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MMD2016-00036 MMD2O16 - 00036 Skyhook Fitness NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2016-00036 SKYHOOK FITNESS T I GARD 120 DAYS = April 21, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: Skyhook Fitness CASE NO.: Minor Modification (MMD) MMD2016-00036 PROPOSAL: The applicant is proposing a change of use to a tenant space at 12008 SW Garden Place. The 11,525-square-foot tenant space was previously vacant and will now be occupied by an indoor entertainment use,Skyhook Fitness. APPLICANT: Cody Knope-Jenkins 10640 SE Charlotte Drive Happy Valley,OR 97086 OWNER: Icon Owner Pool 1 West,LLC c/o Kidder Matthews Attn:Jessica Gies One SW Columbia Street,Suite 950 Portland,OR 97258 LOCATION: 12008 SW Garden Place WCTM 25101 BB,Tax Lot 1400 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. MMD2016-00036 Skyhook Fitness 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 12008 SW Garden Place; north of SW Hunziker Road, northeast of SW Garden Place, and west of Highway 217. The subject tenant space is approximately 11,525 square feet in size, and is located within an existing office building (Building 6). The 13.24-acre development site is made up of one tax lot and contains four commercial buildings, landscaping, and 477 parking spaces. The site is zoned General Commercial (C-G). 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: Because the applicant has only proposed a change of use, which primarily affects off- street parking regulations, that is the main focus of this review. The subject 11,525-square-foot tenant space was previously vacant and will now be occupied by an indoor entertainment use, Skyhook Fitness. The 13.24-acre development is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Parking Spaces Percentage Total Parking Spaces Footage Required Required Required Office 40,374 110 100% 110 Bulk Sales 22,516 23 85% 20 Sales-Oriented 20,668 62 70% 44 Retail Indoor 19,530 84 60% 50 Entertainment Motor Vehicle 17,408 18 60% 11 Sales/Rental Repair-Oriented 7,056 24 60% 14 Retail TOTAL 249 Staff finds that 249 parking spaces are required for the subject development, taking into consideration the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is adequate parking at the development site,with 477 parking spaces provided. 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. MMD2016-00036 Skyhook Fitness 2 FINDING: Staff finds that the changes listed in TDC 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 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 DECEMBER 22, 2016 AND BECOMES EFFECTIVE ON DECEMBER 23, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSatigard-or.gov. December 22.2016 APPROVED BY: Lina Smith Assistant Planner MMD2016-00036 Skyhook Fitness 3 n RECEIVED -+ DEC 19 2016 r i City of Tigard CITY OF TIGARD PLANNING/ENGINEERING g COMMUNITY DEVELOP IUNT DIiIARTMENT Minor ModificationTe I AcationTIGq _.. .....-.. c-.+-:../4'F.�.YSri:---..a.e.... 1.ra......r`.GA nM�els..e.:a�•:w..-4-a�-..-a_.,a....�w.... ..1.-.•n PROPOSAL SUMMARY (Brief description) �ti2 i/d�6 ,� ��1jpf / i REQUIRED SUBMITTAL • I/✓�< / lM _ ti.)/..... t Gu`t ELEMENTS r ��, � � � � � """'� 4•.( wnci s titgnature/\C/nncn /4 - .� i Ct, Authorization •0 r a, u..... •f� f •'.A g .. -� , I !� Title Transfer Instrument or Deed — .u,I1 e•,n�l 1 /' — a �� artiite Plan(2 large plans drawn to scale /' and one reduced to 8.5"x I I'.4") Property address/location(s): 'Zc)g st0�(/ ♦12! �/�// (I ApplicanisStatement/Narrative • A 10 I / ( (2 copies)Address cntena in: 'ITN: Ia_ion 5nliI Il Tax map and tax lot #(s): llil Filing Fee 1.3 C f,, Site size: .. .... . .. , iy'.... •. . . .... ..... . .. . .. . Lott STAFF USE ONLY 3r.Rroer Applicant":77 '�'' trwr atm/, C Address: 7(2 0 } �o --/ /.)t. Case No.: M at G ._,l L'I (: C 003 S`• stale: +#� ✓ 4//1/9 1 012 Zip: 9i Related Case No.