HomeMy WebLinkAboutCorrespondence APPLICANT 3/2/2007
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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
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Date Received
Planner MM
1ft-Io;
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file IIC \Documents and Settmgs\Ilk\Local Settmgs\Iemp\GW}OOOOI HIM
3/2/2007
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~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
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