Item 3: PH on Resolution Concerning Measure 37 Claim (Brown)

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comprehensive plans, zoning ordinances, land division ordinances and transportation ordinances.” The claimant contends that the Floor Area Ratio (FAR) within the /TD Transit Oriented Development overlay zone, has been increased from .65 to 1.0 since the claimant purchased the property, and that due to the increase, development is no longer feasible. Although the specific Code citation is not mentioned in the claim, staff has determined that the claim is based on section 9.4530 and Map 9.4510 of the Eugene Code, the /TD Transit Oriented Development overlay zone. That zoning ordinance would qualify as a “land use regulation” under the Measure 37 definition. The FAR is defined per EC 9.0500 as: Floor Area Ratio “. The floor area of all buildings on a lot divided by the total lot area. (See Figure 9.4530(3) Floor Area Ratio Calculation.)” A FAR of .65 (the previous FAR designation for the subject property) means that the total floor area of all buildings, divided by the lot area, must equal at least .65. A FAR of 1.0 (the current FAR designation for the subject property) means that the total floor area of all buildings, must equal or exceed the lot area. As a simplified example, a property can achieve 1.0 FAR by covering the entire lot area with a single story building, or the same property can achieve 1.0 FAR by covering only half the lot area with a two-story building. Map 9.4510 of the Eugene Code depicts which areas in the /TD overlay zone are subject to which FAR. According to the Code as amended on February 26, 2001, by Ordinance No. 20224, properties in the /TD overlay zone are currently subject to either the 1.0 or the 2.0 FAR. Map 9.4510 currently shows the subject property within the 1.0 FAR area. Because the FAR provisions of the /TD Transit Oriented Development overlay zone require a minimum amount of floor area on a lot for development to occur, the effect of the regulations are to disallow the construction of a building meeting the previously permitted .65 FAR. C. E nactment/Enforcement. Measure 37 states that a property owner has a claim if a public entity “enacts or enforces a new land use regulation or enforces a land use regulation enacted prior to the effective date” of Measure 37. The provisions in Chapter 9 of the Eugene Code which the owner alleges has reduced the property value of the subject lot are EC 9.4530(3) and Map 9.4510, enacted on February 26, 2001. Following the passage of Measure 37, the City has not formally applied this provision to the Claimant’s property but has indicated that any development application must comply with that provision. D. Restriction on use, reduction in value. 3