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 />J6 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />CITY OF EUGENE 6 <br />CtTYATTORNEY'S <br />OFFICE <br />125 E. 8" Avenue <br />Eugene, OR 97401 <br />Phone (541) 682.8447 <br />Fax (541) 682-5414 <br />would benefit the residents of the PUD, as the water coursing through the <br />pipes within the easement would serve the residents of the PUD. <br />Accordingly, under EC 9.8310(4)(a), those easements were counted toward <br />the total residential acreage. Staff treated the 1954 20-foot wide sewer line <br />easement along the eastern boundary of the property differently. That <br />easement contains a 72" trunk line and does not specifically benefit the PUD <br />residents. Rec. 1267. Accordingly, staff excluded that easement from its net <br />density calculation, The Hearings Official, however, did not mention EC <br />9.8310(4)(a) (other than through his incorporation of staff findings), and did <br />not make the same distinction between easements that.benefztted the PUD <br />residents and those that did not. That said, any differences between the staff <br />"(4) Density. Dwelling unit densities for PUDs shall be consistent <br />with Table 9.2750 Residential Zone Development Standards. The <br />calculation of the number of dwelling units allowed shall be <br />determined based on the following: <br />"(a) Easement Calculations. If it is demonstrated that <br />easements will benefit residents of the proposed PUD, <br />residential density calculations may include areas in <br />easements, with the exception of private streets or <br />ingress/egress easements. <br />"(b) Dedications. If it is demonstrated that lands dedicated <br />to the city will benefit residents of the proposed PUD, <br />residential density calculations may include areas <br />dedicated to the public for recreation or open space. <br />"(c) Cumulative Density. When final plans are to be <br />approved in phases, at no time shall the cumulative <br />residential density exceed the overall density per acre <br />established at the time of tentative plan approval." <br />Page 28 - BRIEF OF RESPONDENT <br />