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Home My WebLink AboutApplication APPLICANT 10/30/2009 City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 (,~, '- .~ Zoning Map Amendment, Type \II ~ Applicant Name: [. '. .' -I Phone: , "I company:' Springfield Cemetery Acquisition LLC [Fax: I. . I Address: PO Box 22210, Eugene, OR 97402 I ;;~~tE.~~j~~--rp,;o-;.~~,_1 Company: ISpringfield Cemetery Acquisition LLC IFax: Address: [PO Box 22210, Eugene, OR 97402 ownerSignatur~ll ~/<,", .~~ 1 ~t~~~RRL~'~lli~lliE[rJ~b~~_t;j~~:~foWn'~Y)~~~ipJm[~l'b~t;illi~ppnc~~@1~~t~li5}Fr~JQflti~riiP,~t@1[&L~ ASSESSOR'S MAP NO: 17-02-35 TAX LOT NO(S): 3704,3705,3706 Property Address: 3790 McKenzie Highway, Springfield, OR 97478 Area of Request SCJuare feet: 128[333 Acres: 2.95 - -.~_..__.~"',_",_- '~~'~~~_~''''__O' .. . '__~-=-_.,"''M,*,,,,...,,,,,,,,,,,,,,,,, ."',.""'-^'....""""'._"""""~."",'"'...,_.""'-,,,............. Existing Use(s} . of Property: Cemetery Vacant . Description of The Proposal: Extend the area zoned Public Land and Open space eastward to rectify use conflicts (cemetery building partially located on residential zoning) and to 'expand'Springfield Memorial Garden cemetery uses. Following approval, Owners will apply fora property line adjustment to make TL 3702 fit the PLO-zoned area. .. . ... .' . , - ~ \'410m:~lt---.-~., w:;;-.:ttc.0Jl10^~~~12ii%~~:'l,*",,""''''\,{!J~'';;'-''''''~1:;?r.:'il;fC''''''iil!i1~~~'If''f~~~-:l:~4t:>:.11 . Received by: loJ~olo0 (initials) , Case No.: Date: ~ il5??;)'/' qo lP" 2rxPi'~ O75D2/:> o . tJ::) Applicati~n Fee: 11 5/ '7 2 ~ Postage Fee: Edited 7/19/2007 bjones Date Received: . O~T 3 0 2009 ;. Original Submittal 225 Fifth Street Springfield, Oregon'97477 . . . 541-726-3759 Phone Job/Journal Number ZON2009-00023 ZON2009-00023 ZON2009-00023 Payments: Type of Payment Check ~ !l>. . ~f .. cReceintl RECEIPT#: ly of Springfield Official Receipt Development Services Department Public Works Department 3200900000000000742 Date: 10/30/2009 Description CTY Zoning Map Amendment + 5% Technology Fee . Postage Fee Type III - $385 Paid By MUSGROVE F AMIL Y MORTUARY, INC .. Item Total: Check Number Authorization .Received By Batch Number Number How Received tj 09953 In Person Payment Total: Date Received: OCT 3 0 2009 Original Submittal Page I of 1 1:42:00PM Amount Due 5,178.00 258.90 385.00 $5,821. 90 Amount Paid $5,821.90 $5,821.90 10/30/2009 LAW OFFICE OF BILL KLOOS, PC OREGON LAND USE LAW 375 W. 4" St, SUITE 204 EUGENE, OR 97,401 . TEL (541) 914-4167 FAX (541) 343-8702 E-MAIL DANTERRELL@LANDUSEOREGON.COM October 28, 2009 Andy Limbird Development Services Department City of Springfield 225 Fifth Street Springfield, OR 97477 Re: Zoning Map Amendment Application - Springfield Memorial Gardens Dear Andy: Attached please find a check, application form and application materials for a zoning map amendment application submitted on behalf of my client, Springfield Cemetery Acquisition, U~ . I will be the point of contact for my clients. My contact information is: Dan Terrell Law Office of Bill Kloos, PC 375 W. 4th Street Suite.204 Eugene, OR 97401 541-914-4167 (work/cell) 541-343-8702 (fax) danterrell iallanduseorellon. com Thank you for your assistance with this application. ?\cerely: () ./ /J /}, v.~. -1(lJ~ Dan. Terrell Date Received: OCT 3 0 2009 Original SUbmittal_ ZONING MAP AMENDMENT APPLICATION WRITTEN STATEMENT: ..' Applicant: Springfield Cemetery Acquisition, LLC PO Box 22210 Eugene, OR 97402 Property Owner: Springfield Cemetery Acquisition, LLC PO Box 22210 Eugene, OR 97402 Property: 3790 McKenzie Highway Springfield, OR 97478 . Tax Lots 3704,3705, & 3706; Map 17-02-35-00 Applicant's Representative: Bill Kloos Law Office of Bill Kloos, PC 375 W. 4th, Suite 204 Eugene, OR 97401 541.954.1260 541.343.8702 fax I. LAND USE REQUEST , This zone change application seeks a quasi-judicial zoning map amendment to change the zoning for 2.95 acres on three tax lots, totaling 10.23 acres in size, from Low Density Residential (LDR) zoning districtto Public Land and Open Space (PLO) zoning district to expand the Springfield Memorial Gardens eastward. The purpose of the request is two-fold. First, the zone change will correct the zoning for the area under and ~ound part ,of the cemetery's mausoleum, which was built over twenty years ago. Second, the zone change will provide additional area for cemetery use, especially forthe expansion of the Veterans' G'ardens portion of the cemetery. The application implements the existing expansion plans for Springfield Memorial Gardens and continues to reserve future exparision areas under their existing zoning. , . The zone change will expand the PLOzoning of the cemetery eastward one hundred feet (100') eastward along most of the eastern boundary of the property. A portion ofthat zoning area will extend the new zone line one hundred and fifteen feet (l15') eastward. See Exhibit A, Zoning Map Amendment survey prepared by D. \Vellinan Surveying L.L.C. for the exact footprint of the zone change. Approval ofthis application will change the zoning for all of Tax Lot 3704, and will change the zoning for portions of Tax Lots 3705a~d 3706. Page 1 of 11 - Zone, Change Application Written Statement Date Received: OCT 3 0 2009 Original Submittal Following approval of the zone change application, the property owners will prepare alld file applications to move the propeliy lines and to replat the parcels so that Tax Lot 3702 will correspond to the new PLO zoning footprint and that Tax Lots 3705 and 3706 will occupy the remaining LDR-zone.d area. II. SITE CONTEXT , Springfield Memorial Gardens is located on Main Street as it transitions to the McKenzie Highway #126 in the