HomeMy WebLinkAboutNotice PLANNER 10/7/2008
NOTICE OF DECISION
SPRINGFIELD PLANNING COMMISSION
Discretionary Use- Type III
Impounded Vehicle Storage-Baby-Face Towing
Case No. DRC 2008-00056
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Applicant:
Roger Haugen, Baby-Face Towing
P.O. Box 24534
Eugene, OR 97402
501-2068
Subject Property Location:
3626 Olympic Street;
Assessor's Map 17-02-30-00 TL 1903.
Nature of the Application:
The applicant proposes to use an existing
industrial building for storing impounded
vehicles that are towed to the site. All
vehicles would be stored indoors. Staff would
be on site during normal working hours to
allow owners to pick up their vehicles.
Vehicles may be towed to the site any time of
day or night. .
Property Owner:
Nick Cheney
1771 Balboa Street
Eugene, OR 97408
359-8507
Plan/Zone Designation:
Heavy Industrial
Related Applications:
DRC2008-00058 Drinking Water Protection
Permit
DRC2008-00030 Chaney Industrial Site Plan
DATE OF NOTICE: October 8, 2008
DATE OF DECISION:' October 7, 2008
DECISION OF THE PLANNING COMMISSION
The Springfield Planning Commission voted 6-0, with I absent and no abstentions to approve the
Discretionary Use. The action taken by the Springfield Planning Commission is a final action.
On October 7, 2008, the Springfield Planning Commission met in regular session to consider a
request from Baby Face Towing to operate an indoor impounded vehicle storage facility at 3626
Olympic Street in Springfield. Vehicle storage is a "discretionary use" in the Heavy Industrial
zoning district. Discretionary uses require Planning Commission review for approval.
Staff presented a report containing findings that supported the proposed use. A public hearing
before the Planning Commission was held and no testimony was offered in opposition to the
proposed use.
The Planning Commission voted unanimously to approve the indoor vehicle impoundment use at
3626 Olympic Street. With that approval, the applicant, Roger Haugen (Baby face Towing) has
the authority to operate an indoor ve~icle impoundment as per the application and the application
narrative.
DRC2008-00056 Discretionary Use
Baby-Face Towing
October 7, 2008
Date Received: .
Planner: MM
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Planning Commission members briefly discussed outdoor vehicle storage but made no decision
on that issue. The decision of the Planning Commission was based upon the requested indoor
vehicle storage use that was described in the applicant's narrative which was referenced and
attached to the Commissioners packet materials. Future development of an outdoor storage area
for impounded vehicles will require additional review by the Planning Commission. Such
outdoor storage will require additional paving and infrastructure to manage and treat storm water
runoff that was not required by this application.
APPEALS
The applicant or any party may appeal this decision to the City Council. The appeal must be
submitted to the Development Services Department, 225 Fifth St., Springfield, 97477, within 10
days of the Planning Commission's decision, on October 20, 2008. The appeal must be in
accordance with the SDC Section 5.3-100-Appeals. The appeal must be submitted on a City
form and a fee of $2,322.00 must be paid with the submittal. The fee will be returned to the
appellant only if the City Council approves the Appeal Application.
QUESTIONS
If you have any questions concerning this matter, please contact Mark Metzger, at 726-3775.
Mark Metzger, Planner 1lI
Development Services Department
City of Springfield
225 Fifth Street
Springfield, OR 97477
mrmetzger@ci.springfield.or.us
DRC2008-00056 Discretionary Use
Baby-Face Towing
October 7. 2008
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BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD
A DISCRETIONARY USE HEARING FOR (
AN IMPOUNDED VEHICLE STORAGE FACILITY (
(
(
(
Case Number: DRC2008-00056
FINDINGS, CONCLUSION AND ORDER
NATURE OF THE APPLICATION
Baby-Face Towing/Roger Haugen submitted an application to use an existing industrial
building located at 3626 Olympic Street, to store impounded vehicles. The Springfield
Development Code (SDC) Section 3.2-410 lists "Auto Wrecking, Storageiand Towing
Services" as a discretionary use in the Heavy Industrial zoning district, requiring action
by the Planning Council to approve.
