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HomeMy WebLinkAboutBuilding Correspondence 1987-9-9 . . . . ,A- CITY OF SPRINGFIELD Office of Community & Economic Development CERTIFIED LETTER September 9, 1987 Hr. and Hrs. Gambee 1057 Anderson Lane Springfield, OR 97477 SUbject:~iamond Str~e~ild Care Facility, City Journal Number 87-01-13 Dear Hr. 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. T!:ese items were discussed in my letter to you dated Hay 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 facility and residence a plan must be submitted 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 be no temporary use of the 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 ..., I~ . . 3. The septic tank permit you sent is insufficient. A letter from Lane County 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. This letter needs to accompany the signed Development Agreement and Contract Annexation forms. ~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, ' ~~:!.,~ 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 " " ~ , . 11..- , , . . CITY OF SPRINGFIELD Office of Community & Economic Development CERTIFIED LETTER May 22, 1987 Mrs. Janet Gambee 1057 Anderson Lane Springfield, Oregon 97477 Subject: 1655 Diamond Street, Child Care Facility Dear Mrs. Gambee: Tnis is in response to your letter of May 18. 1987. 1. If you do n'ot have your daughters or anyone else living In the home at 1655 Diamond Street 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 for both a child care facility and residence a plan must be submitted and approved by the Director prior to its double occupancy. 2. There shall be no temporary use of the property. Once the process of signing the Development Agreement, Contract Annexation Agreement and other conditions are complete the child care facility can be used. 3. If you have concerns of grass and weeds located within the Springfie\d city limits you can contact the Springfield Fire Department as they have a program to abate these nuisances. The city does not enforce nuisance issues in the County. 4. The septic tank permit you sent 1S insufficient. A letter from Lane County 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 w111 be utilizing the facility. 5. Enclosed is the Development Agreement and Contract Annexation A9reement. The Development Agreement can be signed by you (please note a notary pUblic must also sign for you). The Contract Annexat10n Agreement must be signed by the property owner, therefore, if Mr. Reed is still the property owner his signature must be on the contract. 225 North 5th Street . Springfield, Oregon 97477 . 503/726-3753 . . . If you want to arrange a meeting to discuss items relative to the Development Agreement, Contract Annexation Agreement or septic tanK approval please call and arrange an apPointment. Cordially, CL~1,r+/L~(L, 01) ~j[L url t:1~ Cynthia L. Harmon Development Permit Coordinator cc: Greg Winterowd, Planning & Development Director Greg Mott, Development Code Admlnistrator Joe Leahy, Assistant City Attorney Keith Martln, Attorney Gary Darnielle, Hearings Official Mike Farthing, Attorney '-, " . . , SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this day of , 1987 by and between the CITY OF SPRINGFIELD, herelnafter "City", and JANET GAMBEE hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS 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 Building Permit, and the issuance of an Occupancy Permit, as specified ln the Springfield Development Code Sectlon 31.090, Applicant agrees to comply with all the standardS of the Springfield Development Code and Springfield Municipal COde WhlCh 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 consideration for Site Plan approval, the lssuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfleld Development Code 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 applied td this appllcation.) Hours of operation shall be limited to g:OO a.m. through 3:00 p.m. during weekdays. 2. Prior to the utillzation 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 Dire~tor. Until such time of the property is in operation. as a plan is submited and approved, the residential use shall not occur during the months the child care facility 3. : Prior to the operation 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. Site Plan Development Agreement 1 . . . . 4. After one year from this decision, (Decision Date: May 13, 1987) the Director shall investigate whether the child care facility has produced sUbstantial 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 mitigation 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 sUbmit a Final Site Man in accordance with Section 31.080 of the Springfield Development Code concurrently with this Agreement. 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in RECITALS prlor to occupancy, unless certaln standards have been 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 th~ Springfield Development Code. 4. MODIFICATIONS. Site Plan without first Plan shall be 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 the planting required by Sectlon 31.140 of the Springfield Development Code in an attractive manner free of weeds and other lnvading vegetation. In addition, plantings 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 Springfleld Development Code. in a shall (c) Parklng lots shall be 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 snall be maintained free of trash and stored materials in a mowed and attractive manner. Undeveloped land shall not be used for parking. Site Plan Development Agreement 2 " . . . 