Item 3: Wiper Inc. Measure 37 Claim

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ATTACHMENT A RESOLUTION NO. __________ A RESOLUTION DENYING A MEASURE 37 CLAIM OF CHARLES WIPER, INC. FOR PROPERTY IDENTIFIED AS ASSESSOR’S MAP 18- 03-18-00, TAX LOT 300. The City Council of the City of Eugene finds that: A. Charles Wiper, Inc. (Claimant) submitted a claim to the City under ORS 197.352 (Ballot Measure 37 (2004)) seeking either a waiver of regulations or compensation for alleged reduction in fair market value to the property identified as Assessor’s Map 18-03-18-00, Tax Lot 300. The property consists of approximately 71.6 acres, 20.5 of which are developed for cemetery purposes and known as Rest-Haven Memorial Park; the remainder of the subject property is vacant. B. Claimant seeks waiver of any and all land use regulations that restrict the use of the property, including: Eugene Code Chapters 6 and 9; the Eugene-Springfield Metropolitan Area General Plan (Metro Plan); all relevant refinement plans, such as the South Hills Study, TransPlan, and the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan; all relevant land use policies, such as the Housing Dispersal Policy; all relevant studies and reports, such as various Goal 5 studies, the Eugene-Springfield Metropolitan Area Residential Land and Housing Study and the Eugene-Springfield Metropolitan Area Public Facilities Plan Technical Background Report; all implementing regulations and standards, such as the Stormwater Manual; and all restrictions and conditions included in the Conditional Use Permit (CUP) currently applicable to the subject property. Claimant alleges that the value of its real property has been diminished by $3,520,000 as a result of application of restrictive land use regulations to the property by the City of Eugene. C. This claim was scheduled for a public hearing before the Council in May 2007. Shortly before the date scheduled for that hearing the Legislature amended Measure 37 to extend the time for acting on claims. In June of 2007, the Legislature referred to the voters a measure to revise Measure 37. The referral, Measure 49, was approved by the voters in November 2007 and became effective December 6, 2007. On December 26, 2007 the Lane County Circuit Court ordered the City Council to adopt a resolution approving or denying this claim, and to do so based on Measure 37 as it existed on May 30, 2007 without taking into consideration the provisions of Measure 49. D. The City Manager has caused an investigation of the claim to be made and has submitted to the City Council a Report and Recommendation on the claim. Based on the analysis and discussion set forth in the Report and Recommendation, the City Manager recommends denial of the claim. Resolution - 1