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LUBA Appeal Final Order
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LUBA Appeal Final Order
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Last modified
2/1/2018 4:01:55 PM
Creation date
1/31/2018 2:04:27 PM
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Template:
PDD_Planning_Development
File Type
CA
File Year
17
File Sequence Number
1
Application Name
UGB ADOPTION PACKAGE
Document Type
Final Order
Document_Date
1/10/2018
External View
Yes
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1 allow needed housing "in one or more zoning districts or in zones described by <br />2 some comprehensive plans as overlay zones with sufficient buildable land to <br />3 satisfy that need." <br />4 Development applications for "needed housing" on "buildable land" may <br />5 not be subjected to standards, conditions, and procedures that are not "clear and <br />6 objective." ORS 197.307(4). However, ORS 197.307(6) allows a local <br />7 government to adopt an alternative approval process for applications for <br />8 needed housing, if the alternative approval process authorizes a density that is <br />9 greater than the density authorized under the "clear and objective standards" <br />10 described in ORS 197.307(4). In other words, a local government may adopt an <br />11 alternative approval process that includes discretionary standards and that <br />12 allows for greater density than would otherwise be allowed if only "clear and <br />13 objective" standards applied to a development application, as long as <br />14 development continues to be allowed under clear and objective standards. <br />15 The city has adopted as part of the Eugene Code (EC) such an alternative <br />16 approval process that is sometimes referred to as the city's "discretionary <br />17 track." See, e.g., EC 9.8320, Planned Unit Development - Tentative Plan - <br />18 General. The city has also adopted an approval track for applications for <br />19 development of needed housing that includes only "clear and objective <br />20 standards," and that is sometimes referred to as the city's "needed housing <br />21 track." See, e.g., EC 9.8325, Planned Unit Development - Tentative Plan <br />Page 8 <br />
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