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HomeMy WebLinkAboutComments PLANNER 12/22/2008 Page 1 of2 L1MBIRD Andrew From: DONOVAN James Sent: Monday, December 22, 2008 9:53 AM To: L1MBIRD Andrew Cc: Mary Bridget Smith Subject: RE: RE: Draft Amended Staff Report and Decision Andy, , As discussed, lets hold the line on that one unless there is an engineering issue (ie the concrete will fioat or crack without the paving?). JD From: LJMBIRD Andrew Sent: Thursaay, December 18, 2008 1:56 PM To: DONOVAN James Subject: FW: RE: Draft Amended Staff Report and Decision JD: They did not appeal the condition requiring improvements to the property frontage, so I'm not inclined to waive it Check out the attached email train for the request from Kloos and see \'Ihat you think. Thanks Andy From: Mary Bridget Smith [mailto:mbs@emeraldlaw.com] Sent: Thursday, December 18, 2008 1:34 PM ' To: LJMBIRD Andrew Subject: Fwd: RE: Draft Amended Staff Report and Decision Andy Lambird/Limbird, So sorry! Mary Bridget Smith LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 mbs/Qlemeraldlaw.com U~l,,' r,.,ceived' Planner: AL /cl-P;;"/JOtJ( J 12/22/2008 Page 1 of2 L1MBIRD Andrew From: L1MBIRD Andrew Sent: Thursday, December 18, 2008 4:.15 PM To: 'Mary Bridget Smith' ec: DONOVAN James Subject: RE: RE: Draft Amended Staff Report and Decision I discussed the matter briefly with Jim and he echoes our concerns about the applicant's requestto defer street frontage improvements that weren't part of the appeal settlement, and that aren't usually waived by the City 'without good cause. In this case, staff contend that the frontage curb and gutter improvements are both timely and warranted. I have made some suggested edits to your comments noted below. You also might want to point out to Bill that the condition regarding paving of the driveway (Condition 23 of amended decision) wasn't appealed by Me. Helfrich, Let me know if you have any questions. Thanks Andy L From: Mary Bridget Smith [mailtci:mbs@emeraldlaw.com] Sent: Thursday, December 18, 200810:33 AM To: alambird@ci.springfield.or.us Subject: Fwd: RE: Draft Amended Staff Report and Decision Andy, This is what I'd like to send Bill: Any thoughts I feedback are appreciated. Bill, Thanks for getting back to me about the revised decision for the,Helfrich appeal. I don't agree with your request regarding folding condition 4 into condition 2. To make sure we are all on the same page about the resolution, I'd like to ~Iarify a few things. . Condition 4 pertains to curb and gutter improvements in front of Mr. Helfrich's property and itwas not appealed. , . The resolution about waiting to make improvements until TL 503 is developed, involves only paving the cul-de-sac bulb, not curb and gutter in front of Mr. Helfrich's property, . . The improvement agreement deals only with improvements to +:.;:. .;:.;:.~ b:..{,." ," the 20th Street cul-de- sac (and bulb area) once the area is annexed by the City. Mr. Helfrich will still be required to pave his driveway and install improvements in front of his property in accordance with the Development Code and provisions of the land use decision. The agreement to allow a gravel driving surface that meets t1fHe Fire Code standards applied only to the bulb portion of the cul-de-sac, not Mr. Helfrich's driveway. Are we still on the same page? ' thanks, 12/18/2008 Date Received: /;/ajdW,f Planner: AL I . Page 2 of2 Mary Bridget Smith, ; . LEAHY, VAN VACTOR & COX, L~P (541)746-9621 ., mbs@i'm.eraldlaw.com 'Please note my new email address. This e-mail is for the sole use of tti'e intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confid~ntial andlor legally privileged. If you are not the intended recipient; you are hereby notified that any disclosure; copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited, If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. , Date Received: I~/;~/>O()/ Planner: AL ' 12/18/2008 Page 1 of 1 L1MBIRD Andrew From: Mary Bridget Smith [mbs@emeraldlaw.com] ;1 Sent: Thursday, December 18, 20082:31 PM To: L1MBIRD Andrew Subject: RE: RE: Draft Amende~ Staff Report and Decision Good, tell me what you think and 1,:11 speak wi BiIL__ , >>> "L1MBIRD Andrew" <alimbird~ci,springfield.or.us> 12/18/2008 1 :56 PM >>> Got'it, thanks From: Mary Bridget Smith [mailtlmbs@emeraldlaw.com] Sent: Thursday, December 18, 2008 1:34 PM To: LlMBIRD Andrew Subject: Fwd: RE: Draft Amende~ ,Staff Report and Decision Andy Lambird/Limbird, So sorry! Mary Bridget Smith LEAHY, VAN VACTOR & COX, Ll'.P (541) 746-9621 mbs(cj)emeraldlaw,com 11 'Please note my new email address. . This e-mail is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confid~ntial and/or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosur~, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message, . 