Loading...
HomeMy WebLinkAboutNotice PLANNER 8/12/2010 , " " . . ( AFFIDAVIT OF SERVICE STATE OF OREGON) )ss. County of lane ) AUG 122010 By: r~~<<~ I o-f- Sf~ I, Karen laFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon... 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies of~ 2.010-0002..$ ~ ~ (See attachment "A") on -z..- 2010 addressed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~~CL~ KAR LaFLEUR STATE OF OREGON, County of lane ~ I-;;:L- . 2010. Personally appeared the above named Karen laFleur, Progr Technician, who acknowledged the foregomg, mstrument to be their voluntary act Before me: ' ~YJY My Commission Expires: 'is }s 11/ I I' . OFFICIAL SEAL DEYETrE KELLY NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 .. ~ . SPRINGFI. ) ~[tJrl':tI'__~ DEVELOPMENT SERVICES DEPARTMENT ~ '" ~ " .~.:: '-:~:"" ," ""'~<'. 'e, " "" August 11, 2010 225 FIFTH STREET SPRINGFIELD, OR 97477 PHONE (541)726-3753 FAX (541)726-3689 www.cl.springfiefd.or.us Bill KIoos 375 W 4th Street, Suite 204 Eugene OR 97401 Re: Completeness review for DRC2010-00025 BJ Equipment. Addressed as 4080 and 4100 Commercial Ave, 17-02-31-14 -04300. LMI (Light Medium Industrial) zone. 10-20 year Time of Travel Zone for the Maia well. Mr. KIoos, The referenced application was submitted on July 26, 2010. This letter contains a determination regarding the completeness of the submittal, as required by SDC 5.4-105.C. After a review of the submitted materials, the Director has determined the MDS process is not applicable. The proposed use requires a Site Plan Review application and Drinking Water Protection Overlay application. " The proposed use is "Automotive and heavy equipment repair and service including the recapping and retreating of tires." This is an allowed use in the LMI zone, subject to the development standards contained in the Springfield Development Code. In the application materials, you request the Planning Director determine the proposed use does not represent a "change of use", and therefore, the application would not need a Minimum Development Standards (MDS) application to engage in the proposed use on the subject property. You also request the Planning Director exercise his discretion to review the application under the Type II process" to ensure certainty to the applicant, through a formal land use decision." After reviewing the submitted materials and researching the development history of the parcel, it has been determined the previous use was nonconforming, pUrsuant to SDC 5.8-115. The use was legally established prior to May 5,1986, but did not fully comply with the current development regulations. Because the site has been vacant for more than 6 months, the nonconforming use is deemed abandoned and has lost its status as a non-conforming use, pursuant to SDC 5.8,130. Any subsequent use or development on this site shall be in compliance with the provisions of the Springfield Development Code (SDC). Refer to Attachment" A": Determination of the Nonconforming Use attached to this letter. The proposed use must comply with the SDC, which requires, among other things, that all parking areas must be paved. Refer to SDC 4.6-120. The only paving is adjacent to the office building. The proposed use will result in the expansion of the impervious surface area by more than 50% or 5,000sf. Unless information is submitted that demonstrates compliance with this standard, the MDS process is not applicable and a Site Plan is required, pursuant to SDC 5.15- 110(A). DRC2010-00025 BJ Equipment Page 10'3 , \ . . Attachment" A" Determination of the Nonconforming Use The earliest permit is from July 5, 1966, to the repair septic system that served one employee and a two-bedroom trailer house. A letter dated February 16, 1971, is a request from the land owner not to be required to connect to sewer. In that letter and the response from the city, the site contained a truck terminal, log scaling station, shop and smaIl office. The office building was constructed in 1974. This is evidenced by the history of the company at http://www.reedsfueLcom/, as well as septic permit information from 1966 and 1971. There is no evidence of any expansion after 1974. There are numerous permits that were issued for routine maintenance and repair that occurred between 1989 and 1998. Tbis included installation of an oil- burning furnace, a gas heater and piping, an outdoor sign, moving the furnace and installation of a CCTV system. There are several permits for repair of fire damage that occurred in 1995. Based on information from the Reed Fuel and Trucking website,the permits issued by the city, and the application materials, the previous use was a trucking business for hauling of wood by- products and general commodities. The associated uses and buildings included: . Truck shop and tire shed for maintenance of trucks owned by Reed Fuel and Trucking. . Office for business operations. . Parking area for trucks owned by Reed Fuel and Trucking. . Diesel storage tanks. . Truck wash station. . Log scaling area. The site has been vacant for 12 months. The applicant (BJ Equipment Co.) states in the application materials that Reed Fuel and Trucking vacated the site by the end of August 2009. Based on this information, the previous use was a nonconforming use in accordance with SDC 5.8- 115 because the use was legally established prior to May 5, 1986, but did not fully comply with the current development regulations. The use did not comply with the regulations listed below: . 3.3-200 Drinking Water Protection Overlay . 4.2-100 Infrastructure Standards- Transportation . 4.3-100 Infrastructure Standards - Utilities . 4.4-100 Landscaping, Screening and Fence Standards . 4.5-100 On-Site Lighting Standards . 4.6-100 Vehicle Parking, Loading and Bicycle Parking Standards Pursuant to SDC 5.8-120, a non-conforming use may continue with routine maintenance and repairs as required by the Building Safety Codes. Reed Fuels and Trucking was not required to bring the use into compliance with the SDC because the use was not expanded or modified after 1974. No work was done that required Site Plan or MDS review, pursuant to SDC 5.17-100. Because the site has been vacant for more than 6 months, the nonconforming use is deemed abandoned and has lost its status as a non-conforming use, pursuant to SDC 5.8-130. Any subsequent use or development on this site shall be in compliance with the provisions of the Springfield Development Code. DRC201D-00025 BJ Equipment Page 3 of 3 " . . se",NG"ECO~ ~"j:.l;I/I![tj;;/~.'J<<'];I~tj']I!~ DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Bill Kloos 375 W 4th Street, Suite 204 Eugene, OR 97401 ..:..... ~. .......... ......:..'...~.......::... ,- .'. .'- : ".;'.';" .'. . ':-.: , - . -. " -, . -.' . . .. . . . .. "'b"":'" . .' ;"h. '.' ," '..