MMD2018-00039 MMD2O18 - 00039
LU ' S SPORTS BAR
& LOUNGE
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2018-00039 •11111C
LU'S SPORTS BAR & LOUNGE
TIGARD
120 DAYS = December 25, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: Lu's Sports Bar& Lounge
CASE NO.: Minor Modification (MMD) MMD2018-00039
PROPOSAL: The applicant proposes to add exterior windows and doors on the ground floor of
an existing fast food eating and drinking establishment(Lu's Sports Bar&Lounge).
The applicant is not proposing any changes to the existing building footprint,
building height,on-site parking,or on-site landscaping.
APPLICANT: Xu Jian Lu
4798 Auburn Lane
Lake Oswego,OR 97035
OWNER: Same as applicant
LOCATION: 11530 SW Pacific Highway
WCTM 1 S136DA,Tax Lot 700
ZONING
DESIGNATION: C-G: General Commercial Zone. The C-G zone is designed to accommodate a
full range of retail, office, and civic uses with a citywide and even regional trade
area. Except where nonconforming, residential uses are limited to single-family
residences that 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 18.780.050.0
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
MMD2018-00039 Lu's Sports Bar&Lounge 1
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' Avenue. The 0.85-acre site is made up of one tax lot (WCTM
1S136DA, Tax Lot 700), and contains an existing 15,405-square-foot 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
18.780 Site Development Review:
18.780.050 Minor Modifications
C. Approval criteria. The approval authority shall approve or approve with conditions an
application for a minor modification when all of the following are met:
1. The proposed development is in compliance with all applicable requirements of this
title;and
The applicant proposes to add exterior windows and doors on the ground floor of an existing fast food
eating and drinking establishment (Lu's Sports Bar&Lounge). The property is located in the C-G Zone
and the Tigard Triangle Plan District, and is therefore subject to the development standards in CDC
Table 18.120.3 and CDC 18.120.060.B. The applicant is not proposing any changes to the existing
building footprint or height;accordingly,development standards such minimum and maximum setbacks,
maximum building height, and maximum site coverage do not apply to this modification. Minimum
landscape requirements do not apply, as the applicant is not proposing to modify on-site landscaping.
The minimum street frontage requirement for a building's location(CDC 18.120.060.B.1) does not apply,
as the applicant is not proposing to relocate the existing building. Furthermore, the proposed windows
and doors are not located on a street-facing building facade, and the applicant is not proposing to add
any new roof-mounted equipment. Therefore, the design standards in CDC 18.120.060.B do not apply
to this modification.
Upon review of the applicant's plans and narrative, staff finds that all other requirements of this title are
not applicable.This criterion is met.
2. The modification is not a major modification.
The applicant is not proposing any of the changes outlined in CDC 18.780.040.B. Therefore, this
proposal is not a major modification. This criterion is met.
CONCLUSION: The proposal is a minor modification to an existing development and is in
compliance with the applicable requirements of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
MMD2018-00039 Lu's Sports Bar&Lounge 2
Final Decision:
A minor modification is a Type I procedure. As such, the Director's decision is final for purposes of
appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision is not appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON AUGUST 28, 2018,
AND BECOMES EFFECTIVE ON AUGUST 29, 2018.
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
1111W-L •
✓ August 28, 2018
APPROVED BY: Lina Smith,Assistant Planner
Community Development Director's Designee
MMD2018-00039 Lu's Sports Bar&Loungc 3
1�
� n
RECEIVED
AUG 2 7 2018
City of Tigard CITY OF TIGARD
RD
11111
COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING
TIGARD
Minor ModificationType I Application
PROPOSAL SUMMARY (Brief descrip 'on)
REQUIRED SUBMITTAL
j�`77 � �DKA �oc ELEMENTS
/( nerSi ature/Written
's
itluthorization
e Transfer Instrument or Deed
,te Plan(2 large plans drawn to scale
and one reduced to 8.5"x11'/2")
Applicant's Statement/Narrative
Property address/location(s): I irr730 /7..0°T#4(iI�' H
2 copies)Address criteria in:
-TICrbV o C-' /7Tax map and tax lot #(s): IDC
iling Fee
--. t t t igaffit FOR S FAIT ISL ONLY
3il,AGA,. /6 1 /11 0 ,e477—, 6. ,,s )
Case No.: NLN`P2( D-- V 9
Applicant*: XL J 14 ) L---GI Related CaseNo.(s):
Address: 4/79 e, Aufx4 v t_ ,, Application Fee: !'2 —
City/state: i10--� - (i)O+L'U40 a O r Zip: q 0-' Application accepted:
PhonttrjO )0 e'—Verga By: Alf Date: IuiIiS
Application determined complet :
PROPERTY OWNER/DEED HOLDER(S)* ❑ Same as Applicant
By: AS Date: 0
Name: h .U1/4-1QL-(4. I:\CommunityDevelopment\LandUseApplications\02_Formsand
Address: 1141q
ry//�) A(4,Pfiigi
r (/t,/ Templates\Land Use Applications Rev.12/14/2017
Ci state: /� � * When the owner and the applicant are
City/state: l-r7�" �iw �I � �� Zip: ?go�lr�"
Contact name: XL,1 'Z-1/4-/ 1---LAdifferent people,the applicant must be the
purchaser of record or a lessee inpossession
Phone number: (t') o .— /1/4" 9-' with written authorization from the owner
or an s 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 18.780.040(B) or 18.740.020(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.
