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2017 Planning Commission Final Order on Remand (PDT 13-1 Re-Affirmed)
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2017 Planning Commission Final Order on Remand (PDT 13-1 Re-Affirmed)
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Last modified
1/30/2018 4:01:22 PM
Creation date
1/29/2018 10:23:58 AM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Supplemental Materials
Document_Date
1/29/2018
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Yes
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materials submitted, one additional assignment of error was raised by opponents. That eleventh <br />assignment of error is stated above. <br />EC 9.8320(7) states: <br />Adequate public facilities and services are available to the site, or if public services and <br />facilities are not presently available, the applicant demonstrates that the services and <br />facilities will be available prior to need. Demonstration of future availability requires <br />evidence of at least one of the following: <br />(a) 'Prior written commitment of public funds by the appropriate public agencies. <br />(b). Prior acceptance by the appropriate public agency of a written commitment by the <br />applicant or other party to provide private services and facilities. <br />(c) 'A written commitment by the applicant or other party to provide for offsetting all added <br />public costs or early commitment of public funds made necessary by development, <br />submitted on a form acceptable to the city manager. <br />This issue is thoroughly addressed in the findings for the "Third Assignment of Error" regarding EC <br />9.8320(6). The PC also incorporates the HO's findings, which are included on page 31 of his decision <br />dated November 12, 2013. These findings are therefore incorporated by reference. Based on the <br />findings under the "Third Assignment of Error," the Planning Commission finds that adequate fire <br />and emergency services are available to the proposed PUD site. <br />Regarding subsection (b), the PC incorporates the findings and conditions of the HO, who <br />adequately addressed EC 9.8320(7) in his decision. <br />V. CONCLUSION <br />The Eugene Planning Commission has reviewed the record and the assignments of error in the appeal, <br />and has voted to affirm the decision of the Hearings Official to conditionally approve the tentative PUD <br />for Oakleigh Meadows Co-housing (PDT 13-1). Additional findings and modified or added conditions of <br />approval are provided in Section IV of this Final Order; these conditions of approval are also included <br />below for erase of reference. All conditions, including conditions imposed by the Hearings Official, new <br />conditions imposed by the Planning Commission, and modified/replaced conditions remain applicable <br />and are set out below. <br />1. The`final PUD plans shall show Building 2 located outside (moved south) of the required <br />right-of-way dedication along the north property line. <br />Prior to final PUD approval, the applicant shall submit a report from a certified arborist <br />confirming that the row of cedars on adjacent lands to the north can survive the <br />construction impacts of the proposed development (and include any necessary protection <br />measures to ensure survival). The final PUD plans shall show the location of Building 2 and <br />any„related protection measures (e.g. construction fencing for protected CRZ areas) <br />consistent with the arborist's recommendations. <br />3. Prior to final PUD approval, the applicant shall revise the final site plan to show the dedication <br />2017 Final Order: Oakleigh Meadows Co-Housing PUD (PDT 13-1) Page 18 <br />
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