Hearings Official Public Hearings

AGENDA Meeting Location: Virtual Meeting (via Zoom) Phone: 541-682-5377 https://www.eugene-or.gov/406/Hearings-Official The Eugene Hearings Official welcomes your interest in this agenda item. As this meeting is being held virtually, feel free to join in and go as you please during the meeting. For questions about accessing the virtual meeting, see the instructions* below or contact the Planning Division: (541) 682-5437. WEDNESDAY, SEPTEMBER 02, 2020 – 5:00 p.m. I. Public Hearing: Compeau Family Trust (PDT 19- 2) Request: The applicant requests Tentative Planned Unit Development approval for 8 lots and one common tract including 2 lots for existing single-family dwellings, 2 duplex lots, and 4 lots for single-unit dwellings. Owner/Applicant: Compeau Family Trust Representative: Jed Truett, Metro Planning Assessor’s Map/Tax Lot: 18-03-04-14 / 00700 and 00800 Address / Location: 2321 and 2323 Augusta Street Lead City Staff Rodney Bohner, Associate Planner, Planning Division 541-682-5437 RBohner@eugene-or.gov *IMPORTANT NOTE: To take preventative measures for community members and staff safety against the spread of COVID-19, this public hearing will be performed virtually. No interested parties may attend the public meeting in person. Instead, staff has provided alternative opportunities for interested parties to participate and stay safe. Therefore, the following opportunities are available to participate in this land use process: HOW TO ACCESS THE MEETING • To join/watch the meeting from your computer, tablet or smartphone (allows participation in Public Comment): https://zoom.us/j/94793364472 • To join by phone (allows participation in Public Comment): Dial one of the below  numbers and enter the Meeting ID: 947 9336 4472. Dial: + 1- 669- 900- 6833 or Toll Free 1- 877- 853- 5257 (US) For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/adOYOpL5aB • To Submit Written Testimony: You may submit written testimony by email to RBohner@eugene-or.gov or by mail to Planning Division, c/o Rodney Bohner, 99 W 10th Avenue, Eugene, OR 97405. Written Testimony must be received by the close of the public record. To sign- up to speak for Public Comment: o For those viewing the meeting on a computer, laptop, or other device, click once on the blue “hand” icon. o For those listening to the meeting on a phone, press *9 (Star-9) o All persons providing comment will be asked to provide their name, address, and whether they are in support, neutral, or in opposition to the application. Public Hearing Format 1. Staff introduction/presentation 2. Public testimony from applicant 3. *Public Testimony from others in support of application. 4. *Comments or questions from interested persons who are not proponents, nor opponents of the proposal (neutral persons). 5. *Public testimony from those in opposition to the application. 6. Staff response to testimony. 7. Questions from Hearings Official. 8. Rebuttal testimony from applicant. 9. Closing of public hearing. *Due to the virtual meeting platform, the order of speakers will be based on order that persons sign-up to speak, as opposed to the order noted above. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. The Hearings Official will not make a decision at this hearing. The Eugene Code requires that a written decision must be made within 15 days of close of the record. To be notified of the Hearings Official’s decision, please contact the lead City staff noted above or provide public comment. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. City of Eugene - Hearings Official Ph.: (541) 682-5877 https://www.eugene-or.gov/406/Hearings-Official Page 2  Atrium Building 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Tentative Planned Unit Development File Name (Number): Compeau (PDT 19-2) Owner: Compeau Family Trust Applicant’s Representative: Jed Truett, AICP; Metro Planning, Inc. Lead City Staff: Rodney Bohner, Associate Planner, Eugene Planning Division, Phone: (541) 682-5437 Relevant Dates: Application Submitted: May 14, 2019 Deemed Complete: November 12, 2019 Public Hearing: September 2, 2020 Location: 2321 and 2323 Augusta Street Map No. / Tax Lot(s): 18-03-04-14 / 00700 and 00800 Property Size: Approximately 1 acre Application Summary: Request for approval of a Tentative Planned Unit Development (PUD) to subdivide two existing residential lots into 8 lots, with a total of 10 residential units consisting of 6 single-unit dwellings and 2 duplex dwellings. Purpose of the Staff Report Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Per Eugene Code (EC) 9.7320, staff reports are available seven days prior to the public hearing. The staff report provides only preliminary recommendations and information. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is generally made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, the applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 1 of 28  APPLICATION DETAILS & PROCEDURE The subject development site is located on Augusta Street immediately south of Oak Creek Townhomes (PD 71-2). To the east is a large (22 acre) vacant property. The surrounding area is zoned R-1 Low Density Residential and developed primarily with single-unit dwellings except for the townhouses to the north and an undeveloped lot to the east. The subject property is comprised of two tax lots totaling approximately one acre in size, zoned R-1, Low Density Residential, and currently developed with two single-unit dwellings and accessory buildings. A vicinity map is included as Attachment A for ease of reference. A map showing the zoning of the area is also included as Attachment B. The applicant is requesting for approval of a Tentative PUD