HomeMy WebLinkAboutApplication APPLICANT 3/16/2007
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Phone: (541) 726-3759
Fax: (541) 726-3689
SPRINGFIELD
Zone/Overlay District Change
Application, Type III
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Applicant Name />E~J1L7lTtY,dp,lflI1f/t(),J Phone: ~d6 :J<f24
Address IZJ r 4if6t.4#f1eJ4/If'I.---!t4r'f .f/JUAJfkaJJ. qt 91(77
Property Owner Name IIr VIAl) }Jt&tf/~fJ /111):/ tU-- /rt.- ~)
Address 11'11-A- LI/vIfA- Jr~ l'!7/lfIll,9/rl&tJ. cYL 4 'ltfn
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Property Address ~/fll #:411Iift: //z,sVtIC7~7 IY3t!,. 'if~ 4/jftJ /tU,;V Jr.{rt,..-ft>.-)
Assessor's Map No. 17 -oz- ~(:.. Tax Lot No. Vt?O f/ul~ .
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Phone:
Size of Property
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Acres
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Existing Use of Property (!IlIlt4/fI!U~ / 'Tl-th:z:-)... 1/4b7,v,/.f!z:JtA.,LE f,;,1J ~~?' )
Specific Description of Proposal
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The undersigned acknowledges that the information in this application in correct and accurate.
Applicant Signature (;JJ~. .. Iii'~ Date :sA~?
bI~ V .
If the applicant is other than the owne , the "oAuer ~er~ grants permission for the applicant to act in his/her behalf
J1~\~~ -- 3/lj;7
Owner Signature t.l...rJ., !J.........t. Date 3 3 "7
For Office Use Only:
Journal No. '~~:)4-d5bI1_ Received By
Map No. l bf--Od.-Dd.-DO Tax Lot No.
Date Accepted as Complete
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4co 4-0:L..
,
Jate Received" 3\ lip! D1
Planner: DR (1.- '7'~
P{{J 2co-=1- c~io33
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THE APPLICATION PACKET
A COMPLETE APPLICATION CONSISTS OF:
1. A complete application page (all of the sections on the opposite side ofthis page must be filled
out).
2. A concurrent Site Plan Review Application may be required. Please contact Planning and
Development Staff.
3. Before the Planning Commission can approve a Zone/Overlay District Change Request, there
must be information submitted by the applicant which adequately supports the request. If insufficient
or unclear data is submitted by the applicant, there is a good change that the request will be denied or
delayed. It is recommended that you hire a professional planner or land use attorney to prepare your
findings.
4. The application fee. Refer to the Developmellt Code Fee Schedule for the appropriate fee. A
copy of the Fee Schedule is available at the Development Services Department.
5. A copy of the deed to show ownership.
SDC 12.030 requires that in reaching a decision on these actions, the Planning Commission shall
adopt findings which demonstrate that all of the following criteria have been addressed:
1. Consistency with the Metro Plan Text and Diagram;
2. Consistency with applicable Refinement Plans, special area studies and functional plans; and
3. That the property can be served by the orderly and efficient extension of key urban facilities and
services as prescribed in the Metro Plan prior to or in conjunction with development.
Revised 7/00
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A COMPLETE APPLICATION CONSISTS OF:
~
1. A comn1ete annlication nage (all of the sections on the opposite side of this page must
be filled out).
2. A statement containing Findings of Fact addressing the Criteria of Annroval found
in Snringfield Develonment Code (SDO 7.070(3), In order for the Planning Commission
and the City Council to consider an amendment of a plan text and/or diagram, there must be
Findings of Fact submitted by the applicarit. The Findings of Fact must show reason for the
request consistent with the Criteria of Approval (shown below). If insufficient or unclear
information is submitted by the applicant, the request may be denied or delayed.
The applicatioll must illclude requiremellts for addressillg specific statewide goals that the
Oregolllegislature has said must be part of the amelldmellt allalysis. III particular,
Statewide Plallllillg Goal 9 Ecollomy alld Goal 1 0 Housillg must be addressed for impact
011 buildable lallds illvelltories, alld a Goal 12 Trallsportatioll allalysis must address
criteria cOlltailled ill OAR 660-012-060(1) alld (2) of the Trallsportatioll Plallllillg Rule
(TPR). Goals 9, 10 alld 12 are three of several "Applicable State-Wide Plallllillg Goals"
that must be specifically addressed ill criteria (a) of the Sprillgfield Developmellt Code
(SDC) 7.070(3). These specific items must be illcluded ill the applicatioll submittal to be
cOllsidered a complete applicatioll.
In reaching a decision on these actions, the Planning Commission and the City Council shall
adopt findings which demonstrate conformance to the following Criteria of Approval (SDC
7.070(3)):
a) The amendment must be consistent with the relevant statewide planning goals adopted
by the Land Conservation and Development Commission; and
b) Adoption of the amendment must not make the Metro Plan internally inconsistent.
3. A man to scale denicting the existing and nronosed dial!Tam chanl!~. (If applicable)
4. The annlicat10n fee. Refer to the Developmellt Code Fee Schedule for the
appropriate fee. A copy of the Fee Schedule is available at the Development Services
Department.
Date Received: ') 1.6/ en
Planner: DR Y I.
Revised 1/03
"
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
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C' ~ <if Springfield Official Receipt
Dt;velopment Services Department,
Public Works Department.
Job/Journal Number
LRP2007 -00013
LRP2007-00013
LRP2007-000 13
ZON2007 -00012
ZON2007-000l2
ZON2007-000 12
Payments:
Type of Payment
Check
. CreditCard
Job/Journal Number
LRP2007 -00013
LRP2007-000 13
LRP2007-00013
ZON2007-00012
ZON2007 -00012
ZON2007-000 12
Pay"'.nts:
TYl ">ayment
Check
CreditCard
cReceintl
RECEIPT #:
3200700000000000153
Date: 03/16/2007
Description
CTY Metro Plan Amend Type 11
+ 5% Technology Fee
Postage Fee Type IV.. $250
. CTY Zoning Map Amendment
+ 5% Technology Fee
Postage Fee Type 1Il - $200
Paid By
PEACEHEALTH OR REGION
PHILLIP T FARRINGTON
Item Total:
Check Number Authorization
Received By Batch Number Number Ho'w Received
~ 00280420 In Person
tj 096159 In Person
Payment Total:
Description
CTY Metro Plan Amend Type. 11
+ 5% Technology Fee'
Postage Fee Type IV - $250
CTY Zoning Map Amendment
+ 5% Technology Fee
Postage Fee Type 1Il - $200
Paid By
PEACEHEAL TH OR REGION
PHILLIP T FARRINGTON
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
tj 00280420 In Person
tj 096159 In Person
Payment Total:
Date ReceiVed:~( (J7
Planner: DR '
/
Page 1 of 1
9:57:57AM
Amount Due
13,013.80
650.69
250.00
4,857.00
242.85
200.00
$19,214.34
Amount Paid,
$19,033.16
$181.18
$19,214.34
Amount Due
13,013.80
650.69
250.00
4,857.00
242.85
200.00
$19,214.34
Amount Paid
$19,033.16
$181.18
$19,214.34
311 6/2007
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STREET.
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MAIN OFFI(""E
1651 CENTENNIAL BLVD. . SPRINGFIELD, OR 97477
p.O. BOX 931 . .sPRINGFiElD, OR 97477
'ONE: 541.741.1981
rAX: 541.741.0619
www.evergreenlandtitle.com
PEACEHEALTH
123 INTERNATIONAL WAY
SPRINGFIELD, OREGON 97477
ATTN: TAMARA MILLER
PARTIAL BlLLING
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BRANCH OFFICf
875 COUNTRY CLUB RD. . EUGENE, OR 97401
P.O. BOX 10211 . EUGENE, OR 97440
. PHONE: 541.6B7.9794
FAX: 541.6B7.0924
www.evergreenlandtitle.com
DATE:
February 28, 2007
TITLE NO: ELT-52751
CLIENT NO: N/A
RE: ANDREW HEAD
FEES:
$200.00
ADDRESS: 4434/4436/4440 MAIN ST SPRINGFIELD OR 97478
BALANCE DUE
$200.00
THANK YOU FOR YOUR BUSINESS, LET US KNOW IF WE CAN BE OF ANY
FURTHER ASSISTANCE.
ACCOUNTS NOT PAID WITHIN 30 DAYS OF THE DATE OF ORIGINAL INVOICE
WILL BE CHARGED INTEREST AT THE RATE OF 1.5% PER MONTH (18%
ANNUAL PERCENTAGE RATE)
Date Received:2 fr, D;
Planner: DR
I)l.)':',-:\,,~~l-: P.:\\.' !:-'!::,('):Vj 'Ti'ii':; l>~
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.-1651 CENTENNIAL BLVD.' SPRINGFIELD, OR 97477
). BOX 931 . SPRINGFIELD, OR 97477
_HONE: 541.741.19B1
FAX: 541.741.0619
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TITLE INSURANCE SERVICES . ESCROW CLOSINGS
B75 COUNTRY CLUB RD.' EUGENE, OR 97401
P.O. BOX 10211 . EUGENE, OR 97440
PHONE: 541.687.9794
FAX: 541.687.0924
February 28, 2007
Our Order No.: ELT-5275I
PRELIMINARY TITLE REPORT
PeaceHealth
123 International Way
Springfield, Oregon 97477
Attn: Tamara Miller
Estimated Premiwn for:
PARTIAL BILLING
$200.00
TOTAL
$200.00
Dear Tamara:
We are prepared to issue on request and on recording of the aI'I'WI',;ate docwnents, a policy or
policies as applied for, with coverages as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
SEE ATTACHED EXHIBIT A
Showing fee simple title as of February 20,2007, at 8:00 a.m., vested in:
ANDREW HEAD
Subject only to the exceptions shown herein and to the terms, conditions and exceptions
contained in the policy form. No liability is asswned until a full premiwn has been paid.
/ .
Date Received: 3,/ VVOl
Planner: DR
CONTINUED
"IN OUR BUSINESS, YOU MATTER MOST';
www.evergreenlandtitle.com
ELT - 52751
Page 2
SCHEDULE B
GENERAL EXCEPTIONS
I. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or
exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts
which a correct survey would disclose. .
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
CURRENT EXCEPTIONS
6. Rights of the public in any portion of said premises lying within the limits of streets, roads
and highways.
7. Easements as reserved in Warranty Deed Recorded January 20,1982, Reception No. 82-
01945, Lane County Oregon Records.
8. Deed of Trust, including the terms and provisions thereof, executed by Weslie E. Kelley and
Katherine S. Kelley, husband and wife, as Grantor(s), to AMVESCO, Inc. dba Western Pioneer
Title Company of Lane County, as Trustee, for the benefit of Glen 1. Hefner and Lynn Hefner,
husband and wife, or the survivor thereof, as Beneficiary, Dated September 18,1997, Recorded
September 25,1997, Reel 2338R, Reception No. 97-65146, Official Records of Lane County,
Oregon, given to secure payment of a Note for $95,000.00.
NOTE: Taxes, Map No. 17-02-32-00-00402, Code 19-00, Account No. 1177953,2006-2007,
$1,453.04, paid in fulL
NOTE: The address of the property to be insured herein is: 4434 MAIN STREET AND 4436
MAIN STREET AND 4440 MAIN STREET, SPRINGFIELD, OREGON 97478.
CONTINUED
Date Received' :3 .ll- 07
Planner: DR' .
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ELT - 52751
Page 3
NOTE: A mDGEMENT/LIEN/BANKRUPTCY SEARCH was done for the narne(s)
ANDREW HEAD, and as of February 20, 2007, none were found.
NOTE: As of February 20, 2007, there are no liens for the City of Springfield.
INFORMATIONAL NOTE: The vesting deed and changes within the last 24 months are as
follows:
,
WARRANTY DEED RECORDED March 19, 2004, FROM WESLIE E. KELLEY AND
KATHERINE S. KELLEY, HUSBAND AND WIFE, TO ANDREW HEAD, RECEPTION
NO. 2004-019587.
Very truly yours,
EVERGREEN LAND TITLE COMPANY
HOME OFFICE
By: .
(;l~ _;-7"
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Joseph M. Silence
Title Officer
NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND
PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM
CANCELLATION FEE OF $200.00 WILL BE CHARGED.
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er; DR .~
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ELT - 52751
Page 1 of I
Legal Description
EXHIBIT A
Beginning at a point being North 890 57' 45" West 1351.02 feet and South 00 13' 17" West
803.3 feet from the Northeast comer ofthe T. D. Edwards Donation Land Claim No. 55,
Township 17 South, Range 2 West of the Willamette Meridian; thence South 0013' 17" West
488.98 feet to the centerline of the McKenzie Highway No. 126; thence along said centerline
North 890 44' West 516.12 feet; thence leaving said centerline North 00 18' 47" East 492.35
feet; thence South 890 44' East 515.4 feet to the Point of Beginning, in Lane County, Oregon.
EXCEPTING THEREFROM the following: Beginning at a point being North 890 57' 45"
West 1351.02 feet and South 00 13' 17" West 803.3 feet from the Northeast corner of the T. D.
Edwards Donation Land Claim No. 55, Township 17 South, Range 2 West of the Willamette
Meridian; thence South 00 13' 17" West 488.98 feet to the centerline of the McKenzie
Highway No. 126; thence along said centerline North 89044' West 420.12 feet; thence leaving
said centerline North 0018' 47" East 158;00 feet; thence North 890 44' West 96 feet to a point
on the Westerly boundary line of the above described parcel; thence following said Westerly
boundary line North 0018' 47" East 334.35 feet; thence South 890 44' East 515.4 feet to the
Point of Beginning, in Lane County, Oregon.
D?te Received' :> '-/6- (-'7
Planner: DR "-
THIS MAP IS TO ASSIST
LOCATING PROPERTY
THE COMPANY ASSUMES NO
'-c:.'..lf\8ILlTY FOR INACCURACIES.
