HomeMy WebLinkAboutCorrespondence PLANNER 3/8/2010
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MEMORANDUM
CITY OF SPRINGFIELD
DATE:
March 8, 2010
TO:
Mary Smith, Accounting Technician/Assessments
FROM:
8renda Jones, Administrative Specialist
SUBJECT: Reconciliation of Miscellaneous Deposits
Purcell Living Trust- BM 37 Deposit, receipt # 320080000000000600
The following deposit fees totaling $ 500.00 were deposited in Miscellaneous Deposits
account 821-215525 to off-set City cost regarding 8M 37 Claim.
City cost for processing 8M37 Application $680.83. No refund due to applicant
Deposit
Date
12/1/2006 LRP2006-00032 Purcell Living Trust
600
Amount of
Deposit
$500.00
Journal Number Name of Applicant Receipt #
Please make the following Journal entries to re-class the applicant's deposit in
Miscellaneous Deposit, for reimbursement of City cost incurred on the project:
$500.00
to
481001-100-00000
"yo" h~ '"y '""""0"', pl~~ romact Offi""] a'"'jJ;z 3610
Approved: Ad inistrative Specialist Approved: City Manager
Date Signed: 1J1tJA'th t, ;#/tJ Date Signed: ~~, ;10
Date Received
. MAR 8 2010
Planner: BJ
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City of Springfield
Development Services Department
22S Fifth Street
Springfield, OR 97477
541.726.3753
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DEMAND FOR COMPENSATION
UNDER BALLOT MEASURE 37
PROPERTY OWNER INFORMATION (Please type or print)
PI/RC€LL WVINC, 71e.UST
Name of Property Owner
IJ1ICt-lAEL E. At1~7HINq
Name of Representative (If Any)
Name of Firm
I'r7/t:JRNe( AT LAW
Name of Firm
1S"37 ~Yt>E:N e~~ ~.
Street Address
767 WILLAw...G TTE IT.) SorE 263
Street Address
~p~(Ner~(aD, DR.. t;;>7477
City, State, Zip ,
(SZlt) 74(,. -0040
Phone Fax
EU~rve-. OR... 974a I
City,Sta e,lip ,
(541) 4-5~-1l4(
Phone Fax
PUBLIC MEETING
Does Owner request a public meeting? Yes
No
PRIVATE REAL PROPERTY DSCRIPTION
A Demand shall be for a for a single property or separate contiguous properties under the same ownership
Map and Tax Lot #
17-03- ~$-.::d.
IS~7
I n 2.ol>
/"f1::JY () ~ N B ILl t::qE R..O
~E:E Tln...e- ow N82&
Site Address.
Owner's Interest in the Real Property
REQUIRED ATTACHMENTS (SEE.REVERSE OF THIS FORM) AND COMPLETENESS
This Demand and all attachments required on the reverse side of this form must be provided before acceptance by the
City Manager. Only after acceptance will the 180 day processing period commence as specified under Ballot Measure 37.
(Springfield Municipal Code Sec..2.900 et sec.)
NOTARIZED SIGNATURES
I/We WILLIAM r:. & WILMA M. 1>tI1<CE1...L
depose and say that I/we am/are the owner(s) of the private
is .~~ Sj~ject of this ~nd:e same is e as.l/
x"f/'?h1'zr'-4 .$ X
owner!~tuna ~L~ Representative Si
ad. IN/J4 ' .
Owner Signature
Subscribed to me this :;;-1 day of
Notary Stamp
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. OFACIALSEAL
. . KIMBERLY TAYLOR
\.: . './ NOTARY PUBUC-OREGON
..... COMMISSION NO. 397500
MY COMMISSION EXPIRES SEPTEMBER 21, 2009
Mvi'/vvbf,1.
2012fa.. Notary Signatuna
DISCLAIMER NOnCE:
Approval of compensation or modification, ~moval ornon-application of land use regulation does not warrant or otherwise guarantee that the p~ent property owner
or any successors interest can legally use the subject property for the purpose, or in the manner, approved by the City as such use or purpose may impact third parties,
including rights established by Covenants, Conditions and Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions or contracts.
STAFF COMPLETES T IS SECTION
File#W1.OO~-ax2ilaateDemand.submitted R..eived~: ~. -tN1/~
Fee Paid n'~U.