(s): r1 v0 tc; Application Fee: - 3 co Phone: *53-3 3mail: ��rrj6rf/� :-45 /*- /1_.rJK Application accepted: PROPERTY OWNER/DEED HOLDER(S)* El Same as Applicant By: �' "- Date j 3' - I�) -I l+s Name: /fyt;d� 'pod �rqs� / Application deternuned complete: n Address: 7-u7) i7/,1/fff jf✓c�4(e ,,,/,,,, , 5A.,,23 LS Date: I�ICC�II City/state:TA/(�+0) / -IL Zip: �(,...)C/,/_ t URPLN\MeytenwnC Ut.AVDlpttont Mew 11/1•/}014 Contact name: 64" 7,4 Sea���.�C L 1_G Phone number: 563 —7 2_1 — 2 Zq 3 ��SS�`� .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 l8.ibn.n;nllil or 18 i iU.020(P...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 I APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMEN.TS as described on the front of this application in the"Required Submittal Elements"box. • THE APPLICANTS) SHALL CERTIFY THAT: • •I %..v -. .. , •. . OP III. . ..I I . - . .. .•. • • 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 fn. • c f the subject property required. *se. -4064.. 6�=—/—`• g4 _App ant' ;n re icoolnitgber. � west Dat „Tits 1,74,,,/1140 Ct)Owne a signature Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: *7N . L batcd, ar..) �Naamee: Address X1100 i4�.R�i1ft4/S V IG ,,1&.2r.4 ess: • City/state:` / Zip: City/state: Zip: (& vl", 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 RECEIVED DEC 2 2 2016 Washington County,Oregon 2015-015851 oAw 03/06/2015 03:39:37 PM CITY OF TIGARD Stn=4 K GRUNEWALD PLANNING/ENGINEERING $20.00$11.00$5.00$36,837.00$20.00 $36,893.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex. Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. �8 s • `�r:k, THIS SPACE RES Richard Hobernicht,Director of :i. Assessment and Taxation,Ex-Officio . After recording return to: Skadden, Arps, Slate, Meagher& Flom LLP 155 N. Wacker Drive Chicago, Illinois 60606 Attn: Matea Bozja Until a change is requested all tax statements shall be sent to the following address: IndCor Properties,Inc. c/o Ryan PO Box 460169 Houston, TX 77056-8169 Date: g_ go-2015 .ti c S fool t-(3o o - 17 STATUTORY SPECIAL WARRANTY DEED CWOR Park BC 8, L.L.C., Grantor, conveys and specially warrants to Icon Owner Pool 1 West, LLC, Grantee,the following described real property free of encumbrances created or suffered by the Grantor except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington County, State of Oregon, described as follows: See attached This property is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record as of the date hereof, including those shown on any recorded plat or survey. The true and actual amount of consideration for this conveyance is $'24?8.3[Q `I•W. (Here comply with requirements of ORS 93.030) Page 1 of 2 71-11950 SW Gardcn P1 Statutory Warranty Deed -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. CWOR Park BC 8, L.L.C. By: /�i Name:�/V1/ic/ Xfelr, Title: £•cma-o•e• Yu 2"A' a_ Dated thisr4 day of 4./W/AV,_ 2015. State of New York County of New York, ss`: On the u day of rtko(umf 4 in the year 2015, before me, the undersigned personally 1tr td appeared Neil Klein, the Executivd Vice President— Legal of CWOR Park BC 8, L.L.C., a Delaware wskim.v 961elawerre, on behalf of said Grantor, personally known to me or proved to me on the basis of satisfactory eeonp,ny evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execu •. the instrument. Notary P blit/ rPRICE J.FE1XER Public.State of New VIA No.01FE6318651 Qualified in Queens County Page 2 of 2 0011twiseion