HomeMy WebLinkAboutCorrespondence APPLICANT 7/17/2008
~
Joseph M. Ferguson, PLS
2130 Daphne Strcct
Springfield, OR 97177
(541) 747-4917
July 15, 2008
og
Andy Limbird, Planner II
Urban Planning division
City of Springfield, Oregon
. Re: Site Assessment Waiver for GeoffCossen Partition (17-03-36-11, #9100)
Dear Andy,
.As we discusscd at the Development Issues Meeting for GeoffCossen on June 26
(ZON2008-00026), this is a formal request for a waiver of a Site Assessment prepared by
a licensed Civil Engineer for a proposed minor partition on the Cossen pwp",,;y at the .
northeast comer. of 26th and G Streets. In this case, the physical conditions addressed in a
Site Assessment do not exist on site; public documents included in a Site Assessment can
be included in the tentative partition application. At the least, a Site Assessment on this
property should not require the additional cost of a Civil Engineer's services.
SummarY of Reouest (each exolained in more detail below).
. The waiver is explicitly allowed in Code 5.12-120 B.
.. None of the six categories of information specified for a Site Assessment are
applicable or create problems for development of this site or adjoiners.
. The information for this Site Assessment can be provided 'by a licensed Land
Surveyor, and in fact is required for the tentative partition map which is prepared
and stamped by a Land Surveyor:
. Granting a waiver of the Civil Engineer's certification and substituting a Land
Surveyor's certification creates no dangerous precedent for future developments.
The justification can .be very narrowly defined as explained below.
. Granting such a waiver is in the public's interest.
The waiver is explicitlv allowed in Code 5.12-120 B.
The pertinent Code section reads as follows: "The Director may waive portions of the
requirement if there is a fmding that the proposed development will not have an adverse
impact on physical features or water quality, either on the site or adjacent to the site." ..
.In fact, it would be impossible to come to any other conclusion, after viewing the site and
the maps that will be included with the tentative partition application; Obviously the
Code anticipates locations where a fullbloWn Site Assessment provides no benefit to the
staff or to public welfare. The concerns addressed in a Site Assessment are not present
on this site, and all data included in a Site Assessment can be included in the tentative
partition application. At the least, we are asking for a waiver of the Site Assessment
certification by a Civil Fn2'ineer.
DM;:, i"~",celved' 11/~i~;!
Planner: AL .
'1
None of the six categories of information soecified for a Site Assessment are
ilDDlicable or create oroblems for develooment of this site or anv adioiners.
Five of the categories don't exist on or aren't applicable to this site, and the other is
simply a copy of data from the Soil Survey used regularly by City staff.
1.' The name, location, dimensions, direction of flow and top of bank on all
watercourses that are shown on the Water Quality Limited Watercourses Map on
file in the Development Services Department. There are no watercourses of
any kind on or adjacent to this property. .
2. The 100 year floodplain and floodway boundaries on the site, as specified in the
latest adopted FEMA Flood Insurance Maps or FEMA approved Letter of Map
Amendment or Letter of Map Revision. This property is completely outside of
any FEMA.mappedjloodplain.
3. The Time of Travcl Zones, as specified in Section 3.3-200 and delineated on the
Wellhead Protection Areas Map on file in the Development Services Department.
You' checked th~ item immediately following our DIM and determined that this
property is ,outside of any Wellhead Protection Areas.
4. Physical features including, but not limited to significant clusters of trees and
shrubs, watercourses shown on the WLQW Map and their riparian areas, ,
wctlands, and rock outcroppings. There are no such physical features present
on or near-the property.
5. Soil types and water table information as mapped and specified in the Soils
Survey of Lane County. This data is readilyavailable either in hard copy or
online from the Natural Resources Conservation Service. Copies will be
submitted with the partition application but don't need an engineer~s
certifICation. ' . -
6. Natural resource protection areas as specified in Section 4.3-117. No such
protection areas exist on or near the property.
The information for this Site Assessment can be orovided bv a licensed band
Survevor. and in fact the tODolITaohic data is reauired for the tentative oartition
maD which is Dreoared and stamoed bv a Land Surveyor.
ORS 672.005(2) defines "Practice of land surveying" in part as that branch of the practice
of engineering in which: :
a) Surveys are made tO,determine area or topography, to establish or reestablish
land boundaries comers or monum~nts or to subdivide or plat land;
'b) Surveys arc made to establish lines, grades or elevations or to determine or
estimate quantities of material required, removed or in place;
-Specific language could be included on a tentative partition map which addresses these
Issues.
