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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 /j1f,{/t llllt.-I? r41t/(/II!iwN;.#tV 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 ~lIIolfFL,J JlF1b /1l- ~,>-) /6/15 1/(p~";l>1U tAl. cl/~ tJ/L 17ffJs- 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~ . /flPr/; ./'##;11 Jl9b{AlO ?26~,fo~/ S2j-..5{/'o..1' Phone: Size of Property .>. 2- rj ~ J"~"- ;:1;.'--' ..r Acres , Existing Use of Property (!IlIlt4/fI!U~ / 'Tl-th:z:-)... 1/4b7,v,/.f!z:JtA.,LE f,;,1J ~~?' ) Specific Description of Proposal A'€'tef/~7€- //Gd /nr/U/M.c.Nr 1fT/' U/'47/tW') 4~ /U7Pv,f.. - - / .Ib&.'JCt!T J>M/4e{,6-J ~ IM/ 7P r?C, 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 ~ 4co 4-0:L.. , Jate Received" 3\ lip! D1 Planner: DR (1.- '7'~ P{{J 2co-=1- c~io33 J; 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 , ~ ,~ , 'Ti-fE~ARRI.:ICA[foN:RA9KEt 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 '"l 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 $19,214.34 311 6/2007 - -I 0" . '~~LOI I I 37.9t"f .., 1-27.80//...4c,..,........... , : -f~~~- -- '" 'N W Cor. H. ~ ,t III Johnson .~ ~ II D.L.C: ~'o.62 ,~ . ~ ' 3 b . ~::..:~I~ I lfl ' B'--- I,... 2';>'.3 ..... N E Cor. R.,./' .Harper D.L.C. No.57 -- " ~E DETAIL . ." - ~L _" to wsw Cat MA!'li" I ~ It :D.L.C. No. 62 - -~ -I N W Cor. ....~_.... . . se+ ~ I ~ D.L.C. No. 55 " ; II~ . See Map 17 02 32 2 ; ""~. r ..... ! ~ . ~-:> ~O.II,:".~.. O' '.1." . ~ ~"'9' " -:;:" w..ub~ ",' l. . . "'-t . "::'~t-- . "'1, V,-. - --,' ~ See _ Map 17 02 32 3 I lap 17 02 32 3 2 ~ 10- 17 z . I.~' e' IL ~ . <<I .. , ROAD ~ ~ ~ ..,. N .. .., : N ' lLa ~ ct . ~ .~ t:'1': Ill. o 17 02 32 3 : ,: ",' . , . . L ~ T . iE Cor. 2 wsw Cor. -C. No. 57-----.. ~fD.L.C. No.55 ln~~~1f\~_ S W Cor. D. ' Harkins D.L.e. No.61 ~(!:F '\.~ . . , . ,.' N 89"'58'50' lJ 3116.00' "" "" ,$&,.gC".L./~7a.,.,$If. .~" tS?:68Qt>._~fS?:'5"f.' s-.J-S'_ch 1111 "" CITY OF SPRINGFIELD . .. . 17 ~02-32-00 TL 400, 402 . ..............~~ O~<g)=(Q)(Q) .', .' n.~D'c;J" . x- /-3S/.02' 7.'7.$1'C;o'#"4"/4./4' Sco.eJ I .>1-11.82"' . 401 J=~ ol-'"l-- 501' I. . I , ~ . ~~~-'I'" oC'-O"'~~: . I. I ~ ~--~ , . ~. , ,I': ~ . a l I . ~ .' ~.. . . I '1 ;r. ~ __ n ,. ~ Q '. ~ 'i .~ ~ . ~ ~ ,~ hi' ~ ~ ~. ~I .-- I B:57..!N7' I CCTJr /J"as:r..c.e-J 'SMITH) . ,.: <II o o "ll ~+' - .u~Hlr I 400 . '. ~ SITE I! ~ sii40:~ l"'\~ ~ ," "7R.P~',I.."t11' .iI McKENZIE' -- -- .. < SEE MAP 17-02-32-4' - /.34"/.0.,' ... '" "' rASTER ~ '" .. II: ~ .I"'~ Se~ ,IN \. D32 4 3 ~ STREE~, 9 ,\ ~ 11 := BLUE!lELLE ~ WAY o ~ C:AME.LL.IA ST. -----. , , \.\7 .......(~/6 7 Date Received.' .. ,"7 ~I . - . Dr. ~ ......... . -r I;.oIIU'......I.1 DAISY I I i I STREET. ,~t 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 6- ~ ~ ~ ~" ~X~,rg~~~p 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>~ . .. I. _" "-.' ~..' L. ;'-. \.:; L ,':; U U ,\ ,:} 'I. P /\. 1:' .1\.>1.1.:: >.) 