The Oregon City Commission conducted an extended public hearing May 16 on two Measure 37 claims filed by Rocky and Jan Younger and voted to make tentative findings denying the claims while holding final action in abeyance pending state legislative action and the November ballot outcome.

City Attorney (Sullivan) summarized staff's position that the record does not show a compensable reduction in value caused by land‑use regulation and recommended the commission make a tentative decision but postpone final action because the governor had signed a bill giving cities additional time and other state bills could change available remedies. Sullivan told the commission the staff appraisal found "no reduction in value" for the subject parcels.

Property owner Rocky Younger and his wife, Jan, told the commission they disagree with staff and asked for a waiver of the mixed‑use designation as applied to their parcels. Rocky Younger said he has invested substantial funds and asserted that certain uses permitted under the former general commercial zone (motels, gas stations, lumber yards, nurseries among others) are now restricted or require conditional use approval under the Mixed Use Corridor District, reducing the land's viability for some commercial users. "I put a million and $200,000 in the Beavercreek Road since last July trying to develop it," Younger said, describing an active effort to find tenants and complete engineering work; he told the commission he had spent "over a half a million dollars" on prior development efforts.

Staff presented details: the Molalla Avenue parcel was rezoned from General Commercial to MUC1 in 2004; comparators in the record included an appraisal by Gail Webb that reached a higher total value and a separate appraisal prepared for right‑of‑way compensation that showed a different value. Staff noted differences in permitted uses but said the appraiser concluded the MUC designation permitted greater maximum building mass and, overall, did not reduce market value. Staff also noted one of the Beavercreek parcels (a small lot with a car wash) was purchased after the zoning change, which limits eligibility for relief under Measure 37 criteria.

The commission took two discrete actions in response to procedural requests by the applicants. First, upon motion, commissioners voted 5–0 to include the LUBA (Land Use Board of Appeals) record provided by the applicants in the public hearing record as the applicants requested. Second, after deliberation the commission moved, and by roll call voted 5–0, for a tentative denial of the two Measure 37 claims for the parcels on Molalla Avenue and Beavercreek Road while excluding tax Lot 402 from consideration because it had been acquired after the rezoning; the commission directed staff to prepare tentative findings and to defer a final order until after the November election so the city could assess the effect of pending state legislation on available remedies.

Speakers quoted: Rocky Younger (claimant), Jan Younger (claimant), City Attorney (Sullivan).

Why this matters: Measure 37 claims seek compensation or waivers where land‑use rules reduce private property values; the commission's tentative denial preserves the city's position while avoiding a final order that might require different forms of relief under laws that could change at the state level. Claimants retain procedural options; staff and applicants may submit additional materials for the record while the matter is on hold.

Provenance: the hearing record, staff reports, and appraisals are the evidentiary basis for the tentative decision; the commission accepted the LUBA record into the public record by vote.

Ending: Staff will prepare tentative findings for the commission and will return the matter for final action after the November election or earlier if new admissible evidence is submitted.

Sections:

Lede: The Oregon City Commission conducted a public hearing May 16 on two Measure 37 claims filed by Rocky and Jan Younger and voted to make tentative findings denying the claims but held final action until after statewide action on Measure 37.

Nut graf: City staff recommended tentative denial based on appraisals that did not show a compensable decrease in value; claimants argued the rezoning from General Commercial to Mixed Use Corridor restricted uses and raised costs to develop, but the commission accepted staff's advice to delay final action given pending state legislation.

Body: Most important facts first, supporting detail and background; includes applicant statements and staff appraisal summary.

Ending: The commission directed staff to draft tentative findings and placed final action on hold pending the November ballot and potential new legal frameworks.

Topic primary: land_use