I do not disagree that the specific language MMC language used regarding this site found the structure vacant at the time the TSP was completed. What I do believe is that the assumption that there was or is a zero use on the site is short sided and runs contrary to community goals of a “vibrant downtown”. Since we reserve the right to interpret our own code, I believe we can use MMC Section 13.14.100 (A) and make a finding that the building is 50 + years old, has had variable uses on the site, prior to the effective date of the SDC ordinance. We cannot accurately determine these use, only that uses existed and due to the age of the building and deficient historical record keeping practices/regulations, no increase in demands on the transportation system can be determined and the new use is exempt.
I can defend this position and any precedent it may set at a much greater extent than the argument that the use requires a $600,000+ SDC (MMC 13.14.090 (B). We can fix the language later so there is no interpretation issue. In this case, you all can go with the party line is that the CM made a decision to not charge the boutique/coffee shop an SDC.
Dan Huff
City Manager
City of Molalla, Oregon
(503)829-6855
______________________________________________________________________________
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From: Gerald Fisher <gfisher@cityofmolalla.com>
Sent: Tuesday, April 6, 2021 1:51 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Cc: Mac Corthell <mcorthell@cityofmolalla.com>
Subject: RE: Business License Application
Where are we at or where do you want us to go in SDC’s in existing buildings. Last email you said to work it out but the code states any impact to the system requires SDC’s. There were no businesses in this location when the master plan was done. As I see it, the only way not to charge SDC’s is for the Council to adopt a revision in the SDC code that addresses an existing empty building and application or no application of SDC’s in such a case. Your guidance is needed on which way you want me to proceed on this.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Darlene Bishop <dbishop@cityofmolalla.com>
Sent: Tuesday, April 6, 2021 7:06 AM
To: Gerald Fisher <gfisher@cityofmolalla.com>; Mac Corthell <mcorthell@cityofmolalla.com>
Cc: Mike Penunuri <penunuri@molallafire.org>
Subject: RE: Business License Application
Good morning Gerald,
This business license has been on hold for a couple of weeks now and Planning has signed off on the issuance of this license.
Does Public Works approve this license? Also, do they need a grease trap if they are only heating pre-made food?
Thank you,
Darlene Bishop
Executive Administrative Assistant
City of Molalla
(503)759-0291
From: Gerald Fisher <gfisher@cityofmolalla.com>
Sent: Friday, March 26, 2021 9:36 AM
To: Darlene Bishop <dbishop@cityofmolalla.com>; Mac Corthell <mcorthell@cityofmolalla.com>
Cc: Frank Schoenfeld <fschoenfeld@molallapolice.com>; Mike Penunuri <penunuri@molallafire.org>
Subject: RE: Business License Application
Once they receive approvals through Planning then PW will be good to go.
Mac – This will be SDC triggered and also will require a grease trap.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Darlene Bishop <dbishop@cityofmolalla.com>
Sent: Friday, March 26, 2021 8:23 AM
To: Frank Schoenfeld <fschoenfeld@molallapolice.com>; Mike Penunuri <penunuri@molallafire.org>; Mac Corthell <mcorthell@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: Business License Application
Good morning gentlemen,
Attached is a business license application for a new coffee shop wanting to go into the NE Corner of Main St/Molalla Ave. That location is the old Parli Boutique. They are going to serve coffee, and heat and go type foods, no cooking on site as I understand it. They will also do some retail sales of coffee. This business is currently going through a change of use process with the planning department.
Please let me know if you have and questions/comments/concerns or if you approve issuance of this business license once the change of use process is complete.
Thank you,
Darlene Bishop
Executive Administrative Assistant
City of Molalla
(503)759-0291