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Home My WebLink AboutNotice PLANNER 12/14/2006 . . AFFIDAVIT OF SERVICE STATE OF OREGON } }ss. County of Lane } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Secretary for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as Secretary, I prepared and caused to be mailed copies of LRP2006-00031 Shilo Management Corporation; Notice of 8M 37 Application Completeness Review Letter See attachment "A") on December 13,2006 addressed to (see Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~ Brenda Jones Planning Secretary STATE OF OREGON, County of Lane 0-cernh. .H) J~ ' 2006 Personally appeared the above named Brenda Jones, Secretary, who cknowledged the foregoing Instrument to be their voluntary act. Before me: . OFFICIAL SEAL NANCY MACHADO , , NOTARY PUBLIC - OREGON .-' COMMISSION NO. 380103 MY COMMISSION EXPIRES JUNE 18. 2008 () xPiresd J-A.J / cf: ,;; (J{JP' , -. u.s.. Postal Service'M: CERTIFIED MAILM RECEIPTO (Ddme~tic Mail Only; No Insurance Coverage ..Aiided) -. ,- -, J OFFICIAL USE I Postage $ Certified Fee Postmarl< Return Reciept Fee He.. (Endorsement Required) RestrlctodDeliveryFee (Endorsement Required) Total Postage & Fees $ <0 '" ru .-'I '" D D D D D U1 D rn D~ ~ ~~1J~_,__.!!~m.?_~!.~_"_~lm~h!lQmtIlIlL_~P.n_(l._._1=_ ",POBoxNo.11600 SW Shilo Lane Ci~~;~1~-~:---~-~~_~-~-~m9-;-~-~_j--h___h__h--h___--------------- Certified .prOVides: . AmaiUng t . A unique Identifier for your mallplace . A record of delivery kept by the Postal Service for two years lm~rtant Reminders: . Certified Mail may ONLY be combined with First-Class Mal~ or Priority Malia! . Certlfled Maills not available for any class of International mall. . NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables. please consider Insured or Registered Mall. . For an additional fee, a Return Recefptmay be requested to provide proof of delivery. To obtain Return Receipt servlce, pfease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mallplece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt. a USP~ postmark on your Certified Mall receipt Is requIred. . For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the maHpiece with the endorsement "RestrictedTJefivery". . If a postmark on the Certified Mall receipt Is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed, detach and affix label with postage and mall. IMPORTANT: Save Ihls recelpl and present II when making an Inquiry. Inlernet access 10 delivery Information Is nol available on mall addressed to APOs and FPOs. (6&161ibl::l) C:9w 6uqr 'O~& WJOd Sd " . Complete items 1. 2, and 3. Also complete . item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front If space permits. 1. Artlcle, Addressed to: Mark S. Hemstreet Shilo Inn, Springfield LLC 11600 SW Shilo Lane Portland, Oregon 97213 2. Article Number ~ (Ttansfer~m~ce,~t' , PS Form 3811. February 2004 ' ~ I!9-Agenl D Addressee ,.-. B. Received by (Printed Name) C. Date of Delivery Ilcl> M2L-U<"\..- 12./~/Db D.ls delivery address different from Item 1? 0 Yes If YES. enter de!lvery address below: 0 No 3,_ Service Type 1&1 CertIfIed Mall D Express Mall ti Registered 0' Return R~pt forMerch8nd1se D InsuOld Mall D C,O,D. '.. Restrtcted Dallvery? (ExUa Fee) D VeS 7003 O~OO 0005 1258 8486 '02595-02~M.1540 Domestic Return Receipt UNITED STATES P.L SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-1Q . Sender: Please print your name, address, and ZIP+4 in this box' City of Springfield 225 Fifth Street Springfield, Oregon 97477 --Attention: Brenda Jones 11,1.,1",1,1"11."11,,,1,1,,1.11,,1,,,1,1,1,1,1,,1,1,"II,,' . . CITY OF SPRINGFIELD NOTICE OF BALLOT MEASURE 37 APPLICATION COMPLETENESS REVIEW THIS IS NOT A DECISION ON YOUR BALLOT MEASURE (BM) 37 APPLICATION. Date: December 13, 2006 Property Owner Property Owner Representative Name: Mark S. Hemstreet, Shilo Inn, Springfield LLC Shilo Management Corporation Address: 11600 SW Shilo Lane Portland, OR 97213 Edward H. Trompke Jordan Shrader PC PO Box 230669 Portland, OR 97281 Re: Ballot Measure 37 Demand Application # LRP2006-00031 Dear Mr. Hemstreet, Thank you for submitting your BM 37 Demand Application on November 30, 2006. The Springfield Municipal Code (SMC), Sections 2.900 through 2.995, contains the City's regulations governing the application submittal and processing of BM 37 Demand Applications. Specifically, Section 2.930 discusses the application submittal process and Section 2.935 discusses the application completeness process. These sections must be addressed