MMD2002-00030 MMD2002 00030
WOODARD PARK
STRUCTURES
4:42atik
November 6, 2002 CITY OF TIGARD
OREGON
City of Tigard Parks Department
Attn: Steve Martin
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Steve:
This letter is in response to your request for Minor Modification (MMD2002-00030) approval to
place a 300 SF shelter and two play structures in Woodard Park. All work is to be located outside
of the 100 year flood plain. The base flood elevation is between 156 and 157 feet in elevation.
The park is identified as the following parcel: WCTM 2S102BB, Tax Lot 00600
The Tigard Community Development Code, Site Development Review Section, states; "if the
requested modification meets any of the major modification criteria, that the request shall be
reviewed as a new Site Development Review application."
Section 18.360.050(B) 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. An increase in dwelling unit density or lot coverage for residential development.
The proposal does not involve residential property. Therefore, this standard does not
apply.
2. A change in the ratio or number of different types of dwelling units. This criterion is
not applicable, as this request does not involve a residential development.
3. A change that requires additional on-site parking in accordance with Chapter
18.765. There are no specific parking requirements identified for open space and parks.
These structures were identified in the Woodard Park Master Plan that has been
approved by the Tigard City Council, and the parking established in that plan considered
these structures.
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code. No change in the structural occupancy type of any building is
proposed. Therefore, this criterion is not applicable.
5. An increase in the height of the building(s) by more than 20 percent. The structures
are new, and will be required to meet the height requirements of the district. This
criterion is not applicable at this time.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. This request will not require a change in accessways or
parking areas where off-site traffic would be affected. Therefore, this criterion does not
apply.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 ' •- •
7. An increase in vehicular traffic to and from the site and the increase can be
expected to exceed 100 vehicles per day. This modification will not generate more
than 100 vehicular trips per day. Therefore, this criterion does not apply.
8. An increase in the floor areas proposed for a non-residential use by more than ten
percent excluding expansions under 5,000 square feet. The proposal calls for the
addition of a 300 square foot shelter and two playground areas. The addition is less than
5,000 square feet. Therefore, this standard is met.
9. A reduction in the area reserved for common open space and/or usable open
space that reduces the open space area below the minimum required by the code
or reduces the open space areas by more than ten percent. The modification will not
affect landscaping or open space.
10. A reduction of project amenities (recreational facilities, screening; and/or,
landscaping provisions) below the minimum established by the code or by more
than ten percent where specified in the site plan. The addition will increase the
number of project amenities available at Woodard Park. This Criterion is satisfied.
11. A modification to the conditions imposed at the time of Site Development Review
approval that is not the subject of criteria (B). 1 through 10 above. The modification
will not impact any of the conditions of approval. There were no conditions imposed
when the Tigard City Council adopted the master plan for this site. This criterion is not
applicable.
THIS REQUEST HAS BEEN APPROVED. PLEASE SUBMIT A COPY OF THIS LETTER WITH
YOUR PROPOSED MODIFICATIONS TO THE BUILDING DEPARTMENT.
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.
If you need additional information or have any questions, please feel free to call me at
(503) 639-4171 ext. 2434.
Sincerely,
Brad Kilby
Associate Planner
c: 2002 Planning Correspondence file
MMD2002-00030 Land Use file
Page 2 of 2
APPLICANT
MATERIALS
MINOR MODIFICATION
Ti■ TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION n /
Property Address/Location(s): lti-d�D ILL
FOR STAFF USE ONLY
Tax Map &Tax Lot#(s):
74Y l'a t 2 /C 2 a 00 600
Site Size: ,(2..8,.9c•,zfs- Case No.(s): ((1 C ,S) d ;0330
rr
Applicant*: C;. 1' l lsazp par/- - Other Case No.(s):
Address: 13);-),5---
S w ,r?( // A/L*0• Receipt No.: 1.1/A
City/State: 1(./a 2O 0(2 Zip: 9?c"-3 Application Accepted By: 4M r
Primary Contact: '(fc.)(.. P9/9 gf2-7in) Date: tl/S/ C a
Phone: 5(.12.3 7/ $ ' ,;`fig Fax: 2/8-�`/O I
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: I(I s/02
' 7/2-0 Pa i.5 9- /'/Qciev oK...'y Rev.7/22/2002 is\curpin\masters\revised\minormod.mst
Address: 600 /Dt_ G€.� $D fed. Phone:
City/State: ;/"D(I /a,$)D / e.)/L- Zip: !7v2 3 Z
REQUIRED SUBMITTAL ELEMENTS
* When the owner and the applicant are different people, the applicant (Note: applications will not be accepted
must be the purchaser of record or a lessee in possession with written without the required submittal elements)
authorization from the owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. Application Form
PROPOSAL SUMMARY wner's Signature/Written Authorization
The owners of record of the subject property request permission for a Title Transfer Instrument or Deed
Minor Modification. To review a modification as a Minor
Modification, the Director must first find that the expansion does not Site Development Plan (3 copies)
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification [/ Site/Plot Plan (reduced 8'/2"x 11")
exceeds the maximum allowed under any one or more of the �A Applicant's Statement (3 copies)
following criteria, a Major Modification review is required. Major pP ( P )
Modifications are processed in the same manner as a new Site (Addressing Criteria Under Section 18.360.050(B)
Development Review. In a separate letter, please address the Filing Fee $435.00
criteria below contained in Section 18.360.050(B) including a detailed
response to each criteria.
