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Home My WebLink AboutCorrespondence PLANNER 3/8/2010 . ~. MEMORANDUM CITY OF SPRINGFIELD DATE: March 8, 2010 TO: Mary Smith, Accounting Technician/Assessments FROM: Brenda Jones, Administrative Specialist SUBJECT: Reconciliation of Miscellaneous Deposits First Baptist Church- BM 37 Deposit, receipt # 320080000000001713 The following deposit fees totaling $ 500.00 were deposited in Miscellaneous Deposits account 821-215525 to off-set City cost regarding BM 37 Claim. City cost for processing BM37 Application $273.33. Refund also due to applicant in the amount of $226.67 . Deposit Date 12/1/2006 lRP2006-00034 First Baptist Church 1713 Amount of Deposit $500.00 Journal Number Name of Applicant Receipt # I am formally requesting a refund in the amount of $ 226.67 be sent to the listed applicant. I have prepared and processed Voucher # 160653 in the amount of $226.67 to Vendor # 15222. First Baptist Church 3550 Fox Meadow Road Eugene, Oregon 97408 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: $273.33 to 481001-100-00000 Date Received MAR 8 2010 Approved: A If you have any questions, please contact Brenda Jones at ext sion ~61 O. ~ ~ Planner: BJ Approved: City Manager Date Signed: S j" It 1) I I strative Specialist Date Signed: '1hJu,lh !,:M/O . . City of Springfield Voucher Report ID; SPRA103 DescriDtion Account Fund Ora ProllGrant Accounting Date : . March/081201 0 Vendor Number: 0000015222 Invoice Date : December/0112006 Invoice # : LRP2006-00034 Approver : GRIM3180 Operator: JONE5996 Gross Amount: 226.67 BY Tenns AMOUNT 2010 00 226.67 . Voucher ID : Handling Code: 00160653 RE First Baptist Church 3550 Fox Meadow Road Eugene, OR 97408 Refund BM 37 Depostt 215525 100 Payment Message: Date Received MAR 8 2010 Planner: BJ Comments: $500.00 Deposit collected when applicant submitted BM37 claim. Minimal amount of time spent on application. City to retain cost for application process in the amount of $273.33. Per City Attorney and Planner Marl< Metzger. . .. SPRINGFIELD City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 541.726.3753 PROPERTY OWNER INFORMATION (Please type or print) F\ r>i fS"p t; 5+ d\l!./J.- of- Eu;t ..e Name of Property Owner DEMAND FOR COMPENSATION UNDER BALLOT MEASURE 37 ~)\\ !Lloos Name of Representative (If Any) u.c00(f;'ce "'t 6;\\ \L\oos PC- Name of Firm 3130. Lj-\l,:} 0tva\- Sv;~Zil<-{ Street Address Eu~e/1f, oR.. '11 YD I City I 5 te, Zip ~L1\ - 3'13~.nO"L Phone Fax Name of Firm ~SS() Fo'( t"IIeb'dOW FZQo<J. Street Address 6u~eI1P, Ofl-.. 17'-106' City I tate, Zip S'-l\-~Y)-031.../1 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 pro~rty or seoarate contiguous orooerties under the same ownership . i/-03-0'i,L.I,cro Map and Tax Lot # '1- 0 3 -0"1 tL (,,00, (PO~, bO'f ?,,/?4.? CouI1t.r F4/'" ~ 8'5'AP Ol!. "n'101 Site Address 3,sSO FO~ (IIeAt?ov,J Jl), FUj.~e ()Jt.. 91'-{0(? Owner's Interest In the Real Property OWf\er 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 spedfied under Ballot Measure 37. (Springfield Municipal Code Sec. 2.900 et sec.) NOTARIZED SIGNATURES I/We mtfr Ji" SdlJ /.j,- & depose and say thatI/we am/are the owner(s) of the private"real property that is the subject of this Demand and the same is e as I/we verily believe. x1'J1d, ~ Owner Signature Notary Stamp . c:lFFIcw.lIEAL DANIEL A. TERREll NOTAR'I' PUBlJC.OREGON . COMMISSION NO. 393813 MY COMMISSION EXPtRES JUNE 13. 2009 X Owner Signature Subscribed to me this be) day of 'fJtJWfoA ~el 2001.0. Notary Signature ~ .?1 J~ DISCLAIMER NOnCE: Approval of compensation or modification, removal or non-application of land use regulation does not warrant or otherwise guarantee that the present 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 pwpose inay impact third parties, including rights established by Covenants, Conditions and Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions or contracts. HIS SECTION & Received by: ~ - '~-Vt Date Demand Submitted Rle# Llhr1J~ - rmw Fee Paid SSlo.O 0 Date Demand Accepted for Processi g , EXHIBIT A MAR 8 2010 Pla.nner: BJ . . CHECKLIST &. REQUIRED ATTACHMENTS TO BE SUBMITTED BY PROPERTY OWNER DEMAND FOR COMPENSATION - BALLOT MEASURE 37 Reference Springfield Municipal Code~ections 2,920(4),2.930 and 2.940 ./ 1, Application Form. A completed application form (the front page of this packet must be filied out) to include: a) The name, mailing address, telephone number and authorization signatures for ali 