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Message - LUCU Update -- TIME SENSITIVE
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Posted by  David Hinkley on March 30, 2002 at 11:09:45:

Has 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 be came 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


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