HomeMy WebLinkAboutComments Miscellaneous 9/9/2008
Page I of2
GRILE Bill
"
From: Jim Hanks Oimhanks@jrhweb.com]
Sent: Tuesday, September 09, 20084:06 PM
To: . Springfield Mayor
Cc: Joseph Tokatly; Joubert, AvaN; GRILE Bill; Michael Kaiser; BOYATTTom
Subject: FW: EnterprisefTokatly
Attachments: image001.jpg; 9-05-08 ODOT Decision.pdf
I am not sure who has seen this; however, ODOT has denied the requestfor full access,
I
Jim
James R. Hanks
JRH Transportation Engineering
4765 Village Plaza Loop, Suite 201
Eugene Oregon 97401
jimhanks@jrhweb.com."
Fax 541.345.6599 .
Office 541.687.1081
From: Michael Kaiser [mailto:mkaiser@poage,net]
Sent: Tuesday, September 09, 2008 1:54 PM
To: Jim Hanks
Cc: Kelly Sandow
SUbject: Re: EnterprisejTokatly
Jim,
Here is the decision from ODOT. As I mentioned on the phone message, I don't really understand the format of how the
decision is written and maybe don't need to. I haven't talked to the owner yet but Tom Poage has been out all day and I wanted
to get his input as well as yours and ODOTS before I do anything. I am also not sure who shoulo be doing what. Tom has
wanted me to back off and let you handle ODOT and I have tried, I just don't want to drop the ball if I need to do something to
help. We can talk later as you see fit. I will let you know what Tom wants to do.
Mike
__m Original Message ---__
From: Jim H"'nks
To: Michael Kaise.r
Sent: Tuesday, September 09,20081:26 PM
Subject: RE: EnterprisefTokatly
I have not seen the letter and I did not know it was coming. I heard from the City that a decision wou,ld be given yesterday;
however I did not know what it was, Before we do much more, I would like to hear what the City hasto say, and also the
client.
Jim
James R, Hanks
Date Received:-W#P,r'
Planner: AL .
9/9/2008
Page 2 of2
JRH Transportation Engineering
4765 Village Plaza Loop, Suite 201
Eugene Or:egon 97401
jimhanks@jrhweb.com
Fax 541,34S.6S99
Office 541.687.1081
From: Michael Kaiser [mailto:mkaiser@poage.net]
Sent: Tuesday, September 09,2008 1:14 PM
To: Jim Hanks; Kelly Sandow
Subject: Enterprise/Tokatly
Did you see the denial from ODOr of our approach application, We received the official denial letter from ODOT today but
noticed it was not copied to you. Maybe you already knew it was coming. I am wondering what next. 'It looks as though we
can still get the right out but may have to submit another application, I will call Lynn Detering at ODOTj to make sure. Let me
know if you have any more suggestions.
Mike
Michael J. Kaiser, PE 56363
POAGE ENGINEERING & SIJRVEYING. INC.
, PH 54]/485-4505 FAX 541/485-5624 E-M'AIL mkaiser@poage.net
P.O. BOX 2527 EUGENE. OR 97402-0152 990 OBIE ST.
Date> Received:_WI..h"J'
Planner: AL'
9/9/2008
Theodore R. Kulongoski, Governor
Department of Transportation
"ODOT District 5
644 'A' Street
Springfield: OR 97477
. . (541) 744-8080
Fax: (541) 726-2509
L ;mn. Detcring(q:odot. state. or. us
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File Code: PMT 4.12
VIA Certified Mail
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. September 05, 2008
Michael Kaiser
Poage Engineering
PO Box 2527
Eugene, OR 97402
Subject:
Notice of Denial of Application for State Highway Approach and
Appeal Options
Highway Number 015, (McKenzie),
at Mile Point 4.83
Application Number 7395
Dear Michael Kaiser:
The Oregon Department of Transportation (the Department) has, reviewed your'
Application for State Highway Approach pursuant to the applicable administrative rules
set forth in Oregon Administrative Rule (OAR) 734 Division 51,1 Th'e Department is
unable to approve your request, and therefore the attached Application' for State
Highway Approach is denied.