1. The application conforms to the provisions of Section 5.9-115 of the Springfield
Development Code. Timely and sufficient notice of the public hearing, pursuant
to Section 5.1-135 of the Springfield Development Code was provided.
2. On October 7, 2008, a public hearing on the proposed use was held. The
Development Services staff notes, including criteria of approval, findings, and
recommendations, together with the testimony and submittals of those persons
testifying at the hearing or in writing, have been considered and are part of the
record of this proceeding.
CONCLUSION
The proposed Impounded Vehicle Storage Facility is presented for approval as a
discretionary use under SDC Section 3.2-410 "Auto Wrecking, Storage and Towing,"
within the Heavy Industrial zoning district.
On the basis of this record, the requested discretionary use is consistent with the criteria
of approval of Section 5.9-120 of the Development Code. This general finding is .
supported by the specific findings of fact and conclusion in the Staff Report that is
attach'ed hereto.
DECISION OF THE PLANNING COMMISSION
It is the DECISION of the Planning Commission of Springfield that Journal Number
DRC2008-00056, Discretionary Use, (be approved) (be approved with conditions) (be
denied) (n~ action be taken at this time). .
This DECISION was presented to and approved by the Planning Commission on
October 7,2008.
Planning Commission Order
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September 3. 2008
Date Received: /oj~/~
Planner: MM Page I of 2
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P~ Coriimission Chairperson
ATIEST:
AYES: h
NOES: {7)
ABSENT: . I
ABSTAIN: ~
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Date Received:~h ! ~
Planner: MM
Planning Commission Order
LRP2008-00010 .
September 3, 2008
Page 2 0[2
MEMORANDUM
i
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CITY OF SPRINGFIELD
DATE OF HEARING:
October 7,2008
TO:
Springfield Planning Commission
TRANSMITTAL
MEMORANDUM
FROM:
Mark Metzger, Planner
SUBJECT:
Discretionary Use hearing to consider a proposed impounded
vehicle storage use of an existing industrial buil~ing at 3636
Olympic Street.
ISSUE:. There are certain uses which, due to the nature of their impact on'nearby uses and
public facilities, require a case-by-case review and analysis at the Planning Commission or
. Hearings Official level. To mitigate these. and other possible impacts, conditiohs may be applied
to address potential adverse effects associated with the proposed use.
DISCUSSION: The applicant has requested to a discretionary use hearing tQPonsider his
proposed use of an existing industri.al building to store impounded vehicles. ~e has a contract
with the Oregon State Police and intends to contract with various law enforcement agencies
including the City of Springfield. '
ACTION REQUESTED: The Planning Commission is requested to review the proposed activity
against the approval criteria for discretionary uses found in Section 5.9-120 of the Springfield
Development Code and make a determination as to whether the proposed activity meets those
. criteria. The Commission may approve the proposed use, approve the use with conditions, or
may deny the use.
ATTACHMENTS:
Attachment 1: Staff Report
Attachment 2: Planning Commission Order
Date Reteived: 17\/7/ VitJy
Planner: :, MM -L:::fr'7
Discretionary Use- Type III
Impounded Vehicle Storage-Baby-Face Towing
DRC 2008-00056
Staff Report and Recommendation
Applicant:
Roger Haugen, Baby-Face Towing
P.O. Box 24534
Eugene, OR 97402
501-2068
Project ~ocation:
Owner:
Nick Cheney
1771 Balboa Street
Eugene, OR 97408
359-8507
Plan/Zone Designation: .
3626 Olympic Street;
Assessor's Map 17-02-30-00 TL 1903.
Proposed Activity:
Heavy Industrial
Related Applications:
The applicant proposes to use an existing
industrial building for storing impounded
vehicles that are towed to the site. All vehicles
would be stored indoors. Staff would be on
site during normal working hours to allow
owners to pick up their vehicles. Vehicles may
. be towed to the site any time of day or night.
