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5/20/2015 2:35:57 PM
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PDD_Planning_Development
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CU
File Year
14
File Sequence Number
3
Application Name
AT&T AT CROSSFIRE
Document Type
Staff Report
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5/20/2015
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churches in R-1 (see EC Table 9.2740). However, no expansion ofthe existing church use is <br />proposed. Rather, the proposal is to establish a separate telecommunications use which is <br />independently subject to CUP approval. Like churches, schools and other public facilities, <br />various non-residential (i.e. “auxiliary”) uses are allowed in areas designated for low-density <br />residential use as contemplated in the Metro Plan (Page II-G-3), subject to local controls such as <br />here, where a CUP is required for the proposed facility. <br />In the case of the proposed telecommunications facility, there is one Metro Plan policy that is <br />considered as a mandatory approval criterion based on the Planning Commission and LUBA’s <br />holding in Northgreen v. City of Eugene (aka:AT&T Mobility Cell Tower: Oakway Golf Course, <br />PDT 10-2 and CU 11-1). The Planning Commission Final Order on remand, which was affirmed <br />by both LUBA and the Oregon Court of Appeals, is instructive as to how the City must apply that <br />policy in the case of the proposed telecommunication facility. The following findings address <br />that policy as it relates to the applicant’s request, in light of relevant precedent. <br />Metro Plan Policy E.4 (Page III-E-3): “Public and private facilities shall be designed and <br />located in a manner that preserves and enhances desirable features of local and <br />neighborhood areas and promotes their sense of identity.” <br />LUBA found that that Policy E.4 constitutes an applicable Metro Plan policy that the City must <br />separately address, because it “provides fairly specific and mandatory direction that public <br />facilities such as the telecommunications tower ‘be designed and located’ to ‘preserve and <br />enhance’ desirable features of the area.” Based on LUBA’s clear direction and past local <br />precedent, Policy E.4 applies to this proposed telecommunications tower because it is a <br />“communication facility” and that term is included in the Metro Plandefinition of “key urban <br />services and facilities” (see Metro Plan Glossary, Page V-3). <br />The proper application of general Metro Plan policies to individual development applications <br />requires careful evaluation of whether and how a particular policy applies and what it means in <br />the context of a particular neighborhood area. It also requires that we look to the context <br />provided by the local regulatory framework of the Metro Plan, any applicable refinement plans, <br />and the Eugene Code regulations intended to implement those adopted land use plans. <br />Interpreting the Metro Plan requires weighing the various components so the plans and <br />implementing code provisions can be applied in a practical manner to a variety of proposals. <br />The Metro PlanIntroduction includes a section called the “Use of the Metro Plan” (Page I-5), <br />stating that: <br />“…A policy is a statement adopted as part of the Metro Plan to provide a consistent <br />course of action, moving the community toward attainment of its goals…The revised <br />goals, objectives, and policies contained in this Metro Plan are not presented in any <br />particular order of importance. The respective jurisdictions recognize that there are <br />apparent conflicts and inconsistencies between and among some goals and policies. <br />When making decisions based on the Metro Plan, not all of the goals and policies <br />can be met to the same degree in every instance. Use of the Metro Plan requires a <br />HO Agenda - Page 7 <br />
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