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MMD2000-00009 MMD2000 00009 MAGNO HUMPHRIES May 17, 2000 Thelma C. Magno CITY OF TIGARD Magno Humphries OREGON 8800 SW Commercial St. Tigard, OR 97223 Dear Ms. Magno: This letter is in response to your request for Minor Modification (MMD2000-00009) approval to construct a 448 square foot mezzanine and enclose a 461 square foot office space in an existing warehouse located at 8800 SW Commercial Street. The office space and mezzanine are internal. Therefore, the modification will not increase the total square footage of the existing 39,072 square foot building. This property is designated for Central Business District (CBD) within the CBD zoning district. The use of the site is listed as a permitted use for this zoning district. The Tigard Community Development Code, Site Development Review Section, states; "if the requested modification meets any of the major modification criteria, that the request shall be reviewed as a new Site Development Review application." Section 18.360.050.B. states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. No additional parking will be required with the proposed modification. Under CUP95-0002, a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use was approved to be constructed, 18 additional parking spaces were conditioned. The total amount of parking for the entire site was 45 spaces. Currently, the Magno Humphries site has 49 parking spaces. With the addition of a 461 square foot office space, the original warehouse square footage is reduced from 14,300 to 13,839 square feet. Because the parking standard for office use is 2.7 spaces per 1000 square feet, one parking stall is required above and beyond what was originally required. Therefore, the total required parking for the Magno Humphries property is 46 spaces, as mentioned above the site has 49 parking spaces. The proposed mezzanine does not require parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural occupancy type of the existing building is proposed. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 percent. . No increase in the height of the existing building is proposed. Therefore, this standard does not apply. Page 1 of 2 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This request will not require a change in accessways or parking areas where off-site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. No change in traffic to and from the site can be expected. The proposed modification involves interior rearranging to accommodate usage needs. Therefore, this standard does not apply. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The net increase of floor area for this modification is 0 square feet. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There is no area reserved for common open space. Therefore, this standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. There is no reduction of project amenities in the proposed expansion. Therefore, this standard does not apply. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above. None of the proposed modifications have altered the original conditions set forth in the original approval. Therefore, this standard has been met. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 317. Sincerely, ,i1,. Mathew Scheidegger Assistant Planner \curpl\Mathew\minmod\MMD2000-00009 c: MMD2000-00009 Land Use file CUP 95-0002 Land use file Magno Mod/MMD2000-00009 Page 2 of 2 APPLICANT MATERIALS U4/GO/4A1 14:L1 4.24t.0.0 oO•e i i i 1.111 Ur 11bAri1) tkiUUL/I,Ub- e Ili :i A MINOR MODIFICATION ,ti.i TYPE I APPLICATION CITY OF TIGAItD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFQBMATIQN PRE-APP.HELD WITH: Property Address/Location(s): a DATEOF PRE-APP.: Tigard, OR 97223 _ Tax Map&Tax Lot#/(s): Tax Map # 2 s 1D 2AD T — "1 ` .. rt ���` tier-�j,�_ cl;Ll Site Size: 8 3 f. Property Owner/Deed Holder(s)*: Thelma C Magno • Address: 8800._SW Commercial Phone:503-684-5464 City: Tigard, QR Zip: 97223 ; - ,A. ,.:. Plicant•: m •-. a C ma i �-- - "--��- Address: 00 SW Cnmemrci_al Phone:503-684-5464 I ' ` " ` ``t�(`•r•= City Tigard, OR Zip: 97223 ..•,.,_.,,,: ,:. ' -;,s When the owner and the applicant are different people, the applicant ���°'r`.�,`o,', . -'-r ,' _T _ ., must be the purchaser of record or a lessee in possession with written 11 • . .r• 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 4,, form or submit a written authorization with this application. .i- .,.,i'Ti-;J t e rr ,r)f.+i_f PROPOSAL SUMMARY ' =M The owners of record of the subject property request permission for a `�.t.; eeqq Gorr}?. , 1 o�c] L1=-AIr}_j . Minor Modification. To review a modification as a Minor _ r; • Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed within Section 18.120.070(8) of the Tigard Development Code. If the modification ' c�.' .� = �, exceeds the maximum allowed under any one or more of the - a following criteria, a Major Modification review is required. Major r1 " rti' ..1?