After consideration of the applicable law and all argument and evidence in the record, the gprj~4 <br />Planning Commission finds that the subject application for Deerbrook PUD (PDT 12-1) meets all <br />applicable PUD approval criteria from EC 9.8325, with additional findings and conditions of approval as <br />described above. The HO's initial decision to deny the application is therefore reversed. <br />As a result of the PC's determinations on the appeal issues above, tentative PUD approval is only <br />granted for development of the western portion of the subject site. As required under condition of <br />approval #3, this approval excludes proposed development on the eastern portion of the site shown on <br />the applicant's original 75-lot plans (i.e. the proposed development shown on Tax Lot 101 of Assessor's <br />Map 18-03-20-21, including Canyon Drive, Starwood Loop, Lots 50 through 75, and all related utilities <br />and infrastructure). As stated previously, in the event of any conflict between the HO's decision and <br />this Final Order, this Final Order shall prevail. <br />For ease of reference, a comprehensive list of approval conditions is provided below. This list is <br />comprised of conditions as modified or added in the Final Order above, as well as those recommended <br />by the Hearings Official in the event that his a decision is reversed and the Planning Commission <br />approves the application (as is the case here). <br />VI. CONDITIONS OF APPROVAL <br />1. The applicant shall submit a "Use Restriction" or "Codes, Covenants, and Restrictions" <br />(CC&R's) to be recorded with the final plat that stipulates that the lots of the proposed <br />subdivision shall be developed only with needed housing and uses accessory to that <br />housing. The document shall be subject to prior review and approval by the City's Planning <br />Director during the final plat review process. The document shall stipulate that the use <br />restriction is, enforceable by the City of Eugene and that any amendment to, or removal of, <br />the established use restriction is subject to prior review and approval by the City's Planning <br />Director. <br />The final PUD plans shall note the following: "The 30-foot perimeter buffer shall comply <br />with EC 9.6210(7)(a)(1) through (5). The applicant may use existing vegetation to meet <br />these requirements. The applicant shall show on its landscaping plan existing vegetation <br />that it intends to reply on to comply with these requirements and proposed new <br />landscaping that it intends to add to comply with these requirements." <br />The final PUD plans shall be revised to show removal of proposed development from the <br />eastern portion of the site shown on the Applicant's original 75-lot plans. Proposed <br />development on the western portion of the site shall also be revised to show compliance <br />with the grading prohibition of EC 9.8325(5), by utilizing the 20% slope delineation depicted <br />on Sheet L2.0 of the Applicant's site plans dated August 22, 2012. A note on the final PUD <br />plans shall-be included, specifying the following restriction: "The shaded areas of 20 <br />percent slopes shall not be graded, pursuant to EC 9.8325(5). Construction site <br />management shall include protective fencing of these areas. Utilities in these locations will <br />need to be installed without grading, such as with boring or other construction technique." <br />Final order- Deerbrook PUD (PDT 12-1) December 17, 2012 Page 33 <br />36 <br />