MMD2017-00048 MMD2O17 - 00048
LU ' S SPORTS BAR
& LOUNGE
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2017-00048
LU'S SPORTS BAR & LOUNGE
T I GARD
120 DAYS = March 9, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: Lu's Sports Bar& Lounge
CASE NO.: Minor Modification (MMD) MMD2017-00048
PROPOSAL: The applicant proposes to remove one (1) on-site parking space, in order to
expand an existing fenced patio area.The scope of work will be located adjacent to
the front facade of an existing fast food eating and drinking establishment (Lu's
Sports Bar&Lounge). No changes to on-site landscaping are proposed.
APPLICANT: Xu Jian Lu
4798 Auburn Lane
Lake Oswego,OR 97035
OWNER: Same as applicant
LOCATION: 11530 SW Pacific Highway
WCTM 1S136DA,Tax Lot 700
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 nonconforming, 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 Chapters 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. The findings and conclusions on which the decision is based are noted
in Section IV.
N11\1I)2017-00048 Lu's Sports Bar&Lounge 1
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 11530 SW Pacific Highway; on the south side of SW Pacific Highway,west of
SW 68th Parkway, and east of SW 72°a Avenue. The 0.85-acre site is made up of one tax lot (WCTM
1S136DA, Tax Lot 700), and contains an existing fast food eating and drinking establishment (Lu's
Sports Bar& Lounge),with associated parking and landscaping. The site is zoned General Commercial
(C-G),and is located in the Tigard Triangle Plan District.
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: The applicant proposes to remove one (1) on-site parking space, in order to expand an
existing fenced patio area, located adjacent to the front façade of an existing commercial building at
11530 SW Pacific Highway. No changes to on-site landscaping are proposed. The subject site is
occupied by a 15,405-square-foot fast food eating and drinking establishment, Lu's Sports Bar &
Lounge. Accordingly, the minimum off-street parking requirement for this site is 107 spaces (7.0 spaces
for every 1,000 square feet). Even after the proposed reduction of one (1) parking space, staff
concludes there is still adequate parking on site, with 115 spaces provided. Furthermore, based on the
applicant's materials, staff finds the proposal meets all applicable development standards for the C-G
zone, as outlined in'11)C Table 18.530.2. Upon review of the applicant's plans and narrative, staff finds
that all other applicable requirements are met. This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in '1'DC 18.360.050.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 a Minor Modification of existing site development and is in
compliance with the applicable requirements of this Tide.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owners
X Affected government agencies
M1NMD2017-00048 Lu's Sports Bar&Lounge 2
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 NOVEMBER 9, 2017
AND BECOMES EFFECTIVE ON NOVEMBER 10, 2017
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
•
11.1111110- —�- _ � November 9,2017
APPROVED BY: Lina Smith
MMD2017-00048 Lu's Sports Bar&Lounge 3
APPLICANT
MATERIALS
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City of Tigard NOv 06 2017
1111 . COMMUNITY DEVELOPMENT DEPARTMENT
Minor Modification Type I Application
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
1K S ii.)\\\ bt exp ain d t(i c. c?<t Sfi o c 0-*(0 ELEMENTS
I a 0 `I JI ' - • % •ILA • el- ' •L 1 1 J Owner's Signature/Written
' ...Q S� CA,�� 40 V�V VV VVVV .+1'0 l'l.Q. 62-S�`1 W:h('_ Authorization
(,2,ti OA O- 4-kQ j Q v U cxTitle Transfer Instrument or Deed
�b�k 1 ' lPk-61,A\C V tett) /.Site Plan(2 large plans'drawn rto scale
a one reduced to 8.5x11'/2 )
'
Property address/location(s): Ii' 3 0 S Pa(..7.rI
C tt,t ' Applicant's Statement/Narrative
� - (2 copies)Address criteria in:
1 I G�,l�i �)J� (�rZ Z3 TDC 18.360.050.B.1-11
Tax m a and tax lot #(s): O 70 Filin Fee
pI S i�cD Ao � � g
Tay. N`ct,f lSISID DA
Site size: q 4- X t(Q i-i-
1:0R STAFF lSE ONLY
Applicant*: Sc.r1'1e C.5 o n ir/ Case No.: N\ f 9 9-0 17 40O
ligs
Address:
Related Case No.(s):
City/state: Zip: �,�
Application Fee:
Phone: Email:
Application accepted:
10/11—
PROPERTY OWNER/DEED HOLDER(S)* ['Same as Applicant By: 5'i,A) Date:
Name: >(/..4. )P A AJ (..-4 Application determined complete:
Address: 4-77 �- 1,4,--0 L By: k_,C Date: /1191)---- --
City/state: ke CX(.),ej,-, Zip: J
(� 7 vs -f- I:\CURPLN\Masters\Land Use Applications Rev.11/24/2014
Contact name: )'Lc Y`/t% Lam,
Phone number: . ---"3 _47,--G- 7 `"S y
*When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written 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.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or
18.330.020(B)(2)must be addressed with a detailed response 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.
