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PDT 17-1
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Last modified
5/10/2018 4:01:03 PM
Creation date
5/9/2018 8:58:19 AM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
PDT
File Year
17
File Sequence Number
1
Application Name
Capital Hill PUD
Document Type
Appeal Materials
Document_Date
5/7/2018
External View
Yes
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Metro Plan Policies are not irrelevant. Each Policy should be applicable to determine compliance <br />with Criterion 1 and should be discussed and evaluated on the substance of its particular <br />application. Because the Hearings Official made these seven errors, we contend that her decision <br />that the Application satisfies Criterion 1 should be rejected. <br />Assignments of Error, Criterion 2 <br />Appeal Issue #2: The Hearings Official erred by incorrectly interpreting the requirements of the <br />South Hills Study, Ridgeline Park Section - Specific Recommendations. <br />According to Highland Condominium Association vs. City of Eugene (LUBA No. 98-082): "In <br />the South Hills Study, the city adopted seven purpose statements. The study also contains a <br />specific development recommendation that requires that all vacant property above an elevation <br />of 901 feet be preserved from an intensive level of development (hereafter 901- foot Preservation <br />Policy). The study recommends that planned unit development may be permitted as an exception <br />to the 901 foot Preservation Policy 'when it can be demonstrated that a proposed development is. <br />consistent with the purposes' of the South Hills Study. The South Hills Study also contains <br />development standards to ensure that new development address known natural factors, to ensure <br />maximum preservation of the natural character of the south hills, and to ensure adequate review <br />of the public consequences of development in the south hills. " <br />The Hearings Official incorrectly interpreted the Ridgeline Park section of the South Hills Study <br />to mean that the specific recommendations in EC 9.9630(1)(a)2 do not apply. She states (p. 16): <br />"The subject property has not been designated for preservation. Rather, as stated above, it is <br />designated for low-density residential development. A portion of the subject property is located <br />above 901 feet elevation. " Discussing the restrictions on development properties above 901' <br />within the boundary of the South Hills Study, she states that (p. 17): "The Staff Report evaluates <br />the proposed development as it relates to the Ridgeline Park section purposes; and the Response <br />Committee and neighbors have expressed numerous concerns regarding the compatibility of the <br />proposed residential development to ridgeline park system. However, based on the language of <br />the South Hills Study, these restrictions relate to and are encouraged only for areas <br />recommended for preservation or park usage. They do not expressly apply to properties <br />designated for residential development. " <br />The Hearings Official continues (p. 18): "the South Hills Study does not designate the subject, <br />propertyfor preservation or park use and does not prohibit residential development. The <br />proposed low density residential development is consistent with the property's zoning. The <br />recommendations described in the South Hills Study purposes must be construed in the context of <br />this residential zoning. " By this interpretation, no protection is afforded land above 901' within <br />the boundary of the South Hills Study other than that of R-1 zoning. All subject property above <br />901' must be developed according to the South Hills Study refinement zone, not simply R-1 <br />zoning. The PUD process allows considerable latitude and flexibility outside of R-1 zoning to <br />create a development that is appropriate to the specific needs of the site as outlined in the South <br />Hills Study section of the Eugene Code. <br />
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