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Home My WebLink AboutNotice PLANNER 12/14/2006 ~lr\!.t::l.IiU~o ~~~,~o en ru Lr) ~ ~I ru .-'l dt!BIil loi"1irr:Ui'T-r.'NTifi .HI I......~ ,;!;J:'l~~_~ ~r." ''''1 OFFICIAL USE _$ Lr) o o o Certified Fee Retl..Im Reclept Fee I (Endorsement Required) D Restrlc:ted DelIvery Fee I o (Endorsement Required) Lr) o Total Postage & Fees I $ """"'... He", en w ~'enr 10 ~ k-,"",~~~~~- _Ms:!Z_,-,y (T:_,:~?_a _ ~<:~ay_ K?<:~~____ __ ~~N~nvestment Co., LLC c,(y Slat. Zip;." r:tSo---oakmant - Way;- il Z:04- - - - - - Eugene, Oregon 97401 1~,~I!..t'l"L~ "~"~"'\l.'~:..'''k\ Certified r' a A malhng .rt IJ A unlq,ue kientlfter tor your mallp\eoe a A record of delivery kept by the Postal SeMce for two years Important Reminders a Certified Mall may ONLY be combmed with First Class Mal~ ar Prfonty Malr.e a Certified Maills not avaIlable for any class of InternatJOnal mall a NO INSURANCE COVERAGE IS PROVIDED wIth CarMed Mall For valuables, please conSIder Insured or RegIstered Mall a For an additional fee, a Return Receipt may be requested to!rovlde proof of delivery To obtain Return Receipt service, preasa complete an attach a Return Receipt (PS Form 3811) to the article and add applrcable postage to cover the fee Endorse mwlplece "Return Receipt Requested" To receIve a fee waIver for a duplIcate return receipt, a USPSi& postmark on your Certified Mall receipt IS required D For an additional fee, delivery may be restricted to the addressee 01 addressee's authorIzed agent AdvIse the clerk or mark the mallplece With the endorsement Restnctednelivery" g If a postmark on the Cer1lfled Mall receIpt Is desired, please present the arti- cle at the post office for postmarking If a postmark on the Certified Mall receipt Is not needed, detach and affix label With postage and mail IMPORTANT Save lh,s recelpl and rresenllt when makmo an mqulrY Internet access to delivery mforma Ion IS not available on mall addressed 10 APOs and FPOs Provides (BSJBIIB1:i) <;'OOC: eunr OOS& WJO.:l Sd AFFIDAVIT OF SERVICE 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 Spnngfield, Oregon 2 I state that In my capacity as Secretary, I prepared and caused to be mailed copies of LRP2006-00033 McKay Investments; 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 ~- 0tau- Brenda Jones (/ Planning Secretary STATE OF OREGON, County of Lane o /,..IU'Yl ~ J""i, 2006 Personally appeared the above named Brenda Jones, Secretary, who acknowledged the foregoing Instrument to be their voluntary act Before me ~------------~-----~,' . OFflGIALSEAL ~) NANCY MACHADO ~ " NOTARY PUBLIC-OREGON I I COMMISSION NO 380103 I ' I~ MY COMMISSION EXPIRES JUNE 18, 2008 J f.;,.::.-----~.~.~---~--'"').: Isslon EXPlre~)~ It; 4()7Jr Date ReceiVed I').. / Ir./ !o (0 Planner MM -'-(Lf, 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 J Douglas McKay /Llnda McKay Korth McKay Investment Company, LLC Address 2350 Oakmont Way, #204 Eugene, OR 97401 James W Splckerman Gleaves Swearingen Potter & Scott LLC 975 Oak Street, SUite 800 Eugene, Or 97440-1147 Re Ballot Measure 37 Demand Application # LRP2006-00033 Dear Mr McKay and Mrs McKay Korth, Thank you for submitting your BM 37 Demand Application on December 1, 2006 The Springfield Municipal Code (SMC), Sections 2 900 through 2 995, contains the City's regulations governing the applicalion submittal and processing of BM 37 Demand Applications Specifically, Section 2 930 discusses the applicalion submittal process and Section 2 935 discusses the application completeness process These sections must be addressed before application processmg 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 authOrization 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 deSCription 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 applicatlon's submittal, including a) Tille 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 security 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 Springfield MUniCipal Code, Springfield Development Code, or other current land use regulation that allegedly restrlct(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 propert~"Msgl~~ar / ~!ti ~.,r Planner MM I -, f# 1 application of the Idenlifled land use regulation, c) To whom any compensation determined must be paid and why the Owner IS entitled to compensalion under the requirements of the provIsions added to ORS Chapter 197 by Ballot Measure 37 (see also Item 6 below) 6 Demand Cntena A statement addressing all of the following cntena a) The City has either enacted or enforced a land use regulation that restncts the use of pnvate real property or any Interest therein, b) The restnctlon 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 Idenlifled regulation IS not an exempt regulalion as defined In SMC Seclion 2 920(4) 7 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 