DRC2008-00058 Drinking Water Protection
Permit
,
DRC2008-00030 Chaney InduStrial Site Plan
~\ I
l~ ~F"I
Baby-Face Towing- Discretionary Use
Vicinity Map
Dat~ Received:
Planner: MM "
(1;/, /'7?JfJf
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ATTACHMENT 1 -1
Baby-Face Towing- Discretionary Use
Aerial Photo
I. EXECUTIVE SUMMARY AND DECISION
The applicant has requested to a discretionary use hearing to consider his proposed use of an
existing industrial building to store impounded vehicles. He proposes to contract with various
law enforcement agencies including the City of Springfield, to provide vehicle iritpound storage.
In the application narrative (Appendix A), the applicant emphasizes that the facility is an
impound storage facility as OIwosed to a wrecking yard. Wrecking yards dismarltle vehicles for
parts and recycling. Although the proposed impound storage activity is significaptly different
from a wrecking yard, SDC Section 3.2-410 lists'''Auto Wrecking, Storage and TowingServices"
as a discretionary use in the Heavy Industrial zoning district.
The notation of this use as a "discretionary use" is what triggers the need for Plaiming
Commission review. The issue hefore the Planning Commission is tbe type of use proposed
and not the site design per se. No new construction is being proposed by this action.
The likely impact of the vehicle storage activity on nearby businesses is small. "\be larger
development being considered on this site by the property owner assumes that thf existing .
building will be retained. A site plan for that new developrnent is being processed parallel to this
application. .
Based the' fmdmgs set forth in this report, staff recommends approval of the proposed vehicle
impound storage use at this location. .
Date Received:
Planner: MM
16/71ur><(
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ATTACHMENT 1 - 2
Alternative perspective of subject site.
Building proposed for impowuled vehicle storage.
II. PROCEDURAL REQUIREMENTS FOR DISCRETIONARY USE
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Discretionary Review applications are reviewed under Type ill (quasi-judicial) procedure which
includes a public hearing before the Planning Commission or a Hearings Official. The procedural
requirements for a Type ill land use decision are liSted in Springfield Development Code (SDC)
Section 5.1-13 5. This section requires mailed notice of the public hearing to be J.entto residents
and landowners within 300 feet of the subject property and to any applicable neighborhood
association (SDC Section 5.] -135 (B). SDC Section 5.2-1] 5 (A) describes the required content of
Obte Received: I ~/~/t.~
Planner: MM
ATTACHMENT 1 - 3
the mailed notices. Section 5.2-115 (B) states that Type ill.quasi-judicial procedUres also require
published notice of the proposed action in a newspaper of general circulation.
Any person seeking to respond to the issue may provide written comments to the.!Director
through the day of the public hearing or may testif'y in person. .
Evaluation of the proposal by the Development Review Committee is also required under SDC
Section 5.1-135 (C). The Development Review Committee is composed of staff ,from various
. city departments and staff from various other agencies which provide urban services with
Springfield's planning jurisdiction. ,.
Finding #1. Mailed notice of the proposed site plan modification was sent to ,residents and
property owners within 300 feet of the subject site on September 16,2008 as verified by
affidavit. .
Finding #2. Notice was sent to participants in the Development Review Committee and a
meeting was held on August 30, 2008 to review issues of compliance of the pr9posal with
applicable development policies and standards. .
Finding #3. No comments, written or verbal, were received from the public during the l4-day
comment period.
Conclusion: Procedural requirements for processing a Type ill Discretionary Us~ Hearing have
been followed.
m. CRITERIA OF APPROVAL-DISCRETIONARY USE
The following section reviews the criteria for approving Discretionary Use applications and
makes [mdings for each individual criterion as they are listed.
SDC Section 5.9-120 states, "Discretionary Use may be approved only if the Planning
Commission or Hearings Official finds that the proposal conforms with the Site r:'lan Review
approval criteria specified in Section 5.17-125, where applicable, and the following approval
criteria:
A. The proposed use conforms'with applicable:.
1. Provisions of the Metro Plan;
Finding #4. The Metro Plan designation for the site is Heavy Industrial. The proposed use is
consistent with th~ types of uses allowed in the Heavy Industrial plan areas. '
2. Refinement plans;
Finding #5. This .criterion is not applicable. The subject site is not within a refinement plan
area.
