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Application APPLICANT 8/15/2022
Blue McKenzie Company LRS project #221002 740 A Street (Tentative Address) Springfield, OR 97477 Type II Site Plan Review August 2, 2022 NORTHWEST S� ®SUSTAINABLE ARC HCTS PROPERTIES Table of Contents 1. Type II Site Plan Review Narrative 2. Exhibit A: Application Form 3. Exhibit B: Ownership Information & Title Reports 4. Exhibit C: Geotechnical Report 5. Exhibit D: Preliminary Stormwater Report 6. Exhibit E: Traffic Impact Analysis Memo 7. Exhibit F: Commercial Area Percentage Calculations Diagram 8. Exhibit G: Architectural Site Plan - 11x17 9. Exhibit H: Architectural Site Plan - 8.5x11 BLUE MCKENZIE MIXED USE Type II Site Plan Review - City of Springfield DATE August 2, 2022 APPLICATION Type I I Review Criteria SITE LOCATION A Street between 711 and 811 COUNTY ASSESSOR'S MAP: Tax Lot 17 03-35-42 02300 SITE SIZE 27 acres (11,761 so LAND -USE DISTRICT Mixed -Use Commercial District (MUC) LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 1 SUBMITTED TO City of Springfield 225 Fifth Street Springfield, OR 97477 Planner — Shannon Morris OWNER Blue McKenzie Apartments LLC Northwest Sustainable Properties Jean-Pierre Veillet 95 Freedom Loop Bellevue, ID 83313 APPLICANT Cynthia Schuster LRS Architects, Inc 720 NW Davis Street, Suite 300 Portland, OR 97209 Blue McKenzie Mixed Use Type II Site Plan Review — City of Springfield TABLE OF CONTENTS LrsBlue MCKemIe Mlx xJ Use ARCHITECTS 8.5.2022 1 PAGE 2 Summary...................................................3 Site Description.........................................3 I. Applicable Review Criteria ........... A Exhibit A. Type II Site Plan Review Application Form Exhibit B: Ownership Information & Title Reports Exhibit C: Geotechnical Report Exhibit D: Preliminary Stormwater Report Exhibit E. Traffic Impact Analysis Memo Exhibit F: Commercial Area Percentage Calculations Diagram Exhibit G: Architectural Site Plan - 11x17 Exhibit H: Architectural Site Plan - 8.5x11 Blue McKenzie Mixed Use Type II Site Plan Review — City of Springfield August 2, 2022 Project Summary Northwest Sustainable Properties is submitting applications for a Type II Site Plan Review for a mixed-use apartment building. The proposed project is a single building of 76,000 +\-square feet, eight stories, 84 apartment units with a commercial lease space on ground floor. The larger commercial space will be set up to be a small restaurant. An application is required for a mixed-use apartment building A Type II Site Plan Review The Applicant (Northwest Sustainable Properties) requests She Plan Review approval based on the above program. Below are the relevant City of Springfield Development Code (SDC) requirements and a description of how this request will meet the applicable criteria. These applications include the City forms, written materials, and preliminary plans necessary for City staff to review and determine compliance with the applicable approval criteria. The evidence is substantial and supports the City's approval of the application. Site Description The proposed project area is .27 acres and located mid block on A street between 7- and 8-. The project site and the adjacent properties are all zoned Mixed -Use Commercial District (MUC). Existing use is a parking lot. The site topography is flat and slopes up towards the northeast. LrsBlue McKemle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 3 CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS firsBlue MCKemk Mizell Use ARCHITECTS 8.5.2022 1 PAGE 4 I. Applicable Review Criteria Springfield Development Code 5.1-130 Type II Applications (Administrative) Type i/procedure. Type #development actions shall be decidedbythe director. 5171002. Multifamilyresidenval, commercial, public and semipubliq andindusmal development or uses, including construction of impervious surfaces forparking lots and storage areas, including a. Newdevelopment on vacant sites andredevelopment as a result of demolition andremoval of existing buildings and impervious surfaces on a formerly occupied site, except where a proposed development qualifies as an MDSApohcation in accordance with SDC Section 5.15. Response: The Applicant Is proposing a mixed-use apartment building on a site that Is a current parking lot. This would trigger a Site Design Review and Is, therefore, a Type II procedure. It Is understood that the Type II procedure requirements listed in this section apply to this application. CHAPTER 3 LAND USE DISTRICTS Section 3.2-600 Mixed -Use Zoning Districts. A Myxed-Use CemunevolalDlsa-kf IMUC). The MUC District is established where a mix of commercial with residential uses is compatible with existing nearby uses Development within the MUC District shall he is a commercial dominance, with residential and public uses also allowed The primary development objectives of the MUC District are to expand housing opportunities,, allow businesses to locate in a varieryofsettings; provide options for A,ving, working, and shopping environments,facilitate more intensive use of land while minimizing potentially adverse impacts,' and to provide options forpedestrian- orientedlifesoes. Development areas one acre ormore in size in the MUC District shall he is frontage on either an arterial or collector street. Access to any MUC development area maybe from a local street, if there is no negative impact on adjacent residential uses. Response: The Applicant is proposing 84 units with commercial uses that can Include the following allowed uses per Section 3.2-610. Eating and drinking establishment Business and Professional offices and personnel services Multiple family dwellings Including triplexes, Boutique Transient Housing Hotels The proposal meets the primary objective to expand housing and allow for a mix of business opportunities. 3.2-615 Base Zone Mixed Use Development Standards Zoning Criteria Min Area 6000 sf Min Street Frontage 40' Lot Coverage — limited only be landscape Min Landscaping per another section of the code Landscape Setback (feet) section 3.1-615 Building Heights section 3.1-615 firsBlue McKenzieMixed Use ARCHITECTS 8.5.2022 1 PAGE 5 Compiles yes yes yes yes Distance None Height 88'-7 Excludes penthouses Building coping is less than 90' 3.2-625 Mixed -Use District Development Standards—General A. Building Design Standards. Intent: New structures and improvements to fagades requiring building permits shall provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Blank walls shall be avoided to the maximum extent practicable by complying with the following minimum requirements. The following standards are intended to be specific and quantifiable while allowing for flexibility in design. Response: The Applicant Is proposing a fapade that Is set back at one corner to create an outdoor space for the future eating/ drinking establishment. The building overhang will proving shelter for pedestrians along A street. A welcoming recessed entry to the main Lobby which will provide for a building management area and potential services like a coffee stand. A decorative screen is proposed to the left of the entry. 1. Ground floor windows shall be required for all civic and commercial uses. All elevations of buildings abutting any street shall provide at least 50 percent of their length (e.g., a 100 -foot -wide building fagade shall have a total of at least 50 linear feet of windows) and at least 25 percent of the ground floor wall area as windows and/or doors that allow views into lobbies, merchandise displays, or working areas. On corner lots/parcels this provision applies to both elevations. EXCEPTION: Elevations of buildings adjacent to alleys or vehicle accessways used primarily for service and delivery access is exempt from this requirement. Response: The Applicant Is proposing 73% of the length In glass. 2. Ground floor windows are required as part of the primary entrance elevation for all industrial uses. Windows are required for at least 30 percent of the primary entrance and ground level offices that are part of the entrance elevation. The windows shall be measured in linear fashion (e.g., a 100 -foot -wide building entrance and office fagade shall have a total of at least 30 linear feet of windows and/or doors on the ground floor that allow views into lobbies, merchandise displays, or working areas). Response: The Applicant Is proposing 69% of the lobby In length of glass. firsBlue McKenzie Mizell Use ARCHITECTS 8.5.2022 1 PAGE 6 3. Along the vertical face of a structure, offsets shall occur at a minimum of every 50 feet by providing at least one of the following: a. Recesses, including, but not limited to: entrances and floor area with of a minimum depth of 4 feet. b. Extensions, including, but not limited to: entrances and floor area with a minimum clearance of 4 feet, a minimum depth of 4 feet, and a maximum length of an overhang shall be 25 feet. C. Offsets or breaks in roof elevation with a minimum of 3 feet or more in height. Response: The Applicant Is proposing a streetfacing facade that Is 81' long. We have a recessed alcove In the middle of the building to provide a relief In the elevation. Refer to the 2- floor plan for dimensions. 4. In order to break up vast expanses of single element building elevations, building design shall include a combination of architectural elements and features, including, but not limited to: offsets, windows, entry treatments, wood siding, brick, stucco, textured concrete block. Response: The Applicant Is proposing several different wall treatments used to enhance the Ins and out of the facades. Refer to the materials board. 5. In order to provide differentiation between the ground floor and upper stories, building design shall include bays or balconies for upper levels, and awnings, canopies, or other similar treatments for lower levels. Variation in building materials, trim, paint, ornamentation, windows, or other features including public art, may also be used. Response: The Applicant Is proposing building cantilevers of the upper stories. The upper stories have a push and pull of balconies that create recesses and Interest In the elevation of the upper floors. 3 main siding materials are used Indifferent ways —the two main siding types are light and dark panels and are used to Identify the wall planes and enhance the recessed walls. The corrugated metal Is used to provide emphasizes on the Southwest corner. 6. External modifications proposed for structures listed on the Springfield Historic Landmark Inventory shall comply with the applicable standards specified in Section 3.3-900. Response: The Applicant Is proposing firsBlue MCKemle Mizell Use ARCHITECTS 8.5.2022 1 PAGE 7. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 6., above. Response: The Applicant Is proposing B. Building Orientation and Maximum Setbacks. Intent: To the greatest extent practicable, all new buildings in a mixed-use development shall be oriented toward both exterior and internal streets in a manner that accommodates pedestrian comfort, convenience and safety. Response: The Applicant Is proposing 1. In the Downtown Mixed Use Area, buildings shall be oriented towards fronting streets in a manner that frames and defines both streets and pedestrian areas along those streets. The maximum building setback in the Downtown Mixed Use Area is 10 feet. Buildings in this area shall not be separated from fronting streets by off-street parking, vehicle circulation aisles or drive-thru lanes. Response: The Applicant Is proposing EXCEPTIONS: Street setbacks in the Downtown Mixed Use Area may be approved by the Director when: a. The building design incorporates public seating, plazas, or other usable public space as specified in Subsection G. below; b. The building design incorporates landscaped stormwater quality facilities within the setback area that also enhance the pedestrian scale, orientation and interest; C. Necessary to preserve existing healthy mature trees; or d. Necessary to accommodate handicapped access requirements. Response: The Applicant Is proposing 2. Parking in the Downtown Mixed Use Area shall be located beside or behind buildings, internal to development on a site. For existing development sites, outparcel buildings between a large parking lot and the street shall be used to help define the streetscape, and lessen the visual impact of the parking lot from the street. Response: The Applicant Is proposing LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 8 3. Public entrances to all new buildings in the Downtown Mixed Use Area shall be visible from the street and oriented so that pedestrians have a direct and convenient route from the street sidewalk to building entrances. Response: The Applicant Is proposing 4. In MUC Districts outside of the Downtown Mixed -Use Area, buildings may be set back from fronting public or private streets but shall be connected to those by a continuous internal sidewalk (and as needed, sidewalk crossings). This internal sidewalk network shall connect customer entrances of buildings on a development site with one another and with fronting public sidewalks or rights-of-way. The internal sidewalks shall be at least 5 feet wide. The internal sidewalk network shall connect transit stops or station to buildings on the development site to form a direct and convenient pedestrian connection with these transit facilities. Response: The Applicant Is proposing 5. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 4., above. Response: The Applicant Is proposing C. Weather Protection. Intent: Awnings and canopies are intended to protect pedestrians from the weather and add to the architectural interest of buildings. New commercial or mixed-use residential development shall provide a weather -protected area adjacent to sidewalks and plazas. 1. Awnings or canopies shall be at least 6 feet wide and shall follow building offsets to eliminate long expanses of awnings and or canopies. 2. Awnings and canopies shall not obscure architectural features (e.g., transom area) of the building and shall not extend into the second story of the building. 3. Awnings and canopies shall be in proportion to the overall building and shall match the width of the storefront or window opening. 4. Backlit awnings and canopies are not permitted. 5. Awnings and canopies shall be suspended from the building and not supported by posts. 6. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 5., above. Response: The Applicant Is proposing D. Landscaping and Screening. firsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 9 1. Intent: Landscaping is intended to compliment built forms within a development area, softening and providing visual relief and contrast to buildings, sidewalks and parking lots. Trees, as part of a landscaping plan, shall provide shade for pedestrian comfort as well. The installation of landscaping shall be accomplished in a manner that assures that planted stock receives adequate irrigation. Screening is intended to compliment a development area by shielding trash receptacles, storage areas and other unsightly facilities from public view within the development area. a. Mixed-use developments shall provide landscaping and screening in accordance with Sections 4.4.100 and 4.4.110 and the following standards: b. Street trees shall be required consistent with Section 4.2- 140. Species shall be compatible with the design features specified in Subsection G., below and shall provide continuity with nearby landscaping. The Director may grant a 1 -for -1 reduction in the number of street trees required when a development preserves healthy, mature trees located within 10 feet of the sidewalk Required street trees shall be placed in planter strips between sidewalks and curbs as specified in Sections 4.2-135 and 4.2-140, or in individual tree pits. If individual tree pits are utilized, each pit shall be a minimum of 64 square feet per tree, with a minimum width of 4.5 feet. Response: The Applicant is proposing 2. Screening of parking areas, drives, mechanical equipment and trash receptacles shall be as specified in Section 4.4.110. In addition: a. No trash receptacles shall be allowed within the front setback areas abutting residential districts. b. All ground -mounted utility equipment not installed underground shall be placed to reduce visual impact or screened with walls or landscaping. C. Notwithstanding the timelines specified in Section 4.4.105, plants shall be sized to attain 50 percent coverage in 2 years and 100 percent coverage in 4 years. Response: The Applicant Is proposing 3. Irrigation systems are required to support landscaping. Drought -resistant plants are encouraged. See Sections 5.17-120D.3. and 4.4.105. firsBlue McKemle Mizell Use ARCHITECTS 8.5.2022 1 PAGE 10 Response: The Applicant Is proposing 4. Parking areas, drives, and mechanical equipment shall be screened as specified in Section 4.4.110. Trash receptacles shall be screened from on and offsite view by placement of a solid fenced or walled enclosure, from 5 to 6 feet in height. No receptacles are allowed within front setback areas abutting residential districts. All ground -mounted utilities equipment not placed underground shall be placed to reduce visual impact or screened with walls or landscaping. Plants shall be sized to attain 50 percent coverage in 2 years and 100 percent coverage in 4 years. Response: The Applicant Is proposing 5. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 4., above. Response: The Applicant Is proposing Street Connectivity and Internal Circulation. Intent: To make mixed-use developments part of a connected street system that serves vehicles, pedestrians and bicycles. Public or private streets connect the development to adjacent neighborhoods and zoning districts. When street connections are not practicable, pedestrian connections are made to and through the development in lieu of planned street connections. Pedestrian connections shall equal what would be available if they were on a street. 5. Pedestrian paths and sidewalks shall connect all building entrances with each other and with public rights-of-way in a manner that is direct and convenient for the pedestrian. Response: The Applicant is proposing 6. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 5., above. F. Neighborhood Compatibility. Intent: To achieve a compatible transition between mixed-use and other zones of differing height, bulk and scale requirements, consideration shall be given to the scale and design of surrounding buildings to promote compatibility and complement or enhance the character of existing single-family neighborhoods. Development in mixed-use districts firsBlue McKeark Mixerl Use ARCHITECTS 8.5.2022 1 PAGE 11 shall be appropriate and related to the setting and established character of the surrounding area or neighborhood. Minimum standards adjacent to Low Density Residential Districts are: 1. Architectural compatibility between new development and adjacent LDR development, including, but not limited to: similar roof forms, windows, trim, and materials, shall be required to the maximum extent practicable. 2. Lighting shall be arranged and constructed not to produce direct glare on adjacent LDR development as specified in Section 4.5-100. 3. Site obscuring landscaping shall be required, including, but not limited to: the retention of existing vegetation; installation of a 5 - foot minimum height, site -obscuring fence with shade trees planted a maximum of 30 feet on center (2 -inch caliper at planting); and/or other landscaping to provide visual buffering. 4. Mechanical equipment shall be screened from view from adjacent LDR properties and the street as specified in Subsection D.4., above. Mechanical equipment shall be buffered so that noise does not typically exceed 50 decibels as measured at the LDR property line. The City may require a noise study certified by a licensed acoustical engineer. 5. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 4., above. G. Pedestrian Amenities. Intent: To provide appropriate pedestrian amenities in mixed-use developments, pedestrian amenities, including, but not limited to: benches, ornamental paving and public an shall be provided and durably designed and integrated into an overall design scheme or pattern. 1. All new structures and substantial improvements to existing buildings shall provide pedestrian amenities, as specified in this Subsection. The number of pedestrian amenities provided shall comply with the following sliding scale. firsBlue McKemle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 12 Size of Structure or Substantial Improvement Humber -of Ameniities <5,000 sq. ft. 1 5,000-10,000 sq. ft. 2 10,000-50,000 sq. ft. 3 550,000 sq. ft. 4 2. Acceptable pedestrian amenities include: a. Sidewalks incorporating ornamental paving treatments, including, but not limited to: concrete masonry unit pavers, brick, or stone, which are 50 percent wider than required by this Code. b. A public outdoor seating plaza adjacent to, or visible and accessible from, the street (minimum useable area of 300 square feet). C. Sidewalk planters between the sidewalk and building including stormwater swales. d. Street tree density more extensive than required by this Section. e. Streetscape scale container planters. f. Installation of 3 -inch caliper size or larger to fulfill the street tree requirement. g. Public art, including, but not limited to: sculptures, fountains, clocks, or murals with a value equal to or greater than 1 percent of construction value of the structure. h. Pocket parks with a minimum usable area of 300 square feet. 3. Guidelines for the siting, construction and character of pedestrian amenities: a. Amenities shall be visible and accessible to the general public from a fully improved street. Access to pocket parks, plazas, and sidewalks shall be provided via a public right-of-way or a public access easement. LrsBlue McKemle Mxetl Use ARCHITECTS 8.5.2022 1 PAGE 13 b. The size or capacity of pedestrian amenities shall be roughly proportional to their expected use, including use by employees, customers, residents, and other visitors. The Director may alter minimum area standards for pocket parks and plazas based on this guideline. C. Amenities shall be consistent with the character and scale of surrounding developments. For example, similarity in awning height, bench style, planter materials, street trees, and pavers is recommended to foster continuity in the design of pedestrian areas. Materials shall be suitable for outdoor use, easily maintained, and have at least a 10 -year expected service life. d. Bus stops, as a pedestrian amenity, shall conform to standards of the Lane Transit District. 4. The proposal contains an equally good or superior way to achieve the intent of Subsections 1. through 3., above. Response: The Applicant Is proposing 3.2-630 Mixed -Use Development Standards—Specific A. MUC Development Standards. 1. Preservation of the Commercial Land Supply a. One hundred percent of a new mixed use building footprint may be developed for commercial uses. Response: The Applicant Is proposing b. A minimum of 60 percent of the ground floor area within a new building in the MUC District shall be dedicated to commercial uses to ensure that commercial land is preserved for primarily commercial purposes. Up to 100 percent of any building may be developed for residential uses so long as 60 percent of the total ground floor area within the development area is devoted to commercial uses. Response: The Applicant Is proposing C. The commercial uses on an MUC site shall be developed prior to or concurrently with other proposed uses. Concurrency may be established by approval of a Master Plan that provides a mix of uses that includes commercial and other proposed uses. Response: The Applicant Is proposing firsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 14 EXCEPTION: This provision shall not apply to residential and/or limited manufacturing uses that are in existence as of June 3, 2002. 2. Maximum Footprint for Retail Uses. The maximum building footprint for a grocery store shall be 70,000 square feet. The maximum building footprint for other single tenant wholesale or retail uses shall be 50,000 square feet. The maximum footprint for all other uses shall be based upon lot/parcel coverage and building setbacks. 3. Minimum Floor Area Ratio. A minimum floor area ratio (FAR) of .40 shall be required for all new development or redevelopment in the MUC portion of the Downtown Mixed Use Area. A FAR of .30 is required for new development on lots/parcels greater than 1 acre in the MUC District outside of the Downtown Mixed Use Area. FAR is defined for this purpose as the amount of gross floor area of all buildings and structures on the building lot/parcel divided by the total lot/parcel area. Response: The Applicant Is proposing CHAPTER DEVELOPMENT STANDARDS Section 4.2-100 Infrastructure Standards—Transportation 4.2-135 Sidewalks A. Sidewalks and planter strips abutting public streets shall be located wholly within the public street right-of-way, unless otherwise approved by the Director. Response: The Applicant Is proposing B. Sidewalks shall be designed, constructed, replaced or repaired as specified in the City's Engineering Design Standards and Procedures Manual, the Development & Public Works Standard Construction Specifications and the Springfield Municipal Code. Response: The Applicant Is proposing LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 15 C. Concrete sidewalks must be provided according to Section 4.2-105.C, Table 4.2-1, and the following criteria: 1. Sidewalks must conform to the existing or planned street grades. 2. Sidewalks must conform to current ADA standards. 3. Sidewalks must be separated from the curb by the planting strip, except when necessary for connectivity, safety, or to comply with street design requirements, and subject to approval by the Director. 4. New sidewalk width and type must be consistent with existing sidewalk design in the same block, but must physically transition to comply with current sidewalk standards as determined by the Director. When replacing damaged sidewalk, new sidewalk must be located in the same position as the existing sidewalk. 5 Facilities including, but not limited to, mail boxes, water meters, valves, junction boxes, manholes, utility poles, trees, benches, fire hydrants, signs, and bus stops must not be located within the sidewalk, and must be removed or relocated prior to the construction or reconstruction of the sidewalk, unless otherwise approved by the City Engineer. If facilities remain, there must be at least 5 feet of unobstructed width on arterial class streets and 4 feet on all other streets. Response: The Applicant is proposing D. Planter strips are required as part of sidewalk construction. Planter strips must be at least 4.5 feet wide (as measured from the back of curb to the edge of the sidewalk) and long enough to allow the street tree to survive. Planter strips must have approved landscaping consisting of street trees and ground cover allowed per the City's Engineering Design Standards and Procedures Manua/ Tree wells set in concrete or sidewalk areas must be a minimum of 4 feet by 4 feet. Concrete, asphalt or other impermeable pavement are not allowed to substitute for landscaping within planter strips. EXCEPTION: Planter strips less than 4.5 feet wide may be permitted when necessary for connectivity, safety, or to comply with street design requirements, subject to approval by the Director. Response: The Applicant Is proposing 4.2-140 Street Trees Street trees are those trees required within the public right-of-way. The primary purpose of street trees is to create a streetscape that benefits from the aesthetic and environmental qualities of an extensive tree canopy along the public street system. Street trees LrsBlue MCKemle Mizell Use ARCHITECTS 8.5.2022 1 PAGE 16 are attractive amenities that improve the appearance of the community, provide shade and visual interest, and enhance the pedestrian environment. Street trees also improve air quality, reduce stormwater runoff, and moderate the micro -climate impacts of heat absorbed by paved surfaces. Street trees may be located within a planter strip or within individual tree wells in a sidewalk, round- about, or median. Response: The Applicant Is proposing A. New Street Trees. New street trees shall be at least 2 inches in caliper. New street trees shall be selected from the City Street Tree List and installed as specified in the City's Engineering Design Standards and Procedures Manua/ The Director shall determine which species are permitted or prohibited street trees. Response: The Applicant Is proposing B. Existing Street Trees. 1. Street Tree Retention Standards. Existing trees may meet the requirement for street trees ( i.e., trees on the City Street Tree List specified in the City's Engineering and Design Standards and Procedures Manua/with a minimum caliper of 2 inches) if excavation or filling for proposed development is minimized within the dripline of the tree. Sidewalks of variable width, elevation, and direction may be used to save existing trees, subject to approval by the Director. Existing street trees shall be retained as specified in the Engineering Design Standards and Procedures Manual, unless approved for removal as a condition of Development Approval or in conjunction with a street construction project. Response: The Applicant Is proposing 2. Street Tree Removal Standards. Response: The Applicant Is proposing 3. Street Tree Replacement Standards. Where possible, any street tree proposed to be removed shall be replaced with a tree at least 2 inches in caliper. Response: The Applicant Is proposing C. Street Tree Maintenance Responsibility. firsBlue McKenzieMizell Use ARCHITECTS 8.5.2022 1 PAGE 17 1. Maintenance of street trees in the public fight -of -way shall be performed by the City. Response: The Applicant Is proposing 2. Maintenance of street trees on private property shall be performed by the property own. Response: The Applicant Is proposing 4.2-145 Lighting Standards C. Design Standards. 