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 Lessor of the property and their mailing address and telephone number. Please use additional sheets if ali the Information cannot fit on the front page. ./ 2. Property Description. A legal description and tax lot number of the property as weli as a street address for the property (if any). . ~ 3. Title Report A titie report issued within 30 calendar days of the application's submittai, including: a) Title history; b) A statement of the date the Owner acquired Ownership of the property; c) The ownership interests of ali Owners of the property; d) Every person or entity hoiding a lien against or security interest in the property, and (e) Every person or entity holding a future, contingent, or oth~r interest of any kind in the property. ./ 4. Copy of Regulations Applicable to the Demand. A statement spedficaliy identifying ali 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 ailegedly 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 af 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 m1 of the following criteria: a) The aty has either enacted or enforced a land use regulation that restricts the use of private real property or any interE!st therein; b) The restriction on use has the effect of reducing the fair market value of the subject property or any interest th~rein; c) The identified land use regulation was enacted, enforced 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 Section 2.920(4). ~ 7. Appraisal. An appraisal by an appraiser licensed by the Appraiser Certification and Ucensure Board of the State of Oregon supporting the amount of the Demand that addresses. the foHowing issues: a) The appraisal must expressly note all existing infrastructure limitations and value the property without an assumption that the infrastructure will be improved at governmental expense or through discretionary governmental action; b) The appraisal must 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 induding the extent to which the suppiy of such other real property is or wiil 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 ("CCR'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 Induding 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 aty shall reimburse the Owner for any fee paid. Vli. 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 iaws of the State of Oregon and the City of Springfield; b) Restricts or prohibits activities for the protection of publiC health and safety I such as fire and building codes, health and sanitation regulations, and pollution control 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; or e) 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 titie report required by Item 3. above]. Date Received MAR 8 2010 plan~~r. 8.1 . . LAW OFFICE OF BILL KLOOS. PC \ 375 W. 4" STREET, SUITE 204 EUGENE. OR 97401 PHONE (541) 343-8596 FAA (541) 343-8702 E-MAIL BILLKLOOS@LANDUSEOREGON.COM OREGON LAND USE LAW APPLICATION NARRATIVE FOR MEASURE 37 CLAIM FIRST BAPTIST CHURCH OF EUGENE November 30, 2006 State of Oregon Department of Administrative Services 1225 Ferry Street NE, U160 Salem, OR 97310-4292 Planning and Development City of Eugene 99 West 10th Avenue Eugene,OR 97401 County Administrator Lane County Courthouse 125 E 8th Ave Eugene, OR 97401 City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Re: First Baptist Church of Eugene, Measure 37 Claim Dear Official: Please accept this letter as evidence in support of the attached Measure 37 Claim application to allow relief from City, County and State regulations on the subject property. See Exhibit A, Application Forms. Enclosed is a check for $ ~ 6 o!:.7 I. PROPOSAL DESCRIPTION A. Owner/Applicant Agent First Baptist Church of Eugene 3550 Fox Meadow Road Eugene, OR 97408 Bill Kloos Law Office of Bill Kloos, PC 375 West 4th St., Ste. 204 Eugene, OR 97401 (541) 954-1260 Date Re ceived MAR 8 2010 Marlin Schulti Phone: 541-345-0341 Planner: BJ . . First Baptist Church of Eugene November 3D, 2006 Page 2 of 24 B. Proposal This proposal is a Measure 37 ("M37") request for remuneration for the loss in fair market value for the subject property as a result of the relevant land use regulations or for M37 relief from City, County and State land use regulations that lower the fair market value of the subject property and that do not meet the M37 . definition of an exempt land use regulation. The subj ect property straddles the northern edge of the City of Eugene. Portions of the subject