MMD2006-00009 MMD2OO6 - 00009
BALLROOM DANCE
STUDIO
August 18,2006
CITY OF TIGARD
Jiim Andrews OREGON
coli Eng' eenng,Inc.
PO Box 23784
Tigard,OR 97281
RE: Minor Modification Request, Case File No.MMD2006-00009
Dear Mr.Andrews:
This letter is in response to your letter to the City,dated August 4,2006,requesting a minor modification
determination for the Ball Room Dance Studio proposal,located at 8900 SW Commercial Street,WCTM
2S102AA,Tax Lot 04700. The following analysis shows that the proposed development is a minor modification
and is hereby approved,with conditions of approval.
Analysis of Modification Request:
Section 18.360.060 of the Tigard Development Code Site Development Review chapter,states;"any modification
which is not within the descnption of a major modification as provided in section 18-.360.050 shall be considered a
minor modification."
Section 18360.050 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 existing
use is commercial in the CBD zone. The propposal is to improve the building for another commercial
use. The proposal does not involve residential-development.
2. A change in the ratio or number of different types of dwelling units. This proposal does not
involve residential development.
3. A change that requires additional on-site parking in accordance with Chapter 18.765. The
proposed and previous uses are categorized as indoor entertainment. The revious use required 49
parking spaces (VAR95-0014) of which 27 were provided on site and the balance obtained through
agreement with property owners within 300 feet of the subject property.The current code requires 43
Sparking spaces/1,000 square feet of floor area, or 59 spaces for the 13,734 square foot building. The
ite Plan submitted with the application shows 28 parking spaces: four in back, twenty-two in front,
and two ADA spaces at the entrance. The applicant states that the remaining spaces have been
obtained with a joint parking agreement with adjacent property owners and that additional parking
agreements are currently being negotiated with o Humphries and The Frame Shop. The
applicant notes that the property is located next to the transit center and estimates 15% of the
ballroom's clientele will usebus transportation to reach the site.
The previous use required a minimum of three bicycle rack parking spaces, which exist on site.
Current code requires .5 spaces/1,000 square feet,or six spaces.
Because no additional parking spaces can be accommodated on site, but can be accommodated off-
site within 500 feet,the proposal does not meet the threshold for additional on-site parking.However,
the applicant shall provide the City with a copy of the joint parking agreement(s) for the required off-
site parking and shall provide additional on-site bicycle parking such that six rack spaces are available.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. The changes proposed to the commercial structure are cosmetic and not structural.
The applicant has not proposed to change the type of commercial structure and would not be
required to under the current building code.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 - - -
.
5. An increase in the height of the building(s) by more than 20 percent. No change to the height of
the building is proposed
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected. The applicant does not propose to change the type or location of accessways or
parking areas.
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day. The applicant states that the anticipated vehicular traffic will not
exceed 70 vehicle trips per day in total.
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. No increase in the floor area is proposed.
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 site's existing condition does not include any common
open space or useable 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. Table 18.520.2, Commercial Development Standards, requires a minimum
landscaped area of 15% and a maximum site coverage (includ' all buildings and impervious surface)
of 85%. In a letter to the file for VAR1995-00014, Matt Mcy, Project Manager with Oregon
DEQ, describes maintenance of an asphalt cap over the entire site to mitigate for previous pesticide
contamination. The requested and approved variance to the minimum landscape standards was in
response to this site condition. The applicant does not propose any reduction of open space in
conjunction with the internal improvements of the building. The applicant proposed seven five-foot
square planter boxes (a total of�5 square feet) distributed on the east and south sides of the building.
In addition, the applicant states that the existing arborvitae hedge on the south property line will be
maintained.The improvement increases the landscaped area of the site.
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. VARI995-00016 includes five
conditions of approval Each condition has been addressed in the above criteria.
THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE
SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION.
