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HomeMy WebLinkAboutOccupancy Correspondence 1988-6-7 . . ~f;>~ SPRINGFIELD CITY OF SPRINGFIELD Office of Community & Economic Development Planning and Development Department June 7, 1988 Mr. Stu Burge President, Metco Investment Realty, Inc. 315 E. 13th Street Eugene, Oregon 97401 Subject: City Requirements Of~O Olympic S~ u. ,_ ______ Dear Mr. Burge: It has been brought to our attention that a potential tenant for a building at 3520 Olympic Street has chosen not to lease this building because of the City's "landscaping review" requirement. While I share your concern at the loss of a new business and the continued vacancy of a valuable asset, I am equally concerned that you may not have received an accurate explanation of our occupancy requirements in general, and how they apply to this building in particular. The City's Development Code implements several Council goals and objectives. One of these goals, enhanced City appearance, is partly realized through the installation of sidewalks, paved parking and landscaping. These improvements, referred to as "Minimum Development Standards" are required whenever a change in use occurs in an existing commercial or industrial building or lot. A change in use is determined to occur anytime a new use does not devote at least 51% of its total operations to the same use as the most recent tenant. City staff have been told on several occasions that these improvements are unreasonable, expensive and do nothing for the business. These criticisms have prompted staff to discuss this issue with the Planning Commission and City Council at separate work sessions in November of 1986 and November of 1987. At each of these meetings the Planning Commission and City Council reaffirmed their desire to have these improvements installed and to continue to use a "change in use" as the .trigger mechanism. The Commission and Council acknowledged that additional costs would result from this provision, but the practice of requiring only new construction to install these improvements was considered unfair and would not effectively implement the long term goal of an enhanced City appearance. While the wording and intent of the Code is clear, each new occupancy is evaluated individually to ascertain if and how minimum development standards apply. Depending on the circumstances unique to the property and proposed use, staff does have some interpretive latitude to determine the timing and location of improvements. 225 Fifth Street . Springfield, OR 97477 · 503/726-3753 . . There are circumstances unique to the 3520 Olympic Street property that make the strict adherence to minimum development standards impractical for both the property owner and the City. I had the opportunity to discuss these circumstances with Greg Herbert and Harry Ashburn on May 24th. I do not know if the substance of our conversation was relayed to you, but in abbreviated form I explained that the two minimum development standards that applied to this property (landscaping and sidewalks) could be postponed until the City initiates the Olympic Street improvement project, now scheduled in our Capital Improvement Plan for 1991. I felt this delay could be justified because of the possibility of damage to these improvements during the construction of the street. In the spirit of this compromise, I asked for the following information prior to occupancy by a new tenant: 1. a landscape plan showing the driveways and landscaped areas. 2. an a9reement, signed and recorded by the property owner, to install these improvements at the time of the Olympic Street construction project. 3. a request to consult with the Building Division whenever a change in occupancy occurs. Under the circumstances I think this is a reasonable application of our Code and certainly provides the owner with sufficient time to plan for the costs of these improvements. In regard to cost, especially as it relates to landscaping, the Code requirements are very basic. Except for street trees at 30 foot intervals, all landscaped areas can be planted with drought resistant plants that neither require irrigation or interfere with window displays. I fully understand the position that unnecessary government interference inhibits or otherwise affects the market place. What I hope you will perceive from these Code provisions is a sincere attempt to improve the appearance of the City at a very basic level. Once these improvements are completed, this prpvision has the affect of sunsetting on itself; no further review is required. I apologize if any of the City's development standards have come as a surprise to you or your clients. We do offer a service, called a pre-application conference, that is designed to provide answers to all development Questions, including the reuse of existing buildings. The pre-application conference is free of charge, requires a minimum of effort on the part of the applicant, and can usually be scheduled within 5 to 7 days of our receipt of the application. I would urge you ~o take advantage of this service whenever you receive a listing or request for commercial or industrial properties in Springfield. I think once you have participated in this conference, whether you agree with our standards or not, you will agree that the information we provide is extremely useful to your business. If you have any Questions about our Code, particularly about the reuse of commercial or industrial buildings, please contact me at your convenience. ~,~ Gregory S. Mott Development Code Administrator