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Home My WebLink AboutApplication APPLICANT 8/15/2022ICity of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Non -Conforming Use - Expansion/ Mod if ication SPRINGFIELD I& *# Required Project Information (Applicant., Applicant Narre: Dan L ... 1 complete this section) 7Phon754190B-1425 Company: Wilv.t South, LLC iFax: Address: 444 B Street, Sprinqfield, OR 97477 Applicant's Rep.: Kurt Albrecht, A1A lPhone: 541-4B5-3315 Company: Albrecht ArBhiteSture LLC iFax: Address: 2740 Willanette Street, Euqene OR 97401 Property Owner: Dan fewer lPhone: 541-90B-1425 Company: Red Vikinq H.1dinq., LLC iFax: Address: 5305 W Wintercreek Drive, Corvallis OR 97330 ASSESSOR'S MAP NO: 27-03-35-24 ITAXLOTNO(S): 24400 Property Address: 444 B Street, Sprinqfield, OR 97477 Size of Property: 0. 4 Description of If you am filling in this fom by hand, please attach your proposal description to this application. Proposal: Add fenced outdoor areas for dog exerciBe (Bee attached narrative) Existing Use: Veterinary HoBpital Siqnatures: Please sign and Drint Mour name and date in the Required Project Information (City Intake Associated Applications: wDroDriate Staff. box on the next pace. complete this section) Signs: Case No.: Date: Reviewed by: Application Fee: $ �Technical Fee: $ lPostage Fee: $ TOTAL FEES: $ PROJECT NUMBER: Revised 1/1/06 Molly Markarian I of4 Signatures The undersigned acknowledges that the information in this application is correct and accurate. ])gx� Date: Signature7 U Dan Lewer Print owner, the owner hereby grants Remission tor the applKant to act Owner: -- �, () Date: Aug 9, 2022 Signature Dan Lewer Mri n t Revised 1/1/06 Molly Markarian 2 of 4 Non -Conforming Use - Expansion/Modification Application Process 1. Applicant Submits a Non -Conforming Use - Expansion/ Mod if ication Application to the Development & Public Works Department The application must conform to the Non -Conforming Use - ExpansionlModification Submittal Requirements Checklist on page 4 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Non -Conforming Use - ExpansionlModification Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check Planning Division staff conducts a detailed completeness check within 30 days of submittal. The assigned Planner notifies the applicant in writing regarding the completeness of the application. An application is not be deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application and Issue a Decision A Type II decision, made after public notice, but without a public hearing, unless appealed, is issued within 120 days of submittal of a complete application. Mailed notice is provided to property owners and occupants within 300 feet of the property being reviewed and to any applicable neighborhood association. In addition, the applicant must post one sign, provided by the City, on the subject property. There is a 14 -day public comment period, starting on the date notice is mailed. Applications are distributed to the Development Review Committee, and their comments are incorporated into a decision that addresses all applicable approval criteria and/or development standards, as well as any written comments from those given notice. Applications may be approved, approved with conditions, or denied. The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. The decision issued is the final decision of the City but may be appealed within 15 calendar days to the Planning Commission or Hearings Official. Revised 1/1/06 Molly Markarian 3 of 4 Non -Conforming Use - Expansion/ Modification Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. F�N/A Submitted Concurrently with Site Plan Review or Minimum Development Standards applications, where applicable b.ilding permit application already approved (for remainder of remodel) Fx� Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. $4,97, + $24B.90 + $203 - $5,429.90 Fx� Non -Conforming Use - Expansion/ Mod if ication Application Form 7 Copy of the Deed FX] Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances. Fx� Proof of Non -Conforming Use Status - provision of items listed in SDC 5.6-115. fK1 Narrative - explaining the proposal and any additional information that may have a bearing in determining the action to be taken, including findings demonstrating compliance with the Non -Conforming Use Expansion or Modification Criteria described in SDC 5.6-125. NOTE: Before the Director can approve a Non -Conforming Use - Expansion/Modification request, information submitted by the applicant must adequately support the request. All of the Non -Conforming Use Expansion or Modification Criteria must be addressed by the applicant. Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. Revised 1/1/06 Molly Markarian 4 of4 ALBRECHT ARCHITECTURE, LLC 1740 WILLAMETTE STREET, EUGENE, OR 97401 541-485-3315 Kurt or Christopher@albrechtucliitectue.com Wilvet South — 444 B Stmet Non-Conformang Use — Expansion/Modification - Narrative This proposal is to add two (2) fenced -in outdoor areas to the exisfing veterinary hospital located at 444 B Street. This facility has been in continuous operation as a veterinary chnic/hospital since roughly 1998, and is therefore an allowed non -conforming rise (1998 was before the change to the current zoning occurred). However, these outdoor enclosed areas would constitute an expansion of the non -conforming footprint. The proposed outdoor areas are for patients (dogs) to go outdoors for fresh air, exercise, etc. The proposed fences are to reduce the risk of pet escape, and also for the privacy of the animals, many of which are sick or injured. The intent is for the animals to be accompanied and supervised the entire time they are outdoors. No wastewater or stormwater drains are proposed. Solid waste (fecal matter) is to be managed by regularly scooping up and disposing in the garbage. An artificial turf surface is proposed, to fnihnite that cleanup. No added impervious area is proposed (aside from 52 SF of new ramp area). The proposed outdoor areas are currently plamers/landscaped area. Please see attached site plan for proposed outdoor areas. Approval criteria I . The hours of operation: This proposal does not involve my change in the existing hours of operation of the facility. 2. An increase in hudding siae or height: No increase in the size or height of the actual building is proposed. The only visible change is the addition of 6 It high wood fences. 3. On-siteparkingplacemem: This proposal has no impact on the exisfing on-site puking; it occupies areas that are currently landscaped/planter beds. 4. Vehicle trips to the site and impact on surrounding on-sireetparking'. There is no reason to believe this change will result in my additional traffic or parking needs. The pets served by the outdoor space are the same ones currently being treated inside the building. 5. Noise, vihration, dust, odor, fimies, glare, make andon-site lighting: No additional lighting, etc. is proposed. The potential noise of dogs barking is to be mitigated by accompanying and supervising dogs any time they are outdoors. 6. The amount, location, and naawe of any outside displays, storage, or activities: No displays or storage are involved in this proposal. The only outdoor activity proposed is briefly taking dogs outdoors for fresh air and exercise, which will not normally be visible from the street or neighboring properties. COM20�01307 01 CDNT� WO�L� > F,.�Ibd > �05T > D0NNADIM5KI/AMYVALEN > 5WUIT,�k OREGON VETERINARY REFERRAL M28i2017 by TD3 Spr,ngfbId 0 0 MMpIPTM 0 0 F M— R.,- H -IP [e Gilding pennit record 5ho.ing (D) Appl,�— 9� rjv� ,--JVeter�nary clinic in operation Ibefore 2004 APPI—hon J�N ldr�� (1) NR CmdlMon S�s, N� I., (0) C ....... I,P—.1 '��L.P . ...... q.,I C,,,d,,b- &A�-I (D) APPI—bl, T, U.�,e (2) 02 P -I a—. Cu.� Tad- (2) T�I F� 1-111d $52 D.—PI-dw.wCo, " A"DOS kr V�i CHURMSIDE BALTHROP, July 7, 20 15 Gorr, Gaydos Donald J. ChurnsLde Sh�rvl Baloont, �y L. Brower Mark M. Williaras QfCouru,ol Michael H. Long Offou�el Amy Valentine OREGON VETERINARY REFERRAL ASSOCIATES, PC 444 B Street Springfield, OR 97477 Re: Zoningfor 444 B Street, Springfield, Omgon 97477 Deal 440 E= Broadway suite 300 PO Box 1499 Eugene. OR 97440 541.343.8060 MONE 888.761 1073 TOLL FREE �1.343.1599 FAX wwwo"gea1rgg1U,.,. Gerry asked me to research the zoning for your current location. My research indicates that the property is zoned Mixed Use Commercial. I also corresponded with Liz Miller of the City of Springfield's Current Development Division and she provided me with the following statements: -fhe zoning and plan in die downtown area were changed in 2007. Previously this site was zoned Community Commercial. This building was a vets office prior to the zone change in 2007 and can continue as long as it is not abandoned for greater than 6 months (see SDC 5.8-130). Another section which discul this situation is SDC 3.2-620 A.3. " Under Community Commercial zoning, animal hospitals, animal clinics and kennels were pennitted uses, subject