HomeMy WebLinkAboutMiscellaneous Correspondence 1987-9-11
, ~ Dear 'Ms. Harmon, , . .
~~y husband and I and some of our older chlldren wlll be in Ashland
~ ~ for a Shakespeare play next week, so I'll try to get this letter
~ ~ statinghow the property will be used ready for you.
, No one will be residing inthe home at 1655 Diamond during the
~ ~~me the property isused for child care; there will be no double
"f;' . occupancy. One daughter went back to school. The other, wh~~
~ iWOrking, will set up headquarters with u~ ~~f~in.~)
VOWe plan to begin, in part, Wednesday, September 16. By the
_~following Monday, we'll be in full swing although we will not, ~If)
~it looks, be using the home to capacity. In keeping with the ~~
~ ~City Hearings Official's decision, we've cut our enrollment con- ~
~ ~siderably. We'll have 20 in the morning, and then we'll have __
. I~ a smaller group (about 77) in the afternoon so that the building V\
c:::2ra---:~~ code won't be violated. (limit of 20 to the building) ~~'
~ the 21st ,
. ~e hope that by MondayAour trafflc patterns are*smoothed
~3we've worked very hard with our parents, and they intend
~ Jithe area as if it were their own neighborhood.
~ - Thank you for the additional copy of the forms; it does save me I ~
.r;' , from digging in the midst of the moving and shuffling. ~~ ~
~~~' Jack, my husband, will be getting the Lane County septic tank s~e~
'~ letter early next week. ~
,. t*The first few days the parents will undoubtedly want to bring~) ~
, their own children, after which more carpooling shall develop. " ~
Jack fixed the steps on the front porch so that there is not
the "drop off" that concerned the building people.
At this point, I cannot think of additional questions. I'll cal~
you if any come up.
The Dev. Agree. and Contr. Ann. Agree. forms will accompany the\
Sanitation letter as per your request.~
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'i Carden Willomette
t057 Anderson Ln, . Springfield. Oregon 97477 . Ph, (503) 746-7145//
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City of Springfield
Office of Community & Economic Development
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September II, 1987
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Hopefully I'll get this to you next Monday.
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
~~ THIS DE VEIJllll4j: $' ~IiGREEMENT, hereinafter "Agreement", is entered into this
.' day of~, 1987 by and between the CITY OF SPRINGFIELD,
relnafter "City~, \ind JANEl GAMBEE hereinafter "Applicant", in accordance with
Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3).
REC ITALS
WHEREAS, on the 13th day of May, 1987, the City approved Site Plan
Application submitted by the Applicant for the purpose of allowing:
The operation of a child care facilaity at 1655 Diamond Street. Assessor's
Map 17-03-33-14 Tax Lot 902. This approval does not include the operation
of the child care facility in conjunction with the use of the structure as
a single family residence.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Bu i I di n9 Permit, and the issuance of an Occupancy Permi t, as specifi ed 1 n the
Springfield Development Code Sectlon 31.090, Applicant agrees to comply with
all the standards of the Sprin9field Development Code and Springfield Municipal
COde whlcn may be applicable to this development project, including but not
limited to, the following:
1. The Slgning of a contractual annexation agreement prior to the utilization
of the property as a child care facllity.
WHEREAS, in considerat'ion for Site .Plan approval, the lssuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Sprin9fleld Development Cod~ Section 31.090, Applicant agrees to comply with the
following specific conditions imposed by the City as part of the Site Plan
approval:
1. The facility be limited to the service of 29 or fewer children of age five
or younger per day. (This conditlon is intended to ensure conformity with
the requirements of SDC 2.020 and it is the intent of the Hearings Officlal
that any lessening of the age restrictions of this Code provision shall be
automatically applled to this application.) Hours of operatjon Shall be
limited to 9:00 a.m. through 3:00 p.m. during weekdays.
2. Prior to the utillzatlon of the property for residential uses during the
operation of the child care facility, a parking site plan, which meets the
requirements of SDC 31.090, shall be approved by the Director.
