While staff agrees with the applicant that the unimproved section of West Amazon Drive is right-of- <br />way and meets the definition of a "street" under EC 9.0500, staff expressed concern as part of <br />completeness review that this standard could not be met since the street segment is unimproved and <br />would not allow for motor vehicle use. See Attachment C for a graphical representation of West <br />Amazon Drive and other streets in the vicinity. In response to the initial concerns raised by staff, the <br />applicant stated the following: <br />"Needed housing applications are to be reviewed under clear and objective standards. As <br />discussed in the Written Statement, EC 9.0500 clearly and objectively includes unimproved <br />public rights-of-way within the definition of street. Therefore the entire length of West <br />Amazon Drive from Fox Hollow Road to Martin Street must be included in the analysis of the <br />"19 Lot Rule" (EC 9.8325(6)(c)). <br />At this location, the sum of proposed lots and the existing lots utilizing West Amazon Drive as the <br />single means of ingress and egress exceeds 19 (see Attachment D), and the applicant does not appear <br />to dispute or otherwise challenge that finding of fact. The proposal does not include any new streets <br />within the PUD, and the unimproved segment of West Amazon Drive to the north precludes its use for <br />dispersal of motor vehicle traffic onto more than one public local street. Yet, the applicant does not <br />address the plain meaning of this requirement in consideration of the full text of the standard, except <br />to assert that the unimproved segment "must be included in the analysis of the 19-Lot Rule" based on <br />the definition of a street. Their application materials do not address the fact that motor vehicles <br />cannot actually use this unimproved right-of-way as a means of secondary access, and the reality that <br />there is only one way in or out, where West Amazon Drive connects to Fox Hollow Road. In other <br />words, to satisfy this criterion, the proposal cannot simply rely on a line on a map. As a result, staff <br />concludes that the standard is not met. <br />Serving as additional evidence of non-compliance is the Planning Commission's Final Order for <br />Deerbrook PUD (PDT 12-1), which provides some relevant case history under the Needed Housing <br />criteria that the Hearings Official should consider. The Deerbrook PUD site (Tax Lots 101, 300 and 302 <br />of Assessor's Map 18-03-20-21) is located to the northeast of the subject property along West <br />Amazon Drive and south of Martin Street. Staff notes that the Deerbrook PUD approval has expired, <br />and the City has recently purchased the site for park purposes and protection as a natural area, but <br />the Planning Commission's findings on appeal stated the following regarding the "19-Lot Rule": <br />This standard is really about dead-end streets, where there is only one way in or out. With.the <br />applicant's improvement of West Amazon Drive, the site can be accessed from the north via Martin <br />Street or from the south via Fox Hollow Road. The issue here would have been if West Amazon <br />Drive did not connect to Fox Hollow Road. The Applicant's improvements will complete the missing <br />connecting link in the street system (Page 32, PC Final Order adopted 12-17-2012). <br />This finding was not further challenged on appeal to LUBA by any party, and thus became part of the <br />City's final local approval. Unlike the Deerbrook PUD, the subject proposal does not disperse vehicle <br />traffic onto more than one local public street to provide more than "one way in or out-."-'° <br />Further, and although it is not directly relevant with respect to the applicable standard here, referral <br />comments from Fire Marshal staff (see Attachment E) note that Eugene Fire Code Appendix D, Section <br />Hearings Official Decision (PDT 15-1/ ARA 15-13) 13 <br />