I. An Increase in dwelling unit density or lot coverage for residential development. In addition, the Director must find that the
2. A change in the ratio or number of different types of dwelling units. proposed change complies with the underlying
3. A change that requires additional on-site parking in accordance with Chapter 18.165. standards of the applicable zoning district. To
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. complete this review, the Applicant's proposal
5. An increase in the height of the building(s) by more than 20%. must include a discussion indicating how the
6. A change in the type and location of accessways and parking areas where off-site traffic would be site expansion will continue to comply with the
affected. minimum setback, building height, parking land
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 landscaping standards. Other applicable
vehicles per day. requirements such as minimum Clear Vision
8. An increase in the floor area proposed for a non-residential use by more than 10% excluding areas near driveways and street intersections
expansions under 5,000 square feet. may also be applicable depending on where
9. A reduction in the area reserved for common open space and/or usable open space that reduces the the building expansion is proposed to be
open space area below the minimum required by this code or reduces the open space area by more constructed on the site.
than ten percent.
10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below
the minimum established by this code or by more than 10% where specified in the site plan.
I I. A modification to the conditions imposed at the time of Site Development Review approval that are not
the subject of Criteria I through 10 above.
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements" box.
(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 plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
� day of Ak , 20�
DATED this L y
5:; !h 7 .ri c4I 4imepir
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
PROPOSAL SUMMARY
Response to Criteria under Section 18.360.050(B)
1. No increase in dwelling density.
2. No change in dwelling ratio or number.
3. No additional on-site parking.
4. No change in type of industrial structure.
5. No increase in building height.
6. No change in type and location of accessways and parking.
7. No increase in vehicular traffic.
8. Floor area under 5,000 sq. ft. for shelter.
9. No reduction in area for common open space.
10. No reduction in project amenities.
11 . No modification to conditions imposed at the time of Site Development
Review.
The playground consists of two parts to replace the large old wooden
structure in the lower park.. That structure will be removed upon
completion of the new structure.
The shelter is a small 16 foot hexagon (under 300 sq. ft.) designed to fit 1 or
2 picnic tables. The floor under the shelter is proposed to be concrete under
the eaves.
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1. Proposed location of new shelter.
2. Proposed location of playground.
3. Location of existing playground to be removed.
Existing asphalt trail.
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052298
EXHIBIT "A"
to Resolution 99-2816
INTERGOVERNMENTAL AGREEMENT
Woodard Park/Lowery Property
This Intergovernmental Agreement ("Agreement")dated this of u_ ,
1999, is by and between Metro, a metropolitan service district organized under the laws of the
state of Oregon and the 1992 Metro Charter, located at 600 Northeast Grand Avenue, Portland,
Oregon, 97232-2736 ("Metro"), and the City of Tigard, located at 13125 S.W. Hall Boulevard,
Tigard, Oregon 97223 ("the City").