Date Received'
Planner: Al
7/n/J-POf
~ / "
7, /', ),,6Q
i I
"
.
Grantinl! a waiver ofthe Site Assessment. or of the Civil Enl!ineer's certification
and substituting a Land Survevor's certification. creates no danl!erous orecedent
for future develooment aoolications. The waiver decision can be verv mirrowlv
defined as exolained below.
This property is flat as a pool table (nearly) and contains no water courses or significant
physical or natural features of any kind. A waiver of the Site Assessment requirements
and Engineer's certification could be granted in very carefully defined situations.
Although thesc criteria aren't codificd, they can serve as basis for finding that "the
proposed development will not have an adverse impact on physical features or water
quality, either on the site or adjacent to the site" (Code 5.12-120 B).
. There are no watercourses on the property or on adjoining properties, regardless
of Water Quality Limited status.
. The site and adjoiners are outside FEMA mapped floodplain boundaries.
. The site has an app,roximate overall slope of 1 %. Establishing slopes, contour
lines, and precisely mapping and delineating the areas described in Code 5.12-120
B. is well within the definition of Land Surveying contained in ORS 672.
. The Time of Travel Zones and Wellhead Protection Areas arc.defined on the '
City's own document. In this case, these factors aren't applicable.
. ' There are no natural resource protection areas affecting this property.
In short, four of the issues addressed in a Site Assessment don't exist on or near the
property (watercourses, floodplains, physical features, and natural resource protection
areas), onc is based on the City's own document (Wellhead Protection) and isn't
applicable, and one is data from a published manual which is probably found on
numerous desks in City Hall already.
Granting such a waiver is in the oublic's interest.
This property is in a low cost neighborhood; the proposal would further goals of
affordable housing. It shouldn't be necessary to add additional expenSe for a certification
where it clearly isn't applicable, where there is no public benefit to be gained, and where
Code anticipates cases where a waiver of some or all of thc Site Assessmcnt requirements
simply aren't needed to protect public health, safety, or welfare. .
I would be'happy to discuss any of the issues noted above and look forward to hearing
from you.
Thank you,
~~
J- F emusonPLSfa)Comcast.nel
747-4917
cc: Geoff Cossen
Date ReceiVed: 7//6/,)ppf'
Planner: AL . I I
Joseph M. Ferguson, PLS
2130 Daphnc Strccl
Sprillh>field, OR 97177
(541) 747-4917
July 15,2008
-Andy Limbird, PlannerJI
Urban Planning division
City of Springfield, Oregon
Re:' Site Assessment Waiver for Geoff Cossen Partition (17-03-36-11, #9 100)
Dear Andy,
As we discussed at the Development Issues Meeting for Gcoff Cosscn on June 26
(ZON2008-00026), this is a formal request for a waiver of a Site Assessment prepared by
a licensed Civil Engineer for a proposed minor partition on the Cossen property at the
northeast comer of 26th and G Streets. In this case, the physical conditions addressed in a
Site Assessment do not exist on site; public documents included in a Site Assessment can
be included in the tentative partition application. At the least, a Site Assessment on this
property should notrequire the additional cost of a Civil Engineer's services.
"
,
.,.. ,
, .
Summarv of Reouest (each exolainedjn more detail below).
,', .
. ,The waiver is explicitly allowed in Code 5.12:120 B.: ,.', ;
. None of the six categories of information specified for a Site Assessment are .
applicable or create problems for development of this site or adjoiners.
. The information for this Site Assessment can be provided by a licensed Land
Surveyor, and in fact is required for the tentative partition map which is prcpared
and stamped by a Land Surveyor.
. Granting a waiver of the Civil Engineer's certification and substituting a Land
Surveyor's certification creates no dangerous precedent for future developments,
The justification can be very narrowly defined as explained below.
. Granting such a waiver is in the public's interest.
The waiver is exolicitlv allowed in Code 5.12-120 B.
The pertinent'Code section reads as follows: "The Director may waive portions of the
requirement if there is a finding that:theproposed development will not have an adverse
impact on physical features or water quality, either on the site or adjacent to the site." .
In fact, it would be impossible to come to any other conclusion, after viewing the site and
the maps that will be includcd with thc tcntative partition application, Obviously thc
Code anticipates locations where a fullblown Site, Assessment provides no benefit to the
staff or to public welfare, The concerns add.ressed.in a Site Assessment are not present
on this site, 'arid all data included in a Site Assessmcnt can be iricluded in the tentative
partition application, At the least, we'ar'easking for a waiver of the Site Assessment
certification by a Civil Engineer.