to special locational and/or sitting standards. However, under the current Mixed Use Commercial zone, animal hospitals, animal clinics and kennels are not pertnifted at all. However, as Ms. Miller indicated, bemuse a vets office was allowed under the previous zoning rules, you we allowed to continue operating a vet's office at that location. Springfield Development Code (SDC) 5.8-130 provides as follows regarding "Abandonment": A. Any norn-conforming me which is discontinued for 6 months or more, or my non- conforraing building or structure which is not occupied or used for 6 months or mom, shall be deerned abandoned and lose its status as a non -conforming use, building or structure on: (1) the date the building or structure is vacated; and/or (2) the date the me ceases. Code. B. Any subsequent use or development shall be in compliance with the provisions of this 00110494.000 Amy Valentine July 7, 2015 Page - 2 SDC 3.2-620 A.3 provides as follows regarding "Mixed Use District Development Standards -- Conflicts and Exemptions": A. Conflicts (3) The intent of this Section is not to create non -conforming uses due to necessary zoning map amendments to Mixed Use. However, if a non -conforming situation is created; existing buildings, structures, and uses may continue, expand, or be modified as permitted in Sections 5.8-120 and 5.8-125 until they are abandoned and are transferable to a future purchaser. In sum, as indicated by Ms. Miller, the building can continue as a veterinarian's office as long as it is not abandoned for greater than six months. Please let me know if you have my additional questions. Sincerely, Amy L. Brewer amy@oregonlegaltearn.com. TYPE I TENTATIVE MINIMUM DEVELOPMENT STANDARDS MINOR, STAFF REPORT & DECISION ii 0 Project Name: Oregon Veterinary Reflanod Associates Mobile MRI Unit Nature of Application: This pimposal is for the temporary Placement of a mobile MR1 to serve animals as an adjunct use Of Oregon Veterinary Referral Associates. This vehicle mounted unit is proposed to be placed in the parking area to the north of the existing building. A track with the attached MR1 unit will occupy one puking space. Animals will be anesthetized in the office building and will be placed on a gurney and wheeled up a ramp into the MRI unit This romp will be Ywide and extend across 4 puking spaces. The mobile MRI unit is being utilized on a trial basis. If the veterinary office decides on continued use of an MRI unit, it will be placed inside the existing building. An expansion of the building may be considered at that time. This trial period is a maximum one year timeline. Due to the proximity of residential uses to the north public notice was sent out in surrounding property owners within 300 feet of the property. As described in Springfield Development Code Section 5.1-130, them is a 14 day comment period for persons to provide written comment. Case Number: TYP113-00027 Project Location: 444 B Street, Springfield OR, Map and Tax Lot 17033524 14400 Current Site Conditions: This parcel is a comer lot on the north east comer of 0 and B Street it is a developed parcel including building, puking lot and landscaping. The parking area is at the met of the building and abuts a 14'wide public alley. Them are 15 parking spaces sparaning the north side of the building. The lot is.37 acres in size. The location is within the Downtown Refinement plan and includes exceptions for vehicle and bike pasking spaces. The Sprout puking lot is across B Street and the Springfield Justice Center is across 0 Street. The vacant lot on the east is owned by Branch Engineering, which is immediately cast. A duplex and two triplex units arm to the north across the alley. Zoning: Mixed Use Commercial Refinement Plan Designation: Downtown Refinement Plan — Downtown Mixed Use -Aetrii Plan Designation: Commercial Mixed Use Zoning of Surrounding Properties: North - across alley — MDR and MUR, South - across B Stract - MUC, East — MUC and West across 0 Street — PLO. Application Submitted Date: November 20,2013 Deadline for Comments: December 10, 2013 -�ecision Issued Date: December 12, 2013 aecommendation: Approved, with Conditions. MDS Minor - TYPI13-00027 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE planner Development Code Liz Miller 726�2301 Transportation Planning Engineer Transportation Michael Liebler 7364034 Public Works Sanitary & Starat Sewer 736-1036 Deputy Fire Marshal Fire and Life Safety Gillian Gordon 726-2293 Plans Examiner Bu ing Chris Carpenter 744-4153 