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HomeMy WebLinkAboutCorrespondence APPLICANT 11/9/2009 . . MARKARIAN Molly From: Sent: To: Cc: Subject: Attachments: Destin Ferdun [dferdun@lunabridge.com] Monday, November 09, 200912:48 PM MARKARIAN Molly 'Anne Delaney' Afiya: ODOT - Certified Mail ODOT - Application # 10396.pdf; ODOT - Application # 10395.pdf Molly: Here are the approach acceptances from ODOT. More soon. How is the final site plan approval review coming? Destin Ferdun Lunabridge 3575 NE Shaver Portland, Oregon 97212 Tel 971-998-7156 Fax 503-284-3422 email dferdun@llunabridge.com web http://www.lunabridge.com From: Carl Kern [mailto:ckern@sheltercare.org] Sent: Monday, November 09,200911:32 AM To: 'Destin Ferdun' Subject: RE: ODOT - Certified Mail Here ya go. From: Destin Ferdun [mailto:dferdun@lunabridge.com] Sent: Monday, November 09,200910:15 AM To: 'Carl Kern' Subject: RE: ODOT - Certified Mail Open and scan. Thanks Destin Ferdun Lunabridge 3575 NE Shaver Portland, Oregon 97212 Tel 971-998-7156 Fax 503-284-3422 email dferdun@llunabridl!e.com web http://www.lunabridge.com From: Carl Kern [mailto:ckern@sheltercare.org] Sent: Monday, November 09, 2009 9:43 AM Date Received:=m/JlJ= Planner: MEM 1 . . To: 'Destin Ferdun' Subject: ODOT - Certified Mail Good Morning Destin, I've received a certified mail envelope from ODOT addressed to you. Do you simply want me to forward onto you or open and scan? You may have obtained another copy at your office. It's still unopened. Let me know. Carl Kern, Operations Manager ShelterCare, PO Box 23338, Eugene, OR 97402 1-541-686-1262 ph; 1-541-686-0359 fx ckern(a)sheltercare.org www.she\tercare.org "Hope is here!" ~ Please consid~r the environment before printing this e-mail l:ji~i\l',:"'" r:"" .-t,.:: ....."L "..:- "" '. 2 ..... . . .; Department of Transportation ODOT District 5 644 'A' Street Springfield, OR 97477 (541) 744-8080 Fax: (541) 726-2509 John. DOWNING@odot.state.or.us .I November 05, 2009 File Code: PMT 4-16 VIA CERTIFIED MAIL DESTIN FERDUN AFIYA APARTMENTS INC PO BOX 23338 EUGENE, OR 97402 Subject: Mitigation and Construction Drawings and Plans Required for Issuance of Permit to Construct a State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.19 Application Number 10396 Dear DESTIN FERDUN: I am pleased to inform you that the Oregon Department of Transportation (ODOT) has approved the location and a development concept for your requested State Highway Approach. However, the Department's approval requires mitigation measures that are described below. Several administrative steps remain before ODOT can issue the Permit to Operate, Maintain and Use a State Highway Approach, which is the final step in the permitting process. Before you begin any work in the highway right of way, the Department must approve your construction drawings and plans and issue a construction permit This letter provides instructions for submittal of your construction drawings and plans and your appeal rights regarding the mitigation measures. The following mitigation measures will become terms and conditions of your construction permit 1. Reconstruct dustpan driveway to current ODOT standards with the appropriate signing and striping.. 2. Remove and replace the driveway abutting tax lot 4600 and any damaged asphalt within public right of way with matching curb, gutter, sidewalk and asphalt. 3. Remove all signs and vegetation within the vicinity of the driveway and public right of way to improve driver sight distance at the driveway and along the highway (Main Street) . Date RacaiVed:~ Planner: MEM . . . Approval of Application with Mitigation for State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.19 Application Number 10396. Thursday, November 05, 2009 Page 2 4. Close and replace (with matching curb, gutter and sidewalk) the driveway on tax lot 4900, at the 1062 Main Street address, when real estate development occurs on that property. Upon closure of that driveway, this joint use driveway, abutting tax lot 4800, will be the only direct highway access for the entire development as agreed upon by the Applicant, City and ODOT at the September 10, 2009 approach application meeting. 5. Submit to ODOT a copy of the Final Site Plan approved by the City of Springfield that shows the recorded and documented irrevocable joint use, access and maintenance easement and agreement associated with the joint use driveway located on tax lot 4800 to benefit the proposed development. (See City of Springfield, Site Plan Review, Staff Report & Tentative Decision, Case Number: DRC2009-00029, Summary of Conditions of Approval,. #16.). If you accept these mitigation measures, please submit your construction drawings and plans by 5:00 p.m. on January 04,2010 to the address below. Our approval of your application will become void, if your construction drawings and plans are not returned within 60 days from the date of this letter. I have attached a detailed explanation of what the construction drawings must include. John Downing, Permit Specialist ODOT District 5 644 'A' Street Springfield, OR 97477 Under