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 or injurious to surrounding properties provided that,development which
occurs after this decision complies with all applicable local, state, and federal laws and the following condition of
approval:
CONDITION:
Prior to final inspection approval,the applicant shall provide the City with a copy of the joint parking
agreement(s) for the required off-site parking and shall provide additional on-site bicycle parking such
that six rack spaces are available.
If you have any questions,please feel free to call me at 503-639-4171 ext.2434.
Sincerely, epi •
Gary Pagenstecher
Associate Planner
August 18,2006 2
Minor Modification Request,MMD2006-00009
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PARKING AGREEMENT
The Ballroom Dance Company is proposing to relocate to the facility formerly occupied
by Hit& Run Paintball located at 8900 SW Commercial Street,Tigard,Oregon,which will be
owned by Ballroom LLC. To meet with the City of Tigard's parking requirements, additional
off-site parking spaces are required. The Ballroom Dance Company/Ballroom LLC requests the
use of your parking facilities during hours when your business is not in operation so as to meet
city parking requirements. If you consent to use of your parking facilities,this is to confirm that:
1. The Ballroom Dance Company and Ballroom LLC will defend and hold you
harmless from all claims of our patrons using your parking facility;
2. We will check your parking lot each evening after it is used to assure that no
debris has been left by our patrons and will remove anything that might be left by them;
3. We will advertise at our facility that you have kindly allowed parking on your lot
and we will urge our patrons to patronize your business; and
4. We will use your parking facility during evening hours only when your business
is not in operation.
Thank you for your assistance. Please indicate your consent below.
TFIE BALLROOM DANE COMPANY
BALLROOM LLC
fit. ) /
Jim Page
Authorized Representtitive
Number of parking spaces available for use: 2.
Address: Z 236 �
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Print Date
06/07/2007 16:04 5036929292 ROBERT GRAY PARTNERS PAGE 02
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PARKING AGREEMENT
Ballroom Dance Company is proposing to relocate to the previous Hit & Run Paintball
facility, located at 8900 SW Commercial Street, Tigard, Oregon. To meet the City of
Tigard's parking requirements, additional offsite parking spaces will be required.
Ballroom Dance Company is requesting the use of your parking facility to meet the
City's requirements. Please complete and sign the form below to indicate the
availability of spaces at your place of business.
******.**:*.*.**..*f***w.****************************************kt***********•
Business Name
t 4 , )//)
Address
Number of parking spaces available for use:
Days & Hours of availability: L--1,41/it.L..t t/?
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Signature / Title
/e'OO/ l v AiLtst-/ 2 Z_ C 6.;
Print Name Date
JCV-05W 14 Ballroom Dane Studio-P1arWnglLetten\PM,ing egr* rnant docPape t d 1
PARKING AGREEMENT
The Ballroom Dance Company is proposing to relocate to the facility formerly occupied
by Hit& Run Paintbatl located at 8900 SW Commercial Street,Tigard,Oregon, which will be
owned by Ballroom LLC. To meet with the City of Tigard's parking requirements, additional
off-site parking spaces are required. The Ballroom Dance Company/Ballroom LLC requests the
use of your parking facilities during hours when your business is not in operation so as to meet
city parking requirements. If you consent to use of your parking facilities,this is to confirm that:
1. The Ballroom Dance Company and Ballroom LLC will defend and hold you
harmless from all claims of our patrons using your parking facility;
2. We will check your parking lot each evening after it is used to assure that no
debris has been left by our patrons and will remove anything that might be left by them;
3. We will advertise at our facility that you have kindly allowed parking on your lot
and we will urge our patrons to patronize your business; and
4. We will use your parking facility during evening hours only when your business
is not in operation.
Thank you for your assistance. Please indicate your consent below.
TIM.BALLROOM D• ,CE COMPA Y
BALLROOM LLC
Jim Page
Authorized Represe ative .!