before application processing can occur. The SMC states that the property owner filing a BM 37 Demand is responsible for the completeness and accuracy of the application and supporting data. Therefore, unless specifically waived by the City Manager after a Pre-Demand Conference, the following information must be submitted: 1. Application Form. A completed application form (the front page of this packet must be filled out) to include: a) The name, mailing address, telephone number and authorization 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 Lessor of the property and their mailing address and telephone number. Please use additional sheets if all the information carinot fit on the front ' page. 2. Property Description. A legal description and tax lot number of the property as well as a street address for the property (if any). 3. Title Report. A title report issued within 30 calendar days of the application's submittal, including: a) Title 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 Regulations 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 below). 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 reducing the fair market value of the subject property or any interest therein; c) The identified land use regulation was enacted, enforced or applied after the current Owner of the property 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 Licensure Board of the State of Oregon supporting the amount of the Demand that addresses the following 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 including the extent to which the Sl!Pply 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 ("CCR's) applicable to the real property, if any, that impose restrictions on the use of the property. 9. Access.toProperty. 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 determin;ng 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 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 acquisition or inheritance by the Owner, whichever came first [if "family member" status is claimed, it must also be addressed in the title report required by Item 3. above]. Your BM 37 Demand application has been reviewed for cornpleteness in accordance with SMC Section 2.935. The City Manager has determined that: 2 . . [.] Your application is complete for review and the 180 day review period began on [X] Your application is incomplete because it did not address the following items above, therefore, you must submit: 1. The name, address phone number and signature of the Lessor. 3. A title report. (Does the Shilolnn Springfield LLC own the property?) 4. All of the specific Springfield Development Code Sections that are believed to be relevant to the Claim. . 7. An appraisal to justify the Claim -:- the submitted material does not indicate a basis for the Claim. Because your Demand application was found to be incomplete: Within 10 calendar days of the date on this notice December 26, 2006, you may submit a written statement indicating either an intent to submit 'the missing information or a refusal to submit the missing information. 1. If you indicate in writing that yoU intend to submit the missing information, this will constitute a waiver of the 180'c.alendar day time line for as long as it takes to supply the missing information. The 180'calemdar day time line will then begin on the date the missing information is submitted::' .' pO . ~~ , .~. 2. If you indicate in writing you do not intend to submit the missing information, the 180 calendar day time line will begin on the date the Demand was submitted to the City (November 30, 2006). .'c;.,;," ,.. -: ~j'2-'~ ;.~-: 3. If you do not respond in writing;iNithin:-20 days of the date of this notice January 2, 2007, the 180 calendarday time line'will begin on the date the Demand was submitted to the City (November 30,2006).'. ~!~::::- ..~'~ Z,_"r"'" . ~ . "",.' If you have any questions concerning:this notice, please call 541.726.3777, _ V' ;~:'(;. :': I:;':';'''> H' ,. ,~,..-, - ..!' .' ,. _. - ,,"o",_'C , . "'~, , -- ',-,-,,-.- " . . .....~:(~ 'i::- ...: . ;;.'. .....k.\ ;(' :o-r' -. ;J:'~';I.:~:n..; ,'" ".- ~- ~ cc: Gino Grimaldi; City Manager":",,:: t, , .. Bill Grile Development Sel\iices'Director Greg Mott, Community Plannirig and Revitalization Supervisor Sarah Summers, Planning Supervisor . .: '.~:.l <.:..{,::: ('j ,..i. .-, ,.-,\,.".., ,! -, ~ 3 Mark S. Hemstreet Shilo Inn, Springfield LLC 11600 SW Shilo Lane Portland, Oregon 97213 Edward H. Trompke Jordan Shrader PC PO Box 230669 Portland, Oregon 97281 . /