HomeMy WebLinkAboutItem 3E: Resolution Concerning Measure 37 Claim (Bush)
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Adoption of Resolution 4896 Granting a Measure 37 Claim and Waiving or
Modifying Some Provisions of Chapter 9 of the Eugene Code, 1971,
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for Property Located at 1333 West 10 Avenue, Eugene, Oregon
(Assessor’s Map 17-04-36-13 TL 12100 – Judith M. Bush)
Meeting Date: December 11, 2006 Agenda Item Number: 3E
Department: Planning and Development Staff Contact: Patricia Thomas
www.eugene-or.gov Contact Telephone Number: 682-5561
ISSUE STATEMENT
The proposed resolution (Attachment A) will waive land use regulations to resolve the Measure 37
claim filed by Judith M. Bush in lieu of paying compensation for the alleged reduction in fair market
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value to her lot, located at 1333 West 10 Avenue, due to the adoption of the Chambers Special Area
Zone regulations. The lot is identified as Tax Lot 12100 of Assessor’s Map17-04-36-13. The resolution
is based on an agreement, (included in Attachment A), between the claimant, neighbors and the
neighborhood organization.
BACKGROUND
The Measure 37 claim was submitted by Judith M. Bush on July 5, 2006. The City Council held a
public hearing on the request (M37 06-1) on November 20, 2006. The public hearing was held open
until 5:00 p.m. on November 27, 2007, to accept further testimony. One item of testimony from the
Jefferson Far West Neighborhood was submitted and is attached.
RELATED CITY POLICIES
Ordinance No. 20331, concerning real property compensation, is related to this claim.
COUNCIL OPTIONS
The council can choose to take action to waive regulations for the property by approving the proposed
resolution or can decline to support the proposed resolution.
CITY MANAGER’S RECOMMENDATION
The report, attached to the November 20, 2006, hearing packet, recommends that certain regulations be
waived in lieu of compensating the claimant. Measure 37 claims must be acted upon by the council
within 180 days of filing, which will require a decision on Ms. Bush’s claim by December 30, 2006.
L:\CMO\2006 Council Agendas\M061211\S0612113E.doc
SUGGESTED MOTION
Move to adopt the Resolution 4896 granting a Measure 37 claim and waiving or modifying some
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provisions of Chapter 9 of the Eugene Code, 1971, for property located at 1333 West 10 Avenue,
Eugene, Oregon (Assessor’s Map 17-04-36-13 TL 12100 – Judith M. Bush).
ATTACHMENTS
A. Resolution and signed agreement
B. Public Testimony received at the public hearing and prior to close of record on November 27, 2006
PLEASE REFER TO ATTACHMENTS PROVIDED IN THE NOVEMBER 20, 2006, PUBLIC HEARING
PACKET.
FOR MORE INFORMATION
Staff Contact: Patricia Thomas
Telephone: 682-5561
Staff E-Mail: patricia.thomas@ci.eugene.or.us
L:\CMO\2006 Council Agendas\M061211\S0612113E.doc
ATTACHMENT A
RESOLUTION NO.
A RESOLUTION GRANTING A MEASURE 37 CLAIM AND
WAIVING OR MODIFYING SOME PROVISIONS OF
CHAPTER 90F THE EUGENE CODE, 1971 FOR
PROPERTY LOCATED AT 1333 WEST 10TH AVENUE,
EUGENE, OREGON (ASSESSOR'S MAP 17-04-36-13 TL
12100 - JUDITH M. BUSH).
The City Council of the City of Eugene finds that:
A. In accordance with the provisions of Sections 2.070 through 2.095 of the Eugene
Code, 1971 ("EC"), Judith M. Bush submitted a claim to the City seeking compensation or a
waiver of ' regulations under Ballot Measure 37. Ms. Bush claimed that EC Sections 9.3050
through 9.3065 establishing the S-C Chambers Special Area Zone restricted the use of her
.
property and diminished the fair market value of her property at 1333 West 10th Avenue (the
"lot").
B. As required by EC 2.085 the City Manager has caused an investigation of the
claim to be made, has determined the claim to be valid, and has submitted to the Council a
Report and Recommendation that certain provisions ofEC 9.3050 through 9.3065 be modified or
waived as hereafter more particularly set forth.