Thurston area. See Exhibit B, Aerial View of Subject Property, .attached hereto. Springfield Memorial Gardens is an open lawn cemetery with few large. structUres on the property. See Exhibit C, Site Photographs,. attached hereto. The two prominent buildings are the rriain office and the mausoleum located on eastern half of the cemetery / property. As shown on Exhibit A, the mausoleum was constructed straddling the property line between tax lots 3702 and 3704. The "bump" in the new proposed zone line is to accommodate the footprint of the parking area that surrounds the mausoleum (see Exhibit C Site Photographs) ~d an appropriate s~tback. The cemetery is approximately twenty-two (22) acres in size, not including the.area located on tax lot 3704 under themausoleum.and parking lot. The proposal seeks tq add 2.95 acres.zoned to allow cemetery uses. The Springfield City limits runs along the eastern property line of tax lots 3705 and 3706. The Urban Growth Boundary (UGB}is approximately one-half mile south-east and east ofthe subject parcels. .. The area around Springfield Memorial Gardens is primarily planned and zoned for low density residential use. See Exhibit E, Metro Plan Diagram Excerpt and Exhibit F, Zoning Map Excerpt, attached hereto. Immediately adjacent to the northeast comer of the cemetery is a parcel zoned for neighborhood commercial use. Within a half mile of the cemetery are several other parcel~ zoned for neighborhood commercial use, a fire station, a school and public parks. See Exhibit F Zoning Map Excerpt. m. CRITERIA FOR APPROVAL The application must be consistent with Springfield Code, Section 5.22-100 Zoning ,Map Amendments. The applicable approval criteria are provided under SC 5.22-11 O.c.1 through.3 and are presented below in bold, with the applicant's findings and conclusions following in plain text. \ SC 5.22-110.c.l Consistency with applicable MetroPlan Policies and the Metro Plan diagram; '. Findim!s: The Metro Plan diagram shows an area designated Parks and Open Space atthe location of the Springfield Memorial Gardens. See Exhibit E, Metro Plan Diagram Excerpt The shape of that diagram appears to correspond to the current configuration of the cemetery. The proposed zone change seeks to expand cemetery uses, \lnder a PLO zoning designation, eastward, into an area that appears to be designated for Lowpensity Residential use. Date Received: Page 2 o'r 11 - Zone Change Application Written Statement . . . OCT 3 0 2009 Origipal Submittal . , The Metro Plan explicitly discusses cemetery use in the Parks and Open Space plan designation:' . "This designation includes existing publicly owned metropolitan and regional scale parks and publicly and privately owned golf courses and cemeteries in recognition of their role as visual open space." Metro Plan at IlcG-9. The Metro Plan also discusses how not all parks and open space uses are or can be identified on the Metro Plan Diagram. Here, the Plan explains that these uses can also make up part of the gross allocation of residential acres. Metro Plan at II-G-9. When discussing the Residential plan designation, the Metro Plan explains: "This category is expressed in gross acre density ranges. Using gross acres, approximately 32 percent of the area is available for auxiliary uses, such as streets, elementary and junior high schools, neighborhood parks, other public facilities, neighborhood commercial services, and churches not actually shown on the Metro Plan Diagram. Such auxiliary uses shall be allowed within residential designations if cOl)1patible with refinement plans, zoning ordinances, and other local controls for allowed uses in residential neighborhoods." Metro Plan at II-G- 3. Consequently, Parks and Open Space uses are allowed in the Residential plan designation, as part ofthe 32 percent area for auxiliary uses; so long as the auxiliary use is compatible with refinement plans, zoning ordinances and other local controls. When' falling within the above parameters, the PLO zoning designation is an implementing zone for the Residential plan designation. . '. I . Here, there are no applicable area refinement plans or relevant "other local controls." The Springfield Zoning Ordinance does not allow cemeteries in the Low Density Residential zoning district, but does allow them in Public Land and Open Space zoning district. Because the application requests a zoning map change to PLO, the proposal is compatible with the zoning ordinance and is consistent with the Metro Plan diagram and those portions of the plan that discuss land use designations. There is also a second basis for concluding that the application is consistent with the Metro Plan diagram. The Metro Plan diagram expressly states that it is valid only when it is printed to II x 17 inch scale. See Metro Plan Diagram, Metro Plan at II-G-17. When printed at llxl7 inches, the diagram is scaled at I inch equals 7,000 feet (I" = 7000'). The diagram states that the current plan designation for specific parcels should be confirmed with the appropriate governmental entity. The Metro Plan explains that the diagram is parcel specific only in certain cases, which include: . , "I. Parcels shown on the Metro Plan Diagram within a clearly identified Plan designation, i.e., parcels that do not border more than one Plan designation; Date Received: Page 3 of 11 - Zone Change Application Written Statement OCT 3 0 2009 Original Submittal "2. Lands outside the UGB ,within the Metro Plaq boundary; "3. Parcels with parcel-specific designations adopted through the citizen"initiated Plan amendment process; "4. Parcels shown' on a parcel"specific refinement plan map that has been adopted as an amen~ment to the Metro