Oregon Administrative Rule (OAR) 734-051-0070, you are required to submit your construction drawings and plans by the date specified above or the approval of your application is void. If necessary, the Department may extend the time for your submittal of drawings and plans if both you and the Department agree in writing before the deadline listed above. Please contact me at (541) 744-8080 if you would like to request an extension of time. After you submit construction drawings and plans, the Department will contact you if any additional information is needed for approval. We will notify you when your drawings and plans are approved and provide instructions for you to obtain a Permit to Construct. You may not beoin any work in the hiohway riaht of way until YOU receive a Permit to Construct sianed bv the Department. <<""_:::....._._"': _,..... ._.____,L..;::;V!b..J.~..1 :, r!C}:V; :"1-" ~:t':~'-: .' ..,., . . .:0,- ;, Approval of Application with Mitigation for State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.19 Application Number 10396. Thursday, November 05, 2009 Page 3 Options to Appeal Mitigation Measures If the mitigation measures are not acceptable to you, then yo~ may appeal them by submitting a request in writina for either a Region Review or a Contested Case Hearing. A Region Review is conducted under OAR 734-051-0345. It is an informal process that allows you to explain your objections and to present additional information in writing or in person to a panel of ODOT staff who were not involved in approving your Application far State Highway Approach. The provisions of 'OAR 734-051-0345 require that you include in yaur request for a Region Review the documentation that you will rely upon during the Region Review. The Region Review panel will consider all of the information presented and may recommend either upholding the original decision or considering alternative decisions to resolve the disagreement. The Region Manager reviews the panel's recommendations and makes the final decision to approve, modify, or reverse the original decision. A Contested Case Hearing is a formal hearing conducted by a Hearing Officer of the Office of Administrative Hearings under OAR 137-003-0501 through 137-003-0700. The Office of Administrative Hearings is not a part of the Department of Transportation. Thfil Hearing Officer wi.1I consider all information presented and decide whether the Department's original decisions are consistent with the requirements of OAR 734-051. The Hearing Officer usually decides in favor of, or against, the Department's original decision .and does not offer alternative solutions to resolve any disagreements. If you request a Region Review and are not satisfied with the outcome, you may request a Contested Case Hearing at that time. You may also choose to skip the Region Review altogether and proceed directly to a Contested Case Hearing. The Department must receive your request for either a Region Review or a Contested Case Hearing within twenty-one (21) calendar days of the date of this letter. If your request is not received within this time period, your right to a Region Review or a Contested Case Hearing is considered waived. If you withdraw a request for a hearing, if you notify the Hearing Officer that you will not appear, or if you fail to appear at a scheduled hearing, then ODOT's Executive Deputy Director may issue a final order by default. In that case, ODOT designates its files on this matter as the record. If you wish to request either a Contested Case Hearing or a Region Review, please send your request to: Jane S. LEE ODOT Region 2 Manager 455 Airport Rd Bldg #B Salem, OR 97301 . . , . Approval of Application with Mitigation for State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.19 Application Number 10396. Thursday, November OS, 2009 Page 4 ODOT's Appeals Coordinator will contact you after the request is received. If you would like to discuss the required mitigation measures further without requesting a Contested Case Hearing or a Region Review, or even after making a request, please feel free to contact John Downing, Permit Specialist at (541) 744-8080. Sincerely, c: David Knitowski, Regional Access Management Engineer John Downing, Permit Specialist Ann Zeltmann; Access Management Appeals Coordinator MOLLY MARKARIAN, Local Government Official '. . . . , ~(i~i~~}:.;" ':I:(~~\I"'o ,.\t~~r'< Department of Transportation ODOT Di.triet 5 644 'A' Street Springfield, OR 97477 (541) 744-8080 Fax: (541) 726-2509 John.DOWNING@odol.state.oLus File Code: PMT 4-18 Theodore R Kulongoski, Governor November 5, 2009 Subject: Construction Drawings and Plans Requirements Highway Number 015, (McKenzie), at Mile Point 2.19 Application Number 10396 Construction drawings and plans shall include, but are not limited to the following: (a) Grade profile; (b) Base and surface design; (c) Design for type of approach; (d) Erosion control plan for construction; (e) Pollution control plan for construction; (f) ODOT traffic control devices and/or signs; and (g) ODOT traffic control lines and/or striping. Additionally, for the specific approach(es) served by these construction drawings and plans, the following must be included: . The maximum size, gross weight of vehicles and loads, gross axle weights and types of vehicles using the approach(es) shall be shown on exhibits attached to the construction drawings and plans. The exhibit(s) shall include diagrams showing type of truck and trailer combinations, maximum width and overall length, distance between axles, maximum axle weights and size and number of tires per axle. {As required: Structural details of grade-separated structures shall be included in the construction drawings and plans.