3. Plan District standards;
\.
Dat~ Rec~ived: If) /7/r/{
Plal)ner: MM ~
ATTACHMENT 1 - 4
Finding #6. This criterion is not applicable. The subject site is not within a refmement plan
. area.
4. Conceptual Development Plans or
,
Finding #7. The subject site is not part of any conceptual developrnent plan. I The subject site
is,however, part ofa larger site plan for development of the property. A sma'! scale drawing
of the site plan is attached as Appendix B. That site plan shows that the existij-lg building will
be retained and integrated into the larger site development.
5. SpecifIC Development Standards in this Code;
Finding #8. SDC Section 3.2-410 does not reference any <if the specific dev~lopment
standards found in Section 4.7-100.
Conclnsi,!n: Most of the criteria listed in SDC Section 5.9-120 (A) do not apply,to this
application. The project complies with those criteria which do apply.
B. The site under consideration is suitable for the proposed use, considering:
1. The location, size, design and operating characteristics of the use (operating characteristics
include but are not limited to parking, traffic, noise, vibration, emissions, light, glare, odor,
dust, visibility, safety, and aesthetic considerations, where applicable);
Finding #9. The narrative portion of the application states that impounded v~hicles will be
stored indoors on the site, and that impounded vehicles may be brought to the site at various
times of day and night.
Finding #10. The subject site is located in a heavy industrial zoning district where noise, and
24-hour activity is expected and allowed.
,
Finding #11. The. small scale of the activity and the proposed indoor storage qfthe impounded
vehicles will reduce the visual impact of the activity on nearby industrial development,
including the planned new development on the site.
2. Adequate and safe circulation exists for vehicular access to and from the p~oposed site, and
on-site circUlation and emergency response as well as pedestrian, bicycle and transit
circulation;
Finding #12. The proposed use was reviewed by the Public Works Transporuition Division
and the Deputy Fire Marshall. Their comments indicate. that the. existing acce~s to the single
subject building on the site is adequate. The site plan for the remainder of thdsite provides for
proper circulation and access to future development as well as the existing building where
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vehicles will be stored. .
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Date ReceiVed:.-1P/z/n<[
Planner: MM
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ATTACHMENT 1.5
Finding #13; In the event the site plan is not approved, the City would be required to seek
improvements to the site under SDC Section 5. 15-1 OO-Minimum Development Standards.
Such improvements are not required at this time since the site plan more than meets the
standards set in Section 5.15-100.
3. The natural and physical features of the site, including but not limited to, riparian areas,
regulated wetlands, natural stormwater management/drainage areas and woo~ed areas shQJI be
adequately considered in the project design; and .
Finding #14. The subject site does not impact any inventoried natural resourc~ area or any
natural features.
4. Adequate public facilities and services are available, including but not limited to, utilities,
streets, storm drainage facilities, sanitary sewer and other public infrastructur~
Finding #15. The proposed use was reviewed by the Public Works Engineering Division and
by the Springfield Utility Board. No comments were received that indicated ally lack of .
capacity to serve the proposed use.
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Finding #16. Impound yards secure and store vehicles until the owner comes to retrieve them.
Such cars are almost always in operating condition. 'Impounded v.ehicles offer a lower threat of
fluid release than auto wrecking(dismantling operations. The visual impact of fill indoor vehicle
storage facility are significantly less that that posed by an auto wrecking yard. I' .
Finding #17. In addition to the Discretionary Use application, a Drinkjng Wa~er Protection
permit is being processed with the assistance of SUB staff. The applicant shall be required to
demonstrate that the 'impound vehicle storage will be properly managed to minimize the threat
of any spilled vehicle fluids to Springfield's drinking water supply through the implementation
of spill prevention and containment procedures. . In addition, the floor of the storage building
shall be treated with sealants specified by SUB to prevent fluid spills from pe'!etrating the
floor.
Conclusion: The proposed activity is consistent with the criterion in SDC SectioIl5.9"120 (B).
