The URL can be used to link to this page

Home My WebLink AboutApplication APPLICANT 12/1/2006 v ; .,., .. .... ,/ City of Spnngfleld Development Services Department 225 Fifth Street Spnngfleld, OR 97477 541 726 3753 DEMAND FOR COMPENSATION UNDER BALLOT MEASURE 37 PROPERTY OWNER INFORMATION (Please type or print) PLl~t:RLL UVINCr mlJST Name of Property Owner h1ICI-ME L e. t=IH~7H I Nt!T Name of Representative (If Any) Name of Firm IPrt"blllveY AT U\W Name of Firm IS37 ~VI>E:N BR.Iber(;; R..b. Street Address 7b7 WI LLAWo..G TT'"E (7:1 STE 2.b3 Street Address SP/l..fN6-Pff?!l../), DR. t;t;7477 City I State, ZIp , (StlI) 74ft:. -0040 Phone Fax Cl~t~S~' OR- 974()1 (541) 4f!Jb"-1l4-/ Phone Fax PUBLIC MEETING Does Owner reqm,st a public meetmg? Yes No PRIVATE REAL PROPERTY DSCRIPTION A Demdnd shJII be for a for a smgle property or separate contlguou<, plopertJes under the same ownershIp Map and Tax Lot # 17-l>3- ;1$-;2.':2- 1S"~7 / TL 2.ol> ~Vh~N SR.I b6E R.b TIlLe- ow IVERs' Site Address Owner's Interest In the Real Property ~ REQUIRED ATTACHMENTS (SEE REVERSE OF THIS FORM) AND COMPLETENESS This Demand and all attachments required on the reverse Side of this form must be provided before acceptance by the City Manager Only after acceptance Will the 180 day processing penod commence as specified under Ballot Measure 37 (Spnngfleld MUnicipal Code Sec 2900 et sec ) NOTARIZED SIGNATURES IjWe WIL.L.tAM P. & wILMA M. 1>vl<ce-u.. depose and say that I/we am/are the owner(s) of the private eal property that IS t~e, s'~Ject of this De~nd and the same IS rue a~/ II bell xW~1fj ~ ~/!.- X ([Jl~: - ~J2j} Representatove 51 Owner Signature Subscnbed to me this :;1 day of Notary Stamp . OFFICIAL SEAL KIMBERLY TAYLOR NOTARY PUBLIC-OREGON COMMISSION NO 397500 MY COMMISSION EXPIRES SEPTEMBER 21 2009 Jv1Jv;:~ 20i21:L Notary Signature ~ h-~ J~fl ( DISCLAIMER NOTICE Approval ot compensatIOn ormodlllcatJon rcmoval or non dpplicalJOn of land use regulatIOn does not v,arrant or otherwlsL guarantu.- IhJt thL present propelt) O\\l1er or an} successors mtcrcst can kgall} Lise the subject propert) for the purpose or m the manner upprO\..ed by thL City dS such Lise or purpo~e may ImpaellhJrd partIes, mdudlllg nghts e~labhshed by COven'lnl,> ConditIOns and RestnetJOns (CC&.Rs) othu pnvatL rLSlnctJOn~ or other reguldtJOns reslnctJOllS or contracts STAFF COMPLETES THIS SECTION Flle# UP 1fX)~ - C015~te Demand Submitted -1b/-L/-Di; Received by ~.,{;VI /~ Fee Paid Date Demand Accepted for Processing UNITED STATES POSTAL SERVICE ltr-. I;{~~ig, ,~V1 E't..lC~?~E OR ; I, i wE ~t"""~ld :18 DEe .<:''&.J8 Pi>'l.:?. - f~ !'f1J~ 1{i . Sender Please pnnt your name, address, a~d ZIP+4 In thIs box. .I Clty of Sprlngfleld 225 Flfth Street Sprlngfleld, Oregon Date Received Planner MM - 97477 ~ Izll f lot,- Attentlon Brenda Jones 11.1..1,.,1.1,,11.,,11.,,1,1,.1,11,.1,.,1,1,\.1,1,.1.1..,11,,1 SENDER: COMPLETE THIS SECTION . Complete Items 1, 2. and 3 Also complete ttern 4 If Restricted DelIVery Is desired . Print your name and address on the reverse so that we can return the card to you . Attach this card to the back of the rnaJlplece, or on the front ij space pemlts Art1cla Addressed to WillJarn F. and Wllrna M. Puree] Purcell Levlng Trust 1537 HaydenBrldge Road Sprlngfleld, Oregon 97477 2 Article Number (rruns!er from service label) PS Fom 3811, February 2004 " A S!JnalU]2 ( ,\ " X ~)J :.MAAlVf~ I I 1 ~ ~~ B Recel~ed by (~ted N~e) d. ~?rot &lLL AMOLL o Isdellveryaddressdlfferentfromltem1? as tf YES, enter delrvery address be!ow 0 No = 3 Service Type ~CertIfIed Mad [J Express Mall [J Registered [J Return Receipt lor Men:handlse [J Insun>d Mall [J COD 14 Restrtcted Delivery? (Bdra Fee) [J Ves 7003 0500 0005 1258 8493 102595-02-M--1540 Domestic Return Receipt \:.o;:.o~~~ ~~~r~~J rn [J"" .:r- ;, ru .