CCMinutes - 09/29/04 WS - Laserfiche WebLink

Home Browse Search

the urban growth boundary (UGB). He indicated that staff would develop recommendations about how the City should process claims should Measure 37 pass, based on the assumption that it would be the council's decision whether to pay a claim or waive regulations and that authority would not be delegated to staff, although that option could be discussed. Mr. Klein identified the consequences of waiving a regulation as another unclear aspect of Measure 37. He said the measure did not address whether a regulation was entirely eliminated for a piece of property and nothing applied, or whether regulations in effect prior to the waived regulation would then be in place. He stated that if the measure passed staff would return very quickly following the election with recommenda- tions for actions prior to the effective date of the measure, which could necessitate some modifications to the mandated time period for public notice. City Manager Taylor underscored his intent to hold a work session the day following the election if the measure passed in order to consider recommendations from staff for processing claims in an expedited timeframe. Mr. Kelly thanked Mr. Klein for his presentation. He commented that if Measure 37 passed, Eugene would no longer be a livable community over time. He said that zoning and planning were implemented to provide certainty and predictability to homeowners and business owners about what could happen on their property and surrounding property; Measure 37 eliminated that predictability. He gave the example of a neighbor- hood where homeowners had owned property for 3 years, 15 years, and 40 years respectively and each had a different basis for a claim. He said that Eugene could face tens of millions of dollars in claims and without the funds to pay claims would be forced to waive regulations. He said waivers could include buffers between uses, height limitations in viewscapes, and limits on residential density. Mr. Meisner remarked that Mr. Kelly had not overstated the risk of Measure 37 and asked if the assessment of claims based on length of ownership was accurate. Mr. Klein replied that an owner could request waiver of a regulation as long as the regulation was adopted after the person or family had owned the land. Mr. Meisner clarified that a waiver was for application to a particular piece of property and not elimination of the regulation entirely. Mr. Klein agreed with that, and said that the waiver could possibly apply only to the specific owner that requested the waiver. Mr. Meisner asked if the City could repeal a regulation to avoid endless claims related to a specific provision. Mr. Klein responded that the City could repeal land use regulations as long as the action was consistent with Statewide planning goals and statutes. Ms. Solomon commented that the reason Measure 37 was on the ballot was because governments across the state had been enacting regulations on property that devalued owners' ability to use their properties as they wished. She said that she did not think that Measure 37 was unreasonable and owners were entitled to just compensation. She said she supported Measure 37 and would vote against the resolution. Mr. Pap6 agreed with Mr. Meisner and Mr. Kelly regarding the retroactive aspect of Measure 37 and the resulting checkerboard of land use regulations through the City. He asked who would have the burden of proof for devaluation of a property. Mr. Klein replied that if the matter went to court the property owner would have to provide evidence of the reduction in value and the City would have to challenge that claim. He said the City could establish procedures that provided for a regulatory waiver or payment of a claim if the owner complied with specific requirements, although an owner could go to court if the City declined to act. MINUTES--Eugene City Council September 29, 2004 Page 2 Work Session