HomeMy WebLinkAboutCorrespondence PWE 4/29/2008 (2)
Page I of 4
L1MBIRD Andrew
From: STOUDER Matt
Sent: Tuesday, Apnl 29, 2008 9 36 AM
To: L1MBIRD Andrew, DONOVAN James
Cc: VOGENEY Ken
Subject: RE ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up
!
Andy,
Ken and I are meeting with Enc this afternoon to provide direction on this Issue I expect the Issue to be resolved
after our meeting Thanks,
Matt
From: UMBIRD Andrew
Sent: Tuesday, Apnl 29, 2008 9:23 AM
To: DONOVAN James
Cc: STOUDER Matt
Subject: FW: ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up
This Issue seems to be dragging on a lot longer than It should and IS now taking on a life of ItS own Perhaps a
different engineer should be assigned to this project
From: WALTER Eric
Sent: Tuesday, Apn129, 2008 9:19 AM
To: VOGENEY Ken
Cc: STOUDER Matt; UMBIRD Andrew
Subject: RE: ZON2008-00018 Development Issues Meeting - Memo 4-11-08 Follow-up
Ken,
This IS a follow-up response to Andy's emall Again, all we have to do IS put ourselves In the applicant's shoes
with regards to this misdirected obligation and this should make It very clear why we need to be honest with the
applicant and do the nght thing This IS a very substantial obligation the City IS requesting Requlnng an
additional road to be bUilt by a developer can actually make or break a development This IS especially true
dunng the economic times ahead of us A matter such as this can also make or break future City employment for
those who are aware of the facts but choose to do nothing Of course diSCUSSing all of the details does not need
to occur dunng the actual DIM meeting where thiS tOpiC could clearly Interrupt the flow of the meeting and the
questions they want answered I am asking for permission to set-up another meeting at the end of the DIM
meeting to diSCUSS thIS Item of clanficatlon with the applicant and bnng them up to speed with thiS misdirected
obligation
ThiS IS not an Issue of whether we are being counterproductive, thiS IS Simply a matter of fairness and honesty
and the fact that staff has knowledge of thiS error and misunderstanding The truth can never be hidden from City
or the public I am very confident the City Manager's Office and City Attorney Will want to weigh-In on thiS
deCISion as well In response to Andy's concern regarding the Development Issues Meeting being spent re-
opening the recorded Annexation Agreement, we can set-up a separate meeting With the applicants but I am
requesting the applicant be given thiS opportunity to understand the updated information and the truth surrounding
thiS obligation I am asking for a formal response to my memos to proVide the applicant With the facts and truth
and allow the applicant the opportunity to review and deCide which direction they Wish to go that may
Include constructing thiS connection on their own at their cost and With thiS knowledge I am asking for a wntten
response by 5 OOpm Wednesday, Apn130, 2008
4/29/2008
d JI/;fj;061
Date Receive :.
Planner: AL
Page 2 of 4
Enc
Enc A Walter, P E
CIvil Engineer
City of Spnngfield
Public Works Department
225 Fifth Street
Spnngfleld, OR 97477
Telephone (541) 736-1034
Facsimile (541) 736-1021
Emall ewalter@cl sonnafield or us
Web www CI sonnafield or us
From: STOUDER Matt
Sent: Monday, Apnl 2B, 200B 9:43 AM
To: WALTER Enc
Cc: VOGENEY Ken
Subject: FW: ZON200B-0001B Development Issues Meeting - Memo 4-11-0B Follow-up
FYI
From: UMBIRD Andrew
Sent: Monday, Apnl 2B, 200B 7:57 AM
To: STOUDER Matt
Cc: DONOVAN James
Subject: RE: ZON200B-0001B Development Issues Meeting - Memo 4-11-0B Follow-up
Thanks Matt Regarding the street layout, Planning's comments will be directed pnmanly to the applicant's
proposal which shows a secondary~access onto Hayden Bndge Road There may be other diSCUSSions about the
proposed pavement Interface between portions of paved vs unpaved 19th Street (Maintenance may weigh In on
thiS)
In my View, there IS no pOint In re-openlng discussions about a recorded Annexation Agreement unless the
proposal departs from provISions of the Agreement, In fact, It IS counterproductive
Andy
From: STOUDER Matt
Sent: Saturday, Apnl 26, 200B 2:2B PM
To: UMBIRD Andrew
Cc: DONOVAN James
Subject: FW: ZON200B-0001B Development Issues Meeting - Memo 4-11-0B Follow-up
FYI
From: WALTER Enc
Sent: Fri 4/25/200B 3:00 PM
To: VOGENEY Ken
Cc: STOUDER Matt; BENOY Leshe; GOODWIN Len
Subject: RE: ZON200B-0001B Development Issues Meeting - Memo 4-11-0B Follow-up
4/29/2008
Date Received:
Planner: AL
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Page 3 of 4
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 I 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 extenor 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
applicant's shoes Not only IS thiS a Dolan Issue but It IS a matter of fairness and honesty All that I 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 1 st 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,
EriC
EriC A Walter, P E
CIVil Engineer
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Telephone (541) 736-1034
FaCSimile (541) 736-1021
Emall ewalter(cUcl sDrlnafield or us
Web www CI sDrlnafield or us
From: VOGENEY Ken
Sent: Friday, April 25, 2008 12:00 PM
To: WALTER Enc
Cc: STOUDER Matt; BENOY Leslie; GOODWIN Len
4/29/2008
Date Received" i./pfP()(J!,
Planner: AL
Page 4 of 4
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 Units 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 Units could have been about 90 based on
maximum denSity, and the number of units based upon the average denSity would have been about 40 The
developer has the option to propose as many or as few units as they want, Within the limits of the zOning, 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
Thank you,
Enc
Enc A Walter, P E
CIVil Engineer
City of Spnngfleld
Public Works Department
225 Fifth Street
Spnngfield, OR 97477
Telephone (541) 736-1034
FaCSimile (541) 736-1021
Emall ewalterlalCI sonnafield or us
Web www CI sonnafield or us
4(29/2008
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Planner: AL
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