(Neighborhood Commercial) district at the time, although Canyon Partners <br />argued that at least some of the uses were similar to uses explicitly permitted in <br />the zone and, therefore, could be allowed per the code's "similar use" <br />provisions.' Other uses Canyon Partners argued were appropriate In the C-1 <br />zone notwithstanding that they were not listed as allowed or conditional uses for <br />that zone. <br />The Summer Oaks/Crescent Center PUD was approved by the Eugene Hearings <br />Official in PDT 01-02 in 2001 '(the 2001 decision). The 2001 decision permitted <br />the creation of the seven lots and Suzanne Drive. The 2001 decision included a <br />condition of approval (Condition 3) that sets out a list of.permissible uses on <br />those lots. The list reflected the uses allowed in the zoning district at the time and <br />other uses that had been determined to be similar to those allowed uses. See <br />PDT 01-01, p. 2 and findings p. 4. The decision anticipated that at least some of <br />the uses on the property would change over time, although it recognized that the <br />applicant could adopt private development restrictions regarding use, if it so <br />chose. <br />The 2001 decision also established a maximum building height for buildings sited <br />on the property, ranging from a maximum building height of 25 feet for a majority <br />of the area comprising the three lots fronting Crescent Drive on the north, to a <br />inaximum building height of 55 feet for structures lying south of those lots. See <br />SheetA 1.3, Triton Partners, Final Plan PUD & Site, Review, approved <br />5/29/2001. - <br />Since the 2001 decision, neighborhood commercial services have been <br />established on the northern lots, including small scale retail, a car wash and a <br />bank. A two-story office building (engineered for an additional two stories) has <br />been developed on Lot 2. Lot 5 is undeveloped, although Arlie & Company plans <br />to develop a four-story office building on the lot. Because of the location of the <br />two southern lots, however, marketing those lots for restaurant uses has proved <br />to be very difficult. As a result, in 2004, 4710 LLC applied for and received <br />4. EC 9.439, notation 1 (2000) "permitted the building official the authority to determine if a <br />proposed use was similar to listed uses and thus allowed within the zone. <br />2 A related site plan application (SP 01-02) was approved by the planning director, For purposes <br />of this appeal, the pertinent decision is the hearings official's decision. <br />Decision of the Eugene Hearings Official Page 2 of 9 <br />Summer Oaks/Cres.cent Center PUD (MDA 05-02)(10/14/05) <br />971 <br />