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Home My WebLink AboutNotice PLANNER 4/11/2007 \, " --,-' - .....,-. I -' ~ , '. P.FFIDAVIT OF SERVICE srATE OF OREGON) ) ss. County of lane ) I. Karen laFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies of 5tJP.>ZoQ/;.-o6osS efti. ~.J~ ~5.tk~ (See attachment ,"A") on ~l ,2 7 addrllssed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with . postage fully prepaid thereon. '. " 'd/(jl1JM- )/JaJ~ K;RtN LaFLEUR V ~ STATE OF OREGON, County of lane .//1 /./Y ~ n. ;;rt7 tJ g RECEIVED By: Lj-II-DC " April 10, 2007 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726,3753 FAX (541) 726,3689 www.ci.~pringfield.or.us Tuan Bui 85903 Bailey Hill Road Eugene, OR 97405 RE: Subdivision application SUB2006-00055 Dear Mr. Bui: It has been brought to our attention that a clerical error was made after issuing your Type II Tentative Decision regarding the Quinalt Subdivision, Apparently, a copy of the Decision was mailed to you and your representative, Michael Kaiser as required by law, but not mailed to the four people who originally submitted written comments (listed 'on page 2 of the Staff Report and Decision): Each written comment was addressed in the Staff Report and Decision to the best extent possible under the criteria of approval for this application, and 1 feel confident that the criteria of approval for this subdivision application have been meLHciwever, the law requir~s ' those that submitted written comments during the initial14-day comment period of the application review to receive a copy of the Decision, and to allow a 15-day appeal period after the date of mailing the decision, ' Attached is a copy of the letter I recently mailed to the citizen who brought the error t.o our attention, as well as a copy of the letters.! sent out stating the appeal procedure and timeframe, If the Decision is appealed, I will present the case to the Planning Commission, The PlalUling Commission would be required to review any appeal based upon the same criteria of approval which we used for our initial review' and decicion, Again, t feel confident that the criteria of approval for this s,ubdivision application have been met. As noted in the attached letter, the appeal deadline is 5:00 p,m" April 25th, 2007, 1 will contact you if! receive an appeal application to keep you infonned of the situation, 1 can be reached at 541-726-3783 or by email atflreesor0ki.sprinQfield.or.usif you have any questions, Sincerely, ./) "'j' '/ / .f/'[/, y"2-~'(~ Oavid Reesor ' PlalUler III City of Springfield Cc, Joe Leahy, City Attomey Sarah Summers, Planning Supervisor Michael Kaiser, P,E., Poage Engineering .' ",c. .1 , ' '.'""''''"''~fii '. ,'~" ~;J 9';~9. DEVELOPMENT SERVICES DEPARTMENT ~ " 225 FIFTH STREET SPRINGFIEW.'OR 9(477 (541) 726,3753 FAX (541) 726,3689 www.ci.springfield.or.us April lOth, 2007, Debra Gelzer 1203 Fairview Drive Springfield, OR 97477 RE: Quinalt Subdivision (SUB2006-00055) DearMs: Gelzer, " Attached is a copy of the Tentative Subdivision Decision (SUB2006-00055 - Quina!( ,Subdivision) that was issued on September22nd, 2006. It has been brought to our attention that a clerical error was made in not sending you a copy ofihe Tentative Subdivision Decision for your review. As a recipient of the original 300-foot public notice for this Type II Decision, you are entitled to copy of the Decision and a l5-d~y appeal period of the Director's Decision to the Planning Commission. The appeal may be tiled with the Development Services Department by an affected party, The appeal must be in accordance with SOC, Article 15, Appeals. AnAppeals application must be submitted to the City with a fee of $250,00, The fee will,be returned to the appellant if the Planning Commission approves the appeal application, In accordance with SDC 15,020 which provides for a IS-day 'appeal period and Oregon,Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision , - 00 A il,-th '007 ' expues at:l: p.m. on pr. _:l , - . \Vhen