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MMD2012-00020 NOTICE OF TYPE I DECISION • MINOR MODIFICATION (MMD) 2012 -00020 BLITZ SPORTS PUB SMOKING SHELTERS T I GA RD 120 DAYS = 01 -11 -2013 SECTION I. APPLICATION SUMMARY FILE NAME: Blitz Sports Pub Smoking Shelters CASE NO.: Minor Modification (MMD) MMD2012 -00020 PROPOSAL: The proposal is to remove 720 square feet of landscaping and install a gravel surface with two 12X14 foot smoking shelter structures. APPLICANT: Rich Grimes /WDC 10935 SW 68 Pkwy Tigard, OR 97223 OWNER: Way W. Lee Cenera Company, Inc. 5210 SE 26 Ave. Portland, OR 97202 LOCATION: 10935 SW 68 Pkwy., WCTM 1S136AD, Tax Lot 06502. ZONING DESIGNATION: C -G: General Commercial District. The C -G zoning district is designed to accommodate a full range of retail, office and civic uses with a city -wide and even regional trade area. Except where non - conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.360.C. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. MMD2012 -00020 Blitz Sports Pub Smoking Shelters Decision 092412 Page 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at the intersection of Pacific Highway and 68 Avenue. The addition of rain covers to a graveled smoking area requires land use review. Setbacks are in compliance, and the loss of landscaped area has not reduced the required landscaping below the minimum required in the development code. Proposal Description: The proposal is to remove 720 square feet of landscaping and install a gravel surface with two 12X14 foot smoking shelter structures. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states that a minor modification shall be approved, approved with conditions or denied following the Director's review and as follows: 1. The proposed development is in compliance with all applicable requirements of this title; and FINDING: Upon review of the proposal's plans and narrative, staff finds that all applicable requirements of this title are satisfied. This criterion is met. 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in TDC18.360.050.B.1 -11 are either satisfied or do not apply. Therefore, the proposed development is not a major modification. This criterion is met. .CONCLUSION: The proposal is in compliance with the applicable requirements of this title and it is a minor modification of a site development. 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 SEPTEMBER 24, 2012 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2012. MMD2012 -00020 Blitz Sports Pub Smoking Shelters Decision 092412 Page 2 Questions: If you have any questions, please contact Hap Watkins at (503)718 -2440 or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. /�/ September 24, 2012 APPROVED BY: Darrel "Hap" Watkins DATE Livability Compliance Specialist hap @,tigard - or.gov MMD2012 -00020 Blitz Sports Pub Smoking Shelters Decision 092412 Page 3 RECEI VED City o Tigard SEP 1 p 2012 1111 � f g lE, Mi nor M — Type I A lie N i N N D 4 Y , • - � EERIPJ GENERAL INFORMATION In additin, the Director trust Find that the proposed ` 1 Property Address /Location(s): 1 1 �u.` �D� p c �• change is in compliance with all applicable requirements of � lisle 18 of the 'ligard Development Co ok. To complete pD � this review, the applicant's proposal must include a Lot Map & Tax ot #(s): 11 (p Jr62 discussion indicating how the site expansion /change will continue to comply with the maximum setback, building Siw Size: c Oct p�- height, parking, and landscaping standards. Other • �— requirements of this title such as clear vision, solid waste Applicant*: xt �p1 .1 ! 4 % — storage, non- contornung situations, signs, and tree Address: _\$,S 1V+c` retnoval may also be applicable depending on the type and City /State: alit- _ Zip: ci:1- location of the proposed modifications. Primary Contact: it;,►V . 6 phune: 104 O164 Fax: `m* a...', -254 1? -Mail: rwvA..9 0 Vi.V01 t era ets4.V.c Property Owner / 1)eed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Anacb list if more than one) 4/f Le .E 419128641 COI" _ (Applications will mu be Accepted without the � ,,rjo E Z M 41.2 Phone. ( following required submittal ekments) address: ,p r� City /State: l r/Lk ul IX __. -- Zip: 4 IZt¢Z- ❑ Application Form ❑ (uner's Signature /Written Authorization ' %% the owner and the applicant are different people, the ❑ 'Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ❑ Site Plan (4 Large Plans & One - Reduced to x'._" x 11 ") possession with written authorization front the owner or an agent of the owner. '13he owner(s) roust sign this application 1:1 Applicant s Statement/Narrative (4 copies) in the space provided on the back of this form or submit a 7 Filing 1'ee $599.00 written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. 'l'o review a modification as a Minor Modification, the 1irector trust fast find that the expansion FOR ST FF USE ONLY or change dons not invoke one or more of the criteria a discussed within Section 18.360.050(13) - Site Development Case lVo. {s): 1"1 I►l O a D! �_� D q Qom? Review or Section 18.330.020(13)(2) -- Conditional Use. if the xlitication exceeds the maximum allowed under any one or Other Case No.(s): `� 1�C a (t t oZ - rxia 4 4, mo more of the criteria, a Major Modification review is required. 1 0 305 Major Modifications are processed in the same manner as a Receipt No.: new Site Development Review or Conditional Use Permit. Darr: al - 10 -) A Leant'. Statement: Application Accepted By: Chi /GAG /!?LS _ pp Date Determined Complete: 9' -I 3 -/j The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(13) or k......+ „t.u. 18.330.020(B)(2) MUSS he addressed with a detailed response nuK. » 1t +n,) use aty.ir m .. iifK ��rMI 4111 RI., ` .. to each criterion. Failure to provide the infonnatio n needed to process the application would be reason to consider an application incomplete and delay teview of the proposal. (;it 4)1 1 13125 SW 1 fall Blvd., Tigard, ()R 'P2 2 3 f 503 - 718 -2421 1 www.tigard- or.g 1 Page 1 of 2 7;a w / *34 4 ra 0,°a k. 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. • 11 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. o All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, arc taste; and the applicants so acknowledge that anv 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 rcgnlremei is for approving or denying the application. SIGNATURES of each owner of the subject property. D.1'FED this 4ri day of 2(1 /r Owner's tgmaturc J eSt1NI j Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard and I ��13125 SW Hall 131vd., Tigard, Olt 97223 1 503 -639 -1171 1 www.tigard- or.gov 1 Page 2 of 2 CITY OF TIGARD RECEIPT I . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 188305 - 09/10/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2012 -00020 Minor Modification to an Approved Plan - 100 -0000 -43117 $81.00 LRP MMD2012 -00020 Minor Modification to an Approved Plan 100 -0000 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 10941 CCAINES 09/10/2012 $627.00 Payor: Madden Group LLC DBA Blitz Sports Pubs Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 With regard to the proposed "Minor Modification" to 10935 SW 68 Parkway, the following is a detailed response to the criteria contained in Section 18.360.050: 1. There is not an increase in unit density or lot coverage as this is not a residential development. 2. There is no change in ratio or types of dwelling units as this is not a residential development. 3. There is not an increase in floor area that would trigger an increase in on -site parking in accordance with Chapter 18.765. 4. There will be no change in the type of commercial or industrial structure as defined by UBC. 5. There will be no increase in the height of the building. 6. There is no change in the type or location of access ways and parking areas where off -site traffic would be affected. 7. There will be no increase in vehicular traffic to or from the site. 8. There will not be an increase in floor area. 9. The will not be a reduction in the area reserved for common area or open space. 10. There will not be a reduction in project amenities below the minimum established by code or by more than 10% as specified on the site plan. 11 .R e ,,,,y� o 1 , , 1 v .,.._ e . 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