DECISION OF THE HEARINGS OFFICIAL <br />FOR THE CITY OF EUGENE, OREGON <br />Appeal of a Planning Director Decision Approving a Modification to <br />a Planned Unit Development to Permit Construction of a <br />3-story Office Building <br />Subject Property/Location: The subject property includes approximately one <br />acre and is known as Lot 4 of the Summer Oaks/Crescent Center Planned Unit <br />Development (Summer Oaks/Crescent Center PUD). The approximately 10-acre <br />PUD is bounded on the north by Crescent Avenue (a minor arterial). Chad Drive, <br />a major arterial, is located approximately 300 feet south of the southern <br />boundary. Suzanne Way, a private street, bisects the PUD. The subject property <br />is on the southeastern portion of the PUD, and is accessed via Suzanne Way. <br />The property is also referred-to as Assessor's Map No. 17-03-16-32, tax lot 1200. <br />Appeal: Ariie & Company and 4710 LLC, adjacent property owners, appeal the <br />planning director's decision, which approved the subject application with <br />conditions. <br />Relevant Dates: The application was filed on February 28, 2005 -and deemed <br />complete for purposes of ORS 227.178(1) on May 11, 2005. Modifications to the <br />applications were submitted on June 28, 2005. The planning director's decision <br />was issued on July 21, 2005, and timely appealed on August 2, 2005. The <br />appeal hearing was held on September 20, 2005. The decision is issued October <br />14, 2005. <br />DECISION: The planning director's decision is reversed. <br />The Hearings Official's decision is based on the following findings of fact and <br />conclusions of law: <br />A. Background Information: <br />In late 2000,. Canyon Partners LLC (Canyon Partners) submitted an application <br />for PUD and site plan approval for a mixed-use commercial development on the <br />subject property. As proposed, the property Was to be subdivided into seven lots. <br />Drawings submitted by Canyon Partners depicted development on the property <br />to be primarily small scale retail on the northern three lots (Lots 1, 6 and 7) which <br />border Crescent Drive, four-story office buildings on the middle two lots (Lots 2 <br />and 5), and restaurant uses on the southern two lots (Lots 3and 4). The subject <br />property (Lot 4) was planned. for a 6,000 square foot restaurant and bar. In <br />addition, Canyon Partners requested that the Hearings Official approve a range <br />of uses that could be developed within the PUD without modification to the <br />approval should the uses included in the tentative plan not prove to be <br />commercially viable. Some of those uses were not explicitly permitted in the C-1 <br />Decision of the Eugene Hearings Official Page 1 of 9 <br />Summer Oaks/Crescent Center PUD (MDA 05-02)(10/14/05) <br />.970 <br />