1. Lighting must comply with Illuminating Engineering Society, American National Standards Practice for Roadway Lighting — RP -8- 14 and applicable National Electrical Safety Code (NESC) and National Electrical Code (NEC) standards. Response: The Applicant Is proposing centering the fixture on the site. City to provide lighting study to verity exact location. 2. Intersections must be illuminated to a level equal to the sum of the average required illuminance of the 2 intersecting streets. Response: Section Is not applicable to mid -block project site 3. Mid -block crosswalks that are approved by the City Traffic Engineer must have 2 times the illumination required for the street. Response: The Applicant Is not proposing a mid block location. 4. Decorative poles with City -approved LED fixtures and lighting controls must be used on all streets within the Nodal Development Overlay District and where any refinement plan or plan district requires decorative lighting. Decorative poles may be used on streets, paths, and accessways in any other zone at the option of the developer as approved by the Director. Response: The Applicant Is proposing one decorative pole per the city standards. 8. Where lot frontages are 80 feet or less, poles must be located at property lines unless approved by the Director. Response: The Applicant Is proposing centering the fixture on the site. City to provide lighting study to verity exact location. 9. The weak point illumination must not be less than 0.1 foot candles. Response: City to provide lighting study to verify exact location. firsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 18 12. Pole Height. d. Decorative poles must be 12 feet tall, except that 16 -foot tall decorative poles may be approved by the Director when the required illumination levels cannot be achieved with 12 -foot tall decorative poles. Response: The Applicant is proposing one decorative pole per the city standards. SECTION 4.3-100 INFRASTRUCTURE STANDARDS—UTILITIES 4.3-105 Sanitary Sewers A. Sanitary sewers shall be installed to serve each new development within the city limits and to connect developments to existing mains. Installation of sanitary sewers shall provide sufficient access for maintenance activities and shall comply with the provisions of this Code, with the Public Works Standard Construction Specifications, the City's Engineering Design Standards and Procedures Manual, the Springfield Municipal Code, 1997 and Department of Environmental Quality (DEQ) regulations. Response: The Applicant Is proposing connecting to the existing public 10" main north of the proposed building in a FILE (former alley). One 4" connection from a grease interceptor and a 6" connection from proposed building's sanitary line. 4.3-110 Stormwater Management A. Stormwater Management Regulations. By implementing the policies set forth in the currently approved Stormwater Management Plan, provide for the effective management of stormwater and drainage from the City into the groundwater and watercourses within the City and its urbanizing area; minimize demand on the City's stormwater management system, and alleviate future costs of treating the discharge; promote water quality; preserve groundwater and the vegetation and rivers it supports; reduce peak storm flows; minimize public and private losses due to flood conditions; and minimize stormwater discharge impacts on water quality and quantity and stream flow patterns, including peak and base flows in intermittent and perennial streams, within the McKenzie River and Willamette River watersheds. Response: The Applicant Is proposing not to increase impervious area to the site from the existing to the proposed condition. The existing site is completely paved. The proposed new Impervious surface will include firsBlue McKenzieMixed Use ARCHITECTS 8.5.2022 1 PAGE 19 almost entirely building roof, with some paved exterior areas along the edges of the building. No stormwater treatment Is proposed. B. The Approval Authority shall grant development approval only where adequate public and/or private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the policies set forth in the Stormwater Management Plan and the Engineering Design Standards and Procedures Manua/ The stormwater management system shall be separated from any sanitary sewer system. Surface water drainage patterns shall be addressed on every Preliminary Site Plan, or Tentative Partition or Subdivision Plan. Response: The Applicant Is proposing to Install a new public manhole on the 10" storm main at T" street. A 10"public storm line will run east from the new manhole to the edge of the right-of-way, then continue east to the project site as a new 8" private line within an existing PUE. C. A stormwater management system shall accommodate potential runoff from its entire upstream drainage area, whether inside or outside of the development. The Public Works Director shall determine the necessary size of the facility, based on adopted Public Facility Plans and Stormwater Facility Master Plans. The developer shall pay a proportional share of the cost according to adopted City Council policy. Response: The Applicant Is proposing to Install slot drain and area drains around the perimeter of the site that will collect any run-off from within the site and adjacent areas that drain to the site. Building roof drainage will be piped to the private storm system. D. Run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Where the Public Works Director determines that the additional run-off resulting from the development will overload an existing stormwater management system, the Approval Authority shall withhold Development Approval until provisions, consistent with the Engineering Design Standards and Procedures Manual, have been made to correct or mitigate this condition. Response: The Applicant Is proposing connecting all slot and area drains to 6" storm line within the site and to an 8" main north of the site that runs west to the existing public 10maln on T" street E. Any development with a stormwater threshold management requirement of 1,000 square feet of impervious firsBlue MCKeark Mixed Use ARCHITECTS 8.5.2022 1 PAGE 20 surface area shall be required to employ stormwater management practices consistent with the Springfield Engineering Design Standards and Procedures Manual, which minimize the amount and rate of surface water run-off into receiving streams. The following stormwater management practices may be required in orderto relieve demand on the City's piped drainage system, alleviate future costs of treating the piped discharge, promote water quality, preserve groundwater and the vegetation and rivers it supports, and reduce peak storm flows: 1. Temporary ponding of water; 2. Permanent storage basins; 3. Minimizing impervious surfaces; 4. Emphasizing natural water percolation and natural drainageways; 5. Preventing water flowing from the street in an uncontrolled fashion; 6. Stabilizing natural drainageways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion, as permitted/allowed by City, State and Federal regulations; 7. On-site filtration or skimming of run-off, that will enter natural drainageways to maintain water quality; 8. On-site constructed wetlands; and 9. The riparian area boundary, as specified in Subsection 4.3- 115A., may be utilized to meet City on-site stormwater management requirements for flood control and water quality treatment provided the design is complementary to and supportive of the primary objective of a properly functioning riparian habitat condition. Where the riparian boundary is not of sufficient size to meet these on-site requirements, the additional area needed shall be located contiguous to the riparian boundary to form a consolidated stormwater feature for operational and maintenance efficiencies and that is designed to be compatible with and complementary to the riparian area boundary. Response: The Applicant Is proposing not to Increase the Impervious area for the proposed development. The existing site Is 100% paved asphalt parking lot. 4.3-120 Utility Provider Coordination A. All utility providers shall be responsible for coordinating utility installations with the City and the developer through the Development Review Committee or by separate written correspondence. LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 21 B. The developer shall be responsible for the design, installation and cost of utility lines and facilities to the satisfaction of the utility provider. 4.3-125 Underground Placement of Utilities Whenever possible, all utility lines shall be placed underground. However, overhead and above ground facilities are permitted for the following: A. Emergency and temporary installations undertaken by utility providers for a maximum of 30 days. B. Electrical transmission lines and backbone distribution feeders that are consistent with the Metro Plan's Public Facilities and Services Plan. These lines act as a main source of supply to primary laterals and direct connected distribution transformers and primary loads. C. Appurtenances and associated equipment, including, but not limited to: surface -mounted transformers, pedestal -mounted terminal boxes, meter cabinets, telephone cable closures, connection boxes. D. Structures without overhead wires, used exclusively for fire alarm boxes, streetlights, or municipal equipment installed with the approval of the City Engineer. E. Power substations, pumping plants, and similar facilities necessary for transmission or distribution of utility services shall be permitted subject to compliance with zoning district regulations and the Metro Plan's Public Facilities and Services Plan. Required landscaping and screening shall be approved by the Director under Type II procedures for all these facilities prior to any construction being started. Public television transmitters and receivers. G. Industrial developments requiring exceptionally large power supplies may request direct overhead power during the Site Plan Review process, without a Variance. H. Existing non -backbone distribution feeders located on existing streets on developed or undeveloped land. Response: The Applicant Is proposing 4.3-130 Water Service and Fire Protection A. Each development area shall be provided with a water system having sufficiently sized mains and lesser lines to furnish an adequate water supply to the development with sufficient access for maintenance. LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 22 Response: The Applicant is proposing to install a 2" domestic water and a 6" fire protection line to supplythe proposed development. Connection will be made an existing SUB water main in A Street. B. Fire hydrants and mains shall be installed by the developer as required by the Fire Marshal and the utility provider. Response: The Applicant Is not proposing to Install new hydrants. The existing site Is adequately served by existing public hydrants. 4.3-140 Public Easements A. Utility Easements. The applicant shall make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development or land beyond the development area, as necessary. The minimum width for public utility easements adjacent to street rights-of-way shall be 7 feet. The minimum width for all other public utility easements shall be also be 7 feet. However, the utility provider or the Public Works Director may require a larger easement for major water mains, major electric power transmission lines, sanitary sewer lines, stormwater management systems or in any other situation to allow maintenance vehicles to set up and perform the required maintenance or to accommodate multiple utility lines. Where feasible, utility easements shall be centered on a lot/parcel line. Response: The Applicant Is proposing SECTION 4.4-100 LANDSCAPING, SCREENING AND FENCE STANDARDS 4.4-105 Landscaping A. These regulations ensure that new development complies with the landscaping provisions of this Code and any applicable Refinement Plans, Plan Districts, Master Plans, and Conceptual Development Plans; is adequately screened from less intensive development; considers the effects of vegetation on public facilities; retains significant clusters of natural trees and shrubs wherever possible; minimizes nun -off; facilitates energy conservation and crime prevention; and improves the appearance of the City to create a desirable place to live and work. Response: The Applicant Is proposing B. Three types of landscaping may be required: 1. Landscaping standards for private property as specified in this Section and other Sections of this Code. LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 23 2. Street trees in the public right-of-way as specified in Section 4.2-140. 3. Curbside planter strips in the public right-of-way as specified in Section 4.2-135. Response: The Applicant Is proposing C. Materials and installation costs of planting and irrigation other than what is required by the Minimum Development Standards (Section 5.15.100) shall not be required to exceed 10 percent of the value of the new development, including parking facilities. The Director shall determine the location, quantity and quality of required landscaping as specified in this Code. Response: The Applicant Is proposing D. Unless otherwise specified in this Code, the following areas of a lot/parcel shall be landscaped: 1. All required setback areas and any additional planting areas as specified in the appropriate zoning district. 2. Parking lot planting areas required in this Section. Response: The Applicant Is proposing E. At least 65 percent of each required planting area shall be covered with living plant materials within 5 years of the date of installation. The living plant materials shall be distributed throughout the required planting area. The planting acceptable per 1,000 square feet of required planting area is as follows: 1. As a minimum, 2 trees not less than 6 feet in height that are at least 2 inches in caliper (at the time of planting, not including root ball); and 2. Ten shrubs, 5 gallons or larger. 