82019
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Planner: BJ
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CHECKUST & REQUIRED ATTACHMENTS TO BE SUBMITTED BY PROPERTY OWNER
.DEMAND FOR COMPENSATION - BALLOT MEASURE 37
Reference Springfield Municipal Code Sections 2.920(4), 2.930 and 2.940
1. Application Form. A completed application form (the front page of this packet must be filled out) to indude: a) The name,
mailing address, telephone number and authorizatiolT signatures for all the property Owners or contract Owners; b)The
designated Owner or agent who Is the Owner's designated representative regarding the processing of the application; and c)
Every Lessee and Les~or of the pro perty and their mailing address and telephone number. Please use additional sheets if all
the' inform~tion cannot fit on the front page. .
2. Property Description. A legal description and tax lot number of the property as well ~s a street address for the property
(if any). .
3. Title Report A title report issued within 30 calendar days of the application's submittal, Induding: a} Tide history; b} A
statement of the date the Owner acquired Ownership of the property; c} The ownership interests of all Owners of the
property; d} Every person or entity holding a lien against or security interest in the property, and (e) Every person or entity
holding a future, contingent, or other interest of any kind in the property. '
4. Copy of Regulation~ Applicable to the Demand A statement specifically identifying all the sections of the Springfield
Municipal Code, Springfield Development Code, or other current land use regulatIon that allegedly restrict(s) the use of the
real property and allegedly causes a reduction in the fair market value of the property.
5. Demand Statement. A statement specifying: a) The proposed use of the property; b) The amount of the Demand and the
fair market value of the property before and after application of the identified land use regulation; c) To whom any
compensation determined must: be paid and why the Owner is entitled to compensation under the requirements of the
provisions added to ORS Chapter 197 by Ballot Measure 37 (see also Item 6 beiow).
6. Demand Criteria. A"statement addressing all of the following criteria: a} The City has either enacted or enforced a land use
regulation that restricts the use of private real property or any interest therein; b) The restriction on use has the effect of
redudng the fair market value of the subject property or any interest therein; c) The identified land use regulation was
enacted, enfonced or applied after the current Owner of the property (the Owner) became the Owner; and d} The identified
regulation is not an exempt regulation as defined in SMC.Sectlon 2.920(4}.
_ 7. Appraisal. An appraisal by an appraiser licensed by the Appraiser Certification and Ucensure Board of the State of Oregon
... .__ _ sUQP..9ntI19~tHLi!mOlJ.nLQLtt:leJ:>..emand..tbat_addresses....the_Jollo.wiDgJssues.:..a+.-The~appraisaLmust .exp~essLy: .note.all-existing.--- __._-:-_ ___
infrastnrcture limitations and value the property without an assumption that the infrastructure will be improved at
govemmental expense or through discretionary governmental action; b) The appraisal r:nust expressly address and indicate
the amount of the alleged reduction in the fair market value of the property at the time a complete Demand is submitted to
the City by showing the difference in the fair market value of the property resulting from enactment or enforcement of each
of the identified regulations individually identified in the Demand and after the application of all of the identified regulations
cumulatively; and c) The appraisal must expressly consider the.effect of the aforesaid Ballot Measure 37 on the availability
of other real property including the extent to whIch the supply of such other real property Is or will be increased due to the
non-enforcement, discontinuance, repeal or waiver of regulations follOWing the passage of Ballot Measure 37 (see also Item
11 below).
8. Additional Documentation. Copies of any leases or Covenants, Conditions and Restrictions ('leeR's) applicable to the real
property, if any, that impose restrictions on the use of the property.
9. Access to Property. Written permission for access to the property by the City Manager or his/her designee including but
not limited to agents or appraisers necessary to evaluate and appraise the property and the Demand for purposes of
determining whether or not regulation(s) have had the effect of reducing the fair market value of the property:
_ 10. Fee. A Demand shall include a fee established by Council resolution to at least partially cover the City's cost of processing
the Demand. If a Demand is determined to be a.Valid Demand the City shall reimburse the Owner for any fee paid.