WITNESSETH:
WHEREAS,on May 16, 1995, voters approved Ballot Measure 26-26,Open Spaces,Parks,
and Streams, authorizing Metro, a metropolitan service district organized under the laws of the State
of Oregon and the 1992 Metro Charter, to issue up to 5135.6 million in general obligation bonds for
the protection of open spaces,parks and streams("Metro Open Spaces Bond Measure"); and
WHEREAS, the Fanno Creek Greenway was identified as a regionally significant open
space in the Metro Greenspaces Master Plan, and the Fanno Creek Greenway Target Area was
subsequently established pursuant to the Metro Open Spaces Bond Measure; and
WHEREAS, pursuant to the Metro Open Spaces Bond Measure, Metro acquired real
property from the Lowery family, located within the Fanno Creek Greenway Target Area, along
Fanno Creek at 10270 SW Katherine Street, commonly known as Tax Lot 00600, Township 2
South, Range 1 West, Section 2BB, in the City of Tigard, County of Washington, State of
Oregon, and more particularly described in Exhibit A attached hereto and incorporated herein
(the"Lowery Property"); and
WHEREAS, on June 9, 1997, Metro purchased the Lowery Property with proceeds from
the Metro Open Spaces Bond Measure to preserve it as open space in accordance with the
measure; and
WHEREAS, the City wishes to operate, manage, and maintain a portion of the Lowery
Property, as described in Exhibit A-1 attached and incorporated herein (hereinafter, the
"Property"), which excludes the Lowery house, garage, and access drive, which shall remain
Metro's responsibility; and
WHEREAS, on March 2, 1999, the City passed Resolution 99-13 adopting the Woodard
Park Concept Plan, attached hereto as Exhibit B and incorporated herein;
WHEREAS, Metro and the City wish to preserve the Property as open space, provide for
passive recreation, and provide for improved wetland habitat, in accordance with the Woodard
Page I —Woodard Park/Lowery Property IGA
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052298
Park Concept Plan, the Metro Open Spaces Bond Measure, and the Metro Greenspaces Master
Plan;
WHEREAS, the Oregon Department of Transportation ("ODOT") by letter, dated April
21, 1999,proposed to implement a wetlands mitigation plan on the Property, to improve Fanno
Creek's wetland vegetation and riparian habitat;
WHEREAS, on M A 2G h Z ,1999, the City Council authorized the City to enter
into this Agreement and to manage, operate and maintain the Properly in accordance with the
terms set forth in this Agreement;
WHEREAS, on J t.l l z ,1999, the Metro Council authorized Metro to enter
into this Agreement to provide for transfer of management responsibility for the Property in
accordance with the terms set forth in this Agreement; and
•
WHEREAS, Metro and the City wish to enter into this Agreement to provide for the
responsibilities and obligations of the parties with respect to the acquisition, allowable uses,
maintenance and operation of the Property;
NOW, THEREFORE, the parties agree as follows:
A. Management. Maintenance, and Operation
1. The City shall be responsible for the ongoing management, maintenance, and operation of
the Property in accordance with the terms of this Agreement.
2. The Property shall be managed, maintained and operated in accordance and in a manner
consistent with this Agreement, Metro's Greenspaces Master Plan, the Metro Open Spaces
Bond Measure, the Woodard Park Concept Plan, and ODOT's Conceptual Wetlands
Mitigation Plan (collectively, "the Plans"). These Plans shall constitute the Resource
Protection Plans for the Property, as described in the Metro Greenspaces Master Plan. In
case of conflict among Plans, the Plan affording the highest level of resource protection shall
govern.
3. If Metro executes an agreement to purchase additional property within the Fanno Creek
Greenway Target Area which Metro would like the City to manage under the terms of this
Agreement, Metro shall notify the City in writing in the form attached hereto as Exhibit C
("Notice of Acquisition"). The City shall notify Metro if the City does not wish to accept
management responsibilities for that additional property in accordance with this Agreement,
using the City's best efforts to make this notification prior to the closing date for the
acquisition. If the City has not so notified Metro within thirty(30) days of receiving Metro's
Notice of Acquisition, then the City shall be deemed to have accepted the additional property
for management, maintenance and operation responsibilities in accordance with the terms
and conditions of this Agreement.
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4. Metro grants to the City, its agents and contractors, the right to enter the Property for the
purpose of performing all activities reasonably necessary for the management,maintenance
and operation of the Property under the Plans.
5. The term of the City's management, maintenance, and operation responsibilities for the
Property shall be twenty(20)years from the date of this Agreement. This Agreement shall
renew automatically for an additional ten-year term,unless earlier terminated under Section
E(4-5),or unless either party provides notice of intent not to renew prior to the expiration of
the current term.