N COURTESY OF
W + E EVERGREEN LAND TITLE CO.
741.1981
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Privacy Policy Notice
As adopted July 1, 2001
Evergreen Land Title Company
Private Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Grainm-Leach-BIiley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates; from sharmg nonpublic personal information about you with a nonaffiliated third party
unless the institution provides you with a notice of its privacy policies and practices, such as the type of
information that it collects about you and the categories of persons or entities to whom it may be disclosed.
In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy
policies and practices of Evergreen Land Title Company,
We may collect nonpublic personal information about you from: the following sources:
. Information we receive from you, such as on applications or other forms.
. Information about your transactions we secure from our files; or from our affiliates or others.
. Information we receive from a consumer reporting agency.
. Information that we receive from others involved in.your transaction; such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any' of-the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketin:g agreements:
. Financial service providers such as companies engaged in banking, consumer fmance"securities and insurance.
. ' Non-financial companies such as envelope sluffers aild other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WI1RANYONE FOR'"
ANY PURPOSE THATIS NOT SPECIFICALLYPERMITIED BY LAW. .
We restrict access to nonpub1ic"personal information about you to those employees who need to' know that information
in order'to provide products or services to you. We maintain physica~electronic and procedural safeguards that
comply with federal regulations to guard your nonpublic personal information.
Date Received' )"./ /(-0'7
Planner: DR .
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WESLlE E. KELLEY
205 soum 44m
SPRINGFIELD, OR 97478
Grlllltor's Nwne and Addnss
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EugeJ:.~(~eIP~Iilll: ~a 2~
Afterrecordin.ltretumto:
EVERGREEN LAND TITLE CO.
P.O. BOX 931
SPRINGFIELD, OR 97477
Uutil I!. change is requested, aU tax statements shaD be
sent 10 the following Rudress.
SAME AS GRANTEE
~~~~.mm
1111111111111111111111111111111111111111111111111 $31.00
0055746320040019587002002703/19/2004 02:00:44 P"
RPR-OEEO Cnl=l Stn=6 CASHIER 07
$10.00 $11.00 $10.00
Division of Chi.f D.pu~y Clerk
Lane Co~nly D.eds and Records
TITLE NO. ELT-44940
ESCROW NO. SP04-16779
TAX ACCT. NO. 1177953
MAP NO. 17-02-3Z-00-00402
WARRANTY DEED. STATUTORY FORM
(INDIVIDUAL OR CORPORA nON)
KNOW AU MEN BY THESE PRESENTS, Tllat WESLIEE. KELLEY and KATHERINE S. KELLEY, hnshand
and wire
hereinafter called grantor, JOT the consideration hereinafter stated, to granlor paid by
ANDREW HEAD
hereinafter called grantee, does hereby gront, bargain, sell and convey unto the said grantee and grantee's heirs,
successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging
or appertaining, situated in the County of LANE and State of Oregon, described as folIows, to-wit:
SEE EmmIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE
To Halle and to Hold the same unto the said grantee and gra,uee's heirs, successors and assigns forever.
And said gramor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that gramor is
lawfully s<ized;in ffe si",ple of tile aho,!e X'1lnled pre"",,,. '''.from 01/ en,ambrnnc"..x<<PJ4That certain Deed of
Trust -dateo 9 15/97 Recorded 9 25/97, Reel 2J3l:SR, Reception No ~7-b51 6, whiCfi--
Grantees herein aqree to assume and PaV.
Subject to any ana all easements, reslnctlons aha-Covenants of record
and that grantor will warrant and forever defend the said premises and ellery parl and parcel thereof against the lawful
claims and dellumds of all persons whomsoever, except those claiming under the above dercn'bed encumbrances.
The true and actual consideration paid/or this transfer, slated in terms of dollars, is $125,000.00.
.However, the actual consideration consists of or includes other property or value given or promised which is (the
whole/part of the) consideration (indicate which). * (The sentence between the symbols., if not applicable should be
de/eled. See ORS 93.030.)
In construing this deed and where the context so requires, the singular includes theplura/ and ail grammatical changes
shalI be implied to make the provisions hereof apply equaI/y to corporations and to individuals.
In Witness Whereof. the grantor has executed this instrument this 17th day oJ"1arch
20QL; if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto
by order of us board of directors.
TillS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMEi~T IN VIOLATION OF APPLICABLE
LAND USE LAWS Al\'D REGULATIONS. BI<:FORE SIGl\lNG OR ACCEPTING THIS INSTRUM!1J>,T. THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COU/'I.'TY PLANNING DEPARTMENT TO VERIFY APPROVI<:D
p::i..07~ LIMITS ON LAWSUITS AGAn.-sr FARMING OR FORFSr PRACTICES ASOEFI"G INORS 30.930.
WESUE R. KELLEY - JV
.v ~jjJ
~INES.KELLEY -/
(I) OFAClALSEAl J
DICKIE MOGSTAO
NOTARY PUBLIC -OREGON
, , COMMISSION NO 346138
Art'COMMJSSlOtlEXPiRESJUN::4~~~ ",,,
)~.
~REMEON March 17 20~BYWESLlEE.KEll.EYMd
~) My"mm",i.n,,~,b tJ41JS-
Notary Public for Ongon
Date ReceiVed. ?J I ~ or
Planner: DR ._,
;Y.
,
.
...
ELI - 44940
. Page 1 of 1
Legal Description
.
.
Beginning at a point being North 890 57' 45" West 1351.02 feet and South 00 13' 17" West
803.3 feet from the Northeast comer of the T. D. Edwards Donation Land Claim No. 55,
Township 17 South, Range 2 West of the WiIlamette Meridian; thence South 00 13' 17" West
488.98 feet to the centerline of the McKenzie Highway No. 126; thence along said centerline
North 890 44' West 516.12 feet; thence leaving said centerline North 0018' 47" East 492.35
feet; thence South 890 44' East 515.4 feet to the Point of Beginning, in Lane County, Oregon.
EXCEPTING THEREFROM the following: Beginning at a point being North 890 57' 45"
West 1351.02 feet and South 00 13' 17" West 803.3 feet from the Northeast corner of the T. D.
Edwards Donation Land Claim No. 55, Township 17 South, Range 2 West of the WiIlamette
Meridian; thence South 00 13' 17" West 488.98 feet to the centerline of the McKenzie
Highway No. 126; thence along said centerline North 890 44' West 420.12 feet; thence leaving
said centerline North 0018' 47" East 158.00 feet; thence North 890 44' West 96 feet to a point
on the Westerly boundary line of the above described parcel; thence following said Westerly
boundary line North 0018' 47" East 334.35 feet; thence South 890 44' East 515.4 feet to the
Point of Beginning, in Lane County, Oregon.
3
Date Received:
Planner: DR
(~\0l
,
"
FEB. 28. 2007 9: 35AM
.. ,
E\ REEN LAND TITLE CO
NO. 3732 P. 1
~
Ever reen
Land Title Company
PRELIMINARY TITLE REPORT
'.
/ \
TO:' PEACEHEALTH
FAX: 434-7486
ATTN: ROGERSAYDACK
RE: HYLAND/PEACEHEALTH
~ /
OrdeJ' reports and listing kits online at (www.evergreenlandtitle.com)
g~O~~~~ceiVed:3.1 \ 10 ( 01
Planner: DR \
ELT-S0919
Main Office:
1651 Centennial Blvd.
Springfield, OR 97477
Phone # (541) 741-1981 Fax # (541) 741-0619
Branch Office:
875 Country Club Road
Eugene, OR 97401
Phone # (541) 687-9794 Fax # (541) 687-0924
EV mN LAND TITLE CO
.~
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TITLE INSURANC~ SERVICES . ESCROW ClOSINGS
'\
FEB. 28. 2007 9:35AM
1651 CENTENNIAL 6LVD. . SPRINGfIUO, OR 97477
'. BOX 931 . SPRINGFIELD, OR 97477
....ONE: 541,741.1981
fAX: 541.741.0619
February 28, 2007
NO, 3732
P. 2
B75 COUNTRY CLUB RD. . EUGENE, OR 97401
P.O. BOX 10211' EUGENE, OR 97440
PHONE: 541.6B7.9794
fAX: 541.687.0924
Our Order No.: ELT-S0919
4th SUPPLEMENTAL TITLE REPORT
Evergreen Land Title Company
875 Country Club Road
Eugene, Oregon 97401
Attn: Ken Boyst
DeiU' Ken:
Escrow No. EU06.E127l9
Estimated Premium for:
$1,487,500,00 EXT. OWNER'S POLICY
(Developer' s Rate)
Re-Issue Credit
Gov't Service Fee
$4,204.40
$0.00
$35.00
TOTAL
$4,239.40
We iU'e prepared to issue on request and on recording of the appropriate documents, a policy or
policies as applied for, with coverages as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
SEE ATIACHED EXHIBIT A
Showing fee simple title as of Fehruary 20,2007, at 8:00 a.m., vested in:
HYLAND BUSINESS PARK, LLC,
an Oregon limited liability company
Subject only to the exceptions shown herein and to the terms, conditions and exceptions
contained in the policy form. No liability is assumed until a full premium has been paid.
D '.
. ate Received') -j,; -6 ..
Planner: DR'- u L
C ONTlNUED
"IN OUR BUSlNESS,YOU MATTER MOST"
www.evelgleenlandtitle.cOln
fEB: 28. 2007 9: 35AM
ELT - 50919
Page 2
EV REEN LAND TITLE CO
NO. 3732 P. 3
SCHEllULE B
GENERAL EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of IlllY taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records,
2. Facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or
exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts
which a correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law Illld not shown by the public
records.
CURRENT EXcJl..r uONS
6, Rights of the public in any portion of said premises lying within the limits of streets, roads
and highways.
7. Line of Credit Deed of Trust, including the terms and provisions thereof, executed by
Hyland Business Park, LLC., an Oregon limited liability company, as Grantor(s), to Barbara
Shields, Attorney at Law, as Trustee, for the benefit of Pacific Continental Bank, as
Beneficiary, Dated October 31, 2005, Recorded October 31, 2005, Reception No. 2005-
086955, Official Records of Lane County, Oregon, given to secure payment of a Note for
$590,000.00.
8. Assignment of Rents, as additional security for the payment of the indebtedness secured. by
the Deed of Trust as Exception No.9 herein, which assignment was executed by Hyland
Business Park, LLC., an Oregon limited liability company, to Pacific Continental Bank, by
instrument Recorded October 31, 2005, Reception No. 2005-086956, Lane County Oregon
Records.
9. V.C.C. Financing Statement, including the terms and provisions thereof, between Hyland
Blllliness Park, LLC, Debtor, and Pacific Continental Bank, Secured Party, by instrument
Recorded October 31, 2005, Reception No. 2005-086957, Lane County Oregon Records.
CONTINUED
Date Re' '--::::>.:s ~
PI ce,ved:' /6'-'--'
anner: DR. - .~
. ';-",
FEB. 2a 2007 9:35AM
ELT - 50919
Page 3
EV 'REEN LAND TITLE CO
NO. 3732 P. 4
10. Leases, as disclosed by Lane County Tax Assessor's Rolls.
11. Memorandum of Option, including the tenns and provisions thereof, between Hyland
Business Park, LLC, an Oregon limited liability company, and PeaceHealth, a Washington non-
profit curporation, by instrument Dated June 10,2006, Recorded June 14, 2006, Reception No.
2006-041360, Lane County Oregon Records.
12. Any rights, interest or claims which may exist or arise by reason of the following facts
shown by survey done by KPFF Consulting Engineers dated November 30, 2006, Job No.
306226-00, and by drive-by illBpection done by Joseph M. Silence on December 17, 2006
affects any adverse possessiollB along the West boundary fence line. Said fence line does not
follow the surveyed boundary line.
13. Any encroachments, unrecorded easements, violations of conditions, covenants and
restrictions, and any other matters which would be disclosed by a correct survey.
14. Proof that there are no parties in possession, or claiming to be in other than above vestees.
15. Any statutory liens for labor or material, which have now gained or hereafter may gain
priority over the lien of the insured mortgage, which liens do not 110W appear oftecord.
NOTE: Taxes, Map No. 17-02-32-00-00400, Code 19-00, Account No. 0126134, 2006-2007,
$4,529.14, paid in full.
Taxes, Map No. 17-02-32-00-00400, Code 19-00, Account No. 1505955,2006-2007, $158.12,
paid in full. (Assessed to 3M National Advertising Co.)
NOTE: The address of the property to be insured herein is: 4490 MAIN STREET,
SPRINGFIELD, OREGON 97478.
NOTE: A JUDGEMENT/LIENIBANKRUPTCY SEARCH was done for the name(s)
HYLAND BUSINESS PARK, LLC, PEACEHEALTII, and as of February 20, 2007, none
were found.
NOTE: As ofPebruary 20, 2007, there are no liens for the City of Springfield.
INFORMATIONAL NOTE: Our examination:finds an appurtenant easement for sewer line,
utilities and ingress/egress by instrument Recorded January 20, 1982, Reception No. 82-01945,
Official Records for Lane County, Oregon. Should insurance of the Easement be desired, an
additional charge will be made.
CONTINUED
Date tteceived: T.-/ (-07
Planner: DR
FEB. 28, 2007 9:36AM
ELT - 50919
Page 4
E\ REEN LAND TITLE CO
NO, 3732 p, 5
INFORMATIONAL NOTE: The vesting deed and changes within the last 24 months are as
follows:
W ARR.ANTY UJ:,);',U RECORDED October 18, 2005, FROM RAYMOND L. REXIUS AND
ARLENE REXIUS, TRUSTEES OF THE RAYMOND REXIUS. AND ARLENE REXIUS
CHARlT ABLE REMAINER UNITRUST U1D AUGUST 31, 2005, TO HYLAND
BUSINESS PARK, LLC, AN OREGON LIMITED LIABILITY COMPANY, RECEPTION
NO. 2005-082920.
