HomeMy WebLinkAboutCorrespondence APPLICANT 8/10/2010
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LAW OFFICE OF BILL KLOOS, PC
OREGON LAND USE LAW
375 W. 4TH STREET, SUITE 204
EUGENE. OR 97401
TEL (541) 343-8596
FAX (541) 343-8702
E-MAIL BILLKLOOS@LANDUSEOREGON.COM
August] 0, 2010
Springfield Dev't Services Dept.
225 Fifth Street
Springfield, OR 97477
Attn: Jim Donovan
Re: BJ Equipment MDS Application
DRC2010-00025
Dear Jim:
Please accept this letter in support of the MDS application above. These materials are submitted
on behalf of the applicant.
Your July 27 email posed several questions about this application. With this letter I would like
to respond to your questions in the order presented. Some of your questions caused me to take a
closer look at the code and the uses. The applicant hopes that with the information in this letter
the city can confirm that the MDS are not triggered because there is no change of use, in the
meaning of the code.
I will restate the questions in your email and answer them individually.
1. Where are the definitions of the former and proposed uses?
Answer: The existing and proposed use stated in the initial application is: "Automotive and
heavy equipment repair and 'service including the recapping and retreading of tires." The use is
listed under the "Transportation related, non-manufacturing" category, in the schedule of uses in
SDC 3.2-410, on page 74 of the code posted on the city's website.
After further analysis of the existing and proposed uses, r would like to add the following two
uses listed in the code:
One is: "Administrative professional or business offices" listed under the Use Category
of "Secondary uses serving or related to on-site industrial uses."
The second is: "Business, labor, scientific and professional organizations and
headquarters" listed under the Use Category of "Other uses."
Both the existing Reeds Fuel and Truckings use and the proposed BJ Equipment use include a
Date ReceiVed: ''is 1\ I .I J6
Planner: SH
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Springfield Dev't Services Dept.
August 10,2010
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"business office" component and a business "headquarters" component.
2. We talking truck repair and blasting in the same breath with Mr. Jeremiah's company? If I
went toBJ Equipment and asked them to re~tread my I8 wheels on my semi and do a valve job
they would laugh at me?
Answer: The applicant will not be doing retail retreading service; it will be maintaining its own
fleet of vehicles. Retreading is something that is allowed in the zone, but not required in the
zone. BJ's will be using the site for maintaining and servicing its own vehicles, and for its
business office, as Reed's is now. There will be no drilling, blasting, crushing, mining, and no
sales, storage or use of explosives conducted on this site.
3. I worked with Kris on the Mountain Gate site, blasting and contouring basalt, they are the
cream of the crop at what they do, but it's not commercial industrial truck repair. By their own
website they have been out of equipment workfor 30 years.
Answer: The plain language of the use listed in the zone does not limit the use of the property to
persons doing service for the public. It is more general than that. A company can do automotive
and heavy equipment repair and service of its own vehicle fleet and be in compliance with the
zone. That is what Reed's is doing, as we understand it.
4. They may be doing their own vehicle maintenance, but that is secondary to their primary use-
Explosives? Drilling and Blasting? Are we talking about ONLY fleet maintenance on this site?
Ifwe are talking about moving the entire operation next to a church and residences we have to
be asking what the operation comes under.... Drilling and Blasting? Sounds Heavy Industrial to
me..... Explosives? That's a DU in the HI and wouldn't be permitted at the subject site.
We are not talking about only fleet maintenance at this site. The business office and business
headquarters is at this site, too. Reed's Fuel and Trucking maintains, services, and operates fuel
and flatbed and chip trucks from this site. Its business office/headquarters is also at the site. The
same will be true for the BJ operation. The existing use and the new use each fall within the
same uses listed in the LMI zone. Yes, the owners are different. Yes, the nature of the trucks
and heavy equipment is different. But they fall within the same use categories in the code.
Your comment suggests that explosives requires a discretionary use approval in the HI zone. The
use listed is discretionary in the HI is "Explosives, manufacturing and distribution." BJ
Equipment is not in the business of manufacturing or distributing explosives.
Date Received:
Planner: SH
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Springfield Dev't Services Dep!.
August 10,2010
Page 3
I hope the information above brings more clarity to the proposal, answers your questions, and is
otherwise helpful. Please let me know if you need any further details.
Sincerely,
Bill Kloos
Cc: Client
Date Received: 8 - II - 10
Planner: SH