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Until such time
of the property
is in operation.
as a plan is submited and approved, the residential use'
shall not occur durln9 the months the Chlld care facility
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Prior to the operatlon of the child care facillty, the applicant must
either receive approval from the County Sanitarian for the operation of the
existing subsurface sewage dlsposal system or hook up to the Springfleld
sanitary sewer system.
3.
Site Plan Development Agreement
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4. After one year from this decision, (Decision Date: May 13, 1987) the
Director shall investigate whether the child care facility has produced
suOstantial noise impacts upon the adjacent and surroundlng neighborhood.
If such a finding is made, the Hearings Official shall reopen this site
plan approval on the issue of the mltigation of noise.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
AGREEMENT
1. FINAL SITE PLAN. The applicant agrees to suOmit a Final Site Plan in
accordance with Section 31.080 of the Springfield Development Code concurrently
with this Agreement.
2. STANDARDS. The applicant agrees to fulfill all applicaOle standards
specified in the Springfield Development Code and the specific standards listed
in RECITALS prlor to occupancy, unless certaln standards have Oeen deferred to a
later date in accordance with Section 31.110 of the Springfield Development
COde.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions
of approval required by the City listed in RECITALS prior to occupancy, unless
certain conditions have been deferred to a later date in accordance with Section
31.110 of the Springfield Development Code.
4. MODIFICATIONS.
Site ~lan without first
Plan shall De reviewed
Development Code.
The applicant agrees not to mOdify the approved Final
notifying the Clty. Modifications to the Final Site
in accordance with Section 31.100 of the Springfield
5. MAINTAINING THE USE. The applicant agrees to the following:
(a) The buildlng and site shall be maintained in accordance wlth the
provisions of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property owner to
maintain th~ planting required by'Sectlon 31.140 of the Springfield Development
Code 'in an attractive manner free of weeds and other lnvading vegetation. In
addition, plantlogs in the vision clearance area shall be trimmed to meet the 2
1/2 foot height standard in accordance with Section 32.070 of the Springfield
Development Code.
in a
shall
(c) ParKlng lots shall De maintained by the property owner or tenant
condltion free of litter or dust, and deteriorated pavement conditions
be imoroved to maintain conformance with these standards.
(d) Undeveloped land within the development area shall De maintained
free of trash and stored materials in a mowed and attractive manner.
U~developed land shall not be used for parKing.
Site Plan Development Agreement
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6. In addition to all other remedies which may be provided by law or
equity (includin9 but not limited to penalties provided by applicable state law
or city ordinances) Applicant agrees that City may enforce Applicant's
responSibilities by withholding or terminating Applicant's Occupancy Permit.
7.
use of
the date
Any Final Site ~an
the property for the
of this Agreement.
approved becomes null and void if construction or
use approved does not commence within one year of
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as
of the date first hereinabove written.
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STATE OF OREGON. County of ~~
I~Jd4, I~ . 198+-.
~ .;j, ~~J U . who aCknowledged the foregoing instrument to
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De thelr vo untary act. e ore
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BY: '
Personally appeared the above named
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lMy Commission expires f-F-f9
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STA TE OF OREGON. County of do 1'111_
. 198____ Personally
~it-l1U(kt . i1. n'V\. ofl
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appeared the above named
. who acknowledged the foregoing instrument to
be their voluntary act. Before me:
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Notary Pub IlC tor Oregon
My Commission expires
Site Plan Development Agreement
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PETITION FOR ANNEXATION AND CONSENT
TO ANNEXATION
To: City of Springfield, Lane County, Oregon.
The Petitioner,
petitions, consents, and represents as tOI lOWS:
1. Rea 1 Property: The unders i gned Pet i t i oner (s) owns rea I property located
outside the Clty limlts, but located within the adopted Urban Growth Boundary
depicted in the Eugene-Springfield Metropolitan Area General Plan, herein referred to
as the Property and more particularly described in Exhibit "A", attached hereto and
made a part hereof.
