Item 1: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters

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that soil borings were necessary to determine the feasibility of the proposed development. Prior to the signing of a final order on the denial by the Planning Commission, the applicant withdrew the application. Since then, the applicant has obtained the necessary erosion and NPDES permits to enter the property to conduct further soil tests. Three separate PUD applications have been submitted for the Beverly property. The first, known as West Creek PUD (City file PD 98-12), was a request for 21 residential lots, and only applied to Tax Lot 300 of the subject property. The application was withdrawn the day of the public hearing, and did not receive a favorable staff recommendation. The applicant then submitted property line adjustments (City files LA 99-46 and 99-47) in conjunction with the City’s acquisition of a portion (approximately 13 acres) of Tax Lot 101 of the subject property. South Park PUD (PD 00-2) was a proposal for tentative planned unit development of a 57-lot single- family residential subdivision. The Eugene Hearings Official denied this application due to lack of compliance with several tentative PUD criteria, including compliance with the South Hills Study, tree preservation and natural feature protection. On appeal, the Planning Commission upheld the Hearings Official’s denial of the application. The most recent PUD application for the Beverly property, known as Deerbrook PUD (City files PDT 06- 2) was a proposal for 91 dwellings on 26.5 acres. Following the release of the staff report recommending denial on the basis of a number of tentative PUD criteria, including compliance with the South Hills Study, tree preservation and natural feature protection, and prior to the public hearing before the Hearings Official, this application was withdrawn by the applicant. 3. Do the geological conditions on these sites render the properties un-buildable? No. Concerns regarding geologic conditions were a prominent issue in the Green Valley Glen PUD. While it was determined that this particular development application did not satisfy the geotechnical standards, this does not preclude the property owner from submitting a proposal with new evidence that meets these standards, nor do such concerns render this property un-buildable. The same is true for the Beverly property. It is important to stress that none of the information available on either property, in and of themselves, renders these sites un-buildable. In the context of the South Hills Study and the Eugene Code tentative PUD approval criteria, and understanding that the subject properties are designated and zoned for low-density residential development, an appropriate level of residential development is still possible on these properties. 4. Are there other site conditions or constraints that would preclude development of these properties? As with most South Hills PUD’s, there are a number of constraints and assets of a given site that need to be addressed as part of the development application process. The challenge is to create a project which appropriately balances these various interests. Such factors as natural resources, topography, circulation/access, infrastructure and many others all need to be addressed. While these sites may have certain challenges in achieving this appropriate balance, there are no circumstances which fundamentally prevent these sites from being developed for residential use. 2