'r "I. ~) :'\} .~: i. /J ( .-1651 CENTENNIAL BLVD.' SPRINGFIELD, OR 97477 ). BOX 931 . SPRINGFIELD, OR 97477 _HONE: 541.741.19B1 FAX: 541.741.0619 4 ---- ~ ~ ~ ~~ ~X~!gn:~n 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' . l i 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" (C/~~~~ 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. i ! o t . aeRec' ~ I P1ann ellted' J -1(.'-67 er; DR .~ I 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 "tlo iilll) ;:,- ;:,Cll .Cll ;;0 .~.:1 CD ;r (') o !P. ;;o~ ~ 1<..Al \ "-- "'" , ~ --J -..:............_...f~ s ~ e Map 17 02 32 2 4 SMITH e Map' ~ )2 32 3 I ~~+' 4~~-''-- , ~ I ~ -~-~<- ' 7....?c:-.....,t, 41.1.12..' ..y ,..; III . ..,...,~.~~~-/ ......--- ........ x- 77.5JC""'.S"/~/~' SOO.e" 401 501 ;, ~ ~ l~' I ~ ~ ~ . ! 1 ~~ ~ ~ o' ~ ~ ~ .' ___ J\ .'~ R " "~ ~ -- /3.5"/.02 . ~8.8';:" I I I I I I I I , I I I qj ~I ~ t I /~.511:.!10" I -- ...... SEE MAP 17-02-32-4-2 79+ U.L.t.;~bL .,-; .., .!1.9fJdJ .5"0/' -f.:?O..3'/ L ~ NE COR. . NW COR. ~ TO EDWARDS AW HAMM * OLC. 55 D.Le. 36 100 R (Xl J<) . ~ C\J ~ , d ~ ~ z ~ ~ "' ' Cl , <:q,~44'E. --,., , <t 0 a:: --- -- SE 17-( --- >- J- :<: ::J o t.> r_""" 1] T.~S ~ -- ... E4?B31 t- "' "' /~S"/.Oc' McKENZIE' "-D$'_'" . I . ~~.o~ lO' ,~ " 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 . -I .:,. . .~ \ . I d <.:> ~ l= c S ~ I ~ z 'co 'ffi <<: WESLlE E. KELLEY 205 soum 44m SPRINGFIELD, OR 97478 Grlllltor's Nwne and Addnss -1~~~-PcfeWaare I.n 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 .~ ~ ~ ~~f!g~fm~U 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 I I ." ~ I , I ~- . . \ ' ') \ ~. ~!\ m I .... DAIST STREET 7__.4 . - \ I I I "'!l! 0/' 7:::': I ~~. APPROX. I . I 1/~COR. I \ \ I - - - --r -\- ---UNION AVE~'1J I ~~ . 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 S ",.'9&' ~.." ,,-FEB. 28. 2007 ).L.C:. l:iZ I fN COR. I.LC.55 9:36AM See Map 17 02 3i! 2 4 ., ~ See Map 17 02 32 J JlIJ"ASHR , 11 4 't I'l . UN' ~ tt) ~ . N ' iI~O ~~!:: LI.l w '" /~ ' <> ~ , COR. ~. 55 _. " 7'~'" ~..,. . ~~~ ~ l ''"~''- "l" ..;.~ \.:'-. ~~ ~4 ~ r-c~l~ SEE MAP 18 E\ /-;-0 l-:.> <.- (l~' 3732 ~~D~ ..,- REEN LAND TITLE CO P. 7 CENTRAL S D.L.C. 62 I $(11' ~ I NE COR./"?~ TO EDWARDS"~ I D.L.C. 55 c , I I ~I ~ ~c:rJ'r r,$a.9~4~1 /.$0/.02'4 I .)i4Q.e~' 7."7.5'''"*.4",-4,./",' SCO..(!" J I I I I I ~ . t ~ . ~ ~ ~ ~ " ' ~ -' . ~ ~ { 1~!Jo' ~..~A4'a -- '1* 'II>> - SEE MAP 17.02-32-4~2. -- -1G5- -l9l- ,/.gs"/'a~' I~l McKENZII::- olW....., 1 .-~ ,gl ... Si'RHT~ ~I (j' v ... '" Id ~ I~~ Se~ ~32 4 3 --- ~ 11 ,a.~ 17 :t .... BLUEBELLE It (;AMl::LLIA SI. 1 pN'~ ___ .~~ 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' . ~OUui;,~,~.-;w"",(,fifJ\l .~ REEN LAND TITLE C0 r .:' 'r. ,--....-. -~ ,...... .-1/ (. y-; ~..x)lij15 " ''',I ~..,,{&.- , I \~( ccr 1'J,t'."- / RP~el^L W^nn^~T~ OP,S~ 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 G~antee, SpQclal W~rrDnty Oesd - I ~. :r A .,;~, , ~, _;,l ;; .'],: \~ .I ,1"" . 