12/18/2008 DatE! ReceiVed:~/;BI.2t>dl Planner: AL Page I of I L1MBIRD Andrew From: L1MBIRD Andre~1 Sent: Thursday, Decernber 18, 2008 1 :56 PM ii, To: DONOVAN James, , , Subject: FW: RE: Draft A'Qended Staff Report and Decision Attachments: Fwd: RE: Draft Amended Staff Report and Decision . I . II JD: They did not appeal the condition requiring improvements to the property frontage, so I'm not inclined to waive it Check out the attached email train for the request from Kloos and see what you think. Thanks " Andy _~."n._.~~.._._.__._.._.._..___..===.7:.~-c-;:==.._~_ From: Mary BridgetSmith [mailto:mbs@emeraldlaw.com] Sent: Thursday, December 18, 20'08 1:34 PM To: UMBIRD Andrew " , Subject: Fwd: RE: Draft Amende9 Staff Report and Decision Andy Lambird/Limbird, So sorry! Mary Bridget Smith ' LEAHY, VAN VACTOR & COX, L~P (541) 746-9621 ,I mbs@emeraldlaw.corll .Please note my new em'ail address.. ' This e-mail is for the sole use of th'€' intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential andlor legally privileged. If you are not the intended recipient, you are , hereby notified that any disclosure'~ copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destro~ all copies of the original message. 11 12/18/2008 Date Received:~/o/~! Planner: AL Page lof1 L1MBIRD Andrew " Mary Bridget Smith [mbs@emeraldlaw,com] Thursday, December 18, 2008 10:33 AM " alambird@ci.springfield.orus . ~ Subject: Fwd: RE: Draft Amended Staff Report and Decision Attachments: RE: Draft Amend~d Staff Report and Decision From: Sent: To: Andy, Bill, Any tboughts I feedback are appreciated. 'i -I: This is what I'd like 10 send Bill: Thanks for getting back to me abo~t the revised decision for the Helfrich appeal. jl ~I I don't agree with your request regarding folding condition 4 into condition 2. To make sure we are all on the same page about the resolution, I'd like to clarify a few things. . II , . Condition 4 pertains to curB and gutter improvements in front of Mr Helfrich's property arid it was not appealed. II . The resolution about waiting to make improvements' until TL 503 is developed, involves only paving the cul'de-sac bulb, not curb and gutter in front of Helfrich's property. . The improvement agreemeht deals only with improvements to the road leading to the cul-de-sac once the area is annexed by the CitY'. Mr. Helfrich will still be required 10 pave his driveway and install , . improvements in fronl of his property. The agreement to allow gravel up to fire code standards applied only the bulb of the cul-de-sac, not Mr. Helfrich's driveway, Are we still on the same page? thanks, Mary Bridget Smith " LEAHY, VAN VACTOR & COX, L~P (541) 746-9621 mbs{a}emeraldlaw.com 'Plea~e note my new email addre~s. This e-mail is for the sole use of tt-i'e inlended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confid~ntial andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure', copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohi~ited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. 12/1812008 Data Received:~/d2?'?.f Planner: AL Page I of 1 L1MBIRD Andrew " From: Bill Kloos [billkloos@lahduseoregon,com] Sent: Thursday, December 1"8, 200810:10 AM . iI To: L1MBIRD Andrew Ii I Cc: Mary Bridget Smith; Ji~ McLaughlin; Bill Kloos Subject: RE: Draft Amended St~ff Report and Decision r Mary and Andy: . , I have looked this with Dean Jim. One small request: I' II 1. Condition 4, requiring curb and gutter prior to final plat, should be folded into Condition 2, which . .11 defers C-D-S improvement until TL 503 is improved. Same logic applies: It is much more efficient to do all the related infrastructu're on the C-D-S at the same time. I' Bill Kloos Law Office of Bill Kloos, PC 375 W 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343-8702 j, e-mail: billkloos@llanduseoreoon,c!bm