Number of parking spaces available for use: --- I t
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Address:
S-5 J -01/14AAA—e,t_aj°Z--i
Days&Hours of availability: l/)C.('� - e S,'o t..-1
OWNER:
Signature Title
zA_17 (c0 Ui 2 —6 c
Print Name Date
:Ni BY NICOLI ENGINL RLNG; SU:f bb4 jtljts; Auj•a•UO 4:11grM; taut Lila
I
'
Er MINOR MODIFICATION •
TYPE I APPLICATION
Oty cf Thad Parris f„c,srer• 13125 SP/Hall Bltd, ?'r8nr.1 OR 97223
Pbetzt 503.639.4171 faux: 503.598.1960
GENERAL INFORMATION
Property Address/Location(s): P ci o _�.1.1 , GD N1Mji- - -
FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): 2.6 t f 2•_,►t. q 7 D v
Erse No* li1,,1;;O1LiX 1 -dot,(j
Site Sire:
Other Casa No.(5): NZ-t_t.tt .000 S-c)
Applicant'°: .. • ■ t o' - - - Receipt No.. 3-03 is I J O
Address: C2,d. 2319 4
Applcatiou Accepted 13y. ry}(-2
wry/St.,te: ti boAt2X
a Zip: .....q1 .f .l. __..
. !Date; 7 k
Primary Cnnrart J I M � H 1:11,M.1.44 -
Phone: �03 •b2U' 20 f,, Fws: 54:; $4' 3�itii
Trope u
Owrr/ ed Holder(s)": lint if mars than one) Date Determined Complete:
��tY Re..7/5/0i.
.•\ttirytn\QWVn\lsod-[arptw. \mono rronicPuonipp4et
Address: r.U. 6o,( S''&3 Phone: p3-as-z-,7773 •
Gry/State: G02.t. 1-0-e.4 l Dsk, Zip: 97 i I 1 __V,.._ ,
• V se s the owner and the appluant are different people, the applicant must be the f Q RED$IJ hu'ZTAL.ELEMENTS
I wpurchaser of record or a lessee in possession with<written authorization from the owner (Note: applications ill DQS be accepted
or an agent of the owner, The ownee(s) must sign this application in the space provided without the re grimed submittal elements)
on the back of this form or submit a written authorization with this application.
['IIOI'OSAL�1MpijAgy I t Application Form
15,c oamcrn of record of the subject property request petmissiun for a Minor QvmersSignarw /Writtev.Authorization
Modificadon. To review a modification as a Motor Modification, the Director must
first find that the expansion does not involee one or more of the 11 criteria discussed Tide Transfer Instrument or Deed 4
within Sectiun L8360.050(13) of the Tigard Develnpracnt Code, If the modification �
exceeds the n aximwn allnwcd under any nnc or more of the following criteria,i l�/ ire Development Plan(3 copies)
Maier Modifi ataon review is required. Major MntliFcarions arc processed in the
same manner as a new Site Development Review, In a separate letter, pleue rte/Plot Plan(reduced 81h"x 11••)
address the criteria below contained in Section 18.360.050(8) including a derailed [ Altpli. .ui's Sutastenl(3 t upica)
response to each criteria.
(Addressing Grump Under Section t5.]60A50(k)
1 An Increase in dwelling unit densiry or lot coverage for residential development, Er piling Fee 5562.00
2. A change in the ratio or number of different rypes of dwelling units.
3. A change thus requires additional un•site parking in accordance with Chapter - -- -. .. --
18.765.
4. A change in the type of comntercul or industrial stnncew'es as defined by the In addition,the Director must find that the proposed
Uniform Building Code. change complies with the underlying standards of the
S. An increase lo the height of the building(s)by store than 20 0/ei. applicable zoning district. To complete this review,
6 A change in the type and location of accessways and puking areas where cff•site the Applicant's proposal must include a discussion
traffic would be affected, indicating how the site expansion will continue to
7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height,
to exceed 100 vehicles per day, parking land landscaping standards. Other
8. M increase in the floor area proposed for a non•residetuial use by more chart applicable rt:gwrecncnu such as minimum Clear
10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections
9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on when the
space that reduces the open space area below the minimum required by this bui,efing expansion is proposed to he constructed on
code or reduces the open space area by more than ten percent. the site.
