by Dennis Hebert, SEN Board
Tom Walter and the Walter Development Co. vs. City of Eugene
LUBA No. 2016-024
The Land Use Application to develop affordable housing (Cathedral Park) on 15.8 acres on the outer rim of the 72 acres on the southern portion of Rest Haven property, is approved.
However, the Oregon Land Use Board of Appeals upheld the City’s decision that the applicant may not revert to 2002 code for approval of development permits (i.e. the Goal Post Rule). They must adhere to current standards.
As part of the same appeal decision, Braeburn Creek may not be piped to a developed reservoir to irrigate the cemetery. But, this issue is being remanded back to the City. (The flow of water from Braeburn Creek directly affects Amazon Creek. It is part of the western drainage that converges at Fox Hollow and West Amazon St. that flows all year round and is needed).
Walter Development Co. has two courses in response:
- Appeal LUBA’s decision to the Oregon Court of Appeals;
- Do nothing.