property lie within the Eugene city limits, portions are within Eugene's Urban Growth Boundary ("UGB"), and portions are in Lane County. The City of Eugene has land use authority over those portions of the subject property that lie within the city limits and inside the UGB. Lane County has land use authority, through its own code for areas outside the UGB and through the Eugene-Springfield Metropolitan Area General Plan ("Metro Plan") and its related refinement plans, over those portions of the subject property that may be annexed into the City or otherwise brought into the UGB. The City of Springfield has land use authority, through the Metro Plan and related refinement plans, over property that may be annexed into the City or brought into the UGB. The state has land use authority over the subj ect property through state statues, the statewide planning goals and their implementing regulations. The subject property consists of four tax lots under the same ownership. Those parcels are identified as Map 17-03-04, Tax Lot 1500 ("Tax Lot 1500"); Map 17- 03-09, Tax Lot 600 ("Tax Lot 600"); Map 17-03-09, TaX Lot 603 ("Tax Lot 603"); and Map 17-03-09, Tax Lot 604 ("Tax Lot 604"). In lieu ofremuneration Claimant seeks to develop Tax Lot 600 with single family/multi-family/ or assisted living residential uses at an average density of up to twenty (20) units per acre, and with supporting commercial uses. Claimant seeks to develop Tax Lot 603 with expanded church and support uses and with single family/multi-family/or assisted living residential uses at an average density of up to twenty (20) units per acre or. for commercial uses. Claimant seeks to develop Tax Lot 604 with multi-family residential uses at an average density of up to twenty (20) units per acre. Claimant seeks to develop Tax Lot 1500 with single family residential uses at five (5) units per acre and with recreational uses and facilities. Each of these developments will include related roads, facilities, and infrastructure to include open space and recreation areas and facilities, and care facilities to serVe the residents. . The claimant does not seek waiver of any land use regulation that restricts or prohibits activities commonly and historically recognized as public nuisances, restricts or prohibits activities for the protection of public health and safety, is required to comply with Federal Law, restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing, or was enacted -0 Q) :> .- m (.) Q) a:: Q) h1 o . First Baptist Church of Eugene November 30, 2006 , Page 3 of24 . . prior to the date of acquisition of the property by claimant. \ Because the subject property touches on multiple jurisdictions, the claimant has prepared a single application narrative that addresses all of the standards for a M37 claim for all of the governing bodies and agencies that have land use jurisdiction over the property. Through this combined application, the various decision makers will be made aware of the requests made to the other decision makers. This narrative continues with a discussion of the site and planning profile in Section IT below. Then the various M37 application and review standards are addressed in the following sections: Section ill State Claim; Section IV Lane _ County Claim; Section V City of Eugene; and Section VI City of Springfield. C. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Application Forms Submission Requirements Check List County Assessment and Taxation Maps Zoning Maps Title Report Vicinity Map Legal Descriptions Warranty Deed, Probate Document, and Partition Plat Assessment & Taxation Property Profiles Property Description Cards Competetive Market Analysis Aerial Photograph Date Received Code Sections . MAR 8 2010 II. SITE AND PLANNING PROFILE Planner: BJ A. Location and Zoning Map 17-03-04, tax lot 1500,24.35 acres zoned E30. See Exhibit D. Map 17-03-09, tax lot 600; 141.70 acres zoned AG/UL and R-l/UL. See Exhibit D. Map 17-03-09, tax lot 603, 48.28 acres zoned R-l. See Exhibit D. Map 17-03-09, tax lot 604,12.78 acres zoned R-l. See Exhibit D. The subject property is located around the intersection of County Farm Road and Fox Meadow Road, near the intersection of Coburg Road and Game Farm Road N., in the City of Eugene and in Lane County. See Exhibit C. . , The street address for Tax Lot 600 is 3848 County Farm Road, Eugene, . . '. .1.' First Baptist Church of Eugene November 30, 2006 Page 4 of24 Oregon 97408. The street address for TaxLot 603 