f Attachment A <br />Completeness Review of Conditional Use Permit Criteria: Received <br />Excerpt from City of Eugene Land Use Code, Chapter 9 <br />OCT 2 7 2014 <br />The application materials for New Cingular Wireless Crossfire Ministries (CU 14-3) are lacking <br />sufficient information to evaluate and determine compliance with the applicable Cfel4mitifiEw., nQ <br />Use Permit approval criteria at Eugene Code (EC) 9.8090. The code standard is prB 6q6 61618 ion <br />with staff concerns identified under each. <br />RESPONSE: The Applicant has provided supplemental responses to the code criteria listed <br />below. Responses are in italic text below the staff comment to each code criterion. <br />EC 9.8090(1): The proposal is consistent with applicable provisions of the Metro Plan <br />and applicable refinement plans. <br />The written statement does not identify the Metro Plan land use diagram designation, which <br />is low-density residential. As such, the Metro Plan Residential Land Use policies should be <br />reviewed with an explanation to determine applicability. More information also appears <br />necessary to show compliance with Policy E.4 of the Metro Plan, in light of recent case law <br />established in Northgreen Properties v. City of Eugene. Staff advises the applicant to closely <br />review that recent. case history for the type of findings and evidence that is necessary to <br />demonstrate that the facility is "designed and located in a manner that preserves and <br />enhances desirable features of the local and neighborhood areas and promotes their sense of <br />identity." <br />RESPONSE. The proposed project is within the Urban Growth Boundary as shown on the Metro <br />Area General Plan-Plan Diagram. The Property is designated as low-density residential, which <br />allows for up to 10 units (single- or multi family structures) per gross acre, leaving about 31% of <br />the area available for auxiliary uses. (Metro Plan at 11-G-3.) The Property is also within the <br />Southeast Neighborhood of Eugene (which is about 5 square miles in area). <br />(See, www.Eugene-OR.gov/index.aspx?NID=535; http://www.city- <br />data.com/neighborhood/Southeast-Eugene-OR.html.) <br />Environmental Design Element, Policy E.4: Policy E.4 of the Environmental Design Element says, <br />"Public and private facilities shall be designed and located in a manner that preserves and <br />enhances desirable features of local and neighborhood areas and promotes their sense of <br />identity." In the recent LUBA case of Northgreen Properties v. City of Eugene, the Board <br />determined that this guideline must be addressed separately from Eugene code requirements <br />because the guideline contains a specific directive that a telecommunications tower be designed <br />and located to preserve and enhance desirable features of the neighborhood. LUBA No. 2011- <br />099 at p. 6-7. <br />The desirable features of the neighborhood surrounding the proposed site include abundant <br />ground flora, mature evergreen trees and shorter deciduous tree and views of treed hillsides. <br />The existing buildings in the area are mostly older single-family homes, with some multi family <br />structures and developments. The stretch of West Amazon Drive where the Property is located <br />Completeness Review: New Cingular Wireless - Crossfire Church (CU 14-3) <br />