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MMD2017-00020 NOTICE OF TYPE I DECISION 1111 MINOR MODIFICATION MMD2017-00020 1131 CYCLEBAR T I GARD 120 DAYS = September 19, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: Cyclebar CASE NO.: Minor Modification(MMD) MMD2017-00020 PROPOSAL: The applicant is proposing a change of use to a tenant space at 12284 SW Scholls Ferry Road. The 3,459-square-foot tenant space will be changing from an eating and drinking establishment to an indoor entertainment use (Cyclebar). APPLICANT: CDS Development Attn:Helen Mapplebeck 14901 Quorum Drive,Suite 310 Dallas,TX 75254 OWNER: FW OR-GREENWAY TOWN CENTER,LLC c/o Regency Centers,LP Attn:Ryan Sexton 5335 SW Meadows Road,Suite 295 Lake Oswego,OR 97035 LOCATION: 12284 SW Scholls Ferry Road;WCTM 1S134BC,Tax Lot 300 ZONING DESIGNATION: C-G (PD): 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. MMD2017-00020 Cyclebar 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 south of SW Scholls Ferry Road, east of SW North Dakota Street, and west of SW 121" Avenue. The subject property is a 3,459-square-foot tenant space (12284 SW Scholls Ferry Road) located within the Greenway Town Center. The 7.64-acre shopping center was approved as a Planned Development by the City of Tigard Planning Division in 1993 (Case Nos. PDR93-0004, SDR93-0006), and is made up of one parcel with multiple commercial buildings, landscaping, and associated parking. 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 change of use is from an eating and drinking establishment to an indoor entertainment use. The 7.64-acre Greenway Town Center is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in FDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Square Parking Spaces Percentage Total Parking Use Category Footage Required Required Spaces Required Sales-Oriented Retail 68,795 206 100° 207 Indoor Entertainment 6,564 28 85 24 Fast Food Eating& Drinking Establishment 5,538 39 70% 28 Eating& Drinking Establishment 4,395 40 60° 2-4 Personal Services 3,500 9 60°0 6 Medical/Dental Office 3,105 12 60 8 TOTAL 297 Staff finds that 297 parking spaces are required for the entire shopping center, 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 318 parking spaces provided. MMD2017-00020 Cydcb ti 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 1DC 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 JUNE 1, 2017 AND BECOMES EFFECTIVE ONJ UNE 2, 2017 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(a,tigard-or.gov. 411111w- / June 1,2017 APPROVED BY: Lina Smith Assistant Planner MR-11)2017-00020 Cyclebar 3 ? n RECEIVED limi City of Tigard MAY 2 2 2017 COMMUNITY DEVELOPMENT DEPARTMENT ' . A-Tri)5,,,c6G4RD TIGARDMinor Modification Type Ipa, NG PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Request for a Type I Minor Modification to change 3,459 SF ELEMENTS lease space from a restaurant use to an A-3 Use for a spin /-"l�j owner's Signature/Written cycle class fitness studio. Authorization Title Transfer Instrument or Deed Site Plan(2 large plans drawn to scale and one reduced to 8.5"x111/2") Property address/location(s): 1228q SW Scholls Ferry Road p Applicant's Statement/Narrative (2 copies)Address criteria in: Tigard, OR 97223 TDC 18.360.050.8.I 11 Tax map and tax lot #(s): 1S134BC00300 Filing Fee Site size: 7.86 Acres FOR STAFF USE ONLY Applicant': Helen Mapplebeck/CDS Development (Agent) Case No.: /U/!/'t j/-3" — CMO Address: 14901 Quorum Drive, Suite 310 Dallas, TX Related Case No.(s): City/state: Zip: 75254 0006 214-461-9659 hma lebeck@cdsdevelo ment.com Application Fee: Phone: Email: PP P Application accepted: h^��� By: h.S Date: c/''c"`7►, PROPERTY OWNER/DEED HOLDER(S). ❑Same as Applicant Name: FW-OR Greenway Towncenter LLC do Regency Centers LP Application determined complete: Address: 5335 SW Meadows Suite 295 By: 1...-2 Date: a City/state: Lake Oswego,OR Zip: 97035 I:\CURPLN\Masters\Land Use Applications Rev.11/24/2014 Contact name: Ryan Sexton ryansexton@regencycenters.com Phone number: 503-603-4700 •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 18.360.1)31))li; or I .3311.Ii21)(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 • wwwtigard-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 APPLICANT(S) 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 -ach owner of the/ bject property required. ' IL' = _' Helen Mapplebeck 4/11/17 pplicant's signa e Print name Date ONon C-MWr•CW�.