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Testimony Batch 2
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Testimony Batch 2
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Last modified
11/8/2024 8:15:21 AM
Creation date
11/8/2024 8:14:28 AM
Metadata
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Template:
PDD_Planning_Development
File Type
CA
File Year
24
File Sequence Number
3
Application Name
Stormwater Code Amendments
Document Type
Public Testimony
Document_Date
11/7/2024
External View
Yes
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2 <br />City of Eugene Public Works <br />541-682-8460 office <br /> <br />From: Dane Butler <dane@butlerhomes.net> <br />Sent: Wednesday, October 23, 2024 4:36 AM <br />To: WALCH Therese <TWalch@eugene-or.gov>; Eric Favereau 2206 Country Haven <favreaueng@gmail.com>; SINGER <br />Doug K <DSinger@eugene-or.gov>; Admin <admin@wobuildersassoc.com>; GEPPER Jeffrey A <jgepper@eugene- <br />or.gov> <br />Subject: Stormwater - Crescent Village Docs <br /> <br />[EXTERNAL ❚❛❜] <br />Hey Everyone. <br />Sorry for the early emails but once my mind starts going I might as well get going. I am sending over some <br />information for review for our Thursday meeting. Again we will discuss mostly technical items during this <br />meeting and am working on some other things offline. Jeff I circled you back in because you have already <br />received comments from Teresa Bishow and will probably receive some additional comments from Mike <br />Reeder who I have been bringing up to speed. I have left them off because I want this to still feel like the <br />original group can take us to the end but will keep them in the loop as I know they would want and require <br />from me. <br /> <br />Therese our phone call last week was productive. I can see in Section 4 where we are trying to show <br />protections for previous approved subdivisions that received approvals in various times throughout the <br />Stormwater manuals evolution. I think we will get there. <br /> <br />The information I am including is to show the Vested Rights that these other PUD’s have that predate <br />stormwater adoption. Before the original adoption of the original Stormwater Standards we had already <br />addressed this issue with the City. In those meetings with, Glenn Klein, Kurt Corey, Bill Kloos, Teresa <br />Bishow, Ed McMahon and myself, we explained to the city that these planning documents and approvals <br />are vested rights held by both parties. That in essence these documents are the legal binding agreements <br />between the city and a property owner. If the city is allowed to just change their approvals at any given <br />time then these approvals and planning documents could never be trusted and are worthless. At the <br />conclusion of these meeting all parties involved agreed that these PUD's and various other properties <br />had vested rights to proceed within their approvals. <br /> <br />Therese that is what our discussion last week was mostly on. Over the last 15 or so years this is how the <br />city and property owners have been operating. I want to stress that these are vested rights that we have <br />established many times and they are not “Exemptions”. I spoke with Therese that even given the cloudy <br />verbiage of the existing ordinance that this City and its approvals have been 100% consistent to this fact. <br />I haven’t ran into a single project that wasn’t protected by our vested rights. Example is all 26 or so of the <br />houses we built in Crescent Village followed their approvals in their planning decisions. There isn’t a <br />single project within the City of Eugene or the City of Springfield that I have completed since stormwater <br />adoption that doesn’t fall in line with this. <br /> <br />If I was submitting a building permit today on the two last lots in Crescent Village I would show staff the <br />Planning Decision below and we would be allowed to proceed as approved given again on our vested <br />rights in these approvals. <br /> <br />
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