<br /> <br />Crow Road Subdivision – City of Eugene <br />Type II Tentative Subdivision <br />June 2026 <br />Page 3 <br /> <br />In addition, this application involves a “limited land use decision” as that term is defined in ORS <br />197.015(12). The significance of this statutory provision is also discussed below. <br />Oregon Courts and the Land Use Board of Appeals (LUBA) have generally held that an approval standard <br />is not clear and objective if it imposes on an applicant “subjective, value-laden analyses that are designed <br />to balance or mitigate impacts of the development” (Rogue Valley Association of Realtors v. City of <br />Ashland, 35 OR LUBA 139, 158 [1998] aff’d, 158 OR App 1 [1999]). ORS 197.831 places the burden on local <br />governments to demonstrate that the standards and conditions placed on housing applications can be <br />imposed only in a clear and objective manner. While this application addresses all standards and <br />conditions, the Applicant reserves the right to object to the enforcement of standards or conditions that <br />are not clear and objective and does not waive its right to assert that the housing statutes apply to this <br />application. [The exceptions in ORS 197A.400(2) do not apply to this application]. <br />ORS 197.195(1) describes how certain standards can be applied as part of a limited land use application. <br />The applicable land use regulations for this application are found in the City of Eugene Land Use Code <br />(EC). Pursuant to ORS 197.195(1), comprehensive plan provisions (as well as goals, policies, etc. from <br />within the adopted elements of the comprehensive plan) may not be used as a basis for a decision or an <br />appeal of a decision unless they are specifically incorporated into the land use regulations. While this <br />application may respond to comprehensive plan and/or related documents, such a response does not <br />imply or concede that said provisions are applicable approval criteria. Similarly, the applicant does not <br />waive its right to object to the attempted implementation of these provisions unless they are specifically <br />listed in the applicable land use regulations, as is required by ORS 197.195(1). <br />Pursuant to ORS 197.522, if this application is found to be inconsistent with the applicable land use <br />regulations, the applicant may offer an amendment or propose conditions of approval to make the <br />application consistent with applicable regulations. In fact, the local government is obligated to consider <br />and impose any conditions of approval proposed by the applicant if such conditions would allow the local <br />government to approve an application that would not otherwise meet applicable approval criteria. <br />CITY OF EUGENE LAND USE CODE <br />Chapter 9 – Land Use <br />Base Zones <br />9.2740 Residential Zone Land Use and Permit Requirements. <br />The following Table 9.2740 Residential Zone Land Use and Permit Requirements <br />identifies those uses in the residential zones that are: <br />(P) Permitted. <br />(SR) Permitted, subject to an approved site review plan or an approved final <br />planned unit development. <br />(C) Subject to an approved conditional use permit or an approved final planned <br />unit development. <br />(PUD) Permitted, subject to an approved final planned unit development. <br />(S) Permitted, subject to the Special Development Standards for Certain Uses <br />beginning at EC 9.5000. <br />() The numbers in ( ) in the table are uses that have special use limitations that <br />are described in EC 9.2741 Special Use Limitations for Table 9.2740.