3. Lawn and/or groundcover may be substituted for trees or shrubbery, unless required for screening when there are adequate provisions for ongoing maintenance. Response: The Applicant Is proposing 3. See also Section 3.2-240D.8.c. for multifamily design standards. Response: The Applicant Is proposing G. All new required planting areas shall be provided with a permanent underground irrigation system unless where planted with LrsBlue McKemle Mizell Use ARCHITECTS 8.5.2022 1 PAGE 24 native species or plant communities, or as maybe exempted by the Director. Response: The Applicant Is proposing N. Landscaped setbacks abutting required screening on the same property may be exempted by the Director from planting requirements if the area is not visible from any public right-of-way or adjacent property. Response: The Applicant Is proposing I. Planting Installation Standards. 1. The applicant shall provide methods for the protection of existing plant material, which will remain through the construction process. The plants to be saved and the method of protection shall be noted on the Planting Plan. 2. Existing trees to be retained on private property shall not have construction occur within the drip line, unless a landscape architect certifies that affected trees will have at least a 90 percent chance of survival over a 5 -year period. Trees to be saved shall be kept free from trunk abrasion. 3. The Planting Plan may be required to include specifications for topsoil, including depth and organic matter requirements, to ensure the health and vitality of required planting. Where planting areas have been excavated, the Planting Plan shall provide for the replacement of topsoil. All waste material shall be removed from required planting areas prior to the application of topsoil. a. Inspection may be made by the Director prior to planting to verify proper rough grade and installation of irrigation systems. b. Plant materials and soil preparation may be inspected prior to or in conjunction with the occupancy inspection to ensure that placement, quantity, size and variety conform to the approved Planting Plan and the requirements of this Section. Nursery tags identifying variety and species shall remain on plant specimens until the Final Building Inspection by the Building Official or the issuance of a Certificate of Occupancy. Response: The Applicant Is proposing 4.4.110 Screening A. Unless otherwise specified in this Code, screening shall be required: LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 25 1. Where commercial and industrial districts abut residential districts and no approved screening exists; 2. For outdoor mechanical devices and minor and major public facilities; 3. For outdoor storage yards and areas in non-residential districts abutting residential districts along their common property line; 4. For trash receptacles; 5. For automobile wrecking and salvage yards; and 6. For multifamily developments. Response: The Applicant Is proposing B. Screening shall be vegetative, earthen and/or structural and be designed to minimize visual and audible incompatible uses from adjacent properties. Unless specified elsewhere in this Subsection, screening shall be continuous to at least 6 feet above ground level. The following standards shall apply: 1. Vegetative Screening. Evergreen shrubs shall be planted to form a continuous hedge. When immediate screening is necessary, a sight -obscuring fence shall be installed in place of, or in conjunction with the shrubs. The 6 -foot height standard specified in Subsection IS, above shall occur within 4 years of planting. EXCEPTION: For multifamily development, the vegetative screening standard specified in Section 3.2-240D.8.d. apply. Response: The Applicant Is proposing 2. Earthen Screening. Earthen berms may be used to screen either visual or noise impacts. Response: The Applicant Is proposing 3. Structural Screening. A fence or masonry wall shall be constructed to provide a uniform sight -obscuring screen. EXCEPTIONS: a. No screen shall exceed 4 feet in residential district front yard setbacks, and all screening shall comply with vision clearance requirements of Section 4.2-130. b. Wherever a required screen in the form of a fence is adjacent to a residential or commercial district or an arterial or collector street, it shall be non-metallic and of a subtle color to blend LrsBlue MCKemle Mizell Use ARCHITECTS 8.5.2022 1 PAGE 26 with surrounding vegetation. A slatted chain-link fence may be approved by the Director. C. Any refuse container or disposal area which would otherwise be visible from a public street, customer or resident parking area, any public facility, adjacent property, or any residential area, shall be screened from view as specified in Subsections 1. and 3., above. All refuse materials shall be contained within the screened area. See also Section 3.2-240D.3.b. for multifamily design standards. This standard does not apply to single and 2 -family dwellings. d. When abutting a street, outdoor storage areas and yards shall be provided with a 5 -foot planting strip as specified in Section 4.4.100. Response: The Applicant Is proposing 4.4-115 Fences Fences shall not exceed the height standards in Table 4.4.1 and shall be located as follows: A. General. 1. In any zoning, overlay or plan district not specifically listed in Table 4.4.1, fence standards shall be determined based upon the use, for example a commercial use in the Mixed Use Commercial District shall comply with fence standards for the commercial districts in Table 4.4.1. EXCEPTION: In mixed use areas, fence standards shall be determined by the base zone. 2. Fence height is measured from the average height of the grade adjacent to where the fence is to be located. If a fence is to be constructed on top of a berm, the height is measured from the top of the berm. 3. Fences shall be permitted as specified in the screening standards in Section 4.4.110. Where permitted in the commercial, industrial and the PLO Districts, outdoor storage of materials shall be screened by a sight obscuring fence when abutting residential properties along common property lines. Partial screening along rights-of-way and non-residential districts may be permitted when necessary for security reasons. Response: The Applicant Is proposing SECTION 4.5-100 ON-SITE LIGHTING STANDARDS firsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 27 4.5-105 Purpose and Applicability A. On-site lighting standards are established to create a safe and secure environment during hours of darkness and reduce or prevent light pollution by minimizing glare. B. On-site lighting standards apply to any development requiring Site Plan Review approval. C. EXCEPTIONS: On-site lighting standards shall not apply to: 1. Individual single-family or duplex dwelling units. 2. City street light standards and design criteria, which are regulated by Section 4.2-145 and by the City's Engineering Design Standards and Procedures Manual, 3. Lighting necessary for emergency equipment and work conducted in the interests of law enforcement or for the safety, health, or welfare of the City; and 4. Sign lighting and signs in general, which are regulated in the Springfield Municipal Code, 1997, Chapter 8. 4.5-110 Illumination and Height A. On-site lighting shall be the minimum illumination necessary for a given application including parking areas and vehicle sales areas. All exterior light fixtures shall be shielded or recessed so that direct glare and reflection are contained within the boundaries of the property, and directed downward and away from abutting properties; public rights-of-way; and riparian, wetlands and other protected areas identified in this Code on the same property. B. Height. 1. The height of a free standing exterior light fixture shall not exceed 25 feet or the height of the principal permitted structure, whichever is less. In this case, height is measured as the vertical distance between the paved surface and the bottom of the light fixture. 2. EXCEPTIONS: a. The Director may allow an increase to the standard in Subsection 8.1., above when a determination is made that personal security is an issue, special security needs exist, or where vandalism or crime are possible. The Director may consider specific site characteristics, level of vehicle and pedestrian conflict, special security needs, and history or likelihood of crimes in making the firsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 28 determination. Any approved increase shall be the minimum necessary to achieve the desired result. b. The height of a free standing exterior light fixture within 50 feet of any residential district and riparian, wetlands and other similarly protected areas shall not exceed 12 feet. C. The height restriction in Subsection 8.1., above shall not apply to lighting used to illuminate outdoor performance areas, sport and recreation facilities, and playfields, unless these light fixtures are located within 50 feet of a residential district. SECTION 4.6-100 MOTOR VEHICLE PARKING, LOADING AND BICYCLE PARKING STANDARDS 4.6-135 Loading Areas—Facility Design and Improvements A. All necessary loading areas for commercial and industrial development shall be located off-street and provided in addition to the required parking spaces. B. Vehicles in the loading area shall not protrude into a public right-of-way or sidewalk. EXCEPTION: When no other reasonable alternative exists, loading areas shall be located so that vehicles are not required to back or maneuver in the public right-of-way or internal travel aisles. C. The minimum sizes required for commercial and industrial loading areas are as follows: 1. Two hundred fifty square feet for buildings of 5,000 to 20,000 square feet of gross floor area. 2. Five hundred square feet for buildings of 20,000 to 50,000 square feet of gross floor area. 3. Seven hundred fifty square feet for buildings in excess of 50,000 square feet of gross floor area. D. The required loading area shall not be less than 10 feet wide by 25 feet long and have an unobstructed height of 14 feet. LrsBlue MCKemIe Mlxe4 Use ARCHITECTS 8.5.2022 1 PAGE 29 E. A school having a capacity greater than 25 students shall have a driveway designed for the continuous forward flow of passenger vehicles for loading and unloading children. (6211) 4.6.140 Bicycle Parking—Purpose and Applicability A. Safe and convenient bicycle parking is required in most zoning districts and land use categories to encourage the use of bicycles as a mode of transportation. The required number of spaces is lower for uses that do not tend to attract bicycle riders and higher for those that do. Additionally, some bicycle parking is required on the basis of specifically encouraging employee, student or customer related bicycle use. The following standards ensure that bicycle parking is convenient to the cyclist in its location and provides sufficient security from theft and damage. Long-term bicycle parking space requirements accommodate employees, commuters, students, residents and other persons who expect to leave their bicycles for more than 2 hours. Short-term bicycle parking spaces accommodate visitors, customers, messengers, and other persons expected to depart within approximately 2 hours. B. Unless exempted elsewhere in this Code, all development shall comply with the bicycle parking provisions of this Section. (6412) 4.6-145 Bicycle Parking—Facility Design A. Required bicycle parking spaces and facilities must be a powder coated staple or inverted -U rack as shown in Figure 4.6-B. Alternatively, the required bicycle parking spaces must fulfill the criteria for quality bicycle parking, which are as follows: 1. Supports the bicycle frame in a stable position without damage to wheels, frames, or components and provides two points of contact; 2. Allows locking of the frame and one or both wheels with a U -lock; 3. Is securely anchored to the ground or to a structure; 4. Resists cutting, rusting, bending, or deformation, both from natural causes and from human abuse; 5. Powder coated or durable, non -scratching surface; and 6. Works well for a variety of bicycle frame types (e.g., should work for step -through frame as well as diamond frame, children's bicycles as well as adult bicycles, recumbent as well as other styles of adaptive bicycles). LrsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 30 B. Required bicycle parking spaces and facilities must be constructed and installed in accordance with Section 4.6-150 and Figures 4.6-8 and 4.6-C. Bicycle parking must be provided at ground level unless an elevator with clear bicycle wayfinding signage is easily accessible and directs users to an approved bicycle storage area. Each required bicycle parking space must be accessible without removing another bicycle. C. All required long-term bicycle parking spaces must be sheltered from precipitation and include lighting. D. Short-term bicycle parking must be sheltered as follows: 1. If 10 or fewer short-term bicycle parking spaces are required, no shelter is required for short-term bicycle parking. 2. If more than 10 short-term bicycle parking spaces are required, at least 50% of the short-term bicycle parking spaces in excess of 10 must be sheltered. 3. Shelters must have a minimum 7 -foot overhead clearance and must completely cover the bicycle parking rack and any bicycles that are parked in the way the rack was designed to be used. E. Bicycle parking that accommodates oversized bicycles and alternative bicycle types must be provided as follows: 1. Each oversized bicycle parking space must provide minimum clear area of 4 feet by 8 feet as shown in Figure 4.6-C. 2. At least 10% of the long-term bicycle parking spaces for commercial uses and residential uses must be oversized bicycle parking spaces. 3. At least 10% of the short-term bicycle parking spaces for schools (elementary through high school) must be oversized bicycle parking space. 