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HomeMy WebLinkAboutCorrespondence PWE 4/26/2008 Page I of3 LlMBIRD Andrew From: STOUDER Matt Sent: Saturday, Apnl26, 2008228 PM To: L1MBIRD Andrew Cc: DONOVAN James Subject: FW ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up FYI From: WALTER EriC Sent: Fri 4/25/2008 3:00 PM To: VOGENEY Ken Cc: STOUDER Matt; BENOY Leslie; GOODWIN Len Subject: RE: ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up Ken, My main focus IS wanting to ensure that we are being consistent and clear with our City code application, City, standards, and all obligations that we are Imposing onto the public since we are all In this together We all need to stand behind and live with the City requirements as we are all held accountable (at least the employees who are aware of any code error(s), contractual error(s), and/or inconsistent obligations that we may be Imposing onto the public) As you aware, there are often future reassessments that occur (probably more often then we would want to admit ) where we need to retrace our reasoning and have sound rationale for our obligating the public In this case, It IS good that we caught this before the development started where the developer has not Incurred any costs related to this misdirected obligation Ken, the truth IS, the present Annexation Agreement as written, appears to offer more code error, inconsistency, and even apparent deception (not necessarily intentional) rather than sound reasoning and rationale with regards to this secondary access road requirement I am not pOinting this out to be Judgmental or wanting to cause unnecessary grief for any of us (I am actually trying to save us from future grief) It IS Important to pOint out that we are only fOCUSing on the Hayden Bridge Road connection Issue as It relates to the Fire / Life Safety code miSinterpretation (contractual error), and the CIty'S ratIonale for requiring a secondary road on a proposed and City (application) approved subdiVISion layout that does not need a secondary road by code At the present moment, the Annexation Agreement as written, IS referenCing a clearly defined subdiVISion layout which also complies With City code and standards Without the need for thiS secondary road to be constructed at the developer's expense J am sure we can all agree that for a given proposed interior road layout for a given subdiVISion does need to be reviewed for the exterior roads and fixed exterior parameters and that thiS review does need to be defined up front, mainly so the developer Will clearly understand what their obligations are and why Different subdiVISion layouts Will have different code requirements With respect to road locations, traffic demands, and fire-life safety conSiderations Simply, If we are reqUiring new roads to be at a developer's or public's expense, then the rationale needs to be clearly defined and qualified The Annexation Agreement and rationale behind requiring new roads to be bUilt by the public Just need to be clearly defined so everybody understands the rationale now and In the future, especially If a new subdiVISion layout IS proposed later or If development changes hands In thiS particular annexation request, It would not be fair to ask thiS developer to be responsible to pay for a road that they do not need to bUild the subdiVISion layout that they submitted under thiS application Presently, the developer IS being led to believe that they can bUild thiS proposed lower denSity subdiVISion layout that does not reqUire the secondary road It IS Imperative that all developers be aware of the City'S rationale and baSIS for requiring such an obligations Ken, all we need to do IS put ourselves In public or applrcant's shoes Not only IS thIS a Dolan Issue but It IS a matter of faIrness and honesty All that J am asking IS that we submit clear rationale for thiS Annexation Agreement and clear-up any pOSSible misunderstanding that can arise We have an opportUnity to clear thiS up at our Development Issues Meeting that Will be occurring on May 1st where we only need to pOint out the error and misdirection and hopefully thiS developer Will stili choose to bUild thiS road at their own cost, but thiS understanding Will be clear to everyone for the record Thank you for your understanding, Date Received:. ~/.z~~~......... Planner: AL 4/28/2008 Page 2 of3 Enc Enc A Walter, P E CIvil Engineer City of Spnngfield Public Works Department 225 Fifth Street Spnngfield, OR 97477 Telephone (541) 736-1034 Facsimile (541) 736-1021 Emall ewalter@cl sonnafield or us Web www CI sonnafield or us From: VOGENEY Ken Sent: Fnday, Apnl 25, 2008 12:00 PM To: WALTER Eric Cc: STOUDER Matt; BENOY Leslie; GOODWIN Len Subject: RE: ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up Enc, Thanks for the memo I'll review this with Matt and Les next week when they return to the office I understand that the focus of your concern IS whether the Fire Code provIsion for secondary access IS correctly stated In the Agreement, namely the distinction between "30 or more" homes (as stated In the Agreement) and "more than 30" homes (as stated In the Fire Code) Thanks for pOinting out the difference, particularly since the proposed development IS for 30 homes However, from my perspective, thiS difference IS probably not matenal from the perspective of the signed Agreement As you know, the maximum density for Low Density Residential zoned land IS 10 units per acre Also, the average density that we see being constructed IS In the range of 4 5 to 5 unrts per acre We prepare Annexation Agreements based on the range of possibilities for the way a property could be developed The annexation request for thIS project was for more than 9 acres, and the annexation request did not Include a formal subdivIsion tentative application In thiS Circumstance, the maximum number of unrts could have been about 90 based on maximum density, and the number of unrts based upon the average density would have been about 40 The developer has the option to propose as many or as few unrts as they want, within the limits of the zonrng, and thiS developer happened to select a number of units that COinCidentally matched a speCific number In the Agreement Anyway, I'll discuss thiS next week with Matt and Les and we'll give you further instructions about how to proceed at that time Thanks, Ken From: WALTER Enc Sent: Thursday, April 24, 2008 3:04 PM To: VOGENEY Ken; STOUDER Matt Cc: BENOY Leslie Subject: ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up Ken and Matt, Please review attached memo for staff direction from the City Manager's Office pnor to Development Issues Meeting to be held on May 1, 2008 Date ReceiVed:rlz ;kf.. Planner: AL 4/28/2008 . '. Page 3 of3 Thank you, Enc Enc A Walter, P E CIvil Engmeer City of Spnngfield Public Works Department 225 Fifth Street Spnngfield, OR 97477 Telephone (541) 736-1034 Facsimile (541) 736-1021 Emall ewalter@cl sonnafield or us Web www CI sonnafield or us 4/28/2008 Date Received:~ftpQf Planner: Al