,
The State of Oregon is required to manage its highways "in the best interest of the
public for the protection of the highway or road and the travelling public:' and the
Department is charged with providing a safe and efficient transportation system. 2
Accordingly, the Department has determined that.your request falls within the 'purview of
Division 51 and has made its decision based upon the criteria in the attached findings,
I If you would like a complete copy of the Chapter 734 Division 51 Rules, you may obtain them by either
visiting our website at: hltD://www.oreoon.oov/ODOT/HWY/ACCESSMGT/ or by contacting ODOT's Ruies
.Coordinator at (503) 986-3171.
, ORS 374,305. A copy of the Oregon Revised Statutes, Chapier 374 may be obtained. at:
htto :lIwww.leo.stale.or.us/ors.37 4. him i.
Date neceived:_~6utf
Planner: AL II I.
~
Notice of Denial of AppllcatJon for State Highway Approach and
And Appeal Option
Highway Number 015, (McKenzie), at Mile Point 4.83
, Application"Number 7395.
Friday, September 05.2008
" Page 2 .
Appeal Options
Although the Department has denied your Application, you do have the option~of
appealing our decision. You have Ihe choice of appealing the decision through either a
Region Review followed by an Administrative Hearing or through an Administrative
Hearing only, You may appeal this decision by requesting a Region Re.view or an
Administrative Hearing.within twenty-one (21) calendar days of the date of this notice..
A Region Review is a review of the denial decision made by Department staff with
expertise in highway development but who were not involved in the original decision.
The Review panel is assembled pursuant to the rules set forth in OAR 734-05~-O345 for
the explicit purpose of reviewing the District's decision to determine if it ~as cOrrect and
to investigate other possible solutions. If you are dissatisfied with the outcome',of the
Region Review, you are entitled to an Administrative Hearing as provided by tbe
Administrative Procedure Act (Chapter 83, Oregon Revised Statutes). As such you may
appeal the denial of your application to the Office of Administrative Hea'rings located in
Salem, The Office of Administrative Hearings will hold a formal hearing after Which an
Administrative Law Judge will decide whether the Department's decisio[l to d~ny was
correct, If you wish, you may skip the Region Review and appeal directly to the Office
of Administrative Hearings, "
If you wish to appeal the Department's decision through either a Region Review or an
Administrative Hearing, you must request one or the other and your request must be
received within twenty-one (21) calendar days of the date of this notice,
If you are requesting a Region Review, please forward your request to:
Jane S. LEE
ODOT Region 2 Manager
455 Airport Rd Bldg #B
Salem, OR 97310
If you wish to skip the Region Review and request an Administrative Hearing directly,
please forward your request to:
Office of Administrative Hearings
Transportation Hearings Division
1905 Lana Avenue
Sa)em, OR 97314
Date Received:_f~/.-f
Planner: AL y./~
Nolice 01 Denial 01 AppUcallon for state HIghway Approach and
And Appeal Option
Highway Number 015, (Pv1cKenzie), at Mile PoInt 4.83
APJ>lication'Number 7395.
Friday, September OS, 2008
, pa.ge'3
You applied for an unrestricted approach limited to right-in and right out movements. As.
outlined in the administrative findings, ODOT cannot approve this application as
requested. However, the applicant has shown the need for delivery trucks to be able to
egress directly onto the highway. This need can be adequately met by the installation
of a right-turn only highway approach that is restricted to the use of delivery trucks. This
iype of a restricted approach has very limited impacts to the highway and would
therefore not pose operational concerns. Such an approval would require signing,
striping and the addition of mountable curbing.
If you would like to discuss this decision further, your appeal options, or to apply for a
restricted approaCh for the egress of trucks with signing, striping and the 1:'ddition of
mountable curbing, please contact Lynn Detering, Permit Specialist at (541) 744-8080.
