MMD2013-00032 MMD2O13 - 00032
ABOVE &
BEYOND
ATHLETICS
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2013-00032 IN
ABOVE & BEYOND ATHLETICS, LLC T I G A R D
120 DAYS = 12/06/2013
SECTION I. APPLICATION SUMMARY
FILE NAME: Above & Beyond Athletics, LLC
CASE NO.: Minor Modification (MMD) MMD2013-00032
PROPOSAL: The proposed minor modification to existing development would allow a new
tenant, Above & Beyond Athletics, LLC, to occupy the building. The space,
approximately 15,000 square feet in size, is changing from an office use to an
indoor entertainment use.
APPLICANT: Above & Beyond Athletics, LLC
Josiah Lake
11870 SW Hillcrest Ct
Beaverton, OR 97008
OWNER: Alpha Limited Partnerships
Thomas Chose
14725 SW 72"d Ave
Tigard, OR 97224
LOCATIONS: 14655 SW 72"d Avenue
WCTM 2S112AC,Tax Lot 02400
ZONING
DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate
locations for combining light manufacturing, office and small-scale commercial
uses, e.g., restaurants,personal services and fitness centers,in a campus-like
setting. Only those light industrial uses with no off-site impacts, e.g., noise,
glare, odor,vibration, are permitted in the I-P zone. In addition to mandatory
site development review, design and development standards in the I-P zone
have been adopted to insure that developments will be well-integrated,
attractively landscaped, and pedestrian-friendly.
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 WITH CONDITIONS the above request. The findings and conclusions on which the
decision is based are noted in Section IV.
MMll2013-00032.ABOV'I'.&BEYOND ATHLETICS,11C Page 1 of 3
1. The applicant shall stripe an additional four parking spaces, as shown on the approved site plan
(attached as Exhibit A), to meet the minimum parking requirement of 99 parking spaces. The
applicant shall call for a final inspection no later than October 31,2013.
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 14655 SW 72nd Avenue; west of SW 72°d Avnue, south of SW Bonita Road and
bound by the railroad to the west. The site is approximately 4.15 acres and contains three commercial
and industrial buildings and site improvements that include landscaping and associated parking lot. The
entire site has 95 parking spaces.
Proposal Description:
The proposed minor modification to existing development would allow a new tenant,Above & Beyond
Athletics, LLC, to occupy the building. The space, approximately 15,000 square feet in size,is changing
from an office use to an indoor entertainment use.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
The proposed change in use requires a Minor Modification to approved plans or existing
development. 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 includes but is not limited to building
height, setbacks, and parking requirements. For this proposal, parking requirements are
the primary concern. In accordance with Chapter 18.765 Off-street parking and loading
requirements, indoor entertainment uses are calculated at a higher standard (4.3/1,000 sq.
ft.) than an office use (2.7/1,000). Therefore, the new tenant is required to provide 65
off-street parking spaces while the office was required to provide 41 spaces. The table
below summarizes the existing uses, parking spaces required for each use and the total
number of parking spaces required for the site. The site currently has 95 off-street
parking spaces and with existing uses the required amount is 99 spaces. The site has
sufficient paved area to accommodate striping of additional spaces to meet the
minimum parking requirement. The decision is being conditioned to stripe an additional
four spaces. As conditioned, this criterion can be met.
NI\Ill2013-00032.1BOVE&BEYOND.1'1'111.EI1CS,I.LC Page 2 of 3
Use Square Footage Parking Required
Indoor Entertainment 15,000 15 x 4.3= 64.5 spaces
Office (vacant) 10,300 10.3 x 2.7= 27.81 spaces
Industrial Services 7,500 7.5 x 0.8= 6 spaces
TOTAL PARKING REQUIRED: 99
TOTAL EXISTING PARKING: 95
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 a minor modification of existing site development and is in
compliance with the applicable requirements of this title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
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 AUGUST 26, 2013.
AND BECOMES EFFECTIVE ON AUGUST 27, 2013.
Questions:
If you have any questions, please call Agnes Kowacz at the City of Tigard Planning Division, Tigard
City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171.