IV. CONCLUSION AND STAFF RECOMMENDATION
Based on the findings made with regard to the decision criteria for discretionary uses found in
SDC Section 5.9-120, staff concludes that there is adequate basis for the Plannin~ Commission to
approve the proposed vehicle impound storage activity (DRC2008-00056).
Date RebeiVed:.np./Od
Planner:" MM
ATTACHMENT 1 -6
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APPENDIX A
. Applicant's Narrative
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ATTACHME~T 1 -7
D~te ReCeiVed:12/:z./0.(
Planner: MM
BAB'l FACE TOWIN6
P.O. BOX 24534.
D~te Received:
AUG 1 2 2008
EU6t:Nf:, 0RE.60N .A7402
PHONt::541-501-206A
Original; Submittal
FAX: 541-505-7492
EMAIL: BABITACErOWIN€i@.lAHOO.COM
Crr{ OF SPRIN6FIfJ.D
DIDff:I.OPMENT SERVICES DEPARnmNT
225 FIFTH STRfJIT
SPRIN6F1fJ.D.0RE-60N 97477
DI5CRIITIONAR'lUSf: S'.~MJTTAL NARRATIW
To Whom It May Concem:
Attached is our application for a Discretionary Use Permit for the .
purpose of placing an impound yard at 3626 Olympic Street, Springfield, Oregon. Firstl want to
1;
clarify thalthis is not a wrecking yard it is simply a place to store impounded',vehicles inside.
,
Under Springfield Land Use Rules impound yards and wrecking yards have been grouped
together to make it seem that impound yards and wrecking yards are one inlhe same. I want to
make it clear that these are two very different things. A wrecking yard is a plClce where vehicles
are dismantled which may cause the leaking of hazardous fluids from the vehicle and an .
unsightly mess. Whereas an impound yard is sirnply the storing of impounded vehicles for the
purpose of securing them until the vehicle owner comes to retrieve them. In no way will any
vehicle be dismantled in any way: Absolutely no repairs of any kind will be done on site. No
fluids will be purposely drained from any vehicle. On average, one vehicle p~r day will be towed
into this location and stored inside and one will be towed out per day. No impounded vehicles
will be parked outside. Company tow trucks will only be at this location when dropping off or
picking up a vehicle. We only tow light passenger vehicles. Our tow trucks are stored at our city
approved location at.90020 Prairie Rd Eugene, Oregon 97402. Vehicles not~raimed by their
owners will be moved to our Eugene location to be sold. No sales of vehiclelil will happen at the
Springfield location. On average, one patron per day .will arrive to pick up their vehicle. If they
arrive in a vehicle, they will be directed to park on the pavement in front ofthe warehouse doors.
After completing about 15 minutes worth of paperwork, they are free to drlvei'their vehicle out of
the warehouse or have it towed out and to a location of their choice. One e~ployee will be on-
'.
,.
site Monday-Friday from B am to 6pm. No more than one employee personal vehicle win be
parked at this location at a time. Parking for that vehicle will be in front of the northern
warehouse door on pavement.