C. As noted in the Report and Recommendation of the City Manager, Ms. Bush has
met with abutting neighbors, neighbors across the street from her property, and the affected
neighborhood organization, the Jefferson Westside Neighbors. Those parties have reached a
mutually agreeable solution to Ms. Bush's claim which is reflected in a written agreement, a
copy of which is attached hereto. That agreement is based on a number of considerations which
are identified in the Recitals contained on pages 1 and 2 of the agreement, including the unique
configuration of, and previous development on, the lot; and the ability to grant a waiver that is
Resolution - 1
still consistent with the purposes of the S-C Chambers Special Area Zone and actually makes the
streetscape after the additional .pevelopment more compatible with the neighborhood. That
Agreement is consistent with the waiver granted herein.
D. Considering the City Manager's recommendation and conclusion as to the validity
of the claim, the lack of City funds with which to pay compensation to Ms. Bush, and the
agreement negotiated between Ms. Bush, abutting neighbors, and the affected neighborhood
association, the City Council finds the public interest will be best served by waiving or
modifying portions ofEC 9.3050 through 9.3065 as hereinafter set forth.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based on the above findings, which are adopted herein, and the analysis
contained in the Report and Recommendation of the City Manager, the City Council hereby
waives or modifies the following land use regulations contained in the Eugene Code, 1971, for
the property owned by Judith M. Bush located at 1333 West lOth Avenue, Eugene, Oregon,
Assessor's Map 17-04-36-13, Tax Lot 12100:
Authorized modifications to Chambers Special Area Zone Development Standards
Applicable in S-C/R-2 Subarea:
The following waivers or modification of regulations are made upon the condition that
a new dwelling unit may be constructed only on the portion of the lot within 60 feet of
the front lot line.
1. EC 9.3065(3)(a)l.c. Modify to allow more than the maximum three
dwelling units permitted by the regulation as follows:
Allow the EXISTING four dwelling units and ONE additional detached
dwelling unit.
2. EC 9.3065(3)(j). Modify to allow total vehicle use area to exceed 20 percent of
the lot area, as follows:
Resolution - 2
Allow the EXISTING 1,820 square feet of vehicle use area that provides
access and parking for the existing four dwelling units and ONE additional
driveway to serve the additional, detached dwelling unit. The additional
driveway must comply with EC 9.3065(3)(f) Driveway Standards, and the
total vehicle use area on the subject lot must not exceed 2,435 square feet
total.
3. EC 9.3065(3)(b) through (j). No modifications permitted for the new
dwelling unit, as follows:
Except as otherwise stated herein, all development within 60 feet of the
front lot line must comply with all other Chambers Special Area Zone
development standards for the S-C/R-2 subarea, including those in EC
9.3065(3)(b) through G). (An approved adjustment to a standard constitutes
compliance with the standard.)
4. EC 9.5500 (1)-(14) Multiple Family Standards.
Proposed waiver of all standards, as follows:
Development entirely within 60 feet of the front lot line of the subject lot shall not
be subject to these standards.
Section 2. A copy of this Resolution shall be forwarded to Judith M. Bush, to the City's
Planning & Development Department, and a copy shall be recorded with the Lane County
Records Department .
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the _ day of November, 2006.
City Recorder
Resolution - 3
-- -- -"""" T~--"---
MEASURE 37 CLAIM AGREEMENT
City Managers omce
777 Pearl Street, Rm. 1 05
EUQene, OR 97401
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BETWEEN:
Judith M. Bush
(Claimant)
AND:
Abutting Property Owners
(Owners)
AND:
Jefferson Westside Neighbors, a City of Eugene
Chartered Neighborhood Organization
(JWN)
RECITALS
A. Sections 2.070 through 2.095 of the Eugene Code, 1971 ("EC") implement the
provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 3 7 which
requires governments to pay compensation or waive regukitions when certain regulations restrict
the use of property and reduce its value. These sections establish a process enabling property
owners to present a Measure 37 claim to the City of Eugene ("City").
B. EC Sections 9.3050 through 9.3065, the S-C Chambers Special Area Zone
provisions, were added to the Code by Ordinance No. 20355 effective January 1, 2006. Other
provisions of the Code applicable to this Agreement were initially added to the Code by
Ordinance No. 20224 enacted February 26, 2001, readopted by Ordinance 20249 enacted May 8,
2002, effective June 1, 2002, and subsequently amended, most recently by Ordinance No. 20353,
which became effective January 1, 2006.
