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