All vehicles towed or stored at this location will be placed inside the
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warehouse and fluid containment catch trays will be placed under all vehicles, under the entire
"
length of the vehicle, whether they are leaking or not. The majority of vehicles the police order
impounded are vehicles that are fully operational. Only about 20 percent are wrecked or non-
operational. Wrecked vehicles carry the highest risk of leaking fluids therefore our drivers are
trained in the field of containment and cleanup of these fluids. All trucks are required (per
Oregon State Police rules) to carry fluid absorbent, broom, scoop shovel and a bucket for
cleanup of vehicle fluids. The above items will be kept on site, inside the warehouse, in the
event of any spin. Any spin will be cleaned up immediately. Also included in the warehouse win
be two fifty gallon barrels with closed tops with a small port for pouring fluids into and pumping
them out. A third fifty gallon barrel with a large removable lid will be on site i(lside the
warehouse for the purpose of containing any absorbent material that was used to cleanup any
spill on the floor. The first two barrels are for draining the catch trays in the event that anything
has leaked onto them. ALL barrels Will include secondary containment, meahing they will be
,
sitting inside of a large catch basin. Disposal of fluids and used absorbent rT)aterial is removed
by a service called ORRCA EPA# ORD980975692. 4150 North Suttle Road'Portland, Oregon,
97217. Phone: 503-286-8352 they come to the location and remove hazardous materials in
accordance with all federal, state and local laws. This is all part of. our Hazardous Materials
Management Plan. Additionally we will not be stOCking any hazardous materials on site. Baby
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Face Towing takes every precaution in protecting the environment. The site::at 3626 Olympic
Springfield, Oregon is surrounded by businesses and there are no residential properties within
sight or sound of this location. Considering we are simply moving 1 or 2 carS in or ol!l a day, we
do not foresee any impact on neighboring businesses. Ninety-Nine percent of our patrons
contact us by telephone to. arrange pickup of their vehicles and are on site a very short time,
usually less than 30 minutes: The only noise created from our operation is the sound of the
motor running on our tow trucks when moving vehicles in or out. Conceming lighting impact:
The only change in lighting would be from headlights of tow trucks whenmo'ving vehicles in and
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out. We do operate 241('1365 days a year. Tow trucks will be on site a maximum of thirty
minutes to move vehicles in and out.
Baby Face Towing is a small company that operates three tow
trucks in the Eugene/Springfield and surrounding areas. The majority of company business is
handled' at our Eugene yard and River Rd (Eugene) office locations. We look forward to doing
business in Springfield and assisting the Springfield Police in removing. traffic hazards.
Thank You,
~ge~
Date Received:
. AUG 1 ~ 2008
Baby Face Towing
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Nick Chaney Site Plan
DRC2008-00030
~
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ATTACHMENT 1 - 8
... APPENDIX B
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BEFORE THE PLANNING COMMiSsioN
OF THE .
CITY OF SPRINGFIELD
A DISCRETIONARY USE HEARING FOR (
AN IMPOUNDED VEHICLE STORAGE FACILITY (
(
(
(
"
Case Number. DRC2008-00056
FINDINGS, CONCLUSION AND ORDER
NATURE OF THE APPLICATION
.~i
,Baby-Face Towing/Roger Haugen submitted an application to use an exi~ting industrial
building located at 3626 Olympic Street, to store impounded vehicles. The Springfield
Development Code (SDC) Section 3.2-410 lists "Auto Wrecking, Storage and Towing
Services" as a discretionary use in the Heavy Industrial zoning district, requiring action
by the Planning Council to approve. '
1. The application conforms to the provisions of Section 5.9-115 of the Springfield
Development Code. Timely and sufficient notice of the public hea'nng,pursuant
to Section 5.1-135 of the Springfield Development Code was provided.
" . .'
2. On October 7,2008, a public hearing on the proposed use was held. The
Development Services staff notes, including criteria of approval, findings, and
recommendations, together with the testimony and submittals of ttlose persons .
testifying at the hearing or in writing, have been considered and afe part of the .
record of this proceeding.
CONCLUSION
The proposed Impounded Vehicle Storage Facility is presented for approval as a
discretionary use under SDC. Section 3.2-410 "Auto Wrecking, Storage and Towing,"
within the Heavy I ndustrial zoning district. "
On the basis of this record, the requested discretionary use is consistent with the criteria
of approval of Section 5.9-120 ofthe Development Code. This general figding is
supported by the specific findings of fact and conclusion in the Staff Report that is
attached hereto.
DECISION OF THE PLANNING COMMISSION
It is the DECISION of the Planning Commission of Springfield that Journal Number
DRC2008-00056, Discretionary Use, (be approved) (be approved with cohditions) (be
denied) (no action be taken at this time). .
This DECISION was presented to and approved by the Planning 'Commission on
. .' 1
October 7,2008. ' Ii
bate ReceiVed:'; 10/7/ d .
MM' I I
Planner: I P 1 f 2
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Plannini' c:,!mmission Order
bkJ".:~lNrolJrfllr '
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Planning Co. .,
mIDlSSlOn Ch . .
. . arrperson
,
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN'
DateRe~..eived: II> /( ID~
Planner: ,'MM ~
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