response to opposing testimony expressing concerns about the need for a stormwater system that <br />is designed overall to meet applicable standards for the whole site, whether lots are developed <br />with middle housing or only single dwelling units, and to respond to the Hearings Official's <br />unresolved determination about whether it is feasible to demonstrate compliance with the <br />applicable stormwater standards. <br />The Planning Commission hereby modifies the Hearings Official's decision and finds that the <br />requirements of EC 9.6791 through EC 9.6797 can be met as conditioned, that the applicant has <br />demonstrated the storm system design can be adjusted to accommodate the increment of <br />stormwater from the required public road, and will include sufficient on -site detention meeting <br />applicable standards in the event that it may be needed for future development on individual lots. <br />Appeal Issue #9: <br />The applicant argues that the Hearings Official erred by finding that because almost all of <br />proposed Lot 39 is above 901 feet and the land comprising proposed Lot 39 did not exist as a <br />separate lot on August 1, 2001, the applicant is prohibited from further development on that lot. <br />Hearings Official's Decision <br />The Hearings Official addressed this issue on pages 42 through 44 of her decision, under approval <br />criterion at EC 9.8325(8), which states: <br />(8) For any PUD located within or partially within the boundaries of the South Hills Study, <br />the following additional approval criteria apply: <br />(a) No development shall occur on land above an elevation of 901 feet except that either <br />middle housing or one single -unit dwelling may be built on any lot in existence as of <br />August 1, 2001. <br />The Hearings Official determined that subject property is residentially zoned and subject to the <br />/PD Planned Unit Development Overlay Zone. Because the applicant has applied under the <br />Housing/Clear and Objective approval criteria at EC 9.83251 the applicant is subject to the <br />limitations on development imposed by EC 9.8325(8)(a), which provides that no development is <br />allowed on any property above 901 feet, unless the lot was in existence as of August 1, 2001. The <br />Hearings Official determined that the applicant did not argue, and there is no evidence in the <br />record, that Lot 39 was in existence as of August 1, 2001. In footnote 27 (page 42)2, the Hearings <br />Official's decision states: <br />During the applicant's 2018 PUD application for the subject property, the applicant <br />asserted that this area of the site was part of a larger lot that existed on August 1, 2001. <br />Z Footnote 27 references a decision for Braewood Hills 3rd Addition Phases 5 and 6 (PDT 18-4), to create a similar 36- <br />lot residential subdivision on the subject property. That Hearings Official's decision to approve the application was <br />appealed to the Eugene Planning Commission, which issued a Final Order on June 25, 2019, affirming the Hearings <br />Official's decision with revised conditions of approval. The Planning Commission's decision was appealed to the Land <br />Use Board of Appeals (LUBA), which issued a Final Order (2019-067) affirming the Planning Commission's decision. The <br />2018 Tentative PUD approval expired on June 11, 2024. <br />Final Order: Braewood Hills 3rd Addition (PDT 24-1 and ST 24-3) Page 28 <br />