is' 3550 Fox Meadow Road, Eugene, Oregon 97408. The other tax lots do not have street addresses. Tax Lot 1500 and most ofTax Lot 600 are located in Lane County. Part of Tax Lot 600 is located in the UGB. Tax Lots 603 and 604 are located within the City of Eugene city limits. B. Site History/Characteristics All four tax lots that make up the subject property used to be part of a single, large parcel held by the Harlow family and passed from generation to generation. See Exhibit E, Title Report. In 1961, through probate ordernumber 14886, Shirley Jean Harlow was made the Executrix of the estate ofL. Gertrude Harlow and was deeded the subject property. See Exhibits E and H. On March 31, 1965, Shirley Jean Harlow deeded the subject property to the First Baptist Church of Eugene. See Exhibits E and H. During the 1980s, small portions of that original property, not part of this claim, were deeded to Lane County, and to the City of Eugene for EWEB use. See Exhibit E, Title Report. In 2002; the parcels that now make up Tax Lots 603 and 604 were partitioned from the larger parcel. See Exhibits E, H and J. Various uses occur on the four tax lots. Tax Lot 1500 and the northern part of Tax Lot 600 are partially forested and are used for a church-related camp named Camp Harlow. The remainder of Tax Lot 600 is generally used for agricultural purposes. The main building for the First Baptist Church of Eugene is located on the northern portion of Tax Lot 603. The southern portion of that lot is vacant and is used for agricultural purposes. Tax Lot 604 is undeveloped. The northern portion of that property is forested. The southern portion of Tax Lot 604 is used for agricultural purposes. STATE CLAIM III. SUBMISSION REQUIREMENTS AND REVIEW CRITERIA FOR STATE CLAIM A. OAR 125-145-0030 SUBMITTING A CLAIM. Date Rece\ved B 20\0 Mil.R Planner: BJ lI'0020bBII' .: ~ 2 :120 5 ~ :151: 2000'1'1 ~ bll' ':.:. Date Received . MAR 8 2010 Planner: BJ 225 Fifth Street Springfield, OregIJ.D 9:7477 . 541-726-3759 Phone . .~~..-.. ~ -.-~.... ~.~.. ~~~- .-..=. .:......-.. .ity of Springfield Official Receipt Development Services Department Public Works Department RECEIPT #: 1200600000000001713 Date: 12101/2006 2:30:53PM -. Job/Journal Number Description LRP2006-00034 . Ballot Measure 37 Payments: Type of Payment Check Paid By FIRST BAPTIST CHRUCH EUGENE cReccintl Item Total: Check Number. Authorization Received By Batch Number Number How Received emm 2068 In Person Amount Due 500.00 . $500.00 . Amount Paid $500.00 Payment Total: $500.00 Date Received . MAR 82010 Planner: BJ Page I ofl ]2/]/2006 . . DEPOSITS-MEASURE 37 821-215525 ACCOUNT RECONCILIATION: 1/31/10 DATE IRANS TYPE I liTEM DESCRIPTION \ BLDGIPROJI DSD RECEIPT # 30-Nov-C6 l-Dec-C6 l-Dec-C6 l-Dec-C6 l-Dec-C6 17 -Ju1-07 1275 1275 1275 1275 1275 1275 SHILO INN L-/J..P3. (lOll -00 0 ~ I PURCELL LIVING TRUST .....,e.p~OO <t- 00 (J~;I.. OAK LEAF PROPERTY MGMT 4U'B. 00 U ~ OU? 3 FIRST BAPTIST CHURCH EUGENE LA-f 610 0 c,- 000 B+ BARBARA PARMENTER ~~.;/ O"Ot.- 0 tro~'5 PHILIP MARVIN ~JI ;).()11-ocn)"J'"3 v:lcommon'mary\215525 Measure 37 Deposits 0B-Mar-l0 AMOUNTI ACCT. TDTAL I 0.00 598 ~ . 500.00 600~ 500.00 602-'1'YU;t:g: 500.00 1713-md- 500.00 1714 ~ 500.00 1146 ~p 500.00 3,000.00 3,000.00 OK TO FLG Date Received MAR 8 2010 Planner: BJ L24g 8M 37 APPLICATION PROCESSING FEES . Oak Leaf Property First Baptist Ch4~ch . Philip Marvin (TOO . . Shllo inn Purcell LivIng Trust Management (Eugene) Barbara P~rmenter Blue, LLC) Journal Number LRP2006-00031 LRP2006-00032 LRP2006-00033 LRP2006-OO034 LRP2006:00035 . ; LRP2006-00023 Date Submitted November 30, 2006 December 1, 2006 December 1, 2006 December 1, 2006 December 1, 2006 JUlV17.2007 City Attorney Cost: Time Scent on Apclication 3.80 Hours 3.70 Hours 24.40 Hours No Time Excended 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: Aoolication Intake 0.30 0.30 0.30 0.30 0.30 0.30 IADplication 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 Incomplete Leter .0.30 0.30 0.30 0.30 0.30 0.30 Review revised materials 1.00 1.00 Precare Staff renor! 20.00 20.00 Precare Notice 1.00 1.00 Mail Notice 0.30 0.30 Rescond to notified Residnets 0.50 0.50 Present Report to City Council 1.00 Prepare Notice of Decision 0.50 Total Hours Soent 4.60 4.60 28.90 4.60 27.40 4.60 Planner Hourlv CharQe-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 Totai 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 , I .' . . . 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