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HomeMy WebLinkAboutCorrespondence APPLICANT 3/2/2007 ~ Page I of I ty\ \~R \~ , G I~'-r ., Joe Leahy - McKay Investment Company, LLC From' To' Date' Subject. CC: "James W Splckerman" <splckerman@gleaveslaw com> "Joseph J Leahy <.ul@haroldleahy com>" <.ul@haroldleahy com> 3/2/2007 2 29 PM McKay Investment Company, LLC "Steve Korth<steve@oakwaycentercom>" <steve@oakwaycentercom>, "Alan Evans<alan@eebcre com>" <alan@eebcre com> Please see attached correspondence James W Splckerman Gleaves Sweanngen Potter & Scott LLP 975 Oak Street, SUlte 800 POBox 1147 Eugene, OR 97440-1147 Phone 541-686-8833 Fax 541-345-2034 sDlckermanfa)e:leaveslaw com The mformatlOn contmned m thiS electromc message IS legally pnvlleged and confidential mformatlOn mtended only for the use of the mdlV1dual or entity named above If the reader of thIS message IS not the mtended recipient, you are hereby notrlied that any chssemmation, chstnbution, or copymg of thiS electromc message IS stnctly prolu.bited Date Received Planner MM 1ft-Io; , file IIC \Documents and Settmgs\Ilk\Local Settmgs\Iemp\GW}OOOOI HIM 3/2/2007 ~. . ~N.railCoTTespondence March 2, 2007 Joseph J Leahy Leahy & KIeran 223 A Street, SUIte D Spnngfield, OR 97477 Re Ballot Measure 37 Demand ApplIcatlOn No McKay Investment Company, LLC LRP 2006-00033 Dear Mr Leahy On December 1, 2006, I submItted the above clmm on behalf of McKay Investment Company, LLC On December 14, 2006, I receIved the completeness reVlew Smce that bme, my clIent and Its potenbal tenant have been developmg plans, both to address the sIte reVlew reqUIrements of the CIty and to assIst m the determmabon of WhICh regulabons we would seek to have walVed On March 1, 2007, my clIent, representatIves of the potential tenant and CIty staff, mcludmg Andy LImbIrd, Mark Metzger and Blll Gnle, met for a Development Issues Meebng I belIeve that the staff was pleased Wlth the efforts made m deslgn of the new development to address certam features and amemtIes deSIred by the CIty My percepbon was that neIther the CIty nor the tenant saw any real obstacles to achIevmg results that would be acceptable to both the CIty and the tenant We have come to the pomt that we need to proceed on the Measure 37 chum I mtend to submIt some addItlOnal matenals m response to the completlOn reVlew but want to address Wlth you the partIcular proVlsIons of the Spnngfield Code we Wlsh wmved Phone (541) 6868833 Fax (541) 345 2034 975 Oak Street Suite 800 Eugene, Oregon 97440-1 ]47 Mallmg Address PO Box 1147 Eugene, Oregon 97440-1147 Ema]! mfo@gJeaveslawcom Web-Site wwwgleaveslawcom FredeTlC~ A Batson Jon V Buerstatte Joshua A Clark Damel E EllIson Michael T Faulconer AJ GlUstma Thomas P E lIerrmann. Dan Webb Howard Stephen 0 Lane William H Manm. WalterWMlller Laura T Z Montgomery. Tan)a C 0 Nell Standlee G Potter Martha J Rodman Robert S Russell Douglas R Schultz Malcolm H Scott James W Splckennan Kate A Thompson Jane M Yates Puttmg aSIde the Issue of ownershIp pnor to January 1, 2000, subsequent to the date upon whIch the McKay partnership was reorganIzed as a lumted lIabIlIty company and the company came mto title of the subject property, the CIty applIed the MIXed Use CommercIal (MUC) zomng deslgnabon to the property m place of the preVlously eXlstmg Major Retml Center (MRC) zomng dIstnct Mr Duncan's apprmsal establIshes that the applIcatlOn of that zonmg dIstnct reduces the value of the property I Wlll proVlde addItional mfonnatlOn establIshmg that the demographIcs surroundmg thIS Date ReceIved ~OJ Planner MM ''Also admltted In Washington ^ Joseph J Leahy March 2, 2007 Page 2 property WIll make unfeasIble commercIal development would be consIstent WIth the MUC dIstrIct WIth the potenbal of soon haVIng more fully developed plans for the property and after the dISCUSSIOn WIth the staff, we mtend to seek a WaIver of all the reqUIrements of the MUC dlstnct ThIs would be our chOIce not only for the reason that It IS dIfficult to specIfy, even at thIs stage of plannmg, each aspect of the MUC dIstrIct that creates problems for a VIable development, but also the WaIver of all the regulabons of the MUC dIstrIct dIrectly relates to the zomng actJon taken subsequent to the company commg mto ownershIp of the property As has been dIscussed, proceedmg on a parallel track to the Measure 37 claIm, the project WIll soon go to formal sIte plan reVIew and completIOn of a Development Agreement In order to do so, the WaIver must be m place We were adVIsed by Mr Metzger that there IS trme aVaIlable on the CIty CouncIl agenda m the month of Apnl and we would lIke to have the claIm taken up by the CouncIl at one of the Apnl meetJngs I would lIke to dISCUSS WIth you thIs Issue of the WaIver and schedulmg of the Measure 37 Item I WIll be m the office Monday, March 5, 2007 but out the remamder of the week If your schedule allows, I would apprecIate a call Monday Thank you for your assIstance and cooperabon Very truly yours, James W Splckerman sDlckerma..nta:.e:leaveslaw com " Jca cc Steve Korth Alan Evans Date Received Planner MM '3h/o; I I