Web www.LandUseOreoon.com Ii ' Please do not read, copy or disseminate this communication unless you are the intended addressee, This e-mail communication may contain confidential andlor privileged information intended only for the addressee, If you' have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me by e-mail. Thank you. From: LIMBIRD Andrew [mailto:ai'irribird@ci.springfield.or.usj Sent: Thursday, December 11, 2008 2:41 PM " To: billkloos@landuseoregon.com II Cc: mbs@emeraldlaw.com; DONOVAN James Subject: Draft Amended Staff Report and Decision I ,. Me. Kloos: Attached is a draft of tn~ amended Staff Report & Decision for the Helfrich Partition. I have highlighted the amended se<;tions ior ease of review. Please review and confirm that it is consistent with our agreed-upon changes to some of the conditions of approval. If you have any questions please contact me at 726- 3784. Thanks ! Andy Limbird City of Springfield -'I :1 Date Received' /.2/;~/')p'?f Planner: AL ! . 12/18/2008 <:0'd %Sb w ~~:~~ b~~-~0-J~U II .l . Ze.~z.. . Z8?::>:";> ~ ~ <l t::l .~ u ~ 2- j)' ~ :J \J .f- f> .~ ~ ~ il' ,I " :1 . .'1 :! "! , (?\~~""~R~~~ ; 28 WCR.,-\-> CR -f':"u<'<:- , ~ ~ Il' w<<s. "F ""...e. c"'"... ~\~"- ~ ~()rP \ ' 2~Z-z. IIi .It; '. ze-z:?:> ..... I . -!I HAYDEN BRIDGE RD: . !(9TUe) F~(',~.--.u, 1 . " . -I . I FClR ZO ~ 4 "2\ '5j. ~~ 'd) . 5()UiH 6F H,,'roilJ BRlo.::;-.,- 5E1::' . \,<\",>,,' e,-!'t::: .il . _I. ot-6 .0" 2802 ..' vN' . Ze.O\ ",,3 , .' "If=i. ". ;,<J~ . '~. .1' I ~ IO~( .'~ ..,... '. '. .'.. . . ~ . "6\1-Z.: . ". ~ . ,,,~.(,O'.""'\J:>~ofCl.lrb ;:. ", . . ~ .- '. .Il,n.e O'l""\',H.""Y\1~'-i e.!:l.) .' . -1' t 6/C:t...."'11 . . _ (QM C;:."1...- "11 . I fe. ~ ...... 'O'---4~ ,:i:'1 .' -1--'-1"" ;~q",,! : - H RAINBOW . " . .<J (J 0- I WArE I SPR1NGFIELO,'C I 7'1Il!. N'i/fP {7-03 - Z4 -4z REV, i DATEtAPPR. " -SMH~r 3iso I ~--- 5M \I! 4/"1l. .s\>l\1t3/q~ WATER . . DRAWN BY OJS. '.ENGR, JTH APPROVAL ; sc/...u , I OA T~_ ~"-".. 2' 'd l. Date. f<aceived: 1.2-11,;;-001' Planner: AL dS! :so 80 80 oaa Page I of 1 L1MBIRD Andrew I: L1MBIRD Andrew !I Thursday, December 11, 2008 2:41 PM 'billkloos@landuJeoregon.com' , 'mbs@emeraldla~.com'; DONOVAN James ;1 Subject: Draft Amended Staff Report and Decision II Attachments: AMENDED staff teport and decision - helfrich partition.doc I . From: Sent: To: Cc: I' Mr. Kloos: Attached is a draft of t~'e amended Staff Report & Decision for the Helfrich Partition. I have highlighted the amended sections for ease of review. Please review and confirm that it is consistent with our agreed-upon changes to some of the conditions of approval. If you have any questions please contact me at 726- 'I 3784. Thanks. I, II Andy Limbird City of Springfield ~~:..........I (~.;,..~~ived: Planner: AL 1.2/r /'}PtJo i / 12/11/2008 Page 1 of1 L1MBIRD Andrew From: Mary Bridget Smith [mbs@emeraldlaw.com] Ii Sent: Thursday, December 1,1, 2008 2: 11 PM To: L1MBIRD Andrew Subject: Re: Draft Amended St~ff Report Hi Andy,' 'i J I think this looks good and accurately describes the compromises that were reached. The only change I would recommend is to Condition 3 where you refer to the 80,000 Ib load. I think it would be more clear to state that it relates to the fire code or whatever reference it comes from. Make sense? Otherwise, I think it should be send to Bill Kloos for his review. Go ahead and email it to him and cc me on the emaiL By the way, I will be out of the office tomorrow, but checking 'fny email and my assistant Robyn can get a hold of me if something comes up. J . ,II thanks for yourwork on this. II 11 II Mary Bridget Smith ii LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 - II mbslalemeraldlaw.com II II 'Please note my new email address. " ' This e-mail is for the sole use of t~e intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure,-copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohi~ited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. , " >>> "L1MBIRD Andrew" <alimbird@c!.springfield.oLus> 12/11/2008 11:52 AM >>> Mary Bridget: Please review the attached staff report and confirm that I have captured the amended conditions of approval. The changes are highlighted. Let me know if you have any questions or comments. Thanks 'I Andy :1 .il 12/11/2008 DatE, r,<eC~ived: /' I; I/.. YJd Planner: AL ~