reviewing any proposed land division, City staff are required by law to review the proposal based upon thesnecific criteria of anoroval, written in the Springfield Development Code (SDC), An appeal to the Planning Commission would be reviewed under these same criteria. As noted in the Staff Report and Decision dated September 22nd, 2006, the criteria of approval for this subdlvision is SDC Section 35,050 ([ )-(9), The written comments you originally sent were addressed in the Staff Report and Decision to the best extent possible under the criteria of approval for this application, Please refer to the attached StatTReport and Decision for Staffs response to each written comment. Thank you again for your comments related to the Quinalt Subdivision, If you have any questions, i can be reached directly at 541-726-3783. ' Sincerely, David Reesor Planner III City of Springfield COpy Cc, Joe Leahy, City Attorney " .' " . .,', \1. ,. . I ,. '. . .;~: .:' . '. ~ . ,',. '. ,. , ' ,. . '_&ll.;.l~fnNiJ~;~;&I~rR"'~F'ELD DEII,ELOPMENT.SERVICES DEPARTMENT ' .ii ' A.pril 2nd,2007, ' .. , ,"If- , ' ,225 FIFTH STREET , SPRINGFIELD, OR 97477 (541) 726,3753 FAX (541) 726'3689 _ www.ci.springfield.or.u~ Debra' Gelzer 1203 Fairview Drive Springfield, OR. 97477, RE: Quinalt Subdivision (SUB2006-00P55) . .' " , . ,~ ,. Dear' Mrs. Gelzer, . . .' . . ." '" . ". ... ,l ,:". _ This letter is written ih 'respons'e to the issues you 'raised during our phonecoriversation, , on Friday;M'arch 30'\ 2007 and the concerns you'stated in your written comments on ,September 9'\ 200'6 regarding the Quiiialt Subdivision. Please note that all of your comments have been taken into consideration during the review of this subdivision application.' ',' " , :: '. '" " ' When reviewing any proposed land division, such as the 10-10t Quinalt Subdivision, City' staff are required by law to review the proposal based upon the sDecific criteria of ,aDDroval written i1'. the Springfield Develofment Code (SDC), As noted in the Staff Report and Decision dated September 22n , 2006, the criteria of approval for this subdivision is SDC Section 35,050 (J )'~(9), All written comments that are received are", reviewed by the assigned planner and considered during the review process, Comments are very important to our review proc~ss and provide a way for neighbors to a proposed development or land division to proviqe input and state their concems, These concerns' ,are always addressed to the full extent'of which the law allows, In this case, the law' '. requires approval of a subdivision 'if itmeets the specific criteria of approval as set forth , in Section 35,050 (1)-(9). ' ' , .' As you read through the written decisi'on, you will notice that there are specific findings written regarding each of these criteri~ of approval. These criteria of approval include, standards such as minimum lot size, frontage, access, etc. If a land division proposal ' meets these standards, weare required by law,to approve the application. Irt many, instances, we attach "conditions of approval" which help bring the proposal Int~ , , compliance with the development code, In this type of review (a Type II Subdivision , Review), Citystaff does not have the ability to deny an application unless it spe,cifically ~ ' . conflicts' with the applicable criteria of approvaL Staff cannot require larger lots than the minimum size requirements set forth in the DevelopmenLCode as you suggested in your comments, The City Council adopts the Development Code which establishes these approval criteria. It is City staffs' responsibility to review and make sure the proposal is' ' in compliance with the adopted Developinent Code, 'i. Your written comments, . ,stated conckrps related to carr being parked, or abandoned, on Fairview Drive, As noted in the wri,It~dfcl;P;'fje proposed land divisionwas , reviewed by the City Traffic Engin~e~~{otnd-'ID re in compliance with the SDC as' ':I (: ' ,ji .' .:' ,,' . ' " -e. . '-." rehited to new traffic