10, A reduction of project arncrsnies (recreational facilities, screening, and/or,
landscaping provtsious) below the nwurnurn established by this code or by more
than 10%where specified to the site plan,
i I. A modification to the conditions imposed at the time of Sire Development
Review approval that are not the subject of Criteria 1 thruugh 10 above,
Z0'd ZS:ST 9002 2 End 229TZ8920S:XP.d 00 NI>1131r1 39 iO.d
Ni t bT : NILUL1 tNla1NtttiiNUi BUJ oa" JOJO; NVU'4'UD o. lerM, rwuc aia
APPLICANTS:
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described ort
the front of this application in the"Required Submittal Ekmenu"box.
(petalled Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications,)
To t3eyr cc F'i`r (r�+aW�>i✓na�
THE APPLICANT(S)SI-CALL CERTIFY5HHAT:
• The aboHC n'QUCSt does •n t violate an ult y deed res 'off that mil be attaclienl(o or unposed upon the suhicctgrropeny.
• If the application i;granted,the applicant w11 cxt:rcisc the right granted in acturdarce with the teems arrl subja:t lu all the conditions and
limitations of the approval
•
All of the above stocemeUts asul the ataterrrna in the plot plan,attachments,and exhibits transmirred herewith,are sue;and the applicants
so i:knuw{tdge that any permit issued,based ou this applicadon,and maybe rtvokrd if it is found that any such statements are false.
• The applicant has recd the entire contents of the application, including the policies and criteria, and understands the rrquirements for
approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this '1 dayaf ,20 c7ca
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
20'd ZS:ST 900 2 2 End 2291Z8920S:Xe3 00 NI)1-131s1 39e10J
CITY OF TIGARD 8/9/2006
13125 SW Ha11 Blvd. 11:03:18AM
Tigard,Oregon 97223
TIGARD (503)639-4171
Receipt #: 27200600000000004004
Date: 08/09/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD2006-00009 [LANDUS] Minor Modification 100-0000-438000 490.00
MMD2006-00009 [LRPF]LR Planning Surcharge 100-0000-438050 72.00
Line Item Total: $562.00
Payments:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check NICOLI ENGINEEERING INC KJP 13252 In Person 562.00
Payment Total: $562.00
cReceipt.rpt Page 1 of 1
NicoIi Enjineering , Inc. fc ,IL eh ° �
1,
,f2
PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636
LETTER OF TRANSMITTAL DATE 5,�r V�/ JOBNO.blr,0313
ATTENTION V
_-- ('lA -r PA r-1 STecH r✓R-
RE
TO 61 ' o F T 1�
I bo
T- ".1.1-t2Cot-t tAL-kcasructa
' t111-012 NioDiFtcd1-IbN
APPLALATIal..4
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via The following items:
❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples n Specifications
❑ Copy of Letter ❑ Change Order ❑ Other:
COPIES DATE NO. DESCRIPTION
3 8.4•0fo 2 24x3l0 - SITE RAH i.. El. vrA,T10144a
I e"4 'No o 3 8112-x11 -- APPU4641M4 Na 2?-.6.T1Y S.
t $ .4. D L I c.I.k ec.v.- I.tb . l'3 2 5 Z - S to 2-9. Fo Rz I.iV. K EE-
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑ For approval ❑ Approved as submitted ❑ Resubmit Copies for approval
❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return Corrected prints
Eie"For review and comment ❑ Other:
❑ FOR BIDS DUE 20 ❑ Prints returned after loan to us
REMARKS
COPY TO
SIGNED: Cwvvadi
NicoIi Engineering , Inc.
• •PO Box 23784 Tigard, Oregon 97281 Phone: (503) 620 2086 Fax: (503) 684-3636
August 4, 2006 NEI# 06-0614
City of Tigard
Community Development
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Minor Modification
Ballroom Dance Studio
18900 SW Commercial Street
Tigard, OR 97223
Attn: Tom Coffee
Director of Community Development
Dear Mr. Coffee:
The following narrative addresses the approval requirements/criteria as noted in section
18.360.060 for a Minor Modification and are in response to section 18.360.050B.