C. Claimant is the owner of the property located at 1333 West lOth Avenue, Eugene,
Oregon 97402, and has filed a Measure 37 claim with the City seeking compensation or a waiver
of some of the Code provisions of EC 9.3050 through 9.3065 that are applicable to Claimant's
property.
D. Each of the Owners own property that neighbors or abuts Claimant's property at
1333 West 10th Avenue, Eugene, Oregon.
E. Claimant's and Owners' property are located within the boundaries of JWN, the
City of Eugene recognized neighborhood organization for that area.
F. Claimant, Owners, and JWN have conferred, and agree that the interests of all
parties will be furthered if the City grants Claimant's request for a waiver under Measure 37 as
hereinafter set forth.
G. If a waiver is granted in accordance with this Agreement, it will permit a single-
family house that meets all design standards of the S-CIR-2 residential subarea to be built on a
50 foot wide, 60 foot deep vacant area abutting the street. Because of the unique configuration
of the lot and previous development on the rear of the lot, this vacant area appears as a "missing
tooth" amidst a row of modest single-family houses in the 1300 block of West 1 Oth Avenue.
Agreement - 1
H. This. Agreement addresses the property owner's concerns and furthers the stated
purposes of the S-C Chambers Special Area Zone (EC 9.3050). Adding a compatible house in
the existing 50 foot wide gap will specifically serve the following purposes stated in EC 9.3050:
(1 ) Protect and maintain healthy existing neighborhoods by ensuring compatible
design for infill development in terms of the structure's mass, scale, orientation
and setback to complement patterns in the existing neighborhood.
(2) Promote a general increase in density with a mix of multi-family and single
family residential development that contributes positively to the neighborhood
pattern of single-family detached dwellings.
(5) Establish, strengthen, and maintain a high quality urban environment with
compatible commercial, residential and industrial use.
e 6) Create a pedestrian friendly environment.
I. By filling the existing gap on West I Oth A venue with residential development that
advances the desired characteristics in Paragraph H, the streetscape will be more compatible with
the neighborhood, and problems with illegal use of the vacant area (e.g., for camping and fires)
will be eliminated. The additional "eyes on the street" and comings-and-goings by occupants of
a street-oriented, single-family home will contribute to the safety of the surrounding area and to
the pedestrian appeal of the section of the sidewalk that currently passes the vacant area.
AGREEMENT
Now, therefore, in consideration of the foregoing Recitals, which by this reference are
incorporated herein as if set forth in full, and of' the mutual covenants, conditions and
obligations on the part of each party to be kept and performed, it is hereby agreed as follows:
1. The parties will jointly recommend to the Eugene City Council that it waive
and/or modify the following provisions of EC 9.3065 S-C Chambers Special Area Zone
Development Standards Applicable in the S-C/R-2 Subarea:
1.1 EC 9.3065(3)(a)1.c., which specifies the maximum density standards for
lots with street access as:
"Three dwelling units if the lot area is greater than 9,200 square feet. "
be modified for Claimant's property to allow the existing four dwelling units and one
additional, detached dwelling unit, which must be located entirely within 60 feet of the
front lot'line.
1.2 EC 9.3065(3)0), Vehicle Use Area, which specifies that:
"The total vehicle use area shall not exceed 20 percent of the lot size."
Agreement - 2
be modified for Claimant's property to allow the existing 1,820 square feet of vehicle
use area that provides access and parking for the existing four dwelling units, and one
additional driveway to serve the additional detached dwelling unit permitted herein.
The additional driveway shall comply with EC 9.3065(3)(t) Driveway Standards, and
the total vehicle use area on Claimant's property shall not exceed a total of 2,435
square feet.
2. Except as otherwise provided in this Agreement, all development within 60 feet
of the front lot line of Claimant's property should comply with all other Chambers Special Area
Zone development standards for the S-C/R-2 subarea, including those in EC 9.3065(3)(b)
through 0). (An approved adjustment to a standard constitutes compliance with the standard.)
3. Development that occurs on Claimant's property entirely within 60 feet of the
front lot line of the property should not be subject to the EC 9.5500 Multi-Family Standards, and
other standards referenced in EC 9.5500.