2. Irrevocable Petition and Consent to Contiquous Annexation: The
petitioner(s) hereby lrrevocably petltlons and consents to'contlguous annexation of
the Property to the City of Springfield pursuant to ORS 222.170. Petitioner(s)
petitions, consents and agrees that the City Council in its sole discretlon, now or
at any time hereafter, may adopt a resolution inltiating contiguous annexation under
ORS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the
Property to the City. The Petitioner(s) consents to including in such proceeding any
other property the Clty Council may direct or which the owner(s) have petitioned and
consented to the annexation.
Consent
and ORS
Petltloner(s) understands, consents, and agrees that this Petition and
may be used by the City to meet the requirements of ORS 199.490 (1)(b) & (c)
199.490 (3)(b) & (c).
Petitloner(s) also irrevocably authorizes the City to present this Petition
and Consent to th'e Lane County Local Government Boundary Commission to initiate any
minor boundary change under ORS 199.490 (1) as an interim measure to provide service
to the Property prior to its annexation to the Clty.
In consideratlon for-thiS Petltion and Consent Agreement, the City agrees
that the Petitioner(s) Property may -receive municipal services from the City and
Petitloner(s) may undertake, the development of the Property in accordance with the
Springfield Development Code and other applicable City plans, policies and standards
and wi th the requ i rements of Lane County.
3. Binding on' Successors: Petitioner(s) agree ,that Petitioner(s) and
Petitioner(s) helrs and successors in interest in the Property shall be bound by this
Petition for Annexation and Consent to Annexation which shall run with the Property,
and that notice of this document will be recorded by the City in the deeds and
records for Lane County. A copy of the notlce has been executed by the Petitioner(s)
and is presented herewit~ to the City.
4. New Use: Petitioner(s) must obtain City's approval for any new use, change
of use, or lntensification ,of use of the Property. The City wi 11 grant approval of
the use if it ls in compliance with the Springfield Development Code and other
applicable plans, policies, and standards as lnterpreted by the City.
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5. Cost of Service in the Event Annexation Denied: If an administrative
agency or court ot competent Jur1sdict10n determ1nes that the Property or part of it
may not be annexed to the City .or that the City may provide no service to the
Property or the part, the City may retain all consideration theretofore paid to the
City for serving the Property and may collect in addition thereto whatever additional
considerations are due the City for services the City has provided prior to the
determination that the Property may not be annexed to the City or the City may not
provide services to it.
6. No Limitation on First Amendment Rights: Although this Petition for
Annexation and Consent to Annexat10n 1S b1nding upon Petitioner(s), and may be used
for the purposes for which Petitioner(s) has agreed, nothing herein shall be
construed as limiting or infringing upon Petitioner(s)' right to speak out, comment
upon, or present arguments regarding the advisability of proceeding with the
annexation proceeding. It is specifically understood by Petitioner(s) that in
executing this Agreement, a situation may arise wherein Petitioner(s) may be opposed
to the annexation and would have all rights under the First Amendment to articulate
that opposition but the Petition and Consent of Petitioner(s) as contained herein
wi 11 be used for the pu rposes herei n descri bed' by Ci ty in order to achi eve and
demonstrate compliance with ORS 199.490.
7. Provision of Services: In executing this Petition and Consent it is
specifically understood that any annexation shall be contingent in its application to
any particular annexation request upon the annexing City, within a logical and
reasonable time, to provide key urban facilities and services, including, where
applicable, sanitary sewers, solid waste management, water service, fire protection,
police protection, parks and recreation programs, electrical service, land use
controls, communication facilities, pUblic schools on a district-wide basis (in other
words, not necessarily within walking distance of all students served), paved streets
with adequate provision for storm water run-off and ~edestrian travel.
