Final Order for Chamotee Trails PUD (PDT 15-1)

To: Eugene Planning Commission
From: Erik Berg-Johansen, Associate Planner
Subject: Chamotee Trails PUD (City File PDT 15-1)

To take action on the Land Use Board of Appeal’s (LUBA) reversal of the Planning Commission’s denial of the Chamotee Trails tentative planned unit development (PUD) application (PDT 15-1).

Extensive background information on this proposal and the previous Hearings Official and Planning Commission decisions are included in the full record. Staff has also included LUBA’s Final Opinion & Order as Attachment A to the Planning Commission Final Order (Attachment 1). To summarize, on appeal, the Planning Commission decided to uphold the Hearings Official’s decision to deny the needed housing PUD application. Discussion during the Planning Commission’s deliberations was focused on the “19-lot rule” (EC 9.8325(6)(c)), and also EC9.8325(3) which requires implementation of a landscape buffer. Through these deliberations the Planning Commission found that the Hearings Official correctly applied the “19-lot rule,” and that based on a full reading of the criterion, it is a “clear and objective” standard. State law requires that the city apply only clear and objective standards to applications for needed housing.

LUBA disagreed with the Planning Commission, finding that that the “19-lot rule” is not clear and objective and therefore cannot be applied to the subject needed housing application. Since this standard was the Planning Commission’s only basis for denial, LUBA reversed the decision and ordered the City to approve the subject application.

Staff has prepared a Final Order for consideration and final action, which is included as Attachment 1. Staff requests that the Planning Commission review the Final Order and prepare to take action at the January 23, 2017 meeting. Staff will be prepared to answer any questions the Planning Commission may have regarding LUBA’s decision.

Read More: