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DIR1989-00006 r IAA, .t.,,-' <1.- , , `„' 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 �� V 1 w% s "9� 1 �' '"�r4111tW(1 • t4 A y r i � � . , d c r 7 . .,trr y1 , , r !=* .. v �` 0 `. {,,, y , „ ,f,. "ih . � � f"r r f ti r f f � ,, + , + fi'i ,,rk ! , t -f. *' w t .,.,.,,. .;.,-';a:4'.'!"-!"!!`"!:. : y." ''T t.R � ` ri Y t Y 1 a dS�.A �+iran I Ni _ -`'Val .. � ..1,4 Y , r' y .{ .. 1 ,43 ,� ,,.' ....1-..,........14:.-).:.!!:...'...:—;, . ' �• p . f . � 4 y v �r � i s } ,a,. { 1r r Pi t`- - • ^ ' fit/ c ' ^ i N t . 1 - f Sy r ,» r 2' "° h r s � r �`? ,- - „. ►,.a °�” d » „� ? 4 y A - * ,b ay' l % dt , ,, , �v� 7 i k 1 ' a `'P+' r : i f +rr Jt o +r�r' "yi` .�.`�( h,4 ,'� f t try SJ ,) " -.rJ ,r+ r " q µ � : 2 ,, ; ,..p. � •t, � a t r � —, . .,t t '-',;4,„,,,,,,,.„ :,"O D� ,C r x D•h a e i .. t'. 'hN. J`^'.' K r. �i!`,• °IVV j 'r'l• x�Vii rli .,,J'r'7 { -" i 'h ,y ., y / ,. ,. 1 r "tr o+ ate iyi 4:40 , -w it y.Y a w:: f•.�,lrr . r : s k � '' . ,. r r . j 9 '� ', yt . � . , , , ,, , ,, r ' ? ".'� ." „'� �'1., ... - 0,,, -"r' s �� r 4 � �� - y fly , • r..r'4�'fi7 S ' .- • 't g4 � s t . A t' �f j rt k r' k i J r _ A +r'�lM '� >p i LJ R 1 L) . ti E �; � 'i �1'Y \ Y I'N• � 3f r�/", pp '1C I � T3 f 3 •r + :r r .11 11+iW^. x ?y I l+ L t s. .�, t ti, r is r 4` y:'�'s. � f, i l ' t � ,`` �r C + f ' , ' + f , i r k �„_ t !"��i ��. } ' < . r 4,. .` ' T- ♦ ... ,f t . . y'e`a 1 r. f te T } Ft '' ri l 1 .,,..... . �f4 �, �; . 'b,�i ` � . Y 1 1 ~ °t kx 2 t i i fi r' ► ± 1 k w Z ciu 1 Qs g e" ° D ) ' tj / o • • • • R. A. JOHNSON CO. ow bpring Lane, Port',nd, 722 Or9 _ � ` 0 '' 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 4 0 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, ' 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 .......;,„.....,.;.....,„:,::_...1.,, „I: .,1. ,..,-; :. - • .. ti t.. It OREO0n A. i p.S BEM, 0 __ , 6 6- 67 L - ._;_,.... „.,.. N _ . , .. 1 x $ - .? "'- y , ' -' i v a 3 , b. ' -,,,,,,,-,-...t. ? i t a..£he` a?� t , ■ -c ; * - '' i + , � .4; ' •"- ."-- ''," , ^'`" .^. �- •-,: ;-.. :,",; ,, :i . - "^ xr az' Est" +fat;ra 7' - ..9. ;9,X, a.r. k .+; 94.,.9 .,...:''; ' - ' - F Y j : ' . -. 7 L . .. 3 - p ' 1 .. . 4 -..... ,..,..i...r Si. Y' • t c • +5 ' £ ' + y . ,, • • ,-,. ti :.e-, ..� . ,, "..3sG w s swr 4 > • =„�,-- � _ - -- ,,,„ x' . `t, . . - - - .c `' �-ru ti r » - .a te �is� .t' .r -.,t . s. - -. -.. . ' u> 3 - ��°ir. C?� •t .bti � " 4;- { T: R''";'"' .. _ v _ . -s.s.. a' A .- f . '. -' . . Z,�a-r J f:- --.7;.,- s A. l - + , .� �'�"!44 < r z • - , .. - ".�. s c� xc .a -- �. -''' µ --, - --s, arn, Yr "-"-.. - c 1.,. �'.., 'I; : . .- ..k n ' . -__ -;. .y. Y r t i t' " :� , �:.:�oi�. vPL IffiIN6 ;�� _ , r ! t t ,4 z AUG 11989 sate � 3... T ' � �v. } ...�� +{Tye' ♦JN" �-�,{, y..!k / f - .,......,.......,„,....„ • '� ' r STATE DEPART N • r . , ± . -- , „ "' .- •� r � r -...r;;1•\:,,.:!:... j ` o.` , OF AGRICULTUR x -�'� . ter r A,:., ' PLANT DIVISIO: { " ' ' 635 CAPITOL ST. N.E _ ,- iL. ^ Y" .�` , i SALEM, OREG01' . C. \ t F s ,., '\ v _�.� ..-- _ --- _ ... �, , _ - ' 0 ' _ WASHINGTON COUNTY - ^.ontinuea 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.