�.1� Ryan Sexton r ""° ""� Ryan Sexton 4/11/17 D.201704 12 10 x 130TOP 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 2007-092129 • 08/22/2007 03:08:36 PM DMA Cnt=2 StnoB C PFEIFER 11 RECEt'\/ED1ft11 55.00 f5.00 511.00 520.00-Total=588.00 I Hil I I VIII VIII I II 111111'IIB "�" 34!30 WHEN RECORDED RETURN TO: MAY 2 2 t J 1 1 01157034200700921290050053 Pilchard hoe.rn,cht Director of Aaa.aam.nt and ;c, '^'� -0 Taxation and E. Rlclo County Crura for Washington « LandAmerica Commercial Svcs. County Oregon,do monody Wiry +; 1015 15th STreet, NW 1300 CITY OF TIGARD Instrument of wrI'9 WOO received end recorded In the l' t PLANNING/ENGINEERINex°'r.drda orad cdur �I Washington. DC 20005 Rlch.rd Taxationnicht,olr.dtdr�a ent end .Es-0trlclo County Cara Attn: Robin D. ALsop G.'&/+/c 2.} 33-7-00S1 -000 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Loan No.: 502852512 Regency Portfolio-Greenway Town Center,OR ASSIGNMENT OF DEED OF TRUST AND SECURITY AGREEMENT a THIS ASSIGNMENT OF DEED OF TRUST AND SECURITY AGREEMENT (this "Assignment"), is made and entered into as of the t day of Hi,Mri.% , 2004 by WACHOVIA BANK, NATIONAL ASSOCIATION, having an office at Commercial Real -I Estate Services, 8739 Researck Nye URP - 4, NC 1075, Charlotte, North Carolina 28262 ("Assignor"), in favor of SA.LUL..b 14 b a e. ,having o an office at S A,VX Obi fi� ("Assignee"). U WITNESSETH 2 WHEREAS, Assignor is the present legal and equitable owner and holder of a note, dated as of March 1, 2006 executed by FW OR-GREENWAY TOWN CENTER, LLC, a Delaware limited liability company ("Borrower"), and made payable to the order of Assignor in the stated principal amount of Ten Million Three Hundred Seventy Five Thousand and No/100 Dollars ($10,375,000.00) (the "Note"), which is secured by, among other things, the Security Instrument (as hereinafter defined) on that certain real property situated in the County of Washington and State of Oregon as more particularly described on Exhibit A annexed hereto and made a part hereof(the "Premises");and WHEREAS, the parties hereto desire that Assignor assign to Assignee, its successors and assigns,all of Assignor's right, title and interest in and to the Security Instrument. NOW, THEREFORE, in consideration of the premises above set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, Assignor and Assignee hereby covenant and agree as follows: 1. Assignment. Assignor does hereby transfer, assign, grant, and convey to Assignee, its successors and assigns, all of the right, title and interest of Assignor in and to that certain Deed of Trust and Security Agreement, dated as of March 1. 2006 from Borrower to Law yers Title Insurance Corporation, as trustee for the benefit of Assignor (the "Security NCLIB 1224833.1 Instrument"), encumbering the Premises, together with the notes and bonds secured thereby and recorded in the Washington County Clerk's office in Book at Page k . Furthermore. Assignor does hereby grant and delegate to Assignee, its successors and assigns, any and all of the duties and obligations of Assignor under the Security Instrument from and after the date hereof: 3/3/zoogp 2. Representations and Warranties of Assignor. This Assignment is an absolute assignment. This Assignment is made without recourse, representation or warranty, express or implied. 3. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the state in which the Premises is located. 4. