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MMD2012-00014 MMD2O12 - 00014 PIXEL BATTLES NOTICE OF TYPE I DECISION N • MINOR MODIFICATION (MMD) 2012-00014 c PIXEL BATTLES T 1 G A R D 120 DAYS = 10-30-2012 SECTION I. APPLICATION SUMMARY FILE NAME: Pixel Battles CASE NO.: Minor Modification (MMD) MMD2012-00014 PROPOSAL: The proposal is to convert 1,350 square feet of vacant space from personal services to indoor entertainment. This change in land use modifies MMD2012-00007 which approved this space for a tanning salon. APPLICANT Justin Ravenwood-Field Pixel Battles,LLC 266 Cervantes Lake Oswego, OR 97035 OWNER Ron Champion 25884 SW Canyon Creek Rd #J302 Wilsonville, OR 97070 LOCATION: 11642 SW Pacific Highway;WCTM 1S136DB,Tax Lot 02400. 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. A wide range of uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.360.060.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to one (1) condition. 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. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 11642 SW Pacific Highway. The existing structure is two story and built into an embankment, with the upper story fronting Pacific Highway and the lower story fronting a gravel parking area at the base of a slope. Existing businesses on the site include a restaurant (George's Giant Hamburgers) on the upper floor and an auto detailing business on the lower floor (recently approved under MMD2012-00007). A residence is located across the gravel parking area, at the southern end of the parcel. MMD2012-00014 Pixel Battles Page 1 of 3 Proposal Description: The proposal would occupy the remaining 1,350 square feet of the upper floor not occupied by the restaurant, and convert the now vacant space into an indoor entertainment use (Pixel Battles). This space was previously approved for personal services (an unnamed tanning salon) under MMD2012- 00007. As part of the application, the applicant has provided a parking study demonstrating that there is adequate parking for the proposed use (Sheet A-1). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The proposed change in land use classification from personal services to indoor entertainment requires land use approval, in this case a Minor Modification to Approved Plans (18.360.060). Applicable review criteria and findings are below. MINOR MODIFICATION OF AN APPROVED PLAN: 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: During review, the City of Tigard Building Division and Public Works Department commented that addressing for this parcel is unclear and inadequate, prevents accurate permit tracking and emergency service response, and needs to be resolved before building permits can be issued. A condition of approval has been added to ensure compliance with this standard, in conformance with 18.210.030.A. All other applicable requirements of this title were found to be satisfied by the project narrative and associated site plan, floor plan,and parking study. 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. CONDITION OF APPROVAL 1. Prior to issuance of building permits, the applicant shall obtain address and suite assignments from the City of Tigard for both structures and all suites on the affected parcel. To obtain assignments, applicant shall complete and submit an address and suite assignment form with accompanying site and suite map(s) and associated fees. CONCLUSION: As Conditioned, the proposal is in compliance with the applicable requirements of this title and is a minor modification of existing 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 AIM MMD2012-00014 Pixel Battles Page 2 of 3 t C 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. ■. _■11EM - - THIS DECISION IS FINAL ON AUGUST 2, 2012 AND BECOMES EFFECTIVE ON AUGUST 3, 2012. Questions: If you have any questions,please contact John Floyd at (503)718-2429,johnfl( tigard-or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. - August 2,2012 APP t-it D BY: John Floyd,Associate Planner DATE • MMD2012-00014 Pixel Battles Page 3 of 3 • _PROJECT INFORMATION "°`° •"° SSW °�°" TYPE I — MINOR MODIFICATION FOR: SLATER Alketi I:; PIXEL BATTLES ..WS ER.a.o� �I...re1f,ef .cr � �� - 'c rrs. CITY Of TNMIb TIOMO.OREGON • SW ; :r„fy SEAL, 1 LO,WE, e.,., .f,e,e,., VICINITY MAP 1 ;•(A ..... AOtem..vK MP.W4 O,il�l.K�.lvy, ...'7.' c b� — — — — v., �_ -� — — — — 1 %. OF n�.w• K/w naww'•.r E ,,-!;. �-I 1�' •7y',;' 1 J 8• L I s .t g �I::..ky:..0`,..t.._:.5.,:' 1 •yam s for s,\ G WILDING - __ , _- I I $ I 4 FW Ye. i,121. . ri 1... _Jr Abi T7! A Ir M 1011.14 sin ainExcrs, o...:c VOW. ow aa.0..o.:. - \ 1—J ' — Je '_ J`Y•. \-L I EXISTING I SWf-ne.a•.f:• BUILDING FULL SITE PLAN mom w CO NW T& el'•-,�'2°.'® 'V"'""°°°°'°""` EXISTING CONDITION = Zx W I v°i ca°°iliol:Inf�f oor...cr. -. _ a6'ks -'fO- _ 0 J ~! rcrt.mm,a r.01011.0mm 1•017 WOW We*W.V.L I ?:GAAO PROPERTY LINE CITY OF TIGARD co za J Appro I a • W \--\ C ®07 0 O NEW ASPHALT • • I.•nally Approved [ )<J LU a PAVING Sr otpTT�11NIt // For orn, the work as d in: [� �, \ ` EXISTING _ - PERM NO. MAf o1.2-000 g7 Q DWI RESTAURANT S . F \ /1644/P) oror. 0 S.L- A IXIS.T1AI O ALT r ` O C Job A.• !FENN k ] s 1��, o �. o '� /j By: - 118tH} r " .z O/2 `_J :.