HomeMy WebLinkAboutPermit Miscellaneous 1987-9-9
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CITY OF SPRINGFIELD
Office of Community & Economic Development
CERTIFIED LETTER
September 9, 19B7
Hr. and Mrs. Gambee
1057 Anderson Lane
Springfield, OR 97477
SUbject:~iamond Str~e~ild Care Facility, City Journal Number 87-01-13
Dear Mr. and Mrs. Gambee:
Our office received notice from the Land Use
the appeal filed by Fred and Susan Piquette.
dismiss this case, the approval you received
remains valid.
Board of Appeals (LUBA) dismissing
Based upon LUBA's decision to
from the City Hearing's Official
Prior to your use of this property as a child care facility the following items
are pending your completion. T!:ese items were discussed in my letter to you
dated May 22, 19B7 (copy enclosed).
1. If you do not have your daughters or anyone else residing in the home at 1655
Diamond Street during the months the property is used for a child care
facility there will be no double occupancy and the parking plan will not be
required. If at any time in the future this property is anticipated to be
used as both a child care facility and residence a plan must be submitted and
approved by the Planning & Development Director prior to the double
occupancy.
Please submit a letter stating how this property will be used.
2. There shall be no temporary use of the property. Once the process of signing
the Development Agreement and Annexation Agreements as well as other
conditions are complete the child care facility can be utilized.
I have enclosed another copy of the Development Agreement and Contract
Annexation Agreement forms in the event you are unable to locate yours.
These documents must be signed and submitted to the Planning and Development
Department within 90 days (by December B, 1987). If these documents are not
submitted within this 90 day period all approvals become null and void.
This 90 day process normally begins at the time of site plan approval,
however, it was postponed pending the appeal before LUBA.
225 North 5th Street . Springfield, Oregon 97477 . 503/726-3753
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3. The septic tank permit you sent is insufficient. A letter from Lane County
stating that the existing septic tank system is approved for the proposed
child care facility relative to the number of children (as permitted by the
Hearings Official) aod supervisors that will be utilizing the facility.
This letter needs to accompany the signed Development Agreement and Contract
Annexation forms.
~e thank you for your anticipated cooperation in completing the above items prior
to utilizing your property as a child care facility.
If you have additional questions please call this office to discuss them.
Cordially, '
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Development Permit Coordinator
enclosures: May 22, 19B7 letter
Development Agreement
Contract Annexation forms
copy to: Keith Martin, Attorney at Law
Mike Farthing, Attorney at Law
Fred and Susan Piquette, Appellant
Gary Darniel1e, City Hearings Official
Joe Leahy, Assistant City Attorney
Greg ~interowd, Planning & Development Director
Gregory S. Mott, Development Code Administrator
Dave Puent, Building Official
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CITY OF SPRINGFIELD
Office of Community & Economic Development
CERTIFIED LETTER
May 22, 1987
Mrs. Janet Gambee
1057 Anderson Lane
Springfield, Oregon 97477
Subject: 1655 Diamond Street, Child Care Facility
Dear Mrs. Gamoee:
This is in response to your letter of May lB, 19B?
1. If you do n'ot have your daughters or anyone else living in the home at
1655 Diamond Street there will be no douole occupancy and the parking
plan will not be required. If at any time in the future this property is
anticipated to be used for both a child care facility and residence a
plan must be submitted and approved by the Director prior to its douole
occupancy.
2. There shall be no temporary use of the property. Once the process of
signing the Development Agreement, Contract Annexation Agreement and
other conditions are complete the child care facility can be used.
3. If you have concerns of grass and weeds located within the Springfie\d
city limits you can contact the Springfield Fire Department as they have
a program to abate these nuisances. The city does not enforce nuisance
issues in the County.
4. The septic tank permit you sent lS insufficient. A letter from Lane
County stating that the existing septic tank system is approved for the
proposed child care facility relative to the number of Children (as
permitted by the Hearings Official) and supervisors that wll1 be
utilizin9 the facility.
