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