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PDT 15-1
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Public Comment (8)
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Last modified
12/7/2015 4:07:00 PM
Creation date
12/4/2015 1:52:36 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
15
File Sequence Number
1
Application Name
CHAMOTEE
Document Type
Public Comments
Document_Date
11/3/2015
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Yes
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® The final PUD plans shall state that the development will occur in accMVffJ6 <br />with the geotechnical recommendations provided in the GeoScience, Inc. report <br />dated February 4, 2007. <br />With the addition of this condition and the revised findings above, the PC finds that <br />the requirements of EC 9.8325(7)(d) and the related standards at EC 9.6710(6) have <br />been met. (The condition of approval is listed as #18 at the end of this Final Order.) <br />SEN Appeal Issue #7• Lot Standards (See Applicant/HBA Appeal Issues #3 and #4 above) <br />This issue has two parts: a) lot dimension standards; and b) solar lot standards, both of which are <br />addressed above, under Appeal -Issue #3 and #4. <br />SEN Appeal Issue #S: Compliance with EC 9.7007 Neighborhood /Applicant Meeting <br />SEN asserts that there are two plans being evaluated as part of the subject request: the initial 75-lot <br />plan; and the 47 lot alternate plan, addressing the staff recommendations. The SEN claims <br />procedural error because only the 75-lot plan was presented at the pre-application <br />Neighborhood/Applicant Meeting, required by EC 9.7007. <br />PC Findings: The Applicant held two neighborhood meetings with SEN (December 8, 2011 and <br />January 10, 2012). At these meetings, the Applicant presented its original 75-lot <br />plan. Then, the Applicant submitted the 75-lot plan with its application. The <br />Applicant. later submitted a 47-lot plan that the HO Official regarded "as simply <br />illustrative of how the applicant could comply with the conditions of approval <br />-recommended in the original (June 2012) staff report" and not as a revised <br />application. At page 7 of its appeal statement, SEN argues that the "[c]ode required <br />the Applicant to share its actual proposed site plan with Southeast Neighbors prior <br />to submitting an application. EC 9.7007(8). The Applicant has never completed this <br />requirement for its 47-lot Application. Its failure to do so requires the- PC to deny <br />the 47-lot Application in total." <br />The PC finds this the issue is beyond the scope its review. Under the Eugene Code, <br />the neighborhood meeting is an application requirement that is considered by the <br />City as part of completeness review under EC 9.7015. The code provides that a PUD <br />application will not be deemed complete for City consideration unless it includes <br />specific documentation of the neighborhood meeting; EC 9.7007(11); EC 9.7010. <br />The code also provides that "[i]f the site plan submitted with the application does <br />not substantially conform to the site plan provided at the [neighborhood] meeting, <br />the applicant shall be required to hold a new neighborhood/a.pplicant meeting." EC <br />9,7007(12). In this case, when the application was submitted, staff determined that <br />the Applicant submitted the required documentation and that the site plan <br />submitted with the application substantially conformed to the one provided at the <br />neighborhood meeting. The application was deemed complete, and the HO's <br />evaluation process began. <br />Final Order -Deerbrook PUD (PDT 12-1) December 17, 2012 Page 25 <br />28 <br />
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