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HomeMy WebLinkAboutFinal Order of the Planning CommissionAM WPlanning Commission FINAL ORDER OF THE EUGENE PLANNING COMMISSION ON APPEAL OF HEARINGS OFFICIAL DECISION: CHAMOTEE TRAILS PUD (PDT 15-1) 1. BACKGROUND The subject Planned Unit Development (PUD) application, Chamotee Trails PUD (PDT 15-1), was deemed complete on August 12, 2015. A public hearing before the Hearings Official was held on November 4, 2015. Following the public hearing, the Hearings Official granted a request to leave the public record open for additional public testimony; the applicant's final rebuttal was submitted on November 23, 2015. On December 3, 2015, the Hearings Official issued his decision, finding that the PUD did not meet EC 9.8325(6)(c), which is referred to as the "19-lot rule". On December 16, 2015, Bill Kloos on behalf of the applicant, filed an appeal that included three assignments of error. The Eugene Planning Commission held a public hearing on this appeal on January 26, 2016. The Planning Commission began deliberations on February 8, 2016, and continued their deliberations on February 22, 2016. After deliberations concluded on February 22, 2016, action was taken to adopt a Final Order affirming the Hearings Official's decision to deny the subject PUD application. The Final Order of the Eugene Planning Commission regarding this appeal is based on the record, and limited to the issues raised in the record that are set out in appellants' written appeal statement, in accordance with applicable procedural requirements of the Eugene Code (EC). II. FINAL ORDER The Eugene Planning Commission has reviewed the record and the appellants' assignments of error, and has voted to affirm the decision of the Hearings Official to deny the Chamotee Trails PUD (PDT 15-1). The Planning Commission hereby incorporates the Decision of the Hearings Official, dated December 3, 2015, by reference (attached as Exhibit A). The Planning Commission concludes that: 1) the Hearings Official correctly applied the "19-lot rule"; and 2) the Hearings Official correctly interpreted criterion EC 9.8325(3), regarding a 30-foot landscape buffer. Accordingly, denial is hereby affirmed for a proposed PUD on Tax Lot 1101 of Assessor's Map 18-03-20-23. The foregoing conclusion is adopted as the Final Order of the Eugene Planning Commission, for Chamotee Trails PUD (PDT 15-1), this 2211 day of February, 2016. John Jaworski, Chair Eugene Planning Commission