Plan Diagram." Metro Plan at G"II-2. . The parcels in question border more than one Plan designation, there is no applicable" parcel-specific refinement plan map for the area, and no parcel-specific designations have been adopted for the parcels. Consequently, the Metro Plan diagram is not necessarily specific for these parcels and is subject to interpretation by the city. As the plan explains: I "[T]he boundaries 6(Plan designation areas in the metropolitan UGB are determined on a case-by-case basis, where no parcel-specific designation has been adopted." Metro Plan at II-G-2. Here, it is reasonable to conclude that since the mausoleum building has been in place since at least 1987 and the latest version of the Metro Plan diagram was adopted after that date, the Parks and Open Space plan designation was intended to include those portions ofthe subject properties either in cemetery use or intended for cemetery use. If that is the case, then the application request for PLO zoning is consistent with the underlying Parks and Open Space plan designation and is consistent with the Metro Plan Diagram. This approval standard also requires consistency with Metro Plan Policies:' Applicable Metro Plan policies are presented and addressed immediately below. Residential Land Element Policy A.2: Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and the UGB until rezoned for urban uses. . . Findings: As discussed above, the Metro Plan recognizes that approximately 32 percent of the gross area designated Residential will be put to accessory uses, to include those uses that can be included in a Parks and Open Space plan designation if done consistent with the local zoning . ordinance. Given this framework, the proposal requests zoning that is consistent with the Metro Plan for areas planned residential. Condusions: The proposal complies with this Metro Plan policy. Environmental Design Element Policy E5: Carefully develop sites that provide visual . diversity to the urban area and optimize their visual and personal accessibility to residents. Findings: This proposal seeks to convert an area that would otherwise be puno low density residential use into expanded cemetery uses. The Metro Plan recogniies that cemeteries provide Date Received: Page 4 of 11 - Zone Change Application Written Statement OCT 3 0 2009 Ori~in6: .SubmittE.;!______ visual, open space diversity to the urban landscape. This is particularly true of open lawn cemeteries like Springfield Memorial Gardens. Given that .the area surrounding the cemetery is either in residential use or will be developed with residential uses in the future, the expanded cemetery will contin~e to provide open space visual diversity from the surrounding residential development for residents. Conclusion: The proposal complies with this Metro Plan policy. Transportation Element Policy F.14: Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. Firidim>:s: The proposed zoning map amendment will not provide for the type of use where additional roadways will be developed, either within the property or to support the permitted uses. Circulation within Springfield Memorial Gardens takes place.on low-speed, low-iraffic volume drive ways. City roadway system improvements are not needed to support expansion of the cemetery uses. ' , . The zoning map amendment will reduce future traffic counts from those that would result from development under the current Low Density Residential zoning. Traffic volumes to Springfield Memorial Gardens should not change, as the greatest rate of vehicle trips to the cemetery arises during funerals. The increase in cemetery land area does not result in an increase in the number of funerals in any given time period, but simply provides for an increased capacity . for interment in the cemetery over the long term. Conclusio!): The proposal complies with this Metro Plan policy. Conclusion: Based upon the above analysis the proposal complies with SC 5.22-115.c.l. SC 5.22-115.c.2. Consistency with applicabie Refmemel1t Plans, Plan District maps, Conceptual Development Plans and functional plans; and Findin!!s: The subject parcels are located in the Thurston'area of Springfield.' There is no Thurston area refinement plan or Plan District map. The subject parcels are not subject to any conceptual development plans. Relevant functional plans include TransPlan, the Eugene-Springfield Metropolitan Area Public Facilities and Sewer Plan, and the Willamalane 20- Year Park and Recreation Comprehensive Plan. ' TransPlan TransPlan is the Eugene-Springfield area's transportation system plan (TSP) and is a functional . refinement plan to the MetroPlan. Policies from TransPlan have been incorporated into the Page 5 of 11 - Zone Change Application Written Statement Di'lteReceived: OCT 3 0 2009 Or!~lnQI !~~:ubm,p~'i .... , ~~:..~._-,,_.._- . MetroPlan. Consequently, relevant policies have been addressed above under SC5.22~115.c.1. Relevant TransPlan policies have been incorporated into the Metro Plan .and were addressed above. Eugene-Springfield Metropolitan Area Public Facilities and Services Plan Similar to TransPlan, the Eugyne-Springfield Metropolitan Area Public Facilities and Services Plan is a functional refinement plan to the MetroPlan, which incorporates policies provided in the refinement plan. The public facilities and services policies are generally directives to local governments to guide planning and infrastructure development decisions. They are generally not applicable to site- specific quasi-judicial decisions, especially when those proposals, like this one, will have no impacts on facilities and services and will require no improvements to the facilities and