3rd Open Record Period: Applicant’s final rebuttal (4-6-18)

Eugene Hearing Official April 6, 2018 Page 7 2. The 1.48-acre Staff Partition Tract cannot be partitioned alone in order to avoid the PUD process because the code prohibits developing that 1.48-acre tract standing alone; the adjacent property in the same ownership must be included, and that triggers a PUD. EC 9.8210(2) governs applications for partitions and requires that Applications include all contiguous property under the same ownership as the subject property, and are signed by the owner of the property., the -acre chunk of the larger ownership, cannot, as a matter of law, be partitioned separately from the balance of the circumvent 1 clear and objective standards is a As the balance of the adjacent property must be included in any partition application, it is plainly clear that a PUD approval is needed when the relevant dots in the code are connected. The applicability standards for the PUD process appear at EC 9.8305 and capture this site when the code language in 9.8210(2), quoted above, is honored and the all of the property in the same ownership is considered together. EC 9.8305 provides, in relevant part: Applicability . PUD provisions shall be applied when any of the following conditions exist: (1) The proposal is subject to review and approval through the PUD process according to an adopted refinement plan, including but not limited to, property within the boundary of the South Hills Study where all or a portion of a development site is: (a) Between an elevation of 500 feet and 701 feet, and the development site is at least 4 acres with areas of the development site containing slopes that exceed 20%. (b) On property above 701 feet in elevation, except partitions that do not include the creation of a public street, unless an alternate review procedure is approved pursuant to EC 9.9630(3)(a). (c) Above an elevation of 900 feet, except for a land division undertaken by or on behalf of a governmental entity in order to preserve, manage, or expand park, open space, or natural resource bold italicbold italic The in (c) above is triggered here. The language in (b) above is potentially triggered if a new street is required in connection with the partition. In summary, if the owner of the Staff Partition Tract were to apply tomorrow for a simple partition of just that 1.48 acres under the clear and objective standards of EC 9.8220, the City staff response to that application in the completeness review process would be: 1 Walter Matthau (as Sen. Russell Long) to Kevin Costner (as D.A. Jim Garrison) in J.F.K. (1991).