5. Enclosed is the Development Agreement and Contract Annexation Agreement.
The Development Agreement can be signed by you (please note a notary
pUblic must also sign for you). The Contract Annexatlon Agreement must
be signed by the property owner, therefore, if Mr. Reed is still the
property owner his signature must be on the contract.
225 North 5th Street . Springfield, Oregon 97477 . 503/726-3753
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If you want to arrange a meeting to discuss items relative to the Development
Agreement, Contract Annexation Agreement or septic tank approval please call
and arrange an apPointment.
Cordially,
CL~1,r+/L~(L, 01) ~j[L url t:1~
Cynthia L. Harmon
Development Permit Coordinator
cc: Greg Winterowd, Planning & Development Director
Greg Mott, Development Code Admlnistrator
Joe Leahy, Assistant City Attorney
Keith Martln, Attorney
Gary Darnielle, Hearings Official
Mike Farthing, Attorney
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this
day of , 1987 by and between the CITY OF SPRINGFIELD,
herelnafter "City", and JANET GAMBEE hereinafter "Applicant", in accordance with
Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3).
RECITALS
WHEREAS, on the 13th day of May, 1987, the City approved Site Plan
Application submitted by the Applicant for the purpose of allowing:
The operation of a child care facilaity at 1655 Diamond Street. Assessor's
Map 17-03-33-14 Tax Lot 902. This approval does not include the operation
of the child care facility in conjunction with the use of the structure as
a single family residence.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified ln the
Springfield Development Code Sectlon 31.090, Applicant agrees to comply with
all the standards of the Springfield Development Code and Springfield Municipal
COde WhlCh may be applicable to this development project, including out not
limited to, the following:
1. The slgning of a contractual annexation agreement prior to the utilization
of the property as a child care facllity.
WHEREAS, in consideration for Site Plan approval, the lssuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfleld Development Code Section 31.090, Applicant agrees to comply with the
following specific conditions imposed by the City as part of the Site Plan
approval:
1. The facility be limited to the service of 29 or fewer children of age five
or younger per day. (This conditlon is intended to ensure conformity with
the requirements of SDC 2.020 and it is the intent of the Hearings Officlal
that any lessening of the age restrictions of this Code provision shall be
automatically applied to this appllcation.) Hours of operation shall be
limited to 9:00 a.m. through 3:00 p.m. during weekdays.
2. Prior to the utillzation of the property for residential uses during the
operation of the child care facility, a parking site plan, which meets the
requirements of SDC 31.090, shall be approved by the Director.
Until such time
of the property
is in operation.
as a plan is suomited and approved, the residential use
shall not occur during the months the child care facility
3.
:
Prior to the operation of the child care facillty, the applicant must
either receive approval from the County Sanitarian for the operation of the
existing subsurface sewage dlsposal system or hook up to the Springfleld
sanitary sewer system.
Site Plan Development Agreement
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4. After one year from this decision, (Decision Date: May 13, 1987) the
Director shall investigate whether the child care facility has produced
substantial noise impacts upon the adjacent and surroundlng neighborhOOd.
If suCh a finding is made, the Hearings Official shall reopen this site
plan approval on the issue of the mitigation of noise.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
AGREEMENT
I. FINAL SITE PLAN. The applicant agrees to submit a Final Site ~an in
accordance with Section 31.080 of the Springfield Development Code concurrently
with this Agreement.
2. STANDARDS. The applicant agrees to fultill all applicable standards
specified in the Springfield Development Code and the specific standards listed
in RECITALS prlor to occupancy, unless certaln standards have been deferred to a
later date in accordance with Section 31.110 of the Springfield Development
COde.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions
of approval required by the City listed in RECITALS prior to occupancy, unless
certain conditions have been deferred to a later date in accordance with Section
31.110 of th~ Springfield Development Code.
4. MODIFICATIONS.
Site Plan without first
Plan shall be reviewed
Development Code.