'7I 1 4114- August 26.2013
APPROVED BY: 1 ' gnes Kowacz DATE
Associate Planner
503-718-2427
agneskna,tigard-or.gov
MMD2013-00032.1BO\'1 &BINOND ATHLETICS,1.1,C Page 3 of 3
EXHIBIT A
iz-Ev tsa PAN -1125113
CITY OF TIGARD
• Approved I 1
Conditionally Approved._ (yy
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PERMIT N0l�2013-CW32-
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LAYDOWN YARD
TOTAL ON-SITE PARKING=99 Spaces
ce Dedicated Parking Spaces(48)
U
III Common Parking Spaces(21)
5, ,$eh R-
-Office Parking Spaces(21)
•I 1Optionl#11 I I I I I I \N - /990 CONSr mg John Deere Existing Parking Spaces(5)
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RN John Deere Proposed New Parking Spaces(4)
-See map for 2 proposed options
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TOTAL ON-SITE PARKING = 99 Spaces
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John Deere Existing Parking Spaces(9)
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5I TE PLAN
•
JUL 3, 2,13
• City of Tigard P cin,
Minor Modification — Type I Ap l i cati Tr iu
TIGARD 1 R,NG
GENERAL INFORMATION
Property Address/Location(s): _14655 SW 72nd Ave. In addition, the Director must find that the proposed
_Tigard,OR 97223 change is in compliance with all applicable requirements of
Tax Map&Tax Lot#(s): _MAP: 2S112AC-02400 Title 18 of the Tigard Development Code. To complete
_CODE AREA: 023.74 this review, the Applicant's proposal must include a
Site Size: 4.15 acres -P discussion indicating how the site expansion/change will
Applicant*: _ABOVE& ATHLETICS LLC. continue to comply with the maximum setback, building
pp : height, parking, and landscaping standards. Other
Address: _11870 SW Hillcrest Ct. requirements of this title such as clear vision, solid waste
City/State:_Beaverton,OR Zip:_97008 storage, non-conforming situations, signs, and tree
Primary Contact: Josiah A.Lake removal may also be applicable depending on the type and
Phone: 503-804-7973 Fax: location of the proposed modifications.
E-Mail: josiahlake15 @hotmail.com
Property Owner/Deed Holder(s)*:
(Attach list if more than one)
_Alpha Limited Partnerships (114uP.A o CtiG�a, REQUIRED SUBMITTAL ELEMENTS
Address: _14725 SW 72nd Phone(644 i'i-II I l (Applications will not be accepted without the
City/State:_Tigard,OR Zip:_97224 following required submittal elements)
* When the owner and the applicant are different people, the Q Application Form
applicant must be the purchaser of record or a lessee in 0' Owner's Signature/Written Authorization
possession with written authorization from the owner or an Title Transfer Instrument or Deed
agent of the owner. The owner(s) must sign this application Site Plan(4 Large Plans&One—Reduced to 81/2"x 11')
in the space provided on the back of this form or submit a
written authorization with this application. 2/ Applicant's Statement/Narrative(4 copies)
Er Filing Fee Ifref
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
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) — Site Development FOR STAFF US�,rO�,NLY
Review or Section 18.330.020(8)(2) —Conditional Use. If the
Case No.(s): MD 13-dtE2
modification exceeds the maximum allowed under any one or
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit. l 2-L-1 11 No.:
Applicant's Statement: Date: ( 11 (
The applicant's statement must include a summary of the
AY—
proposed changes. Criteria in either 18.360.050(B) or Application Accepted By:
18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete:
to each criterion. Failure to provide the information needed Revised 7/1/12
\curpin\masters\land use applications modification app.docx
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 of 2
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
Pro perty.
