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
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PROPOSAL SUMMARY (Brief description)
�ti2 i/d�6 ,� ��1jpf / i REQUIRED SUBMITTAL •
I/✓�< / lM _ ti.)/..... t Gu`t ELEMENTS
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Ct, Authorization
•0 r a, u..... •f� f •'.A g .. -� , I !� Title Transfer Instrument or Deed — .u,I1 e•,n�l
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/' — 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:
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Applicant":77 '�'' trwr
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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.
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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
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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.