The applicant agrees not to modify the approved Final
notifying the Clty. Modifications to the Final Site
in accordance with Section 31.100 of the Springfield
5. MAINTAINING THE USE. The applicant agrees to the following:
(a) The buildlng and site shall be maintained in accordance wlth the
provisions of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing Obligation of the property owner to
maintain the planting required by Sectlon 31.140 of the Springfield Development
Code in an attractive manner free of weeds and other lnvading vegetation. In
addition, plantiogs in the vision clearance area shall be trimmed to meet the 2
1/2 toot height standard in accordance with Section 32.070 of the Springfleld
Development Code.
in a
shall
(c) Parklng lots shall be maintained by the property owner or tenant
condltion free of litter or dust, and deteriorated pavement conditions
be imoroved to maintain conformance with theSe standards.
(d) Undeveloped ,land within the development area Shall be maintained
free of trash and stored materials in a mowed and attractive manner.
Undeveloped land shall not be used for parking.
Site Plan Development Agreement
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6. In addition to all other remedies which may be provided by law or
equity (including but not limited to penalties provided by applicaole state law
or city ordinances) Applicant agrees that City may enforce Applicant's
responsibilities oy withholding or terminating Applicant's Occupancy Permit.
7.
use of
the date
Any Final Site Plan approved becomes null and void if construction or
the property for the use approved does not commence within one year of
of this Agreement.
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as
of the date first hereinabove written.
APPLICANT
Uate
BY:
BY:
STATE OF OREGON, County of
, 198
Personally appeared the aoove named
, who acknowledged the foregoing instrument to
oe their voluntary act. Before me:
Notary PubllC tor Uregon
My Commission expires
CITY
BY:
Uevelopment Code Administrator
Uate
STA TE OF OREGON, County of
, 19B
Personally appeared the above named
, who acknowledged the foregoing instrument to
be their voluntary act.
Before me:
Notary Pub Ii C tor Uregon
My Commission expires
Site Plan Development Agreement
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NOTICE OF AGREEMENT
NOTICE IS GIVEN THAT and
, hereinafter referred to as "PetltlOner(s)", and
the City of Springfield, a municipal corporation of the State of Oregon, hereinafter
referred to as "City", on the day of ,19 ,entered
into an agreement governing an annexation to the City of real property identified as
Tax Lot - Assessor's Map , a legal description of which
is attached as Exhibit "A" and incorporated by reference herein.
The use and development of the above property is governed by the terms and
ronditions of the agreement signed by the parties. The agreement is filed in the
central files of the City, to which reference is hereby made for all matters and
things therein contained. This Agreement is binding on the petitioner(s)' heirs,
assigns and successors in interest in the property.
IN
day of
WITNESS WHEREOF, the parties hereto have set their hand and seal this
,19_
By:
By:
Uwner
Uate
Plannlng and Uevelopment Date
Di rector
By:
Owner
Date
STATE OF OREGON
ss.
County of Lane
a
On this
notary publlC
day of
ln the said county and
and
described herein
,19 ,before me, the undersigned,
state, personally appeared the 'within named
known to me to be the the
and who executed the same freely and
identical individuals
vol untari ly.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last
above wri tten.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
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PETITION FOR ANNEXATION AND CONSENT
TO ANNEXATION
To: City of Springfield, Lane County, Oregon.
The Petitioner,
petitions, consents, and represents as tOIIOWS:
1. Real Property: The undersigned Petitioner(s) owns real property located
outside the City Ilmlts, but located within the adopted Urban Growth Boundary
depicted in the Eugene-Springfield Metropolitan Area General Plan, herein referred to
as the Property and more particularly described in Exhibit "A", attached hereto and
made a part hereof.