Mike pa ,District Manager
'ODOT District 5, Maintenance Office
Attachments
. c: Jamie Hollenbeak, Regional Access Management Engineer
Lynn Detering, Permit Specialist
Ann Zeltmann, Access Management Appeals Coordinator
Office of Administrative Hearings, Transportation Hearings Division
David Warren, Region 2 Traffic Manager
Jeff Lange, Region 2 Access Management Coordinator
Date Received:-1./!. ~d
Planner: AL . 1
,
111eodllTe R. Kulongoski,' Govemor
Department of Transportation
, District 5
644 'A' Street
Springlicld, OR 97477
(541) 744-8IJ80
Fax, (541) n6-~509
L ynn, Deteri~'g@;odol.stJte. or. us
File Code: PMT 4-70
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FINDINGS FOR APPLICATION FOR AN APPROACH.'
. August 27, 2008
SUBJECT:, Highway Number 015, (McKenzie),
Mile Point 4.83
Application Number 7395
BACKGROUND INFORMATION
APPLICANT
Michael Kaiser
Poage Engineering
. PO Box 2527 -
Eugene, OR 97402
PROPERTY OWNER
Joseph Tokatly
1TT Ranch LLC
PO Box 2121
Jasper, OR 97438
All requested information for this application was received and the application was
deemed complete on August 26, 2008. The application is located in Region 2, District
5.
PROPERTY INFORMATION
Property Location: SPRINGFIELD Tax Map and Lot Number(s): T17-R02-S32-31-
TL 100 Current Use of the Property: Vacant Business Site Proposed. Use of the
Property: Enterprise Car Rental Store Local Government Agency: CITY OF
SPRINGFIELD Land Use Case Number: DRC2007 -00083 Description of Site
Boundaries and Adjoining Properties: The subject tax lot 100 is bordered to the north
by tax lots 400 & 1914, to the south by McKenzie Higway, to the east by 44th Street and .
.to the west by tax lots 1912,1913, 1914 & 1915. Average DailyTraffic of the
Proposed Use of the Property: 60 vehicles per day
ACCESS INFORMATION
Reason for the Application: New Approach
FINDINGS:
. I
Date, r~eceived:-4dlo:w!
Planner: AL ,:
Findings 1m Application for an Approach
Highway Number 015, (McKenzie), at Mile Point 4.83
ApplicatJon:Number 7395.
Wednesday,August27,2008
Page 2
OAR 734-051..()080 (5) For a private approach in an urban area and on a statewide, ~gional, or
district highway or within the influence area of an expressway interchange or freeway'
interchange, with alternate access to the property, the Region Manager shall approve, an,
application if the applicant demonstrates that: .
(a) The alternate access is /'6asonable as set forth in section (8) of this rule; aild
(b) Section (10) and section (11) of this rule are met,
Findinos:
. Approach type: Private Area Type: Urban Alternate Access: Is Available
. Reasonableness of Alternate Access: Reasonable
. Section (10) (see detailed findings below): Not Met
. Section (11) (see detailed findings below): Met
Determination:
Section (5) Approval Criteria: Not Met
Reasonableness Test
OAR 734-051..()080 (8) Which approval criteria will be applied to an application (sections 2
through 7 of this rule) depends in part upon whether altemate access to the site is or can be
made reasonable, which is detennined based upon the following: '
(a) The Department detennines that alternate access to the property is sufficient to allow the
authorized uses for the property identified in the acknowledged local comprehensive plan,
(b) The Department detennines that the type, number, size and location of approaches a/'6
adequate to serve the volume and type of traffic reasonably anticipated to enter and exit the
property, based on the planned uses for the property. '
(c) The Department may require mitigation measu/'6S as set forth in OAR 734-051-014:
(A) Including where the applicant or the local jurisdiction commits proportional shares for the
cost of /'6moval or mitigation of geographic, safety, or physical /'6strictions 'On the property or
local street network; and
(B) Neither a lack of commitment by a local government to share the cost of mitigation nor
the cost of mitigation alone is detenninative in evaluating whether the access is or could be
made. reasonable, "
(d) Consideration of factors including:
(A) Legal /'6strictions;
(B) Geographic restrictions;
(C) Historical or cultural resources;
(D) Safety factors; and
(E) Physical considerations such as planned streets, roadway width, and weight and size
restrictions.
