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Last modified
1/7/2020 4:00:28 PM
Creation date
1/6/2020 2:30:07 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
Appeal Decision
Document_Date
12/30/2019
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Yes
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WPIanning Commission <br />FINAL ORDER OF THE EUGENE PLANNING COMMISSION <br />ON APPEAL OF THE HEARINGS OFFICIAL'S APPROVAL FOR <br />LOMBARD APARTMENTS WILLAMETTE GREENWAY PERMIT, SITE REVIEW, AND <br />ADJUSTMENT REVIEW (WG 18-3/SR 18-3/ARA 18-8) <br />1. INTRODUCTION <br />On September 6, 2018, the Planning Commission adopted a "Final Order of the Eugene Planning <br />Commission on Appeal of the Hearings Official's Approval for Lombard Apartments Willamette <br />Greenway Permit, Site Review and Adjustment Review (WG 18-3/SR 18-3/ARA 18-8)." The <br />Planning Commission's September 6, 2018, Final Opinion and Order affirmed the Hearings <br />Official's conditional approval of Site Review, Adjustment Review and Willamette Greenway <br />Permit applications to construct 94 apartments in four buildings, as well as a leasing office, <br />maintenance building, and associated site improvements such as parking areas on the subject <br />property, an approximately 3.59-acre, undeveloped site in an area of residential uses located <br />between River Road and the Willamette River. The Planning Commission's decision was <br />appealed to the Oregon Land Use Board of Appeals (LUBA). LUBA affirmed the Planning <br />Commission's decision. LUBA's decision was then appealed to the Oregon Court of Appeals. <br />At the Court of Appeals, the appellants challenged the Planning Commission's net-density <br />calculation for the proposed development, based on Eugene Code (EC) 9.2751, asserting that <br />LUBA erred when it affirmed the inclusion of a leasing office, a maintenance building, and two <br />internal parking circulation areas in the net density calculation. The Court found that LUBA <br />erred with respect to the leasing office-and therefore reversed in part and remanded-but <br />that LUBA did not err with respect to the maintenance building and the parking areas. <br />Consistent with the Court's decision, LUBA remanded the Planning Commission's decision. <br />LUBA's remand requires the Planning Commission to recalculate maximum net density for the <br />development by consistently with the Court of Appeals' decision. <br />II. FINAL ORDER <br />The Eugene Planning Commission has reviewed the record and the issue of net density on <br />which LUBA remanded the City's decision. The Planning Commission makes the following <br />findings and amends the September 6, 2018 Final Order as follows: <br />Revised Final Order: Lombard Apartments (WG 18-3 / SR 18-3 / ARA 18-8) Page 1 <br />
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