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Message - Re: LUCU Update ---- TIME SENSITIVE
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Posted by  Rob Zako on March 30, 2002 at 11:09:40:


P.S. Following is the text of the letter from the City Attorney to the
appellants and interveners in the LUCU appeal. It is difficult to
understand the significance of the LUBA ruling and the City's proposed
response, but my first impression is that it is bad. Over the phone,
Emily Jerome, the city attorney working on the case, told me the proposed
changes to LUCU would "leave the City without certain environmental
protections that were originally in LUCU." To some extent, it appears
that the HOme Builders and Chamber of Commerce have been successful in
"turing back the clock." I think this is a big deal and encouarge people
to learn as much as you can and turn out to the public hearing.

Monday, April 8, 2002, 8:00 p.m.
City Hall Council Chamber
777 Pearl Street

Rob Z.

---------------- Forwarded Letter from City Attorney ----------------

Bill Kloos [representing Home Builders]
Allen L. Johnson [representing Chamber of Commerce]
David G. Hinkley [intervener on behalf of City]
John Kline [intervener on behalf of City]
Donna Meredith Matthews [intervener on behalf of City]
Robert Zako [intervener on behalf of City]

As you know, on February 28, 2002, the [Oregon] Land Use Board of
Appeals {"LUBA") issued a decision remanding the City's adoption of its
new land use code ("LUCU"). Because LUBA's decision was not appealed by
any party, LUCU is back before the City Council for further action in
response to the LUBA decision.

At 8:00 p.m. on Monday, April 8, 2002, the Eugene City Council will
hold a public hearing in the City Hall Council Chamber, located at 777
Pearl Street, to consider the adoption of a series of ordinances which
address issues raised by the LUBA remand of LUCU. Together, the
ordinances will result in the readoption of LUCU with deletions and
changes necessary to comply with LUBA's ruling and the reinstatement of
some provisions from the old (acknowledged) land use code to fill in
regulatory gaps caused by such such deletions. The ordinances to be
considered at the April 8 public hearing are the City's initial response
to the LUBA decision. Additional ordinances will be considered by the
City after necessary staff work has been completed.

Testimony will be accepted from anyone present at the public hearing.
Testimony will be limited to the issues remanded by LUBA and currently
pending before the City Council.

Copies of the ordinances will be available on April 2, 2002, at the
Eugene Permit and Information Center, 99 West 10th Avenue. Please address
any questions or comments regarding this proposal to me or Glenn Klein at
the City Attorney's Office.


Emily N. Jerome
Harrang, Long, Gary, Rudnick, P.C.
City Attorneys

On 3/30/02 3:03 AM, David Hinkley wrote:

>As some of you may be aware the Eugene Chamber of Commerce and the Home
>Builders Association appealed Eugene's Land Use Code Update (LUCU) to the
>Land Use Board of Appeals (LUBA). A couple of weeks ago LUBA issued its
>ruling on LUCU. The findings were mixed. They held with the Appellants on
>some things and with the City on other and remanded LUCU back to the City.
>The City had two choices, appeal the ruling or fix LUCU. The city chose to
>fix it. Pending the adoption of a fixed LUCU the old pre-LUCU Chapter Nine
>became the regulations in effect.
>I have been informed by the City Attorney that they had developed a set of
>revisions that will be considered for adoption by the City Council at
>their April 8th meeting. They also told me that the final version of these
>revisions would be out on April 2nd. Because I was an
>Intervenor-Respondent in the LUBA Appeal I have been provided a Draft copy
>of these revision, all 30 pages of them.
>The bulk of the changes relate to Goal 5 (Natural) Resources and Needed
>Housing. They all have a major impact on what the code will not do in
>those areas. I have been informed by a Council member that the Council as
>been told that the purpose of these revisions is to make the quick fixes
>needed to get LUCU adopted and that more permanent fixes would follow when
>time permits. While this may be the case, it is important to remember that
>these revisions are being adopted by the Council and will be permanent.
>As of yet I have not gotten a response from City Planning Staff to several
>question regard the process that will be followed in this fast track
>adoption. It is not even clear if the Planning Commission will get a
>chance to review and comment on these revisions. I was able to determine
>that Teresa Bishow is Planner in charge of the LUCU project.
>When I have more information I will post it. Given the impact the Land Use
>Code has on our community, I felt it was too important to wait for further
>information. Hence this posting. Please remember while this is all the
>information I have been able to gather, it is not yet a complete picture.
>David G. Hinkley

| Rob Zako |
| 1280-B East 28th Ave., Eugene, OR 97403-1616 |
| (541) 343-5201 (voice) |
| (541) 683-5828 (fax) |


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