services. " , Consequently, none of the public facilities and services policies are relevant to this proceeding. Willamalane 20- Year Park and Recreation Comprehensive Plan The Willamalane 20- Year Park and Recreation Comprehensive Plan ("Willamalane Plan") is the city's functional plan for providing parks and recreational facilities and services. While the plan does not address cemeteries and cemeteries are not considered recreational facilities, the MetroPlan.recognizes the value of cemeteries as as open space and individuals use them for low- intensity recreational uses such as walking. Policy A3 at page 23 of the Willamalane Plan provides: "Work with the City to encourage the private provision of quality parks, urban plazas, trails, linear parks, rooftop open space, and other amenities in private developments, where consistent with the goals and standards of thIS Plan; the provisions of the Springfield Development Code, and other applicable co:des and standards." . An open-lawn'cemetery that is open to the public can be considered an "other amenity in private developments" used in this policy. This proposal seeks to expand the current cemetery use, to include an additional 2.95 acres, which will continue the open space characterofthe site. The Willamalane Plan proposes additional recreational facilities in the general mea under the designation E5 on its planning maps. The E5 area .includes the properties along the city limits and within the UGB, south of the McKenzie Highway, in east Springfield. The Wiliamalane Plan envisions a neighborhood park and a natural park for the area. See pages,43 and 47. While the proposed use will not fulfill these needs, it will offer an open space environment in the interim period until the desired recreational facilities are developed. Date Received: Page 6'of 11 - Zone ,Change Application Written Statement I OCT 3 0 2009 , Ori!Jil"a! Submittal Conclusion: The proposal complies with SC 5.22-115.c.2. SCS.22-115.c.3. The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these , facilities, services and transportation networks are planned to be provided concurrently with the development ofthe property. Findin2:s: ,Key urban facilities and services are defined in the Metro Plan as: wastewater service; stormwater service; transportation; water service; fire and emergency medical services; police protection; City-wide parks and recreation programs; electric service; land use controls; communication facilities; and public schools on a district-wide basis. See Metro Plan, page V-3. The full range of key urban facilities and services listed by this standard either already serve the subject property or can be reasonably extended. Wastewater Service: Wastewater service is already provided to the cemetery. An existing major wastewater system pipe runs along South nnd Street. This rezone from residential to cemetery use will reduce the potential future demand for wastewater service and will only add demand for. wastewater services if structures are built on the rezoned areas. No structures are anticipated at this point for those areas. Storm water Service: The subject parcel is within an existing system catchment basin. that adequately serves the subject property. The city's Stormwater Master Plan shows . stormwater lines along the McKenzie Highway and on Southnnd Street. The Stormwater Master Plan also shows proposed improvements (elP 7, Reach #8) to the piped system that runs along the northern property line of the cemetery to increase capacity of the system to accommodate development of parcels that lie east of,the cemetery. TransDortation: The area subject to the zone change application will ultimately become part of the Springfield Memorial Gardens and will be served through the cemetery's internal road network. Springfield Memorial Gardens has existing access onto the McKenzie Highway #126 (Main S'treet). McKenzie Highway is classified as a principal arterial in TransPlan. This transportation network is adequate to support the proposed uS,e, Water Service: Adequate water service to the property is already provided by SUB. The rezone from residential to cemetery uses will reduce the overall, long-term demand for public water service that would have arisen if the property had been developed for residential uses. Water service to the property is currently adequate for any expanded cemetery needs. Fire and Emef2:encv Medical Services: The property is served by the City of Springfield and the Springfield Department of Fire and Life Safety. A fire. station is located approximately Y2 mile west of the cemetery. Those facilities are adequate to support the proposed use. Police: The City of Springfield provides police service to the property. Date Received: Page 7 of 11 - Zone Cbange Application Written Statement OCT 3 D 2n~9 / Or!cit;:3! :;\~t;:;j;tt.r.:L_.____.