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Hearings Official Decision
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Last modified
8/8/2018 2:30:53 PM
Creation date
8/8/2018 2:30:49 PM
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Hearings Official Decision
Document_Date
8/7/2018
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Yes
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Community Organization (RRCO) – submitted an e-mail stating that Hulme was not authorized to <br />speak for the RRCO and that the RRCO did not have any position on the merits of the application. <br />Belcher asks that Hulme’s e-mail be stricken from the record or that his email be included in the <br />record. Hulme’s e-mail raises the issue of the applicability of the Willamette Greenway provisions <br />and the proposal’s density calculations. Those issues are raised (and in greater detail) by numerous <br />other parties, so I have to address those issues. I do not see that whether Hulme is speaking for the <br />RRCO or not would affect my decision, but I appreciate the clarification from the RRCO and it is <br />duly noted that Hulme does not speak for the RRCO. The e-mail from Belcher should be included <br />in the record to clarify this point. <br />B.Willamette Greenway <br />1.Willamette Greenway Approval Criteria <br />The property is located within the Willamette River Greenway. Therefore, under the Eugene <br />Code (EC), the application is required to comply with the Willamette Greenway provisions of EC <br />1 <br />9.8815. The staff report explains how the application meets all of the approval criteria. There are <br />numerous approval criteria, and opponents do not challenge most of the findings in the staff report. <br />Therefore, I adopt and incorporate the findings in the staff report in this decision, except as <br />2 <br />discussed further. <br /> EC 9.8815 provides: <br />“Willamette Greenway Permit Approval Criteria and Standards. Willamette <br />Greenway permit approval may be granted only if the proposal conforms to all <br />the criteria in subsections (1) through (4), and the applicable standards of <br />subsection (5) as follows: <br />“(1) To the greatest possible degree, the intensification, change of use, <br />or development will provide the maximum possible landscaped <br />area, open space, or vegetation between the activity and the river. <br />“(2) To the greatest possible degree, necessary and adequate public <br />access will be provided along the Willamette River by appropriate <br />legal means. <br />1 <br />As discussed later, the applicant argues that the provisions of EC 9.8815 are not applicable to the application due to <br />recently enacted housing statutes. <br />2 <br />This includes the clarifications to the staff report as explained in staff’s July 8, 2018 Memorandum. <br />Hearings Official Decision (WG 18-3/SR 18-3/ARA 18-8) 3 <br /> <br />
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