HomeMy WebLinkAboutSewer Connect CITY OF
- SHLAND
Council Communication
Title: Request for Connection to City Sewer and Water Services
Bob Robertson, 580 Clover Lane, 39 1E 14AA TL 1200
Dept: Public Works Department
Date: December 17,
Submitted By: Paula Brown~
Reviewed By: Paul Nolte
Approved By: Brian Almquis~x~
Synopsis:
Bob Robertson is requesting sewer and water service connections to the property at 580 Clover Lane, 39 1E
14AA TL 1200, which is located outside the City limits, but within the City's Urban Growth Boundary. Mr.
Robertson currently has a home on this property, which is connected to a failing septic system. Mr.
Robertson's property is within the Spring Creek / Golf Course drainage basin, which ultimately drains to
Bear Creek. The property owner to the south (Mary Voris) was granted City sewer connections in December
1994 due to prior septic system failures. The current failure of the septic system, proximity to the water well,
and prior septic failures have the property owner concerned of long term contamination to the water well.
Recommendation:
It is recommended that the Council approve the sewer and water service connections for Bob Robertson at
580 Clover Lane, and direct staff to obtain all necessary agreements prior to final connections. This request
meets the City's requirements for connection to both the sewer and water systems.
Fiscal Impact:
There is no negative fiscal impact to the City. Mr. Robertson will be required to pay for the sewer and water
connections and the service laterals from their home to the connection at the cul-de-sac at Clover Lane. They
will also be required to pay the initial water and wastewater SDCs and monthly water and sewer services.
Background:
In a letter dated November 13, 2002 (attached), Bob Robertson requested City sewer and water services for
his property at 580 Clover Lane which is located outside the City limits, but within the City's Urban Growth
Boundary. The single-family home on this property has been certified to have a failed septic system. As
shown on the attached maps, this property is immediately outside City limits but within the UGB. Mr.
Robertson has an annexation request pending with the City and Pacific Western of Medford, LLC, has signed
an irrevocable consent to annexation, as legal owner of the property. The property is within the Spring Creek
/ Golf Course drainage basin, which ultimately drains to Bear Creek. The applicant has meet the code
requirements as outlined on the following pages, with one exception that documented failure of the well has
not been secured from the Jackson County Health Department. That documentation will be provided prior to
the start of water connection.
PB/CC Robertson Sewer Water Clover Ln 17Dec02.doc
SEWER- Ashland Municipal Code Section 14.08.030, Connection - Outside City, Inside Urban Growth
Boundary (Amended Ord 2861, 2000) An occupied dwelling or building located outside the City of Ashland
and inside the urban growth boundary may be connected to the sewer system when such connection is
determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be
detrimental to the City's sewerage facilities. Such connection shall be made only upon the following
conditions:
A. The applicant for sewer service pays the sewer connection fee and the systems development charges
established by the City Council. The applicant has been advised of the estimated costs for this
connection and is prepared to pay the water connection fee of $1095, sewer connection fee of
$1458 and SDCs estimated at $2656.
B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any
reason, then the replacement dwelling or building may [continue to be] connected to the sewer
system of the City as long as the use of the sewer system will not be increased as determined by the
Director of Public Works. The applicant has been advised of this requirement. Successful
annexation will not have this requirement attached.
C. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or
line to the property for which sewer service is being requested. The applicant has been advised that
he will incur the costs for this connection.
D. The applicant shall secure, in writing, statements from Jackson County that the existing sewage
system has failed and that the provision of sewer by the City of Ashland does not conflict with the
Jackson County Comprehensive Plan, support documents, rules, or regulations. The County has
issued a specific written statement that the current septic system has failed.
E. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of
record and notarized so that it may be recorded by the City and binding on future owners of the land.
The property owner has signed consent to annexation.
F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an
amount equal to the current assessment for liabilities and indebtedness previously contracted by a
public service district, such as Jackson County Fire District No. 5, multiplied by the number of years
remaining on such indebtedness, so that the land may be withdrawn from such public service districts
in accord with ORS 222.520 and at no present or future expense to the City. The applicant has
indicated that he will make contact with Fire District 5.
G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior
to annexation to the City. The applicant has signed a deed restriction.
H. That the land is within the Urban Growth Boundary. Yes, the property is within the UGB.
(Ord 2704, 1993; Ord 2861, 2000)
PB/CC Robertson Sewer Water Clover Ln 17Dec02.doc
WATER - City Resolution 97-27 (attached) permits water to be supplied outside the City limits. Within
Section 2, one of the three provisions must be met. In this case, item C is the only fit.
