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Preliminary Report attached to the resolution and adopted as findings indicates that the Joint Committee looked at areas both within and outside the City limits, as well as areas north and south of the ridgeline. According to the Summary and Recommendations, the South Hills Study involved approximately 8,880 acres of land situated on both the north and south sides of the Ridgeline, of which approximately 45% was within the City limits at the time. The adopted Resolution 2295 and the South Hills Study define the study area as all the area south of 18 th Avenue and above 500 feet. Neither the South Hills Study nor the Resolution limit the area subject to the South Hills Study to properties located within the city limits at the time the Resolution was adopted. Additionally, the South Hills Study and its policies are codified in EC 9.9630 and apply within the current City limits, just like the rest of Chapter 9 of the Eugene Code. EC 9.8320 provides that this PUD must be consistent with applicable adopted refinement plan policies. Also, Lane County adopted EC 9.9630 as part of the UTA code (Urban Transition South Hills Study. Therefore, staff believes the legislative history shows that the South Hills Study policies also apply to areas outside the City limits but within the within the UGB. South Hills Study area is limited to its footprint at the time of adoption. Staff believes that it is reasonable to interpret the footprint of the South th Hills Study as encompassing all properties south of 18 Avenue and over 500 feet elevation within the City limits (and the UGB), based on the legislative history discussed above. Prior to 2003, when the South Hills Study was only applicable within City limits because EC 9.9630 had not yet been adopted into the UTA code, as new properties annexed to the City (including Tax Lots 200, 300, and 400) they became subject to the South Hills Study if they were located south of 18 th Avenue and above 500 feet elevation. After 2003, properties within the UGB located south of 18 th and above 500 feet were subject to the South Hills Study, either directly, or via EC 9.9630 in the UTA code. By the time Tax Lots 201 and 100 annexed into the City in 2014, they had already been subject to the South Hills Study via the UTA code. Staff Evaluation: As required by the Type III land use application procedures beginning at EC 9.7300, the Hearings Official must review any planned unit development application and consider pertinent evidence and testimony as to whether the proposal is consistent with the criteria required for approval (shown below in bold). Based on the information available as of the date of this staff report, the following findings and preliminary recommendations are presented. The Hearings Official shall approve, approve with conditions, or deny a tentative PUD application with findings and conclusions. Decisions approving an application, or approving with conditions shall be based on compliance with the following criteria at EC 9.8320: EC 9.8320(1) The PUD is consistent with applicable adopted policies of the Metro Plan. The Metro Plan land use diagram designates the area of the subject property for low-density residential use, consistent with its existing R-1 zoning. The proposed development consists of 34 residential lots with two lots (17 and 18) having the option to construct up to three units each for a total range of 34 to 38 units on 13.63 acres and a gross density between 2.5 to 2.8 units per acre. This is consistent with the low-density residential designation as described in Policy A.9 (page III-A-8) which indicates up to 10 dwelling units per acre. Capital Hill PUD (PDT 17-1) February 2018 6 Page 6