( =lr)ei i ?r ;r Modifications are processed in the same manner as a new Site . Development Review. In a separate letter, please address the criteria below contained in Section 18.360.050(8) including a detailed res.a nse to each criteria. ,, _, -:-.. , , ,, I. Ao',imam is dwetlieg van dual;or let coverage for resdeaeai developmeac • 2- A change is rise rata or number of different types of dwelling oohs. ---- -- — - — __ 3. A duttge sltat requires additional on-site parking io acoodanci with Chapter DIAS. REQUIRED SUt3Mf ,_�LEMENTs L A dciege ie cite type of tst+tmsserdal or industrial i cnir s u defined by the Uniform loading(ode S. An increase is the height of the baiding(s)by more than 20%- 6. A change io the type and locative of ucessrays and parking areas where off-site traffic wield be gear!. ]- An increase in vehicular traffic to and from the site and increase an be expected to exceed 100 eehida per day. ✓ Application Elements Submitted: e iegtase fce a Roar area proposed fora fora-resideaual me by more than iW.exdudieg c>gramions tinder Application Form 4. A reduction is the ary reserved for common open space and/or usable open span dim Mums the open space ❑ Owner's Signature/Written Authorization area below the minimum required by this code or reduces the open space area by more than tea percent. tq� IC. A reduction of proles amenities (recreational banes,weeaing. and/or, landscaping pro•aiont) below the .tgl Title Transfer Instrument or Deed minimum ereablahed by di code or by more than Ifm where specified in the site plan. ❑ Site Development Plan (3 copies) 11. A 'rogation to the conditions imposed at the time of Site Development Review approval that are not the wbjea of Criteria I through 10 above. ❑ Site/Plot Plan (reduced 8'/e"x 11-) In addition, t----he Director must find that the roposed change coo tes El Applicant's Statement with the underlying standards of the applicable zoning district. To (Addressing Criteria Under Section 18.380.05018) complete this review, the Applicant's proposal must include a discussion indicating how the site expansion will continue to comply Filing Fee$100.00 with the minimum setback, building height, parking land landsca ing standards. Other applicable requirements such as minimum Clear Vision areas near driveways and street intersections may also be applicable depending on where the building expansion is proposed to be constructed on the site. ff C t 1 c `��� Y('C II IM(J �" Pk", (- 11 , y 04/Z6/00 . i4:L4 (YUU. 004 'r Lb, (,11Y ur LIUM1L ui,•�- uu5 :1 APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIREQ SUBMITTAL ELEMENT§ 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 of Land Use types Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request doe not violate any deed restrictions that] ay be attached to or itapose� upon the suj21ect progerty. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to at 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 ea owner of the subject property. DATED this 1st day of May - 2000 1/L-6/' • Owner's Signature Owner's Signature Thelma C Magno Owner's Signature Owner's Signature 2 MAGI" HUIJ1RHRIES 0 • Laboratories, Incorporated 8800 SW Commercial Street •Tigard,OR 97223 P.O. Box 230626 •Tigard,OR 97281 Phone(503)684-5464 • Fax(503)639-3161 5/10/2000 To Whom it may concern, This letter is regarding the proposed expansion for Magno-Humphries Labs, Inc. required by the City of Tigard to be submitted. 1. An increase in dwelling unit density or lot coverage for residential development. • The proposal does not involve residential development, therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. • This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. • The required parking for this use is one space per square feet of gross floor area. With the addition of 0 square feet, the building will equal 39,072 square feet. Therefore, 49 additional parking is required for the project. The plans indicate a total of 49 parking spaces will be provided with the project, in compliance with the minimum standard. 4. A change in the type of commercial or industrial structures are defined by Uniform Building Code. • No change in the structural occupancy type of the building is proposed. Therefore, this criteria is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. • No increase in the height of the existing building is proposed. The proposed expansion will match the height of the existing building,thereby satisfying this criteria. 6. A phange in the type and location of accessways and parking areas where off-site traffic would be affected • This request will not require a change in accessways or parking areas where off-site traffic would be affected. In compliance with this criteria. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. • The proposed expansion does not affect any vehicular traffic to and from the site and therefore satisfying this criteria. Pharmaceuticals and OPTIMUM® Dietary Supplements www.magno-humphries.com MAGI!" HUI11PHRIES 14 Monitories, Incorpornted 8800 SW Commercial Street •Tigard,OR 97223 P.O.Box 230626 •Tigard,OR 97281 Phone (503)684-5464 • Fax(503)639-3161 V� 8. An increase in the floor area proposed for non-residential use by more than ten percent excluding expansions under 5,000 square feet. • The modification will increase the floor area from 39,072 square feet to 39,072 square feet. The net increase is a total of 0 square feet or 0%,therefore, this standard has been satisfied. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space area by more than ten percent. • There is no reserved for common open space,therefore,this standard does not apply to the proposal. 10. A reduction of project amenities(recreational facilities, screening, and/or landscaping provisions) below the minimum established by this code or by more than ten percent where specified in the site plan. • There is no reduction of project amenities in the proposed expansion,therefore,this standard does not apply to the proposal. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of criteria 1 through 10 above. • The applicant has provided findings that demonstrate the modification will not preclude conformance to the original Site Development Review's Conditions of Approval, satisfying this criteria. Our proposed expansion is to change existing warehouse space to office space. Since ely, Thelma Magno President, Owner Magno-Humphries Labs, Inc. Pharmaceuticals and OPTIMUM® Dietary Supplements www.magno-humphries.com 5-11-2000 10:49AM FROM BANK OF THE NW 583 417 8889 P.2 PROMISSORY NOTE..- irlstAccrind from princes s > oartteRa Matt U ��( Acnuil# Officer ln�tkls References In the shaded area are for Lender's use only and do not Omit the appticabmty of this document to any particular loan or item. Borrower: MAGNO,LI.C. Lender. BANK OF THE NORTHWEST MOO SW Commercial Street 6611 SW FIFTH AVENUE,SUITE 600 Tigard,OR 97223 PORTLAND,OR 97204 Principal Amount: $1,344,000.00 Initial Rate: 8.360% Date of Note: September 17, 1999 PROMISE TO PAY. MAGNO,Ll.C.("Borrower")promises 10 pay to BANK OF THE NORTHWEST("Lender"),or order,In lawful money of the United States of America,the principal amount of One Million Three Hundred Forty Four Thousand&00!100 Dollars($1,344,000.0),together with Interest on the unpaid principal balance from September 17,1999,until paid In tuft. PAYMENT. Subject to any payment changes resulting from changes In the Index,Borrower will pay this loan In 119 regular payments of $13,167.17 each and one Irregular last payment estimated at $667,06723. Borrower's first payment Is due November 1, 1999, and all subsequent payments are due on the same day of each month after that. Borrower's final payment due October 1,2009,will be for all principal and all accrued Interest not yet paid. Payments Include principal and Interest. Interest on this Note is computed on a 30/360 simple interest basis;that is,with the exception of odd days in the first payment period,monthly interest is calculated by applying the ratio of the annual interest rate over a year of 360 days.multiplied by the outstanding principal balance,multiplied by a month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. Unless otherwise agreed or requited by applicable law,payments will be applied tirst to any unpaid collection costs and any late charges,then to any unpaid interest,and any remaining amount to principal. VARIABLE INTEREST RATE. The interest rate on Thus Note Is subject to change from time to time based on changes In an index which is the Treasury Constant Maturities Rate(the'index). The interest rate shall be adjusted on each Adjustment Date. The"Treasury Constant Maturities Rale'shad mean the U.S.Government Securities adjusted to five year Treasury constant maturities.averaged for a calendar week,calculated for each business day by the U.S.Treasury Department and presently reported weekly in Federal Reserve Statistical Release H15."Adjustment Date"shall mean the first day of the fest full calendar month that occurs sixty(60)months from the dale of this Note,end on the same clay of each sixty(60)month period thereafter. If the Index becomes unavailable during the term of this loan,Lender may designate a substitute Index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each fifth year. The index currently is 5.360%per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 3.000 perdentage points over the Index,adjusted It necessary for the minimum and maximum rate limitations described below,resulting in an Initial rate of 5.360%per annum. Notwithstanding any other provision of this Note, the variable Interest rate or rates provided for in this Note will be subject to the following minimum and maximum rates. NOTICE: Under no circumstances will the interest rate on this Note be less than 8.000%per annum or more than the maximum rate allowed by applicable law. Whenever Increases occur in the Interest rate,Lender,at its option,may do one or more of the following: (a)Increase Borrower's payments to ensure Borrower's loan will pay off by Its original final maturity date, (b)Increase Borrower's payments to cover accruing interest, (c)Increase the number of Borrower's payments,and (d)continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Upon prepayment of this Note.Lender Is entitled to the following prepayment privilege penalty: Three percent(3%) of the amount prepaid in years one and two;Two percent(2%)of the amount prepaid In years three and four;One percent(1%)of the amount prepaid In year five;Three percent(3%)of the amount prepaid In years sic and seven;Two percent(2%)of the amount prepaid In years eight and nine;and One percent(1%)of the amount prepaid In year ten. No prepayment penalty will be charged In months 58,59,60,11a,119 and 120. Except for the foregoing.Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not,unless agreed to by Lender in wilting,relieve Borrower of Borrowers obligation to continue to make payments under the payment schedule. Rather.they will reduce the principal balance due and may result In Borrower making fewer payments. LATE CHARGE. It a payment Is 16 days or more late,Borrower will be charged 5.000%of the regularly scheduled payment. DEFAULT. Borrower will be In default if any of the following happens: (a)Borrower tads to make any payment when due. (b)Borrower breaks any promise Borrower has made to Lender,or Borrower fads to comply with or to perform when due any other term,obligation,covenant,or condition contained in this Note or any agreement related to this Note,or In any other agreement or loan Borrower has with Lender. (c)Borrower defaults under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement,In favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d)Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading In any material respect either now or at the time made or furnished. (a)Borrower dissolves(regardless of whether election to continue Is made),any member withdraws from Borrower,any member dies,Or arty of the members or Borrower becomes insolvent,a receiver is appointed for any part of Borrower's property.Borrower makes an assignment for the benefit of creditors,or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f)Any creditor tries to take any of Borrower's property on Or in which Lender has a lien or security interest This includes a garnishment of any of Borrower's accounts with Lender. (g)Any guarantor des or any of the other events described in this default section occurs with respect to any guarantor of this Note. (h)A material adverse change occurs In Borrowers financial condition,or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (I)Lander in good Path deems itself insecure. LENDER'S RIGHTS. Upon default,Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due,+m hout notice,and then Borrower will pay that amount. Upon default,Including failure to pay upon final maturity,Lender,at its option.may also,if permitted under applicable law,Increase the variable interest rate on this Note to 11.000 percentage paints over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes,subject to any limits under applicable law,Lender's attorneys'fees and Landers legal expenses whether or not there is a lawsuit,including attorneys'fees and legal expenses for bankruptcy proceedings(including efforts to moCty or vacate any automatic stay or Injunction),appeals,and any anticipated post-tudgmenl collection services. If not prohibited by applicable law,Borrower also wi pay any court costs,in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender In the State of Oregon. If there Is a lawsuit,Borrower agrees upon Lender's request to submit to the iurlsdlctlon of the courts of Multnomah County, the State of Oregon. Lender and Borrower hereby waive the right to any Jury trial In any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed In accordance with the taws of the State of Oregon. DISHONORED ITEM FEE. Borrower wit pay a fee to Lender of S20.00 It Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays rs later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in.and hereby assigns,conveys,delivers,pledges,and transfers to Lender as Borrower's right,title and interest In and 1o,Borrower's accounts with Lender(whether checking,savings,or some other account),including without Imitation all accounts held jointly with someone else and all accounts Borrower may open In the future,excluding however an IRA and Keogh accounts,and an trust accounts for which the grant of a security Interest would be prohibited by law. Borrower authorizes Lender,to the extent Permitted by applicable law, to charge or setoff all surri3 owing on this Note against any and all such accounts, and, at Lender's option, to admirrSfrahvely freeze all Such accounts to a low Lander to protect Lenders charge and setoff rights provided on this paragraph. COLLATERAL. This Note is secured by,In addition to any other collateral,a Deed of Trust and an Assignment of All RentS dated September 17,1999, to a trustee In favor of Lender on real properly located In Washington County,State of Oregon,all the terms and conditions of which are hereby Incorporated and made a part of this Note. TIME IS OF THE ESSENCE. Time is of the essence In the performance of this Promissory Note, GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing Them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,protest and notice Of dishonor. upon any change in the terms 01 this Note,and unless otherwise expressly sated In wilting,no party who signs Ihis Note,whether as maker, guarantor,accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan,or release any party or guarantor or collateral,or Impair,fail to realize upon or perfect Lender's security Interest in the colalerai and take any other action deemed necessary by Lender without the consent of or notice to anyone. Al such parties also agree That Lender may rrodry this loan without the consent of or notice to anyone other than the party with whom the modification is made. UNDER OREGON LAW MOST AGREEMENTS PROMISES AND COMMITMENTS MADE BY US (LENDER AFTER FAMILY CEOR HOUSEHOLD PURPOSES OR SECURED SOLELY BYYTTHE BORROWER'S ESIDENCE MUST BEEIIti WRmNG,EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. 5-11-2000 10:50AM FROM BANK OF THE NW 503 d17 8889 F. 3 09-17-1999 PROMISSORY NOTE Page 2 Loan No 9140522103 (Continued) PRIOR TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE,INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: MAGNO C. • BY: r etc a_.»�. ..:_ ``. ma Mapno,M. .• .. Var UOla Bala.Balloon. LASER PRO.Ras.U.S.Pat.&T M.Off.,Var.12&2 I')1 NM CFI ProSarvlce$,In.AI rights rasarvao.IOR-020 MAONO.1.N R1.OVLI • \ • •