4.6-155 Bicycle Parking—Number of Spaces Required A. The required minimum numberof bicycle parking spaces for each principal use is 4 spaces, unless otherwise specified in Table 4.6-3. Additional bicycle parking spaces may be required at common use areas. When the numberof required spaces results in a fractional number, the total number of required spaces will be rounded up to the next whole number. When application of the long - and short-term bicycle parking percentages results in a fractional firsBlue MCKemIe Mizell Use ARCHITECTS 8.5.2022 1 PAGE 31 number of long- and short-term spaces, the number of long-term spaces required will be rounded up to the next whole number; the remaining number of required spaces will be designated as short- term bicycle parking. LrsBlue McKemle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 32 BLUE MCKENZIE MIXED USE Exhibit A: Type II Site Design Review Application Form LrsBlue MCKeuIle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 33 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Site Plan Review SPRINGFIELD W 0#/ Type (Applicant. dieck Site Plan Review Pre -Submittal: Major Site Plan Modification Pre-SubmittalApplication , ❑ Site Plan Review Submittal: X Ma'or Site Plan Modification Submittal: ❑ Required Project Information (Applicant. complete this section) Applicant Name: Jean-Pierre Veillet Phone: 971.506.2337 Company: Blue McKenzie Apartments, LLC Email: Ip@nws-properties.c Address:95 Freedom Loop , Bellevue, Idaho 83313 Applicant's Rep.: Cynthia Schuster Phone: 03.807.7822 Company: LRSArchitects I Email: cschuster@lrsarchit Address: 720 NW Davis, Suite 300, Portland, OR 97209 Property Owner: Blue McKenzie Apartments, LLC Phone: 971.506.2337 Company: Blue McKenzie Apartments, LLC Email: Ip@nws-properties. Address: 95 Freedom Loop, Bellevue, Idaho 83313 ASSESSOR'S MAP NO: TAX LOT NOS : 17-03-35-42-02300 Property Address: Site Location - A Street between 7th and 8th Size of Property: .27 aCreS Acres ❑X Square Feet ❑ proposed No. of • 311 dwellina uni Proposed Name of Project: Blue McKenzie Company DeSCf lPtlon of if you are filling in this form by hand, please attach your proposal description to this application. Pf0 OSaI' Single building of♦/.76,008 at, eight stories, 84 apartment units with an 8th floor amenity space, commercial lease space on ground floor. The la[ger commercial space er 11 be set up to be a small restaurant, Existing Use: Parking Lot New Impervious Surface Coverage (Including Bldg. Gross Floor Area : 0 sf Si natures: Please si n and Drint Mour name and date in the aDDrociriate Required Project Information (City Intake Staff., Associated Applications: box on the next a e. complete this section) Signs: Pre -Sub Case No.: Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ Technical Fee: $ Posta a Fee: $ TOTAL FEES: $ PROJECT NUMBER: Revised 1/7/14 Id 1 of 11 Dm cts.con Dm s/ acre the Owner Signatures This application form is used for both the required pre -submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre -Submittal Owner: The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Date: 08/03/2022 Signature Jean Pierre Veillet Submittal Owner: I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.176 pertaining to a complete application. Date: 08/03/2022 Signature Jean Pierre Veillet Print Revised 1/7/14 Ia 2 of 11 BLUE MCKENZIE MIXED USE Exhibit B: Ownership Information & Title Reports LrsBlue MCKeuIe Mixed Use ARCHITECTS 8.5.2022 1 PAGE 34 Property Owner: Blue McKenzie Apartments LLC 240 SE 2n° Ave. Portland, OR 97214 BENEFICIARY: Springfield Economic Development Aoenrw (SEDA) clo City of Springfield City Managers Office 225 Fifth Street Springfield, OR 97477 TRUSTEE: Kristina Kmaz City Attorneys Dice 225 Fifth Street Springfield. OR 974Tr RETURN AFTER RECORDING TO: Springfield EDeno.lopreentel (SEDA) City of Spr ni 225 Fifth Street Springfield. OR 97477 Lane County Clerk 2021-043007 Lane County Deeds & Records 06/29/202103 00 43 PM RPR -DTR Cnt=3 Stn=l CASHIER 05 7pages $3500$1000$1100$1000$2000$6100 $147.00 LINE OF CREDIT INSTRUMENT DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING Maximum principal amount to be advanced: $2,000.000; however, such maximum principal amount may be exceeded by principal advances made pursuant to ORS 86.155. Maturity Date: November �03, 2022, exclusive of options to renew or extend. If any. Notice to Recorder: THIS DOCUMENT CONSTITUTES A FIXTURE FILING IN ACCORDANCE WITH THE PROVISIONS OF ORS 79.0502 THAT SHALL HAVE AN EFFECTIVE PERIOD UNTIL THIS DEED OF TRUST IS RECONVEYED OR SATISFIED OF RECORD OR ITS EFFECTIVENESS OTHERWISE TERMINATES AS TO THE REAL PROPERTY. THIS LINE OF CREDIT INSTRUMENT DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust") is dated 6 A' , 2021, among Blue McKenzle Apartments LLC. an Oregon limited liability company, and whose address Is 240 BE 2ne Ave., Portland, R 97214 ("Grantor); Springfield Economic Development Agency (SEDAk whose address is do City of Springfield, City Manager's Office, 225 Fifth Street, Springfield, OR 97477 (referred W below sometimes as "Lender' and sometimes as "Beneficiary"): and Kristina Kill City of Springfield, City Attorney's office, 225 Fifth Street, Springfield, OR 97477 (refened to below as "Trostee"). Grantor Is the Owner in fee simple tige W certain real property including all improvements and easements and other real property fights belonging therein located in Lane County, State of Oregon, located east of 7th Sheret and north o1 A Street in Springfield (Map Number 17-0335-42, Tax Lot 2300), more Particularly described below. Grantor is the maker of a certain Promissory Note ('Note°) payable to the order of the Beneficiary evidencing the loan ('Loan') in the maximum principal amount of $2,000,000.00 and Payable as stated therein. The Note is made pursuant to a SEDA Downtown Acquisition and Pomevelopment Loan Contract between Grantor and Beneficiary fthe'Loan Contras') and is secured by, among other things, this Dead of Trust and that certain Assignment of Plans. Specfiwtions, Reports and Permits executed by Grantor in favor of Beneficiary (the "Assga-I The purpose of the loan is to provide funding for Grantor to acquire the Property described herein in the vicinity of T" Street and A Street in Springfield. Oregon, and to fund Grantors predevelopment expenses consistent with the Loan Contract. The Loan is secured by a lien on real property owned by Grantor and located in Lane County, Oregon, CONVEYANCE AND GRANT. For and In would ... tion of Beneficiary making loan to Grantor and other gone and value consideration, receipt in sufficiency of which are acknowledged, this Deed of Trust provides as follows: Grantor conveys to Trustee for the benefit of Lender as Beneficiary with the power of sale and fight of entry and possession, all of Grantors right. title, and interest in and W the following described real property, together with all existing or subsequently erected or affixed buildings, improvement and fixtures: an easements, rightsof-way. and appurtenances; all water, water rights, and ditch rights (including stock in utilities with ditch w irrigation rights); and all other rights, royalties, and profits relating to lie real property. Including without limitation all minerals, al, gas, geothermal and similar matters. (the "Real Property") located in Lane County, State of Oregon (Map Identification and Tax Lot No. 17-03-35-42402300): Commencing at a mint 105 ked West a the Southeast comer of Block 72 0 Ice SPRINGFIELD INVESTMENT AND POWER COMPANY'S ADDITION TO SPRINGFIELD, as platted antl recorded In Book M. Page 306, lane County Oregon Deed Ramis: thence running West 100 feed, thence North 110 feet thence East ingest thence South Im mis to Me mint a beginning, all In Lane County, Oregon. EXCEPTING THEREFROM'. Ma East t5 kat of the shove deathbed parcel. ALSO: the East one-half of the now whaled alley abutting Me above de wnbed prOPady on Me West. ALSO: that mron ofthe South one4alr 0the East-West elver, abu ong Is contigums*in the North boundary per Dressers #54011. The Note, this Dead of Trust, the Loan Contras and the Assignment evidence the obligations of Grantor to Beneficiary. This Deed of Trust is given to secure those obfigatlons and mncems the Real Property. A breach of any term of any of the above referenced notes. contracts, or trust deeds shall constitute a breach of all entitling Lender to all remedies cumulatively available in all instruments. Grantor presently assigns W Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and ful leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND G) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE AND THE RELATED DOCUMENTS, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided! In this Deed of Trust. Grantor shall pay to LerMer all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantors obligations under Me Note. this Deed of Trust, and Ute other Related Documents, OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until Me occumence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use. operate or manage the Property: and (3) mil the Rents from Ne Property. The (Glowing provisions relate to the use of the Property or to other EVERGREEN LAND TITLE 911 COUNTRY CLUB ROAD STE 320 Page 1 of 7 EUGENE.OR97401 V-L35CCAI DEED OF TRUST limitations on the Property. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS DOCUMENT TO BE IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance with Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantors ownership of the Properly, there has been no use, generation, manufacture, storage. treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under. about or from the Property: (2) Grantor has no knowledge of, or reason to believe that there has been, except as Previously disclosed to and acknowledged by Lender in wilting, (a) any breach or violation of any Environmental Laws, (b) any use. generation, manufacture, storage, treatment, disposer, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened lifigation or claims of any kind by any person relating to such matters; and (3) Except as previously discksed to and acknowledged by Lender in writing. (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use. generale. manufacture, store. treat, dispose of or release any Hazardous Substance on, under, about or from the property: and (b) any such activity shall be conducted in compliance with all applicable federal, stale, and local have, regulations and ordinances. including without limitation all Environmental Laws. Grantor authorizes Lender act its agents to enter upon Me Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be cordoned to create any responsibility or liability on the pad of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in Me event Grantor becomes liable for cleanup or other costs under any such laws: and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, Ilabilities, damagespenalties, and expenses which Lender may directly or indirectly sustain or sulfur resulting from a breach of this section of Me Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring during Grantors ownership or interest in the Property. whether or not the some was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of Me Indebtedness and Me satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Properly, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct, or permit any nuisance, nor commit permit, or suffer any stopping of or waste on or to the Property or any portion of the Property. Without limiting Me generality of the foregoing, Grantor will not remove, or grant to any other Parry to right to remove, any limber, minerals (including all and gas), coal, clay, scoria, soil, gravel or rock products without Lender'a prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Proper without Lender's prior written consent. As a condition M be removal of any Improvements. Leader may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times M attend to Lenders interests and to inspect the Real Proper for purposes of Grantor's compliance with the terms and conditions of this Dead of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effed, of all governmental authorities applicable to the use or occupancy of Me Proper. including without limitation, the Americans with Disabilities Ad. Grantor may contest in good fain any such law, ordinance, or regulation and withhold compliance during any proceeding. including appropriate appeals. so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sok opinion, Lender's interests in the Proper are not jeopardized. Lender may require Grantor to post adequate security or surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended Me Proper. Grantor shall do all other sitsin addition to those acts set forth above in this section, which from the character and use of the Proper are reasonably necessary to protect and preserve the Proper. DUE ON SALE — CONSENT BY LENDER. Lender may, a1 Lender's option, declare immediately clue and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of all or any pad of the Real Property, or any interest in the Real Properly. A'sale or transfer' means Me conveyance of Real Proper or any fight Wile or interest In Real Proper; whether Iega1, beneficial or equitable: whether voluntary or involuntary; whether by outright sale, dead installment sate conhact. land contract, comict for deed, leasehold interest, lease ption controls, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding tide to the Real Proper, or by any ether method of conveyance of an interest in Me Real Property. If any Grantor is a corporation, partnership or limited liability company (LLC). transfer also includes any change in ownership of more than twenty-five percent (25%) of Me voting stack, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, Mis option shall not be exercised by Lender if such exerdse is prohibited by federal taw or by Oregon law. TAXES AND LIENS. The following previsions relating to the taxes and liens on the Proper are part of this Deed of Trust: Payment. Grantor shall pay when clue (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or an account of the Property, and shall pay when clue all claims for work done on or for services rendered or material furnished to the Proper. Grantor shall maintain the Proper free of all liens having pimily over or equal to the interest of Leader under this Dead of Trust, except for the lien of taxes and assessments not clue and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax. assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lenders interest in the Proper is not jeopardized. If a lien arises or is filed as a result of nonpayment. Grantor shall within fifteen (15) days after the lien arses or, h a lien is filed, within fifteen (15) days after Grantor has notice of the filing, severs Me discharge of Me lien, or if requested by Landes, deposit with Lender cash or a sufficient corporate surety band or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any casts and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under Me lien. In any contest. Grantor shall defend itself and Lender shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under and surety bond furnished in the contest proceedings. Evidence of Payment Grantor shall provide to Lender, upon request, satisfactory evidence of payment of the taxes or assessments and shah authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Proper. PROPERTY DAMAGE INSURANCE. The fellowing provisions relating to insuring Me Proper are a Pad of this Deed of Trust Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for Me full insurable value covering all Improvements on the Real Proper in an amount sufficient he avoid application of any coinsurance douse, and with a standard mortgagee clause In favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional Insureds in such liability Insurance policies. Additionally, Grantor shall maintain such other Insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written In forth, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender. will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least fifteen (15) days prior written notice to Lender. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should Me Real Proper be located in an area designated by Me Director of Me Federal Emergency Management Agency as a special good hazard area. Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 65 clays ager notice is given by Lender Mat Me Property is located in a special flood hazard area, for Me full unpald principal balance of Me loan and any prior liens on the proper securing the loan, up to Me maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain ALL insurance for the term of the loan. Application of Proceeds. Grantor shall Promptly notify Lender of any loss or damage to Me Proper, Lender may make proof of loss If Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired Lender may, at Lenders election, receive and Page 2 of 7 DEED OF TRUST restoration and repair of the Property. If Lender elects to appy Me proceeds to restoration and repair, Grantor shall repair or replace Me damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust Any proceeds which have not been disbursed within 180 days after Meir receipt and which Lender has not committed to the repair of restoration of the Property shall be used fired to pay any amount owing to Lender under this Deed of Trust. then to pay accrued interest, and the remainder. if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year. Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the than current replacement value of such property, and the manner of determining that value; and (5) Me expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or lf Grantor fails to comply with any Provision of Inds Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantors behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, (lens, security interests, encumbrances and other claims. at any time levied or placed on the Property and paying all cosh for Insuring, maintaining and preserving the Property. All such expenditures incurred or pi by Lender for such Purposes will than bear interest at the rale charged under the Note from Me date incurred or paid by Lender to the doh of repayment by Grantor, All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand (B) be added to the balance of the Note and be apportioned among and be payable with any installment Payments to become due during either (1) the term of any applicable insurance policy; or (2) Me remaining tern of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and mmedles to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following previsions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that. (a) Grantor holds good and marketable title of recent to Me Property in fee simple, free and clear of all liens and encumbrances other than Mose set forth in the Real Property description or in any lige insurance policy tftle report, or final Nile opinion issued in favor of, and accepted by, Lender in cennection with this Deed of Trust and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lentler. Defense of Title. Subject to the exception in the paragraph above. Grantor warrants and will forever defend the No to Me Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantors ttlle or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding. but Lender shall be entitled to participate in the proceeding and to be represented in Me proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws. ordinances. and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Dead of Trost shall be continuing In nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation Proceedings are a part of Mie Dead M Trust Proceedings. if any proceeding in condemnation is filed, Grantor shag promptly mitiy Lender in wri8ng, and Grantor shall promptly lake such steps as may be necessary to defend the action and obtain the awartl. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in Me proceeding by counsel Mils own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to fime h permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain Proceedings or by any proceeding or purchase in lieu of condemnation. Lender may at its election require that all or any portion of the net proceeds of Me award be applied to Me Indebtedness or Me repair or restoration M the Property. The net proceeds of the award shall mean the award after Payment of all reasonable seats, expenses, and attorney's fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES, AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees, and charges are apart of Mis Deed of Trust: Current Taxes, Fees, and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Deed of Trust and take whatever ocher action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall netmbume Lender for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing Mis Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust, Taxes. The following shall constitute taxes to which this section applies: (1) a specific lax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by Mis Deed M Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments en he Indebtedness secured by this type of Deed of Trust; (3) a tax on this type M Deed of Trust chargeable against the Lender or the holder M the Note; and (4) a specific tax on all or any portion of the Indebtedness or an payments of principal and interest made by Grantor. Subsequent Taxes. If any lax to which this section applies is enacted subsequent to Me date of Mrs Deed of Trust, this event shall have the some effect as an Event of Default. and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) continue Me tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient mrporele surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of Me Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall lake whatever action is requested by Lender b per l and continua Lender's security interest in Me Rents and Personal Property. In addition to recording this Deed M Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this severity interest. Upon default, Grantor shall not remove, sever or detach Me Personal Property from Me Property. Upon default. Grantor shall assemble any Personal Property not affixed to Me Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand horn Lender to the extent permiffed by applicable law. Addresses. The malting addresses of Grantor (debtor) and Lender (secured parry) from which information cenceming Me security interest granted by Mis Deed of Trost may be obtained (each as required by Me Uniform Commercial Code) are as stated on the first page of this Deed M Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following previsions relating to further assurances arch attorney-in-fact are aped of Mis Deed of Trust: Page 3 of 7 DEED OF TRUST Further Assurances. At any time, and from time to time, upon request of Lender. Grantor will make, execute and tleliver, or will cause to be made. executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or reremic ed, as the case may be, at such times and M such offices and places as Lender may deem appropriate. any and all such mortgages. deeds of trust, security deeds, security agreements. financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantors obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantors expense. For such purposes, Grantor hereby inevocably appoints Lender as Grantor's aftorney-in-fad for the purpose of making, executing, delivering, filing, recoding, and doing all other things as may be necessary or desirable. in Lenders ads opinion. to accomplish Me modem referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due. and otherwise performs all the obligamns Imposed upon Grantor under lets Dead of Trust, Lender shall execute Sold deliver to Trustee a request for full removeyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lenders security Interest in the Rents and the Personal Property. All reconveyance fees shall be paid to Lender by Grantor. EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under his Dead of Trust Payment Default Grantor falls to make any payment when due under Me Indebtedness Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant, or condition contained in this Deed of Trust or in any of the Related Documents, or to comply with or to perform any term, obligation, covenant, or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or mntlilion contained in this Decd of Trust, the Note, or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by Mit, Dead of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan. extension of credit seaunty agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or Person that may materially affect any of Grantors property or Grantors ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of Me Related Documents. False Statements. Any warranty. representation, or statement made or furnished to Lender by Grantor or on Grantors behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at Me time made or furnished or becomes false or misleading at any time thereafter. Detective Collateralisation. This Deed of Trust or any of the Related Documents ceases to he in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantors existence as a going business, the insolvency of Grantor, the appointment of a receiver for any pan of Grantors comedy, any assignment for the benefit of creditors, any type of crMaor workout or Me commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing Me Indebtedness. This includes a garnishment of any of Grantor's amounts. mcWding deposit amounts, with Lender. However. this Event of Default shall not apply if Mere is a good faith dispute by Grantor as to Me validity or reasonableness of the claim which is Me basis of Me creditor or forfeiture pmce s ing and it Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender. in Its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement Any breach by Grantor under Me terms of any other agreement between Grantor and Lender Mat is not remedied within any grace pe iotl provided therein, including without limitation any agreement conceming any indebtedness or other obligation of Grantor to Lender, whether existing now, or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor. entlorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation Party dies or becomes incompetent. or revokes or disputes the validity of, or liability untler, any Guaranty of the Indebtedness. In the event of a dead, Lender, at Its option, may, but shall not be required to. permit the guarantors estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and. in doing so. cure any Event of Default. Adverse Change. A material change occurs in Grantor s financial condition, or LaMar believes the prospect of payment or performance of Me Indebtedness is impaired. Insecurity. Lender in good faits believes itself insecure Right to Cure. If any default, other Man a default in payment is arable and 9 Grantor has not been given a notice of a breach of the same provision of this Dead of Trust within the preceding twelve (12) months, it may be erred if Grantor, after receiving written notice from Lender demanding are of such default: (1) cures the default widin fifteen (15) days or (2) if Me are requires more Man Mean (15) days, immedifi ety initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary stops sufficient to produce compliance as soon as reasonably practical, provided that the total cure period shall not exceed sixty (60) days from the default.. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter. Trustee or Lender may exercise any one or more of Me following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust. after Grantor's failure to perform, shall not affect Lenders right to declare a default and exercise its remedies. Foreclosure. With respect b all or any part of the Real Properly, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial formosure. In either case in accordance with and to the full extent provided by applicable law. If this Deed of Trust is foreclosed by judicial foreclosure, Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may Issue for the amount of Me unpaid balance of the judgment. UCC Remedies. With respect to all or any part of Me Personal Property. Lender shag have all Me rights and remedies of a secured party under the Uniform Commercial Code, Collect Rents. Lender shall have the right, without notice to Grantor to Oka possession of and manage the Properly and collect the Rents, including amounts past due and unpaid, ant apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this night. Lender may require any tenant or other new of Me Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, than Page 4 0l DEED OF TRUST Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lenders demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for Me demand exalted. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver, Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above Me cost of Me receivership, against Me Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not Me apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy in Suflerenca. If Grantor remains in possession of Me Property after the Property is sold as provided above or Lender otherwise becomes enli led to possession of the Property upon default of Grantor. Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lenders option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Dead of Trust or the Note or by law. Notice of Sale. Lender shall give Grantor- reasonable notice of the time and place of any public sale of Me Personal Property Or of the time after which any private sale or other intended disposition of Me Personal Property is to be made. Reasonable notice shall mean notice given at least fifteen (15) days before the time of the sale or disposition. Any sale of Me Personal Property may be made in conjunction with any sale of Me Real Property. Sale of the Property. To Me extent permitted by applicable law. Grantor hereby waives any and all rights to have the Property marshalled. In exercising its fights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entiSed In bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. N Lender institutes any suit or action to enforce any of the terms of this Deed of Trust or any of the other Related Documents, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneysfees at trial and upon any appcei. Whether or not any mud action is involved. and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for Me protection of its interest or Me enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rale from the date of the expenditure until repaid. Expenses covered by Mis paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports Including foreclosure reports), surveyors' reports, and appraisal fees, tide Insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any mud costs, in addition to all other sums provided bylaw. Rights of Trustee. Trustee shall have all of Me rights and duties of Lender asset forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Dead of Trust Powers of Trustee. In addition On all powers of Trustee arising as a matter of law. Trustee shall have the power to take Me following actions with respect to the Property upon Me written request of Lender and Grantor: (a) join in preparing and filing a map or plat of Me Real Property, including the dedication of streets or other rights b the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join In any other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obliga fors to Notify. Trustee shall not be obligated In nobly any other party of a pending sale under any other Inst deed or lien, or of any action or proceeding in which Grantor. Lender. or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forts above, with respect to of m any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foradosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender a option, may from time to time appoint a Successor Trustee b any Trustee appointed under he Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the Office of the Recorder, County of Lane. Slate of Oregon. The instrument shall contain, In addition to all other matters required by State law, the names of the original Lender. Trustee, and Grantor. the book and page where this Deed of Trust is recorded, and the name and address of the Successor Trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The Successor Trustee. without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any nofice required fo be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually defivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally reoogNzed overnight courier, or. g mailed when deposited in the United States mail, as first class, cerfifad, or registered mail, postage prepaid, directed to the addresses shown near Me beginning of this Deed of Trust. All copies of petites of foreclosure from the holder of any lien which has priori y over this Deed of Trust shall be send to Lenders address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to Me other parties, specifying Mal the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all foes of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ASSOCIATED FEES. GRANTOR IS REQUIRED TO PAY LENDER FOR ALL FEES ASSOCIATED WITH OBTAINING A SEDA DOWNTOWN MATCHING LOAN FROM THE LOAN PROCEEDS, WHICH INCLUDES CREDIT REPORTS, TITLE SEARCH, TITLE INSURANCE, RECORDING COSTS, AND RECONVEYANCE COSTS. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Deed of Twat Amendments. This Dead of Trust, together with any Related Oomments, consthules the entire understanding and agreement of the parties as to the matters at forth in this Dead of Trust. No alteration of or amendment W this Deed of Tmat shall be effective unless given in willing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. g the Properly is used for purposes other than Grantors residence, Grantor shall furnish to Lentler, upon request, a certifed statement of net operating Income received from the Property during Grantors previous fiscal year in such hemi and derail as Lender shall require. 'Net operating income" shall mean all cash doelpts from the Property less all cash expenditures made in connection with the operation of Me Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to intemret or define the provisions of Mis Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other interest or estate in the Propend at any floe held by or for Me benefit of Lender In any capacity, without the written consent of Lender. Governing Law. This Dead of Trust will be governed by, construed, and enforced in accordance with federal law and Me laws of Me Slate of Oregon. This Deetl of Trust has been accepted by Lender in Me State of Oregon. Page 5 of 7 DEED OF TRUST Choice of Venue. If there is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Lane County, State of Oregon. No Waiver by Lender. Lender shall rot be deemed to have waived any rights under this Deed of Trust unless such waiver Is given in writing and signed by Lender No delay or omission on the pad of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantors obligations as to any future transactions. Whenever the consent of Lender is required under this Dead of Trust Me Soaring of such consent by Lender in any instance shall not con rdbirm continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld in the sole discretion of Leader. Severabillty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible. the offending provision shall be considered modified so Mat It becomes legal, valid. and enforceable. If the offending Provision cannot be so modified, H shall be considered deleted from this Dead of Trust. Unless otherwise required by law, Me illegality, invalidity, or unenforceability of any provision of this Dead of Trust shall not affect the legality. validity. or enforceability of any other provision of this Dead of Trust. Successors and Assigns. Subject to any Iimashons stated in this Deed of Trust on transfer of Grantors interest, this Deed of Trust shall be binding upon and inure to Me benefit of the paries, their successors and assigns. If ownership of the Property becomes vested in a person other then Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time ts of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All partes to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other Party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by Nis Dead of Trust. Commercial Deed of Trust. Grantor agrees with Lender that this Deed of Trust is a rummer ial dead of trust and that Grantor will not change the use of the Property without Lender's prior wri8en consent. STATUTE OF FRAUDS. UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY LENDER CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY LENDER TO BE ENFORCEABLE. FORCED PLACE INSURANCE NOTICE. WARNING: UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR CONTRACT OR LOAN AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPERTY COVERAGE ELSEWHERE. YOU ARE RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR CONTRACT OR LOAN BALANCE. IF THIS COST 15 ADDED TO YOUR CONTRACT OR LOAN BALANCE, THE INTEREST RATE PAYABLE UNDER THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT, THE EFFECTIVE DATE OF THE COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE. THE COVERAGE WE PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT SATISFY ANY NEED FOR PROPERTY DAMAGE COVERAGE OR ANY MANDATORY LIABILITY INSURANCE REQUIREMENTS IMPOSED BY APPLICABLE LAW. (EACH REFERENCE TO "YOU" AND "YOUR" WILL REFER TO GRANTOR AND EACH REFERENCE TO "US" AND 'WE' WALL REFER TO BENEFICIARY.) STATUTORY NOTICE. BEFORE SIGNING OR ACCEPTING THIS SECURITY INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS. IF ANY, UNDER ORB 195.300. 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO T, CHAPTER 8, OREGON LAWS 2010. THIS SECURITY INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS SECURITY INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS SECURITY INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORB 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PROACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPRTY OWNERS, IF ANY, UNDER ORS 195.300,195.3111 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2TO9 AND 17, CHAPTER 855. OREGON LAWS 2009, AND SECTIONS 2 TO 7, CAHPTER e, OREGON LAWS 2010. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically staled to the wneary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The ward "Beneficiary' means the Springfield Economic Development Agency (SEDA), and its successors and assigns. Deed of Trust. The words 'Deed of Trust" mean this Deed of Trust among Grantor, Lander, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The ward "Dehduir means the Default set forth in this Deed of Trust in the section titled "Default." Environmental Laws. The words'Environmental Laws' mean any and ail slate, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sedion 9601, at seq. ('CERCLA'), Me Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99- 499 ("SARA"), the Hazardous Materials Transportation ACL 49 U.S.C, Section 1801. of seq.. the Resource Conservation and Recovery Ad, 42 I.S.C. Section 6901, at seq.. or other applicable state or federal laws, rules, or regulations adopted pursuant thereto or intended to protect human health or the environment. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of Trust in Me Events of Default section of this Dead of Trust. Grantor. The w se'Granlor means Blue McKenzie Apm9nents LLC and includes all co-signere and co -makers signing the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration, or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated. stored. disposed of, generated, manufactured, transported, or otherwise handled. The worts "Hazardous Substances" are used in their very broadest sense and include wilhoul limitation any and all hazardous or toxic substances, materials. or waste as defined by or listed under Me Environmental Lewis. The term 'Hazardous Substances' also includes, without limitation, petroleum, including crude oil, and any fraction thereof, and asbestos. Page 6 of 7 DEED OF TRUST Inds—metes To. wo'a Tmp_ ratsb —Una -1 hand, , e e ls bode,,, a :resir . obne n � In lura on g Roel fi l Peselly a IT Is aod:oo- roademen',. and other mndoonon on the Reel R:oo-dco r, hetan.1nas5. ,b,l Inaebleaneis' n a all PrdF I 11t,11T oM ado, amaeab cand eI',.xoh,bab peugbla .hoar Nlot, o,1,, -too un de", ."In",,mapl mam or old of id_Go, or odroodre_ .. f IT,"Aalh(. ta'n To doe lo"Lo any a, —Int T darned at Id—Ted 1, teller Ir doChass, orenmr o duh apersa 1 to T,mlee or LendLende, d er d x G,aadrd olg.lmro her, or, .ed Jlm "gel_"P m.budo,o t amr,"',aspoled-nlMg Dee, rl"It, Land,, Tb_' I' ender arosons Sao'IIIE -tom O p 1-1AL-npy IIIU2 I, blenl o_s - Nom. l ne woo Namlbon, ng o -on one I t,,1 as .111, arta 1-1 m mpr Par IT, onghel pdpar aTu,nl o, do III a, an Lnm m Grt+nm, andvIgg el f. ns or.e ar. _rts IT reMa n - onto l -1,n,n r _na., too o"t—oe,L mo mal�,mv Ind, d, Tse late Personal Proprtly. TM1g wnTo P1,01ol P'ooerty m dII f4rlvment figama. a onm , edmlea dl pe ppe.ly Trow a lone 11a, ownod by GInl ,band., d_I.tl or bolted fid The R ....... Isgab IN on u --p d TiIdrtsl cNa_nanla on end au `,ITlon o ,,yofarch ,Ig andlnpel and an ....p N .Manan .poraedFmf Moro m..Tsllmm e 11 It not daposida, CI Ica PmpeN- P,oParby- The wmd Boom,theme "Neon," Ibo Real ITopb.. and tM b—'al rnn"s,. Real ProPeNY TtiwoNa "Real Pronem' mel, In, real pmpeny mark aro rghta_ 9, Tina dr a=rbed IT This oeeJ of T,,Ft RelaMd Documents. The words 'related OOcuma-H mann an pmMssAy rotes oset agreemaele loan roll -1s It d,rao ss. or -b— I --da, and I, g nI cols mrnor, d. N 1-15collaler l e bee lb,dt e. a s .rad a el,a m man rA nor an... I mmnern... r . �.m;�. .d o�.,ne=,g� .net deme. e;.e Renis_I-e rl Remo metes all wesent and hlnnemntshe-nw_amwme i6.ae.„.lovalllbz.Irrod, baa uht, ber.VI, dewed lmm pR PmPoM. Trdd—F._ 1Ton— me aK K'n C', , D npfieli. LIT, A e, 60Hce. abb 111 1 Gpbng1111 CR a. a']anr- ... unssItWN ots,¢_sar —Ifed, GRANTOR AGKNOWLEOGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS AND CONDITIONS. GRANTOR: GLUE MCKENZAE APARTMENTS LLG. an Oregon handed! Cablllly company on JYS n-Pierte Velllel Neo Membec of Nor, tLwea[ SustinaM1la Properties as 9anagex oC Rlue Yt[eDzie Apar caen[s, ILC CORPORATE ACKNOWLEDGEMENT STATE OF OREGON I LOVNIV OF I ANE J U 1.1 PL_ *11 L T111alf— rack-mrlpdpedF ns a , 1 .iV Ida, do av erzeApeT.c TEED. Pe norno, +: a.._mmea ups ,bedblFcns _ao]aR. owladged '111.I FL Gr MIhC 53me alomber of ND: Lhwee[ Sustainable Px I rcLes, LI ' 11” Pen OFFICIALSTAMP l DANIEL DAVID NALLBENG NOTARY PUB REGOw, N 1 ry P by q 0 rep COMMISRIGNNO_B981 B5 REQUEST FOR FULL RECONVEYANCE ,To be.a rad o my when uNgsliMa blur hero pmdm WI a 1, 11.4rda I,r nTal CPy Allomey_ Tnislee Tve underact, 11 IT. egM ownar and holder or on drt A.. ved1,' 1 oe I'd' IT uad by 11e Ga.cveh—lin, rald.1P f .You are harado aneetrad_.... plum II yan ITocysm a M1. sof J,bDed IT Trxl 0 P.a.ant to any draTto re I f; I, Nrte s loured by I"'D 1 ITurlS " I 1l v,111x' I TT.Deedd,- p, tl. rtanN, P nal slg d b, m'a:ma e .f l 0-1 of Taal II tale ,..w held by }e ImO .radar o ^rd T IP e— e —sorla,arl Raweeo—Imgmg 11 GmnimlRorzowa, Gen. aoneM1clarvaenn.c By. ..'a r o' . re' 8753580 CORDINANCE N0. 5408 (SPECIAL) itAH ORDINANCE VACATING AY ALLEY IND Re58RVING A PUBLIC UTILITY BASEMENT IF TEE... CITY OF SPRINGFIELD, LANE COUNTY, OREGON. 4 WHEREAS, the Springfield City Council previously declared it Intention to vacate an alleyin the City of Springfield as described below; and such uch va cation is in the best interest of the City in carrying out its plans and programs forthe general development of the City; and WHEREAS, lauful notice of the proposed vacation was published and posted; and WHEREAS, the Springfield City Council met In Council Chambers, at Fifth and A Streets, on Monday, the 5th day of October, 1907, at the hour of 1:50 p.m., to hear say, objections tun the proposed vacation and 0 persons appeared to object; WHEREAS, the City desires to retain ownership of and provide aaa..D to utilities located within the vacation; 3992AZDI 1241/87 REC S 10.00 NOV, THEREFORE, THE CITY COUNCIL DOES ORDAIN: s+ODDS++ Section 1: The Council finds that the application was accepted by as City and legalno�the hearing was lawfully published and posted, that 0 objections were made to the alley vacation at the hearing held: the public interest will not be / impaired by the alley vacation; and that the alley vacation will be to the beat Interests of the public and increase the benefit of the property involved. Section 2: The Eolloufng described Public Utility Easement In the City of Sprin—%id �s declared to be vacated: - Thea .mining Partin. of a 16 foot east-west alley located in Block 72 ofthe Springfield Investment and Power Co. Addition, platted and recorded in Bock 25, Page 307, Lane County Oregon Plat Records. section It The findings of fact in the attached staff report are hereby made Dart o.1 t . ordinance. Section 4: Nothing herein curtained shall muse or require the removal of, os the abandonment of any sever, water main, gas min, conduit of any kind, vire, pole or thing wad oy intended to be .sed E., any public service. The right is hereby reserved for theowner of any such utility or thing to niintain, continue, repairq roeonstrucq arms replace, rebuild, and eOarge any, and all such things .N Section 5: The City hereby rese r mves as easement to 1Ote, continue,pal[ m nstruct, replace,rebuild And anlarm any utilities Raw located on thf g - property vacat d am which may bpee�n�ecessary to nmas such property. Sectio 6 The,G ty .Uaco4der I., directed (o file certified copl of this m`.., ardance e1 4Sp1tt1,% jR�Q�k��tO ,lane county Assessor, Rod Lane County B ry r n y. CERI7FlEBTWk {PPV S nc r A, e w oras5nfe P9. 