__ Citv- Wide Parks and Recreation: The proposed zone change will reduce the demand for local and city-wide parks and recreation services and facilities due to the nature ofcemetery uses. The Willamalane 20- YearPark and Recreation Comprehensive Plan, Map 6 Community Park Service Areas, shows that the subject property is well served by existing community parks. The primary rieighborhood park that serves the area is the Lively Memorial Park that includes a swim center. Closer to the cemetery property is a sports park~ Bob Artz Memorial Park. The closest local park is the Jessie Maine Memorial Park on South 69th Street. The subject property is presently proVided with adequate parks and recreation services and facilities. . Electric Service: SUB provides electrical services to the cemetery property that are adecjuate to accommodate cemetery uses on the subject property. Land Use Controls: The subject property IS within the Springfield city limits and the property is subject to the city's land use controls. Communication Facilities: Adequate telecommunication services currently serve the . subject property. The uses that will arise from the proposed zone change will not increase the demand for communications facilities. District- Wide Public Schools: The property is within the Springfield school district. Because the proposal is to rezone the property from a zone that allow residential' use to one that allows cemetery use, the,proposal will reduce the potential burden on public schools because of the nature of the proposed use: Consequently, the public school facilities and services are adequate given the nature of the proposed rezone. Conclusion: The proposal complies with SC 5.22-115.c.3. . SC 5.22-115.c.4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall: . . a. . Meet the approval criteria specified in Section 5.14-100; and b. Comply with Oregon AdmjnistrativeRule (OAR) 660-012~0060, where applicable. Findings: This application is for a quasi-judicial zoning map amendment; it is not a iegislative zoning map amendment that involves a Metro Plan Diagram amendment. Consequently, this standard is not applicable to this application. Conclusion: The proposaL complies withEC 9.8865(4). , Date Rec~ived: OCT 3 0 2009 Page 8 of 11 - Zone Change Application Written Statement Origin~1 Submittal Goal 12 Transportation Because the zone change application will result in a change to the zoning map, caselaw has established that the proposal represents an amendment to a land use regulation. Therefore, the Goal 12 Transportation Planning Rule (TPR), OAR 660, division 12, must be addressed. Relevant portions of OAR 660-012-0060 provide: (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) ofthis rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: '. (a) Change the functional classification Qf an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or .. ',' .... (c) As measured at the end ofthe planning period identified in the adopted transportation system. plan: (A) Allow land uses or le.vels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility. below the minimum acceptable performance standard identified in the TSP or comprehensive' plan; or (C) Worsen the performance of an existing or plaimedtransportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. (2) Where a local government d "~,,. ~ines that there would be a significant effect, compliance with section (1) shall be accomplished through one or a combination of the following: ' (a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards ofthe Page 9 of 11 - Zone Change Application Written Statement Date Received: OCT 3 0 2009. Original Submittal >transportation facility. (b) Amending the TSP or comprehensiye plan to provide transportation' facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include an amendment to the transportation finance plan so that the facility, im~rovement, or service will be provided by the end of the planning period. (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travelneedsthrough other modes. (d) Amending the TSP to 'modify the planned function, capacity or performance standards ofthe transportation facility. (e) Providing other measures as a condition of development or through a . . development agreement or similar funding method, including transportation system management measures, demand management or minor transportation improvements. Local governments shall as part of the amendment specify when measures or improvements provided pursuant to this subsection will be provided. FindinQs: This application seeks to change 2.95"acres from Low Density Residential zoning to Parks and Open.spacezoning to allow cemetery uses. This represents a down-zone of the property and will result in a substantial reduction in traffic impacts that could arise from the allowed uses under the new zone. . Goal 12 and the Goal 12 rule are not implicated by this application. The uses and densities that will be. allowed under the proposed Public Land and Open Space (PLO) zoning will reduce the demand for traffic facilities that would otherwise have been needed to serve the subject property ,. . . if it had been developed with residential uses under Low Den.sity Residential (LDR). This is particularly so given that the land will be converted into cemetery use and will be subjeCt to statutory limitations regarding cemetery operations. InMason v. City of Corvallis, 49 Or LUBA. 199;222 (2005), LUBA held that the Goal 12 rule is not triggered when a zone change will result in less vehicular traffic than would be generated from allowed uses under the unamended zoning. See also, Marine Street LLC v. City oj Astoria, 37 Or LUBA 587, 594 (2000)(In circumstances where proposed changes to a land use regulation will not increase potential traffic impacts on the transportation system, such changes do not "significantly affect a transportation' system" within the meaning of OAR 660-012-0060(2).). Conclusion: The proposal is consistent with the Goal 12 rule. Date Received: OCT 3 02009 Original Submittal Page 10 of 11 - Zone Change Application Written Statement IV. CONCLUSION For the reasons provided above, the city should approve this zone map amendment application. Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E \Exhibit F Zoning Map Amendment survey prepared by D. Wellman Suryeying L.L.c. Aerial View of Subject Property Site Photographs Assessor's Map Metro Plan Diagram Excerpt Zoning Map Excerpt Page 11 of 11 - Zone Change Application Written Statement Date Received: OCT 3 0 2009 Original Submittal ZONING MAP AMENDMENT" SOUTH SIDE OF MAIN ST. EAST OF 72ND JULY 23, 2009 .BO' R/W ~C\.