1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10, <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />CITY OF EUGENE <br />CITYATTORNEY'S <br />CIFFSCE <br />925 E, B" Avenue <br />Eugene, OR 97401 <br />Phone (541) 6132-8447 <br />Fax(641)652-5414 <br />D. Response to Petitioners' First Assignment of Error <br />The City did not err. in concluding the proposed PUD satisfied the <br />minimum net density requirement <br />I. Motion to Strike <br />LUBA's review of the challenged decision is limited to the record. <br />ORS 197.835(2). Petitioners have included in an appendix to the brief <br />numerous documents that appear not to be part of the record, and which <br />Petitioners rely on heavily in the substance of their arguments in their first <br />assignment of error. 13 The City moves to strike those appendices and any <br />argument that relies on them. AP-2; all of AP-3 except copies of Rec. 1484, <br />1488-89; Petitioners' Opening Brief 13-14. <br />2. Net Density Calculation <br />EC 9.8320(11)(a) provides the following approval criterion: "The <br />PUD complies with EC 9.2000 through EC 9.3915 regarding lot dimensions <br />and density requirements for the subject zone." The subject property is <br />zoned R-1, and in the R-1 zone, the maximum allowable density is 14 <br />dwelling units per net acre. Table 9.2750. The method of calculating density <br />is set forth in the code at EC-9.2751(1): <br />"(b) For purposes of this section, `net density' is the number <br />of dwelling units per acre of land in actual residential <br />use and reserved for the exclusive use of the residents in <br />the development, such as common open space or <br />recreation facilities. <br />" AP-2 is similar to maps that do appear in the record, but a notation on the <br />document indicates that it includes changes made by Bryn Thorns on June 9, <br />2014. The first page of AP-3 appears tote a summary of net density <br />calculations that does not appear anywhere in the record. The remainder of <br />AP-3, except for copies of three pages from the record Rec. 1484, 1488, <br />1489), includes drawings and maps that are not part of the record. <br />Page 23 - BRIEF OF RESPONDENT <br />