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LUBA Affirm
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Last modified
12/27/2019 4:02:23 PM
Creation date
12/26/2019 2:46:45 PM
Metadata
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
LUBA Decision
Document_Date
3/6/2019
External View
Yes
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I Plan Willamette River Greenway, River Corridors, and Waterways Element, <br />2 Section III-D, Policy D.5 provides: "New development that locates along river <br />3 corridors and waterways shall be limited to uses that are compatible with the <br />4 natural, scenic, and environmental qualities of those water features." (Emphasis <br />5 added.) <br />6 Petitioners argue that the city misconstrued EC 9.8815(3), made <br />7 inadequate findings, and made findings not based on substantial evidence. <br />8 Petitioners argue that Lombard did not provide evidence demonstrating <br />9 compatibility, and that the proposed 35-foot buildings are incompatible with the <br />10 natural, scenic, and environmental qualities of the river. <br />11 The city reasoned that Policy D.5 regulates "uses" that are allowed within <br />12 the corridor and that, in zoning the subject property for residential use (R-2), the <br />13 city determined that multi-family residential use, and 35-foot building height <br />14 maximums allowed in the R-2 zone, are compatible with Greenway standards. <br />15 We agree with the city on that point. Policy D.5 limits "new development" along <br />16 the river to "uses" that are compatible with river corridors and waterways. In <br />17 zoning the property R-2, the city determined that the residential uses allowed in <br />18 the R-2 zone are compatible with the river corridor. The city did not err in finding <br />19 that EC 9.8815(3) is satisfied. <br />20 This subassignment of error is denied. <br />21 The second assignment of error is denied. <br />Page 19 <br />
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