C. Limitations on Use
1. The Property shall be managed,maintained and operated in accordance with its intended use
as natural area open space,with the primary goal being protection of the Property's natural
resources, enhancement and protection of wildlife habitat, and public recreation consistent
with the foregoing.
2. The Property may be used by the public, in the City's discretion, for preservation,restoration
and enhancement of riparian vegetation and wildlife habitat,passive recreation,pedestrian
activity, and non-motorized bicycle use. The City shall give Metro ninety(90)days' advance
written notice of its intent to construct any improvements,trails,or alteration of water or
timber resources on the Property. Such notice shall demonstrate,to Metro's sole satisfaction,
consistency with Metro's Greenspaces Master Plan and the City's Woodard Park Concept
Plan. Metro shall have the right to approve of the items contained in the notice,which
approval shall not be unreasonably withheld. In any event,no improvements or trails shall
be constructed on the Property and no alteration of water or timber resources shall occur that
are inconsistent with this Agreement or with the Plans.
The City's Woodard Park Concept Plan provides for a proposed ODOT wetlands mitigation
project, further described in ODOT's Conceptual Wetlands Mitigation Plan, attached hereto
and incorporated herein as Exhibit D. In exchange for ODOT wetlands enhancement
performed pursuant to the Conceptual Mitigation Plan,ODOT requires a perpetual wetlands
mitigation easement over that portion of the Property enhanced for mitigation. The terms of
the wetlands mitigation shall be subject to Metro approval.
3. Metro shall have the right to review and comment on any changes in the Plans relating to the
management, maintenance,or operation of the Property. Any changes in the Plans made or
proposed by the City that relate to management, maintenance,or operation of the Property
shall not conflict with the guidelines set forth in this Agreement, in Metro's Greenspaces
Master Plan,or with the uses and restrictions described in the Metro Open Spaces Bond
Measure. The City shall give Metro written notice as soon as possible,but in no event less
than 90 days, in advance of a proposal to amend the City's Plans,where such amendment
would alter the City's management, maintenance or operation of the Property.
4. The Property shall not be subdivided or partitioned, nor shall any development rights,timber -
rights, mineral rights,or other rights related to the Property be sold or otherwise granted,nor
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shall there be any alteration of any water or timber resource, except as necessary for
construction of trail or other improvements, for the purpose of enhancing wetlands and
improving resource values,or as necessary to protect public safety.
5. Metro has implemented the following stabilization and security measures prior to executing
this Agreement. On the date of this Agreement, the City shall assume all continuing
maintenance obligations for these measures:
• Mowing the upland portion of the Property;
• Controlling access to the Property through gates and fencing, to prevent unauthorized use
and illegal dumping; and
• Managing"danger trees,"to prevent damage to surrounding property.
6. The City shall maintain security of the Property, and shall provide additional fencing,gates,
signage, and other measures as the City may deem necessary to increase safety on the
Property, and to preserve and protect the Property's natural resources.
D. Permits. Easements. Assessments, Coordination with Other Public Agencies
1. As stated in Metro's Greenspaces Master Plan,by accepting management responsibility for
the Property,the City agrees to be responsible for funding the operation and maintenance of
the Property with the City's own resources. The City's management responsibility shall
include responsibility for all taxes or assessments for the Property.
2. The City shall be responsible for obtaining any permits necessary for management,
maintenance or operation of the Property.
3. Any permits granted by the City to users of the Property shall comply with the terms and
limitations set forth in this Agreement and in the Plans.
4. The City shall be responsible for contacting and coordinating with other local or state
agencies regarding any management,maintenance or operation issues that may arise with
respect to the Property.
5. All future requests for easements,rights of way, and leases on or affecting the Property shall
be submitted to Metro in accordance with the Metro Easement Policy, Resolution No. 97-
2539B,passed by the Metro Council on November 6, 1997, attached hereto as Exhibit E.
E. General Provisions
1. Indemnification. The City, to the maximum extent permitted by law and subject to the
Oregon Tort Claims Act, ORS Chapter 30,shall defend, indemnify and save harmless Metro,
its officers,employees, and agents from and against any and all liabilities,damages,claims,
demands,judgments, losses, costs,expenses, fines,suits, and actions, whether arising in tort,
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contract, or by operation of any statute, including but not limited to attorneys' fees and
expenses at trial and on appeal, relating to or resulting from the management, maintenance or
operation of the Property, including but not limited to construction of trails or in relation to
any other improvement on the Property.