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5. Partial Invalidity. Each provision of this Assignment shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Assignment or the application of such provision to any person or circumstances shall, to any extent. be invalid or unenforceable, then the remainder of this Assignment, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability. -2- IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date above first written. ASSIGNOR: WACHOVIA BANK,NATIONAL ASSOCIATION Name: Renee D. Sides Title: AVP STATE OF piltAdi W./AA) �� ,,�) ss.: lU�, COUNTY OF PC�1.A1''7 ) � ` n this 3 day of , 204,personally appeared ,p � d S•d� the !V Y K of Wachovia Bank, National Association, a national banking association, duly authorized, signer and sealer of the foregoing instrument,who acknowledged the same to be his free act and deed, and the free act and deed of said association,before me. G/ w p� Notary Public My commission expires /J/ „r q S/ L WILSON NOTARY PUBUC "! MECKLENB ; M cornissia+E>Pt % NCLB 1224833 Greenway Town Center,OR EXHIBIT"A" Part of the Northwest one-quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian. in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the point of intersection of the North right of way line of Springwood Drive, extended, and the East right of way line of S.W. 122nd Avenue (now vacated), said point lying North 89°54'50" East 1,077.94 feet and North 0°05'42" West 635.10 feet from the West one- quarter corner of said Section 34; thence North 89°52'27" East 4 feet; thence North 0°05'45" West parallel with the West right of way of said avenue, 150 feet to a point; thence South 89°52'27" West parallel to the center line of Springwood Drive, 44 feet to a point on the West right of way of said avenue(now vacated); thence North 0°05'45" West 180 feet along said right of way to a point; thence North 89°52'27" East 20 feet parallel to the center line of Springwood Drive to a point on the center line of said avenue (now vacated); thence North 0°05'45" West 276 feet on and along said center line to a point on the South right of way of Scholls Ferry Road, being 50 feet from center line thereof; thence South 84°22'18" West on and along said South right of way of Scholls Ferry Road, 577.71 feet to an iron rod; thence South 0°05'45" East 550.61 feet to an iron rod on the North right of way line of Springwood Drive, being 25 feet from center line thereof; thence North 89°52'27" East on and along said North right of way line 595.02 feet to the point of beginning. TOGETHER WITH those certain easement rights as set forth in the Declaration of Restrictions and Grant of Easements, dated May 11, 1979 and recorded June 22 1979, under Recorder's Fee No. 79 24332, Washington County Records, as modified by the Addendum thereto, recorded March 28, 1980,under Recorder's Fee No. 80010910 of said records. EXHIBIT B ASSIGNEE LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C24, WHOSE OFFICE IS LOCATED AT 135 SOUTH LASALLE STREET, SUITE 1625,CHICAGO, ILLINOIS 60603 RECEIVED MAY 222017 CITY OF TIGARD PLANNING/ENGINEERING Greenway Town Center 9 12220 SW Scholls Ferry Road,Tigard,OR 97223 Center Size:93,101 SPACE TENANT SF �gE 31str -...,, 12150 HAVA JAVA v`�. —KR. 12220 WHOLE FOODS 37.500 SF lib RITE 12230 RITE AID 12.000 SF Wil12244 DOLLAR TREE 12.000 SF FOODS 12260 MBS NAILS 1.750 SF j __ lmI 17230 17211 IND _— 12262 ADVANTIS CREDIT UNION 1.750 SF 17780 12264 DIAMOND WIRELESS VERIZON 2,295 SF 172@ ' 12266 PACIFIC DENTAL SERVICES 3.105 SF NAT12254 I—verizo1' 12268 ORANGETHEORY FITNESS 3.105 SF 1121 i: 12272 CREENWAY PUB 4.395 SF 12180 _)8D9.theo f 12280 LITTLE CAESAR'S PIZZA 2.100 SF ,• 12282 BURGERVILLE SIGNATURE 2.025 SF NAP 17172 12288 COLD STONE CREAMERY 1.128 SF um a—P•���� 172{2 6— NAP 1 EZZP 4 Proposed CycleBar NAP / ® Per City, approved 1. ' COIOSTONE address is 12284, / not 12286 Q L Av.,L_43_E L_LEASED _NAP(N0-A PAR- , Regency Kalin Berger t. 503 603 4722 Apr 112017 Centers. Leasing Contact s KalinBerger#RegencyCenters.com 'Ps Fre 01^snolt New:no 69.19 or orwee 25 C N.lam1,der.,'I;'r 7,.. -I..de r.rrter ad.., :.rer drys ca'o ed,rr dreew.d^e mete,erE or dee 3,30C J,i,ItC ncnm.ran crq'k rrwro.errerrs ere.aL..esNrfies ad;;c's a^a deklon al to CCMm,Yd,dr alry;ne•nnerin wry+.,m ea n neer,'ren made,lr,,eaon. CITY OF ►IGARD Approved by Planning Date: (_Il h-4-- Initials: 1--s Greenway Town Center RECLVED 12220 SW Scholls Ferry Road, Tigard, OR 97223 MAY 1 2 2017 Center Size: 93,101 CITY OF TIGARD PLANNING,ENGINEERING SPRINGWOOD DR SPACE TENANT SF 1 t .® 31./S--(71 8 SF 12150 HAVA JAVA ca /SF 12220 WHOLE FOODS 37,500 SF RITE �`, 12230 RITE AID 17,000 SF WHbLE AID 12244 DOLLAR TREE 12,000 SF FFOODSDOLLAR TREE 12260 M&S NAILS 1,750 SF 12220 12230 12244 12262 ADVANTIS CREDIT UNION 1,750 SF 12260 12264 DIAMOND WIRELESS VERIZON 2,295 SF 12262 12266 PACIFIC DENTAL SERVICES 3,105 SF W > 12264 •S verizonv' Q NAP 12268 ORANGETHEORY FITNESS 3,105 SF I— tn 12266 ef. PACIFIC 12272 GREEN WAY PUB 4,395 SF F., ... 