The Oregon Court of Appeals has ordered a partial Reverse & Remand of the proposed Lombard Apartments! The ruling states, “In sum, we conclude that LUBA’s order is unlawful in substance in that it misconstrues EC 9.2751…Reversed in part and remanded.” (To read more about the 15-page ruling, click on this link.)
The ruling will effectively reduce the net density of the apartments and cause delays in the sale of this precious land, located entirely in the Willamette River Greenway. The ruling provides a timely opportunity to revisit the development proposal and potentially the sale itself. We remain watchful as the Planning Department determines how far back into the land use process the remand will go. Many kudos to our talented legal team and gratitude to the multitudes of Greenway Guardian supporters – together we do make a difference!
Let’s keep the momentum going! Take a moment to copy-and-paste the email below, or draft one in your own words, and send it to Planning Director Robin Hostick, Eugene Mayor Lucy Vinnis and other city officials, at the following email addresses: • robin.a.hostick@ci.eugene.or.us • mayorcouncilandcitymanager@ci.eugene.or.us
Dear Mr. Hostick, Mayor Vinis, City Councilors, & City Manager,
The Oregon Court of Appeals (Hulme, et al, vs. City of Eugene) recently issued their ruling on the Lombard Apartment proposal by out-of-state developer Evergreen Housing Development Group. The ruling was a partial reversal and remand of the proposed project for market-rate apartments. Specifically, the ruling directly impacts the net density calculation, thus reducing the number of units allowable. It is unknown at this time to what extent redesign will be necessary to comply with the ruling. However, it is clear that time and costs will be increased for Evergreen.
In light of this ruling, I am writing to all of you to support and advocate for the idea of an Alternate Dispute Resolution (ADR), which has proven to be successful in other communities, as conditions have changed. Previously, Homes for Good legal counsel did not see an ADR as a viable option due to a lack of motivation for Evergreen to negotiate or participate in mediation with the goal of terminating the current Purchase & Sale Agreement. The Court of Appeals ruling may now supply that motivation for Evergreen.
Thank you for considering this request – working together, we still have an opportunity for a public process to occur for this public land focusing on affordable housing, Greenway protection, and local labor, as well as for Homes for Good to realize its goal of selling this precious land.