HomeMy WebLinkAboutPermit Miscellaneous 1987-5-22
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SPRINGFIELD
CITY OF SPRINGFIELD
Office of Community & Economic Development
CERTIF lED LETTER
May 22, 1987
Mrs. Janet Gamoee
1057 Anderson Lane
Sprin9field, Or gon~
Subje 1655 Diam~e~Ghild Care Facility
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Dear Mrs. Gamoee:
This is in response to your letter of May lB, 19B7.
1. If you do not have your daughters or anyone else jiving in the home at
1655 Diamond Street 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 for both a child care facility and residence a
plan must be submitted and approved by the Director prior to its double
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 witnin the Springfiel,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 will be
utillzing 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 sti 11 the
property owner his signature must be on the contract.
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225 North 5th Street . Springfield, Oregon 97477 · 503/726-3753
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If you want to arrange a meeting to discuss
Agreement, Contract Annexation Agreement or
and arrange an appointment.
items relative to the Development
septic tank approval please call
Cordially,
(! J lov*/~CL' // ~jo./U1'l Ur~
~~ia 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,
herel nafter "City", and JANEf GAMBEE herei nafter "App 1 i cant", in accordance wi th
Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3).
REC ITALS
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 wlth 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 in the
Springfield Development Code Section 31.090, Applicant agrees to comply with
all the standards of the Springfield Development Code and Springfield Municipal
COde whiCh may be applicable to this development project, including but not
limited to, the followin9:
1. The slgnin9 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 issuance 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
approva 1:
1. The facility be limited to the service of 29 or fewer children of age five
or younger per day. (This condition is intended to ensure conformity with
the requirements of SDC 2.020 and it is the intent of the Hearings Official
that any lessening of the age restrictions of this Code provision shall be
automatically applied to this application.) Hours of operation shall oe
limited to 9:00 a.m. through 3:00 p.m. during weekdays.
2. Prior to the utillzatlon 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.
Unt i 1 such time
of the property
is in operation.
as a plan is submited and approved, the residential use
shall not occur during the months the Chlld 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
existin9 suDsurface sewage disposal system or hook up to the Springfleld
sanitary sewer system.
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Site Plan Development Agreement
1
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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 m1tigation 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
1. FINAL SITE PLAN. The applicant agrees to submit a Final Site Plan in
accordance with Section 31.080 of the Springfield Development Code concurrently
with this Agreement.
2. STANDARDS. The applicant agrees to fulfill 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 the Springfield Development Code.
4. MODIFICATIONS.
Site Plan without first
Plan shall oe reviewed
Development Code.
The applicant agrees not to modify the approved Final
notifying, the City. 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 building and site shall be maintained in accordance with the
provisions of the Sprlngfield 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 Section 31.140 of the Springfield Development
Code in an attractive manner free of weeds and other lnvading vegetation. In
addition, plantlngs in the vision clearance area shall be trimmed to meet the 2
1/2 foot height standard in accordance with Section 32.070 of the Springfield
Development Code.
(c) Parking lots shall oe maintained by the property owner or tenant
in a condition free of litter or dust, and deteriorated pavement conditions
Shall 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.
Si te Pl an Development Agreement
2
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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 applicable state law
or city ordinances) Applicant agrees that City may enforce Applicant's
responsibilities by 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
BY:
Uate
BY:
STATE OF OREGON, County of
, 19B
Personally appeared the aoove named
, who acknowledged the foregoing instrument to
oe their voluntary act. Before me:
Notary Public tor Ore90n
My Commission expires
CITY
BY:
Oevelopment Code Administrator
Uate
STATE OF OREGON, County of
, 19B
Personally appeared the above named
, who acknowledged the foregoing instrument to
be their voluntary act. Before me:
Notary Pub I i C tor Uregon
My Commission explres
Site Plan Development Agreement
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NOTICE OF AGREEMENT
NOTICE IS GIVEN THAT and
, hereinafter reterred to as .Petltloner(s)", and
the City of Sprin9field, a municipal corporation of the State of Dregon, 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
Date
Plannlng and Development Date
Di rector
By:
Owner
Date
STATE OF OREGON
ss.
