DIR1989-00006 r IAA, .t.,,-' <1.- ,
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August 3, 1989 0 � „ /iii/ / � 1.
Gregory Law CITY OF TIGA RD
15400 SW 109th Avenue � OREGON
Tigard, Or 97224
Dear Mr. Law:
I have reviewed your letter of July 27, 1989; the Oregon Department of
Agriculture '66 - '67 and '67 - '68 registry of Licensed Nurserymen; the
City's aerial photos and topographic maps-- of- your property- {-£-rnm_ nrio r to
19 and my notes from our meeting on July 20, 1989. It is evident from
hese various sources that Law's Nursery has operated at 15400 SW 109th Avenue
in excess of 20 years, and certainly before your parcel was annexed to the
ag City of Tigard in May, 1982,_ We consider the nursery operation to be an
ricultural sales operation which includes the wholesale sale of nursery stock
from the site as well as the propagation of nursery stock._ such, the
nursery use is considered to be a non - conforming use in the R -3. esidential,
3.5 units /acre) zone applied to the property. A non - conforming use V)a
continuing land use which was legally existing prior to the application of
regulations (i.e., through annexation) which do not allow such a use. Non-
conforming uses are allowed to continue but are not allowed to physically
expand (also see Chapter 18.132 of the Community Development Code which I have
previously supplied you).
Wiese *wax
In association with the nursery business, you have operated Law's Landscaping
since approximately 1976. This use is considered an "agricultural
horticulture service" by the Community Development'Code's use classifications.
Such a use is also not permitted in th zone and therefore is also
considered a non - conforming use subject to the requirements of Code Chapter
18.132. This use also may continue in operation but is restricted from
expanding and must comply with all other City requirements including the
payment of an annual business tax.
Thank you for cooperating with the City in providing the information necessary
for us to make this determination. The City of Tigard will attempt to keep
record of the determination over the coming years in case questions again arise
about your right to operate the nursery and landscaping businesses from this
property. I would recommend, however, that you also keep a copy of this letter
in order to protect you interests.
Sincerely,
0///
J ry er //
Assistant Planner
c: 15400 SW 109th /Bldg. Permit File
Coy Humphrey, Code Enforcement Officer
Director's Interpretation File
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
July 27, 1989
City o f Tigard i;Ir FLMN;;;$
13125 S. W. Hall Blvd.
Tigard, Oregon 97223 AUG 11989
Attention: Jerry Offer
Dear Sir:
Per our conversation of July 20, 1989, we have run a
wholesale container stock nursery on this property since
1954, and a landscape- maintenance business in addition
to the nursery since 1976.
No new permanent structures have been built since 1972.
If you have further questions, Gregory can be reached
at 639 -0968 or 639 -7208.
Sincerely,
Janet L. Law
15400 SW 109th Av.
Tigard, OR 97224
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'' Jones, Mrs. Oscar
<` Jones, Miles S. 2810 Gales Way, Forest Grove, Or97117
Rt. 3, Box 133 A, Sherwood, Or97140 k BP
` - Jorgenson, Garfield 4 0
LAURELWOOD ACADEMY Rt. 2 , Gaston, Or97119
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2420 Joyce, R. B. Rt. 3, Box 222, Sherwood, Or97140
2257 Junken, Mr. & Mrs. Lloyd 3070 E. 5 F,0
OAK LANE Main, Hillsboro, Or97123 k 0
1898 Kane, Myrtle M. Rt. 2, Box 1 -A, Forest Grove, Or97116
KANE'S COTTAGE FLORIST Dealer
68 Keicher, Harley Rt. 3, Box 273 A, Sherwood, Or97140
517 Kienows Raleigh Hills Food Store 7300 SW Bertha-Beaverton 12,
147 Klotz, John & Karl Rt. 1, Box 212, Beaverton, 0r97005t1and, Ore. Dealer
J & K NURSERY 4 0
765 Kraxberger, Meldon 8450 SW Oleson Rd., Portland, Or97223 1
936 Landauer, H. & G. Rt. 1, Box 357, Forest Grove, Or97116 0,
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FLORA-LAN NURSERY O,E
+12 Labahn, Walter W. Rt. 4, Box 238, Sherwood, Or97140
7 42 Larsen, Lloyd 8 F,N,E,O
Rt. 4, , Box 155., Hillsboro, Or97123
NURSERY 3 O,E
+00 Law, J. C. & B. A. 15400 SW 109, Tigard, Or97223
WILLOWBROOK NURSERY 0
84 Lawrence, Thomas R. 15085 SW 100th, Tigard, Or97223
QUALITY LANDSCAPING ' C
39 Lesher, Audrey D. 5955 SW Old Schools Ferry Rd., Portland, Or97225 0,P
60 Leslie, Jack P. 0. Box 404, Cornelius, 0r97113
g7 Lesser, Mrs. Phillip 3 p '
3 2 Less Ss hy 2217 'A' St., Forest Grove, Or97116
P. 0. Box 904, Beaverton, Or97005 Dealer,
15 Livermore, Mrs. M. C. Rt. 1, Box 240, Sherwood, Or97140 Dealer
)9 McCollum, W. C. & W. A. Rt. 1, Box 123, Gaston, Or97119 1 O,B P
MCCOLLUM'S PLANT FARM 1
•8 Mayer, Carl T. Rt. 1, Box 285, Forest Grove, Or97116
3 Meltebeke, Augusta 443 E. Oak, Hillsboro, Or97123 - � E
AUGUSTA'S GARDENS ' P,C
7 Merrifield, Paula 1430 NW 88, Portland, Or97229
B & B NURSERY 0
8 Meyer, Fred, Inc. 7700 SW Bertha - Beaverton Hwy., Portland, Ore. Dealer
Meyers, R. E. Rt. 2, Box 68, Hillsboro, Or97123
3 Miller, Mrs. E. Ray 167 N. 12th Ave., Hillsboro, Or97123 :1 N
7 Miller, H. C. 19 Watson St., Beaverton, 0r97005 P
MILLER'S QUALITY FOODS, INC. Dealer
! Miller, Grace G.
I Mische, J. L. 2 3550 SW 178th, Aloha, Or97006 P
Box 52, Tualatin, Or97062
MISCHE NURSERY 2 0
Moeller, Gus L. Rt. 2, Box 171, Forest Grove, Or97116
G. MOELLER'S NURSERY ' A
Moffitt, Ralph Rt. 3, Box 378, Hillsboro, Or97123
Mohr, Clarence 13870 SW Fern, Tigard, 0r97223 1 0
LANDSCAPE GARDENER Dealer
Motz, John J. 22300 NW
WESTERN PLANT SUPPLY CO. Quatama Rd., Hillsboro, Or97123 4 F,N,O,E a
Motz, Donald L. Rt. 2, Box 154, Portland, Or97210
MOTZ & SON NURSERY 19 F,N,0
Nelson, Vernon R. 1950 SE Maple St., Hillsboro, Or97123
Nemeyer, Elwood C. Rt. 2, Box 6 C, Cornelius, Or97113 0
FOREST GROVE FLORIST Dealer
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1742 Larsen, Lloyd Rt 4, Box 155, Hi ;boro, Or97123 34 0,:
LARSEN'S NURSERY
g 3400 Law, J.C. & B.A. 15400 SW 109, Tigard, Or97223 h • 0
WILLOWBROOK NURSERY
1439 Lesher, Audrey D. 5955 SW Old Scholls Ferry Road, Portland, Or h 0,1-
- 3160 Leslie, Jack P. 0. Box 404, Cornelius, Or97113 • A 0
` 487 Lesser, Mrs. Phillip 2217 A Street, Forest Grove, Or97116 Dea.
2752 Lintner, Stanley P. 0. Box 904, Beaverton, 0r97005. Dea
'_`'`' 1415 Livermore, Mrs. M.C. ' Rt 1, Box 240, Sherwood, Or97140 34 . P,C
825 Lohrenz, Mr. J. Phil 12 555 SW 112 Tigard, Or97223 A 'F,N
'= 809 McCollum, W.C. & W.A. Rt 1, Box 123, Gaston, Or97119 3 0,B
- MC COLLUM'S PLANT FARM
2538 McDonald,. Wayne G. 1705 SW 170 Beaverton, Or97005 Dea:
MC DONALDS LANDSCAPE CO.
_ 192 McKinnis, R.,C., & A. Rt 2, Box 101A, Cornelius, Or97113 Dea.
773 Meltebeke, Augusta 443 East Oak, Hillsboro, Or97123 3'4 P,C
AUGUSTA'S GARDENS -
2237 Merrifield, Paula 1430 NW 88, Portland, Or97229 Y 0
- - B & B NURSERY
267.8 Fred Meyer, Inc. 7700 SW Bertha - Beaverton Hiway, Portland, Or Dea.
1544 Meyers, R. E. Rt 2, Box 68, Hillsboro, Or97123 1 N
:..1 2979 Miller, Mrs. E. Ray 167 North 12 Avenue, Hillsboro, Or97123 2 P
, -.1 1847 Miller, H. C. 19 Watson Street, Beaverton, Or97005 lea
_ ; MILLER'S QUALITY FOODS, INC.