SECTION 2. Premises outside the city may be connected to the city water system only as follows:
A. Connections authorized by the council prior to the date of this resolution. [June 17, 19971
B. Connections authorized by the council for city or other governmental facilities.
C. Connections authorized by resolution of the council where the council finds:
1. The connection is determined to be in the best interest of the City of Ashland and to not be
detrimental to the City's water facilities or resources. Staff recommends connection of this property.
2. The applicant secures, in writing, a statement from the Environmental Health Division,
Health Department, Jackson County, Oregon, that the existing water system for the premises has failed.
Staff will insure proper documentation is provided prior to the start of the water connection.
3. The failed water system cannot be feasibly repaired or improved and there is no other
feasible source of water for the premises. Failing septic systems at this property and adjacent properties
have likely contaminated the surrounding well site. Deeper wells could be sought, but contamination
is unknown. Hauling water to the site is an option. The owner has requested immediate annexation.
Staff recommends connection to the city's water system.
4. An Ashland water main or line exists within 100 feet of the premises. The City's water
main is 20 feet from the property and 125 feet from the residence.
5. The connection is to premises within the city's urban growth boundary. The property is
within the UGB.
SECTION 3. Connections authorized under section 2.C of this resolution shall be made only upon the
following conditions:
A. The applicant for water service pays the water connection fee for connections outside the city and
the systems development charges established by the City. The applicant has been advised of the estimated
costs for this connection and is prepared to pay the water connection fee of $1095, sewer connection
fee of $1458 and SDCs estimated at $2656.
B. In the event dwellings or buildings connected to the water system are subsequently replaced for
any reason, then the replacement building or dwelling may continue to be connected to the water system of
the City as long as the use of the water system will not be increased as determined by the Director of Public
Works. The applicant has been advised of this requirement. Successful annexation will not have this
requirement attached.
C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction
preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of
record and notarized so that it may be recorded by the City and binding on future owners of the premises.
The cost of recording the deed restriction shall be paid by the property owner. The property owner has
signed consent to annexation and a deed restriction.
D. The property owner shall execute a contract with the City of Ashland which provides for: payment
of all charges connected with the provision of water service to the property; compliance with all ordinances
of the city related to water service and use; termination of service for failure to comply with such ordinances
and that failure to pay for charges when due shall automatically become a lien upon the property. A
memorandum of the contract shall be recorded in the county deed records with the cost of recording to be
paid by the property owner. The applicant has been advised that he will incur these costs.
PB/CC Robertson Sewer Water Clover Ln 17Dec02.doc
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LAW OFFICE OF
BOB ROBERTSON
1175 EAST MAIN STREET
SUITE 1F
MEDFORD, OR 97504
FACSIMILE TELEPHONE
(541) 772-2390 November 13, 2002 ~(54 II 772-3442
Nancy Slocum, Public Works Clerk
City of Ashland
20 East Main Street
Ashland OR 97520
Re: 39 1E - 14A Tax Lot 1200/580 Clover Lane, Ashland/Failing Septic System
Dear Ms. Slocum:
Thank you for your letter of November 5, 2002 regarding the failing septic system at 580 Clover
Lane, Ashland. Pursuant to your letter, I am enclosing the following documents:
1. Letter of Intent requesting connection to City water and sewer system for
580 Clover Lane, which states a specific need for such services.
2. Copy of letter from Code Enforcement Officer of Jackson County relating to
the failing septic system. Also attached is a violation notice from the
Code Enforcement Officer indicating that there is an open cesspool and
sewage on the ground surface, creating a health hazard on the property.
3. Request for Services on 580 Clover Lane.
4. Irrevocable Consent to Annexation signed by Pacific Western ofMedford, L.L.C.,
the owner of the property. There is presently an annexation petition pending
before the City of Ashland relating to this property.
