In Walter v. City of Eugene, (LUBA No. 2106-024, June 30, 2016), the applicant appealed the City’s planning commission decision to deny an application for a planned development of a ten-lot subdivision with an additional lot left as open space. Land surrounding the subject site had been purchased by the City in 2014 to maintain as a natural area and part of a trail system, which would prevent the developer from extending a local road to the subdivision. Instead, the development relies on a proposed shared driveway. A hearings officer reviewed the proposal and denied the application under the local planned unit development (PUD) code that requires the street layout of the PUD to disperse motor vehicle traffic onto more than one public local street. The planning commission affirmed the hearings officer’s decision.
Every year or so LUBA issues a decision reminding local governments of their obligations under state law to apply only “clear and objective” approval criteria to applications for “needed housing.” Although local governments may use a dual-path review system that includes a discretionary track, (often containing incentives to encourage developers to pursue this course), a local government must under state law have a clear and objective path in which the local procedures and standards “may not have the effect…of discouraging needed housing through unreasonable cost or delay.” Group B, LLC v. City of Corvallis decided this fall is such a case.
We regularly update clients about changes in real estate law and on industry trends. This includes briefing clients on legislative proposals in the federal tax, housing and other legal areas affecting their businesses. Staying current enables you to anticipate and prevent legal problems as well as capitalize on new developments.