State petitioned for enforcement order to force City to obey State
land use planning laws.
land use planning laws.
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Jefferson Westside Neighbors
Over 250 JWN lots improperly zoned to allow high-density housing redevelopment
The following letter was sent to the City Council on November 5, 2011:
Dear Mayor and City Councilors,
After six months of futile attempts to have the City address substantial noncompliant R-3
Limited High Density zoning in two areas that are designated "Medium Density
Residential" (MDR) in both the Metro Plan and the Westside Neighborhood Plan, the
Jefferson Westside Neighbors (JWN) Executive Board directed me to begin proceedings
to seek an enforcement order from the Oregon Land Conservation and Development
Commission (LCDC).
On Friday, November 4, the City Manager was sent the attached formal request for
compliance and has sixty days to respond.
I've attached a complete "guide" to this issue, which explains the City's noncompliance.
Prior to proceeding, I sought the opinions of three local land use attorneys, the local area
Department of Land Conservation District (DLCD) representative and a member of the
Lane Council of Governments staff. There was complete agreement that the R-3 zone is
inconsistent with the MDR designation. The Deputy City Attorney subsequently
acknowledged this fact, as well.
On May 31, 2011, I advised the Acting Planning and Development Department (PDD)
Director of this issue and asked that staff confirm the inconsistent zoning and take prompt
action to correct the zoning.
I also advised the Acting PDD Director of a recent building permit approval that allowed
high-density development on one of the MDR lots, in violation of State land use statutes.
Since that time, despite repeated requests and two meetings, the Planning Division staff
have taken no action and have not indicated any intent to correct the problem.
I also accepted an invitation from the local DLCD representative to try to mediate an
agreement with the City; however, nothing came out of that either.
As a last attempt by the JWN board to resolve this issue collaboratively, on October 20, at
the JWN board's direction, I notified the Acting PDD Director that the JWN would initiate a
petition for an LCDC enforcement order unless the City made a credible commitment to
rectify the noncompliance. At my request, the Acting PDD Director and the Deputy City
Attorney met with me to try to resolve the issue without requiring an LCDC enforcement
order. Despite a cordial meeting that satisfactorily addressed some other pending issues,
no action or commitment with respect to the noncomplicant zoning was forthcoming.
The JWN is seeking nothing more than that the City "play by the rules." It's highly ironic that
while Planning staff waves the lofty "pillars" of Envision Eugene as the way they will lead
us past Eugene's history of conflicts over development, staff appear uninterested in
ensuring that Eugene's adopted comprehensive plan is followed.
I would be happy to provide further information to the Mayor or councilors, if you wish.
Respectfully,
Paul Conte, Chair
Jefferson Westside Neighbors
2010 Eugene Neighborhood of the Year
2011 National Neighborhood of the Year Finalist
The following letter was sent to the City Council on November 5, 2011:
Dear Mayor and City Councilors,
After six months of futile attempts to have the City address substantial noncompliant R-3
Limited High Density zoning in two areas that are designated "Medium Density
Residential" (MDR) in both the Metro Plan and the Westside Neighborhood Plan, the
Jefferson Westside Neighbors (JWN) Executive Board directed me to begin proceedings
to seek an enforcement order from the Oregon Land Conservation and Development
Commission (LCDC).
On Friday, November 4, the City Manager was sent the attached formal request for
compliance and has sixty days to respond.
I've attached a complete "guide" to this issue, which explains the City's noncompliance.
Prior to proceeding, I sought the opinions of three local land use attorneys, the local area
Department of Land Conservation District (DLCD) representative and a member of the
Lane Council of Governments staff. There was complete agreement that the R-3 zone is
inconsistent with the MDR designation. The Deputy City Attorney subsequently
acknowledged this fact, as well.
On May 31, 2011, I advised the Acting Planning and Development Department (PDD)
Director of this issue and asked that staff confirm the inconsistent zoning and take prompt
action to correct the zoning.
I also advised the Acting PDD Director of a recent building permit approval that allowed
high-density development on one of the MDR lots, in violation of State land use statutes.
Since that time, despite repeated requests and two meetings, the Planning Division staff
have taken no action and have not indicated any intent to correct the problem.
I also accepted an invitation from the local DLCD representative to try to mediate an
agreement with the City; however, nothing came out of that either.