for proposed development located on Augusta Street in the Laurel Hill Valley Neighborhood. The proposed development creates eight (8) lots and a common area tract. The initial proposal included two fourplexes but taking into consideration feedback from the neighborhood meeting, the applicant has modified the proposal to replace the northerly fourplex with three single-unit, detached dwellings and the southerly fourplex with two duplexes, each duplex on its own lot. Details are shown on the Tentative PUD site plan, included as Attachment C for ease of reference. This Tentative PUD is being processed under the “General” (i.e. discretionary) approval criteria at EC 9.8320. A Tentative PUD is not required to subdivide the subject development site. However, the applicant has requested the PUD voluntarily under the allowance at EC 9.8305(4) because the applicant seeks greater flexibility the design of the subdivision development than would otherwise by allowed by the R-1 zoning. Timing, Notice, and Testimony A summary of the application timeline to date is included below for ease of reference: Application Submitted May 14, 2019 Neighborhood Meeting June 10, 2019 Application Application Complete November 12, 2019 Timeline Public Notice (per EC 9.7315) August 3, 2020 Public Hearing September 2, 2020 Public Notice: Public notice of this Tentative PUD application was provided in accordance with the requirements of EC 9.7315. A public notice was mailed to all residents in the affected area, and signage was also posted, in accordance with EC 9.7315(3) and (4). Testimony: At the time of the publishing of this staff report, no testimony was received regarding these applications. Staff responded in a series of emails with the co-Chairs of the Laurel Hill Valley Citizens, the applicable neighborhood association, concerning the lack of follow-up neighborhood/applicant meeting. Staff note that the applicant revised the proposal based on feedback from the initial August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 2 of 28 neighborhood meeting held on June 10, 2019. The co-Chairs express concern regarding the dissimilarities between the site plans presented at the meeting and those currently under review in the subject Tentative PUD. Staff maintain that the site plans under review remain in substantial conformance with those presented and subsequently revised based on neighborhood meeting input. Staff also acknowledge that the requirements around the neighborhood meeting constitute an application requirement and not mandatory approval criteria. Referrals: The Planning Division also provided information concerning the application to appropriate City departments, public agencies, service providers, and the affected neighborhood group. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is incorporated and addressed in the context of applicable approval criteria and standards in the following evaluation. TENTATIVE PUD EVALUATION In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. To assist the Hearings Official in rendering a decision on the application, staff presents the following Tentative PUD approval criteria (shown below in bold typeface), with findings related to each, and recommended conditions of approval, based on the evidence available as of the date of this staff report. EC 9.8320(1): The PUD is consistent with applicable adopted policies of the Metro Plan. The subject property is designated Low Density Residential on the Metro Plan land use diagram, which is consistent with the property’s existing R-1 zoning. The applicant’s written statement provides findings of consistency regarding additional policies of the Metro Plan. To the extent that those additional findings and policies of the Metro Plan are relevant and applicable to this request, staff generally concurs and finds that the proposed development is consistent with the Metro Plan and the above criterion. That said, and while they have been considered, none of the relevant Metro Plan policies appear to directly apply as mandatory approval criteria for the PUD. EC 9.8320(2) - The PUD is consistent with applicable adopted refinement plan policies. The following Laurel Hill Plan policies, indicated in italics, were found to be relevant to the proposed development. To the extent that the findings and analysis in the applicant’s written statement are relevant, those findings are also incorporated herein by this reference. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 3 of 28  Land Use and Future Urban Design Policy 1: Approval of Valley Development will take into consideration: a. Density. The appropriate density for residential development shall be determined based on 1) the provision of the Metropolitan Area General Plan [Metro Plan] calling for an overall density range of one to ten units per acre; and 2) provisions of the South Hills Study, including those limiting density to five units per acre for sites above 500 feet in elevation. b. Size. Large apartment complexes (over thirty-two units) are objectionable because their dominance would alter entirely the character of the Valley. Approval of apartment complexes larger than 32 units will depend upon the feasibility of providing adequate urban services, streets, schools, and transportation. c. Dispersal. Planned Unit Developments composed primarily of multiple family dwelling units shall be separated and dispersed and not abutting. As noted by the applicant and supported by the site plan, the proposed development will result in a gross density of 10 units per acre in compliance with policy (a) above. Gross density, as defined at EC 9.0500 is the total number of dwelling units per each acre of land, including areas