,
the
the
8. Application: The City shall not levy assessments, taxes or fees against
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ACCEPTANCE BY CITY:
The City of Springfield hereby accepts Petitioner(s) Petition for Annexation and
Consent to Annexation and by this acceptance acknowledges this as an Agreement
meeting the requirements of Lane County Code 10.183-05 through -55.
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Plann1ng and Development Director ."
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esPRINGFIELD
CITY OF SPRINGFIELD
Office of Community & Economic Development
CERTIFIED LETTER
September 9, 1987
Mr. and Mrs. Gambee
1057 Anderson Lane
Springfield, OR 97477
Subject: 1655 Diamond Street, Child Care Facility, City Journal Number 87-01-13
Dear Mr. and Mrs. Gambee:
Our office received notice from the Land Use
the appeal filed by Fred and Susan Piquette.
dismiss this case, the approval you received
remains valid.
Board of Appeals (LUBA) dismissing
Based upon LUBA's decision to
from the City Hearing's Official
Prior to your use of this property as a child care facility the following items
are pending your completion. These items were discussed in my letter to you
dated May 22, 1987 (copy enclosed).
1. If you do not have your daughters or anyone else residing in the home at 1655
Diamond Street during the months the property is used for a child care
facility there will be no double occupancy and the parking plan will not be
required. If at any time in the future this property is anticipated to be
used as both a child care fadli ty and residence a plan must be submi tted and
approved by the Planning & Development Director prior to the double
occupancy.
Please submit a letter stating how this property will be used.
2. There shall b~n t~mDora~v use o~he property. Once the process of signing
the Development Agreement and Annexation Agreements as well as other
conditions are complete the child care facility can be utilized.
I have enclosed another copy of the Development Agreement and Contract
Annexation Agreement forms in the event you are unable to locate yours.
These documents must be signed and submitted to the Planning and Development
Department within 90 days (by December 8, 1987).' If these documents are not
submitted within this 90 day period all approvals become null and void.
This 90 day process normally begins at the time of site plan approval;
however, it was postponed pending the appeal before LUBA.
,225 North 5th Street . Springfield, Oregon 97477 · 503/726-3753
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The'septic tank permi t you sent is insufficient. A letter from Lane count~
stating that the existing septic tank system is approved for the proposed
child care facility relative to the number of children (as permitted by the
Hearings Official) and supervisors that will be utilizing the facility.
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This letter needs to
Annexation forms.
accompany the
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signed Development Agreement and Contract
~e thank you for your anticipated cooperation in completing the above items prior
to utilizing your property as a child care facility.
If you have additional questions please call this office to discuss them.
Cordially,
~!!:.o~
Development Permit Coordinator
enclosures: May 22, 1987 letter
Development Agreement
Contract Annexation forms
copy to: Keith Martin, Attorney at Law
Mike Farthing, Attorney at Law
Fred and Susan Piquette, Appellant
Gary Darnielle, City Hearings Official
Joe Leahy, Assistant City Attorney
Greg ~interowd, Planning & Development Director
Gregory S. Matt, Development Code Administrator
Dave Puent, Building Official
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PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF SPRINGFIELD
Don Moore
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SPRINGFIELD
.. CITY OF SPRINGFIELD
Office of Community & Economic Development
Planning and Development Department
February 9, 1987
Mr. and Mrs. Jack Gambee
1057 Anderson Lane
Springfield, Oregon 97477
Subject: Occupancy Inspection at 1655 Diamond Street, Springfield, Oregon.
Dear Mr. and Mrs. Gambee:
At your request, the Springfield Building Safety Division recently conducted an
inspection of the building at the above address. The purpose of the inspection
was to determine the suitability of the building for the proposed use as a day
care facility for twenty children or less.