Expires Dec.15,2018 Legal Description PARCEL I (PARK 217): LOTS 1, 2, 3 AND 4,CROW PARK 217, IN THE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON. PARCEL IA: TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS CONTAINED IN THE RECIPROCAL EASEMENT AGREEMENT RECORDED AUGUST 26, 1985 AS FEE NO. 85033260.SAID EASEMENT IS FOR THE BENEFIT OF LOTS 2 AND 3 LISTED ABOVE. PARCEL II (LEWIS BUILDING): BEGINNING AT THE SOUTHEAST CORNER OF LOT 4,TIGARD ROAD GARDENS, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON,AND RUNNING THENCE NORTH 20° 10'WEST ALONG THE EASTERLY LINE OF SAID LOT 4,A DISTANCE OF 494.8 FEET, MORE OR LESS,TO AN IRON PIPE ON THE SOUTHEASTERLY LINE OF THAT PORTION OF SW PACIFIC HIGHWAY 99W CONVEYED BY THE STATE OF OREGON, BY DEED RECORDED OCTOBER 26, 1939 IN BOOK 184, PAGE 0539,WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 62'54'20"WEST ALONG THE SOUTHEASTERLY LINE OF SAID PACIFIC HIGHWAY 110.46 FEET TO AN IRON PIPE; THENCE SOUTH 9°29' 10" EAST 253.66 FEET TO AN IRON PIPE; THENCE SOUTH 83°04'30"WEST A DISTANCE OF 50.05 FEET TO AN IRON PIPE; THENCE SOUTH 9°29' 10" EAST 190.35 FEET TO AN IRON PIPE; THENCE NORTH 83°04' 30" EAST 247.2 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO KNAUSS CHEVROLET COMPANY DEED RECORDED JULY 10, 1962 IN BOOK 468, PAGE 0389,WASHINGTON COUNTY DEED RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN DEED TO KNAUSS CHEVROLET COMPANY, RECORDED IN BOOK 456, PAGE 0199,WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 9°29' 10" EAST ALONG THE EAST LINE THEREOF 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 83°04' 30" EAST 20 FEET TO A POINT; THENCE SOUTH 9°29' 10" EAST TO A POINT ON THE SOUTH LINE OF LOT 4,TIGARD ROAD GARDENS; THENCE SOUTH 83°04'30"WEST 70.05 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 9°29' 10"WEST ALONG THE WEST LINE OF SAID LOT4,A DISTANCE OF 190.35 FEET TO A POINT; THENCE NORTH 83°04' 30" EAST 50.05 FEET TO A POINT; THENCE NORTH 9°29' 10"WEST TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT TRACT CONVEYED TO KNAUSS CHEVROLET COMPANY BY DEED RECORDED JULY 31, 1963 IN BOOK 492, PAGE 0250,WASHINGTON COUNTY DEED RECORDS, DESCRIBED AS FOLLOWS: NCS File#694300-72 PART OF LOT 4,TIGARD ROAD GARDENS, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THAT TRACT CONVEYED TO KNAUSS CHEVROLET CO., BY DEED RECORDED JULY 30, 1962 IN BOOK 468, PAGE 0389,WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 09°29' 10"EAST ALONG THE EAST LINE OF SAID KNAUSS TRACT 294.01 FEET TO THE SOUTHEAST CORNER THEREOF WHICH IS ON THE SOUTH LINE OF SAID LOT 4 A DISTANCE OF 53.42 FEET; THENCE NORTH 13'03'30"WEST A DISTANCE OF 295.41 FEET TO A POINT; THENCE SOUTH 83°04'30"WEST A DISTANCE OF 35 FEET TO THE PLACE OF BEGINNING. FURTHER EXCEPTING THEREFROM THAT PORTION ACQUIRED BY WASHINGTON COUNTY FOR PUBLIC ROADWAY BY STIPULATED JUDGMENT RECORDED OCTOBER 6,2011 AS RECORDING NO.2011 069537. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01,2008. PARCEL III: TOGETHER WITH THE EASMENT FOR INGRESS AND EGRESS AS CONTAINED IN DECLARATION RECORDED OCTOBER 22, 1981 AS FEE NO.81035796. R1276327,R1276318,R1276345, R1276336,R1276354, R1276363,R458196 and R458203 NCS File#694300-72 CITY CF TIGARD Approved by Planning i I -%.„-- , dor 1. „ - .1110 * . 44 15f Vesta Corporation d . . i a Care... . .., G--) • -. " , EiD 4. . • ro t..------- sr ° I -) ' . ..to,^ • ..0.- N 1 I N. 4 • .7A t /*A '1 . ,' „•'''' // ..\ <5) A ,. 74;i/ ,..".• 1 <0 C) co/ .1 •••• • " •111 •% . - BMW Mdtorcyc es ' /A 4- • \ of Western Oregon •/\,. . , .• 0 ) Harris Worksystems . y " r. ... _- • , - --/- \ - - \. . -. ------ --- 'Sli. Do e.