� , /PROPOSED 8 0 s LE Dare 1 \"% I GAMING STORE / • MLR //. C Imis W ASPHALT ..P.oRIMOaaoo mg �C6 N0,,PW �� 9< 1 , ew+f...Iw cow•le mu rlRMIT UT 'y ',6,�y, \ n EXISTING ASPHALT PAVING C C C C 0 C C :W { •�- 1PROPEATV LINE -- - --- - ---- "-- M I EXISTING BUILDING I \ PARTIAL SITE PLAN A I f :.N T iirLE MEET APPLICANT MATERIALS I! ■ City of Tigard Minor Modification — Type I Application TIGARD GENERAL INFORMATION hi addition, the Director must find that the proposed Property Address/Location(s): 11642 SW PACIFIC 11 1 change is in compliance with all applicable requirements of U AP.D 0g. 9 7123 Tide 18 of the Tigard Development Code. To complete this review, the Applic ' roposal must include a Tax Map&Tax Lot#(s): discussion indicating how t/change will WCTM 151?it n , TAX LOT 02400 continue to comply with e �: .al ring Site Size: 4.78 AC height, parking, and landsca.ing stan. ier Applicant* JUSTIN R AN ENW OOD- FIE L> requirements of this title such tl ea '•t solid waste storage, non-conforming situations, s c• and tree Address: 2 Cr, CENVANTES removal may also be app ..lgiggr,p�n the type and City/State: LAKE OSWE( O , OP. Zip: 97035 location of the proposed m.' f,-� ' RD Primary Contact: JUSTIN RANENWCOD - FIELD riNEERING Phone: 541- 513- 23ZO Fax: E-Mail: J USTI NRAN EN W oo9FIELD U MAIL•OM Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) RONALD AND ROBEI:TA CHAMPION (Applications will not be accepted without the following required submittal elements) Address: 16449 LEVAN&MN C.T. Phone: City/State: LAKE OSINEGO, OIL Zip: 9 7034 Application Form j"Owner's Signature/Written Authorization *When the owner and the applicant are different people, the [ /Title Transfer Instrument or Deed REFER.To M6402012-00007 applicant must be the purchaser of record or a lessee in L� Site Plan(4 Large Plans&One-Reduced to 8'/2"x 11") possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application _ / Applicant's Statement/Narrative(4 copies) in the space provided on the back of this form or submit a LJ Filing Fee $605.00 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 FOR STAFF USE ONLY or change does not invoke one or more of the criteria /1 U/,L- d/L� discussed within Section 18.360.050(B) - Site Development Case No.(s): /rj � Review or Section 18.330.020(B)(2)-Conditional Use. If the modification exceeds the maximum allowed under any one or Other Case No.(s): LL?r /a m// 7 more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a ate:pt No.: D new Site Development Review or Conditional Use Permit. Date: �-'� /� /A Applicant's Statement: Application Accepted By: N` The applicant's statement must include a summary of the Date Determined Complete: proposed changes. Criteria in either 18.360.050(B) or Revssed: 7/1/11 18.330.020(B)(2) must be addressed with a detailed response ,\unpin\masters\land use applscalsons\minor modification app.dtcx to each criterion. Failure to provide the information needed 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 oft 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 ProPeny. ♦ 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, induding the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this JuLdi day of ,20 / i 3v '2-r o PTzo P --).-Ty O�'nJd✓`� • : .ignature 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 of2 RECEIVED SL�AIER JUL 022012 PLANNING] GNAFRtDD City of Tigard June 25'ZO Z?ING 13125 SW Hall Blvd Tigard, Oregon 97223 RE: NARRATIVE FOR PIXEL BATTLES MINOR MODIFICATION—TYPE I APPLICATION Site address: 11642 SW Pacific Hwy, Tigard, OR 97223 Tax ID Number: 1S136DB02400 Tax Account Number: R285168 The property owner and tenant seek to obtain a Type I Minor Modification to replace a tenant in the existing building located at the property described above. The existing structure on site is a two-story building with lease space on the upper and lower levels. There is an existing restaurant (George's Giant Hamburgers)on the upper floor north end, which will remain. The previous tenant that occupied the remainder of the upper floor was a trophy shop. This proposal is for a new tenant(a gaming store)to occupy the space vacated by the trophy shop. All modifications to the building for the proposed gaming store will be interior, non-structural tenant improvements. The existing building height, setbacks, parking and landscaping will not be affected. The gaming store is a more intense use of the space, but it does not require more parking to be added, therefore, the parking and traffic situation will not be affected by the new tenant use. The evaluation criteria from the City of Tigard Municipal Code, Section 18.360.050 to determine that this project qualifies for a Minor Modification are addressed below: 1. This is not a residential development, therefore, is not applicable. 2. This is not a residential development, therefore, is not applicable. 3. Per Table 18.765.2, the prior tenant required a parking ratio of 3.7/ 1,000 (Sales— Oriented). The proposed tenant requires a parking ration of 4.3/ 1,000 (Indoor Entertainment). Based on a calculation of full building occupancy (see site plan submittal), the existing parking is adequate for the new use and will not require additional on-site parking. 4. A change in the type of commercial structure is not proposed or required. 5. The existing building height is not affected by this proposal. 6. No change is proposed to the type and location of accessways and parking areas for off- site traffic. 7. Refer to item# 3 above. The proposed use would be a less intense use of the site, and therefore, not increase traffic to and from the site. 8. The proposed tenant would occupy existing building area. No additional square footage is proposed. 9. The existing common open space is not affected by this proposal. 10. No changes are proposed to the project amenities. 11. No site changes are proposed, therefore, no modifications to the prior conditions shall be made. 8900 NE Livingston Mtn Rd Camas, WA 98607 Phone: (360)817-2737 Fax: (360)817-2733