County of Lane
a
On this
notary publiC
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 untarily.
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 Pet it i oner.
petitions, consents, and represents as follows:
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 petltions and consents to contiguous 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 (l)(b) & (c)
199.490 (3)(b) & (c).
Petitioner(s) also irrevocably authorizes the City to present this Petition
and Consent to th'e Lane County Local Government Boundary Commission to initiate any
minor boundary 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) heirs 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 ot 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 is blnding 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:
consenting 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
dQ ~
, 19
~etltloner
Petit10ner
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
meeting the requirements of Lane County Code 10.183-05 through -55.
Plannlng and Development Dlrector
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May 18, 1987
Dear Ms. Harmon,
Your letter of May 13th , helps to clarify and to give overview.
I itill have a few questions with which I need some help~
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J.':_~;~. r<~~~: rt'
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1. If our daughters, Courtenay and Sarah, move over here for
a week so that we don't have 40uble occupancy for the three
hours a day, we would only need the three parking places
instea~ of the five. Do we still need to sub.it a parking
plan?
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We'll just wait until next spring and see if we have girls
coming home. If so, we'll deal with the double occupancy
issue then, particularly since our preschool closes the end
of May,this spring, and it is nearly the end of May!
2. We would like a week over at Diamond to do a t~ run to
prepare for next fall. We also feel it'd help with neighbor
relations this summer if they could see us in action a week
so that the unnecessary fears could be dispelled. Can you
prepare the Development Agreement in accordan1e with Section
31.090 of the SDC? Also may we have a copy of~e contractual
annexation agreement that the SDC requires?
3. Mr. Mott told me and two others that we could avoid annexation
if we went through the site plan review process? Is that correct,
4. Will you immediately send to Keith the names of and complaints
of any persons? For example,I know someone said that we use
lighted candles, but we were not given the name of the complaint-
ant.Also, we need toknow who ,recently indicated to Mr. Winterowc
that we are"operating" over there. Can you routinely let us
know the specifics? We have the right to this information, is
that not correct? '
PerhaQs some persons don't even know that we are not "operating"
when we have the class of five students over there. We are not
operating a child care facility there and have not since January
7th.
5. We thought that the City required grass to be kept at a reasonabl
length in fields. Is the property in the Diamondh~e area not
supervised by the City in that respect? Can you let me know
with whom I can speak to learn what the code is on this and
who has authority so that we can speak with the owners of the
surrounding fields which are hazanhus in terms of broken toys,
etc., that are thrown there, but more importantly are obstructing
our view when we leave our driveway. Also, the weed spreading
is of some concern, as is the fire hazard before too long.
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p.2,
6. Enclosed is a copy of the septic permit. Do you need one
sent directly from the County, or is this sufficient?
7. May I sit down with you soon to pick up the requested information
and so that you can answer the above questions? If Mr. Winterowd
or Mott needs to be there, will you invite them? As you can see
from the enclosed bill, this has been extremely costly to us
as individuals. We'd like to do what we can to simplify and~~
expedite things as much as possible.
8. Mrs. DeWitt told me personally that the City was on their
side and that Cynthia Harmon never wanted to hear my name again.
I don't understand this at all, having not spoken with you since
September. Can you give me some insight1ie the basi~ of'this?l
We have daughters working 50+ hrs. a week to pay for schooling,
sons on paper routes (one of them got up at 4:30 every morning
for 4 yrs. to deliver the Guard), etc. saving for college and
other expenses. It will take us many years to payoff the debts
from ~this year's experience with a neighborhood and the City.
It also made us feel really bad when we learned th~ the Planning
Dept. got apparent pleasure out of believing that we had missed
the appeal deadline. What have we dQne to deserve this?
