20. The final PUD plans shall include the following note: “Compliance with all applicable <br />development standards, special use limitations, and other general development <br />standards for single-unit or middle housing residential dwelling types shall be <br />demonstrated at the time of future building permit on each individual lot.” <br /> <br />OK <br /> <br />21. The final PUD plans shall be revised to remove any references to middle housing lots to <br />be created on land above 901-foot elevation. The final PUD plans shall also include a <br />note stating that: “No development of middle housing, single-unit dwellings, or any <br />other development, including but not limited to land divisions, may occur on any land <br />above 901 feet in elevation.” <br /> <br />Delete. <br />This condition negates the lot owner’s right to Middle Housing. <br />The MH statute allows middle housing on this lot because MH rights stick to base zones that <br />allow single-family detached dwellings, as is the case here with R-1 zoning. <br />The City may not apply its /PD overlay zone, or any other overlay zone, to negate Middle <br />Housing allowed by the statute. <br />E.g., LUBA found the ADU statute controlled over the code in 3 Kamps-Hughes decisions. <br /> <br />22. The final PUD plans shall include the following note: “No site alteration is allowed prior <br />to final PUD approval. This prohibition includes site grading and the removal of trees and <br />other vegetation, as well as any impacts to wetlands and the protected stream on the <br />subject property including changes to the existing drainage pattern. Any such alterations <br />shall only be allowed subject to permit review and approval, and erosion control <br />measures as required for the proposed work.” <br /> <br />OK <br /> <br />23. Prior to final PUD approval, the applicant shall submit an updated site plan depicting <br />that portion of Randy Lane now shown as a proposed private street on Sheet L2.0 of the <br />applicant’s site plans, as a public street instead. The revised site plan shall show that <br />portion of Randy Land will be designed and constructed to City standards as a public <br />street in accordance with EC 9.6505(3)(a) and the Local Street Design Standards of the <br />Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeway and <br />Accessways, as well as the City’s Public Improvement Design Standards (PIDS) Manual. <br /> <br />Delete. <br />It is undisputed that the topography prevents connectivity of Randy Lane to the east due to <br />20%-plus slope. <br />This road will serve only 7 subdivision lots. <br />The other two private roads will serve 9 and 21 lots, respectively. <br />Appeal Testimony (PDT 24-01 & ST 24-03) - Batch #1 Page 23 of 43