_ 11. Statement Regarding Exempt Land Use Regulations. A statement by the Owner making the Demand of why the
following exemptions to the requirement for compensation do not apply: a) Restricts and prohibits commonly and
historically recognized publiC nuisances under common law, Including but not limited to SMC Chapter 5 as amended from
time to time and the criminal laws of the State of Oregon and the City of Springfield;. b) Restricts or prohibits activities for
the protection of public health and safety, such as fire and building codes, health and sanitation regulations, and pollution
controi regulations; c} Is required to comply with federal law; d} Restricts or prohibits the use of property for the purpose of
selling pornography or performing nude dancing; ore) Was enacted prior to the date of the acquisition of the property by
the Owner, or prior to acquisition by a family member of the Owner who owned the subject property prior to the acquisitbn
or inheritance by the Owner, whichever came first [if "family member" status is daimed, it must also be addressed in' the
title report required by Item 3. above].
Date Received
MAR 8 2010
PI~u'~er~ B~J
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WRITTEN STATEMENT ADDRESSING
SPRINGFIELD CODE 2.940(1)(a-d)
(a) The City has either enacted or enfarced a land use regulation that restricts the
use of private real property ar any interest therein;
The Claimants seek to divide their property into at least three additional lots (totaling four
lots). There are presently City land use regulations in place which might prevent them from
dividing their property in a manner that would have been allowed when they first acquired their
property in 1965. Specifically, there would be regulations, policies or standards that would .
requires dedication of public road or right-of-ways that would prevent Claimants from fulling
using their property.
(b) The restriction on use has the effect of reducing the fair market value of the
subject property ar any interest therein;
City regulations and zoning restrictions could hinder or restrict Claimants' ability to
create at least four buildable lots within .their property and therefore reduce the fair market value
of their property. Certified Real Estate Broker, Michael Miller determines that the Subject
Property with current zoning regualtions is valued at $300,000. The property without zoning
enforcement would allow Claimants to development their property as they could have in 1965.
Mr. Miller values the property without restrictions at $535,000. Therefore, the reduction in fair
market value is $235,000.
(c) The identified land use regulation was enacted, enforced ar applied after the
current Owner of the praperty (the Owner) became the Owner; and
The Subject Property was not within the land use authority of the City of Springfield
when the Claimants acquired the property. Claimants acquired the Subject Property by Warranty
Deed dated May II, 1965. See Exhibit "D-l ". At that time, there were no zoning restrictions
placed on the Subject Property. The Subject Property was subject to Lane County zoning
enforcement until 1986 when the City of Springfield adopted the Urban Transition Agreement
. which applied the current zoning. Claimant filed a Research Request with Lane County to
determine the zoning regulations until 1986. Copy' of that response upon receipt will be filed as a
supplement to this claim. See Exhibit "E".
(d) The identified regulation is not an exempt regulation as defined in SMC
Section 2.920(4).
Road dedication and subdivision restrictions are not exempt land use re~re Received
MAR 8 2010
Planner: BJ
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D-I
EXHIBIT D-2
EXHIBIT D-3
EXHIBIT E
EXHIBIT F
EXHIBIT G
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PURCELL LIVIf'lG TRUST
MEASURE 37 CITY CLAIM
EXHIBIT LIST
Assessor's Map No. 17-03-25-22
Listing Kit for Tax Lot 200
Description card for Tax Lot 200 ~
Warranty Deed to Purcells dated May 12, 1965 and recorded at
Reception No. 8710263, Reel 1449, Lane County Deeds and
Records
~Warranty Deed to Purcell Living Trust dated May II, 1998 and
recorded at Reception No.983477, Reel 2420, Lime County Deeds
and Records
Portions of the Purcell Living Trust dated May 11, 1998
Research Request submitted to Lane County (P A 06-6939)
City of Springfield Zone Map
Opinion of Value prepared by Certified Real Estate Broker, Michael
Miller dated November 16, 2006
Date Received
PURCELL MEAsURE 37 Cl.AJM
EXHmIT LIST - PAGE 1 OF 1
,
MAR 8.2010
Planner: BJ
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,." ...X,,"> ir",,' ;PURCELl;/t:IVINGvTRUST ,'" . . . "." 19-7U7613250 1019
:'.:,j'r;'~:ii'WILLI~M FRANKLlN'PURCELL, JR. 4903271388
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" \.....' .:-.. 650 "Q"~tnltI1:- 1-800-188-1000
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DOLLARS
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Date Received
MAR 82010
Planner: BJ
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Date Received
MAR' 82010
Planner: BJ
Ballot Measure 3. LRP2006-00032 pur_" 17 -03-25-22 TL 200
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SCALE 1 : 7,255 A
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soo 0 500 1,000 1,500
FEET
Date Received
MAR 8.2010
Planner: BJ
http://spintranellmg_mwf/spr_main_tide.mwf
Friday, December 01, 2006 1 :39 PM
RECEd
1:28:24PM'
. Date: 12/0112006
3200600000000000600
Job/Journal Number
LRP2006-00032
Pi.. "ou:
Type of Payment
Check
cReceinll
, ,
.Description
· Ballot,Measure 37
Paid By
PURCELL LIVING TRUST
Received By
emm
Page 1 of!