6. In addition to all other remedies which may be provided by law or equity (including 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 Plan approved becomes null and void if construction or the property for the use approved does not commence within one year of of this Agreement. IN WITNESS WHEREOF. the Applicant and the City have executed this Agreement as of the date first hereinabove written. APPLICANT Oate BY: BY: STATE OF OREGON, County of , 198 Personally appeared the above named , who acknowledged the foregoing instrument to be their voluntary act. Before me: Notary PubllC tor Oregon My Commission expires CITY BY: Oevelopment Code Administrator Oate STA TE OF OREGON, County of . 198 Personally appeared the above named . who acknowledged the foregoing instrument to be their voluntary act. Before me: Notary Pub Ii C tor Oregon My Commission expires Site Plan Development Agreement 3 " . , . . NOTICE OF AGREEMENT NOTICE IS GIVEN THAT and , hereinafter referred to as "PetltlOner(s)", and the City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as "City", on the day of ,19 ,entered into an agreement governing an annexation to th~ City of real property identified as Tax Lot - Assessor's Map , a legal description of which is attached as Exhibit "A" and incorporated by reference herein. The use and development of the above property is governed by the terms and ronditions of the agreement signed by the parties. The agreement is filed in the central files of the City, to which reference is hereby made for all matters and things therein contained. This Agreement is binding on the petitioner(s)' heirs, assigns and successors in interest in the property. IN day of WITNESS WHEREOF, the parties hereto have set their hand and seal this ,19_ By: By: Uwner Date Plannlng and Development Date Di rector By: Owner Date STATE OF OREGON ss. County of Lane a On this notary publlC day of ln the said county and and described herein ,19 ,before me, the undersigned, state, personally appeared the 'within named known to me to be the the and who executed the same freely and identical individuals vol untari ly. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above wri tten. NOTARY PUBLIC FOR OREGON My Commission Expires: . ' , . . . PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION To: City of Springfield, Lane County, Oregon. The Petitioner, petitions, consents, and represents as tallows: 1. Real Property: The undersigned Petitioner(s) owns real property located outside the City Ilmlts, 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 ContiguouS Annexation: The Petitioner(sl hereby irrevocably 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 discretion, now or at any time hereafter, may adopt a resolution initiating 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 City Council may direct or which the owner(s) have petitioned and consented to the annexation. Consent and ORS Petitioner(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). Petitioner(s) also irrevocably authorizes the City to present this Petition and Consent to the Lane County Local Government Boundary Commission to initiate any minor boundar'y change under ORS 199.490 (1) as an interim measure to provide service to the Property prior to its annexation to the City. In consideration for this Petition and Consent Agreement, the City agrees that the Petitioner(s) Property may receive municipal services from the City and Petitioner(s) may undertake the development of the Property in accordance with the Springfield Development Code and other applicable City plans, policies and standards and with the requirements 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 notice has been executed by the Petitioner(s) and is presented herewith to the City. 4. New Use: Petitioner(s) must obtain City's approval for any new use, change of use, or intensification of use of the Property. The City will grant approval of the use if it is in compliance with the Springfield Development Code and other applicable plans, policies, and standards as interpreted by the City. . . " ' , . . , 5. Cost of Service in the Event Annexation Denied: If an administrative agency or court of competent Jurisdiction 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 b1nd1ng 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) I 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 will be used for the purposes herein described by City in order to achieve 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 pedestrian travel. the the 8. Application: consent1ng landowner rest of the City. The City shall not levy assessments, taxes or fees against not applied to properties of similar character throughout DATED this day of_ , 19 Pet1t10ner Petit10ner 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 meeti ng the requi rements of Lane County Code 10.183-05 through -55. " Planning and Development D1rector