4. Nothing contained in this Agreement should be construed in any way to limit
Claimant's ability to replace the existing two structures (four dwelling units) if they are
destroyed by fire or some other event, providing the replacement structure(s) are constrained to
the same footprint (lot area) and envelope (3-dimensional volume) as the structure(s) being
replaced, or meets all applicable S-C/R-2 development standards EC 9.3065(3)(b) through (e),
and the replacement structures do not exceed 4 dwelling units in addition to the single-family
home.
5. By execution of this Agreement, Claimant agrees that if the Eugene City Council
approves a waiver/modification of applicable code provisions consistent with Sections 1, 2, and
3 of this . Agreement for Claimant's Measure 37 claim number M37 06-1 regarding Claimant's
property at 1333 West 10th Avenue, such waiver/modification will fully satisfy all of Claimant's
rights under Measure 37 applicable to the said property with respect to the provisions of the
Eugene Code, 1971, as of the date of Claimant's signature below.
6. By execution of this Agreement, the JWN affirms the determination of its elected
officers that this Agreement contributes positively to the neighborhood pattern, helps protect the
health of the neighborhood, and in no way lessens or circumvents the intended application of the
standards applicable to the S-C/R-2 subareC;l, and agrees that if the Eugene City Council approves
a waiver/modification consistent with Sections 1, 2, and 3 of this Agreement for Claimant's
Measure 37 claim number M37 06-1 regarding Claimant's property at 1333 West 10th Avenue, it
will not challengee or appeal the waiver/modification in any administrative proceeding or in the
courts of the State of Oregon, and that the person signing this Agreement on its behalf is fully
authorized to do so.
7. By execution of this Agreement, the individual owners of the properties abutting
and neighboring Claimant's property at 1333 West 10th Avenue agree that if the Eugene City
Council approves a waiver/modification consistent with Sections 1, 2, and 3 of this Agreement
for Claimant's Measure 37 claim number M37 06-1 regarding Claimant's property at 1333 West
Agreement - 3
1 Oth Avenue, they will not challenge or appeal the waiver/modification in any administrative
proceeding or in the courts of the State of Oregon.
The foregoing Agreement is effective as of the date of the latest signature of the parties as
indicated below.
Date:
/ ~3 /06
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Date: 11111 IOu
, I
JEFFERSON WESTSIDE NEIGHBORS
By:Jl1, ~ ~t%~
Title: . :t'ti>N ~ -d.to..l'''~
Date: ~2,.OO~
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o~
Date: l \ /l2-/~
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Date: \ \ - ( d.. . (j h Date:
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County of Lane )
~Thi~trument was acknowledged before me by Judith M. Bush on this /8---day of
~_f!tW.W, 2006.. , VL- . C ) _
Notary Public for Oregon
My Commission Expires:
Date: I L - \ ~ - () '-
STATE OF OREGON )
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. OFAC~LS~
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COMMISSION NO. 392668
MY COMMISSION EXPIRES JUNE 9, 2001 I
Agreement - 4
Date:
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ATT ACHMENT B
Testimony on Bush Measure 37 C~abn for Compensation (M3706-01)
This Measure 37 claim is described on the Jefferson Westside Neighbors website as "a
"win" for the neighborhood, a win for the owners and a win for the City". It certainly is
a win.for the owners, might be a win for the neighbors but definitely is not a win for the
City. How can a process, which needs to throw out the Land Use Code to be affected be
a win for the City?
The JWN website further states that "a small house that met all the S-C/R-2.Standards.
would increase the stability of the block and would improve the quality of that area".
The page goes on to state that "It is. vitally important to the health of our neighborhood
that these standards not be undercut in any way, including by City action in respOnse to a
M-37 Claim." Further the page states ''the outcome will not result in any development
~t doesn't meet the intended purposes oftheS-C/R-2 standards to allow the one new
house'~
So one is compelled to ask - if both the house is great and the standards are great then
why is a Measure 37 claim required to allow it to be built? Something must be broken.
Unfortun~tely what is broken are the density standards that were approved when the.
Chambers Revisited standards were approved (by the way less than a year ago). By those
standards, the existing building on the lot couldn't be built now, let alone another
dwelling. In fact, numerous other desirable buildings cannot be built, such as owner
occupied row houses.. This is not due to the size and scale standards, which for the most
part are acceptable. It is because the code is a de-facto downzoning of this area from R-2
to. R-l and this case shows that it doesn't work. If the goal is to reduce the underlying
zoning then be honest and just do it. Don't set limits o~ dwelling units by lot siZe that
essentially make the area R-l and additionally_preclude.intill that still meets the size and
mass standards.