(e) Where a significant difference exists between an existing and planned local road network, a
phased method addressing access may be conside/'6d:
(A) Where a planned public street or road network cannot be provided at the time,of
development, an application may be approved with conditions requiring connection when
such connection becomes available;
Date Received:..1.4'/,fdO!'
Planner: AL
Findings for Application for an Approach
Highway Number 015, (McKenzie), al:Mile Point 4.83
Application Number 7395.
Wednesday, August 27, 2008
. Page 3
(8) The approach permit may be revoked and the approach removed, or the approach
permit may be modified and mitigation required when the planned street or road network
becomes available; and
(e) An agreement with the local govemment regarding the planned street or road,network
may be an intergovernmental agreement,
Findinos:
Alternate Access
. Type of Alternate Approach(es): Existing improved City street (44th Street)
. Number of Alternate Approaches: One
o Size of Alternate Approach(es): 32'City Street
o Location of Alternate Approach(es): Access via City 44th Street
Site Traffic
. Volume of Site Traffic: 60 vehicles per day
. Type of Site Traffic: Car rental services
Restrictions on Alternate Access
.. Legal Restrictions: None
. Geographic Restrictions: None
. Historical or Cultural Restrictions: None
. Safety Factors: None
. Physical Considerations: None
. Need for Phased Method and Future Connection: None
Determination:
Alternate Access: Reasonable
OAR 734-051-00BO (9) For pLirposes of Division 51, safety factors include:
(a) Roadway character;
(b) Traffic character;
(c) Geometric chamcter;
(d) Environmental character; and
(e) Operational character.
Findinos:
Roadwav Character
. Classification of the l:Iighway: Statewide Highway Segment Designation:
'None
Traffic Character ,
. Posted speed: 40 miles per hour Crash history:
Crash Rate Above Statewide Average ,Proposed approach is within the
influence area 42nd Street, which is number (2) on the top SPIS sites in
Region 2. , This section of Main Street is a SIP category 5, Which includes 10
or more fatal or injury-A accidents within a 3 year period. ,. I'lighway
ADT: 21,300 Highway Peak Hour Volume: Estimated:,@ 10% of
Date Received: : 1;-'1"
Planner: AL ..:If.!.) ..
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Findings for Appl!cation for: an Approach
Highway Number 015, (McKenzie), at Mile Point 4.83
Application: Number 7395.
. Wednesday. August 27, 2008
, Page 4
Highway ADT - 2,130 Peak Hour Occurs: AM Peak Projected Traffic
Growth: 3,94%
Site Volumes
. Site ADT: 60 vehicles per day Approach ADT: 30 vpd Approac/;1 Peak
Hour Volume: 3 vehicles
Geometric Character .
. Horizontal Alignment: Tangent. Vertical Alignment: Level.
. Sight distance evaluation procedure: ISD per 2001 AASHTO:'Green' Book.
Sight Distance Required: 500 feet
. Sight Distance Available to the Left (As Exiting the Approach): 1000 feet
. Sight Distance Available to the Right (As Exiting the Approach): 1000 feet
o Visibility Within Sight Triangles: Not Obstructed Sight Distance
Improvements Required: None
Environmental Character
. . Area: Urban Existing land use character of the property and roadside:
Commercial Zoning of neighboring properties: Commercial Terrain:
Flat
Ooerational Character
. Mobility: Mobility Standard Met Warrants Met: None Queueing ..Issues:
None .
Based on the proposed site layout, it is possible to get a WB-67 truck through
this site, provided the easterly side of 44th Street is signed for "no parking".
ODOT has operational concerns with proposed approach and the mis-aligned 4
legged intersection,
Determination:
Section (9) Approval Criteria: Not Met
OAR 734-051..()()80(10) As required by sections (2)-(7) of this rule an applicant must
demonstrate, consistent with Division 51 rules, that:
(a) The approach is consistent with safety factors in section (9) of this rule;
(b) Spacing standards are met ora.deviation is approved as set forth in OAR 734-051-0135;
. .
and
(c) The effect of the approach meets traffic operations standards, signals, orsignal systems
standards in OAR 734-020-0400 through 734-020-0500 and OAR 734-051-0115 and 734-051-
0125_ . \,.