The proposed use will categorize the building occupancy as Group E-3. Based on
this occupancy, the existing conditions which are mentioned below, do not meet
minimum Building Safety Code requirements. Corrective measures must be taken
to install, repair, replace or modify the following items in order for the building
to conform to applicable codes:
Structural Specialty Code and Fire and Life Safety Regulations
1. A minimum of two appl'oved exits to the exterior al'e required from areas
serving more than 7 occupants (based on 35 S.F. per occupanl); the exits at
the front entry and at the family room will satisfy this requirement if the
doors serving those exits are at least 3'-0" in width, and 6'-8" in height,
and are openable from the inside without the use of a key or any special
knowledge or effort. One of the required exit doors must provide access
for the physically handicapped by means of an approved ramp.
The required exit doors must exit to a landing which is at least as wide as
the door, and it must extend a minimum of 44" in the direction of travel.
The landing must also be no greater than I" below the threshold of the
door, except that this dimension shall be reducep to 1/2" at the landing
used for handicapped access.
The steps serving the landing shall be equal in riser height (max. height =
7") and equal in tread depth (min. depth = 11"), with a variation no greater
than 3/8" from th'e shortest tread or riser to the longest for each set of
steps. The ramp providing access for the handicapped shall have a slope
no greater than I" rise for each 15" of horizontal run. '
2. The former garage shall not be used for pm' king of vehicles or fa" storing
hazardous materials beyond the quantities allowed by the City Fire Marshal.
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225 North 5th Street'. Springfield, Oregon 97477 . 503/726-3753
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Mr. and Mrs. Jack Gambee
February 9, 1987
Page 2
A smoke detector is required for the garage area. The detector may be a
properly maintained battery operated type. A detector shall also be
installed in each room which is used for sleeping purposes at any time.
3. If the former garage area is to be heated by any means, it shall be
properly insulated to achieve a thermal resistance factor of R-I9 in the
walls and R-38 in the ceiling. The concrete stem wall shall be insulated on
the outside to R-4.
4. The building address shall be located so that it is plainly visible from the
street.
5. Install a 5 lb. type ABC fire extinguisher in a location approved by the
City Fire Marshal.
6. If more than 20 children are served at anyone time, exterior walls which
are located less than 10 ft. from pl'opel'ty lines must be of I-hour fire
resistive construction. Openings in such walls must also be protected.
Electrical Specialty Safety Code
7. The existing wiring system is acceptable only if the use of the facility is
limited to 20 children or less. (If more than 20 children are sel'ved at any
time, the entire wiring system must be enclosed in approved metal conduit.)
This would involve complete rewiring of the entire building.
Plumbing Specialty Code
8. Separate rest room facilities must be provided for the boys and girls, and
shall be properly labeled at the entrances to the facilities. In addition, the
toilets must be provided with open front seats, and the lavatory faucets
must be provided with temperatul'e mixing valves for health and safety
reasons.
9. The existing plumbing system drains to an on-site septic system. This
system must be approved by the County Sanitarian as being adequate for
the proposed use.
The above items are requirements for the existing construction only. Other
items such as parking, paving, site improvements, sidewalks, etc., have not been
addressed as part of this inspection, and will be reviewed as part of the required
site plan review process.
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Mr. and MI'S. Jack Gambee
October 10, 1986
Page 3
Permits will be required for items I & 3 (items 6 & 7 if they are implemented)
as well as the instaiIation of the temperature mixing valves for the lavatories or
any additional modifications you may desire which involve changes or additions
to the structural, electrical, mechanical or plumbing systems. Required permits
may be obtained from this office.
Please note that installation and repair of electrical systems on property which
is intended for lease, sale' or rent must be done by an electrical contractor who
is licensed by the state of Oregon.
Please also note that the above items which effect the health and safety of the
occupants must be corrected and verified by the appropriate City inspectors prior
to using the building for the proposed purpbse.
[f we can be of assistance in clarifying the requirements, or the options
available to bring the building into compliance, please call us at 726-3759.
Sincerely,
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Don Moore
Structural Insp.
R1t':h~~~
Plumb./Mech Insp.
cc. Dave Puent, Duilding Official
Mike Hudman, Fir'e Marshal
Greg Mott, Development Code Administrator
Mike Evans/Land Planning Consultants 209 "Q" St., Spfd, Or.
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