BARGAIN AND SALE unnu RECORDED September 15', 2005, FROM RAYMOND 1.
REXIUS, TO RAYMOND L. REXIUS AND ARLENE REXIUS, TRUSTEES OF THE
RAYMOND REXIUS AND ARLENE REXIUS CHARITABLE REMAINDER UNITRUST,
UID AUGUST 31,2005, RECEPTION NO. 2005-072971.
BARGAIN AND SALE DEED RECORDED December 27, 2000, FROM PROPERTIES
NORTHWEST, A LIMITED PARTNERSHIP, AN OREGON LIMITED PARTNERSIDP, TO
RAYMOND 1. REXIUS, RECEPTION NO. 2000-073084.
NOTE: SUPPLEMENTED TO UPDATE REPORT AND ADD APPURTENANT
EASEMENT NO. 82-01945.
Very truly yours,
EVERGREEN LAND TITLE COMPANY
HOME OFFICE
~'__"'-~7 '
...---
. ~--'
Joseph M. SI ence
Title Officer
CC: Campbell Conunercial Real Estate
Attn: Tim (Fax No. 484-0666)
CC; Hyland Business Park LLC
Attn; Shaun Hyland
CC: PeaceHealth
Attn: Jim Werfelman
CC: PeaceHealth
Attn: Roger Saydack (Fax: 434-7486)
NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND
PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM
CANCELLATION FEE OF $200.00 WILL BE CHARGED.
Date Received..7) v-/ {O?
Planner: DR- . :".' "w
FEB. 28, 2007 9: 36AM
ELT - 50919
Page 1 of!
Legal Description
EIREEN LAND TITLE CO
NO, 3732 P. 6
,;.
EXHIBIT A
Beginning ata point being North 890 S7' 45" West 1351.02 feet and South 00 13' 17" West
803.3 feet from the Northeast comer of the T. D. Edwards Donation Land Claim. No. 55,
Township 17 South, Range 2 West of the Willarnette Meridian; tlience South 0013' 17" West
488.98 feet to the centerline of the McKenzie Highway No. 126; thence along said centerline
North 89044' West 420.12 feet; thence leaving said centerline North 00 18' 47" East 158.00
feet; thence North 890 44' West 96 feet to a point on the Westerly boundary line of that tract of
land conveyed to George D. Smith by instrument recorded in Book 160, Page 447, Reception
No. 95229, Lane County Oregon Deed Records; thence following said Westerly boundary line
North O. 18' 47" East 334.35 feet; thence South 890 44' East 515.4 feet to the Point of
Beginning, in Lane County, Oregon.
. .,
Date Received' ') -'/;{~-{J7
Planner: DR
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THIS MAP IS TO ASSIST
LOCATING PROPERTY
THE COMPANY ASSUMES NO
LIABILITY FOR INACCURACIES.
02 O~21 cOUITI!SY OF SEE MAP 18 02 05 12
W + G EV!IG..EiN LA.<D linE cO
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Date Received; ? ~I ( ~07
Planner: DR -..
FEB. 28. 2007 9: 36AM
EY REEN LAND TITLE CO
NO. 3732 P. 8
Privacy Policy Notice
As adopted July 1,2001
Evergreen Land Title Company
Private Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (OLBA) generully prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personallnf(lrmation about you with a nonaffiliated third party
unless the institution provides you with a notice of its privacy policies and practices, such as the type of
information that it collects about you and the categories of persons or entities to whom it may be dil:;closed,
In compliance with the GLBA, we are providing you with this document, whioh notifies you oftha privacy
policies and practices of Evergreen Land Title Company.
We may collect nonpublic petsonal information about you from the fullowing sources:
. Information we receive from YOII, such as on. applications or ether forms.
. Information about your transactions we secure from ourf'lles, or from our affiliates or others.
. Information -we receive from a consumer reportlng"agenoy.
. Infonnation that we receiVll from others involved in.your transaction; such as the real estate agent or lender.
Unles~ it is specifioally stated otherwise in an amended Privacy Policy Notice, IJ:O additional nonp\1blie. personal
infonnation will be colleote.d about you.
We may disclose any'of.the above infofllurtion that we collect about our customers or former customers to our
affiliates or to nonaffIliated third parties as peDllitted by law.
We also may disclose this information about our cUlItomers or funner. C\lstomers to the following typ~ of nonaffiliated
oompanies that perform marketing serviccs on our behalf or with v.;hom we have joint marketing agreements:
. Financial service providers such as companies rogllged in banki)lg, consumer finance, securities and insurance.
. Non-financial companiCll such as ebvelope.stuffcrs and ollicr fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLlC PERSONA1.INFORMATION .ABout YOUWITIt ANYONE FOR ,
ANY PURPOSE THAT IS NOT SPECIFICALLY PElU.1111~U BY LAW. .
We restrict access to nonpublic personal information ahoutyou to those employees who need to know that inf{)nnatioll'
in order"to provi~ products or scrvices.to you. We maintain physical, electronic and procedural safeguards that
comply with. federal regulations to guard your nonpublic personal information.
Date Received: "5 - I{-oj
Planner: DR -
I!FEB. 28. 200711 9: 36M~ ;'Ii!E' .
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KNOW ML "'~N' BY THJ!:se P~SSRNTSr R~XltlS PU~L SFiAVIC'I3. tl
p~rtnenhlp compQsad QE 1tilVI\IOnn T.. nexiUG, 11.\IC\I'in u. Tiedulli,
June Ruill' Sutton and IIl!XilJ~ Forero!; [H~Oduct;~, r..td., ftn OU9'on
liftlltad putnershilJ, l'1erdl'l.llftlic c~llQ" Gtl1MtO:r, convoys .enel
Iipealzl11y ."arl:Bn~s to Ghn L. lIe!ner, nerdn Calhc1 Qr.onteQ,
the lollqwin9 dQscribed teal pro~ertv freG of encumbtonceq
cte.ta4 or sutfecq~ by r.r~ntof e.ce~t as BP~Qilic~lly s~t ~orth
herein, sltu~ted in Lane cou~tr, Oreqon, to vit;
rJe'll.nnihg al: a J;loll1t balnqiNorth 89' 57' 45" Nut 1351.02
E4~t onO South O. I)' 17- He&t 803.3 feet; from the ~orth-
epst (:otl'10r Dr the 7'. D, edlfa'i-r;'t.s non.ticn r..,ntl 1:1ai11
NO, 55, Township 17 SDu~h, J'cllngG 2: !lint DC the:! WillulDP:tt,@
Ml:!rid1.on. thencQ ~ou~h 0' 131 17" Heflt 488.98 reet to tho
contedine of the NO'J(en,lo IllqhWbV No. 126, t.honce along
nH centQl:lillt: NOrth 899 ~41 l"nt 5l<i.12 fCl!tJ thOhP~
leaving Bde! c:entel.'line ~orth 0' IBI 47" 'f.:1Isl:. 492.35 hetj
thencQ B~uth B9' 44' 6Dti~ 51S.4 fCQt to the ~oint of
bC!!gio1l1n'J in 'Lane County, oregon, eXC'l,i;flTLNG THERII~~OM I=.ha
t:ollowing:
Beqlnnih'Cj at a pD1n~ be1ng ~Drth 89' S1104S~ Weat' :P.J6Uo~,~rlz..r,,1
fee~ and Sou~h O' 13' 17- Wes~ 1I03.J feH from I;h~ Notth-
eDilt cDtller of ths '1', D. F;d'r{llrdEi lJono!ll:~on.l.a[}(I claim Qo.
55, Town~hln 17 Routh, ~aflg~ 2 WP.~t of t~e H111amett~
Het~dhnj !:hance South 0' 13' 17" West 498.98 ft!et to tile
c4!n1:erUnQ of th MCKClhde ~11~hwllV No. .l26. thenCe ahmi)'
sD1d c!:!nf:.erUne Nort.h 89. .H' Wu;t 420.12 E~e:~J . thenc:~
haying said QCnt.erl1M North 0' U' 47" 'illl~t 158.00 eQ9t:
thGhCt: North 6P 44' WUt 96 feet to a poiflt on tha
We~tarly bound~~v lint of thG ~bave ~~Bct1bed narceJi
thenC:9 follo....intj .",1d tiestGtly bOUndary lioe WortH' 0" 181
47u 13ut 334.35 feee: thencc aOLlth 89. 441 eii'at: S'l5.4. hCi!t
to the point Qf be9innirig lh ~~ne County, Or~9on,
llBSI3RVItlG IJnto Gtantoc, ih.dt he:1rti r fll,lCC(!!iijOfS ~n~
~ssl~n6 eor~ver an ~~e~m.nt cvnr hhc most P.Qijt9rlv l~ fqet
of the above C1eat;:ribed 1?t:oDerty'to he us~d fot inatelllng
~ Stl'r(l!t Uno and othet utilHhu; to aGrv~ thr: t)r-opartv
il~l:i(:db~d in th~ l;oregOing UC:I!Dt:!on, rmd t.o be Vi(!d for
in9rel:is t.Q And l;!grau from 5ucfl PCrlPIUCY.'
l1'be add f'toJilert,y h: free oE ~ll Ql'Icumbr~nces ct'eateCl Ot
Hulfe:ted by the: Grsfltor excc~~:
1. ^11 ciqhts, 1hn.s ane enCUlllbrBnC!u cce~t:p.d by
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stor~ drai" a~Be~Gnt g~lntea tha Ci~y of Spr1ngEitld
by inGtrument recotde~ Hay 25, 1966, ~dcept1on NQ,
48436, Lane County oregon D~ed RGCOrds,
3. hs~ments r cQncUtiorls and I:Gstdct.!onlJ ot cecord,
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4.
Baqeml!'!ni: fcservec1 he,.revnder.
The trl.U! cQns1derathm fot' this conveyance
DI\'t'P'1) this ~s:Jde.v of hbl:l:Jary" 1977.
Unt:ll a cl'ull'\qe is r':lque"t~d, ijlll tax ~tlltel'll~rlt~ aholl b.,.
sent to th~ following ~ddress: G~on L. notner, 4260 6~lth way,
Sptinqfi~ld, Oregon 91~11.
Iii UOfOOO.
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RETURN TO CASCADE TITLE
DlvlsiDn of Chief D.p~.i CJ.~k
Lane Counly Deeds and R.~ords
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CASCADE
TITL.E
CO.
111/11111 1111111111/1/1111//1 """1111111111111
'0747359200500829200010018
10/18/2005 03:48:19 PM
CASHIER 02
RPR-DEED Cnt:l Sln:7
$3.00 $11.00 $10.00
TITLE NO. 0247607 SW"\
ESCROW NO. EU05-3193
TAX ACer. NO.
MAPrrAX LOT NQ.
11 -0 ~-'2-- 1ll-ICb
n_ol.-3l-l-f'1oo-4o{
WARRANTY DEED -- STATUTORY FORM
RAYMOND L. REXIUS AND ARLENE REXIUS, Trustees of THE RAYMOND REXIUS AND ARLENE
REXIUS CHARITABLE REMAINER UNITRUST utd August 31, 2005, Grantor,
conveys and warrants to
HYLAND BUSINESS PARK, LLC, An Oregon Limited Liability Company,. Grantee,
the following described real property free of encwnbrances except as specifically set forth herein:
Beginning at a point being North 89' 57' 45" West 1351.02 feet and South O. 13'
17" West 803.3 feet from the Northeast corner of the T. D. Edwards Donation Land
Claim No. 55, Township 17 South, Range 2 West of the willamette Meridian; thence
South 0" 13' 17" West 488.98 feet to the centerline of the McKenzie Highway No.
126; thence along said centerline North 89" 44' West 420.12 feet; thence leaving
said centerline North 0" 18' 47" East 158.00 feet; thence North 89" 44' West 96
feet to a point on the Westerly boundary line of the above described parcel;
thence following said Westerly boundary line North 0" 18' 47" East 334.35 feet,
thence South 89" 44' East 515.4 feet to the point of beginning, in Lane County,
Oregon.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT
IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LA WSUlTS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930.
Except the following encumbrances: 2005/2006 REAL PROPERTY TAXES
The true consideration for this conveyance is $831,000.00 AS PAID BYITO AN
ACCOMMODATOR PURS~AN TO IRC 1031.
-d . /
Dated this / / day of L- ?CJO:S'
REX~USC TIABLETR~ST UGUST3t,2005
- t1~ '
BY: ~'" -,.' ~ 1Z....{ #. '~4-
RA 6N'O L REXIUS, i . fEE
BY, (7 0 . <C? ...,/
ARLENE REXIUS, TRUSTEE
State of Oregon
County of LANE
&/ /1,
, 2005 by RAYMOND L REXIUS
IV AND ARLENE REXIVS CHARlT ABLE
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'~' - OFFlCIALSEAL
: SUNNYl MAlO"(
. .... 'i NOTARV.PU BUC-OREGON
... / COMMlSSION NO. 385327
.... . It/COlIl<ISSIOIlElI'lRESiO'YUIBlIl.'.!008
//~c---" ~~.-..-/
\j (Notary P)d)jic for Oregon) . / /
My commission expires II k ~6'
REXIUS CHARTlABLE TRUST UTD
AUGUST 31. 2005
_2742 CHAMBERS
Until a change is. r~quested
all tax statements shall be ~/J -I h
<j'N/lk,,-: ./
/'i'f/.A .(4<11-"- ,,--
0/"mjuk/ /, Of "77"77
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141 PeaceHealth
March 15, 2007
Zone Change Application
Written Explanation of the Proposal
Applicant:
PeaceHealth Oregon Region
770 E. 11 th Avenue
P.O. Box 1479
Eugene, Oregon 97440
Property Owners:
Hyland Business Park, LLC (Tax Lot 400)
1941-A Laura Street
Springfield, OR 97477
Attn: Shaun Hyland
(541) 726-8081
Andrew Head (Tax Lot 402)
1616 Ardendale Ln.
Eugene, OR 97405
(541) 521c3403
Applicant's
Representative:
Philip Farrington, AICP
Director, Land Use Planning & Development
PeaceHealth Oregon Region
123 International Way
Springfield, Oregon 97477
(541) 686-3828 * Fax (541) 335-2595
pfarrington@peacehealth.org
/
1.0 Land Use Request
PeaceHealth Oregon Region (the "Applicant") requests approval to change the zoning
classification on the City's zoning map from Light Medium Industrial ("LMI") to
Community Commercial ("CC") for approximately 5.24 acres identified as Tax Lots 400
and 402 on Assessor's Map No. 17-02-32-00. This same acreage on the site is being
proposed for a concurrent amendment to the Metro Plan diagram (which automatically
also amends the East Main Refinement Plan diagram) from LMI to CC, as allowed in
Springfield Development Code ("SDC") 12.020 (I)(a)!.
