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HomeMy WebLinkAboutCorrespondence LUBA 8/7/2007 '07 08/20 16:20 FAX 5033731580 LUBA --.- , ~001 -Oregon , , TI,eodcra R Kulongoski, GoveItlOT Land Use Board of Appeals PUC Building 550 Capitol Street NE, Suite 235 Salem, OR 97301-2552 (503) 373-1265 (Voice/TrY) August 7, 2.007 Joseph J. Leahy Leahy & Cox, LLP 223 A Street Suite D Springfield, OR 97477 RE: Emmons v. Springfield LUBA No. 2007-154 This is to advise you that a Notice oflntent to Appeal was sent certified mail on August 06, 2007 and received by the Board on August 07. 2008, in the above matter and that OAR 661-010-0015 requires that service of the notice of intent to appeal be made upon the respondent within 21 days after the date of the land use decision being appealed. ~c~ A copy of the record is to be prepared by respondent and transmitted to the Board within 21 days ofthe date of such service, Enclosed is a summary of the specifications for preparation of the record as set out in OAR 661-010-0025(4). ~, Tfthe decision being appealed is on remand froml-UBA and the record on remand incorporates the original record; you will need to refile a copy of the original record as we no longer maintain records from closed appeals. Attached to this Jetter is a notice of the option to seek mediation in this matter. Very truly yours, I-R -t-}y- Debra A. Frye Executive Support Specialist . Enclosures cc: Jannett Wilson _J -0"";'; Fax. (7-11) , Th" -,/,,/07 ~....'. '7 I F.om J'gjrJf,.. Co .LJ..A. era-- phone # '7;)4 - ~Cf)l4 tax. \ Post"!!, Fax NOle \ To ~Y)((Ut d? 1 CoJDept_ Phone # Date Received: Planner: DR 0'I7/D7 ' , ~bM1,~ @ F '07 08/20 16:21 FAX 5033731580 LtmA 141002 ., '--' '-" ~ \;"~. BEFORE TIlE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON ROBERT EMMONS, Petitioner, LUBA No. 2007- 1 stI v. CITY OF SPRINGFIELD, AUG01'01 PN12:23 LLiBA Respondent. NOTICE OF llUJ!.I'U TO APPEAL I. Notice is hereby given that Petitioner intends to appeal the City of Springfield's land use decision approving applications LRP2007-00013 and ZON2007-000l2, amending the Metro Plan designation of dYY' u^Jnately 5.24 acres ofland from Light Medium Industrial (LMI) to Commercial, with an automatic corresponding redesignation to the East Main Refinement Plan, and rezoning the same property from LMI to Community Commercial. The city's notice of decision is attached as Exhibit A. The decision became final on July 16, 2007; . \ . II. Petitioner is represented by: Jannett Wtlson., Goal One Coalition 642 Cbamelton, Suite 100 Eugene, OR 97401 (541) 484-4448. m. Respondent City of Springfield, 255 5th Street Springfield, OR 97477 (541) 726-3700 is represented by: Joseph Leahy, Leahy & Kieran 223 A Street, Suite D Springfield, OR 97477 (541) 746-9621. ---~,. - , . /- . NOTICE OF lNfENTTO APPEAL-PAGE 1 " '07 08/20 16:21 FAX 5033731580 LUBA ___ ~003 ----,- , '---' . ,-,' ~ r--- IV. The applicant, PeaceHealth Oregon Region, l23lnternational Way. Springfield, OR 97477 (541) 686-3660 was not represented by legal counsel at the local level. Y. As indicated by the City of Springfield records, written notice of the land use decision was mailed on to the following persons, in addition to petitioner~ s and applicant's representatives: Nancy Falk 2567 Marcola Rd. Springfield, OR 97477 Hyland Construction John Hyland and Shaun Hyland 1941-A Laura St. Springfield, OR 97477 Andrew Head 1616 Ardendale Lane Eugene, OR 97405 NOTICE Anyone who desires to participate as a partY in this case before the Land Use Board of Appeals must file with the Board a Motion to II1teJVene in tbis proceeding pursuant to OAR 661-010-0050. Dated: August 6,2007. CA~-tl LUJ2s0v U4nnett Wllson, OSB 965561 Of Attorney for Petitioner \",';n.., . , /- NOTICE OF.INTENT TO APPEAL - PAGE 2 '07 08/20 16:21 FAX 5033731580 LUBA -- --_....