As a last attempt by the JWN board to resolve this issue collaboratively, on October 20, at
the JWN board's direction, I notified the Acting PDD Director that the JWN would initiate a
petition for an LCDC enforcement order unless the City made a credible commitment to
rectify the noncompliance. At my request, the Acting PDD Director and the Deputy City
Attorney met with me to try to resolve the issue without requiring an LCDC enforcement
order. Despite a cordial meeting that satisfactorily addressed some other pending issues,
no action or commitment with respect to the noncomplicant zoning was forthcoming.
The JWN is seeking nothing more than that the City "play by the rules." It's highly ironic that
while Planning staff waves the lofty "pillars" of Envision Eugene as the way they will lead
us past Eugene's history of conflicts over development, staff appear uninterested in
ensuring that Eugene's adopted comprehensive plan is followed.
I would be happy to provide further information to the Mayor or councilors, if you wish.
Respectfully,
Paul Conte, Chair
Jefferson Westside Neighbors
2010 Eugene Neighborhood of the Year
2011 National Neighborhood of the Year Finalist
In response to the JWN filing legal notice on November 4, 2011 (see below) to the City that
over 250 lots are improperly zoned R-3 to allow high-density development in an area that is
clearly restricted to medium-density development by the Eugene-Springfield Metro Plan
and the Westside Neighborhood Plan, the City Manager sent a letter continuing the City's
stonewalling on the JWN's concerns, while misrepresenting the issues and making a
thinly-veiled threat that the density might be quadrupled in the affected area if the JWN
continues to press the City to comply with local planning policies, as required by State law.
Click to read City Manager's letter.
In his letter, City Manager Jon Ruiz makes the absurd claim that addressing this extensive
noncompliance in the JWN would mean "one neighborhood taking priority over all others."
He also makes the patently false claim that addressing JWN concerns would require the
"City to place the Envision Eugene work on hold ."
The truth is that since May 2011, the JWN has been patiently trying to work out an
incremental, phased approach to bring the zoning into compliance, but the City has
stonewalled all efforts. (See the November 5, 2011 letter to City Council, below.) Now the
City Manager is trying to mislead the City Council and public about the staff's lack of
cooperation and wrongfully attribute blame to the JWN for making unrealistic demands.
Continuing his irresponsible circumvention of the City's legal responsibilities, the City
Manager claims: "Taking action to address JWN's concerns outside of the Envision
Eugene process would result in, at least, inefficiency and redundancy of work or, worse,
the City Council acting on cross purposes."
The simple truth is that: a) There are no current plans within Envision Eugene to correct
this extensive non-compliance, b) the City Manager is flouting State planning statutes and
court decisions that require compliance, and c) there are several simple and
straightforward actions City Council could take to become compliant. But that would
require staff cooperation, not obstructionism and defense of the non-compliant zoning.
The City Manager's misleading statements and shirking of his duties aren't the end of the
story. The letter contains a thinly-veiled attempt at intimidation, warning that "the City
Council could alternatively change the plan designation of the parcels to [high density] to
correlate with the parcels' [R-3] zone." (The text of the letter uses incorrect terminology, but
the meaning is clear.) Changing the designation of this large JWN area to high-density
would allow four times the density allowed by the current, medium-density designation.
The City Manager knows full well that City Council would never consider such a radical a
change without the City Manager and staff making a recommendation to that effect. Thus,
there's no mistaking that the City Manager's message is meant as a warning to the JWN:
"Watch out how you push staff on this issue or you may be sorry."
The City Manager seems undeterred by the fact that the medium density designation was
the result of an extensive public process to develop the planning policies in the Westside
Neighborhood Plan that were unanimously adopted by the City Council.
The City Manager also betrays the supposed commitment that he and staff included in the
Draft Envision Eugene Report, i.e., "Densities will not be increased in neighborhoods
above those allowed by existing regulations, or undertake new strategies that impact
neighborhoods unless they are in accordance with the goals and recommendations of the
Infill Compatibility Standards and Opportunity Siting Task Teams."
The existing regulation that governs this area is the medium-density designation in the
Metro Plan and Westside Neighborhood Plan.