Date Received:
Planner: DR
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Page 2
Zone Change Application
PeaceHealth Oregon Region
March IS. 2007
The area subject to the proposed rezoning is mapped on Attachment A, and is referred to
collectively in this application as the "subject properties" or "site."
2.0 Project Purpose
The Applicant seeks to rezone (and through concurrent application, redesignate) the
subject properties to CC so they may be developed for commercial uses (i.e., Tax Lot
400), including a possible future medical clinic which could serve residents in the
growing east Springfield area, and to be allowed to continue long-standing commercial
operations (i.e., Tax Lot 402). Approval of this land use request would preserve
employment and existing viable commercial operations on Tax Lot 402, and create stable
family-wage employment opportunities on Tax Lot 400 - a vacant and underused
industrial site. The proposal would also help beautify this portion of Main Street from its
traditional industrial yard uses, and future development would provide a superior buffer
for residential uses to the west than currentl y exists.
As described in later sections ofthis narrative the proposal is consistent with East Main
Refinement Plan (EMRP) and the Metro Plan as required by approval criteria in SDC
12.030. In particular, this request - when considered with the concurrently submitted
Metro Plan diagram amendment (and automatic EMRP diagram amendment) - complies
with EMRP Policy 2: "Apply site-specific Commercial refinement plan designations to
clearly define the limits of new commercial uses where there is not an existing, legally
established, and beneficial mixing of uses." (pg. 12) The proposal to allow for a broader,
more beneficial range of commercial and employment-generating uses on the subject
properties. It would also improve the area and better distinguish and buffer adjacent
residential and industrial business park uses.
3.0 Site Context
The subject properties include a currently vacant, flat parcel (Tax Lot 400) and existing
commercial development (Tax Lot 402) east of 44th Street along Main Street in east
Springfield. The site is bordered on the south by Main Street, on the east by the Hyland
Business Park, on the north by an open area south of the Weyerhaeuser mill site (Tax Lot
400) or an existing commercially zoned parcel (Tax Lot 402), and on the west by other
small-scale commercial enterprises (e.g., a cabinet shop and karate school) fronting Main
Street and residential homes along 44th Street west of Tax Lot 400. Commercial
enterprises are located immediately south of the site across Main Street (e.g., Gray's
Garden Center).
While historically involved in agricultural uses, since around 1990 Tax Lot 400 was used
as a storage and sales yard for landscape organics and forest by-products. The current
property owners also used the site to store modular construction offices, tool trailers,
construction equipment and concrete form plywood. Tax Lot 402 has had various
commercial services on site since the 1950s.
Zone Change Application
PeaceHea1th Oregon Region
March 15.2007
Page 3
The properties have no jurisdictional wetlands or inventoried Goal 5 natural or historic
resources. The site is within the Springfield Urban Growth Boundary, and both parcels
were annexed into the City of Springfield in 1960. The EMRP diagram (adopted in
1988) currently designates the subject property for industrial uses.
The abutting property to the east is designated Light/Medium Industrial in the EMRP
diagram and zoned LML The areas immediately to the west and south of the site fronting
Main Street are identified as being within Mixed-Use Area #2 in the EMRP, and are all
zoned Community Commercial. Property to the west of Tax Lot 400 along 44th Street is
zoned and designated Medium Density Residential.
4.0 Applicable Approval Criteria
Zone change proposals are evaluated according to the criteria of approval contained
within SDC 12.030 (3), which requires:
I. Consistency with applicable Metro Plan policies and the Plan
Diagram;
2. Consistency with applicable Refinement Plans, Plan District maps,
Conceptual Development Plans and functional plans; and
3. That the property is provided with adequate public facilities, services
and transportation networks to support the use, or will be provided
concurrent with property development.
Legislative zone map amendments are also required to show that they meet the
criteria for Plan amendments outlined in SDC Article 7, and that it complies with
the state Transportation Planning Rule (OAR 660-012-0060), where applicable.
Findings demonstrating consistency with the approval criteria are outlined below.
4.1 Consistency with Metro Plan Text and Diagram
Consistent with SDC 12.030 (3)(a), this narrative only addresses those policies that apply
to the proposal, and does not discuss those portions of the Metro Plan that: (I) apply only
to rural or other lands outside of the urban growth boundary, (2) apply to land uses other
than the current or proposed designations for the site and will not be affected by the
proposed Plan diagram and text amendments, or (3) clearly apply only to specific
development applications (e.g., site plan review submittals or subdivisions). In many
instances the goals, policies and implementation measures apply to specific development
proposals that will be addressed through compliance with applicable City regulations
during site plan review of a given future development proposal.
Except for the Growth Management Goals, which are addressed below, each of the Metro
Plan policies are addressed in the order in which they appear in the Plan Element section
of the Metro Plan.
Zone Change Application
PeaceHealth Oregon Region
March 15. 2007
Page 4
4.1.1 Metro Plan Elements
1. Growth Management
Policies
1. The urban growth boundary and sequential development shall
continue to be implemented as an essential means to achieve
compact urban growth. Provision of all urban services shall be
concentrated inside the urban growth boundary.
The proposal satisfies this policy because the subject property is inside the UGB and city
limits and as such, encourages compact urban growth. Also, urban services are available
at sufficient levels to accommodate the existing and future infill development resulting
approval of from this application. The City's site plan review processes ensure that the
appropriate level of services is available to serve future development.
2. Residential Land Use and Housing Element
Policies
A.ll Generally locate higher density residential development near
employment or commercial services, in proximity to major
transportation systems or within transportation-efficient nodes.
The proposed redesignation does not affect the inventory or availability of residentially
designated or zoned land, including the single-family residential area abutting Tax Lot
400 that is zoned and designated for Medium Density Residential, or higher density
residential developments located east of the site along Main Street.
However, approval of the requested redesignation to Community Commercial would
allow for residential areas proximate to the subject area to have close and efficient access
to existing commercial services on Tax Lot 402 and to future medical facilities proposed
for Tax Lot 400, consistent with the above policy. The areas proposed for redesignation
offer existing and future employment opportunities and provide commercial services
along a major transportation system that can support the needs of nearby residential
development.
A.22 Expand opportunities for a mix of uses in newly developing areas
and existing neighborhoods through local zoning and development
regulations.
The proposed map amendment and zone change will allow for existing commercial uses
on Tax Lot 402 to continue to serve existing neighborhoods in the mid- and east-
Springfield area, and for future clinical facilities to be developed to serve this rapidly
growing area of the community. Approving the request would expand commercial
opportunities to serve these neighborhoods consistent with the above policy.
Zone Change Application
PeaceHealth Oregon Region
March IS. 2007
Page 5
3. Economic Element
Policies
B.I Demonstrate a positive interest in existing and new industries,
e~pecially those providing above-above wage and salary levels, and
increased variety of job opportunities, a rise in the standard of living,
and utilization of our existing comparative advantage in the level of
education and skill of the resident labor force.
The proposal is consistent with this policy because it will allow medical clinic uses to be
developed to serve growing areas in east and south Springfield. As is observed in the
Springfield Commercial Lands Study (pp. 27, 29), employment in health services is
growing and approving the requested redesignation and zone change will enable
increased job opportunities with higher than average wages thereby raising the standard
of living and meeting the needs of Springfield citizens, consistent with the above policy.
B.2 Encourage economic development which utilizes local and imported
capital, entrepreneurial skills, and the resident labor force.
The construction of and the use of commercial and medical uses will utilize both local
and imported capital and will employ the local labor force in a variety of skilled,
semi-skilled, and unskilled positions, consistent with this policy.
B.6 Increase the amount of undeveloped land zoned for light industry
and commercial uses correlating the effective supply in terms of
suitability and availability with the projections of demand.
The proposal will add approximately 5.24 acres of Community Commercial land,
consistent with recommendations to increase the commercial lands inventory made in the
Springfield Commercial Lands Study. The SCLS and acknowledged metropolitan
Industrial Lands Study concluded that there is a deficit of needed commercial land, and a
surplus of industrially zoned and designated land. Approval of the requested
redesignation and zone change will not cause the inventory of needed industrial land to
go into a deficit, but in fact would be consistent with the above policy. The proposal
correlates the need, suitability, and availability of the subject site for commercial uses
with the need for such uses as demonstrated in the adopted SCLS.
B.II Encourage economic activities which strengthen the metropolitan
area's position as a regional distribution, trade, health, and service
center.
The amendment will facilitate the development of medical uses that will serve the needs
of the growing residential areas in east, south and southeast Springfield, and strengthen
the metropolitan area's position as a premier locale for healthcare services, consistent
with this policy objective.
Zone Change Application
PeaceHealth Oregon Region
March 15.2007
Page 6
6. Environmental Design Element
Policies
E.l In order to promote the greatest possible degree of diversity, a broad
variety of commercial, residential, and recreational land uses shall be
encouraged when consistent with other planning policies.
Approval of the proposed map amendments will add just over 5 acres into the City's
inventory of commercially designated and zoned land, thereby allowing for a variety of
needed commercial uses to occur on the subject property. Long-standing existing
commercial services on Tax Lot 402 would be allowed to continue without the specter of
being considered non-conforming uses, and Tax Lot 400 could be developed with
medical services that will serve the needs of the growing residential areas east and south
of the subject site, consistent with the above policy.
7. Transportation Element
Land Use Policies
F.3 Provide for transit-supportive land use patterns and development,
including higher intensity, transit-oriented development along major
transit corridors and near transit stations; medium- and high-density
residential development within one-quarter mile of transit stations,
major transit corridors, employment centers, and downtown areas; and
development and redevelopment in designated areas that are or could be
well served by existing or planned transit.
The proposal will enable land use patterns and development consistent with the above
policy. Approval of the requested zone change (and concurrent redesignation) will allow
for higher intensity development along Main Street, a major transit corridor. An existing
LTD stop is located on the frontage of Tax Lot 400 (see photo, pg. 2, Appendix A of the
TIA), and will provide convenient access to existing and projected employment on the
subject site, as well as access for patients to future out-patient medical facilities projected
on Tax Lot 400.
Transportation System Improvements: Roadways Policies
F.15 Motor vehicle level of service policy:
a. Use motor vehicle level of service standards to maintain acceptable
and reliable performance on the roadway system. These standards
shall be usedfor:
(1) Identifying capacity deficiencies on the roadway system.
(2) Evaluating the impacts on roadways of amendments to
transportation plans, acknowledged comprehensive plans and
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PeaceHealth Oregon Region
March IS. 2007
Page 7
land-use regulations, pursuant to the TPR (OAR 660-012-
0060).
(3) Evaluating development applications for consistency with the
land-use regulations of the applicable local government
jurisdiction.
b. Acceptable and reliable performance is defined by the following
levels of service under peak hour traffic conditions: LOS E within
Eugene's Central Area Transportation Study (CA TS) area, and
LOS D elsewhere.
c. Performance standards from the OHP shall be applied on state
facilities in the Eugene-Springfield metropolitan area.
In some cases, the level of service may be substandard. The local
government jurisdiction may find that tramportation system
improvements to bring performance up to standard within the planning
horizon may not be feasible, and safety will not be compromised, and
broader community goals would be better served by allowing a
substandard level of service. The limitation on the feasibility of a
transportation system improvement may arise from severe constraints,
including but not limited to environmental conditions, lack of public
agency financial resources, or land use constraint factors. It is not the
intent of TSI Raodway Policy #2: Motor Vehicle Level of Service to
require deferral of development in such cases. The intent is to defer
motor vehicle capacity increasing transportation improvements until
existing constraints can be overcome or develop an alternative mix of
strategies (such as: land use measures, TDM, short-term safety
improvements) to address the problem.
Subsection a.(2) in the above policy requires an evaluation of the proposal pursuant to the
state Transportation Planning Rule (TPR). The accompanying Traffic Impact Analysis
provides the factual basis to determine that the proposed redesignation would not result in
a "significant effect" as defined under the TPR (OAR 660-012-0060(1)).
Specifically, the proposal does not change the functional classification of Main Street or
any other nearby roadway, nor does it change the standards for implementing the City's
functional classification system of roadways, as identified in the Regional Transportation
Plan. As demonstrated in the TIA, the proposal also does not:
o Result in types or levels of traffic or access that are inconsistent with the functional
classification of Main Street or any other nearby roadway;
o Reduce performance of traffic on Main Street or other affected intersections to a level
that is below acceptable established performance standards; or
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PeaceHealth Oregon Region
March 15. 2007
Page 8
o Make performance of existing facilities worse (i.e., below acceptable mobility
standards) than would be the case other uses permitted under existing designations or
zomng.
Additional TPR findings are further located in the TIA, see pp. 31-32. Because the
proposal does not result in a "significant effect" as established by applicable OARs, no
further TPR analysis is required. The request is therefore consistent with the above
policy.
8. Public Facilities and Service Element
Policies
G.] Extend the minimum level and full range of key urban
facilities and services in an orderly and efficient manner consistent
with the growth management policies in Chapter II-B, relevant
policies in this chapter and other Metro Plan policies.
The subject property is located in Springfield's city limits UGB. All necessary
infrastructure and key urban facilities/services are present to serve existing development
(Tax Lot 402) or are available to serve future infill development on Tax Lot 400.
Therefore, the proposal is consistent with the above policy.
9. Parks and Recreation Facilities Element Policies
Policies in this element of the Metro Plan are not relevant to the requested zone change.
10. Historic Preservation Element Policies
Policies in this element of the Metro Plan are not relevant to the requested zone change.
11. Energy Element Policies
Policies in this element of the Metro Plan are not relevant to the requested zone change.
Zone Change Application
PeaceHealth Oregon Region
March 15. 2007
Page 9
4.2 Consistency with East Main Refinement Plan
The following demonstrates how the proposal is consistent with applicable policies in the
East Main Refinement Plan (EMRP).
1. Mixed-Use Element
Policy 2) Area #2
A) The following land uses are allowed under Community Commercial
zoning:
All Communitv Commercial uses subject to Article 18 of the
Springfield Development Code.
The proposal requests rezoning the subject properties from LMl to Community
Commercial (and concurrently redesignating the properties to CC), as the above policy
and other EMRP policies allow. Approval of the request would allow long-standing
existing commercial uses on Tax Lot 402 to continue as permitted under Article 18, and
consistent with neighboring uses to the west and south, which are also zoned and
designated for commercial uses.
2. Commercial Element
Criteria for Commercial Refinement Plan Desirmation
1. Generally, the Community Commercial refinement plan designation
shall be applied under the following circumstances:
A) where it is not an intrusion into well-maintained residential
neighborhoods;
The area proposed for rezoning does not intrude into the existing residential area
west of the subject site along 44th Street, and is therefore consistent with the
above criterion.
B) where it does not increase conflict between Low Density
Residential and Commercial;
Although the abutting residential area is zoned Medium Density Residential, it is
developed in low-density residential uses. Approval of the proposed rezoning of
the subject sites would actually result in a decrease of conflicts between abutting
residential and non-residential land uses by allowing future infill development on
Tax Lot 400, and through the site plan review process establishing improved
landscaped buffers and a use more compatible than the industrial uses that
historically abutting this residential area.
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PeaceHealth Oregon Region
March 15.2007
Page 10
C) where criteria for designating Medium Density Residential
land does not apply;
Criteria for designating MDR land does not apply to the subject site.
D) where legally created commercial uses exist;
Tax Lot 402 has existing, long-standing commercial uses that were legally created
prior to development of the Metro Plan or EMRP. Tax Lot 400 has had a variety
of commercial services located on-site over the years.
E) where adequate customer and service access to an arterial
street can be provided; ... and
The subject site has adequate legal access onto Main Street, which is classified as
an arterial street.
F) where designated Commercial on the Metro Plan Diagram.
Approval of the concurrently submitted Plan diagram amendment application
would result in a Commercial designation on the Metro Plan diagram, which
would also automatically modifY the designation on the EMRP diagram.
Policy 2) Apply site-specific Commercial refinement plan designations
to clearly define the limits of new commercial uses where there is not an
existing, legally established, and beneficial mixing of uses.
Approval of the concurrently requested redesignation would apply Commercial plan
designations to the subject properties, allowing the existing, legally established
commercial uses on Tax Lot 402 to continue. It would also enable commercial uses to be
established on Tax Lot 400, thereby defining the limits of new commercial uses between
the pre-existing commercial uses on Tax Lot 402 and others to the west, and the
developed industrial business park to the east. Tax Lot 400 does not have an existing or
beneficial mix of uses, but has historically housed industrial yard-type operations.
Therefore, approval of the proposal would define the limits of new commercial uses as
called for in the above policy, and also provide the ability to make superior buffering and
other improvements associated with future development on Tax Lot 400 through the site
plan review process.
Policy 3) Reduce the number of vehicular access points and require the
rebuilding of curbs and installation of sidewalks and street trees along
Main Street, through the Site Plan Review process and in public
improvement projects.
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PeaceHealth Oregon Region
March 15. 2007
Page 11
The proposal would result in reducing the number of existing access points as required
above. Through the Site Plan Review process, future development on Tax Lot 400 will
have a single driveway access onto Main Street, eliminating one of the two existing curb
cuts on this site. Sidewalks and street trees are already located along its Main Street
frontage, consistent with the above policy.
Policy 4) Provide buffering between commercial and residential uses
through Article 31 of the Springfield Development Code, Site Plan
Review process.
Existing residential uses along the east side of 44th Street have had no real buffer from
pre-existing industrial uses on Tax Lot 400. Approval of the proposal would allow for
attractive intill development of future medical facilities that would provide (through the
SPR process) improved landscaped buffers between the future use and existing
residential area to the west - as required by Code, and consistent with the above policy.
3. Industrial Element
Policy 1) The City shall encourage efforts of various agencies to attract
new and retain existing jobs and businesses.
Imolementation
The City shall maintain a current inventory of vacant commercial and
industrial land and structures within the East Main area.
Consistent with the above policy, approval ofthe requested zone change and
redesignation will enable existing, long-standing jobs and businesses on Tax Lot 402 to
remain as legal, conforming land uses, and allow future development of new employment
on Tax Lot 400 with higher than average wages and employment densities than the
current designation and zoning allows.
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PeaceHealth Oregon Region
March 15. 2007
Page 12
4.3 Provision of Adequate Public Facilities
The subject properties were annexed into the Springfield corporate limits in 1960, and
therefore are provided with City police, fire, and other government services. Other basic
infrastructure is in place to serve existing development on Tax Lot 402 and any future
development on Tax Lot 400. Specifically, sanitary sewer, stormwater, and water lines
are all located along the site's Main Street frontage - all of which are adequate to serve
the needs of existing and/or future development on the subject site. Transportation
services are also readily available to serve existing and future development, as Main
Street is fully improved with curb, gutter, etc.
As indicated in the Traffic Impact Analysis accompanying the concurrently submitted
zone change and Metro Plan diagram amendment, approval ofthe proposal would not
result in a "significant effect" to the transportation system, and therefore is consistent
with the state Transportation Planning Rule. The TIA further demonstrates that existing
and future development under the proposed zone change has safe and efficient access and
circulation for vehicles, and also will benefit from the sidewalks, bike lanes, and transit
service existing on Main Street.
Therefore, the proposed zone change complies with the requirement for having adequate
public facilities and services to serve development, as established in SDC 12.030 (3).
4.4 Consistency with Approval Criteria in SDC Article 7
The proposed zone change is submitted concurrently with an application to amend the
Metro Plan diagram. The following findings are contained in the Plan diagram
amendment application, and also demonstrate that this proposal complies with Metro
Plan policies as required in SDC 7.070 (3) and with zone change approval criteria in SDC
12.030. Both the findings below relative to Goal 12 and those above pursuant to Metro
Plan Transportation Element policies address consistency with the state TPR, as called
for in SDC 12.030.
It should also be noted that approval of a Metro Plan diagram amendment also
correspondingly changes the applicable refinement plan (East Main Refinement Plan)
diagram, as established in SDC 7.110 (4).
Goall - Citizen Involvement
Goal I addresses the need to develop a citizen involvement program to ensure citizen
involvement in all phases of the land use planning process. The Planning Commission
and the City Council will hold public hearings and accept testimony on the proposaL
Through the procedures established by the city, citizens will receive notice of hearings in
generally published local papers and have the opportunity to be heard regarding the
proposed diagram amendment and zone change. Notice of the public hearings will also
be given in accordance with SDC requirements to nearby property owners, interested
parties requesting notice, and any established neighborhood organization. Since the
process complies with the City's citizen involvement program and citizens have
Zone Change Application
PeaceHealth Oregon Region
March IS. 2007
Page 13
opportunities to be involved in the procedure, the proposed plan and zone map
amendments are consistent with Goal I.
Goal 2 - Land Use Planning
Goal 2 requires that local comprehensive plans be consistent with the Goals, that local
comprehensive plans be internally consistent, and that implementing ordinances be
consistent with acknowledged comprehensive plans. Goal 2 also requires that land use
decisions be coordinated with affected jurisdictions and that they be supported by an
adequate factual base. As required in SDC 7.050, the City is required to give referral
notice of the proposed Type II Metro Plan diagram amendment to the City of Eugene and
Lane County so they may determine ifthere are grounds to participate as parties to the
hearing. The City also sends the statutorily required notice of the initial public hearing
45 days in advance to the state Department of Land Conservation and Development,
ensuring that they are given opportunity for comment and review conformity to
applicable statewide planning goals.
The Metro Plan and the SDC, as well as the Statewide Planning Goals and applicable
statutes, provide policies and criteria for the evaluation of comprehensive plan
amendment and zone change proposals. Compliance with these measures assures an
adequate factual base for approval ofthe proposals. As discussed elsewhere in this
document, the Plan diagram and zone map amendments are consistent with the Metro
Plan and the Goals. Consequently, by demonstrating such compliance, the proposal
satisfies the consistency element of Goal 2.
Goal 3 - Agricultural Lands
This goal is inapplicable because as provided in OAR 660-15-000(3), Goal 3 applies only
to rural agricultural lands. The subject properties are located within an acknowledged
urban growth boundary, are inside Springfield's corporate limits, and have not been in
agricultural use for decades.
Goal 4 - Forest Lands
Goal 4 does not apply within urban growth boundaries, per OAR 660-06-0020, and the
areas affected by the Plan amendments are inside Springfield's acknowledged UGB.
GoalS - Natural Resources
Goal 5 requires local governments to protect a variety of open space, scenic, historic, and
natural resource values. Goal 5 and its implementing rule, OAR Ch. 660, Division 16,
require planning jurisdictions, at acknowledgment and as a part of periodic review, to
(I) identify such resources;
(2) determine their quality, quantity, and location;
(3) identify conflicting uses;
Zone Change Application
PeaceHealth Oregon Region
March 15.2007
Page 14
(4) examine the economic, social, environmental, and energy
(ESEE) consequences that could result from allowing,
limiting, or prohibiting the conflicting uses; and
(5) develop programs to resolve the conflicts.
The subject properties are not on Springfield's acknowledged Metro Plan Goal 5
inventory. No threatened or endangered species have been inventoried on the site, and no
archeological or significant historical inventoried resources are located on the site. The
National Wetland Inventory and Springfield Local Wetland Inventory maps have been
consulted and there are no jurisdictional wetlands located on the site. Therefore, the
proposal does not alter the City's compliance with Goal 5.
Goal 6 - Air, Water, and Land Resources Quality
The purpose of Goal 6 is to maintain and improve the quality of the air, water and land
resources ofthe state. Generally, Goal 6 requires that development comply with
applicable state and federal air and water quality standards. In the context of the
proposed Metro Plan diagram amendment and zone change, Goal 6 requires that the
applicant demonstrate that it is reasonable to expect that applicable state and federal
environmental quality standards can be met.
Though Tax Lot 400 has been used for low-value storage and quasi-industrial uses, the
site is not listed on any state or local environmental clean-up list. A Phase 1
environmental assessment on the subject property was conducted and recommended
additional analysis. Upon recommendations through the Phase 2 environmental
assessment a nominal quantity of soil (less than 10 cy) impacted by earlierlhistoric use
was removed from the site and properly disposed. Given the nominal impact generated
by historic uses on the site, it is reasonable to conclude that future development on the
site will be able to demonstrate compliance with City standards for water quality
protection through the site plan review process, thereby complying with applicable state
and federal environmental quality standards.
Goal 7 - Areas Subject to Natural Hazards
Goal 7 requires that development subject to damage from natural hazards and disasters be
planned and/or constructed with appropriate safeguards and mitigation. The goal also
requires that plans be based on an inventory of known areas of natural disaster and
hazards, such as areas prone to landslides, flooding, etc.
The site is flat and not subject to landslide hazards, and is located well outside of any
established FEMA flood hazard area. Therefore, approval of the proposal will not alter
the City's acknowledged compliance with Goal 7 through its adopted plans, codes and
procedures.
Zone Change Application
PeaceHealth Oregon Region
March 15.2007
Page 15
GoalS - Recreational Needs
Goal 8 requires local governments to plan and provide for the siting of necessary
recreational facilities to "satisfy the recreational needs of the citizens of the state and
visitors," and where appropriate, provide for the siting ofrecreational facilities including
destination resorts. The subject site is not included in an inventory of recreational sites,
and the proposal will not have an impact on the community's recreational facilities or
needs; therefore, the proposal does not implicate Goal 8.
Goal 9 - Economic Development
Goal 9 requires the city to provide adequate opportunities for a variety of economic
activities vital to the health, welfare, and prosperity of the citizens. The proposed
amendment to the Metro Plan diagram will increase the city's capacity for economic
development by adding 5 acres of CC designated/zoned land in place of the existing
industrial designation and zoning. Permitting the construction of future clinic facilities
on Tax Lot 400 and allowing long-standing commercial uses on Tax Lot 402 to continue
and become conforming uses consistent with commercial zoning through approval of the
proposed Plan diagram amendment and zone change is consistent with numerous policies
in the City's adopted plan for compliance with Goal 9, the Springfield Commercial Lands
Study (SCLS).
Specifically, the following SCLS policies are applicable to the proposal:
Policy I-A: "Maintain a mixed supply oflarge and small commercial sites
through strategies such as rezoning or annexation to serve Springfield's
future population."
The proposal fulfills this policy objective by rezoning (and redesignating) land from
industrial to commercial use, for two tax lots of varying sizes and commercial uses,
thereby maintaining existing employment and commercial use in Tax Lot 402 and
providing the ability for growth in medical sector employment by allowing future clinic
uses on Tax Lot 400.
Policy I-C: "Maintain at least a five-year supply of commercial land
within the Urban Growth Boundary (UGB) that is currently served or
readily serviceable with a full range of urban public facilities and
services."