devoted to dedicated streets… and other public facilities. As also noted by the application, the development site is below 500 feet in elevation and, therefore, the South Hills Study does not apply. Neither subsection (b) or (c) apply to the project since the applicant is proposing single- unit and duplex dwellings on each lot. Policy 5: New land divisions shall be planned to respect the existing topography and ensure solar potential to the extent possible. Developers shall be encouraged to investigate techniques other than grid-type division of land when planning for development. As shown on the applicant’s site plans, while the site is relatively flat therefore negating topographical considerations, the relative configuration of the site in an east-west orientation creates a challenging constraint regarding solar potential. As discussed later in the report, the proposed PUD is exempt from the solar lot standards. The applicant proposes offset lots surrounding common areas to include parking and stormwater treatment areas. Taken in the context of the existing rectangular lots and the surrounding development pattern, the proposed infill development is consistent with this policy. Based on the available information and evidence, and the findings above, staff concludes that the proposed PUD complies with applicable Laurel Hill Plan policies. EC 9.8320(3) - The PUD will provide adequate screening from surrounding properties including, but not limited to, anticipated building locations, bulk, and height. The proposed development includes single-unit and duplex dwellings, either existing or proposed totaling eight (8) residential structures. The existing and proposed dwellings are to be one- and two-story. The buildings are generally oriented around the private street and shared parking area. The property to the north is developed with multi-unit townhouses and lots to the east and south are developed with detached single-unit dwellings. The applicant’s written August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 4 of 28 statement references a proposed fence or landscaping that will provide a buffer between the proposed development and surrounding properties. Generally speaking, and as discussed further under the landscaping standards at EC 9.8320(10), the property is screened at a minimum by planting beds at least 5 feet in width. Staff recognize the proposed use, single-family and duplex development, is generally compatible with existing development in the surrounding area. However, due to the flexibility provided through the PUD, the particular design as shown on site plan sheet LA-1 (prepared by Dougherty Landscape Architects and dated November 6, 2019), resulting in small lots and shared parking, for example, staff recognizes that additional consideration regarding screening is warranted between the proposed development and surrounding single-unit dwellings. Staff recommends that the proposed shared parking area be required, at a minimum, to meet the basic parking area landscape standards at EC 9.6420(3) including a landscape strip at least 7 feet wide and designed to meet the L-3 High Screen Landscape Standard at EC 9.6210(3). As proposed, the landscape buffer reduces to approximately 5 feet in width. Alternatively, the applicant could seek an adjustment to the landscape standards. Based on these findings and to mitigate anticipated glare from the vehicle lights, the following condition is warranted to ensure adequate screening for the shared parking area: x The applicant shall revise the final PUD site plan to meet the minimum parking area landscape standards at EC 9.6210 or otherwise apply for and be granted an adjustment to the applicable standards. Based on these findings, as conditioned, the proposed development will meet this criterion. EC 9.8320(4) - The PUD is designed and sited to minimize impacts to the natural environment by addressing the following: (a) Protection of Natural Features. 1. For areas not included on the City’s acknowledged Goal 5 inventory, the preservation of significant natural features to the greatest degree attainable or feasible, including: a. Significant on-site vegetation, including rare plants (those that are proposed for listing or are listed under State or Federal law), and native plant communities. b. All documented habitat for all rare animal species (those that are proposed for listing or are listed under State or Federal law). c. Prominent topographic features, such as ridgelines and rock outcrops. d. Wetlands, intermittent and perennial stream corridors, and riparian areas. e. Natural resource areas designated in the comprehensive plan diagram as “Natural Resource” and areas identified in any city-adopted natural resource inventory. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 5 of 28 The development site is not included on the City’s acknowledged Goal 5 inventory and is therefore subject to (4)(a)1. above. Per the applicant’s findings and evidence prepared by an Oregon licensed landscape architect, the subject property is not encumbered by significant vegetation, documented habitat, topographic features, wetlands, or designated natural resource areas. The site is relatively flat and does not contain any significant topographic features. Overall, much of the proposed buildings and parking area are located on areas that are previously developed. Staff note that a Goal 5 resource does closely approach the site’s north boundary and the applicant’s proposal may impact off-site significant trees in the adjacent conservation setback area. While the proposed development on Lot 1 appears to be located outside of the conservation setback (and the subject property is not zoned with the /WR