• -i 1939 Mische, J. L. MISCHE NURSERY Box 52, Tualatin, Or97062 2 0
717 Moeller, Gus L. Rt 2, Box 171, Forest Grove, Or97116 34 A,1
:: ,r G. MOELLER' S NURSERY
��_ 1452 Moffitt, Ralph Rt 3, Box 378, Hillsboro, Or97123 1 0
3406 Morgan, Chester Star Route, Banks, Or97106 1 0,E
DAIRY CREEK FARMS
1928 Motz, John J. 22300 NW Quatama Road, Hillsboro, 0x97123 4 F,N
WESTERN PLANT SUPPLY CO.
97 Motz, Donald L. Rt 2, Box 154, Portland, Or97210 14 F,k
1 MOTZ & SON NURSERY
226 Nelson, C.J. 8765 SW Canyon Road, Portland, Or97225 ' Des
• - , 1 WEST SLOPE FLORIST
4 1003 Nelson, Vernon R. 1950 SE Maple Street, Hillsboro, Or97123 3 n
' 806 Nemeyer, Elwood C. Rt 2, Box 6C, Cornelius, Or97113 Dea
FOREST GROVE FLORIST
1894 Norrbo, Marguerite 3250 SW 72nd Avenue, Portland, Or97225 1 0,1
CRESTDALE NURSERY
• 1321 Nowell, Herbert 12435 SW Knoll Drive, Tigard, Or97223 2 0
1625 Ochs, Mike 7800 SW Durham Road, Tigard, Or97223 34 B
2532 O'Connor, Beverly & Calvin 1365 SW 170' Avenue, Beaverton, Or97005 3w P
! 1077 . Omar, W.E. OMAR NURSERY 15630 SW Pacific Hiway, Tigard,. Or97223 2 0,E
3241 Oregon Roses, Inc. 1170 E. Tualatin Valley Hiway, Hillsboro, Or97123
• a 1668 Oregon Piggly Wiggly Co. 13900 SW Pacific Hiway, Tigard, Oregon Des
2634 Oregon Piggly Wiggly Co. 18105 SW Tualatin Valley Hiway, Aloha, Or Dea
3072. Oregon Piggly Wiggly 1050 West Baseline. Hillsboro, Oregon Dea
• 2098 Ortman, F.V. & M.J.LESSER'S F.&G. 1920 21st Avenue, Forest Grove, Or97116 Dea
• 2790 Palmer, Roy M. 5465 SW Scholls Ferry Road, Portland, Or97225 1 C
A 3134 Panzer, A.O. & F.M. 17980 West Baseline Road, Beaverton, Or 2 0
d PANZER NURSERY
2504 Parmer, -Frank F. PARMER'S NURSERY 225 NW 112 Avenue, Portland, Or97229 .3 0
1606 Pattillo, Charles 7385 SW Canyon Lane, Portland, Or97225 }4 0,1
CANYON GREENHOUSES
271 Paul, Willamine C. 1025 NW 113 Portland, Or97229 36 0
LOST PARK NURSERY
2491 P?,TJ._kcrt, Mary Anne 99 SW Brnes Road, Portland, Or97225 ';:, P
/ / /iimd lllliBg II'� } I I\
July 17, 1989
CITYOF TIFARD
OR EGON
Lois I. Beran
John H. Draneas and Associates �
1800 One Main Place "\ X1 1
101 S.W. Main Street
Portland, OR 97204 -3226
14
hlg/l
ei
RE: Director's Interpretation - Lumberman's property ti
12585 S.W. Pacific Highway
Dear Ms. Beran:
This letter is in response to your correspondence dated June 21, 1989 regarding
Community Development Code requirements involving the redevelopment of the
above property. At issue is whether the George Morlan Plumbing Company's plans ,
for redevelopment of the site must be reviewed hg- -the -- City.._ through the Site
Development Review process and whether the redeveloped_site must comply with
Commute DeVelopment Code standards: I have reviewed your request with Ed
Murphy, Director, Community Development Department, and Phil Grillo, Legal
Counsel.
Facts
It is first important to outline the facts relating to this property:
The site was previously used by Lumberman's Building Supply. This
business was classified by the Code as a "construction sales and
service" business.
Lumberman's was a nonconforming use because construction sales and
service is not permitted in the C -G (Commercial General) zone which
applies to the property. This use existed prior to application of the
t current zoning regulations to the property.
3. Lumberman's has vacated the property for a period significantly longer
than six months.