♦ 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, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this � day of ,20 I
717/
Owner's Signature eti., 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 503-718-2421 I www.tigard-or.gov I Page 2 of 2
Above&Beyond Athletics LLC. RACTI
DBA:The Practice Facility \
11870 SW Hillcrest Ct.
Beaverton,OR.97008
(503)804-7973
Josiahlake15 @hotmail.com
MAY 6,2013
City of Tigard Planning Dept
13125 SE Hall Blvd.,Tigard,OR 97223
Above&Beyond Athletics LLC is planning to expand our basketball training business into a dedicated facility.This
facility(14655 SW 72nd Ave.Tigard,OR 97223)will operate under the d.b.a.of The Practice Facility,a non-spectator
based basketball gym,focused on providing the youth on the Westside of Portland with year-round access to
basketball training and instruction.
Our primary client base will be school-aged basketball players grades 3-12 from Tigard,Tualatin,Sherwood,
Beaverton,Lake Oswego,and West Linn.Due to our school-aged clientele,our peak hours of operation will be
weeknights between the hours of 5pm-9pm,and weekends between the hours of l0am-4pm.The focus of our
instruction will be individual and small group trainings,so we anticipate an average of 20-30 players at our facility
during weeknight peak hours,and 30-40 players during weekend peak hours.
We will have a staff of 4-5 people during our peak hours of operation,and anticipate an average trip count of 30-40
trips per weeknight,and 40-50 trips per weekend day.Based on the target age of our customers,many will not drive,
and will utilize shared transportation(carpools).Per the Landlord,the previous use trip counts by PGE averaged 150
trips per day,including weekends.In compliance with parking standards(4.3 per 1000sf,15,300sf building),we will
utilize a combination of dedicated parking(46 spaces)and common area parking(21 spaces)to meet the required 66
parking spaces.There will also be additional after-hours parking from the office building on-site(10 spaces)that has
been offered up by the landlord for use.
Per the evaluation criteria in section 18.360.050(B),we will:
1. NOT be increasing dwelling unit density,or lot coverage for residential development
2. NOT need a change in the ratio of number of different types of dwelling units
3. NOT require additional on-site parking
4. NOT need to change the type of commercial or industrial structures
5. NOT increase the height of the buildings
6. NOT change the type and location of accessways and parking areas where off-site traffic would be affected
7. NOT increase vehicular traffic to and from site from prior use
8. NOT increase floor area
9. NOT reduce the area reserved for common open space
10. NOT reduce project amenities below the minimum requirements
11. NOT modify conditions imposed at the time of site development review
Thanks is advance for your consideration,and I am looking forward to creating an amazing basketball facility in and
for the city of Tigard.
Josiah A.Lake-Owner-Above&Beyond Athletics LLC.
9888914
DEED OF FULL RECONVEYANCE
The undersigned as Trustee or Successor Trustee under that
certain Trust Deed described as follows:
Dated: September 20, 1993 Recorded: September 21, 1993
Fee Number: 93077595 Book/Reel:
Page:
Re-Recorded Under:
County of: Washington
State of: Oregon
Trustor: Alpha Limited Partnership
Trustee or Successor Trustee: Transnation Title Insurance
Company
Beneficiary: Pacific N.W. Properties, Inc. , as Trustee for TKS
Trust
having received from the Beneficiary under said Trust Deed, a
written request to reconvey, reciting that the obligations
secured by the Trust Deed have been fully satisfied, does
hereby grant, bargain, sell and reconvey, unto the parties
d E entitled thereto all right, title and interest which was
heretofore acquired by said Trustee(s) under said Deed of
c .n Trust.
= o
m Date: September 23 , 1998 TRANSNATION TITLE INSURANCE COMPANY
C a Successor To
T It TRANSAMERICA TITLE INSURANCE COMPANY
B
e• :th F.Mayer
State of Oregon
ss
County Of Multnomah
q7 , 19t .
Personally appeared Kenneth F. Mayer who being duly sworn did say that he is the Assistant Secretary of
Transnation Title Insurance Company,a Corporation and that said instrument was signed on behalf of said corporation
by authority of its Board of Directors and he acknowledged said instrument to be its voluntary act and deed.
