Eugene Planning Commission <br />September 19, 2013 <br />Page 3 <br /> <br /> <br />The fact that clear and objective standards may prevent a housing applicant from <br />building the applicant’s chosen development does not violate ORS 197.307(4), nor does <br />it entitle an applicant to waiver of all development standards. <br /> <br /> <br />South Hills Study <br /> <br />Contrary to the applicant’s assertion, the footprint of the South Hills Study (SHS) is not <br />limited to the properties to which it applied at that time of its adoption. The SHS itself <br />th <br />provides that its policies apply to properties located south of 18 Avenue and above 500 <br />th <br />feet in elevation. Consequently, as properties located south of 18 Avenue and above <br />500 feet annex into the City, they become subject to the SHS. The property that is the <br />th <br />subject of this application is located within the City, south of 18 Avenue and above 500 <br />feet; therefore, the property is now subject to the SHS, even if it would not have been <br />subject to the SHS when the SHS was originally adopted. <br /> <br />The resolution adopting the SHS (Resolution 2295, adopted June 10, 1974) provides <br />th <br />that the SHS is “applicable to that area identified in the study as being south of 18 <br />Avenue, above an elevation of 500 feet.” The SHS did not (and does not today) include <br />a map showing specific plan boundaries. <br /> <br />Neither the SHS nor Resolution 2295 limit the footprint of the SHS to properties that <br />1 <br />were located within the city limits at the time the Resolution was adopted. <br />Consequently, over time, as properties (including portions of the subject property) <br />th <br />annexed into the City, if those properties were located south of 18 Avenue and above <br />2 <br />500 feet, those properties became subject to the SHS. <br /> <br /> <br /> <br />A review of the Summary and Recommendations of the Joint Parks Committee located <br />1 <br /> <br />in the Preliminary Report attached to Resolution 2295 indicates that the Joint <br />Committee looked at areas both within and outside the city limits, as well as areas north <br />and south of the ridgeline. According to the Summary and Recommendations, the SHS <br />involved approximately 8,880 acres of land situated on both the north and south sides of <br />the Ridgeline, of which approximately 45% was within the city limits at the time. <br /> <br />Note that SHS policies are codified in EC 9.9630 and apply within the current City <br />2 <br />limits, just like the rest of Chapter 9 of the Eugene Code. In addition, Lane County <br />adopted EC 9.9630 as part of the Urban Transition Area (UTA) code in 2003, and the <br />applicant acknowledges that the Metro Plan ratified the SHS. Therefore, today, the SHS <br />applies both to areas within the city limits and to areas outside the city limits but within <br />the UGB. By the time Tax Lots 201 and 100 annexed into the City in 2014, they had <br />already been subject to the SHS via the UTA code. <br /> <br /> <br />{00273486;1 } <br />