The SCLS (see Table 3-8, pg. 32) found there to be a deficit of 158 acres in the supply of
commercial land over demand projected through the year 2015. The proposal would
allow for redesignation and rezoning of five acres thereby reducing the deficit of
commercial land. The subject site has a full range of urban public facilities and services
available to support existing commercial development on Tax Lot 402, and future
development on Tax Lot 400. The SCLS identifies (pg. 33) a need to support
"employment in population-dependent sectors such as retail sales and health services" to
meet Springfield's growing community. The SCLS also noted (pp. 27-29) state and local
Zone Change Application
PeaceHealth Oregon Region
March 15. 2007
Page 16
trends in greater employment in retail trade and well-paying health services sectors.
Approving the proposed redesignation and zone change would help meet Springfield's
demonstrated need for employment and commercial services.
finding 3 in the SCLS (pg. 36) cited the acknowledged 1992 Industrial Land Study as
demonstrating that "a surplus of industrial sites exists in the Metro Area." Therefore, the
proposed redesignation (and corresponding rezoning) would not result in a deficit of
needed industrially designated and zoned land, but it would help reduce the commercial
lands deficit identified in the SCLS. Therefore, approving the proposal would be
consistent with SLCS Implementation Strategy 3-A (I): "Evaluate inventories based on
demonstrated need for the planning period. Initiate rezoning or redesignation of surplus
land uses where more appropriate for commercial, consistent with the Metro Plan."
The proposal in fact consistent with inventories for commercial and industrial lands
adopted by the City Council and acknowledged by OLCO as being consistent with Goal
9. Oregon Administrative Rules concerning Goal 9 implementation (OAR 660-009-
0010(4)) call for amendments to land use designations "in excess of two acres within an
existing urban growth boundary from an industrial land use designation to a non-
industrial use designation" to have to address applicable planning requirements - such as
consistency with the Metro Plan and other local plan policies (i.e., SCLS) or be consistent
with an economic opportunities analysis. The City can find that the proposal complies
with relevant local plan policies by converting one form or employment-generating land
use to another, without negatively impacting the supply of buildable lands for either
category of uses. The proposal enables continued use of the existing and long-standing
commercial center to continue to operate and provide employment opportunities, while
also allowing higher-value'employment associated with future development on Tax Lot
400. These types of employment-generating uses are among those identified in OAR
660-009-0005(6) as eligible non-industrial employment activities that can justify
approval ofthe proposed Plan diagram amendment without the need for an economic
opportunities analysis apart from the SCLS, which OLCO acknowledged as fulfilling the
City's obligations under Goal 9.
Because the requested redesignation and zone change implements SCLS policies and
does not result in a deficiency of needed industrial lands, and is otherwise demonstrated
to be consistent with relevant Metro Plan policies, approval of the proposal is consistent
with the City's compliance with Goal 9 and applicable administrative rules regarding
Goal 9 implementation.
Goal 10 - Housing
LCOC's Housing goal requires cities to maintain adequate supplies of buildable lands for
needed housing, based on an acknowledged inventory of buildable lands. The proposal
does not affect the City's inventory of residential lands.
In fact, approval of the requested redesignation for Tax Lot 400 would enable
redevelopment of an industrial site abutting existing residential development. Through
Zone Change Application
PeaceHealth Oregon Region
March 15. 2007
Page 17
the site plan review process, future development on that property can provide a superior
buffer and a higher use that will benefit the adjoining residential properties. Because the
proposal does not involve directly any change in the amount ofresidentially designated
or zoned land, it does not affect Springfield's continued compliance with Goal 10.
Goalll - Public Facilities and Services
This goal requires the provision of a timely, orderly and efficient arrangement of public
facilities and services. The subject property is located within the Springfield UGB and
city limits, and is already designated for urban levels of use. The proposed amendment to
the Plan map designations and zone map classifications from LMI to CC will not affect
the ability to provide needed services since all the required urban services are available to
support existing or future commercial uses on the subject site.
Goal 12 - Transportation
Goal 12 requires local governments to provide and encourage a safe, convenient and
economical transportation system. The proposed map amendments and zone change
involve approximately 5.24 acres of property, though existing and long-standing
commercial uses occur on Tax Lot 402 such that approval of the proposal will not result
in any changes to the type or intensity of uses on the site, and will not increase the trip
generation for that fully developed parcel. As the attached Traffic Impact Analysis (TIA)
demonstrates, future development of medical office facilities on TL 400 will not degrade
mobility standards below acceptable levels and allow for adequate queuing lengths at
applicable intersections. Therefore, the proposal will not have a "significant effect" on
transportation facilities as defined in the Transportation Planning Rule (OAR 660-012-
060).
Existing development at Tax Lot 402 is not affected by the proposal, and is assumed to
retain its current access points off Main Street. It is further assumed that future
development on Tax Lot 400 will result in some access changes as will be reviewed
through the site plan review process, thereby consolidating two existing curb cuts located
on Tax Lot 400 into a single access point located approximately in the center of the
parcel. The TIA demonstrates that these access points will not result in any degradation
of mobility standards below acceptable levels, and that safe and efficient circulation can
be realized through approval of the requested land use redesignation and zone change.
Furthermore, reducing the number of access points for future development on Tax Lot
400 is consistent with policy objectives found in East Main Refinement Plan (EMRP)
Access, Circulation & Parking Element policy IB (pg. 17) and Commercial Element
policy 3 (pg. 12).
Because the proposal, as demonstrated in the TIA, is consistent with the requirements of
the TPR and with applicable policies in the EMRP, it is consistent with Goal 12 and
applicable local implementing policies.
Zone Change Application
PeaceHealth Oregon Region
March 15. 2007
Page 18
Goal 13 - Energy Conservation
The Energy goal is a general planning goal and provides limited guidance for
site-specific map amendments. The proposal has no direct impact on energy
conservation, though it would in fact will promote greater energy efficiency by enabling
needed clinical services available to growing residential areas in east Springfield.
Therefore, the proposal is consistent with, and does not alter the City's continued
compliance with Goal 13.
Goal 14 - Urbanization
Goal 14 requires local jurisdictions to provide for an "orderly and efficient transition
from rural to urban land use." The subject property is within the UGS and the city limits
of Springfield, and within an existing urbanized area of the community. Therefore, Goal
14 is not applicable to this application.
Goal IS - Willamette River Greenway
This goal is inapplicable because the subject property is not within the boundaries of the
Willamette River Greenway.
Goals 16-19 - Coastal Goals
The coastal goals are not applicable to this application.
~ "
~
i7- " ". .j
LI PeaceHealth
March 15, 2007
,.
Type II Metro Plan/East Main Refinement Plan
Diagram Amendments
Written Explanation of the Proposal
Applicant:
PeaceHealth Oregon Region
770 E. 11th Avenue
P.O. Box 1479
Eugene, Oregon 97440
Property Owners:
Hyland Business Park, LLC (Tax Lot 400)
1941-A Laura Street
Springfield, OR 97477
Attn: Shaun Hyland
(541) 726-8081
Andrew Head (Tax Lot 402)
1616 Ardendale Ln.
Eugene, OR 97405
(541) 521-3403
Applicant's
Representative:
Philip Farrington, AICP
Director, Land Use Planning & Development
PeaceHealth Oregon Region
123 International Way
Springfield, Oregon 97477
(541) 686-3828 * Fax (541) 335-2595
pfarrington@peacehealth.org
1.0 Land Use Request
PeaceHealth Oregon Region (the "Applicant") requests approval to change the map
designation on the Metropolitan Area General Plan ("Metro Plan") diagram from Light
Medium Industrial ("LMI") to Community Commercial ("CC") for approximately 5.24
acres identified as Tax Lots 400 and 402 on Assessor's Map No. 17-02-32-00. ThIS same
acreage on the site is being proposed for a concurrent amendment to the Springfield
zoning map from LMI to CC, as allowed in Springfield Development Code ("SDC")
12.020 (l)(a)L . ( {
Date Received:_3 I b 67
Planner: DR . I -
(i 1TMcS)
~"_.-
Metro PlanlEMRP Diagram Amendment
PeaceHealth Oregon Region
March 15. 2007
Page 2
The area subject to the proposed land use designation changes is mapped on Attachment
A, and is referred to collectively in this application as the "subject properties" or "site."
Pursuant to SDC 7.110 (4), approval of the requested Metro Plan diagram amendment
automatically amends the refinement plan diagram and is processed concurrently.
Findings of fact addressing the criteria of approval in SDC 7.070(3) are included in this
narrative statement (see Section 5 below).
2.0 Project Purpose, Relationship to East Main Refinement Plan
The Applicant seeks to redesignate and rezone the subject properties to CC so they may
be developed for commercial uses (i.e., Tax Lot 400), including a possible future medical
clinic which could serve residents in the growing east Springfield area, and to be allowed
to continue long-standing commercial operations (i.e., Tax Lot 402). Approvalofthis
land use request would preserve employment and existing viable commercial operations
on Tax Lot 402, and create stable family-wage employment opportunities on Tax Lot 400
- a vacant and underused industrial site. The proposal would also help beautify this
portion of Main Street from its traditional industrial yard uses, and future development
would provide a superior buffer for residential uses to the west than currently exists.
The proposal is also consistent with the East Main Refinement Plan (EMRP) criteria for
designating property as Commercial within the refinement plan (EMRP, pg. 12) since:
a) The proposal would not be an intrusion into a well-maintained residential
neighborhood. The proposal would allow for higher quality development than has
historically existed on the vacant industrial site (Tax Lot 400), therefore providing
opportunity for improved buffering between abutting residential and non-
residential uses. Tax Lot 402 borders only Tax Lot 400 and two commercially
zoned parcels, so legitimizing the pre-existing commercial uses on that property
would not affect the existing residential area nearby.
b) It does not increase conflict between Low Density Residential and Commercial
uses, but in fact can provide for uses and development far superior to those that
have traditionally been located adjacent to the abutting residential area.
Moreover, the area abutting Tax Lot 400 to the west is zoned Medium Density
Residential, though in primarily low density residential use.
c) The criteria tor designating Medium Density Residential land does not apply
because the subject properties are not currently developed, nor have they ever
been designated, for MDR uses.
d) Legally created commercial uses have existed on the properties, and the proposal
would facilitate higher quality commercial uses (such as medical offices) than
have existed before on Tax Lot 400, and allow for Plan designations and zoning
to correspond with long-standing legally established commercial uses on Tax Lot
402.
e) Adequate access exists to an arterial street, with existing curb cuts directly onto
Main Street.
Metro PlanJEMRP DiagrarrlAmendment
PeaceHealth Oregon Region
March 15.2007
Page 3
f) Upon approval of this request, the site would have a Commercial designation on
the Metro Plan diagram.
The proposal is also consistent with EMRP Policy 2: "Apply site-specific Commercial
refinement plan designations to clearly define the limits of new commercial uses where
there is not an existing, legally established, and beneficial mixing of uses." (pg. 12) The
proposal to allow for a broader, more beneficial range of commercial and employment-
generating uses on the subject properties. It would also improve the area and better
distinguish and buffer adjacent residential and industrial business park uses.
3.0 Site Context
The subject properties include a vacant, flat parcel (Tax Lot 400) and existing
commercial development (Tax Lot 402) east of 44th Street along Main Street in east
Springfield. The site is bordered on the south by Main Street, on the east by the Hyland
Business Park, on the north by an open area south of the Weyerhaeuser mill site (Tax Lot
400) or an existing commercially zoned parcel (Tax Lot 402), and on the west by other
small-scale commercial enterprises (e.g., a cabinet shop and karate school) fronting Main
Street and residential homes along 44th Street west of Tax Lot 400. Commercial
enterprises are located immediately south of the site across Main Street (e.g., Gray's
Garden Center).
While historically involved in agricultural uses, since around 1990 Tax Lot 400 was used
as a storage and sales yard for landscape organics and forest by-products. The current
property owners also used the site to store modular construction offices, tool trailers,
construction equipment and concrete form plywood. Tax Lot 402 has had various
commercial services on site since the 1950s.
The properties have no jurisdictional wetlands or inventoried Goal 5 natural or historic
resources. The site is within the Springfield Urban Growth Boundary, and both parcels
were annexed into the City of Springfield in 1960. The EMRP diagram (adopted in
1988) currently designates the subject property for industrial uses.
The abutting property to the east is designated Light/Medium Industrial in the EMRP
diagram and zoned LMI. The areas immediately to the west and south of the site fronting
Main Street are identified as being within Mixed-Use Area #2 in the EMRP, and are all
zoned Community Commercial. Property to the west of Tax Lot 400 along 44th Street is
zoned and designated Medium Density Residential.
Metro PlanlEMRP Diagrani~ Amendment
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4.0 Type II Metro Plan Diagram Amendment
Amendments to the Metro Plan are classified as Type I or Type II amendments,
depending upon the specific changes sought. The proposed Metro Plan and EMRP
amendments are "site specific" and relate to property solely within the corporate limits of
the City of Springfield. The Metro Plan defines Type II amendments as:
"[A ]ny change to the Plan diagram or Plan text that is site specific
and not otherwise a Type I category amendment."
The proposed amendment is a Type II site-specific amendment because it:
. Involves a specific geographically identifiable property;
. Does not change the metropolitan Urban Growth Boundary;
. Does not change the Metro Plan jurisdictional boundary;
. Does not require a goal exception;
. Does not include a non-site-specific amendment of the Metro Plan text; and
. Applies only to property located within the Springfield City limits.
Accordingly, the current proposal is properly characterized as a Type II amendment (as
defined in SDC 7.030) that must be reviewed and approved by the City of Springfield,
consistent with SDC 7.070 (2)(a). Per SDC 7.040 (2)(b), this citizen-initiated Type II
Metro Plan amendment can be initiated at any time.