Date t(eceived'
Planner: AL '-
7/17!~Of
iP1/.?Oe-f
f ..
None of the six categories of information sDecified for a Site Assessment are
aDolicable or create Droblems for develoDment of this site or anv adioiners.
Five of the categories don't exist on or aren't applicable to this site, and the other is
simply a copy of data from the Soil Survey used regularly by City staff.
./
1. 'The name, location, dimensions, direction offlow and top of bank on all
. watercourses that are shown on the Water Quality Limited Watercourses Map on
filc in the Development Scrvices DePartmcnt. There are no watercourses of
any kind on or adjacent to this property.
, 2. The 100 year floodplain and floodway boundaries on.the site, as specified in the
latest adopted FEMA Flood Insurancc Maps or FEMA approved Letter of Map
Amendment or Letter of Map Revision: This property is completely outside of
any FEMA mappedj1oodplain.
3. The Time of Travcl Zoncs, as specified in Section 3.3-200 and dclineatcd on the
Wellhead Protection Areas Map on file in the Development Services Department.
You'checked this item immediately following our DIM and determined thilt this
property is outside of any Wellhead Protection Areas.
4. Physical features including, but not limited to significant clusters of trees and
shrubs, watercourses shown on the WLQW Map and their riparian areas,
wctlands, and rock outcroppings. . Tllere are no such physicalfeatures present
on or near the property.
5. Soil types and water table information as mapped and specified in the Soils
Survey of Lane County. This data is readily, available either in hard copy or
online from the Natural Resources Conservation Service. Copies will be
submitted with the partition application but don't need an engineer's
certifICation. .
6. Natural resource protection areas as specified in Section 4.3-117. No such
protection areas exist on onlear the property.
The information for this Site Assessment can be Drovided bv a licensed Land
Survevor. and in fact the tooograohic data is reauired for the tentative Dartition
maD which is DrcDared and stamDed bv a Land Survevor.
ORS 672.005(2) defines "Practice of land surveying" in part as that branch of the practice
of engineering in which:
a) Surveys' are made to determine area 0; topography, to establish or reestablish
land boundaries corners or monuments or to subdivide or plat land;
b) Survcys arc madc to establish lines, grades or elevations or to dctermine or
estimate quantities of material required, removed or in place;
'Specifidanguage could be included on a tentative partition map which addresses these
issues.
Date Rec:eived:~,ijl)a>.f
Planner: AL .'
Granting a waiver of the Site Assessment, or ofthe Civil Eneineer'scertification
and substituting a Land Survevor's certification. creates no dangerous Drecedent
for future develoDment aDDlications. The waiver decision can be verv narrow Iv
dermed as exDlained below.
This property is flat as a pool table (nearly) and contains no water courses or significant
physical or natural features of any kind. A waiver of the Site Assessment requirements
and Engineer's certification could be granted in very carefully defined situations.
Although thesc criteria arcn't codificd, thcy can serve as basis for finding that "the
proposed development will not have an adverse impact on physical features or water
quality, either on the site or adjacent to the site" (Code 5.12-120 B).
o There are no watercourses on the property or on adjoining properties, regardless
of Water Quality Limited status.
o The site and adjoiners are outside FEMA mapped floodplain boundaries.
. The site has an approximate overall slope of 1 %. Establishing slopes, contour
lines, and precisely mapping and dclineating the areas described in Code 5.12-120
B. is well within the definition of Land Surveying contained in ORS 672.
. The Time of Travel Z9ncs and Wellhead Protection Areas arc dcfincdon the
City's own document. In this case, these factors aren't applicable.
. There are no natural resource protection areas-affecting this property.
In short, four of the issues addressed in a Site Assessment don't exist on or near the
property (watercourses, floodplains, physical features, and natural resource protection
areas), onc is bascd on thc City's own document (Wcllhead Protection) and isn't
applicable, and one is data from a published manual which is probably found on
numerous desks in City Hall already.
Granting such a waiver is in the Dublic's interest.
This property is in a low cost neighborhood; the proposal would further goals of
. affordab!c housing. It shouldn't be nccessary to add additional expense fora ccrtification
where it clearly isn't applicable, where there is no public benefit to be gained, and where
Code anticipatcscases where a ~aivcr of some or all of the Sitc Assessment requirements
simply aren't needed to protect public health, safety, or welfare.
'.
I would bc happy to discuss any ofthc issues notcd above and look forward to hearing
from you.
Thank you,
~~
J-F emusonPLSIalComcast.net
747-4917
cc: Geoff Cossen
Date; Received:_7 //~ / .J.?>or
Planner: Al . I