--- Iil1 004 Exhibit A '--" ,--' o , I CllY OF SPRINGFIELD I DEVELOPMEl'lT SERVICES DEPARTMENT i . NOTICE OF DECISION . . . I SPRINGFIELD CllY COUNCIL. 1 METRO PLAN I REFINEMENT PLAN MAP AMENDMENT & I ZONIIIlG MAP AMENDMENT DATE OF DECISION: JOURNAL NUMBER: APPLICANT: July 18"', 2007 July 16111,2007 DATE OF NOTICE: ZON2007-00012 & LRP2007-00013 PeaceHealth NATURE OF REQUEST . The applicant requested approval of a Metro Plan I Refinement Plan Map Amendment to the East Main Refinement Plan and a concurrent Zoning Map Amendment. Specifically, the applicant proposed to change the Metro Plan designation from Light Medium Industrial (LMI) to Commercial and a concurrent Refinement Plan Amendment and Zoning Map Amendment from LMI to CC. The applicant sought approval of these 'amendments in order to facilitate development of a future medical office building on the site. I LOCATION OF PROPERTY The request involved two contiguous properties near 44'" and Main Streel The subject properties are specifically identified as Lane county Assessor's Map No. 17-02-32..00 Tax Lots 400 and 402. . I DECISION The Planning Commission held a public hearing and work session to consider the . . applications on June 5111, 2007 and deliberated on the applications on June 19"', 2007. The Planning Commission voted unanimously (5-0) to recommend City Council approval. On July 2n., 2007, the City Council held a work session and public hearing on the subject applications. The City Council voted unanimously (6-0) to approve the subject applications. I APPEAL Pursuant to ORS 197.830(2)(b), a 'notice of intent to appeal may be filed with the Land Use Board of Appeals (LUBA) by those who appeared before the local government, special district or state agency 'orally or in writing, If you wish to appeal, you must file a notice of intent to appeal with the LUBA no later than 21 days from the date the decision was mailed to you by the local government. Copies of the notice of Intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the forrri and manner prescribed by LUBA, (OAR Chapter 66a, Division 100. Please call LUBA at 503-373-1265, if you have questions about appeal procedures. I QUESTIONS If you have any questions concerning this matter, please contact David Reesor, Planner III at 541.726.3783. \~ .." - ~0~~ David Reesor, Planner III '07 08/20 16:21 FAX 5033731580 LUBA _w__ ~005 '. '-..; ----' = CERTIFICATE OF FILING I certify that on August 6, 2007 I filed the original and two copies of this Notice of Intent to Appeal, together with a check for the filing fee and deposit for costs in the amount of $325, by certified first-class mail to: Land Use Board of Appeals 550 Capitol Street NE, Suite 235 Salem, Oregon 97301-2552 ~~ ~<<-w\ Lauri Segel CERTIFICATE OF SEVlCE I further hereby certifY that, on August 6, 2007, I served copies ofthis'Notice ofIntent to Appeal, pursuant to OAR 661-010-0015(2), to the persons and entities listed in paragraphs IU, IV, and V 'of this Notice, by first..dass mail at the addresses listed, 1-.(AIJ ,":- ~eoyA Lauri Segel 08/20/07 MON 16:27 FAX 5417263689 RECEPTION OK TX/RX NO' CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, ' RESULT CITY OF SPRINGFIELD 141,001 ********************* ... RX REPORT ... ********************* 8723 5033731580 LUBA 08/20 16:25 01'25 5 OK '.