2. Irrevocable Petition and Consent to ContiguouS Annexation: The
Petitioner(s} hereby irrevocably petltlons and consents to contlguous annexation of
the Property to the City of Springfield pursuant to ORS 222.170. Petitioner(s)
petitions, consents and agrees that the City Council in its sole discretion, now or
at any time hereafter, may adopt a resolution initiating contiguous annexation under
ORS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the
Property to the City. The Petitioner(s) consents to including in such proceeding any
other property the City Council may direct or which the owner(s) have petitioned and
consented to the annexation.
Consent
and ORS
Petitioner(s) understands, consents, and agrees that this Petition and
may be used by the City to meet the requirements of ORS 199.490 (1)(b) & (c)
199.490 (3)(b) & (c).
Petitioner(s) also irrevocably authorizes the City to present this Petition
and Consent to the Lane County Local Government Boundary Commission to initiate any
minor boundar'y change under ORS 199.490 (1) as an interim measure to provide service
to the Property prior to its annexation to the City.
In consideration for this Petition and Consent Agreement, the City agrees
that the Petitioner(s) Property may receive municipal services from the City and
Petitioner(s) may undertake the development of the Property in accordance with the
Springfield Development Code and other applicable City plans, policies and standards
and with the requirements of Lane County.
3. Binding on' Successors: Petitioner(s) agree that Petitioner(s) and
Petitioner(s) helrs and successors in interest in the Property shall be bound bY,this
Petition for Annexation and Consent to Annexation which shall run with the Property,
and that notice of this document will be recorded by the City in the deeds and
records for Lane County. A copy of the notice has been executed by the Petitioner(s)
and is presented herewith to the City.
4. New Use: Petitioner(s) must obtain City's approval for any new use, change
of use, or intensification of use of the Property. The City will grant approval of
the use if it is in compliance with the Springfield Development Code and other
applicable plans, policies, and standards as interpreted by the City.
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5. Cost of Service in the Event Annexation Denied: If an administrative
agency or court of competent Jurisdiction determlnes that the' Property or part of it
may not be annexed to the City ,or that the City may provide no service to the
Property or the part, the City may retain all consideration theretofore paid to the
City for serving the Property and may collect in addition thereto whatever additional
considerations are due the City for services the City has provided prior to the
determination that the Property may not be annexed to the City or the City may not
provide services to it.
6. No Limitation on First Amendment Rights: Although this Petition for
Annexation and Consent to Annexatlon lS blndlng upon Petitioner(s), and may be used
,for the purposes for which Petitioner(s) has agreed, nothing herein shall be
construed as limiting or infringing upon Petitioner(s)' right to speak out, comment
upon, or present arguments regarding the advisability of proceeding with the
annexation proceeding. It is specifically understood by Petitioner(s) that in
executing this Agreement, a situation may arise wherein Petitioner(s) may be opposed
to the annexation and would have all rights under the First Amendment to articulate
that opposition but the Petition and Consent of Petitioner(s) as contained herein
will be used for the purposes herein described by City in order to achieve and
demonstrate compliance with ORS 199.490.
7. Provision of Services: In executing this Petition and Consent it is
specifically understood that any annexation shall be contingent in its application to
any particular annexation request upon the annexing City, within a logical and
reasonable time, to provide key urban facilities and services, including, where
applicable, sanitary sewers, solid waste management, water service, fire protection,
police protection, parks and recreation programs, electrical service, land use
controls, communication facilities, public schools on a district-wide basis (in other
words, not necessarily within walking distance of all students served), paved streets
with adequate provision for storm water run-off and pedestrian travel.
the
the
8. Application:
consentlng landowner
rest of the City.
The City shall not levy assessments, taxes or fees against
not applied to properties of similar character throughout
DATED this
day of_
, 19
Petltloner
Petitloner
ACCEPTANCE BY CITY:
The City of Springfield hereby accepts Petitioner(s) Petition for Annexation and
Consent to Annexation and by this acceptance acknowledges this as an Agreement
meeti ng the requi rements of Lane County Code 10.183-05 through -55.
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Planning and Development Dlrector