Council Communication

Measure 37 Claim - Lowe Road
Meeting Date:	May 3, 2005		Primary Staff Contact:	Mike Franell, 488-5350 franellm@ashland.or.us
Department:	Legal		Secondary Staff Contact:
Contributing Departments:	Admin
Approval:	Gino Grimaldi

Statement: Jackson County has provided notice to Ashland of a Measure 37 claim received outside our urban growth area, but within our area of mutual concern. The claimants are Reginald & Annette Breeze.
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Background: Measure 37, passed by the Oregon voters in November 2004, allows a property owner to submit a claim for diminution of property value caused by land use regulations enacted after a property owner acquired their property. The governing body reviewing the claim may either pay the diminution in value, if any, or may waive or choose not to apply the limiting land use regulations. The Breezes, together with Charles J Kenney and Darrel G Hinnewinkel, purchased the property in 1979. The property consists of approximately 18.4 acres along S. Valley View and Lowe Roads near the North Interchange to Interstate 5. The property was zoned RR-5 (Rural Residential, 5 acre minimum lot size) at the time of purchase, but was listed in the County's comprehensive plan for interchange commercial. In 1982, Jackson County amended their comprehensive plan and rezoned all but 1.62 acres to OSR (Open Space Reserve). The claim purports a reduction in value from what the property could have been used for at the time of purchase, with a rezone to interchange commercial, of $5,763,980, based upon a proposed development of a botanical interpretive area with a rest area and tourist welcome center, a thirty-two space campground with full RV hookups, a convenience store, a gift shop and two restaurants.
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Council Options: Primary jurisdiction for resolving the Measure 37 claim lies with Jackson County. Therefore, the City of Ashland has limited options at this point. We could do nothing and see how Jackson County resolves the claim. We could submit a letter objecting to the granting of the claim to be considered by the County in their determination.
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Staff Recommendation: Due to the area around this interchange being one of only two interstate access points into the City of Ashland and due to the claim being based upon uses that would have required a zone change in order to have been permitted at the time the property was acquired, Staff recommends the Council direct staff to prepare a letter for the Mayor's signature objecting to the granting of this Measure 37 claim.
Possible Motions: I move the Council direct staff to prepare a letter for the Mayor's signature objecting to the granting of this Measure 37 claim.
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Attachments: (click on link below to view attachments) Copy of Measure 37 claim Copy of map identifying relevant property Copy of Tax Assessor's Map.

Measure37Claim-Attachments.pdf (1219.2KB)

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