_____________________________________________________________________________________ <br /> <br />Staff Report | Braewood Hills 3rd Addition (PDT 24-1 & ST 24-3) <br /> <br />EC 9.8325(7): PUDs proposed on development sites that are two acres or larger must <br />comply with either subparagraph (a) or (b), below: <br /> <br />(a) The PUD is located within 1/2-mile of a public park, public recreation facility, or <br />public school (determined using the shortest distance as measured along a straight <br />line between a point along the perimeter of the development site and a point along <br />a property line of a public park, public recreation facility, or public school); or <br /> <br />(b) The PUD shall provide common open space within the development as follows: <br /> <br />1. Common Open Space Area. <br />a. If the average lot area is equal to or greater than the minimum lot area of <br />the base zone, then the PUD shall provide common open space within the <br />development site equal to a minimum of 10 percent of the net acres of the <br />development site or 14,500 square feet, whichever is greater. <br /> <br />b. If the average lot area is below the minimum lot area of the base zone, <br />then the PUD shall provide common open space within the development site <br />equal to a minimum of 15 percent of the net acres of the development site or <br />14,500 square feet, whichever is greater. <br /> <br />The site is directly adjacent to City-owned Videra Park to the south; therefore, this criterion is <br />met. <br /> <br />EC 9.8325(8): For any PUD located within or partially within the boundaries of the <br />South Hills Study, the following additional approval criteria apply: <br /> <br />(a) No development shall occur on land above an elevation of 901 feet except that <br />either middle housing or one single-unit dwelling may be built on any lot in <br />existence as of August 1, 2001. <br /> <br />The applicant’s written statement addresses two questions related to this approval criterion. <br />First, whether the land division that creates Lot 39 is development prohibited by this criterion, <br />and second, whether this criterion supports a condition of approval precluding development of <br />one single-unit dwelling or middle housing on Lot 39. <br /> <br />The Eugene Code defines “development” to include land divisions; however, staff agrees with <br />the applicant that a land division that creates a lot which carves out all the property on the <br />subject site located above 900 feet does not itself “occur on land above an elevation of 901 <br />feet.” Therefore, staff agrees with the applicant that the creation of Lot 39 would not violate <br />the prohibition on development over 901 feet and is consistent with this approval criterion. <br />However, staff disagrees with the applicant’s assertions regarding future development of Lot 39 <br />with middle housing and future division of Lot 39 via Middle Housing Land Divisions. As <br />Page 25 of 87