4 APP-2 <br />Planning Commission <br />FINAL ORDER OF THE EUGENE PLANNING COMMISSION <br />ON APPEAL OF DEERBROOK PUD. (PDT 12-1) <br />1. INTRODUCTION <br />This Final Order concerns a cross-appeal of the decision by the Eugene Hearings Official (HO) to deny <br />the request for tentative approval of Deerbrook PUD (PDT 12-1). The application requests approval for <br />the development of 75 single-family residential lots on the approximately 26-acre subject property <br />which is located in the south hills of Eugene, adjacent to West Amazon Drive and south of Martin <br />Street. The property is zoned R-1/PD/WR (Low-Density Residential with Planned Unit Development <br />and Water Resource Overlays). The application seeks approval under the Needed Housing approval <br />criteria rather than the General criteria, as provided in Eugene Code (EC) section 9.8325. <br />Upon an initial staff recommendation for denial of the 75-lot proposal (as reflected in the June 2012 <br />staff report), the applicant postponed the public hearing and submitted plans showing a 47-lot plan <br />that included development of only the western portion of the subject property. As described in the <br />HO's decision and clarified by City staff, the 47-lot plan as referred to in the record below, is best <br />described and understood as the applicant's illustration of how the possible conditions of approval <br />suggested in the initial staff report could be met (that is, in the event that the HO granted approval <br />rather than denial as initially recommended by staff). Most importantly, the applicant's illustrative plan <br />removes all proposed development from the eastern portion of the site, in a manner that is necessary <br />to show compliance with the Needed Housing approval criteria at EC 9.8325(5) related to the <br />prohibition of grading on portions of the site that meet or exceed 20% slope, as well as other <br />applicable criteria. <br />After a second public notice, following the applicant's postponement and submittal of the 47-lot <br />illustrative plan, the HO held a public hearing on August 1, 2012. At that time, the staff report was <br />revised to recommend conditional approval based largely on the changes shown on the applicant's 47- <br />lot illustrative plan. However, after receiving further testimony and evidence during the public hearing <br />and open record period, the HO issued a decision denying the application on September 21, 2012. <br />On October 3, 2012, two appeals were filed: one from Dan Snyder, Law Office of Charles M. Tebbitt, <br />PC, on behalf of the Southeast Neighborhood Association (SEN); and another from Bill Kloos, Law <br />Office of Bill Kloos, PC, on behalf of the Applicants, Martin and Leslie Beverly, and Ed McMahon for the <br />Homebuilders Association (HBA). The Planning Commission (PC) held a public hearing on the appeals, <br />on November 14, 2012. At the public hearing, both appellant parties and other members of the public <br />testified on the appeals. The same evening, immediately following closure of the public hearing, the <br />PC closed the record to additional argument. The PC subsequently deliberated on the issues raised by <br />the parties at its meetings on December 3rd and 10th, 2012. <br />4 Final Order - Deerbrook PUD (PDT 12-1) December 17, 2012 Page 1 <br />