-'l . " OIFFICDAl -1$ I ~ CertIfledFee I I o o RetumReciep1Fee I (Endorsement Required) o Restricted CaUvery Fee I o (Endorsement Required) LI1 o Total_&Foesl$ Postmarl< Here rn o o f'- Certllled , Provides . Amalhng ._..dlpt . A unk;ue kientifler for your mallpleoe . A record of dellwry kept by the PostaJ Sorvlce for two yo.... ImP9rtBnt Reminders . Certified Mall may ONLY be combined with Arst-Class Mar~ or Pnorlty Malia! . Certified Maills not available for any class of International marl . NO INSURANCE COVERAGE IS PROVIDED with Certified Mall FoI valuables, please consIder Insured or Registered Mall . For an additIonal feet a Return Recefptmay be requested to provide proof of delivery To obtain Rerum Receipt service, prease complete and attach a Return Receipt (PS Form 3811l to the artIcle and add applicable postage to cover the fee Endorse m8llplBCe Return ReceIpt Requested~ To recelVEl a fee warver for a duplicate return receIpt, a USPSa postmark on your Certified Mall receipt Is required . For an addlllonal fee, delivery may be restricted to the addressee or addressee's authorIzed agent Advise the clerk or mark the maJlplece with the endorsement MRestnctedDel/VsryM . If a postmark on the Certlfled Mail receipt Is desired, please present the arti- cle at the post office for postmarkmg If a postmark on the CertifIed Mall receIpt IS not needed, detach and affix label wrth postage and mail IMPORTANT Save this receipt and rrosent It when making an Inquiry Internet access to delivery Informa Ion is not available on mall addressed to APOs and FPOs (9Sl8I\tlIJJ iro'.:2 eunr '000f; lWO::I Sd AFFIDAVIT OF SERVICE Date Recelvec/ rz--.Jr} ~ Planner MM STATE OF OREGON } }ss. County of Lane } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows 1 I state that I am a Secretary for the Planning DIvIsion of the Development Services Department, City of Springfield, Oregon 2 I state that In my capacity as Secretary, I prepared and caused to be mailed caples of LRP2006-00032 Purcell Living Trust; Notice of 8M 37 Application Completeness Review Letter See attachment "A") on December 14, 2006 addressed to (see Attachment "B"), by causing said letters to be placed In a U S mall box With postage fully prepaid thereon ~9'UA/Y Brenda jones Planning Secretary STATE OF OREGON, County of Lane ) /-<L-, 2006 Personally appeared the above named Brenda Jones, Secretary, who acknowledged the foregOing Instrument to be their voluntary act Before me r-------~A~tSEAL----~] NANCY MACHADO NOTARY PUBUC - OREGON COMMISSION NO 380103 i ~ COMMISSION EXPIRES JUNE 18. 2008 t.____________________ ~~~ n EXPlreJ LA..LJ Itf ~OVO late Received Planner MM /z/;'( / t')? CITY OF SPRINGFIELD NOTICE OF BALLOT MEASURE 37 APPLICATION COMPLETENESS REVIEW THIS IS NOT A DECISION ON YOUR BALLOT MEASURE (BM) 37 APPLICATION Date December 14, 2006 Property Owner Property Owner Representative Name William F and Wilma M Purcell Purcell LIving Trust Address 1537 Hayden Bndge Road Spnngfleld, OR 97477 Michael E Farthing Attorney at Law 767 Wlllamette Street, SUite 203 Eugene, Or 97401 Re. Ballot Measure 37 Demand Application # LRP2006-00032 Dear Mr and Mrs Purcell, Thank you for submitting your BM 37 Demand Application on December 1, 2006 The Spnngfield MUnicipal Code (SMC), Sections 2 900 through 2 995, contains the City's regulations governing the application submittal and processing of BM 37 Demand Applications Specifically, SectIOn 2 930 discusses the application submittal process and Section 2 935 discusses the application completeness process These sections must be addressed before application processing can occur The SMC states that the property owner filing a BM 37 Demand IS responsible for the completeness and accuracy of the application and supporting data Therefore, unless specifically waived by the City Manager after a Pre-Demand Conference, the following information must be submitted 1 Application Form A completed application form (the front page of this packet must be filled out) to Include a) The name, mailing address, telephone number and authonzatlon signatures for all the property Owners or contract Owners, b)The deSignated Owner or agent who IS the Owner's deSignated representative regarding the processing of the application, and c) Every Lessee and Lessor of the property and their mailing address and telephone number Please use additional sheets If all the information cannot fit on the front page 2 Property DeSCription A legal descnptlon and tax lot number of the property as well as a street address for the property (If any) 3 Title Report A title report Issued Within 30 calendar days of the app)lcatlon's submittal, including a) TItle hiStOry, b) A statement of the date the Owner acqUired Ownership of the property, c) The ownership Interests of all Owners of the property, d) Every person or entity holding a lien against or secunty Interest In the property, and (e) Every person or entity holding a future, contingent, or other Interest of any kind In the property , 4 Copy of Regulations Applicable to the Demand A statement speCifically Identifying all the sections of the Spnngfleld MUniCipal Code, Spnngfleld Development Code, or other current land use regulation that allegedly restnct(s) the use of the real property and allegedly causes a reduction In the fair market value of the property 5. Demand Statement A statement speCifYing a) The proposed use of the property, b) The amount of the Demand and the fair market value of the property before and after application of the Identified land use regulation, c) To whom any compensation determined must be paid and why the Owner IS entitled to compensation under the requirements of the provIsions added to ORS Chapter 197 by Ballot Measure 37 (see also Item 6 below) 1 .' 6 !Jate Received /t:-/rf / V'y ?fanner MM Demand Cntena A statement addressing all of the following criteria a) The City has either enacted or enforced a land use regulation that restricts the use of private real property or any Interest therein, b) The restriction on use has the effect of reducing the fair market value of the subject property or any Interest therein, c) The Identified land use regulation was enacted, enforced or applied after the current Owner of the property became the Owner, and d) The Identified regulation IS not an exempt regulation as defined In SMC Section 2 920(4) Appraisal An appraisal by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon supporting the amount of the Demand that addresses the following Issues a) The appraisal must expressly note all eXisting Infrastructure limitations and value the property Without an assumption that the Infrastructure will be Improved at governmental expense or through discretionary governmental action, b) The appraisal must expressly address and Indicate the amount of the alleged reduction In the fair market value of the property at the time a complete Demand IS submitted to the City by shOWing the difference In the fair market value of the property resulting from enactment or enforcement of each of the Identified regulations IndiVidually Identified In the Demand and after the application of all of the Identified regulations cumulatively, and c) The appraisal must expressly conSider the effect of the aforesaid Ballot Measure 37 on the availability of other real property Including the extent to which the supply of such other real property IS or will be Increased due to the non-enforcement, discontinuance, repeal or waiver of regulations following the passage of Ballot Measure 37 (see also Item 11 below) Additional Documentation Copies of any leases or Covenants, Conditions and Restrictions (UCCR's) applicable to the real property, If any, that Impose restrictions on the use of the property Access to Property Wntten permission for access to the property by the City Manager or his/her designee Including but not limited to agents or appraisers necessary to evaluate and appraise the property and the Demand for purposes of determining whether or not regulatlon(s) have had the effect of reducing the fair market value of the property Fee A Demand shall Include a fee established by CounCil resolution to at least partially cover the City's cost of processing the Demand If a Demand IS determined to be a Valid Demand the City shall reimburse the Owner for any fee paid Statement Regardmg Exempt Land Use Regulations A statement by the Owner making the Demand of why the following exemptions to the reqUirement for compensation do not apply a) Restricts and prohibits commonly and historically recognized public nUisances under common law, Including but not limited to SMC Chapter 5 as amended from time to time and the Criminal laws of the State of Oregon and the City of Springfield, b) Restricts or prohibits activities for the protection of public health and safety, such as fire and bUilding codes, health and sanitation regulations, and pollution control regulations, c) Is reqUired to comply With federal law, d) Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing, or e) Was enacted prior to the date of the acqUisition of the property by the Owner, or prior to acquIsition by a family member of the Owner who owned the subject property prior to the acquIsItion or Inheritance by the