Fyi.
From: Spencer Parsons <Spencer@gov-law.com>
Sent: Thursday, September 20, 2018 11:19 AM
To: Aldo Rodriguez <arodriguez@cityofmolalla.com>
Cc: Kristen Ketchel - Bain <Kristen@gov-law.com>
Subject: FW: Jim Taylor new tenant
Aldo,
See below. I spoke to Wendie Kellington on Tuesday. Given the Code language in 17.4.2.020(A) she is siting, I believe she is correct regarding the City’s authority to require a Site Design Review process if the proposed use will not increase vehicular traffic. I also told her that, regarding the use of the property, the City’s intent is to apply the plain language of the Code…if the Code allows a use outright, it allows it outright; if it requires conditional use approval, the City will require a conditional use application, etc.
Please feel free to give me a call if you want to discuss further.
Spencer
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0014
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From: Wendie Kellington [mailto:wk@klgpc.com]
Sent: Tuesday, September 18, 2018 2:10 PM
To: Spencer Parsons
Subject: Jim Taylor new tenant
Hi Spencer,
Thanks for talking to me today, I appreciate your time very much! Jim Taylor has a new potential tenant who wishes to lease his building zoned M-2 (Heavy Industrial) in the City of Molalla. The tenant will manufacture products like animal feed and human personal items like creams and lip balms from hemp oils. The tenant won’t extract the oil, rather just buy the oil and then use it in the manufacturing process to create other products. The tenant will employ 3-4 people. The use it replaces was Superior Glass Works that had 14-16 or so employees. The City Code at 17-4.2.020(A) says that Site Design Review is not required for a “Change in occupancy from one type of land use to a different land use resulting in no increase in vehicular traffic or development.” So, I told Jim no site review is required. The tenant’s use will not increase the property’s development (the use will be wholly within the existing building) and will not increase the vehicular traffic. I understand the city planner asked Jim to have me call you to confirm no site review is required. Hence, I am reaching out to you for that confirmation. Please let me know. This is time sensitive as we have a tenant who wishes to lease the property and will not do so if she cannot use it right away as we believe she can. Thank you. Best, Wendie
Wendie L. Kellington|Attorney at Law.
P.O. Box 159
Lake Oswego Or
97034
(503) 636-0069 office
(503) 636-0102 fax
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