Kee? )0/9 JUSTICE LAIN GROUP <br />LAURE=N C. RE=GAN, ATTORNE=Y AT LAW <br />259 East Fifth Avenue, Suite 300A, Eugene, OR 97401 <br />Ph: 541/ 687-9180, Fax: 541/ 686-2137, E: began@justicelaworegon.com <br />September 2, 2013 <br />Eugene Hearing Official <br />Eugene Planning and Development <br />Atrium Building <br />99 W. 100, Ave. <br />Eugene, OR 97401 <br />Re: Oakleigh Meadow Cohousing Planned Unit Development (PDT 13-.001), Willamette Greenway <br />Permit (WG 13-001). <br />Dear Hearing Official: <br />On behalf of myself and the neighbors of.Oakleigh and McClure Lanes in opposition to the above- <br />referenced land use applications, I submit the following in response to my review of the Applicant's <br />submissions; the staff report, and other applicable documents, and find the application fails to provide <br />adequate evidence that the applications are consistent with the Eugene Code, Metro Plan, the Lower <br />River Road Concept Plan (2009), and Eugene Arterial & Collector Street Plan (1999). <br />The current PUD and necessary Greenway permit applications will increase the number of homes by <br />145% on Oakleigh Lane, at least one building will be constructed within 1h foot of their property lines and <br />will include the construction of 8 foot cement walls on their property line without any screening-even <br />where the property abuts the public open space. The project will increase traffic by 168 trips per day <br />(not to mention 200 gravel trucks and other construction related equipment), plus the general public <br />they solicit to the property for OMC events. As a result of the overzealous size of the proposed condo <br />development, 20 out of 21 residents of 0akleigh Lane and the overwhelming majority of residents of <br />McClure Lane adamantly oppose this application and it's impacts on the pre-existing neighborhood. <br />Brief Conclusion <br />The above referenced PUD record failed to provide substantial evidence to demonstrate compliance with <br />the applicable land use codes and criteria, and the applications for PUD and Greenway permits must be <br />denied. "When reviewing a land use decision, LUBA may reverse or remand if the' local government's <br />decision is based on facts that are 'not supported by substantial evidence in the whole record.' ORS <br />197.835(9)(a)(C). A finding of fact is supported by substantial evidence if the record, viewed as a whole, <br />permits a reasonable person to make that finding." Younger v. City of Portland, 305 Or. 346, 360, 752 .P.2d <br />262 (1988); Citizens for Responsibility v. Lane Cnty., 218 Or. App. 339, 344, 180 P.3d 35, 38 (2008) <br />A condo development with this many buildings and units goes against EC 9.8320, as well as other <br />provisions of the Eugene Code, Metro Plan, the Lower River Road Concept Plan (2009), and Eugene <br />Arterial & Collector Street Plan (1999). The overarching land use tenets establish that higher density <br />development must occur in close proximity to busy River Road, and low density, single family homes <br />shall be permitted closer to the Willamette Greenway and the public parks and open space that make up a <br />large portion of the Greenway. <br />797 <br />