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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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permitted use. Even if it did, the proposal locates the development as far away from the river as <br />possible. I do not see that merely because the proposed development uses the full 35-foot height <br />maximum allowed under R-2 zoning that it somehow renders the proposal incompatible with the <br />natural, scenic, and environmental qualities of the greenway. <br /> LandWatch Lane County also argues that there are numerous other Metro Plan policies <br />that the proposal does not comply with. Those alleged applicable policies involve Goal 3 <br />Agricultural policies and Goal 5 Open Space policies. I do not see that those policies have any <br />particular relevance to the proposed development. Even if they did, however, they would still not <br />be applicable approval criteria because EC 9.8815(3) specifically requires conformance with <br />“applicableWillamette Greenway policies as set forth in the Metro Plan.” (Emphasis added.) The <br />Willamette Greenway policies are specifically provided in section III D of the Metro Plan. There <br />are eleven specific policies listed in this section – of which Policy D 5 is one. The Metro Plan <br />policies cited by LandWatch Lane County are not found under section III D and are not Willamette <br />Greenway policies. Therefore, they are irrelevant for purposes of this decision. EC 9.8815(3) is <br />satisfied. <br /> All of the Willamette Greenway approval criteria are satisfied. <br />2.Whether the Willamette Greenway Approval Criteria Apply <br />Although the applicant submitted an application for a Willamette Greenway permit, the <br />applicant also argues that under the recently enacted state needed housing statutes that the City <br />may not apply the Willamette Greenway approval criteria because they are not clear and objective <br />3 <br />approval standards. <br /> The proposed development is needed housing, and the applicant proceeded under the clear <br />and objective site review approval criteria of EC 9.8445 rather than the general site review <br />approval criteria (which are not clear and objective) of EC 9.8440. State statutes regarding housing <br />and needed housing require a local government to provide clear and objective standards for such <br />housing. ORS 197.307 provides, in pertinent part: <br />“(4) Except as provided in subsection (6) of this section, a local government <br />may adopt and apply only clear and objective standards, conditions and <br />procedures regulating the development of housing, including needed <br />housing. The standards, conditions and procedures: <br />3 <br />The Home Builders Association of Lane County also makes this argument. <br />Hearings Official Decision (WG 18-3/SR 18-3/ARA 18-8) 8 <br /> <br />
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