} {As required: ODOT requires that an operated test vehicle of the type and dimension to be used at the proposed approach be supplied. The applicant, at the sole expense of the applicant, shall supply this vehicle.} . .; . . Department of Transportation ODOT District 5 644 'A' Street Springfield, OR 97477 (541) 744-8080 Fax: (541) 726-2509 John.DOWNING@odot.state.or.us November 05, 2009 File Code: PMT 4-16 VIA CERTIFIED MAIL DESTIN FERDUN AFIYA APARTMENTS INC PO BOX 23338 EUGENE, OR 97402 Subject: Mitigation and Construction Drawings and Plans Required for Issuance of Permit to Construct a State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.18 Application Number 10395 Dear DESTIN FERDUN: I am pleased to inform you that the Oregon Department of Transportation (ODOT) has approved the location and a development concept for your requested State Highway Approach. However, the Department's approval requires mitigation measures that are described below. Several administrative steps remain before ODOT can issue the Permit to Operate, Maintain and Use a State Highway Approach, which is the final step in the permitting process. Before you begin any work in the highway right of way, the Department must approve your construction drawings and plans and issue a construction permit This letter provides instructions for submittal of your construction drawings and plans and your appeal rights regarding the mitigation measures. I The following mitigation measures will become terms and conditions of your construction permit: 1. Reconstruct dustpan driveway to current ODOT standards with the appropriate signing and striping for entrance only. 2. Remove and replace the driveway abutting tax lot 4600 and any damaged asphalt within public right of way with matching curb, gutter, sidewalk and asphalt 3. Remove all signs and vegetation within the vicinity of the driveway and public right of way to improve driver sight distance at the driveway and along the highway (Main Street). Date Recelved:JJJ 110 '1 Planner: MEM . . Approval of Application with Mitigation for State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.18 ApplicatIon Number 10395. Thursday, November OS, 2009 Page 2 4. Close and replace (with matching curb, gutter and sidewalk) this driveway on tax lot 4900, at the 1062 Main Street address, when real estate development occurs on this property. Upon closure of this driveway, the joint use driveway, abutting tax lot 4800, will be the only direct highway access for the entire development as agreed upon by the Applicant, City and ODOT at the September 10, 2009 approach application meeting. 5. Submit to ODOT a copy of the Final Site Plan approved by the City of Springfield that shows the recorded and documented irrevocable joint use, access and maintenance easement and agreement associated with the joint use driveway located on tax lot 4800 to benefit the proposed development. (See City of Springfield, Site Plan Review, Staff Report & Tentative Decision, Case Number: DRC2009-0oo29, Summary of Conditions of Approval, #16.). If you accept these mitigation measures, please submit your construction drawings and plans by 5:00 p.m. on January 04,2010 to the address below. Our approval of your application will become void, if your construction drawings and plans are not returned within 60 days from the date of this letter. I have attached a detailed explanation of what the construction drawings must include. John Downing, Permit Specialist ODOT District 5 644 'A' Street Springfield, OR 97477 Under Oregon Administrative Rule (OAR) 734-051-0070, you are required to submit your construction drawings and plans by the date specified above or the approval of your application is void. If necessary, the Department may extend the time for your submittal of drawings and plans if both you and the Department agree in writing before the deadline listed above. Please contact me at (541) 744-8080 if you would like to request an extension of time. After you submit construction drawings and plans, the Department will contact you if any additional information is needed for approval. We will notify you when your drawings and plans are approved and provide instructions for you to obtain a Permit to Construct. You may not beain any work in the hiahway riaht of way until 'IOU receive a Permit to Construct sianed by the Department. , ."-.......- " ~;il;'"'J :\"; ',,:l j!t..,.~ l\l~ ::':~l ,: .