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7-28-15 Trautman Public Comment (03)
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7-28-15 Trautman Public Comment (03)
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Last modified
4/27/2017 4:32:34 PM
Creation date
7/28/2015 2:17:45 PM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Public Comments
Document_Date
7/28/2015
External View
Yes
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Ken Helm, City of Eugene <br />Re: Final Rebuttal - Oakleigh Meadow Co-Housing, LLC <br />Page 3 of 11 <br />Statewide Planning Goals. Oregon Statewide Planning Goal 15 was <br />referred to as providing different or additional standards governing the <br />Greenway application. However, the Statewide Planning Goals do not apply <br />to a land use application made under an acknowledged comprehensive plan <br />and land use regulations. ORS 197.835(8). ORS 227.173(1). See also Byrd v. <br />Stringer, 295, Or 311, 318-19 (1983). Hence, Goal 15 does not provide <br />additional approval criteria for this application. <br />Eugene Code Purpose Statements. Opponents referred to provisions in <br />the Eugene Code's general purpose statement at section 9.0020 as providing <br />different or additional standards applicable to the proposed development. <br />However, as is set forth in Eugene Code section 9.0050 the general purpose <br />statement is not approval criteria for the application: <br />"Many of the divisions of this land use code contain 'introduction' <br />and 'purpose' sections which are intended in most instances to <br />provide general explanatory information concerning subsequent <br />code sections. The content of these sections shall not constitute <br />approval criteria or be used to interpret such criteria unless the <br />sections are specifically reference for that purpose in another <br />section of this land use code." (Emphasis added). <br />Accordingly, these provisions do not provide different or additional <br />standards governing this application. <br />Metro Plan Goals and Objectives. Opponents also refer to Metro Plan <br />goals and objectives. However, these provisions are not additional criteria <br />governing the land use application. As the Metro Plan explains: <br />'A goal is a broad statement of philosophy that describes the hopes of <br />the people of the community for the future of the community. A goal <br />may never be completely attainable, but is used as a point to strive for. <br />An objective is an attainable target that the community attempts to <br />reach in striving to meet a goal. An objective may also be considered <br />an intermediate point that will help fulfill the overall goal." <br />Metro Plan, I-4. These goals and objectives do not provide different or <br />additional approval criteria for the application at issue. <br />2. Traffic <br />The Oakleigh Meadow Co-Housing proposal complies with the <br />requirements at EC 9.8320(5) that it provide a "safe and adequate <br />transportation system." As noted by City staff and Registered Professional <br />435 <br />
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