Beaverton facing $57 million in Measure 37 land-use claims

Waiver of transportation requirements for former Wal-Mart site is among 10 requests filed by Monday's deadline

Beaverton property owners are asking the city to either waive some land-use regulations or face nearly $57.7 million in Measure 37 claims.

The city was handed 10 new Measure 37 claims prior to the Monday night deadline, including one that would waive transportation improvement requirements for the 9.28-acre Town Square Too site at the Southwest Cedar Hills Boulevard and Barnes Road intersection.

The site was slated to become a 152,000-square-foot Wal-Mart store until the City Council rejected the plan in August.

Under 2004's Measure 37, governments are required to pay property owners or forgo enforcement when certain land-use restrictions reduce property values.

The claims filed within the past week total $57,696,612.

Monday was the deadline to submit Measure 37 claims without going through the development process. Now, local governments can require property owners to submit plans and be rejected before they file a claim.

Four Measure 37 claims filed on behalf of Peterkort, J Peterkort Co. and Peterkort Homestead LLC account for the bulk of the city's total.

The Peterkorts are asking the city to waive all transportation requirements in each claim or pay $9 million for the Town Square Too site, $4 million for a parcel east of the homestead greenhouse, $5.5 million for two parcels on the northeast corner of Barnes and Cedar Hills Boulevard, and about $32 million for three parcels at the eastern point of the Barnes Road and Highway 26 ramp.

Others who filed claims include David Williams, Harvey Platt on behalf of Harmony Investments, Alton Grabhorn, Mark Hemstreet, Frank Oulman and Faramarz Jaihouni.

Williams wants to subdivide his property.

Platt hopes to create office and retail space at an Allen Boulevard warehouse.

Grabhorn would like to have a billboard at the PepperTree Motel, also on Allen Boulevard.

Hemstreet wants the Shilo Inns office north of the Sunset Highway to be exempt from city design review, landscaping and parking requirements.

Oulman wants to create a nine-lot planned-unit development along Southwest Denney Road.

Jaihouni is seeking an exemption from a 50-foot buffer around a wetland on his property.

The city is required to process the Measure 37 claims within 180 days. That includes holding a public hearing for each and providing notice to neighbors, said City Attorney Alan Rappleyea.

'It will be a challenge to schedule out that amount of hearings,' Rappleyea said. 'It's a lot of work for the city and council. They will have to hear all of these.'

In the past, the city has worked to resolve issues and negotiate terms with property owners, he said.

'The property owners can grant more time if we can work out an agreement,' Rappleyea said.