1#". L ,. NO. 3732!J!P. 9 I r t ~. I ~ , I I t. I:;; 1 k.. i. U?,. [. ... :.,: " , .' r.. .". .f i. !;,::..:.. i.. [~.'; ,::~~} r . .,.. ~. I' ..;; ~.:. r'''.;.:. . r :...~': .". "" .", ~ J rE~;}8'30.0,!i. 9: 36A~2,~~u"L,~N.~T~~,.:~CO I' ,~, t !. ~;J<:' . ~.~ :::.' '::','" I; . '. ",i, . 1\ ,: '. !:1~~*-~,:;;;~,~;~,;;;j.:';;.i":'~;~~;~~;Y;'~;:;'~':;I7.tli::;:~.i~~;,'~.x.~q~;~.alf~ecelved: . "', ;'.~.. fIr>, ,.....~.,~.........,......-t'Aoo"l;..~......;;,I.7~v..j!I ;Ifo~...~~;W .".l,;'....~""l't.:..~f,\~~~!:l:::lF<_r...Y:"'I, er: D_R ~~;~~~~~~:)~:~';~~>~$;.~~:'i.;f;~;;:~~27~~iD:j~o;i}~(:: z:~i{';';1;~r::~~~~?~;:~~S'~~:;'~ r ., 82019<1:; ~. 510pe ~nSem~nt qrantcd ~he Gt't0 ot OtGgoh end 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, ..~ 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. >>13XIilS FUEl:, SKRVre~, II plu'tllershio '. , ~. Bv i.~......j.7..~,.l""......... RaymOnd ~~R~X1U~, ~artnor . ('V 'j ,. ( '\ . !Jy, I J.... ", f.~',L.: ......(" /..,~_ I'IUV1U tI. R~JilUS, at'tn~r .; "' ("..'. IlV trn:/~~~u;~~',f€€~~: ~~t\~r ~ n~KtUB ~OREST PbODUCTS, L~O. ~n Oregon Limltnd P~rtnQ(&hipr p"n,ner 'y ,.0~~>~' ,;/1./,..".'.-... Raymo~a ~. RQXiUi, GBner~l Partner !:tv'II", ,:,,(;', ',.,. M,av:l.f1 IJ. Re)(:l.Us, Ge:nuol "',anne[" ~JiAWI'OR ST^T~ or OReGON so. COUtlty of tane t.. 1n9 . On ,t:.hi.s As day of P"eOnlilry, 1977, 'JJIHGOnaU'{ ll~!JeaF.~~'~"" !bove nijlrle.~Yl'flohd, L. I\ed.~.lfl, and C1cknowhdged tl1lt/~6;-.~l;1a--:fr.J'" i,nstrument. 1:.0 OQ hiB yoluhtarv tJot anti deed, .,. .;., ~;:.. i J" .,t A' I;. r.- -ZZ:.;..,~. ,. /'f"~.~.,,.' . Nota~ pUbllQ !QrlVr~9dn~ ~ .,;1 My CommlA'si-on BXpicei~ ""~' !n\';,:,:>' My COmml,~1wI EtpIm~o~~':'j:l~"l.s lJ~forCII llIe: 8pe~lftl W"rc~nty De~d - 2 '". L " '. ". ..., . I ':'';' ,:1,,:, ,"',' " " .. . ',';.:.. . ,"~ I,' .. ~,':~~:t !, ,:i ~",:: " .. ::,'r. ,.. , ",. ,~:.~:!/.. ,: .:~:';:l. f-:-., ',\ :.'. ' )):'{: J'}'; '[1'2'. '" ....: ~, ....~: .. '.":'.' fH~::. ..: r..:' ,.....,. li~. .. f ,:~~~j:-,:. ['-', ;;:.-':' ~': " " ~.: : ': :~::.., ~: ,. ,.', " I .1'". ','.: .:", :':':'\' :.,: , ~-' . ~~ . ~~ /, '. .,.., .,,~ .!-'~ ",.. >:~:;~'~~ : ' ,f: . ~.'.~ , .~..~ .. .:: "? /1 . ~ :S-; f; '-IJ J "'. .'., d ~O.373~, 11. ~J;,1~~,~,~9:,36A,~ 'E REE~~AND~:!~~.~..C. . _....,' , ~ 1~: i~, .;.' '.. " " " .,i" ' ,. , . .' '.,',' ."ii ~ . . '. ... r" ,h I ~.t . I, ~l ''Ii. . .. 10 ~. ," ']; '. . '. I: . '~'i#.' 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On thh ?!;' dilY of Februnv, un, l'illHSanlllly C1~OlJtlt'ed tha abQY@ n(lmad JOne Rexi\1S Sutton, ..nd acknOWledged the fore9oi~g Inatrumcnt to be his VOluntary ~Qt anD deed. Belou mrH / . " I ,cQr I'lDGtHngton eXpirefll !fetor" liIUI'J.uc 'iy eommitJiion B'I'AT"B! Or OR.~QON CO\Hlt.V of t.lne '0. On t.hil; ~ thv of VebCUIlrY, 151'77, bHOfO Ine, the 1.II1tle,,"~ si~ned, ~ Not~ry Public in 8"~ for th~ COuntv an6 Rt~te. per;cnall, a~?aared t~e within n~roo~ ~avmono ~. RQ~iu8 a~d Hl1rvin t. Reldu91 know~ I!o me" to ,be aU o! t.he p.:lrtneu: in the O~egOij liM!