We should still define how our community will develop throughthe Land Use Code, not
by agreements between land pwners. and Neighborhoods to selectively support Measure
3.7 clainis that they "like".
Jon Belcher - Planning Commissioner (though I. speak for myself tonite).
1240 W. 17th Ave. Apt 4
97405
Jefferson Westside Neighbors
A City-Chartered Neighborhood Association
www.jwneugene.org
November 27,2006
Mayor Piercy and Eugene City Council
City Hall, 777 Pearl Street, Room 105
Eugene, OR 97401
eYe
I j r IVIA'"\l . _
vA <.:i l::: R
NOV 2 72006
RE: Measure 37 claim for 1333 W. 10th Ave.
Dear Mayor and City Councilors:
We'd like to follow-up on two items regarding the Measure 37 claim for 1333 W. 10th Ave.
At the hearing, Jon Belcher stated the agreement among the property owner and her family,
nearby residents, and the neighborhood association was "definitely not a win for the City."
Mr. Belcher, however, didn't indicate what outcome he thought would be preferable. It's
unclear whether he was suggesting Council deny the claim - despite staff s opinion the claim
is valid - and thus risk a protracted and expensive legal battle with the owner. Or whether
Mr. Belcher was suggesting Council waive or modify additional standards beyond what the
claimant has agreed to, thereby setting a precedent that would unnecessarily broaden the
impact of future Measure 37 claims.
We firmly believe the course recommended by staff and the JWN is better for the City than
any available alternative. By adopting the proposed resolution, Council will avoid
unnecessary legal conflict and minimize the risk of additional financial burden on the City.
Further, the resolution strictly limits the modifications granted and establishes specific,
unique criteria upon which approval of the modifications is based, thereby assuring any
precedent set is as narrow as possible.
Measure 37 itself is certainly no "win" for the City or neighborhood residents. But doing away
with Measure 37 was not an alternative we or anyone else could bring to Council. Under the
circumstances, the agreement reached by the parties offers the City the best "win" possible.
On another item, Susannah Meininger contacted the JWN co-chairs after the hearing and
asked on what date the JWN approved the Measure 37 agreement. For Council's benefit, the
JWN Executive Board adopted the motion shown on the reverse side on September 19, 2006,
and the minutes of this board meeting were published on the JWN Web site on September 29.
Extensive information about the Measure 37 claim, the co-chairs' work on an agreement, and
the board's action has been published on the JWN Web site (see jwneugene.org/m37.html), in
printed meeting.handouts, and in the JWN's e-mail newsletter.
Please contact either of us if we can provide further information.
Respectfully,
~c4
Rene Kane, Co-Cl1air
254 W. 14th Ave.
rkane@highstream.net 343-4309
P ul Conte, Co-Chair
1461 W. 10th Ave.
pconte@picante-soft.com 344-2552
Jefferson Westside Neighbors
Executive Board Motion
On September 19, 2006, the Jefferson Westside Neighbors Executive Board
unanimously (6-0) approved the following motion:
The JWN co-chairs are directed to take such action as is necessary to facilitate a
negotiated agreement regarding the M-37 claim for 1333 W. 10th Ave., as long as
any agreement meets the following criteria:
a) The agreement is legally enforceable.
b) The agreement allows no more than one additional, detached dwelling unit on the
property; this structure and all other new structures must substantially comply with all
other development standards of the Chambers Special Area Zone (CSAZ).
c) In the opinion of the co-chairs, the agreement does not adversely prejudice
residents or the JWN in opposing future M-37 claims in the CSAZ.
The co~chairs are authorized to spend up to $100 to implement this agreement.
Additional expenditures require approval by a vote of the Executive Board or.General
Membership.
The co-chairs are authorized to sign an agreement on behalf of the JWN Executive
Board providing the agreement is first presented to the board and no more than two
board members notify the co-chairs within 3 days of their objection to the agreement.
If two or more board members object, the agreement shall be presented at a regular or
emergency Executive Board meeting or at a JWN General Meeting for a vote.
Board members voting in favor: Rene Kane, Paul Conte, Erika Seiferling, Garrick
Mishaga, Angela Rooney, Kyle Bums
Board members voting in opposition: (none)