~~l .' .', . , ,. . . Approval of Application with Mitigation for State Highway Approach Highway Number 015, (McKenzie), at Mile Point 2.18 Application Number 10395. Thursday, November 05, 2009 Page 3 Options to Appeal Mitigation Measures If the mitigation measures are not acceptable to you, then you may appeal them by . submitting a request in writina for either a Region Review or a Contested Case Hearing. A Region Review is conducted under OAR 734-051-0345. It is an informal process that allows you to explain your objections and to present additional information in writing or in person to a panel of ODOT staff who were not involved in approving your Application for State Highway Approach. The provisions of OAR 734-051-0345 require that you include in your request for a Region Review th,e documentation that you will rely upon during the Region Review. The Region Review panel will consider all of the information presented and may recommend either upholding the original decision or considering alternative decisions to resolve the disagreement. The Region Manager reviews the panel's recommendations and makes the final decision to approve, modify, or reverse the original decision. A Contested Case Hearing is a formal hearing conducted by a Hearing Officer of the Office of Administrative Hearings under OAR 137-003-0501 through 137-003-0700. The Office of Administrative Hearings is not a part of the Department of Transportation. The Hearing Officer will consider all information presented and decide whether the Department's original decisions are consistent with the requirements of OAR 734-051. The Hearing Officer usually decides in favor of, or against, the Department's original decision and does not offer alternative solutions to resolve any disagreements. If you request a Region Review and are not satisfied with the outcome, you may request a Contested Case Hearing at that time. You may also choose to skip the Region Review altogether and proceed directly to a Contested Case Hearing. The Department must receive your request for either a Region Review or a Contested Case Hearing within twenty-one (21) calendar days of the date. of this letter. If your request is not received within this time period, your right to a Region Review or a Contested Case Hearing is considered waived. If. you withdraw a request for a hearing, if you notify the Hearing Officer that you will not appear, or if you fail to appear at a scheduled hearing, then ODOT's Executive Deputy Director may issue a final order by default. In that case, ODOT designates its files on this matter as the record. . If you wish to request either a Contested Case Hearing or a Region Review, please send your request to: Jane S. LEE ODOT Region 2 Manager 455 Airport Rd 81dg #8 Salem, OR 97301 . . Approval of Application with M~igatlon for State Highway Approach Highway Number 01 5, (McKenzie), at Mile Point 2.18 Application Number 10395. Thursday. November 05, 2009 Page 4 ODOT's Appeals Coordinator will contact you after the request is received. If you would like to discuss the required mitigation measures further without requesting a Contested Case Hearing or a Region Review, or even after making a request, please feel free to contaet John Downing, Permit Specialist at (541) 744-8080. Sincerely, ---- Mike IstriCt Manager ODOT Dis let 5, Maintenance Office c: David Knitowski, Regional Access Management Engineer John Downing, Permit Specialist Ann Zeltmann, Access Management Appeals Coordinator MOLLY MARKARIAN, Local Government Official " . - ~ . . . ,. Department of Transportation ODOT District 5 644 'A' Street Springfield, OR 97477 (541) 744-8080 Fax: (541)726-2509 John.DOWNlNG@odot.state.or.us File Code: PMT 4-18 November 5, 2009 Subject: Construction Drawings and Plans Requirements Highway Number 015, (McKenzie), at Mile Point 2.18 Application Number 10395 Construction drawings and plans shall include, but are not limited to the following: (a) Grade profile; (b) Base and surface design; (c) Design for type of approach; (d) Erosion control plan for construction; (e) Pollution control plan for construction; (f) ODOT traffic control devices and/or signs; and (g) ODOT traffic control lines and/or striping. Additionally, for the specific approach(es) served by these construction drawings and plans, the following must be included: The maximum size, gross weight of vehicles and loads, gross axle weights and types of vehicles using the approach(es) shall be shown on exhibits attached to the construction drawings and plans. The exhibit(s) shall include diagrams showing type of truck and trailer combinations, maximum width and overall length, distance between axles, maximum axle weights and size and number of tires per axle. {As required: Structural details of grade-separated structures shall be included in the construction drawings and plans.} {As required: ODOT requires that an operated test vehicle of the type and dimension to be used at the proposed approach be supplied. The applicant; at the sole expense of the applicant, shall supply this vehicle.} -----_.~..._~-----_._-------_..._-~.._----_._._--~-----_.._------_._...~..