5. Restrictive Covenant signed by owner of subject property.
Upon approval of the connection &this property to City water and sewer service, the owners are
willing to comply with all &the remaining conditions of your letter of November 5, 2002. In the
event that there are any of these conditions that need to be complied with prior to submission to
the City Council, please advise.
eno.
cc: Ronald Brenneman
LETTER OF INTENT
The undersigned owner of a residential unit located at 580 Clover Lane, Ashland, Oregon,
does hereby respectfully request that the City of Ashland City Council approve of the connection
of this residence to the city water and sewer lines in the City of Ashland. The residence on this
property has been occupied by, tenants over the last several years. It has recently come to the
attention of the owners that there is a failing septic tank on the property. It has been suggested by
the present occupants that the septic tank may have been vandalized by the prior occupants of the
property. In any case, the owner was advised by the Code Enforcement Officer of Jackson
County that there was a failing septic tank and open sewage was running onto the surface of the
property. At~er being advised of this fact, the owner engaged the services of a sewage disposal
company to pump the septic tank in order to remove all of the sewage from the septic tank to
make the property safe until such time as owner can secure consent to have the property
connected to the City of Ashland sewer and water system.
There is presently a petition for annexation of this property pending before the City of
Ashland. This property is in the Urban Growth Boundary of the City of Ashland and is
immediately adjacent to the city limits. Presently a city sewer line runs through the subject
property to serve a property located to the south of the subject parcel although this property is
also outside the city limits of the city of Ashland. Apparently this property petitioned for city
sewer service some years ago and has been served by the city sanitation system since that time.
The owners would also like to secure permission from the City Council to allow this property to
be served by the city water system. Presently this property has a well on the property which
provides domestic water. However, the owner is concerned that since the septic tank failed and
mused sewage to saturate the ground outside of the septic system that it may cause problems with
the ground water which is accessed by the well.
The owners are willing to comply with the conditions that would be imposed by the
Ashland City Council to allow this property to be connected to the city water and sanitary system
and are also willing to pay the water and sewage connection fees, system development fees, and
to secure a plumbing permit. In addition, the owners are willing to secure a right-of-way
operations permit from Jackson County Public Works for the work that will need to be done to
connect the city water and sewer lines to the subject property.
The residence on the subject property has one and one-half baths and a kitchen. There are
three sinks, two commodes, and one shower in the premises. In addition, there is a connection for
a domestic washer in the premises. The premises are presently occupied by three tenants of the
owner.
Respectfully submitted,
PACIFIC WI~_ ~I~I~k,OFJMjEDFORD, L.L.C.
~ob R~o~rts~n, l~a~aging Memb[r
2 - Letter of Intent
Tod Miller
Code Enforcement Officer
JACKSON COUNTY-'" ,o ,_
RECEIVED
October 23, 2002 (~ ;' ? 2 ~ ~.'i~ ii:,i/
City of Ashland
Jim Olson
20 East Main St.
Ashland, OR 97520
Re: 39-1E-14a lot 1200/580 Clover Ln/Failing Septic System
I went to the referenced site regarding a sanitation complaint yesterday. I found an open cesspool
of sewage at the ground surface creating an immediate health hazard.
It appears the City sewer system is accessible to this property. By way of this letter I would like
to confirm the need for sewer connection if it is an option. IfI can be of help, please contact me
at 774-6941. Thank you.
Sincerely,
Tod Miller
Code Enforcement Officer
Map ID: ,?~
JACKSON 'VIOLATION NOTICE Owner:'~ ~
COUNTY
Oregon
Address:
The Jackson Coun~ Roads, Parks & Planning Se~ices finds the following violation(s) to exist on your prope~:
Failure to Obtain: Other Violations:
~ Building Permit ~ Plumbing Permit ~Zoning Approval Required
~ Mobile Home Permit ~ Electrical Permit ~Sanitation
~ Septic Permit ~ Expired Permit ~ Solid Waste
Please Initiate Compliance by ~ ~~ ~ L ~E L~
Remarks:
TO BRING YOUR PROPERTY INTO COMPLIANCE
PLEASE BRING THIS FORM WITH YOU TO ROADS, PARKS & PLANNING SERVICES, 10 SOUTH OAKDALE,
ROOM 100, MEDFORD (541)774-6900 Hours Monday, Tuesday, Thursday and Friday 8:00 a.m. to 4:06 p.m.
and Wednesday 1:00 p.m. to 4:00 p.m.
PLEASE CONTACT AT .THANK YOU
JRoads, Parks, and Planning Services Enforcemeut Officer I
10 South Oakdale, Medford OR 97501 ~ [L..~ "~'~ L.~_ ~:~L( JI Date
FAILURE TO COR ~l:::CT THE VIOLATION MAY RESULT IN THE ISSUANCE OF A FORMAl CITATION OR CIVIL ACTJONi