12268 O anR1' 12280 LITTLE CAESAR S PIZZA 2,100 SF cn • M ■ ! • ♦_ o'°"� 12282 BURGERVILLE SIGNATURE 2,025 SF 12272 'c NAP ,rc, 12288 COLD STONE CREAMERY 1,128 SF 12280 ~glaa(Alrr}0, 12282 amaaurrctr NAP 1228 pp `If nr�y. 1�1151 � 12288 i-40 Proposed CycleBar NAP Per City, a roved p Pp t '''' ‘., PYLON/ COO STONE address is 12284, PYLON SW�SCHOLLS FERRY RD not 12286 ® CITY OF TIGARD Approved by Planning ®AVAILABLE ❑LEASED ❑NAP(NOTA PART) Date: _______Ulja_ Initials: _________2---- 1 L 1 of 1 Regency" Kalin Berger 503 603 4722 Apr 11 2017 Centers. Leasing Contact KalinBerger©RegencyCenters.com "his site plan is not a representation,warranty or guarantee as to nice,location,identity of any tenant,me suite number,address or any other physical indicator or parameter of the property and for use as approximated information only.The improvements are subject to changes,additions,and deletions as the architect,landlord,or any governmental agency may direct or determine in their absolute discretion. RECEIVED ..CDS MAY 222017 Consolidated Development Services CITY OF TIGARD P1 ANNWC,IFNGINFFRINn May 12,2017 City of Tigard Attn: Lina Smith 13125 SW Hall Boulevard Tigard,OR 97223 RE: Narrative Minor Modification for: CycleBar—Greenway Town Center 12284 SW Scholls Ferry Road,Suite A Tigard,OR 97223 Dear Ms. Smith: The Tenant and Property Owner seek to obtain a Type I Minor Modification to mobilize the tenant in the existing building located at the property described above. The existing commercial structure on site is a one-story building with lease space. The proposed tenant is a spin cycle class fitness studio, and it seeks to occupy 3,459 SF at 12284 SW Scholls Ferry Road in the Greenway Town Center on the first floor. No exterior modifications are proposed for the conversion. The existing building height,setbacks and square footage will not be affected. The evaluation criteria for a Minor Modification for City of Tigard Municipal Code Section 18.360.050.B.1-11 to determine that this project qualifies are addressed below: 1. This is not a residential development,therefore is not applicable. 2. No additional on-site parking stalls are required for this application. 3. A change in the type of commercial structure is not proposed or required. 4. The existing building height is not affected by this proposal. 5. No change is proposed to the type and location of access ways and parking areas for off-site traffic. 6. The proposed tenant would occupy existing building area. No additional square footage is proposed. 7. The existing common open space is not reduced below the minimum required or by 10%of this proposal. 8. The proposed use of the building would not increase vehicular traffic exceeding 100 vehicles per day. 9. No changes are proposed to the project amenities. 10. No known changes are proposed to the prior conditions of approval for this site. Thank you for your consideration of this proposal. cerely, 490 Helen Mapplebeck Property Development Coordinator 14901 Quorum Drive,Suite 310 Dallas,TX 75254 972-850-0816 RECEIVED AC DS MAY 222017 CITY OF TIGARD Consolidated Development Services PLANNING/ENGINEERING TRANSMITTAL TO: City of Tigard Permit Center Attn: Lina Smith 13125 SW Hall Blvd. Tigard,OR 97223 503-718-2421 FROM: Helen Mapplebeck DATE: May 18, 2017 I'ROJECT: Cyclebar-Greenway Town Center 12284 SW Scholls Ferry Road,Suite A Tigard,OR 97223 Re: Minor Modification Application Project# C160534 Qty. Item 1 Completed Minor Mod application 1 Copy of Deed 2 Copies of Site Plan showing all tenants in the building, square footage and parking 1 Applicant's Statement 1 Plan review check for$300.00 If you should have any questions, please let us know. Regards, Helen Mapplebeck Property Development Coordinator CONSOLIDATED DEVELOPMENT SERVICES 14901 Quorum Drive Suite 310 Dallas,Texas 75254 Office: (214)461 9659 Cell: (214)385 0122 Fax: (469)916 7375 email: hmapplebecka.cdsdevelopment.com CDS—Consolidated Development Services 14901 Quorum Drive•Suite 300•Dallas,TX•75254 Phone: (972) 850-0816• Fax: (469)916-5375