5.0 Applicable Approval Criteria
Type II Metro Plan amendments are evaluated according to the criteria of approval
contained within SDC 7.070 (3), which provides:
"The following criteria shall be applied by the City Council in
approving or denying a Metro Plan amendment application:
(a) The amendment must be consistent with the relevant
Statewide planning goals adopted by the Land
Conservation and Development Commission; and
(b) Adoption of the amendment must not make the Metro
Plan internally inconsistent."
Findings demonstrating consistency with the approval criteria are outlined below.
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5.1 Consistency With Statewide Planning Goals
The following findings address compliance with Metro Plan criteria in SDC 7.070 (3)(a).
Approval ofa Metro Plan diagram amendment also correspondingly changes the
applicable refinement plan diagram, as established in SDC 7.110 (4).
Goal 1 - Citizen Involvement
Goal 1 addresses the need to develop a citizen involvement program to ensure citizen
involvement in all phases of the land use planning process. The Planning Commission
and the City Council will hold public hearings and accept testimony on the proposal.
Through the procedures established by the city, citizens will receive notice of hearings in
generally published local papers and have the opportunity to be heard regarding the
proposed diagram amendment and zone change. Notice ofthe public hearings will also
be given in accordance with SDC requirements to nearby property owners, interested
parties requesting notice, and any established neighborhood organization. Since the
amendments comply with the City's citizen involvement program and citizens have
opportunities to be involved in the procedure, the proposed amendments are consistent
with Goal L
Goal 2 - Land Use Planning
Goal 2 requires that local comprehensive plans be consistent with the Goals, that local
comprehensive plans be internally consistent, and that implementing ordinances be
consistent with acknowledged comprehensive plans. Goal 2 also requires that land use
decisions be coordinated with affected jurisdictions and that they be supported by an
adequate factual base. As required in SDC 7.050, the City is required to give referral
notice of the proposed Type II Metro Plan diagram amendment to the City of Eugene and
Lane County so they may determine if there are grounds to participate as parties to the
hearing. The City also sends the statutorily required notice of the initial public hearing
45 days in advance to the state Department of Land Conservation and Development,
ensuring that they are given opportunity for comment and review conformity to
applicable statewide planning goals.
The Metro Plan and the SDC, as well as the Statewide Planning Goals and applicable
statutes, provide policies and criteria for the evaluation of comprehensive plan
amendments. Compliance with these measures assures an adequate factual base for
approval of the proposed Metro Plan diagram amendment. As discussed elsewhere in
this document, the amendments are consistent with the Metro Plan and the Goals.
Consequently, by demonstrating such compliance, the amendments satisfy the
consistency element of Goal 2.
Goal 3 - Agricultural Lands
This goal is inapplicable because as provided in OAR 660-15-000(3), Goal 3 applies only
to rural agricultural lands. The subject properties are located within an acknowledged
urban growth boundary, are inside Springfield's corporate limits, and have not been in
agricultural use for decades.
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Goal 4 - Forest Lands
Goal 4 does not apply within urban growth boundaries, per OAR 660-06-0020, and the
areas affected by the Plan amendments are inside Springfield's acknowledged UGB.
Goal 5 - Natural Resources
Goal 5 requires local governments to protect a variety of open space, scenic, historic, and
natural resource values. Goal 5 and its implementing rule, OAR Ch. 660, Division 16,
require planning jurisdictions, at acknowledgment and as a part of periodic review, to
(1) identify such resources;
(2) determine their quality, quantity, and location;
(3) identify conflicting uses;
(4) examine the economic, social, environmental, and energy
(ESEE) consequences that could result from allowing,
limiting, or prohibiting the conflicting uses; and
(5) develop programs to resolve the conflicts.
The subject properties are not on Springfield's acknowledged Metro Plan Goal 5
inventory. No threatened or endangered species have been inventoried on the site, and no
archeological or significant histoncal inventoried resources are located on the site. The
National Wetland Inventory and Springfield Local Wetland Inventory maps have been
consulted and there are no jurisdictional wetlands located on the site. Therefore, the
proposed amendment does not alter the City's compliance with Goal 5.
Goal 6 - Air, Water, and Land Resources Quality
The purpose of Goal 6 is to maintain and improve the quality of the air, water and land
resources of the state. Generally, Goal 6 requires that development comply with
applicable state and federal air and water quality standards. In the context of the
proposed Metro Plan diagram amendment, Goal 6 requires that the applicant demonstrate
that it is reasonable to expect that applicable state and federal environmental quality
standards can be met.
Though Tax Lot 400 has been used for low-value storage and quasi-industrial uses, the
site is not listed on any state or local environmental clean-up list. A Phase I
environmental assessment on the subject property was conducted and recommended
additional analysis. Upon recommendations through the Phase 2 environmental
assessment a nominal quantity of soil (less than 10 cy) impacted by earlierlhistoric use
was removed from the site and properly disposed. Given the nominal impact generated
by historic uses on the site, it is reasonable to conclude that future development on the
site will be able to demonstrate compliance with City standards for water quality
protection through the site plan review process, thereby complying with applicable state
and federal environmental quality standards.
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Goal 7 - Areas Subject to Natural Hazards
Goal 7 requires that development subject to damage from natural hazards and disasters be
planned and/or constructed with appropriate safeguards and mitigation. The goal also
requires that plans be based on an inventory of known areas of natural disaster and
hazards, such as areas prone to landslides, flooding, etc.
The site is flat and not subject to landslide hazards, and is located well outside of any
established FEMA flood hazard area. Therefore, approval of the proposed Plan
amendments will not alter the City's acknowledged compliance with Goal 7 through its
adopted plans, codes and procedures.
GoalS - Recreational Needs
Goal 8 requires local governments to plan and provide for the siting of necessary
recreational facilities to "satisfy the recreational needs of the citizens of the state and
visitors," and where appropriate, provide for the siting of recreational facilities including
destination resorts. The subject site is not included in an inventory of recreational sites,
and the proposed amendments will not have an impact on the community's recreational
facilities or needs; therefore, the proposal does not implicate Goal 8.
Goal 9 - Economic Development
Goal 9 requires the city to provide adequate opportunities for a variety of economic
activities vital to the health, welfare, and prosperity of the citizens. The proposed
amendment to the Metro Plan diagram will increase the city's capacity for economic
development by adding 5 acres ofCC in place ofthe existing industrial designation.
Permitting the construction of future clinic facilities and allowing long-standing
commercial uses on Tax Lot 402 to become conforming uses consistent with commercial
zoning is consistent with numerous policies in the City's adopted plan for compliance
with Goal 9, the Springfield Commercial Lands Study (SCLS).
Specifically, the following SCLS policies are applicable to the proposal:
Policy I-A: "Maintain a.mixed supply of large and small commercial sites
through strategies such as rezoning or annexation to serve Springfield's
future population."
The proposal fulfills this policy objective by redesignating and - through accompanying
zone change - rezoning land from industrial to commercial, for two tax lots of varying
sizes and commercial uses, thereby maintaining existing employment and commercial
use in Tax Lot 402 and providing the ability for growth in medical sector employment by
allowing future clinic uses on Tax Lot 400.
Policy I-C: "Maintain at least a five-year supply of commercial land
within the Urban Growth Boundary (UGB) that is currently served or
readily serviceable with a full range of urban public facilities and
services. "
\
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The SCLS (see Table 3-8, pg. 32) found there to be'a deficit of 158 acres in the supply of
commercial land over demand projected through the year 2015. The proposal would
allow for redesignation, and rezoning, of five acres thereby reducing the deficit of
commercial land. The subject site has a full range of urban public facilities and services
available to support existing commercial development on Tax Lot 402, and future
development on Tax Lot 400. The SCLS identifies (pg. 33) a need to support
"employment in population-dependent sectors such as retail sales and health services" to
meet Springfield's growing community. The SCLS also noted (pp. 27-29) state and local
trends in greater employment in retail trade and well-paying health services sectors.
Approving the proposed redesignation and zone change would help meet Springfield's
demonstrated need for employment and commercial services.
Finding 3 in the SCLS (pg. 36) cited the acknowledged 1992 Industrial Land Study as
demonstrating that "a surplus of industrial sites exists in the Metro Area." Therefore, the
proposed redesignation (and corresponding rezoning) would not result in a deficit of
needed industrially designated and zoned land, but it would help reduce the commercial
lands deficit identified in the SCLS. Therefore, approving the proposal would be
consistent with SLCS Implementation Strategy 3-A (I): "Evaluate inventories based on
demonstrated need for the planning period. Initiate rezoning or redesignation of surplus
land uses where more appropriate for commercial, consistent with the Metro Plan."
The proposal in fact consistent with inventories for commercial and industrial lands
adopted by the City Council and acknowledged by DLCD as being consistent with Goal
9. Oregon Administrative Rules concerning Goal 9 implementation (OAR 660-009-
0010(4)) call for amendments to land use designations "in excess of two acres within an
existing urban growth boundary from an industrial land use designation to a non-
industrial use designation" to have to address applicable planning requirements - such as
consistency with the Metro Plan and other local plan policies (i.e., SCLS) or be consistent
with an economic opportunities analysis. The City can find that the proposal complies
with relevant local plan policies by converting one form or employment-generating land
use to another, without negatively impacting the supply of buildable lands for either
category of uses. The proposal enables continued use of the existing and long-standing
commercial center to continue to operate and provide employment opportunities, while
also allowing higher-value employment associated with future development on Tax Lot
400. These types of employment-generating uses are among those identified in OAR
660-009-0005(6) as eligible non-industrial employment activities that can justify
approval of the proposed Plan diagram amendment without the need for an economic
opportunities analysis apart from the SCLS, which DLCD acknowledged as fulfilling the
City's obligations under Goal 9.
Because the requested redesignation and concurrent zone change implements SCLS
policies and does not result in a deficiency of needed industrial lands, and is otherwise
demonstrated to be consistent with relevant Metro Plan policies, approval of the request
is consistent with the City's compliance with Goal 9 and applicable administrative rules
regarding Goal 9 implementation.
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Goal 10 - Housing
LCDC's Housing goal requires cities to maintain adequate supplies of buildable lands for
needed housing, based on an acknowledged inventory of buildable lands. The proposal
does not affect the City's inventory of residential lands.
In fact, approval of the requested redesignation for Tax Lot 400 would enable
redevelopment of an industrial site abutting existing residential development. Through
the site plan review process, future development on that property will provide a superior
buffer and a higher use that will benefit the adjoining residential properties. Because the
proposal involves redesignation from industrial to commercial land uses, it does not
affect Springfield's continued compliance with Goal 10.
Goal 11 - Public Facilities and Services
This goal requires the provision of a timely, orderly and efficient arrangement of public
facilities and services. The subject property is located within the Springfield UGB and
city limits, and is already designated for urban levels of use. The proposed amendment to
the Plan map designations from LMl to CC will not affect the ability to provide needed
services since all the required urban services are available to support existing or future
commercial uses on the subject site.
. Goal 12 - Transportation
Goal 12 requires local governments to provide and encourage a safe, convenient and
economical transportation system. The proposed map amendments involve
approximately 5.24 acres of property, though existing and long-standing commercial uses
occur on Tax Lot 402 such that approval of the proposal will not result in any changes to
the type or intensity of uses on the site, and will not increase the trip generation for that
parcel. As the attached Traffic Impact Analysis (TIA) demonstrates, future development
of medical office facilities on TL 400 will not degrade mobility standards below
acceptable levels and allow for adequate queuing lengths at applicable intersections.
Therefore, the proposal will not have a "significant effect" on transportation facilities as
defined in the Transportation Planning Rule (OAR 660-012-060).
Existing development at Tax Lot 402 is not affected by the proposal, and is assumed to
retain its current access points off Main Street. It is further assumed that future
development on Tax Lot 400 will result in some access changes as will be reviewed
through the site plan review process, thereby consolidating two existing curb cuts located
on Tax Lot 400 into a single access point located approximately in the center of the
parcel. The TIA demonstrates that these access points will not result in any degradation
of mobility standards below acceptable levels, and that safe and efficient circulation can
be realized through approval of the requested land use redesignation (and companion
zone change).
Furthermore, reducing the number of access points for future development on Tax Lot
400 is consistent with policy objectives found in East Main Refinement Plan (EMRP)
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March 15. 2007
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Access, Circulation & Parking Element policy 1 B (pg. 17) and Commercial Element
policy 3 (pg. 12).
Because the proposal, as demonstrated in the TIA, is consistent with the requirements of
the TPR and with applicable policies in the EMRP, it is consistent with Goal 12 and
applicable local implementing policies.
Goal 13 - Energy Conservation
The Energy goal is a general planning goal and provides limited guidance for
site-specific map amendments. The proposed amendment has no direct impact on energy
conservation, though it would in fact will promote greater energy efficiency by enabling
needed clinical services available to growing residential areas in east Springfield.
Therefore, the proposed amendment is consistent with, and does not alter the City's
continued compliance with Goal 13.
Goal 14 - Urbanization
Goal 14 requires local jurisdictions to provide for an "orderly and efficient transition
from rural to urban land use." The subject property is within the UGB and the city limits
of Springfield, and within an existing urbanized area of the community. Therefore, Goal
14 is not applicable to this application.
Goal 15 - Willamette River Greenway
This goal is inapplicable because the subject property is not within the boundaries of the
Willamette River Greenway.
Goals 16-19 - Coastal Goals
The coastal goals are not applicable to this application.
5.2 Metro Plan Consistency
The application requests amendment of the Metro Plan diagram from LMI to CC for
approximately 5.24 acres. This section of the application narrative addresses the
consistency of the amendment with the applicable policies of the Metro Plan, to
demonstrate that adoption ofthe amendment will not make the Metro Plan internally
inconsistent (as required by the approval criteria in SDC 7.070(3)(b))
This narrative only addresses those policies that apply to the proposal, and does not
discuss those portions of the Metro Plan that: (I) apply only to rural or other lands
outside of the urban growth boundary, (2) apply to land uses other than the current or
proposed designations for the site and will not be affected by the proposed Plan diagram
and text amendments, or (3) clearly apply only to specific development applications (e.g.,
site plan review submittals or subdivisions). In many instances the goals, policies and
implementation measures apply to specific development proposals that will be addressed
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ihrough compliance with applicable City regulations during site plan review of a given
future development proposal.