4. Several aspects of the existing site improvements are not consistent
with Code requirements. These deficiencies include a building with a
floor elevation below the 100 year flood plain elevation of Fanno
Creek, deficient landscaping, impervious surface area which exceeds Code
standards, and driveway access locations that do not meet Code
requirements. Since a detailed analysis of the site has not occurred,
other Code deficiencies may also exist.
5. George Morlan Plumbing intends to establish a plumbing business that has
been preliminarily determined by the staff to be a "general retail
sales" business which is a permitted use in the C -G zone. Our
'��IQLC"i �1`S
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
Lois I. Beran
John H. Draneas and Associates
July 15, 1989
Page 2
understanding of the business is that it would include a retail sales
showroom, customer serving area, and material storage area, and offices
related to the retail sales of plumbing materials.
6. As early as April 19, 1989, the staff indicated that a Site Development
Review application and approval would be necessary prior to establishing
the new business (Attached letter from Duane Roberts).
7. In addition, City staff met with representative of George Morlan
Plumbing Co. on April 27, 1989 in a pre - application conference to
discuss the possible redevelopment of the site with regard to City of
Tigard Community Development Code requirements including the need for
review of the development plan through the Site Development Review
process.
Analysis
This interpretation is based upon two Chapters in the Code pertaining to Site
Development Review (Ch. 18.120) and Nonconforming Situations (Ch. 18.132). The
applicable provisions are discussed below.
Section 18.120.020 exempts single family residences, duplexes, minor
modifications to developed properties, and approved conditional uses,
subdivisions and mobile home park applications from the Site Development
Review process. The Morlan proposal does not correspond with any of these
categories. Major modifications to existing development, such as that proposed
for the subject site, require Site Development Review if one or more of the
criteria in Section 18.120.070 apply. Two of these criteria are relevant
because the plumbing store will require a greater number of parking spaces than
Lumberman's (1 space /400 sq. ft. vs. 1 space /1000 sq. ft. for Lumberman's) and
the new use will increase vehicular traffic by more than 20 trips per day.
The Site Development Review process is administrative and takes approximately
six weeks to complete. The redevelopment of the site will be required to meet
all Code standards, unless a specific variance application(s) is approved.
The provisions of Code Chapter 18.132 provide further evidence of the need for
the redevelopment of the site to comply with Code requirements. Section
18.132.040 D. relates to the nonconforming use of structures. The structures
on the property, including the one in the 100 year flood plain, and associated
improvements are subject to Subsection 1. d. which states:
When a nonconforming use of a structure and premises is discontinued or
abandoned for six months, the structure and premises shall not be used
except in full conformity with all regulations of the zoning district in
which it is located (emphasis added).
Lois I. Beran
John H. Draneas and Associates
July 15, 1989
Page 3
As mentioned above, the nonconforming use of the property has ceased for a
period far in excess of six months. Therefore, any future use of the buildings
and property must conform with the regulations of the Community Development
Code, including the City's flood plain regulations and the site improvement
deficiencies as noted in (4) above. Variance approval(s) would be necessary to
IP use the existing buildings and site without modifications.
In your letter it is noted that because of the provisions in Section 18.132.040
C., which applies to nonconforming structures, one building (presumably you're
referring to the building in the 100 year flood plain) is exempt and may
remain. This is true when dealing only with the structure. However, since the
se of the property and the building(s) will change, the provisions of Section
8.132.040 D. takes effect causing subsequent use of the property to conform
ith Code requirements.
a IOU
V � \ The Code Chapters 18.120 and 18.132 clearly require that a Site Development
Review application must be submitted for approval of George Morlan Plumbing's
/ plans for the site and that all relevant standards must be satisfied prior to
locating the business on the property. Since Section 18.120.070 requires Site
Development Reyiew approval, the staff has determined this process to be the
most suitable for addressing the criteria found in Chapters 18.120 and 18.132.
If Chapter 18.120 did not apply, the provisions of Chapter 18.132 would still
require compliance with all Code standards. This compliance would be assured
through some other means such as building permit approval.
MUMMINIMMINEMMEMMW
I understand that Phil Grillo will be arranging a meeting with you for later
this week to review the contents of this letter and to provide further
clarification as necessary. If an agreement regarding the Code provisions is
not reached, this interpretation may be appealed to the City Council with the
submittal of a written appeal and a fee of $50.00.
