AGENDA ITEM SUMMARY <br />August 6, 2019 <br />To: Eugene Planning Commission <br />From: Nicholas Gioello, Associate Planner, Eugene Planning Division <br />Subject: Capital Hill PUD Remand (City File PDT 17-1) <br />ACTION REQUESTED <br />The Planning Commission will hold deliberations on the remand by the Oregon Land Use Board <br />of Appeals (LUBA) of the Planning Commission's approval with conditions of the Capital Hill <br />tentative planned unit development (PUD) application (City File PDT 17-1). LUBA remanded the <br />decision back to the City to allow the Planning Commission to adopt more adequate findings, <br />based on substantial evidence, regarding compliance with the geotechnical requirements of EC <br />9.8320(6) and EC 9.9630(3)(c)1. The Planning Commission's role, as discussed in more detail <br />below, will be to review additional evidence and testimony submitted by the applicant and <br />other interested parties during an open record period established for this remand proceeding, <br />and to decide, based on the evidence in the record, whether to affirm, modify, or reverse the <br />previous conditional approval of the tentative PUD application. <br />BACKGROUND <br />An application for tentative PUD was filed by Schirmer Satre Group on behalf of the property <br />owner, Cynthia and Thomas Dreyer, requesting a 34-lot residential Planned Unit Development <br />The subject property is 13.63 acres in size and is developed with three single-family homes, a <br />three-unit apartment building, a carriage house and non-residential storage building. The <br />property is located south of Hendricks Park, at the end of Capital Drive. The entire property is <br />zoned R-1 Low Density Residential and a portion has the /PD Planned Unit Development <br />Overlay. <br />The City's Hearings Official approved the tentative PUD application with conditions in April <br />2018. The Hearings Official's decision was appealed to the Planning Commission by both the <br />applicant and by a group of opponents including the Fairmount Neighborhood Association, <br />Laurel Hill Valley Citizens and a "Joint Response Committee" comprised of interested neighbors <br />who oppose the project. On June 14, 2018, after a public hearing and deliberations on the <br />appeal, the Planning Commission affirmed the Hearings Official's decision approving the <br />1 Although LUBA's remand references EC 9.9630, that code section does not apply directly to this tentative PUD <br />application. EC 9.9630 only applies to applications for subdivisions, partitions and site review. See EC 9.9500. <br />However, the policies of the South Hills Study (an adopted refinement plan) that are codified in EC 9.9630 are <br />directly applicable to the tentative PUD application through EC 9.8320(2) ("The PUD is consistent with applicable <br />adopted refinement plan policies."). This Agenda Item Summary will therefore refer to the applicable South Hills <br />Study policy rather than to EC 9.9630. <br />Page 1 <br />