2. Oregon Constitution and Tax Exempt Bond Covenants. The source of funds for the
acquisition of the Property is from the sale of voter-approved general obligation bonds that
are to be paid from ad valorem property taxes exempt from the limitations of Article XI,
section 11(b), 11(c), 11(d) and 11(e)of the Oregon Constitution, and the interest paid by
Metro to bond holders is currently exempt from federal and Oregon income taxes. The City
covenants that it will take no actions that would cause Metro to be unable to maintain the
current status of the real property taxes as exempt from Oregon's constitutional limitations or
the income tax exempt status of the bond interest. In the event the City breaches this
covenant, Metro shall be entitled to whatever remedies are available to either cure the default
or to compensate Metro for any loss it may suffer as a result thereof.
3. Funding Declaration and Signs. The City may provide on-site signs informing the public that
the City is managing the site. Metro will provide on-site signs which shall be installed by the
City, stating that funding for the acquisition came from Metro's Open Spaces Bond Measure
proceeds. The City shall also document in any publication, media presentation or other
presentations, that funding for the acquisition came from Metro's Open Spaces Bond
Measure proceeds. All signs will be consistent with Metro guidelines for Open Spaces
Projects.
4. Joint Termination for Convenience. Metro and the City may jointly terminate all or part of this
Agreement based upon a determination that such action is in the public interest. Termination
under this provision shall be effective upon ten(10)days written notice of termination issued by
Metro, subject to the mutual written agreement of the parties.
5. Termination for Cause, Either party may terminate this Agreement in full,or in part, at any time
before the date of completion,whenever that party determines,in its sole discretion,that the
party has failed to comply with the conditions of this Agreement and is therefore in default. The
terminating party shall promptly notify the other party in writing of that determination and
document such default as outlined herein. The other party shall have thirty(30)days to cure the
problem. Notwithstanding any termination for cause,both parties shall be entitled to receive
payments for any work completed or for which that party is contractually obligated for,which
completion or contractual obligation occurred prior to the effective date of the termination,
provided that no party shall be obligated to make any payment except for work specifically
provided for in this Agreement.
6. Law of Oregon. This Agreement shall be governed by the laws of the state of Oregon, and
the parties agree to submit to the jurisdiction of the courts of the state of.Oregon. All
applicable provisions of ORS chapters 187 and 279, and all other terms and conditions
necessary to be inserted into public contracts in the state of Oregon, are hereby incorporated
as if such provisions were a part of this Agreement, including but not limited to ORS 279.015
to 279.320.
Page 5—Woodard Park/Lowery Property IGA
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OGC/JM/sm/kaj 06/23/99
052298
7. Notices. All notices or other communications required or permitted under this Agreement
shall be in writing, and shall be personally delivered (including by means of professional
messenger service) or sent by fax and regular mail.
To Metro: Metro
Charzes-Gi-eeko
Director,Metro Regional Parks and Greenspaces
600 N.E. Grand Avenue
Portland, OR 97232-2736
•
To City: City of Tigard
Community Development Director
13125 S.W. Hall Boulevard
Tigard, OR 97204
8. Assignment. The parties may not assign any of its rights or responsibilities under this
Agreement without prior written consent from the other party, except the parties may
delegate or subcontract for performance of any of its responsibilities under this Agreement.
9. Severability. If any covenant or provision in this Agreement shall be adjudged void, such
adjudication shall not affect the validity, obligation, or performance of any other covenant or
provision which in itself is valid, if such remainder would then continue to conform with the
terms and requirements of applicable law and the intent of this Agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties and
supersedes any prior oral or written agreements or representations relating to the Property.
No waiver, consent, modification or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year set
forth above.
CITY OF T GARD METRO
By: � I/ � By: A
_ -,
Tit/ ayor, City •f Tigard 'dike B on, Executive Officer
Exhibits:
Exhibit A- Legal Description
Exhibit B-Woodard Park Concept Plan
Exhibit C-Form of Notice of Acquisition
Exhibit D-ODOT Wetland Mitigation Project Plans and Easement
Exhibit E-Metro Easement Policy and Metro Resolution No.97-2539B
Page 6—Woodard Park/Lowery Property IGA
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