Findinos:
o Safety Factors (see detailed findings above): Not Met
. Spacing Standards: Not Met, Deviation Not Approved
. Traffic Operations, Signals and Signal Systems Standards: The crash rate is
above the statewide average, 42nd Street in number 2 on the':top SPIS sites
in Region 2, This approach is within the influence area of 42nd Street. This
section of highway is a SIP category 5, which includes 10 or more fatal or
injury-A accidents within' a 3 year period, 44th Street just east,of the approach
is a mis-aligned intersection that would have vehicles turning'left out of the
"
Date Received:-0'h ~L-
Planner: AL ,
Findings for Application for.an Approach
Highway Number 015, (McKenzie), at,Mile Point 4.83
Application Number 7395.
Wednesday. ~ugust 27, 2008
, Page 5
approach conflicting with northbound vehicles on 44th Street turning left onto
the highway. 44th Street provides an access to the property that with minor
modifications to. the site plan will adequately accommodate patrons and
deliveries to the site, Not Met.
Determination:
Section (10) Approval Criteria: Not Met
OAR 734-051-0080 (11) As required by sections (5)-(7) of this rule the Department may require
an applicant to demonstrate that:
(a) Highway mobility standards are met on state highways;
(b) The approach is consistent with an Access Mitigation Plan, Access Management Strategy,
or Access Management Plan for the segment of highway abutting the property, if applicable;
(c) The site plan shows that the site circulation does not require vehicles, once on site, to
reenter the highway to access parking or other portions of the development; and .
(d) More than one approach to the highway is necessary to accommodate traffic reasonably
anticipated to the site if multiple approaches are requested.
Findinos:
. Highway Mobility Standards: Not requested
. Access Mitigation Plan, Access Management Strategy, or Access
Management Plan: No Applicable Plan
. On-Site Circulation Requirement: Met
. Multiple Approach Requirement: Not Met
The right-in/right-<lut approach requested by the applicant has notbeed shown to
be needed. ODOT is will be able to approve right-<lut approach restricted to the use of
delivery trucks that serve the business.
Determination: .
Section (11) Approval Criteria: Met
.
OAR 734-051-0135 (3) The Region Access Management Engineer shall approve ~ deviation if:
(a) Adherence to spacing standards creates safety or traffic operation problems;
(b) The applicant provides a joint approach that serves two or more properties and results in a
net reduction of approaches to the highway;
(c) The applicant demonstrates that existing development patterns or land holdings make joint
use approaches impossible;
(d) Adherence to spacing standards will cause the approach to conflict with a significant natural
or historic feature including trees and unique vegetation, a bridge, waterway, park, .
archaeological area, or cemetery;
(e) The highway segment functions as a service road;
(f) On a couplet with directional traffic separated by a city block or more, the request is for an
approach at mid-block with no other existing approaches in the block or the proposal.
consolidates existing approaches at mid-block; or i:
(g) Based on the Region Access Management Engineer's determination that: .
(A) Safety factors and spacing significantly improve as a result of the approach; and
"
Date Keceived:~~/Jtn?..r
Planner: AL .
Findings for Application tOr an Approach
Highway Number 015, (McKenzie), at'Mile Point 4.83
Application Number 7395.
Wednesday, August 27. 2008
Page-6 .
(8) Approval does not compromise the intent of these rules as set forth in OAR 734-051-
0020.
Findinos:
o Impact of Adherence to Spacing Standards on Safety and Operations:
Spacing Standards Can Not Be Met .
