Item 3: Ordinance Concerning Jefferson/Far West Plan Amendments

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designation, nor ,any' reliable, estimate of how' many more units \\-'ould actually be built under a MDR ,designation; and thus there is simply no credible basis for an estimate of any net difference. The best basis ,for any estimate remains the "Chambers Revisite:d" analysis, ,,,hic.h suggests any net difference over the next eighteen months \vould be insignificant in relation to Eugene's housing supply and needs, and should not be a factor in this decision~ Measure 37 and amendment and the sunset date Davidc subnlitted t~stimony claiming that, due to the sunset clause, "these changes vvi II.expire. before ,they actually apply to existing property o",'oers." This is \Vfong. The ne\vpoHcies and code will apply to aU properties, as of their effective date.3 Of course, Measure 37 looms over every new land use regulation, and the City cannot simply stop taking any action for fear there may bt1 an Measure 37 claim. Planning staff and the City attorne:y, as \yell as City Council, "vere aU wen aware of Measure 3 7 when staff recornmended~hese amendments asthe most effective approach, and Council initiated the ame,ndments. Measure 37 is thus no reason for the Planning Commission to recolnmend Council not adopt the proposed aniendments. We would also note that in this particular situation, there, are favorable conditions with respect to any potential Measure 37 claim: o Property OViners are currentl)l limited to development allowed by the existing zoning oftheir.property.Changing the Metro and J/F\\! RP designations will not change any zoning. Thus, there is a colorable legal argument that the aUo'\vable developlllcntafter the redesignation . is the same before and after the action, vvhich would preclude a approval ofaf\1easure 37 claim. o Also not that anyo\vner \vhoa.pplies for a zone change before the effective date of these amendments vvould have, their a.pplication processed by the current regulations. Thus, they \'\lould have no need for, nor any c.ausefor} a 1\1easure 37 claim. o FinaHy,Eugene Ordinance 20331, \vhic.h sets forth theproc.ess for ha,ndHng Measure 37 clairns allo\vs the City to inlpose the sanie regulations in effect lt1nen an Ol11ner bought the property: 2.090 (4). If the Cit)l council rernoves or nlodifies the c.}lal1enged land use regula.tion, thec,ouncil may as part of the decision re-ltllpose vtith respect to the subject property,.all of the land use regulati.ons in effect at the tinle the claimant acquired the property 3 Mr. HinkJey testified at the hearingregard~ng a iv1.easure.37 "{\,vo year vvindo\v."The.rvfeasure 37 rules to Vdlicl1 the Hwindo\vH refers do. not limit. Tvleasure 37 claims on ne,,,, ordinances; the rules Inerely require the claimant be de,n ied approval for a land use acti on before fiJinga iv137 claitll, Thus, there is no basis for the clairn that this '\vindov{" makes the proposed Eunendnlents ineffective just because the arnendrrlents sunset in eighteenlTIonths. 3 111-25