~Qd pef~ner4hi~ of n~xluR ~or~tt products, ~td.. 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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 - ---,--~ . ,,:.~~~~~~_v..~ '~' - 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 WRE-EX . I""~ ..... ". " , , 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 ( vlp/o7 (/:6 Ym{~ \ .~ / 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 Zone Change Application 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 Zone Change Application 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. Zone Change Application 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. Zone Change Application 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. Zone Change Application 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 PeaceHealth Oregon Region March 15. 2007 Page 4 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. Metro PlanlEMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 5 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. Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 6 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. Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 7 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. " \ Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 8 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. Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15. 2007 Page 9 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) Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15. 2007 Page 10 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 Metro PlanlEMRP Diagram'Amendment PeaceHealth Oregon Region March is. 2007 Page 11 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. Metro PlanlEMRP DiagramAmendment PeaceHealth Oregon Region March 15. 2007 Page 12 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. Metro PlanlEMRP Diagram Amendment PeaceHealth Oregon Region March 15. 2007 Page 13 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. Metro PlanlEMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 14 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. Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region Marc~ 1 'i )007 .....- .--- Page 15 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 Metro PlanlEMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 16 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. Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 17 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. Metro PlanJEMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 18 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 . , . Metro Plan/EMRP Diagram Amendment PeaceHealth Oregon Region March 15.2007 Page 19 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.