-4-11 Irtliallir 0 4 ,osolioi::.........41.......811111-ca--- Exoressi:nsr;rin:ing ..1.- 1 ovoist4.4%00, , fr 1 •" iv \ - ... .. . •' if ,. 401 •lik . OP . , '/Or' 1 •- : OCTA,vLab „ , , OlosSae Church . ,. CrossFit Tigard - P.A.W 1 \ 1, .... -, el ' • P , • 1 • ,), . e, • ..)k.' . •• .•‘ • ..0 , 1 444 , .., _.. 4,• 411. . ,. 4," ' . Laboratories, - .:•• , ath AboutaTravel '-, . '4 ' 1..... ' Randstad Manufacturing 0- li ., dba All About TOURS ti , , 3Logistics -..d. , . di i Google — , , a - Ricoh USA. oh Building Tenant Square Footage Use 3 Harris Worksystems 6,449 Bulk Sales 3 Pacific Diabetes Tech. 2,209 Office 3 Image Broadband, Inc. 3,365 Office 3 Jory Software 3,980 Office 3 All About Travel, Inc. 10,020 Office 3 Fast Signs 4,800 Office 3 Community Maintenance, Inc. 4,800 Office 3 Wunderlich-Malec Engineering 4,800 Office 4 Ricoh 3,200 Office 4 Ranstad 3,200 Office 4 CrossFit Tigard PAW 8,005 Indoor Entertainment 5 Expressions Printing 7,056 Repair-Oriented Retail 5 Vacant 20,668 Sales-Oriented Retail 6 Custom Decorators, Inc. 16,067 Bulk Sales 6 Skyhook Fitness 11,525 Indoor Entertainment 6 BMW Motorcycles 17,408 Motor Vehicle Sales/Rental Minor modification applicant's statement/narrative Cody Knope-Jenkins 12/14/2016 City Of Tigard Permit dept. 1. An increase in dwelling unit density, or lot coverage for residential development Not Applicable for this project, since this is commercial, not the building of homes. 2. A change in the ratio or number of different types of dwelling units; Not Applicable for this project, since this is commercial, not the building of homes. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; According to 18.765.030 section D, of Tigard municipal city code, "All other uses at 60% of the vehicle parking required for that use(s) in Section 18.765.060". The maximal number of usable equipment in our facility is at max capacity around 60 people. Given the parking ratio of the park, which is 3 spaces for every 1000 sq ft you are leasing, and we are leasing 11,525 sq ft, and our use type of indoor entertainment we need 49.5 spaces. Given that BMW has 15,000 sq footage, according to minimum requirement for motor vehicle sales it would need 15 parking spaces, and CDI has 22,0000 sq footage the minimum parking spaces requires 59 parking spaces. Around the building alone, there are 128+ spots. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Not applicable to this project. 5. An increase in the height of the building(s) by more than 20%; Not applicable to this project, as the height of the buildings is not changing. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; We are not changing any of the parking lots or access passageways, so this is not applicable. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; We do not expect the increase to exceed 100 vehicles per day, given there will not be an increase of more than 60 people coming per day, as per the original use of space used by BMW which had approximately 20 people coming per day (assumed mix of staff and customers). 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; Site Development Review 18.360-5 AP Update: 2/14 This does not apply because we do not plan to increase the floor space. 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%; We are not allowed to make any changes to the common open space in our lease requirements. 10. 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; b. Screening; and/or c. Landscaping provisions. There will be no changes related to A, B, or C. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of paragraphs 1 through 10 of this subsection. This is not applicable to us, as it is not allowed in our lease language.