I am NOT trying to stir up feelings and trouble. We genuinely
would like to work things out with the Planning Dept. a~ this
level. and are going on the assumption, at this time, that it is
9. fo~gafJealso like some clarification on the statement of the
May 13th letter to this effect:
"The Planning & Development Director shall make'his determinatiol
upon any complaints received from neighboring property owners."
Is this Mr. Winterowd? What determination would he be making?
What protection to we have from a few neighbors who are obviousl;
making ignorant as well as untruthful accusations? If fue City
really believes that the wild tongued comments it receives from
whomever are based on fact, do we have any protection if the
City does not investigate so that it can find we are not in
violation? ----
Thank you for your time. Hopefully we can sit down some afternoon
this week., We'll call for an appointment. We do have some other
questions re specifics and logistics, but I'll not itemize them here
Anderson Lane
Oregon
MAIUNG ADDRESS
P.O. BOX 11620
EUr.:ENE. OREGON 97440-3620
~G, LONG: WATKINSON &~, P. C.
ATTORNEYS AND COUNSELORS AT LAW
400 SOUTH PARK BUILDING
101 EAST BROADWAY
EUGENE. OREGON 97401.3114
(503) 485-0220
6639-AKM
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TAXPAYER I,D, NO.
93-0644033
John E. (Jack) Gambee
1057 Anderson Lane
Sprinqfield. OR 97477
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1.945.1\3
Date
Services
Performed
Costs and ~
,Expenses
Balance
3/31/87
Ralance prior state~pnt
Payments received
______~.!l.!l
1.945.1'3
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Legal services for the period
April 1. 1987 to date. as
shown on the attached itemized
statement of services
MATTER TOTAL
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~y rayments recei~ed after 4/30/R7
ill appear on your ne~T statement.
,
John E. (Jack) Gambee 6639- ~M
1057 Andprson Lane ~---
Springfield. OR 97477 &:
Statement Aalance 3.043.R3
PLEASE RETURN THIS PORTION WI TH YOUR REMlTT ANCE .~./
HARRANG. LONG. WATKINSON (1, ARNOLD. P.C.
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FOR OFFICE USE ONLY
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PROpoSED USE OF PROPERTY
o Residential D Industrial
o Commercial D Public.
I HAVE CAREFULLY EXAMINED THE COMPLETED APPLICATION POR PERM1T. <Iud .10 hcreUy cert.ify t_hat all infol"lllatioll hereon is true and correct, and that I
have the following legal interest in the property: Downer of record; 0 Cc.n<:rd<..:t PllrCha3er)~thorized agent.
r f-..:.rthor certify that any and all work performed shall be done in <>.t:cotdaac;, ....ith tr.o:t ordln.a~ LAnu County and the La....s of the State of Oregon
pertaining to the work described herein, and that NO OCCUPANCY ....ill be made of any st_rllctur-;; without the permission of ;he Buildinq Division, I fur-
ther certify thot registration with the Builder's Board is in full force and effect as rCt;uired by ORS 701.0SS, that if exempt the bosis for exemption
.15 noted hereon, and that only subcontractors and employees who are J.n com)J.anc~ WJ.th ORS ,1,055 WJ.11 be used on this project. I HAVE READ AND
CHECKED THIS APPLICATION THOROUGHLY. :\ I \
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Minimum Setb~17
COM.'IENTS, I;?- 0
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READ THIS SECTION CAREFULLY,
YAS BEEN BASED ON THE FOLLOWING CONDITIONS:
[] PLANNING/ZONING:
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;' II - Installation
Specifications:
Clll-L'IENTS, ~U Q ,
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" ---fERHIT APPROVED BY BUILDING OFFICIAL/DESIGNEE (cer ORS 456.805 (1)) DATE
LANE COUNTY DEPARTMENT OF PUBLIC WORKS LAND MANAGEMENT DIVISION, 687-4061,
-125 EAST 8TH AVENUE, EUGENE, OREGON 97401
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