2 IsMj:isso CA10PTEo by the Common Council of the City Of Springfield this 19 day of Octnber 1987. by a vote of b for and 0 against. APPROVED by the Mayor of the City o p nal him 19 day of October 1981. ` PTT T} n - ty ty Ascot et Yf ------------------4 y S' S �So j 911 { 0 t7 V V REVIEWED 6 APPROVED r t E °�11' Z""", k"..� A6 TO FORM t� DATE: OFFICE OF CITY ATTORNEY A CITY OF SPRINGFIELD rt < x BLUE MCKENZIE MIXED USE Exhibit C: Geotechnical Report See separate pdf - 08.02.2022-BMCo_ Geotechnical Report LrsBlue MCKemIle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 35 BLUE MCKENZIE MIXED USE Exhibit D: Preliminary Stormwater Report LrsBlue MCKeuIle Mlzed Use ARCHITECTS 8.5.2022 1 PAGE 36 DEVELOPMENT AND PUBLIC WORKS SPRINGFIELD 225 FIFTH STREET OREGON SPRINGFIELD, OR 97477 PHONE: 541.726.375?53 FAX. 541.726.1021 mmspringfieldorgov STORMWATER MANAGEMENT SYSTEM SCOPE OF WORK --- ------------- ------- (Area below this Unejdkdout byApplkano --------------- --- (Please return to Clayton AkRahern @ City of5prutg)ield Development and Public Works, Far # 736-1021, Phone # 736-1036), enmd:cnwemhern@sprbtp?eld-or.gov Project Name: Blue McKenzie Apartments, LLC Applicant: Matt Keenan Assessors Parcel #: 170335422300 Date: 10/22/2021 Land Use(s): Mixed Use Commercial Phone#: 541-735-9251 Project Size (Acres): 0.270 Fax #: /Area below this line filhd ord by the City motRehuned k the Aaaticadl Approx. Impervious Area: 0.270 Email: Matt.keenan@kpffcom Project Description (Include a copy of Assessor's map): The site is currently a parking lot with asphalt paving. The site is completely paved. The south half of the property sheet flows south to A Street. The north half of the property sheet flows north at the alley, where runoff is collected in a catch basin at the west end of the alley. The proposed conditions will consist of a mixed-use residential and commercial building. Drainage Proposal (Public connection(s), discharge location(s), etc. Attach additional sheet(s) if necessary: A new stone drainage connection will be made to the existing public 10" line in 7h Ave. A manhole will be installed at the connection to the public main. A private S" service lateral will be installed from the public main in the street, east in the alley to the project site. Runoff within the project site will be collected in roof drains and area drains and conveyed to the new S" storm line in the alley Proposed Stormwater Best Management Practices: The site is fully paved now. There is limited site area to install planters or vegetated facilities. For this reach, area drains will be trapped with sump to settle solids and oils. /Area below this line filhd ord by the City motRehuned k the Aaaticadl (At a ntinimms%5 all boxes checked by the City on the front and backofddv sheet shall be submitted or an application to be conWietefor mi n itial, although other requirentents tuay be necess Drainage Study Type (EDSPM Section 4.03.2): (Note. UH may be substituted for Rational Method) ❑ Small Site Study—(use Rational Medvod for calculations) ❑ Mid -Level Development Study — (use unit Hydrograph Method for calculations) ❑ Full Drainage Development Study — (use Unit Hydrograph Method for calculations) Environmental Considerations: ❑ Wellhead Zone: ❑ Hillside Development: ❑ Wedand/Riparian: ❑ Floodway/Floodplain: ❑ Soil Type: ❑ Other Jurisdictions Downstream Analysis: ❑ N/A ❑ Flow line for starting water surface elevation: ❑ Design HGL to use for starting water surface elevation: Return to Clayton McEachem @ City of Springfield, email: cmceachem@spnrgfreld-w,gov, FAX.., (541) 736-1021 ❑ Manhole/Junction to take analysis to: COMPLETE STUDY ITEMS For Omds1 Ose Ody: r Bared upon the infornmtionprovided on the front ofthir sleet, the fallowing represents a nummmnt of what it neededfor an application to be complete for sub niftal with respect to droimge; hnnever, this list should not be used in lieu ofthe Springfield Development Cock (SDC) or the City's Engineering Design dbmtal. Contphace with these requireneNs does not constitute site approval; Additional site specific information ntay be required Note: Upon scoping sheet submittal, ensure completed form hos been signed in the space provided below: Interim De sign Standards/Water Quality (EDSPM Chapter 3 Req'd N/A ❑ ❑ All non -building rooftop (NBR) impervious surfaces shall be pre-treated (e.g. multi-chambered catchbasin w/oil filtration media) for stomuwater quality. Additionally, a minimum of 50"/0 of the NBR impervious surface shall be treated by vegetated methods. ❑ ❑ Where required, vegetative stommater design shall be consistent with design standards (EDSPM Section 3.02), set forth in Chapter 2 of the Eugene Stommater Management Manual. ❑ ❑ For new NBR impervious area less than 15,000 square feet, a simplified design approach may be followed as specked by the Eugene Stommater Management Manual (Sec2.4.1). ❑ ❑ If a stomuwater treatment Swale is proposed, submit calculations/specifications for sizing, velocity, flow, side slopes, bottom slope, and seed mix consistent with City of Springfield or Eugene's Stommater Management Manual. ❑ Water Quality calculations as required in Section 3.03.1 of the EDSPM. ❑ ❑ All building rooftop mounted equipment, or other fluid containing equipment located outside of the building, shall ❑ ❑ Drainage study prepared by a Professional Civil Engineer licensed in the state of Oregon. ❑ ❑ A complete drainage study, as required in EDSPM Section 4.03.1, including a hydrological study map. ❑ ❑ Calculations showing system capacity for a 2 -year storm event and overflow effects of a 25 -year storm event. ❑ ❑ The time of concentration (Tc) shall be determined using a 10 minute start time for developed basins. Review of Downstream System EDSPM Section 4.03.4.0 ❑ ❑ A downstream drainage analysis as described in EDSPM Section 4.03A.C. On-site drainage shall be governed by the ❑ Manning's "n" values for pipes shall be consistent with Table 4-1 of the EDSP. All storm pipes shall be designed to Oregon Plumbing Specialty Code (OPSC). ❑ ❑ Elevations of the HGL and flow lines for both city and private systems where applicable. ❑ ❑ Design of Storm Systems (EDSPM Section 4.04). [j ❑ Flow lines, slopes, rim elevations, pipe type and sizes clearly indicated on the plan set. ❑ ❑ Minimum pipe cover shall be 18 inches for reinforced pipe and 36 inches for plain concrete and plastic pipe materials, or proper engineering calculations shall be provided when less. The cover shall be sufficient to support an 80,000 lb load without failure of the pipe structure. ❑ ❑ Manning's "n" values for pipes shall be consistent with Table 4-1 of the EDSP. All storm pipes shall be designed to Existing and proposed contours, located at one foot interval. Include spot elevations and site grades showing how site drains. E] ❑ Private stomhwater easements shall be clearly depicted on plans when private stomhwater flows from one property to another. ❑ Drywells shall not receive runoff from any surface w/o being treated by one or more BMPs, with the exception of residential building roofs (EDSP Section 3.03.4.A). Additional provisions apply to this as required by the DEQ. Refer to thewebsite: hum//www.dea.state.or.us/Wn/uic/uic.hbn for more information. ❑ Detention ponds shall be designed to limit runoff as pre -development rates for the 2 through 25 -year storm events. *Thisform shall be bacluded as as, altachmen4 inside the frontco,er, of the stormwaser shiny. *IMPORTANT ENG/NEER PLEASEREAD BELOWAND SIGN' As the engineer of record, I hereby certify the above required items are complete and included with the submitted stonnwater study and plan set. Signature Date Form Version 5: June 2015 BLUE MCKENZIE MIXED USE Exhibit E: Traffic Impact Analysis Memo LrsBlue MCKeuIle Mixed Use ARCHITECTS 8.5.20221 PAGE 37 I<KITTELSON 851 SW 6th Avenue, Suit. 6N &ASSOCIATES P August 3, 2022 Project #: 26933.0 Michael Llebler, PE City of Springfield, Public Works 225 Fifth Street Springfield, OR 97477 RE: Blue McKenzie Apartments Trip Generation Lefler Dear Michael: Northwest Sustainable Properties Is planning develop the 0.27 -acre properly on the north side of A Street In Springfield. The development plan includes B4 apartment units and approximately 3,B44 square -feet (sq fl) of ground floor retail. Access to the development will be provided by Iwo existing driveways; one on the north side of A Street and one of the east side of 7m Street Construction Is expected to begin In 2022 with full build -out and occupancy in 2023. This letter provides trip generation estimates for the proposed development. As documented herein, the proposed development is expected to generate fewer than 1,000 daily trips and fewer than 100 peak hour trips during either the weekday AM or PM peak hours. Therefore, a formal traffic Impact analysis Is not required per section 4.2-105 of the Springfield Development Code. Trip Generation A trip generation estimate was prepared for the proposed development based on Information provided In the standard reference, Trip Generation Manual, I h^ Edi}ion, published by the Institute of Transportation Engineers (ITE). ITE land use code 221 (Multifamily Housing (Mid -rise)) was used as a basis for the apartment units and ITE land use code 822 (Strip Retail Plaza (<40K)) was used as a basis for the ground floor retail. Trip rates for the peak hour of the generatorwere used to provide a worst-case analysis'. Table I summarizes the trip generation estimates for the daily, weekday AM and weekday PM peak hours. Table 1: Trip Generation Eslimates Mulifidutlly Housing(Mid-Rise)221 Sttl p Retai l Plaza(<40K) 820 84 units 392 31 7 3,844 sq R 210 29 14 iotalitlps 592 60 21 24 33 20 13 15 51 27 24 39 84 47 37 Note that we conservatively applied no internalization or pass -by trip reductions to the trip estimates In Table 1. Given the proposed development Is expected to generate fewer than 1,000 net new daily trips 1 Trip rates for the peak hour of the generator were used for all estimates except the AM peak hour of the multifamily housing where the trip rate for the peak hour of the adjacent street yielded a higher estimate. Kittelsan 6 Associates, Inc. Praject #:26939.0 Blue Mcl(n a Apartments Trip Generalian letter and ICO net new frlps during either the weekday AM or PM peak hours, a Formal traffic impact analysis Is not required per section 4.2-105(Bp of the Springfield Development Code. We frust this letter provides sufficient Information about the trip generation potential of the proposed development. Please contact us with any additional questions or comments. Sincerely, KITTE/ISON &ASSOCIATES, INC. A/ .//t t Matt Bell Associate Planner 503.535.7435 mbellGklffelson.com 2 Source: hffps://librarv.acode.us/Iib/sprinafield or/pub/development code/item/chapter 4 - section 4 2 I0O-4 2 105 Kittelsan & Associates, 1. Page:2 of 2 BLUE MCKENZIE MIXED USE Exhibit F: Commercial Area Percentage Calculations Diagram LrsBlue MCKemIle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 38 COMMERCIAL AREA PERCENTAGE CALCULATIONS DIAGRAM Lrs2210021 Blue McKenzie Co. I Site Plan Review ARCHiTEcTs 740 A Street I Springfield, OR 97477 LEVEL 1 FOOTPRINT PLAN W/ OUTDOOR COVERED AREAS 9269 sf Note: This is only 80% of the site because the construction type and building code setbacks and easements. 0 utility spaces -1,779 sf - 19% 10% 178 sf Ocommercial area - 5,053 sf - 54% 100% 5,053 sf 0 bike storage - 621 sf - 7% 50% 311 sf Ocirculation - 1,816 sf - 20% 50% 908 sf TOTAL IDEAS- 70% DEAS- 70% 6,450 sf - REQUEST A 20% REDUCTION BECAUSE OF SITE UTILIZATION INEFFICIENCY O 2022.08.02 NORTHWEST NOT FOR CONSTRUCTION SUSTAINABLE PROPERTIES BLUE MCKENZIE MIXED USE Exhibit G: Architectural Site Plan — 11x17 LrsBlue MCKemIle Mixed Use ARCHITECTS 8.5.2022 1 PAGE 39 ARCHITECTURAL SITE PLAN A001 11 J \ z \ EXGARAGE a w a 9 Ili 9 8 1 e o�1 a Lrs2210021 Blue McKenzie Co. I Site Plan Review ARCHITECTS 740 A Street I Springfield, OR 97477 GENERAL NOTES TAXLOT1506 A— ,"xea�a•+oaxa:saa� MUC.rr�..EmoxPoa. PC- -- KEYNOTES � xewsxe.�e �i vanwco�uurtaocwev Di ® ----------- --- F' ©� n xwartvu rwrwm�wHcx" �..a �' -- s ;5 Ocs�oEw 11=®xvac M«m r Omumew.rcnrweauv rtwaawaxrw. —$ ..� Q n[rmueo,�w�� ® cuvsmvwmuA'auez.[rswear[<nn OWa �INWFOPMn O _ 2022.0x.02 NORTHWEST NOT FOR CONSTRUCTION j SUSTAINABLE PROPERTIES M,o �a — ® -IFF --E F* �n,wrw,r� ----- w W m m SBF �n — rro. F Trema - i awr — maeaI = — T G S n.n (7 room IF ua -- ca APARTMEN IV MIXED USE SPRINGFIELD MOTORS TAX LOT 2300 US POST TAXLOT2200 pry l'1 ® M ® m ® OFFICE s MUC a F ca ca Trr TFr.w„ �_ re L to W-- 9 Ili 9 8 1 e o�1 a Lrs2210021 Blue McKenzie Co. I Site Plan Review ARCHITECTS 740 A Street I Springfield, OR 97477 GENERAL NOTES TAXLOT1506 A— ,"xea�a•+oaxa:saa� MUC.rr�..EmoxPoa. PC- -- KEYNOTES � xewsxe.�e �i vanwco�uurtaocwev Di ewnxocuexerzcumxoourax F' ©� n xwartvu rwrwm�wHcx" �' scMOco ix�i.u°��uwca Ocs�oEw 11=®xvac M«m r Omumew.rcnrweauv rtwaawaxrw. Q Q n[rmueo,�w�� ® cuvsmvwmuA'auez.[rswear[<nn OWa �INWFOPMn O 2022.0x.02 NORTHWEST NOT FOR CONSTRUCTION SUSTAINABLE PROPERTIES M,o ® rwnrr�w�o,�r�a. ® -IFF --E o �n,wrw,r� LEGEND F' ® cuvsmvwmuA'auez.[rswear[<nn "A" STREET O 2022.0x.02 NORTHWEST NOT FOR CONSTRUCTION SUSTAINABLE PROPERTIES BLUE MCKENZIE MIXED USE Exhibit H: Architectural Site Plan — 8.5x11 LrsBlue MCKemIle Mlzed Use ARCHITECTS 8.5.2022 1 PAGE 40 ARCHITECTURAL SITE PLAN AW, REHERAL NOTEB yl � "� TACLOT 1504 p._.....�.e."a..,..k.m.._ t orcMACE MUC '.�.�.o.��.....A 9 ' !; ---- -- -- --� „- _. - o - , rZrxorza � tio- a H' •• •�• O� w.w..wm...vw. L a ® I rn`,xi MARMIXED USE OO Om..n,.ae....,......�ae.�.a. ICRS TPXM VOFF ...row, TA%LLOTM ET MUC ®m v r o r Q� .,A.' STREET s `rs v,coxiaw. xrxxm. c..isu axx a..... xor roR coxsrxumiox ®SUSTAIN ABLE ECTS raonae.niapa�ex•ia,oasrnr PROPERTIES