Before Me
!- OFFICIAL SEAL ks{ 1 &Acktiv-
DEMME BRICKER 11
NOTARY PUBUC•OREOON Notary POI' r Oregon
COMMISSION NO.315181 My Commission Expires:
MY COMMISSION EXPIRES AUG 9,2002 (Seal)
CS DR-KFM(2188)
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UPPER MEZZANINE ''"
The Facility
I
1455 SWt 72nd Ave
I 153 Ft Tlgard,OR.97224 Practice b
Interior Site Plan A
Loge Garage Large Garage
Door n i poor woe..
-e "" .. —
1 i 1 1 open Area I ( 1 I 1 1
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MAIN LEVEL
Sprinkler System
■Office Areas Open Area
Lobby i Seatinq Areas •---• Sprinkler System
■Restroonts
Gym Floor i S port Turf
I II II CITY OF TIGARD RECEIPT
13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 192477 - 07/31/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013-00032 Minor Modification to an Approved Plan- 100-0000-43117 $84.00
LRP
MMD2013-00032 Minor Modification to an Approved Plan 100-0000-43116 $567.00
Total: $651.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 604 AKOWACZ 07/31/2013 $651.00
Payor: Josiah Lake
Total Payments: $651.00
Balance Due: $0.00
Page 1 of 1
Agnes Kowacz
From: Josiah Lake <josiahlake15 @hotmail.com>
Sent: Sunday, August 18, 2013 5:57 AM
To: Agnes Kowacz
Subject: RE: Above & Beyond Athletics
Hey Agnes,
Please see my answers below in Blue.
Thanks for the help,
Josiah
From: AgnesK @tigard-or.gov
To: iosiahlake15 @hotmail.com
Subject: Above & Beyond Athletics
Date: Fri, 16 Aug 2013 20:24:02 +0000
Hi Josiah-
I am working on your minor modification and had a couple of questions:
1. Are you proposing to do any modification to the building (interior or exterior)? No physical modifications. We
did a lot of cleaning and painting. The equipment for the building (basketball floors, basketball hoops, and turf
are all portable).
2. You mentioned that the site has an additional 8 striped spaces behind the John Deere business, I will need to
have a revised site plan showing those and also a letter from you intending to stripe the additional required
spaces. You can also just come into the office and revise the site plan you submitted to me. Ok, i will relay to
the Landlord regarding the John Deere parking spaces, and work on a revised site plan.
3. You were contacting the owner regarding the striping, I just wanted to follow up on where that conversation
went. I left you a voicemail after I spoke to him, and I hope you received it...but the owner was fine with the
updates needed. I will forward him this email so he can see the requests, and get a timetable for completion.
Thank you and have a great weekend!
Agnes Kowacz I Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
503.718.2427
agnesk@ tigard-or.gov
1
Agnes Kowacz
From: Josiah Lake <josiahlake15 @hotmail.com>
Sent: Wednesday, September 25, 2013 9:19 AM
To: Agnes Kowacz
Subject: RE: Above & Beyond Athletics
Attachments: TPF Site Plan Parking v.3.pdf
Good morning Agnes. I hope all is well, and I hope you had a nice long break.
I just wanted to send an update on the parking spaces for 14655 SW 72nd.
While prepping the Landlord and John Deere for the additional 4 parking spaces needed, they discovered
there were 4 stripped spaces that were under some outside storage that was recently moved due to rain. I
attached an updated site plan with the location of the spaces (they are the 4 pink spaces to the right of the 60'
x 125' building).
The common area spaces still need to be striped by Oct. 31st, and I reminded the landlord of that.
Let me know if you have any questions.
Thanks,
Subject: Re: Above & Beyond Athletics
From: josiahlake15 @hotmail.com
Date: Wed, 28 Aug 2013 06:56:31 -0700
To: AgnesK @tigard-or.gov
Ok. Sounds great. Thanks!
Sent from my iPhone
On Aug 27, 2013, at 8:59 AM, "Agnes Kowacz" <AgnesK @ tigard-or.gov>wrote:
Good morning Josiah-
Please see attached decision. Once the work is completed, give me a call and I will go out and take a
look to sign off on the condition. Thank you.
PS. I will be out of the office September 6-24`h.
Agnes Kowacz I Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
1