Item Total:
Cbeck Number Autbonzation
Batcb Nnmber Number How Received
10 19 In Persoo
Payment Total:
Amo~nt Due
500.00
5500.00
Amount Paid
5500.00
5500.00
Date Received
MAR 8.2010
Planner: BJ
121112006
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DEPOSITS-MEASURE 37 821.215525
ACCOUNT RECONCIUATION: 1/31/10
DATE IRANS TYPE I liTEM DESCRIPTION
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BLDGlPROJ I DSD RECEIPT #
30-Nov-06
1-Dec-06
1-Dec-06
1-Dec-06
1-Dec-06
17 -Jul-07
1275 .
1275
1275
1275
1275
1275
SHILO INN L-I<.P~ 00," -00 0 ~ I
PURCELL LIVING TRUST ....,e..p ~oo Ct- 00 " :l;l..
OAK LEAF PROPERTY MGMT L./<.JlB. 00 (re ou ".>3
FIRST BAPTIST CHURCH EUGENE Uf ~O 0 f,- 00 0 a+
BARBARA PARMENTER l-/tp.:/ Ctlc. - 0 o-o~'"
PHILIP MARVIN ~p ;}.o-J1'OO-O?--?
v:\commonlmary\215525 Measure 37 Deposits
08-Mar-10
AMOUNTI ACCT. TOTAL I
0.00
598 t!-o.Y-f . 500.00
600~ 500.00
602'ltU:trf 500.00
17131\'1L.t 500.00
1714 lUu< 500.00
1146 (Hl.Kp 500.00
3,000.00
3,000.00
OK TO FLG
Date Received,
MAR' 8.2010
Planner: BJ
L24g
8M 37 APPLICATION PROCESSING FEES
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Oak Leaf Property First Baptist Chl!rch :'.:J ; ~Phllip Marvin (TOO
Shilo inn Purcell Living Trust Management (Eugene) Barbara'Pa~enter , , Blue, LLC)
Joumal Number LRP2006-00031 LRP2006-00032 LRP2006-00033 LRP2006-00034 LRP2006-00035 LRP2006-00023
Date Submitted . November 30, 2006 December 1, 2006 December 1, 2006 December 1, 2006 December 1, 2006 . Julv 17, 2007
City Attorney Cost:
Time Spent on Aoolication 3.80 Hours 3.70 Hours 24.40 Hours No Time Exoended 26.60 Hours 3.90 Hours
Cost $342.00 $407.50 $1,539.50 $0.00 $2,695.00 $435.00
Planner Assigned to Application Gary Karp Mark Metzger Mark Metzger Mark Metzger Gary Karp Gary Karp
Time spent on:
Application Intake 0.30 0.30 0.30 0.30 0.30 0.30
Application Review for Completeness 2.00 2.00 2.00 2.00 2.00 2.00
Prepare Incomolete Letter 2.00 2.00 2.00 2.00 2.00 2.00
Mail Incomolete Leter .0.30 0.30 0.30 0.30 0.30 0.30
Review revised materials 1.00 1.00
Prepare Staff reoort 20.00 20.00
Prepare Notice 1.00 1.00
Mail Notice 0.30 0.30
Resoond to notified Residnels 0.50 0.50
Present Reoort to City Council 1.00
Prepare Notice of Decision 0.50
Total Hours Spent 4.60 4.60 28.90 4.60 27.40 4.60
Planner Hourlv Charlle-Out Rate $59.35 $59.42 $59.42 $59.42 $59.35 $59.35
Total Cost for Application Process $273.01 $273.33 $1,717.24 $273.33 $1,626.19 $273.01
City Total Cost $615.01 $680.83 $3,256.74 $273.33 $4,321.19 $708.01
Amount of Deposit Submitted $500.00 $500.00 $500.00 $500.00 $500.00 $500.00
Balance Due to City $115.01 $180.83 $2,756.74 -$226.67 $3,821.19 . $208.01
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