aclion, 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 Idenlifled 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 regulalions following the passage of Ballot Measure 37 (see also Item 11 below) 8 AddItional Documentation Copies of any leases or Covenants, Conditions and Restnctlons ("CCR's) applicable to the real property, If any, that Impose restnctlons on the use of the property 9 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 10. Fee A Demand shall Include a fee established by CounCil resolulion 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 11 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) Restncts and prohibits commonly and hlstoncally recognized-public nUisances under common law, Including but not limited to SMC Chapter 5 as amended from time to time and the cnmlnallaws of the State of Oregon and the City of'Spnngfleld, b) Restncts or prohibits actiVities for the protection of public health and safety, such as fire and bUilding codes, health and sanitation regulalions, and pollulion control regulalions, c) Is reqUired to comply With federal law, d) Restncts or prohibits the use of property for the purpose of selling pornography or performing nude danCing, or e) Was enacted pnor to the date of the acqulsllion of the property by the Owner, or pnor to acqUiSitIOn by a family member of the Owner who owned the subject property pnor to the acquIsition or Inhentance 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] Your BM 37 Demand applicalion has been reViewed for completeness In accordance With SMC Section 2 935 The City Manager has determined that / / Date ReceiVed /"1 f'I / "f., Planner MM ' 2 [l 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 history as part of the title report 4 All of the soeclflc Code Seclions that are believed to be relevant to the Claim 6 A statement addressing the Demand criteria 7 An appraisal to Justify the Claim 8 Any additional documentation applicable to the property 9 Wntten permission for staff to access the property 11 A statement regarding exempt land use regulalions 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 written statement Indicating either an Intent to submit the missing information or a refusal to submit the missing Informalion 1 If you Indicate In writing that you Intend to submit the missing Information, thiS will constitute a waiver of the 180 calendar day time line for as iong as It takes to supply the missing information The 180 calendar day lime line will then begin on the date the missing Information IS submitted 2 If you Indicate In writing 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 writing 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 questions concerning thiS notice, please call 541 7263775 ~:A Mark Metzger, ~ Planning Supervisor cc Gino Grimaldi, City Manager Bill Grlle Development Services Director Greg Mott, Community Planning and ReVitalization Supervisor Sarah Summers, Planning Supervisor ~/ate ReceIVed anner MM /1(i / ~ 3 ;;~;:;::;~~~~'J"~~ DEPARTMENT ;TREET La, OR 97477 J. Douglas McKay / Llnda McKay Korth McKay Investment Company, LLC. 2350 Oakmont Way, #204 Eugene, Oregon 97401 James W. Splckerman Gleaves Swearlngen Potter & Scott LLC 975 Oak Street, SUlte 800 Eugene, Oregon 97440-1147 Date ReceIved /2 II' I /0 ~ Planner MM ---L:{..!:1., [Tl [Tl ru ru U"J U"J "" '" r"~:; -'l\r 1'..I,17S. :ai",';T"~IH ,,"," t,ll,T,j.::f1I"IYI...':"J-/ r 1l,...:.1.,d.~" '. .I1\!..JiI-"h".rll,.~l"n ...Ll.Tl l:Q co 1 '" U1 U1 , "' " n.J ru ~?, ~-. ~ ~ r=l .....=I Postage 1$ ~ 6 Certified Fee I o 0 Postmark o D Return Reclept Fee I Here (Endorsement ReqUired) o 0 Aestrlclad Delivery Faa I o 0 (Endorsement Required) LJ1 U"J CJ 0 Total Postage 8. Fees I $ [Tl [Tl CI L '~entl-o i2 i2 J. ~uglas .11c:ISaz/L_1.~d.a. M!,Kay. IS<:r.tt:_ ~~~N'nvestment Co , LLC C,ty Slale ZIP+4 2-3-50- tlakmant Way;. 11 'tf)4 . .. Eugene, Oregon 97401 .:J.:.:r~lmi)\fIrrtl"S!,r.}..t!blo!li~~~~'.w.t:-1"f:I.~mr.Ti1~ffr.ttI A SIgnature . Complete Items 1. 2, and 3 Also complete Item 4 If RestTlcted Delivery IS deSired . Pnnt your name and address on the reverse so that we can return the card to you . Attach this card to the back of the mallplece, or on the front If space permits 1 Article Addressed to o Agent o Addressee I C Data of Delivery x IB Received by ( Pnnted Name) o Is delivery address different from Item 1? 0 Yes If YES enter dehvery address below 0 No J Douglas McKay/Llnda McKay KOl h McKay Investment Company, LLC 2350 Oakmont Way, #204 Eugene, Oregon 97401 2 ArtIcle Number (Transfer from service labeQ PS Form 3811, February 2004 3 Service Type D Cert,fied Ma,l D Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 COD Restricted Delivery? (Extra Fee) 7003 14 0500 0005 1258 8523 DYes DomestiC Return ReceIpt 1025Ss.o2 M 1540 Date ReceIved Iv( "1/ r1 Planner MM