Item C - Laurel Hill Plan Diag. - Laserfiche WebLink

Home Browse Search

ATTACHMENT C CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mayor and City Council Date: November 24, 2004 Subject: Furtick/I,arson Refinement Plan Amendment and Zone Change Request In response to issues raised at the November 15, 2004, public hearing regarding a request to mnend the Laurel Hill Plan Land Use Diagram that would redesignate property owned by Charles Larson and Don Furtick from low-density residential to currently commercial and a corresponding request to rezone the property from R-1 (low-density residential) to C-2 (Community Commercial), you asked that our office provide answers to the following two questions: 1) If the Council denies the requested refinement plan amendment and zone change will the property owner have a Measure 37 claim? Based on staff's memo to you dated November 22, it is our understanding that Larson and Furtick acquired the subject property after October 2001. LUCU was adopted in August 2001. Thus, the Land Use Code 'Update (LUCU) was in effect al the time Larson and Furtick purchased the property. Further, the subject property was zoned residential manyyears prior to 2001. Because Larson and Furtick purchased the subject property after LUCU's adoption and long after the property was zoned residential, we do not believe that Larson and Furtick would have a Measure 37 claim based on a LUCU regulation or the current zoning of the property. 2) If Council denies the requested refinement plan amendment and zone change could the owners assert a takings claim on the grounds that the City has deprived them of all economically viable use of the property? If Council denies the requested refinement plan amendment and zone change Larson and Furtick will not be deprived of all economically viable use of the property. While it may not be the most lucrative use of the property, with its current R-1 zoning, Larson and Furtick can develop the subject property with houses. The properly owners' application materials concede that "one could build housing and locate it between two sets of power lines." (1/13/04 Refinement Plan Amendment Written Statement, p. 3) Larson and Furtick, however, assert that no one would want to buy the houses. Whether or not Larson and Furtick can sell the houses for a profit is irrelevant; the fact that the property can be used t'or residential use would defeat any potential regulatory takings claim. Additionally, as noted above, when Larson and Furtick purchased the subject property it was designated residential and LUCU was in place. Thus, the property owners' inability to developed their property commercially is not a result ora regulation that the City has placed on their property after it was purchased. As such, even if the property has no economically viable use zoned R-1