Spencer and Amy:
Here is a partial response to one of the main issues raised in the 3/18/2020 Schwabe letter. We should make sure Schwabe knows about the issues raised below. Let me know if you have questions.
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Good afternoon,
In partial response to CHTC March 18, 2020 letter protesting the 3/17/2020 City Stop Work Order posted on 3/17/2020:
Based on the Google aerial images from 2020 and Google Street View images from May 2019, it appears that the only a very small area of the site was previously graveled prior to CHTC move-in. See first map, marked below. These marked areas are the only areas that would qualify as “normal maintenance and repair,” as listed in the Schwabe’s March 18, 2020 letter. Since moving onto the site in summer 2019, CHTC has been grading and storing materials on portions of the site not previously surfaced with gravel. CHTC did not obtain permits for this grading, vehicle maneuvering and expansion of its product and equipment storage footprint.
According to the MMC, all areas used for parking, drive aisles for equipment, driveways, and outdoor storage; must be paved with asphalt or concrete. All paved areas must be designed to meet the City’s stormwater standards. The City interprets that all outdoor storage areas need to be paved because equipment will be needed to move any of the stored materials. That equipment will need a drive aisle to move materials and maneuver around the site. Gravel is not a permitted surfacing material.
Google Aerial and Street View May 2019:
Evidence of grading and storage on-site since move-in (Site Photos taken 3-2-2020):
Site Photos taken 3-16-2020:
Applicable MMC sections showing that all driveways, parking lots and drive aisles must be paved with asphalt or concrete. In limited instances, permeable paving is permitted. See below:
From: Spencer Parsons <spencer@gov-law.com>
Sent: Wednesday, March 18, 2020 7:55 PM
To: Dan Huff <dhuff@cityofmolalla.com>; Alice Cannon <acannon@cityofmolalla.com>; Amy Lindgren <alindgren@molallapolice.com>
Subject: Fwd: CHTC letter regarding 3/17/20 Stop Work Order
FYI.
Beery, Elsner & Hammond, LLP
(503) 226-7191
Begin forwarded message:
From: "Stephenson, Garrett H." <GStephenson@SCHWABE.com>
Date: March 18, 2020 at 4:38:45 PM PDT
To: Spencer Parsons <spencer@gov-law.com>
Cc: "Robinson, Michael C." <MRobinson@SCHWABE.com>, "Dennis, Joshua P." <JDennis@SCHWABE.com>
Subject: CHTC letter regarding 3/17/20 Stop Work Order
Spencer,
Please see the attached letter. Thanks again for taking the time to speak with Mike and I today, and we appreciate your continuing professional courtesies in this matter.
Best regards,
Garrett
Garrett H. Stephenson
Shareholder
Schwabe Williamson & Wyatt
Direct: 503-796-2893
Mobile: 503-320-3715
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