In addition,the Director must find that the proposed 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 discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision, solid waste storage,non-conforming situations, signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
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City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANTS) 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 required.
y6t r % /� It I 6 Ji7
App cant's signature Print name Date
f1A- 1 )/ .)1 LL, It I 4, /, 7
Owner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
Washington County,Oregon 2017.081459
RECORDING REQUESTED BY: D-DW
••• 0 Fidelity National Title' Stn=0 C LOUCKS 10113/2017 03:46:02 PM
°ror�gc $10 00$11.00$5.00 520.00$2,000.00 $2,046.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
5400 SW Meadows Road,Suite 100
Officio County Clerk for Washington County,Oregon,do hereby
Lake Oswego,OR 97035 certify that the within instrument of writing was received and
recorded in the book of records of said county.
GRANTOR'S NAME: Richard Hobernicht,Director of
Hi-Hat,Inc. an Oregon Corporation Assessment and Taxation,Ex-Officio
GRANTEE'S NAME:
Xu Jian Lu and Wen Hui Huang
AFTER RECORDING RETURN TO: "°`
Order No.: 45141720151-MC EST,.
v 4li3ilaE Jian Lu and Wen Hui Huang
4�
q r Auras(_ LAnt N O V 0 6 2.017
SEND TAX STATEMENTS TO: CITYTL '' ,
Xu Jian Lu and Wen Hui Huang I_ � iI
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APN: 1S136DA-0600&0700
SPACE ABOVE THIS LINE FOR RECORDER'S USE
~ STATUTORY WARRANTY DEED
• Hi-Hat, Inc. an Oregon Corporation, Grantor, conveys and warrants to Xu Jian Lu and Wen Hui Huang, As
• Tenants by the Entirety, Grantee,the following described real property,free and clear of encumbrances except as
specifically set forth below,situated in the County of Washington,State of Oregon:
m A parcel of land lying in Section 36,Township 1 South,Range 1 West of the Willamette Meridian,in the City of
"Cf
Tigard,Washington County,Oregon,described as follows:
Beginning at a point on the West line of the Northeast quarter of the Southeast quarter of said Section 36,
Township 1 South,Range 1 West of the Willamette Meridian,which point is 2094.5 feet North of the
Southwest corner of the Northeast quarter of the Southeast quarter of said section;thence East 95.2 feet;
thence North 435 feet,more or less,to the county road known as the West Side Pacific Highway;thence
South 53° 12'West along said road to the West line of the East one-half of the East one-half of section 36.
Township 1 South,Range 1 West of the Willamette Meridian;thence South to the point of beginning.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS TWO MILLION AND NO/100
DOLLARS($2,000,000.00). (See ORS 93.030).
Subject to:
City Liens,if any,in favor of the City of Tigard. None found as of recording.
Any adverse claim based upon the assertion that:
a.Said land or any part thereof is now or at any time has been below the highest of the high watermarks of the
Unnamed creek,in the event the boundary of said river has been artificially raised or is now or at any time has
been below the high watermark,if said river is in its natural state.
b.Some portion of said land has been created by artificial means or has accreted to such portion so created.
c.Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the
Unnamed creek,or has been formed by accretion to any such portion.
Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document:
Granted to: Adjacent property owners
Purpose: right of way
Recording Date: July 27, 1945
Recording No: Book 246,Page 469
Affects: Parcels I and II
Partial Release as disclosed by Statutory Quitclaim Deed
Recording Date: August 31, 1999
Recording No.: 99-101664
Deed(Statutory Warranty)Legal
ORD1368.doc/Updated:45.01.17 Page 1 OR-FT-FPYM-01520 470006-45141720151
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Evaluation Criteria
1. An increase in dwelling unit density, or lot coverage for residential development.
Does not apply, because it is not a residential development.
2. A change in the ratio or number of different types of dwelling units.
Does not apply, because there are no dwellings on the property.
3. A change that requires additional on-site parking in accordance with Chapter 18. 765
Does not apply, because there is no additional parking necessary.
4. A change in the type of commercial or industrial structures as defined by the uniform building code.
Does not apply because there is no structural changes being made.
5. An increase in the height of the building(s) by more than 20%
Does not apply, because Building height will remain the same.
6. A change in the type and location of access waves and parking areas where off-site traffic would be affected.
Does not apply, because there will be no access ways being changed. Traffic will remain the same.
7. An increase in vehicular traffic to and from this site and the increase can be expected to exceed 100 vehicles
per day.
Does not apply, because we are not expecting any increase of traffic.
8. An increase in the floor area for post for a non-residential used by more than 10% excluding expansions
under 5000 square feet.
Does not apply because there will be no expansions being made that will increase 5000 square feet.
9. 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 reduces the open space area by more than 10%
Does not apply because we are not reducing any unused open space.
10. A reduction of project ammenities below the minimum established by this code or by more than 10%where
specified in the site plan.
A. Recreational facilities
B. Screening and /or
C. Landscaping provisions
Does not apply, because we are not changing any Landscaping provisions, and are improving our recreational
facilities.
11. In modification to the conditions imposed at the time of site development review approval which are not the
subject of subsections B.1 through 10 above the section.
Does not apply, because there will be no site development being done.
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