transfer fees between revenue accounts to pay case fees. Receipts and
documentation must be attached when applicable. All Tidemark journal entry requests must be
routed to the Tidemark System Administrator for processing. The Tidemark System
Administrator will route the request to Accounts Payable and a copy of the journal entry will be
returned to the Tidemark System Administrator to adjust or pay case fees.
DATE: 4/3/09
REQUESTED BY: Shirley Treat
CASE NO.: MMD2009-00010
RECEIPT NO.: DATE:
EXPLANATION: Cook Park Shelter - C /Ty / l c-'b /42Oree
/ 1
gyp,
"Posted"Account Description Posted "Post To"Account Description Post To •' CCI
(Account where fees currently reside.) $Amount (Account fees arc to be transferred to.) $Amount 1/7/�
Example: 245-0000-433000 Example: 245-0000-432000
[BUPPLN] Pln Rv [BUILD] Permit Fee
100-1600-61000 $574.00 100-0000-438000 $500.00
Parks Maintenance [LANDUS] Minor Modification
100-0000-438050 74.00
[LRPF]LR Planning Surcharge
TOTAL: $574.00 TOTAL: $574.00 -,
FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY
Case Fees Adjusted: JE #: -./aj-26'x'` Date: i !"701 I By: I -
I:\Building\Refunds`JoumalEntryRequest.doc 09/15/06