HomeMy WebLinkAboutResolution 07-18 05/21/2007
CITY OF SPRINGFIELD, OREGON
Resolution No. 07-18
A Resolution Concerning McKay Investment Company's
Demand For Real Property Compensation
WHEREAS on November 2,2004, the voters of the state of Oregon approved
Ballot Measure 37 and thereby amended ORS Chapter 197 to require, under certain
specific circumstances, payment of compensation to the present owner of real property if
government land use regulations reduce fair market property value; and,
WHEREAS Ballot Measure 37 authorizes the city to adopt and apply procedures
for processing demands for just compensation; and,
WHEREAS, the City Council adopted Ordinance No. 6102 [effective December 2,
2004] adding Sections 2.900 through 2.995 to the Springfield Municipal Code prescribing
how to process demands for compensation under Ballot Measure 37; and
WHEREAS Section 2.930 of the Springfield Municipal Code requires that in
order to receive compensation, a present owner of real property must make a written
"demand for compensation," providing the city with pertinent information needed to
determine the validity of the claim and the alleged reduction in fair market value that is
attributable to a land use regulation applied by the city; and,
WHEREAS, McKay Investment Company LLC, filed a Ballot Measure 37 demand for
compensation under the provisions of Municipal Code Section 2.900 on December 1, 2006;
alleging that the action to designate and rezone their property at the intersection of Mohawk and
Centennial Boulevards from Major Retail Commercial to Nodal Development Area-Mixed-Use
Commercial, has reduced the fair market value of the property; and,
WHEREAS the City Manager has investigated the validity of the demand claim and has
made findings with respect to the procedures and criteria for deciding the validity of a claim; and,
WHEREAS notice of the McKay Investment Company demand claim was mailed to all
property owners residents within 300 feet of the subject property and received no comment
during the designated comment period; and,
WHEREAS, the City Manager has prepared and submitted a recommendation concerning
the McKay Investment Company to the City Council; and,
RESOLUTION
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WHEREAS, the City Council held a public hearing on the McKay Investment Company
demand claim on May 21, 2007 and has consider~d the testimony received at that hearing.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Springfield as follows:
1. The Common Council hereby finds and determines that the McKay Investment
Company demand for real property compensation to be a valid claim and authorizes
the City Manager to modify, remove, or not apply the elements of Article 40
and Article 41 of the Springfield Development Code that are the basis for the
demand claim, rather than paying compensation to the property owner,
McKay Investments Company.
2. This Resolution shall take effect upon the signing of a Development Agreement
negotiated by the City Manager or his designate, between the City of Springfield and
McKay Investment Company, LLC specifically defining those development
standards from Article 40 and Article 41 that will be retained or modified, and those
not to be enforced on the subject site.
Adopted by the Common Council of the City of Springfield, Oregon, and approved by
the may a vote of2.Jor-ana..o against, this 21st day of May, 2007.
ATTEST:
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City Record
REVIEWED & APPROVED
AS TO FORM
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DATE: _os- /i:L\ 0-'
OFFICE OF CITY ATTORNEY
RESOLUTION
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