Applicant/Owner; Amy Valentine Oregon Veterinary Referral Associates, PC 444 B Street Springfield, OR 97477 Applicant's Representative: Renee Clough Branch Engineering 310 5" Street Springfield, OR 97477 Purpose: Minimurn Development Standards (MDS) am intended to support economic development by minimizing City revknw for minor additions, expansions or changes in use. MDS shall crame compliance with specific appearance; transportation safety and efficiency; and stem water management standards specified in the Springfield Development Code (SDQ and otherwise protect public health, safety and wait=. Criteria of Approval: In order to grant MDS approval, the Director shall determine compliance with all applicable standards specified below: Site and Surrounding Property: MDS Minor - TYPI13-00027 Special Use and Overlay District Standards Finding. Mixed Use Commercial zoning does not list veterinary services as a permitted use in the Schedule of Use Categories (SDC 3.2-610). The zoning for this parcel was amended in 2006 from Community Commercial to Mixed Use Commercial. Oregon Veterinary Referral Service has been in operation at this site since 1998. Finding7. Mixed Use Commercial Zoning District section 3.2-620 A. 3. states, "The intent of this Section is not to create non -conforming uses due to necessary zoning map amendments to Mixed Use. However, if a non -conforming situation is created; existing buildings, structures, and uses may continue, expand, or be modified as permitted in Sections 5.8-120 and 5.8-125 until they we abandoned and are transferable to a future punchaser." Finding: The siting of this Mobile MRI unit is not considered an expansion of a non -conforming use due to its temporary nature. However, the use has the potential of having an effect on the adjacent residential property. This Minimum Development Standards (MDS) review is intended to notify the neighbors, (allowing comment) and erumre, compliance with existing and proposed MDS Minor - TYPI13-00027 3 Applicaxit's Proposal: lip LIGOND LI OUGONVURIMRYREFERML�KM-MOIIUMRIUNR JMobfle a�n �MIU d Rant P p Special Use and Overlay District Standards Finding. Mixed Use Commercial zoning does not list veterinary services as a permitted use in the Schedule of Use Categories (SDC 3.2-610). The zoning for this parcel was amended in 2006 from Community Commercial to Mixed Use Commercial. Oregon Veterinary Referral Service has been in operation at this site since 1998. Finding7. Mixed Use Commercial Zoning District section 3.2-620 A. 3. states, "The intent of this Section is not to create non -conforming uses due to necessary zoning map amendments to Mixed Use. However, if a non -conforming situation is created; existing buildings, structures, and uses may continue, expand, or be modified as permitted in Sections 5.8-120 and 5.8-125 until they we abandoned and are transferable to a future punchaser." Finding: The siting of this Mobile MRI unit is not considered an expansion of a non -conforming use due to its temporary nature. However, the use has the potential of having an effect on the adjacent residential property. This Minimum Development Standards (MDS) review is intended to notify the neighbors, (allowing comment) and erumre, compliance with existing and proposed MDS Minor - TYPI13-00027 3 OUGONVURIMRYREFERML�KM-MOIIUMRIUNR Special Use and Overlay District Standards Finding. Mixed Use Commercial zoning does not list veterinary services as a permitted use in the Schedule of Use Categories (SDC 3.2-610). The zoning for this parcel was amended in 2006 from Community Commercial to Mixed Use Commercial. Oregon Veterinary Referral Service has been in operation at this site since 1998. Finding7. Mixed Use Commercial Zoning District section 3.2-620 A. 3. states, "The intent of this Section is not to create non -conforming uses due to necessary zoning map amendments to Mixed Use. However, if a non -conforming situation is created; existing buildings, structures, and uses may continue, expand, or be modified as permitted in Sections 5.8-120 and 5.8-125 until they we abandoned and are transferable to a future punchaser." Finding: The siting of this Mobile MRI unit is not considered an expansion of a non -conforming use due to its temporary nature. However, the use has the potential of having an effect on the adjacent residential property. This Minimum Development Standards (MDS) review is intended to notify the neighbors, (allowing comment) and erumre, compliance with existing and proposed MDS Minor - TYPI13-00027 3