18.360.0508. Evaluation criteria. The Director shall determine that a major modification(s) will
result if one or more of the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development;
Not applicable.
2. A change in the ratio or number of different types of dwelling units;
Not applicable.
3. A change that requires additional on-site parking in accordance with Chapter 18.765;
The proposed and previous uses are both categorized as indoor entertainment.
The project has a minimum of requirement of 58 spaces. The existing facility has
26 spaces and one ADA space. One additional ADA space is being provided,
bringing the total on site parking to 28. The remaining 30 spaces have been
obtained with a joint parking agreement w/ adjacent property owners. Additional
parking agreements are currently being negotiated with Magno Humphries and
The Frame Shop, both of which are on Commercial Street. It should be noted
that the site is adjacent to the Tri-Met Transit Station and future Commuter Rail
X:U-060614 Ballroom Dance Studio-Planning 1 Letters 1Letter re minor modification 080406.doc Page 1 of 3
9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com
Station. Current clientele where polled and it appears that a minimum of 15% will
utilize public transportation to and from the studio.
3. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code;
The existing type of structure, concrete masonry units will not be changed with
the proposed tenant improvements. Under the previous building code (1998
Oregon Structural Specialty Code) and City records the type of construction is
categorized as a type V-N construction. The recently adopted 2003 International
Code with the State of Oregon 2004 Amendments categorizes this building as a
Type V-B construction. Although the category nomenclatures have changed
between the previous and current codes, the descriptions/definitions remained
the same. Therefore the type of commercial structure will remain the same.
4. An increase in the height of the building(s) by more than 20%;
The existing building height will not be increased by the proposed tenant
improvements.
5. A change in the type and location of access ways and parking areas where off-site traffic
would be affected;
The proposed interior improvements will not change the type or location of the
access ways or parking areas, therefore no additional impact to the off-site traffic
will be caused by the project.
6. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day;
With information from the existing dance facility and incorporating the increase in
floor area of the new/proposed facility, the anticipated vehicular trips per day will
not exceed 70 vehicles per day.
7. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
No additional floor areas will be created outside the building's envelope. All
improvements are performed within the shell of the existing building. Three
mezzanines are being proposed which total approximately 2,000 S.F., which is
less than the 5,000 S.F. expansion threshold.
8. A reduction in the area reserved for common open space and/or usable open space which
reduces the open space area below the minimum required by this code or educes the open
space area by more than 10%;
X:\J-060614 Ballroom Dance Studio-Planning\Letters\Letter re minor modification 080406.doc Page 2 of 3
The proposed tenant improvements will not reduce the existing common open
space and/or useable open space. Except for the addition of planter boxes for
street and parking trees, the site will remain as approved by VAR 95-0014 /
MINOR MODIFICATION.
9. A reduction of project amenities below the minimum established by this code or by more
than 10%where specified in the site plan:
a. Recreational facilities;
Not applicable
b. Screening; and/or
The site has existing arborvitaes along the south property line, which will
remain in place.
c. Landscaping provisions.
The site has contaminated soils and was required by D.E.Q. to be
"capped" with an asphaltic concrete pavement. The landscaping
requirement was previously waived due to the D.E.Q. requirement (VAR
95-0014/MINOR MODIFICATION). Therefore, no reduction to the
previously approved project amenities will occur. Additional planter boxes
have been added to the site.
10. A modification to the conditions imposed at the time of site development review approval,
which is not the subject of B1 through 10 above of this subsection.
To the best of our knowledge, no modifications are being proposed which
would conflict with the previous conditions as noted in VAR 95-
0014/MINOR MODIFICATION
Sincerely,
Jim Andrews
JDA: dhl
X.U-060614 Ballroom Dance Studio-PlanningtLetters\Letter re minor modification 080406.doc Page 3 of 3