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 SUBMITTAL ELEMENTS
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. •
)<u- /4 M LI/ Z-2-1 20/
Applicant's signature Print name Date
)(Gi L
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 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2
REC8VED
AUG 27 2018
-�iGAR 3 Washington County,Oregon 2017-081459
RECORDING REQUESTED BY: C,IT 1 �t .D-DW
Fidelity National Title E1 3GINEERSIStrt=O C LOUCKS 10113/2017 03:46:02 PM
PLP+NNINuI
ce.�r..resea°. 31000 511.00 55.00 520 00 52,000.00 $2,046.00
5400 SW Meadows Road,Suite 100 ,Richard Hobernicht,Director of Assessment and Taxation and E -OffiUo County Clark for Washington County,Oregon,do hereby
Lake Oswego,OR 97035 cerby that the within instrument of writing was received and
recorded in the took of records of said county
GRANTOR'S NAME: Richard Hobernicht,Director of
Hi-Hat,Inc. an Oregon Corporation Assessment and Taxation,Ex-Officio
(-1) GRANTEES NAME:
Xu Jian Lu and Wen Hui Huang
AFTER RECORDING RETURN TO: ''1C
Order No.: 45141720151-MCE
crittlus Jian Lu and Wen Hui Huang
4-1(44 ALAbuirt NOV 0 0 2017
SEND TAX STATEMENTS TO: t--y� IC P�.ctD
Xu Jian Lu ad Wen Hul Huang
a y-19g Ptu
ub► n � �
NPLA NINU�"_NGt r'ri�
l.nklSo (�2r°11035
APN: 1 S136DA-0600&0700
SPACE ABOVE THIS LINE FOR RECORDER'S USE
F STATUTORY WARRANTY DEED
8
Hi-Hat, Inc. an Oregon Corporation, Grantor,conveys and warrants to Xu Jian Lu and Wen Hul 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:
.� A parcel of land lying in Section 36,Township 1 South,Range 1 West of the Willamette Meridian,in the City of
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 11
Partial Release as disclosed by Statutory Quitclaim Deed
Recording Date: August 31, 1999
Recording No.: 99-101664
Deed(Statutory Wenanty)Legal Faye 1 OR-FT-FPVM-01520470008J5141720151
ORD1368 doc r Updated 05 01 17
1
RECEIVED
1 AUG 2 7 2018
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Evaluation Criteria RECER/ED
1.An increase in dwelling unit density,or lot coverage for residential development. AUG 2 7 2018
Does not apply, because it is not a residential development.
CITY OF.t iGARD
2.A change in the ratio or number of different types of dwelling units. PLANNING/ENGINEERING
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.
R 1-1)
tai O V 0 6 2017
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PLANNiNO:r._.i\oiNEERiNG
BUILDING CODE SUMMARY
SITE ADDRESS : 11530 S.W. PACIFIC HWY.
TIGARD, OR 97223
PARKING : EXISTING PER LU'S SPORTS BAR-SEE ATTACHED SITE PLAN
GENERAL : TENANT DEMISING ALL STRUCTURE, PLUMBING, ELECTRIC
TOILET ROOM, HVAC AND ENTRY ARE ALL AS PERMITTED FOR
LU'S SPORTS BAR ORIGINAL PERMIT- THIS PERMIT FOR
IMPROVEMENT INSTALLATION WINDOW ONLY
OCCUPANCY GROP : GROUP B- BUSINESS STORAGE WITH OCCUPANT LOAD LESS THAN 120
TYPE VN-UN SPRINKLED CONSTRUCTION
4,996 SF OF PROPOSED STORAGE AREA/300= 17 OCCUPANTS
OCCUPANCY
SEPARATIONS : PER TABLE 706-NO OCCUPANCY SEPARATIONS REQUIRED