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Home My WebLink AboutCorrespondence Miscellaneous 8/7/2007 '07 08/20 16:20 FAX 5033731580 LUBA 141001 .---.- -Oregon , ~ Theodora R Kulongoski, GoveII10r Land Use Board of Appeals PUC Building 550 Capitol Street NE, SUlte 235 Salem, OR 97301-2552 (503) 373-1265 (Voice/ITY) August 7, 2007 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 ofIntent to Appeal was sent certified mail on August 06, 2007 and received by the Board 00 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 2J days after the date oUhe land use decision being appealed. A copy of the record is to be prepar~d by respondent and transmitted to the Board within 21 days oflhe date of such service. Enclosed is a summary of the specifications for preparation of the rccord as set out in OAR 661-010-0025(4). Tfthe decision being appealed is on remandfrom LUBA 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,letter is a notice of the option to seek mediation in this matter. Very truly yours, iLf:-17- Executive Support Specialist Enclosures cc: Jannett Wilson _------:0 Post-!!: Fax Nots 7671 'ro f!'J((/JAd"" ColDept.. Phone /# Dale X/;:;O/D? 1d'.8'..~' S F,om J"'itYJ(.:!, Co.' 1-LI. 6.e-- FllX#Q'-lI) '7d4-"2,Cf'i9 , phone It: F""# 1 I Date Received:ml D7 Planner: DR lit" ~\ ~?.1zC?/ @ '07 08/20 16:21 FAX 5033731580 LUBA 141002 ,---- .-.' , , ., '--'" '--' ~ BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON ROBERT EMMONS, Petitioner, LUBA No. 2007- .1 5if v. CITY OF SPRINGFIELD, AUG01'07 PN12:23 UJBA Respondent. NOTICE OF ll"l J.J!.~ TO APPEAL I. Notice is hereby given that Petitioner intends to appeal the City ofSpringtield's I~d use decision al'l'.v<'ing applications LRP2007-00013 and ZON2007-00012, amending the Metro, Plan designation of approximately 5.24 acres of land from Light Medium Industrial (LM!) to Commercial, with an automatic corresponding redesignation to the East Main Refinement Plan, and :rezoning the same property from LMI to Community Commerciai. The city's notice of decision is attached as Exhibit A. The decision became:final on July 16,2007: n. Petitioner is represented by: Jannett Wilson, Goal One Coalition 642 Chamelton, Suite 100 Eugene, OR 97401 (541) 484:-4448. ill. 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 INfENT TO APPEAL - PAGE 1 '07 08/20 16:21 FAX 5033731580 LUBA 141003 '--' '--'". " , IV. The applicant, PeaceHealth Oregon Region, 123lnternational Way Springfield, OR 97477 (541) 686-3660 . was not represented by legal counsel at the local level. v. 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: NmcyFalk 2567 Marcola Rd. Sp~eld,()R 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 c:ll8e before the Land Use Board of Appeals must file with the Board a Motion to mtervene in this proceeding pursuant to OAR 661-010-0050. ' Dated: AUgust 6, 2007. . 9P-~~ LuJ2s0-0 lUnnett Wilson, OSB 965561 Of Attorney for Petitioner NOTICE OF IN1ENT TO APPEAL - PAGE 2 '07 08/20 16:21 FAX 5033731580 LUBA 141 004 Exhibit A , '-/ \.....--' , I cITY OF SPRINGFIELD . DEVELOPMENT SERVICES DEPARTMENiJ . NOTICE OF DECISION . _ ' .l SPRINGFIELD cITY COUNCil I METRO PLAN I REFINEMENT PLAN MAP AMENDMENT & ZONING MAP AMENDMENT DATE OF NOTICE: DATE OF DECISION: JOURNAL NUMBER: APPLICANT: July 18"', 2007 July 16"',2001 ZON2007-00012 & LRP2007-00013 PeaceHealth !NATURE OF REQUEST The applicant requested approval of a Metro Plan / 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 i (LMI) to Commercial and a concurrent Refinement Plan Amendment and Zoning Map I Amendment from LMl to CC. The applicant sought approval of these 'amendments in order I to facilitate development of a future medical office building on the site. I LOCATION OF PROPERlY The request involved two contiguous properties near 44'" and Main Street. 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 '. I applications on June 5"', 2007 and deliberate" on the applications on June 19'", 2007. The' Planning Commission voted unanimously (5-0) to recommend CiIy Council approval. On July 2nd, 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 197.83D(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 yoLl wish to appeal, you must file a notice of intent to appeal with the LUSA 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 seNed and ,filed in the fomi an" manner prescrlbed by LUBA, (OAR Chapter 66a, Division 100. Please call lUBA at 503-373--1265, if you have qLlestions about appeal procedures. I QUESTIONS If you have any questions concerning this matter, please contact David Reesor, Planner III at 541.726.3783. ~:J;J~ David Reesor. Planner III '07 08/20 18:21 FAX 5033731580 ___LUBA '. '''---""' "...; = 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 ,~.:...~~ Lauri Segel .' CERTIFICA.TE OF SEVlCE I further hereby certify that, on August 6, 2007, I served copies of this Notice of Intent to Appeal, pursuant to "OAR 661-010-0015(2), to the persons and entities listed in paragraphs Ill, IV, and Voftbis Notice, by fust-classmail at the addresses listed, 1-.o..\J'~ ~e~ Lauri Segel 141005 08/20/07 MON 16:27 FAX 5417263689 RECEPTION OK -iX/RX NO' CONNECTION TEL CONNECT I ON 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