Appeal Agenda 2025-01-28 - Laserfiche WebLink

DRAFT FINAL ORDER OF THE EUGENE PLANNING COMMISSION ON APPEAL OF THE HEARINGS OFFICIAL’S TENTATIVE PLANNED UNIT DEVELOPMENT AND TENTATIVE SUBDIVISION DENIAL FOR: BRAEWOOD HILLS 3RD ADDITION (PDT 24-1 and ST 24- 3) ______________________________________________________________________________ I.INTRODUCTION This Final Order of the Eugene Planning Commission concerns an appeal of the Eugene Hearings Official’s decision denying the applicant’s Tentative Planned Unit Development and Tentative Subdivision applications for Braewood Hills 3rd Addition. The subject property is an approximately 15.47-acre vacant site abutting the east side of Hawkins Lane and Randy Lane. The property is zoned R-1, Low-Density Residential with /PD Planned Unit Development and /WR Water Resources Conservation Overlays. The applicant, Piculell Properties, LLC, filed concurrent applications for a Tentative Planned Unit Development (PUD) and Tentative Subdivision under the City’s Housing/Clear and Objective approval criteria for those application types, to create a 39-lot residential subdivision with private streets and associated infrastructure. The Eugene Hearings Official held the initial public hearing for this request on July 10, 2024. Following that hearing and an open record period for additional testimony, the Hearings Official denied the applications in a written decision issued on September 5, 2024 (see Attachment A). The applicant, represented by the Law Office of Bill Kloos, filed an appeal of the Hearings Official’s decision on September 17, 2024. The applicant/appellant has asserted a series of errors by the Hearings Official related to evidence, findings, and conditions and has requested that the Planning Commission modify or reverse the Hearings Official’s decision and approve the Tentative PUD and Tentative Subdivision applications. On October 11, 2024, the City mailed written notice of an appeal hearing before the Planning Commission to be held on October 22, 2024. On October 16, 2024, the applicant’s attorney requested a 90-day time extension of the appeal and cancellation of the upcoming public hearing. On October 16, 2024, the City mailed a notice of cancellation of the appeal hearing to all affected parties. Subsequently, the hearing was rescheduled for January 14, 2025. On January 3, 2025, the City mailed written notice of the rescheduled appeal hearing to all interested parties. On January 14, 2025, the Planning Commission held the public hearing on the appeal. At the public hearing, Bill Kloos provided testimony on behalf of the applicant/appellant in support of the appeal and requested approval of the subject applications. One interested party provided testimony that took a neutral position on the appeal and 20 interested parties provided testimony opposed to the appeal and in support of the Hearings Official’s decision denying the applications. Following the applicant’s final rebuttal, Planning Commissioners asked several clarifying questions of the applicant and staff, and then closed the public hearing and the record for the appeal. Planning Commission Agenda 01/28/2025 Page 8 of 42 $WWDFKPHQW$