~ ~'''' 300,.6' .~,,1 210,.62 W . z ~""~-( :J ~C\A ~ ,~~'i \ ~-J ~\..o\S :i 0 p..OO\1\~ ~ en \S\\I-IGF\t\.D 11..\ S?'t)AOR,,Io.L ~{::r~~1 ~100' ~ N Cll " <J) Z ~ pR. ~ ';; ~ c:,J... W ,,_~'I '-.J ~g "0 /~~ u:. SJf(;y <7.. I' (j.:;), f _ I I 1S' ~ ~. I, Jr SCALE 1"~200' . C\.~ ~.' . 'I$f9 ~~~ ~OO~.~ , ~ ~. r ,,-' ~g "''' (fatr u.;, ~\-Q (J~ , ,7-'0. S<<t~O\t~-( ~ t>-GS >;l'<"S ~()" .v"':{. .' \OOO<<'?- S; \ \ "O..l.. ~g ",,, t:J'~Ly u.;, <'-b " . Ci'-2~ ~G' a", -11v ~ "h '---.. <"", "-- ";- \ NOTES: THE PROPOSED EXISTING USE PATTERNS ENCOURAGE A CHANGE IN BOTH ZONING AND PROPERTY LINES AS SHOWN.. THE OWNERS WISH TO BOTH RECTIFY EXISTING CONFLICTING USE PATTERNS AND FURTHER OEVELOP THE AVAiLABLE RESIDENTIAL PARCEL IN THE FUTURE. THERE ARE TWO LARGE BUILDINGS ON THE SITE AS SHOWN. THE MAUSOLEUM IS ACROSS THE CURRENT SUBDIVISION/ ZONING L1f:JE. TI-JE NEWLY CONFIGURED WESTERLY AREA OF -FIRST ADDITION TO ,SPRINGFIELD MEMORIAL CEMETERY TO BE PLATTED FOR CEMETERY IN THE FUTURE. ZONING OF FIRST ADDIllON TO SPRINGFIELD MEMORIAL CEMETERY AND SPRINGFIELD MEMORIAL CEMETERY IS PARKS AND OPEN SPACE (P /0) , ZONING EAST OF FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY IS CURRENTLY lOW DENSITY RESIDENTIAL (LOR)., 90' R/W OW"I wZ ~:J Q.W ~5-- Q.NI -2~1nn'-,~ 314': c._ 0,63.42' , , ilK @iJ " '11>0 C;; ';I 15' . ~ ,~ CJ) :! ~;I -~ 249.{ -' EXHIBIT A I i STREET I I ~ '" '^'. --- I I I '1 I I I i \. I Date Received: ! OCT 3 0 200~ I Original Submittal I 1 REGISTERED 1 ' PROFESSIONAL LAND SURVEYOR ~~7I- f.Jg~ l OREGON J JULY 1985 . :,oAVID H. WELLMAN 2163 . I RENEWAL: ,IJ~ ~ rw il MAP NO. 17-02-3S TAX LOTS 3702, 3704, 3705, & 3706 ZONING MAP' AMENDMENT SECTION 35, T17S, R2W, WM SPRINGFIELD, LANE COUNTY, OREGON ORA WN BY: KRC I DArt:: 7 /23/09 ~ MUSGROVE HOLDINGS, LLC D. WELLMAN SURVEYING LLC. 90686 NORTHROP DRIVE CLIENT: EXHIBIT B Aerial View of Property OCT 3 0 2009 Original Submittal EXHIBIT C ,\ \ \ l ~ .,'~:-- .. Ill- ~~,..,'-- , '.~I_'~~- - ",' .::~- ~:~;,~~ ~ , .:.;:-".~~~:..: ~i ......,h.~';;-~,M'...-" ..~-;;".t...,,.,, " '. - ~" .: ":. ~.- '...... ,,:;?,. ~.}-.'f-r- ~~ . ,;~,:~ , D q --:" !Q....-.'-" . .'~lilJi; . tr '~:~t~).1. ,...'~.' '..~~. 1. Springfield Memoral Gardens - Entrance ~io,u .'';';;,l..J.J 2. Springfield Memorial Gardens looking south-east. OCT 3 0 2009 Original Submittal .'. ';y.', C.'N,;:'" , '~.~ ",.' ~ :'-"'~.':""W:<('"" - ~. .'''~~_ "l' ," '\'''''''~~f' "-",,~' :.'1." h""~, iJt...,-' '" . :. ~. "".t1',}~..~, I .~ ... - w"~.,--{,~':-::ci_i:'.:i\4t:t;,J.~~~;', . : _.~ .r,:7~-.;. ..r'li_"'I' .-:~J '.t>f.~~""'~,'\; '~i'1;,J!l!o~""~~f~;' , . - ~ -' .; ~/..".;'; .' .::..../, J, ~r".' ~ ,;~~ ...~~f.' ~_,...,jr~i ~~ ~.-- ,.~.. ~. . ~~~;..,' :~.~.(,~ '~1~- /......, ! -. ~ - '1 3. Main office to the left; mausleum center behind trees. e Received: 4. East end of mausoleum. The fronVside corner is on the property line. OCT 3 0 2009 The part of the building in shade and the parking lot is on the adjacent parcel. Original Submittal - -- - 5. Looking north towards Veterans' Gardens along the service drive. The property line runs along the east (right) edge of the road. ceived: o 2009 6. Looking at the eastern edge of Veterans' Gardens and the groomed area proposed for cemetery expansion. 0" I S b 'tt I nglna u ml a Ii) I")x W NO Oz '" "- '" <X) Cl ~ ~,~ -l ~ ~ ~ ?= "'! a::: VI I'- ~ Ii) I") Z o i= u w VI (, Zg :;)- 0' U'- ~~ :5 ~ 7Z ~O > - -I- J<(>- )X-' J <( Z ~ I- 0 Co Z :::. <( ) \ ~ ~~~~~ z g~ lO Ll cM1 TIS d i! xli .....H~" 08 .. or: ''''_.' ~~ ,l ,: ......"., -'1-- . -- L'''' -- Ii, ," o o . ~~ o 0 ~ r:a- ~~ ,~i'" ~~ "1, "1~ ~ci'\. J~ ~ o o ~~ Wd ~;:! .( :,1 : " " "' o o -' - g <f .ci ...0 WZ , C ; g LLJ a. ~~ fm ~ L..c:::::-- o ; " " ~ ~ Ii et:lIlg ~ ~ 8:3 8~o <n t: ~~-! no " ,/ . '!I"ON avO>! :>qgnd ''';~-';;~~:,:';:~i~- \' (QVOIJ Sg~"'le ' "-~'~'.;.".'::':-~':~~ \ I -'j \\ 2 \ " I.mm.. 1 ~1'" :::-., ~H 0 u; 10l .' '" ...... ; ~ ..... Ii " :~; ~o;; '-' A ;':'8"-"'" ... ~ N -'.., n~. 1;.....'- 'I ~ .: '" '.-."....-. ,. ., \ I wd .~ oici i <0 i " i g <1 ,.... .: ~ j ~ - 0) o I \~ o ~ / ~~H LJ~ . """""'.ci '1 . ..,~t ~ ~ ffi VI , L"~"JS,,, 8~~ ,.U 0 ." ~;i<j, /"II~ ~ ~ ~ ~<' ! ~ ' I ~ /H~r\-$31f r " L~ ~ "'" " ) '1 ~li lG "~ ~t i c SL ': 1I/11ii 'in '-~ ll~ ,. ~z " " !1 <_ a. ~ ~ ~ :Q w" U'. '" .....! '" - ;:~ I ~~;l Iij: It I -. .\ ; . " ,. ~ ~\ lJ~~ '. ~:> ~i 1 I,' !I c::cr:~ 8~ . ~o ~~;:! ~u,.(, "5: . , V ~~I 7( ,~ ..., ;';cij z ~ ~Io .~ -" Ir-v .~ r--' . ~ " " ~ tr z:o Ll d'ffl :TIS r 9r z:o Ll d'fll 33S EXHIBIT D Ii) I") X W NO Oz if. I'- .:0 ;! -f " 8~~ '~dl iii .-! 1Ii:l:~ . ~ ~ \ ~ :: f' ". ~ ol()I~ (J. , o , ,.LJ -; llici I! I' ~ " o ~ ~ ~ - 't I ~ 17"- '!' I' ~ N ,0 " o . ~ W ~ N " o " o . ~ w w - " " ~ ~ ~ Iii U ~ ~ - ~H~s: ~. z, (:; ..,) ~ ,"!" !>811 n ~l..~ wI> d~f~ Received: JeT 3 u 2GG3 Original Submittal EXHIBIT E Metro Plan Diagram Excerpt - Springfield Memorial Cemetery " \NY ,2" \\J\cKENI\ ..-.... Date Received: OCT 3 0 2009 Original Submittal , .. t ~ a.<O'1 r IT. D~ tIT r < IT ;, I , . 'T 1 ri . ".. F(lRSy1)U.lt ~<f :/' ...' ,~ ~ ~ HOJ.' IT 1ST 0: , : . EXHIBIT F Zoning Map Excerpt - Springfield Memorial Gardens , eT D 'IT "- ill! 0 I ~ I, t j : ~ r II i ~ I 11 .,. i;j71ST.,. ~ < I ,un.. " ,... ;r:-L 5 II ~~ T 1- i ~ i ~ ,~ i SiITKtIt1T ~.......~ I: ,. i I ~ IT ) '- --__ , % 0; -, ,~.r -- i I jll Ii ;1' T T ~~ '.,. JII ~ II ~4" I . ~~"-T-...'~" . ~ 'I i~ ~"6 6 F Sf OST '~' ~~. I r S; ~, F"" ~ ~ _It.. ~ ~l a I , IT L J.J l~ AU , 11 t ~ . lLuletU.l -' CMlnUAST CA.5CA,Dt' OR .hs.u' }.101M:; IFIT Pari< . . ~ . . ~ '" . ~ ."ICADR ~ ~ t . t ~ M"ST Cf'(. ~ '1 ~ J '1 "IT IT ''''0 IT , o IT ]l I~~ AU ~ . . e . 