Owner, whichever came first [If "family member" status IS claimed, It must also be addressed In the title report reqUired by Item 3 above] 7 8 9 10 11 Your BM 37 Demand application has been reViewed for completeness In accordance With SMC Section 2 935 The City Manager has determined that [] Your application IS complete for review and the 180 day review period began on [Xl Your application IS Incomplete because It did not address the follOWing Items above, therefore, you must submit 3 A title report 2 4 lte ReceIved ~I Db I"'lanner MM ' Submit all of the specific Spnngfleld Development Code and Lane County Code Sections that are believed to be relevant to the Claim Note Sending a letter to Lane County requestrng information IS not sufficient - the actual Lane Code references must be submitted You should also Include any land divIsion (subdivIsion, minor subdivIsion or partltron regulations In effect In 1963 .. 5 A complete Demand statement 6 A statement addressing the Demand cntena 7 An appraisal to Justify the Claim 8 Any addltronal information restnctlng use of the property 9 Submit wntten permission for access to the property 11 Submit a statement regarding exempt land use regulations Because your Demand application was found to be Incomplete Within 10 calendar days of the date on this notice (December 26, 2006), you may submit a wntten statement Indicating either an Intent to submit the missing information or a refusal to submit the missing Information 1 If you Indicate In wntlng that you Intend to submit the missing Information, this will constitute a waiver of the 180 calendar day time line for as long as It takes to supply the missing information The 180 calendar day time line will then begin on the date the missing Informatron IS submitted 2 If you Indicate In wntlng you do not Intend to submit the missing information, the 180 calendar day time line will begin on the date the Demand was submitted to the City (December 1, 2006) 3 If you do not respond In wnting within 20 days of the date of this notice (January 2, 2007), the 180 calendar day time line will begin on the date the Demand was submitted to the City (December 1, 2006) , If you have any questrons concermng this notice, please call 541 726 3775 -/- ~el~ " Mark ~~r,~ Planning Supervisor -. . . . cc Gino Gnmaldl, City Manager Bill Gnle Development Services Director Greg Mott, Community Planning and Revitalization Supervisor Sarah Summers, Planning Supervisor 3 5PRI""OFI'EI.O 'Jb'iri~I~~'ilr'I"~c-i'll~ 'ENT SERVICES &it DEPARTMENT ,TREET La, OR 97477 .Jate ReceIved (t!rf !bJ.__ Planner MM Mlchael E. Farthlng Attorney at Law 767 Wlllamette Street, SUlte 203 Eugene, Oregon 97401 Wllllam F. and Wllma M Purcell Purcell Llvlng Trust 1537 Hayden Brldge Road Sprlngfleld, Oregon 97477 . ""Y'c' ~'.~:~i~" . 'u' s "E'''''''1 m m IT" IT" ::r ::r ; ; r....'~ '()"~~ I1J I1J r-'lr-'l _Is LJ1 LJ1 Certified Foe I 0 0 0 0 Return Reclapt Fee I 0 0 (Endorsement Required) 0 0 Restrlcted OeDvery Fee 0 0 (Endorsement Required) LJ1 LJ1 0 0 Total Postage &; Fees $ I - I Postmark ~~te R~. ceIVed": It/; ~ . !c""~r MM ' ~i. q. _ m m o 0 ::;emTO o 0 W~ll~am F. and W~lma M Purcell f'- f'- m~%1-L-ivi;;g--frus-t--- - ---- -- ----- ------- - - --1-5'9-7-- Ha""'"'en---llrcnTge- -!toad- -- --- City State, ZlP+4 1 .... ~p-,l 'l~Jl.pl d 0U'!.IJ1:L:ll!i1..l ~~~~V:r.1c~~h....,:.,j-l,,~~j'r:.I"~\'1'''.11.i-1I I'SENDER~"COMpLiTETH/SSECTION":." ":-, . ., .." it. <, 1 COM~LETE.THIS SECTION ON DEUVE"Y -:-" -,- - ,,' . '.' '.. '. .t.. ..... ' A Signature . Complete Items 1, 2, and 3 Also complete Item 4 If Restncted Delivery Is desIred . Print your name and address on the reverse so that we can return the card to you . Attach this card to the back of the maJlpJece, or on the front If space permIts ArtIcle Addressed to x DAgen! o Addressee I C Date of DelIVery D Is delivery address different from Item 11 0 Yes If YES. enter delIVery address below 0 No B Received by ( Pnnted Name) W~ll~arn F. and W~lma M Purcel' Purcell L~v~ng Trust 1537 HaydenBr~dge Road Spr~ngf~eld, Oregon 97477 3 ServIce Type D Certified Mall D Registered D Insured Mall D Express Mall o Retum ReceIpt for MerchandIse DeOD [4 Restricted Delivery? (Extra Fee) Dyes 2 Article Number (Transfer from servica label) PS Form 3811 . FebruaJ)' 2004 7003 0500 0005 1258 8493 DomestiC Return Receipt 102595-<12 M 1540 I