The Metro Plan Introduction, Section D provides the following definitions:
A goal as a broad statement of philosophy that describes the
hopes of the people of the community for the future of the
community. A goal may never be completely attainable, but
is used as a point to strive for.
An objective is an attainable target that the community
attempts to reach in striving to meet a goaL An objective may
also be considered as an intermediate point that will help
fulfill the overall goaL
A policy is a statement adopted as part of the Plan to provide
a consistent course of action moving the community towards
attainment of its goals.
Except for the Growth Management Goals, which are addressed below, each of the Metro
Plan policies are addressed in the order in which they appear in the Plan Element section
of the Metro Plan.
S.2.A.
Metro Plan Elements
1. Growth Management
Policies
1. The urban growth boundary and sequential development shall
continue to be implemented as an essential means to achieve
compact urban growth. Provision of all urban services shall be
concentrated inside the urban growth boundary.
The proposed amendments satisfy this policy because the subject property is inside the
UGB and city limits and as such, encourages compact urban growth. Also, urban
services are available at sufficient levels to accommodate the existing and future infill
development resulting approval of from this application. The City's site plan review
processes ensure that the appropriate level of services is available to serve future
development.
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2. Residential Land Use and Housing Element
Policies
A.II Generally locate higher density residential development near
employment or commercial services, in proximity to major
transportation systems or within transportation-efficient nodes.
The proposed redesignation does not affect the inventory or availability of residentially
designated or zoned land, including the single-family residential area abutting Tax Lot
400 that is zoned and designated for Medium Density Residential, or higher density
residential developments located east of the site along Main Street
However, approval of the requested redesignation to Community Commercial would
allow for residential areas proximate to the subject area to have close and efficient access
to existing commercial services on Tax Lot 402 and to future medical facilities proposed
for Tax Lot 400, consistent with the above policy. The areas proposed for redesignation
offer existing and future employment opportunities and provide commercial services
along a major transportation system that can support the needs of nearby residential
development
A.22 Expand opportunities for a mix of uses in newly developing areas
and existing neighborhoods through local zoning and development
regulations.
The map amendment and concurrently proposed zone change will allow for existing
commercial uses on Tax Lot 402 to continue to serve existing neighborhoods in the mid-
and east-Springfield area, and for future clinical facilities to be developed to serve this
rapidly growing area of the community. Approving the requested redesignation and zone
change would expand commercial opportunities to serve these neighborhoods consistent
with the above policy.
3. Economic Element
Policies
8.1 Demonstrate a positive interest in existing and new industries,
especially those providing above-above wage and salary levels, and
increased variety of job opportunities, a rise in the standard of living,
and utilization of our existing comparative advantage in the level of
education and skill of the resident labor force.
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The proposed amendment is consistent with this policy because it will allow medical
clinic uses to be developed to serve growing areas in east and south Springfield. As is
observed in the Springfield Commercial Lands Study (pp. 27, 29), employment in health
services is growing and approving the requested redesignation will enable increased job
opportunities with higher than average wages thereby helping raise the standard of living
and meet the needs of Springfield citizens, consistent with the above policy.
B.2 Encourage economic development which utilizes local and imported
capital, entrepreneurial skills, and the resident labor force.
The The construction of and the use of commercial and medical uses will utilize both
local and imported capital and will employ the local labor force in a variety of skilled,
semi-skilled, and unskilled positions, consistent with this policy.
B.6 Increase the amount of undeveloped land zoned for light industry
and commercial uses correlating the effective supply in terms of
suitability and availability with the projections of demand.
The proposal will add approximately 5.24 acres of Community Commercial land,
consistent with recommendations to increase the commercial lands inventory made in the
Springfield Commercial Lands Study. The SCLS and acknowledged metropolitan
Industrial Lands Study concluded that there is a deficit of needed commercial land, and a
surplus of industrially zoned and designated land. Approval of the requested
redesignation will not cause the inventory of needed industrial land to go into a deficit,
but in fact would, consistent with the above policy. The proposal correlates the need and
suitability, and availability ofthe subject site for commercial uses with the need for such
uses as demonstrated in the adopted SCLS.
B.11 Encourage economic activities which strengthen the metropolitan
area's position as a regional distribution, trade, health, and service
center.
The amendment will facilitate the development of medical uses that will serve the needs
ofthe growing residential areas in east, south and southeast Springfield, and strengthen
the metropolitan area's position as a premier locale for healthcare services, consistent
with this policy objective.
6. Environmental Design Element
Policies
E.I In order to promote the greatest possible degree of diversity, a broad
variety of commercial, residential, and recreational land uses shall be
encouraged when consistent with other planning policies.
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Approval of the proposed map amendments will add just over 5 acres into the City's
inventory of commercially designated and zoned land, thereby allowing for a variety of
needed commercial uses to occur on the subject property. Long-standing existing
commercial services on Tax Lot 402 would be allowed to continue without the specter of
being considered non-conforming uses, and Tax Lot 400 could be developed with
medical services that will serve the needs of the growing residential areas east and south
of the subject site, consistent with the above policy.
7. Transportation Element
Land Use Policies
F.3 Provide for transit-supportive land use patterns and development,
including higher intensity, transit-oriented development along major
transit corridors and near transit stations; medium- and high-density
residential development within one-quarter mile of transit stations,
major transit corridors, employment centers, and downtown areas; and
development and redevelopment in designated areas that are or could be
well served by existing or planned transit.
The proposed map amendment and concurrent zone change will enable land use patterns
and development consistent with the above policy. Approval of the proposal will allow
for higher intensity development along Main Street, a major transit corridor. An existing
LTD stop is located on the frontage of Tax Lot 400 (see photo, pg. 2, Appendix A of the
T1A), and will provide convenient access to existing and projected employment on the
subject site, as well as access for patients to future out-patient medical facilities projected
on Tax Lot 400.
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Transportation System Improvements: Roadways Policies
F.15 Motor vehicle level of service policy:
a. Use motor vehicle level of service standards to maintain acceptable
and reliable performance on the roadway system. These standards
shall be used for:
(1) Identifying capacity deficiencies on the roadway ~ystem.
(2) Evaluating the impacts on roadways of amendments to
transportation plans, acknowledged comprehensive plans and
land-use regulations, pursuant to the TPR (OAR 660-012-
0060).
(3) Evaluating development applications for consistency with the
land-use regulations of the applicable local government
jurisdiction.
b. Acceptable and reliable performance is defined by the following
levels of service under peak hour traffic conditions: LOS E within
Eugene's Central Area Transportation Study (CA TS) area, and
LOS D elsewhere.
c. Performance standards from the OHP shall be applied on state
facilities in the Eugene-Springfield metropolitan area.
In some cases, the level of service may be substandard. The local
government jurisdiction may find that transportation system
improvements to bring performance up to standard within the planning
horizon may not be feasible, and safety will not be compromised, and
broader community goals would be better served by allowing a
substandard level of service. The limitation on the feasibility of a
transportation system improvement may arise from severe constraints,
including but not limited to environmental conditions, lack of public
agency financial resources, or land use constraint factors. It is not the
intent of TSI Raodway Policy #2: Motor Vehicle Level of Service to
require deferral of development in such cases. The intent is to defer
motor vehicle capacity increasing transportation improvements until
existing constraints can be overcome or develop an alternative mix of
strategies (such as: land use measures, TDM, short-term safety
improvements) to address the problem.
Subsection a.(2) in the above policy requires an evaluation of the proposal pursuant to the
state Transportation Planning Rule (TPR). The accompanying Traffic Impact Analysis
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provides the factual basis to determine that the proposed redesignation would not result in
a "significant effect" as defined under the TPR (OAR 660-012-0060(1)).
Specifically, the proposal does not change the functional classification of Main Street or
any other nearby roadway, and it does not change the standards for implementing the
City's functional classification system of roadways, as identified in the Regional
Transportation Plan. As demonstrated in the TIA, the proposal also does not:
. Result in types or levels of traffic or access that are inconsistent with the functional
classification of Main Street or any other nearby roadway;
. Reduce performance of traffic on Main Street or other affected intersections to a level
that is below acceptable established performance standards; or
. Make performance of existing facilities worse (i.e., below acceptable mobility
standards) than would be the case other uses permitted under existing designations or
zomng.
Specific TPR findings are further located in the TIA, see pp. 31-32. Because the proposal
does not result in a "significant effect" as established by applicable OARs, no further
TPR analysis is required. The request is therefore consistent with the above policy.
8. Public Facilities and Service Element
G.1 Extend the minimum level and full range of key urban facilities and
services in an orderly and efficient manner consistent with the growth
management policies in Chapter Il-B, relevant policies in this chapter and other
Metro Plan policies.
The subject property is located in Springfield's city limits UGB. All necessary
infrastructure and key urban facilities/services are present to serve existing development
(Tax Lot 402) or are available to serve future infill development on Tax Lot 400.
Therefore, the proposal is consistent with the above policy.
9. Parks and Recreation Facilities Element Policies
Policies in this element of the Metro Plan are not relevant to the requested diagram
amendment.
10. Historic Preservation Element Policies
Policies in this element of the Metro Plan are not relevant to the requested diagram
amendment.
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11. Energy Element Policies
Policies in this element ofthe Metro Plan are not relevant to the requested diagram
amendment.
8.0 East Main Refinement Plan Consistency
The following demonstrates how the proposal is consistent with applicable policies in the
East Main Refinement Plan (EMRP).
1. Mixed-Use Element
Policy 2) Area #2
A) The following land uses are allowed under Community Commercial
zoning:
All Communitv Commercial uses subject to Article 18 of the
Springfield Development Code.
The proposal requests redesignating the subject properties to Community Commercial,
and concurrently rezoning the properties to CC, as is allowed by the above policy and
consistent with other EMRP policies. Approval of the request would allow long-standing
existing commercial uses on Tax Lot 402 to continue as permitted under Article 18, and
consistent with neighboring uses to the west and south, which are also zoned and
designated for commercial uses.
2. Commercial Element
Criteria for Commercial Refinement Plan Desirmation
1. Generally, the Community Commercial refinement plan designation
shall be applied under the following circumstances:
A) where it is not an intrusion into well-maintained residential
neighborhoods;
The proposed redesignation does not intrude into the existing residential area west
of the subject site along 44th Street, and is therefore consistent with the above
criterion.
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B) where it does not increase conflict between Low Density
Residential and Commercial;
Although the abutting residential area is zoned Medium Density Residential, it is
developed in low density residential uses. Approval of the proposed
redesignation of the subject sites would actually result in a decrease of conflicts
between abutting residential and non-residential land uses by allowing future infill
development on Tax Lot 400, and through the site plan review process
establishing improved landscaped buffers and a use more compatible than the
industrial uses that historically abutting this residential area.
C) where criteria for designating Medium Density Residential
land does not apply;
Criteria for designating MDR land does not apply to the subject site.
D) where legally created commercial uses exist;
Tax Lot 402 has existing, long-standing commercial uses that were legally created
prior to development ofthe Metro Plan or EMRP.
E) where adequate customer and service access to an arterial
street can be provided; ... and
The subject site has adequate legal access onto Main Street, which is classified as
an arterial street.
F) where designated Commercial on the Metro Plan Diagram.
Approval of this application would result in a Commercial designation on the
Metro Plan diagram, which would also automatically modify the designation on
the EMRP diagram.
Policy 2) Apply site-specific Commercial refinement plan designations
to clearly define the limits of new commercial uses where there is not an
existing, legally established, and beneficial mixing of uses.
Approval of the requested redesignation would apply Commercial plan designations to
the subject properties, allowing the existing, legally established commercial uses on Tax
Lot 402 to continue. It would also enable commercial uses to be established on Tax Lot
400, thereby defining the limits of new commercial uses between the pre-existing
commercial uses on Tax Lot 402 and others to the west, and the developed industrial
business park to the east. Tax Lot 400 does not have an existing or beneficial mix of
uses, but has historically housed industrial yard-type operations. Therefore, approval of
.
, .
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the proposal would define the limits of new commercial uses as called for in the above
policy, and also provide the ability to make superior buffering and other improvements
associated with future development on Tax Lot 400 through the site plan review process.
Policy 3) Reduce the number of vehicular access points and require the
rebuilding of curbs and installation of sidewalks and street trees along
Main Street, through the Site Plan Review process and in public
improvement projects.
The proposal would result in reducing the number of existing access points as required
above. Through the Site Plan Review process, future development on Tax Lot 400 will
have a single driveway access onto Main Street, eliminating one ofthe two existing curb
cuts on this site. Sidewalks and street trees are already located along its Main Street
frontage, consistent with the above policy.
Policy 4) Provide buffering between commercial and residential uses
through Article 31 of the Springfield Development Code, Site Plan
Review process.
Existing residential uses along the east side of 44th Street have had no real buffer from
pre-existing industrial uses on Tax Lot 400. Approval of the proposal would allow for
attractive infill development of future medical facilities that would provide (through the
SPR process) improved landscaped buffers between the future use and existing
residential area to the west - as required by Code, and consistent with the above policy.
3. Industrial Element
Policy 1) The City shall encourage efforts of various agencies to attract
new and retain existing jobs and businesses.
lmolementation
The City shall maintain a current inventory of vacant commercial and
industrial land and structures within the East Main area.
Consistent with the above policy, approval of the requested redesignation will enable
existing, long-standing jobs and businesses on Tax Lot 402 to remain as legal,
conforming land uses, and allow future development of new employment on Tax Lot 400
with higher than average wages and employment densities than the current designation
and zoning allows.