1 1 ,1 MTmIT I '1 ~ "Uf8eu~ . ... !; -.;... . E ou-CE.fl.Dtt , . , . " . ...--"..... ....---........ I , I ............. . 9 e ~, I . " . ! . I A" II l' _...- .....---.... l! " f . 1,1 A IT II E .. 'I .'- ....._-"f' ....."'....... tlCf-Vfl!".. .... .... t . . . . . I . . , , 50'" 1 , . . ~ . . . . ~ . .....,IT t PI. !aT OT fOI'la'I'TWoAST .... .....- , caN:Eft DR ,.. ~ ~' : 9 .. e! !:.' . " Ma.lYST ..:0. ,....-..-..-' .. . ~ .. .. .. .. ,f> ,. .. .. 9m1e Received: OCT 3 0 2009 , , __._ -.t I I I , . , . I Original Submittal Vicinity Map Showing Plan Designation/Zonin~ Subject Parcels Indicated by Stars r.: ~ ~ I I ~'(,. .. ~ ..J /' - B- Low Density 0 Residential/ 0:: '"' Neighborhood r- Commercial I 1 t r- b l I E '- L_ .. - - I- .00 o Z N r- oo ~ l- i! A- ST ~ '/0, -s. ~ I- 00 J: l- ll) r- ,- -~ ~w~~ C" ~~1.\E.r ..-.... ~ ~__. I . . ,): 1/ : i I Low D~nsity Residential I Low D;nsi~' Residential I ~ ; . . DAISY ST /' Parks and Open Space '" I Public Land and Open Space ELDERBERRY ST FORSYTHIAST GLACIER DR ~~ ... I- m o [( C') r- m ...J B- o Z N r- m HOLLY ST ~ t' FORSYTHIAST . I . .. - _.......,. ....1 I .. .... .1- -----. " . . ~~ .- - - .. - . . - , Date Received: OCT 3 0 2009 Original Submittal ZONING MAP AMENDMENT SOUTH SIDE OF MAIN ST. EAST OF 72ND STREET JU L Y 23, 2009 80' R/W ~ct~ ~5\' 305.6' - 2'\5.62 W \l Z I'\f- ~I'~ :J C;~O~S /; ~ . EBlYATE DR IV[ <' . ~ l'i$l'~ \ \ . tx ---J ~\.O~S \ a: 0 I I DDli\Ol< 0 (J) ,S1 ~GflELD g: \ ~~OR\",\ CEIAEit.R I'G. " e\<.. ~6, I LCO?R. ~/ ~OF~ICEL~ 100' ~ N ~ t.? Z F (j) /, JI I SCALE 1"=200' , "- ct- '11-~ :::==---:::= rll1~'~~ ~ ~uc. ~.. (0..1.. ttJ) !:?I<I ~~c5y U0 , ~'v\) G~\ . """D' s<(~~C)~t~-\ <( \>-GS ~'S~S'\ I><()' C;v (I;.. . <cpO 'R~' . cP \ \; \ (0..1.. ~!;5 t;-t} S~c5y U0 ('-f; "" <>- ~~Q~ 01>"\ . -11[,,-1, "'- Q~ '-........ It-. . '1;- " NOTES: THE PROPOSED EXISTING USE PATTERNS ENCOURAGE A CHANGE IN BOTH ZONING AND PROPERTY LINES AS SHOWN. 90' R/W CJJ (J) CJJ o ..I.. -~Q:-' W ;::::./;p !:?I<I ~~c5y U0 r Qiii, : ~ ~. OW wZ (j)- 0-' IlW, OZ___ 0:::0 --- Il N I -214' 100'-~ 314' ~~. ~ 563.42' THE OWNERS WISH TO BOTH RECTIFY EXISTING CONFLICTING USE PATTERNS AND FURTHER DEVELOP THE AVAILABLE RESIDENTIAL PARCEL IN THE FUTURE. THERE ARE TWO LARGE BUILDINGS ON THE SITE AS SHOWN. THE MAUSOLEUM IS ACROSS THE CURRENT SUBDIVISION/ ZONING LINE. THE NEWLY CONFIGURED WESTERLY AREA OF FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY TO BE PLATTED FOR CEMETERY IN THE FUTURE, ZONING OF FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY AND SPRINGFIELD MEMORIAL CEMETERY IS PARKS AND OPEN SPACE (p /0) ZONING EAST OF FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY IS CURRENTLY LOW DENSITY RESIDENTIAL (LDR), L-= ~ Qiii, !-.. Ii'W ~ %0 ~:;[ ~ IN ~ ~ N IN 15' N .j:>. ---J (J1 15' 25 I~ (J) :5 ~:;[ -~ ~ 249.4' ~ Date Received: OCT 3 0 2009 '''"''<'''''' "':Hbmitt;>\ _' .~.,. -.:.;I' -'-" .. '- . , ... REGISTERED PROFESSIONAL LAND SURVEYOR , ~~7-I Wlf>v-- OREGON JULY 1985 DAVID H. WELLMAN 2163 ~ , RENEWAL: Y~:J<>, it:P ill I . MAP NO. 17-02-35 TAX LOTS 3702, 3704, 3705, & 3706 ," TillS SP.'CE FOR COUNTY USE ONLY. , Division of Chl.f Deputy Cle,k L~n. Counly Deeds ~nd Records 2~~~.~92iD~ o u UJ ,....0 ..... F c z < ....J Z UJ UJ a: Cl a: ~ C> f- :z cc ::> t;:; CC 111111111111111111111"11111111111111111111111111 $36.00 00757955200500927600030037 11/21/200502:01:22 PM RPR-DEED Cnt=1 Stn=6 CRSHIER 07 $15.00 $11.00 $10.00 C'U;s.....OO 3&1 i::~f -c{qLfCj l After recording, return to: Gerry Gaydos Gaydos. Churnside & Balthrop. P.C. 440 East Broadway. Suite 300 Eugene, OR 97401 Until a change Is requested. send all tax statements to: Springfield Cemetery Acquisition, LLC 1152 Olive Street Eugene, Oregon 97401 STATUTORY WARRANTY DEED ARIE MACK MOORE and SHARON G. MOORE, Grantors, convey and warrant to SPRINGFIELD CEMETERY ACQUISITION, LLC, Grantee, the following described real property, commonly known as 2.6 acres adjoining Springfield Memorial Gardens and Funeral Home, and more particularly described in Exhibit 1, free of encumbrances. The liability and obligations of the Grantor to Grantee and Grantee's heirs and assigns under the warranties and covenants contained herein or provided by law shall be limited to the amount, nature, and terms of any right or indemnification available to Grantor under any title insurance policy, and Grantor shall have no liability or obligation except to the extent that reimbursement for such liability or obligation is available to Grantor under any such title insurance policy. Subject to easements, reservations, restrictions and coyenants of record. The true consideration for this conveyance is: $87,367. 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 DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED this 18th day of November, 2005. ~~~ ARIE MACK MOORE, G@a(:e Received: STATE OF OREGON ) ) ss County of Lane ) Before me on this 18th day of November, 2005, personally appearedJhe ,:bove ~elY~~~Of\E eRe! acknowledged the foregoing instrument to be his voluntary act ancj..d8ed. ,Y /'? c.. ..~ -',.?....~<:J Notary Public Cr..- - -- ---~:~~~~E~~O 1 of3 STATUTORY WARRANTY DEED \::!iI1./ NOTARVPU8LIC.OREGON C:\Documents and Settings\Melissa\Local Settings\Temporary Internet Files\OLK26\00002061.0C')1."' ,,' COMMISSION NO. 355B44 MY COMMISSION EXPIRES MARCH 19, 2006 OCT 3 0 2009 TL 370~ STATE OF OREGON ) ) ss County of Lane ) Before me on this 1Sth dayof.November, 2005, personally appeared the above named SHARON G. MOORE and acknowledged the foregoing instrument to be her :oluntary' act an<;..sJeed~IlrV":< A'I'.,.,d6 /Ia-< "'~,~ i:;.<fcr OFFIC\ALSEAL (' .