Good morning Mac,
Stafford agrees that ODOT’s comments are not conditions of approval and the property line adjustments are not a land use action. If the argument for requiring ODOT’s comments hinges on the reading of 17-4.3.120.B.3 of the Molalla Municipal Code, we should also read the second sentence which states “if a lot is nonconforming to any City or road authority standard, it shall not be made less conforming by the property line adjustment.” We are not proposing any changes to the existing accesses or the uses of the lots. We are not making the lots less conforming.
In June of this year I emailed the District Access Coordinator for ODOT, Javier Amaya. See attached email. Javier said that permitting would be required only if the properties go through a land use procedure or if the access points change. We have established that this is not a land use procedure and we are not changing the access points.
We fail to understand how these “conditions” are binding and required for the property line adjustments to be approved.
Sincerely,
Spencer Vetter | Development Coordinator
8840 SW Holly Lane, Wilsonville, OR 97070
spencer@staffordlandcompany.com
mobile 503.820.1033
From: Mac Corthell <mcorthell@cityofmolalla.com>
Sent: Monday, November 30, 2020 8:39 AM
To: Marah.B.Danielson@odot.state.or.us; loretta.l.kieffer@odot.state.or.us; abraham.tayar@odot.state.or.us; Marcela.RODRIGUEZ@odot.state.or.us; Gerald Fisher <gfisher@cityofmolalla.com>
Cc: Spencer Vetter <spencer@staffordlandcompany.com>; Dan Zinder <dzinder@cityofmolalla.com>
Subject: RE: ODOT Case # 11793 W Main St. Property Line Adjustments
Good Morning,
Thank you, Marah, for providing this letter. Just an FYI to everyone that while the letter speaks to recommended “Conditions of Approval,” they are not conditions of approval in the traditional sense as a property line adjustment is not considered a land use action and thus cannot be subjected to conditions. However, the Molalla Municipal Code criteria 3 for Property Line Adjustments requires compliance with the roadway authority, so these requirements are in-fact a prerequisite to meeting the PLA criteria in the MMC. I just wanted to clarify that for the good of the order. Thank you.
Sincerely,
Macahan “Mac” Corthell, J.D. | Planning Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Phone - 503.829.6855
Fax – 503.829.3676
Email – mcorthell@cityofmolalla.com
Website – http://www.cityofmolalla.com
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Marah.B.Danielson@odot.state.or.us <Marah.B.Danielson@odot.state.or.us>
Sent: Wednesday, November 25, 2020 5:38 PM
To: marah.b.danielson@odot.state.or.us; loretta.l.kieffer@odot.state.or.us; abraham.tayar@odot.state.or.us; Marcela.RODRIGUEZ@odot.state.or.us; Gerald Fisher <gfisher@cityofmolalla.com>; Mac Corthell <mcorthell@cityofmolalla.com>
Cc: spencer@staffordlandcompany.com
Subject: ODOT Case # 11793 W Main St. Property Line Adjustments
Hi Mac and Gerald,
Thanks for taking the time to meet with our ODOT team yesterday to discuss the property line adjustments and Ona Lane. I have attached ODOT comments which reflect our conversation from yesterday and copied the applicant on this message.
Let me know whether you or the applicant have any follow up questions.
Thanks,
Marah Danielson, Senior Planner
ODOT Development Review Program
503.731.8258