RE: ODOT Case # 11793 W Main St. Property Line Adjustments

From: Mac Corthell

Sent: Mon Nov 30 16:23:38 2020

To: Spencer Vetter

Cc: Bryan Cavaness; Dan Zinder; Gerald Fisher; Marah.b.danielson@odot.state.or.us; loretta.l.kieffer@odot.state.or.us; abraham.tayar@odot.state.or.us; Spencer Parsons (spencer@gov-law.com)

Subject: RE: ODOT Case # 11793 W Main St. Property Line Adjustments

Importance: Normal

Attachments: image001.png;

Hi Spencer,

That was my premise as well when speaking to ODOT. Trust me, the last thing I wanted is to continue extending this normally simple process. With that said, there’s no easy way to explain how we got here, but I’ll spell it out below:

MCC 17-4.3.120(B)(3) states the following as an “approval criteria” - Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 17-3.3 Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made less conforming by the property line adjustment.

First, I think it’s an open question whether or not the degree of non-conformity would be increased by the PLA.

1. If we assume that Ona Way was appropriately dedicated, prior to the grant of the PLA (on 7/31/20), TL 8704 and 8702 would have adjacent access to it. The city would not allow a PLA that would relieve 8704 from retaining access to Ona Way as this would make the non-conformity (both in spacing and in the classification of roadway it takes access from) potentially incurable, thus increasing its degree. The non-conformity would be made incurable by locating a separate piece of property between 8704 and Ona Way. Instead, under its roadway authority, the city would require the easement from 8704, across 8702 to Ona Way for future access thus ensuring the non-conformity would not be increased in degree.
1. a. Naturally, the city is not willing to let its willingness to cooperate with Stafford and record the ROW dedication immediately after the PLA be the basis of cementing a non-conformity.
2. I also think it’s arguable that the new lot lines would increase non-conformity due to some of the existing accesses being absorbed by different lots after the PLA which make their spacing less than it originally was. However, this is not currently at issue so I will not expand.

Second, your reading of the ordinance is not incorrect in that a PLA cannot increase the degree of non-conformity, however it forsakes the remainder of the ordinance. The other sentences which require all lots and parcels to conform to “applicable road authority requirements” and “Chapter 17-3.3” still apply. Non-conformity is not a release from the requirements of the roadway authority or 17-3.3, it just means that a PLA can’t increase the degree of non-conformity… but a PLA certainly can decrease the degree of non-conformity.

In this case, the roadway authority is ODOT and they require 350 feet of spacing between drives which is not attainable in the configuration proposed. Additionally, the city as roadway authority for city streets requires access to be taken from the lowest classification street. If this was a land use action, the non-conformity would need to be cured prior to proceeding or as a condition of proceeding. In this case, the non-conformity is not required to be cured, no permitting or improvements are required, nor is the PLA conditioned on curing it, the road authority simply requires the noted easements as a criteria for approval of the PLA.

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

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From: Spencer Vetter <spencer@staffordlandcompany.com>

Sent: Monday, November 30, 2020 11:35 AM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Cc: Bryan Cavaness <bryan@staffordlandcompany.com>; Dan Zinder <dzinder@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Marah.b.danielson@odot.state.or.us; loretta.l.kieffer@odot.state.or.us; abraham.tayar@odot.state.or.us

Subject: RE: ODOT Case # 11793 W Main St. Property Line Adjustments

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

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

marah.b.danielson@odot.state.or.us