Since el , _
- j 2 ,11.,__,
Keith S. Liden
Senior Planner
C: Timothy V. Ramis
Phil Grillo
Rick Krasmien, George Morlan Plumbing
Tom Shaw
Director's Interpretation File
br /LUM.bkl
DATE: 7/17/1989
CODE SECTIONS: 18.132 `I I
18.62
I TOPIc1 Nonconforming Use: Redevelopment of Property
INTERPRETATION: At issue is whether new owner /tenant's" plans for redevelopment of the site must be
reviewed by the City through the Site Development Review process and whether the
redeveloped site must comply with Community Development Code standards.
It is important to outline the facts relating to this property:
1. The site was previously used by "previous owner /tenant ". This business was classified
by the Code as a "construction sales and service business.
2. "Previous owner /tenant" was a nonconforming use because construction sales and
service is not permitted in the C -G (Commercial General) zone which applies to the
property. This use existed prior to application of the current zoning regulations to the
property.
3. "Previous owner /tenant" has vacated the property for a period significantly longer than
six months.
4. Several aspects of the existing site improvements are not consistent with Code
requirements. These deficiencies include a building with a floor elevation below the 100 -
year- floodplain elevation of Fanno Creek, deficient landscaping, impervious surface area
which exceeds Code standards, and driveway access locations that do not meet Code
requirements. Since a detailed analysis of the site has not occurred, other Code
deficiencies may also exist.
5. New owner /tenant" intends to establish a plumbing business that has been
preliminarily determined by the staff to be a "general retail sales" business which is a
permitted use in the C -G zone. Our understanding of the business is that it would include
a retail sales showroom, customer serving area, material storage area, and offices related
to the retail sales of plumbing materials.
6. As early as April 19, 1989, staff indicated that a Site Development Review application
and approval would be necessary prior to establishing the new business.
7. In addition, City staff met with representatives of new owner /tenant" on April 27, 1989
in a pre - application conference to discuss the possible redevelopment of the site with
regard to City of Tigard Community Development Code requirements including the need
for review of the development plan through the Site Development Review process.
ANALYSIS
This interpretation is based upon two Chapters in the Code pertaining to Site Development
Review (Ch. 18.120) and Nonconforming Situations (Ch. 18.132). The applicable
provisions are discussed below.
Section 18.120.020 exempts single family residences, duplexes, minor modifications to
developed properties, and approved conditional uses, subdivisions, and mobile home park
applications from the Site Development Review process. The "new owner /Tenant"
proposal does not correspond with any of these categories. Major modifications to existing
development, such as that proposed for the subject site, require Site Development Review
if one or more of the criteria in Section 18.120.070 apply. Two of these criteria are
relevant because the plumbing store will require a greater number of parking spaces than
"previous owner /tenant" (1 space /400 sq. ft. vs. 1 space /1000 sq. ft. for "previous
owner /tenant ") and the new use will increase vehicular traffic by more than 20 trips per day.
The Site Development Review process is administrative and takes approximately six
weeks to complete. The redevelopment of the site will be required to meet all Code
standards, unless a specific variance application(s) is approved.
The provisions of Code Chapter 18.132 provide further evidence of the need for the
redevelopment of the site to comply with Code requirements. Section 18.132.040.D
relates to the nonconforming use of structures. The structures on the property, including
the one in the 100 -year floodplain, and associated improvements, are subject to
Subsection 1.d which states:
When a nonconforming use of a structure and premises is discontinued or abandoned for
six months, the structure and premises shall not be used except in full conformity with all
regulations of the zoning district in which it is located.
As mentioned above, the nonconforming use of the property has ceased for a period far in
excess of six months. Therefore, any future use of the buildings and property must
conform with the regulations of the Community Development Code, including the City's
floodplain regulations and the site improvement deficiencies as noted in (4) above.
Variance approval(s) would be necessary to use the existing buildings and site without
modifications.
In your letter, it is noted that because of the provisions in Section 18.132.040.C, which
applies to nonconforming structures, one building (presumably you're referring to the
building in the 100 -year floodplain) is exempt and may remain. This is true when dealing
only with the structure. However, since the use of the property and the building(s) will
change, the provisions of Section 18.132.040.D takes effect causing subsequent use of
the property to conform with Code requirements.
CONCLUSION
The Code Chapters 18.120 and 18.132 clearly require that a Site Development Review
application must be submitted for approval of new owner /tenant's" plans for the site and
that all relevant standards must be satisfied prior to locating the business on the property.
Since Section 18.120.070 requires Site Development Review approval, staff has
determined this process to be the most suitable for addressing the criteria found in
Chapters 18.120 and 18.132. If Chapter 18.120 did not apply, the provisions of Chapter
18.132 would still require compliance with all Code standards. This compliance would be
assured through some other means such as building permit approval.