generation. Again, specific traffic offenses such as speeding and , ,abandoning cars are a law enforcement matter that is not part of this land division application review process. " , , Your written comments and phone cornments als~ indicate a concern related to the subject property being developed into a manufactured dwelling park. As we discussed on the phone, a manufactured dwelling park is defined as multiple manufactured homes placed on one lot under single ownership for rent or lease, This is not what !lie applicant 'is proposing with this application, The applicant applied for a 10-lot subdivision, which creates I 0 separate lots, which can then be sold for individual ownership. A subdivision such,as this divides the land to provide opportunity for the sale of each individual lot. By subdividing the land, a manufactured dwelling park is not possible, given the square footage of each of the new lots, Once each individual lot is sold, the new property owner will be required to apply for a separate permit to build a structure (i,e, stick-built home) or apply for placement of one single manufactured home, The State of Oregon has laws, ' ' in place which prohibit cities from discriminating against placement of single ' manufactured homes on residentially zoned lots, if all applicable.criteria are met. Again, the creation of a 10-lot subdivision does' not constitute a new manufactured dwellinl; park, ' As you requested on the phone, I researched the F~irhaven Subdivision thatwas approved ,and platted in April 1998 as a compari50n to the Quinalt, Subdivision, I've included a copy of the Fairhaven Subdivision map for you to view. As shown on the maD. lots in the 'Fairhaven Subdivision are smaller than the lots in the Ouinalt Subdivision" The Fairhaven Subdivision lot sizes range from 3',510 square feet to 5,327 square feet. The Quinalt Subdivision lot sizes range from 4;510 square feet to 9,648 square feet. The , design of the future homes in the Quinault Subdivjsion mayor may not be similar to the home designs in'the Fairhaven Subdivision - that is up to the future property owner,of , each lot to decide, The City of Springfield currently does not have any regulations regarding single family home design" , . Thank you again for your input into our review process regarding the Quinalt Subdivision, , Sincerely, David Reesor Planner III City of Springfield Cc, Joe Leahy, City Attqrney ;~~~fi;~i::.~:':~\,'",~\,,;,:;:;,:;~. :~. :"', ~.,\-\.' ::.~:;i(/}:Yr~:~~~:~}L\f~~,r,;~~:~C ,>,....,',.J-...." :,.. <! '~'. , (..'..,'."..,..' . .":" ',r-f...."'''.';''"f''''~.J",.,..j.L" -',:,:,,~"',~~' l -, ",r' , ~.' \1 .~, ;.' .... ", ~_ "'l"~ ," ,-- . .~. " C>., it, .1ifr'H:'~ ~~,,~ ~ '~'.1' ~ !' '_"~" ,},r~ -.; ,",.,:-. 4~ '[:,<.-~. ....~~ ~;" :.~ ;.- y. '~::i~'-<'.. ~ill f'l<..n~'!f~2"VI ~""",.,!j.~,;' ."l:'! ~ ro, i ...""'~'" ':;:.' 'l'~,. '~_',,'\ ,"._~~.J" .1,,,~-;,,~'.~l:...:~~~-,.ik~.k,,,:~/~P':.l>.W.:.~: ~.~~ ,f,' _. " .,. ...~_\ ~'-"lt,. ...., <,.);,.. I ,i., ,.;. ;>;'-;:1 "~i( J.,~ ,.~, \~ f'" ....f.~ ...:-.... '-... .;'~':; .""';' ,.....,.'O_~1Y.."'~~.,I_'J~. .:t~"'r;-:J ...-.... " . 'r)'" j.... ) :':f:""" '. " " r,. ;l-..' /">~ J " ;:.,....,~ ,.... "I, ."~ "1:'1\;- '. . . ..~ ~: :', . 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':.,';: ,;.: '; DEVELOPMENT SERVICES DEPARTMENT' ,::\ 'J . . -~ ~ " , 225 5th ST .. SPR!NGEIELD,.OI'l~7!l71.. " -","- ~,~:"",......... ..4. " '~-- ,-- ~ ~ TuaD Bui 85903 Bailey Hill 'Eugene, OR 97405 Rd. 'iit.; . ~b', ~.:=~~~.~~= =:~'7'- " ->..--,~.~, '~_::;,'-.'~ .CITY OF SPRINGFIELD ." ,':,; ;':;, ,., '.t ' DEVELOPMENT SERVICES DEPARTMENT '~>'",~,~i:: " '. "," ,'f,...,..~.,'N-.,Ii' ".f"' 225 5th ST ",i' '.'Il~-,-~,,"~-.,~,.:':.,~kh,.r " ., SPRINGFIEL[j.OR"97477:,,;,;~:;";I%;:!./~\;,; - ' ;.' <. -;< .,i:.~:',(i:~_:~:<Y:=:~'J~~' -.... ---, ,~-:~-:-:-::--:'-:-.-'" c ~~< ',' ,",< --,-., " Michael J. Kai~er .Poage Engi1'l:eering PO Box 2527 Eugene, OR 97402 ~~~-~;;.'S.:-~~~;:-T::~::t~~,~~_.:;~.",;~~~?:.;t~j~:--~~~~-tr;;:~j':.~~:71~