o Provision of Joint Approach Serving Two or More Properties:
Joint Approach Not Provided
o Existing Development Patterns or Land Holdings, Effect on Joint Use
Approaches: Joint Approaches Not Impossible
o Adherence to Spacing Standards, Effect on Significant Natural or Historic
Features: Spacing Standards Can Not Be Met
o Highway Segment Function: Not a Service Road
o Approach Located at Mid-Block of Couplet: Not on a Couplet Other
Approaches Combined at Mid-Block.of Couplet: N/A
o Region Access Management Engineer's Determination:
o Approach Impact on Safety Factors: Does Not Significantly Improve
o Approach Impact on Spacing: Do Not Significantly Improve
o Impact of Approval on the Intent of these Rules, OAR 734c051-0020:
Compromises
Determination:
Section (3) Deviation'Criteria: Not Met
OAR 734-051-0135 (4) When a deviation is considered, as set forth in section (1) offhis rule,
'and the application fflsults from in-fill or redevelopment: '
(a) The Regit;Jn Access Management Engineer may waive the requirements for a Traffic Impact
Study and may propose an altemative solution where:
fA) The requirements of either section (2) or section (3) of this rule are met; or
(8) Safety factors and spacing improve and approaches are removed or combinea resulting
in a net reduction of approaches to the highway; and
(b) Applicant may accept the proposed altemative solution or may choose to proceed through
the standard application review process, '
Findinos:
o Development Type: Infill or Redevelopment
o Approach impact on safety factors: Safety Factors Do Not Improve:
o Approach impact on spacing: Spacing Does Not Improve
o Number of approaches to the highway: No Net Reduction
o Alternative Solution: Not Accepted by Applicant
The unrestricted right-in/right-out approach requested by the applicant has not
been shown to be needed. ODOT is will be able to approve right-out approach
restricted to Ihe use of delivery trucks that serve the business. .
Determination:
Date j<{eceived:-1!~L-
Planner: AL'
Findings for Application fo~' an Approach
Highway Number 015, (McKenzie), at Mile Point 4.63
Application Number 7395.
Wednesday,August27,20OB
Page 7
TIS Requirement: Not Waived
Alternative Solution: Proposed
Section (4) Deviation Criteria: Not Met
OAR 734-051-0135 (8) The Region Access Management Engineer shall not approve, a
deviation for an approach if any of the following apply: .
(a) Spacing standards can be met even though adherence to spacing standaii:Js results in
higher site development costs"
(b) The deviation results from a self-created hardship including:
(A) Conditions created by the proposed site plan, building footprint or location, on~site
parking, or circulation; or
(8) Conditions created by lease agreements or other voluntary legal obligations.
(c) The deviation creates a significant safety or traffic operation problem.
/
Findinos,: .
o Spacing Standards: Cannot be met
o Self-Created Hardship: . With slight modifications to the parking and, or
proposed building layout the site circulation can be improved to accommodate
both large trucks and customers entering and leaving the site from 44th
Street At a very minimum, the parking along the westerly front of the building
could be revised and signed for smaller vehicles in order to improve site .
circulation,
o Impact of Deviation on Traffic Safety or Operations: Traffic Safety Problem
Determination:
Section (8) Denial Criteria: RAME shall not approve
OAR 734-051-0135 (10) Where section (2), (3), (4), (5); or (6) of this rule cannot be ~t, the
Region Manager, not a designee, may approve a deviation request where:
(a) The approach is consistent with safety factors; and
(b) The Region Manager-identifies and documents conditions or circumstances unique to the
site or the area that support the development,
Findinos:
o Applicable Sections of Rule that Cannot be Met: OAR 734-051-0135 (3) & (4)
o Consistency with Safety Factors: Approach"is Not Consistent
o Conditions or Circumstances Unique to the Site or Area Have Been
Documented: No
Determination:
Section (10) Deviation Approval Criteria: Not Met
Oat€' fieceived:-4 ~j,n!
Planner: AL .
Findings for AppI~on for ari Approach
Highway Number 015, (McKenzM3), at MR9 Point 4.83
AppUcallon Number 7395.
VVedneSday,Augusl27,2006
Page 8
DECISION:
Application for Approach: Denied
The applicant applied for an unreslricted approach limited to right-in and right out
movements, As outlined in theadminstrative findings, ODOT cannot approve this
application as requested, However, the applicant has shown the need for delivery
trucks to be able to egress directly onto the highway, This need can be a~equately met
by the installation of a right-turn only highway approach that is restricted to the use of
delivery trucks, This type of a restricted approach has very limited impacts to the
highway and would therefore not pose operational concerns, Such an approval would
require signing, striping and the addition of mountable curbing, .
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