~ ,_ )- ~ --~ . TONY CURCIO Notary Public I'Orirore ; - ! NOTAR'i PLJE.Jl.lC. OREGON ......... ,...... COMM\SS\Qi~NO. 355844 MY COMMISSIOI~ ~PIRES MARCH 19, 2006 ~ R; ~ -4 Uv'~fvwb\ SHARON G. MOORE, Grantor ~ A,eiG ""AcJL /l(O<IfiE /Itc,e A7IM,(,/~ /,v F7f<:: { I Date Received: OCT 3 0 2009 Original Submittal 26f3 STATUTORY WARRANTY DEED C\Documcnts and Settings\Melissa\Local Settings\Temporary Internet Files\OLK26\0000206] .aOOI.DOC J I' " EL T - 49482 Page I of I Legal Description Exhibit A A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West of lhe Willamelte Meridian, Lane County, Oregon, being more particularly described as follows: Begiruling at the iron pin marking the Southeast corner of FIRST ADDITION TO SPRINGFIELD MEMORlAL CEMETERY, as recorded in Book 45, Page I ,Lane County Oregon Plat Records; thence North 00 09' 25" West 323.51 feet along the Easlline of FIRST ADDITION to a point marked by an iron pin; the!1ce North 890 50' 35" East 349.44 feel to a point marked by an iron pin; thence South 0009' 25" EastJ23.51 feet; thence,South 89050' 35" West 349.44 feel to the Point of Begirming, in Lane County, Oregon. Date Received: OCT 3 0 2009 Original Submittal " < ! ,. Aftcr Recordin~, Rerum To: Until Funher NOlice, Send all Tax Statements To: Musgrove Family Manuary, Inc. 1152 Olive Srrccl Eugene. Oregon 97401 Musgrove Family Manuary. Inc. 1152 Olive Street Eugene. Oregon 9740 I Ci- C;.;. ~, r~ >-= 8 <. :"i I=7.-T - (/ f!,,?ICj STATUORY WARRANTY DEED - i_j L.I "': c...:; c. ~ !...J c~ CI >- SCI Oregon Funeral Services, Inc., an Oregon corporation, grantor, conveys and warTants to Springfield Cemetery Acquisition, LLC, an Oregon limited Iiabiliry company, grantee, rhe following described read property fTee of encumbrances, except as specifically ser forth herein: See Exbibit A attached hereto and incorporated herein as if set forth in full. ~: E- o, Such property and this conveyance are subject to all liens, claims and encumbrances of record. The true consideration for this conveyance is Two Hundred Thousand Noll 00 U.S. Dollars (5200,000.00) plus other property which is part of the consideration. 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 DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LA WSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED this IS" day of November, 200S. Olvlslon of Chief Oepuly Clerk Lane CQunly Deeds and Records 1~~~.~mo~ ::' ore~,"w '"'. > Ra . A. . on (J 1111111111111111111111111111111111111111111111 $31.00 00,566382 ,05009,5640020024 11/16/2005 02:43:41 PM RPR-OEEO Cnl:l Sln:6 CRSHIER 07 $10.00 $11.00 $10,00 Its: Vice President / ST ATE OF TEXAS ) )ss. COUNTY OF HARRIS ) On this IS~ day of November, 200S, personally appeared the above named Ray A. Gipson and acknowledged the foregoing instrument to be his voluntary act and deed on behalf of SCI Oregon Funeral Services. mc. and done with approval of the Board of Directors. ~H.~~;,,?~ ~~i~;~;LlC FOR TEXAS My Commission Expires: o? 7{1- ~OI3 Date Received: R:\SHARBLEGAL\GIPSONRA\SpeClal Projcct\Mu~grovc.Oregon\WarTanty D<C'd (Springfidd).doc OCT 3 0 2009 IL 370t -rL 370Z-. 2005'- ocr! S-b4- Original Submittal /' -Ii... ~ IDS I ... "- ~f EXHIBIT "A" SPRINGFIELD MEMORIAL GARDENS ANI;> FUNERAL HOME 7305 Main Street. Sorinl!field. OR ELT - 48919 Page I of 1 Legal Description Beginning at the Southeast comer of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platled and recorded in Book 45, Page I, Lane, County Oregon Plat Records, in Lane County, Oregon; thence North 00 09' 25" West 323.51 feel along the East line of said plat to a point; thence North 890 50' 35" East 349.44 feet to a point on the East line 'ofthat survey filed at the office of the Lane County Surveyor under No. 30659; lhence North 00 09' 25" West 987.72 feet along the East line of said Survey No. 3065910 an iron pin set on the Southerly right-of-way line of the McKenzie Highway; thence South 780 19' 44" West 356.62 feet along said right-of-way line to a point on the Northerly extension of the Easterly line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY; thence South 00 09' 25"East 10.20 feet continuing along said right-of-way line to an angle point therein; thence South 78019' 44" West 730.21 feet continuing along said right-of-way line as established in that'sUrvey filed at the office of the Lane County Surveyor under No. 27178 to a floinl opflnsite Engineer's centerline station 358+92.8 B.C.; thence along said right-of-way line and the arc of a curve to the right having a radius of 5780.00 feet to a point on the East line of MCKENZIE HILLS, as platted and recorded in File 72, Slides 19,20 and 21, Lane Colmty Oregon Plat Records, bearing South 780 36' 1 A" West 51.92 feet from the last described point; thence South 00 18' 30" West 987.28 feet along the East line of MCKENZIE HILLS to an iron pin marking an angle point therein; thence North 890 41 ' OS" East 120.09 feet continuing along said East line to an iron pin marking an angle point therein; thence South 280.46' 40" East 222.49 feet continuing aiong said East line to an iron pin marking angle point therein; thence North 890 50' 35" East 333.81 feet continuing along said line to a poinl on the East line of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETER Y, as platted and recorded in Book 44, Page 30, Lane County Oregon Plat Records; thence North 00 09' 25" West 108.26 feet along the Easlline of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY to an iron pin set on the Westerly projection of the South line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETER Y; thence North 890 50' 35" Eas1214.00 feet to the Point of Beginning; in Springfield, Lane County, Oregon. Date Received: OCT 3 0 2009 Original Submittal