The JWN Executive Board will take up this matter at it's meeting on January 17, 2012. The
JWN Chair has recommended that the board approve taking the next step in the State's
enforcement process and file a petition for enforcement with the State Department of Land
Conservation and Development,
If you would like more information or to share comments with the board,
please contact the JWN Chair.
over 250 lots are improperly zoned R-3 to allow high-density development in an area that is
clearly restricted to medium-density development by the Eugene-Springfield Metro Plan
and the Westside Neighborhood Plan, the City Manager sent a letter continuing the City's
stonewalling on the JWN's concerns, while misrepresenting the issues and making a
thinly-veiled threat that the density might be quadrupled in the affected area if the JWN
continues to press the City to comply with local planning policies, as required by State law.
Click to read City Manager's letter.
In his letter, City Manager Jon Ruiz makes the absurd claim that addressing this extensive
noncompliance in the JWN would mean "one neighborhood taking priority over all others."
He also makes the patently false claim that addressing JWN concerns would require the
"City to place the Envision Eugene work on hold ."
The truth is that since May 2011, the JWN has been patiently trying to work out an
incremental, phased approach to bring the zoning into compliance, but the City has
stonewalled all efforts. (See the November 5, 2011 letter to City Council, below.) Now the
City Manager is trying to mislead the City Council and public about the staff's lack of
cooperation and wrongfully attribute blame to the JWN for making unrealistic demands.
Continuing his irresponsible circumvention of the City's legal responsibilities, the City
Manager claims: "Taking action to address JWN's concerns outside of the Envision
Eugene process would result in, at least, inefficiency and redundancy of work or, worse,
the City Council acting on cross purposes."
The simple truth is that: a) There are no current plans within Envision Eugene to correct
this extensive non-compliance, b) the City Manager is flouting State planning statutes and
court decisions that require compliance, and c) there are several simple and
straightforward actions City Council could take to become compliant. But that would
require staff cooperation, not obstructionism and defense of the non-compliant zoning.
The City Manager's misleading statements and shirking of his duties aren't the end of the
story. The letter contains a thinly-veiled attempt at intimidation, warning that "the City
Council could alternatively change the plan designation of the parcels to [high density] to
correlate with the parcels' [R-3] zone." (The text of the letter uses incorrect terminology, but
the meaning is clear.) Changing the designation of this large JWN area to high-density
would allow four times the density allowed by the current, medium-density designation.
The City Manager knows full well that City Council would never consider such a radical a
change without the City Manager and staff making a recommendation to that effect. Thus,
there's no mistaking that the City Manager's message is meant as a warning to the JWN:
"Watch out how you push staff on this issue or you may be sorry."
The City Manager seems undeterred by the fact that the medium density designation was
the result of an extensive public process to develop the planning policies in the Westside
Neighborhood Plan that were unanimously adopted by the City Council.
The City Manager also betrays the supposed commitment that he and staff included in the
Draft Envision Eugene Report, i.e., "Densities will not be increased in neighborhoods
above those allowed by existing regulations, or undertake new strategies that impact
neighborhoods unless they are in accordance with the goals and recommendations of the
Infill Compatibility Standards and Opportunity Siting Task Teams."
The existing regulation that governs this area is the medium-density designation in the
Metro Plan and Westside Neighborhood Plan.
The JWN Executive Board will take up this matter at it's meeting on January 17, 2012. The
JWN Chair has recommended that the board approve taking the next step in the State's
enforcement process and file a petition for enforcement with the State Department of Land
Conservation and Development,
If you would like more information or to share comments with the board,
please contact the JWN Chair.
City Manager misrepresents issue and makes veiled threats to
allow non-compliant R-3 zoning to remain in JWN.
allow non-compliant R-3 zoning to remain in JWN.
The JWN Executive Board voted unanimously to file a petition with the State Land
Conservation and Development Commission (LSDC) after the City Manager refused to
take action to bring the City into compliance with local Metro Plan policies and State land
use law. (See previous article below.)
Read the letter to LCDC and the accompanying documents detailing the City's
non-compliance.
The next step is expected to be an LCDC public hearing on the petition.
Conservation and Development Commission (LSDC) after the City Manager refused to
take action to bring the City into compliance with local Metro Plan policies and State land
use law. (See previous article below.)
Read the letter to LCDC and the accompanying documents detailing the City's
non-compliance.
The next step is expected to be an LCDC public hearing on the petition.