Water Resource Conservation Overlay), careful attention should be taken to ensure that development activity does not impact significant trees and the conservation area existing just to the north of the development site, so as to avoid any encroachment or impact that may violate the applicable overlay zoning. Based on the evidence provided, the proposed development will meet this criterion. (b) Tree Preservation. The proposed project shall be designed and sited to preserve significant trees to the greatest degree attainable or feasible, with trees having the following characteristics given the highest priority for preservation: 1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria; 2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow; 3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement; 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas; 6. Trees and stands of trees located along ridgelines and within view corridors; 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets; 9. Trees located along a water feature; 10. Heritage trees. The proposed development appears to propose the removal of one tree that is 12 inches or greater diameter at breast height (DBH) and 17 trees which appear less than 12 inches DBH. The application materials provide no details justifying the removal of the 12-inch deciduous tree on Lot 8, located near the south east portion of the lot. This existing tree appears to provide a screening function and therefore warrants consideration for preservation. As staff see August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 6 of 28 no proposed development that would impact the Critical Root Zone (CRZ), the following condition appears warranted to ensure preservation: x The applicant shall revise the final PUD site plans to designate the 12-inch diameter tree located on Lot 8 as “To Be Preserved.” The removal of the sub-12-inch diameter trees is primarily associated with the location and placement of the buildings and shared parking area. These trees are not considered significant per EC 9.8320(4)(b) and removal is warranted in order to accommodate development that is permitted in the R-1 zone. The applicant plans to preserve at least two other significant trees on site, both of which are located along Augusta Street on Lot 1 (see Attachment C: Applicant’s Site Plan). As part of their application, the applicant did not provide the percentage of impact that development will have on the CRZs. Per EC 9.0500 – Tree Removal, if a tree’s CRZ is impacted by more than 30%, it is considered a technical kill. Therefore, to ensure that each of the trees to be preserved are not impacted more than 30%, the following conditions are warranted: x Prior to final PUD approval, the applicant shall provide a revised Tree Preservation Plan that accurately lists the size, species, and health/condition of each preservation tree and verifies that no more than 30% of the Critical Root Zone (CRZ) of trees to be preserved will be impacted by construction activities. If more than 30% of any CRZ will be impacted, the applicant shall provide a report from a certified arborist verifying that the proposed construction activities can otherwise be conducted in a manner that does not threaten the survival of the trees to be preserved. x All building permits for construction on the site shall include a site plan in compliance with the approved tree preservation plan. The building permit submittal shall include sufficient detail to verify that no more than 30% of the Critical Root Zones (CRZ) of trees to be preserved will be impacted by construction activities on the lot, or a report from a certified arborist verifying that the proposed construction activities can otherwise be conducted in a manner that does not threaten the survival of the trees to be preserved. The building permit shall include tree protection fencing to be erected at the perimeter of the CRZ’s for all trees to be preserved (or an alternative location as approved and documented by a certified arborist and the City). x Protective fencing for trees identified to be preserved shall be inspected and approved by the City prior to beginning any construction related activities. All protective tree fencing shall remain in place until completion of all construction activities; any relocation or removal of the protective fencing shall only occur under the direction of a certified arborist or with approval by the City. Based on these findings, as conditioned, the proposed development complies with this criterion. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 7 of 28  (c) Restoration or Replacement. 1. For areas not included on the city’s acknowledged Goal 5 inventory, the proposal mitigates, to the greatest degree attainable or feasible, the loss of significant natural features described in criteria (a) and (b) above, through the restoration or replacement of natural features such as: a. Planting of replacement trees within common areas; or b. Re-vegetation of slopes, ridgelines, and stream corridors; or c. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation. To the extent applicable, restoration or replacement shall be in compliance with the planting and replacement standards of EC 6.320. 2. For areas included on the city’s acknowledged Goal 5 inventory, any loss of significant natural features described in criteria (a) and (b) above shall be consistent with the acknowledged level of protection for the features. The applicant’s planting plan includes the proposed installation of 8 new trees. In order to ensure the revised site plan provides adequate details and to ensure the replacement planting occurs in a timely fashion, the following condition is warranted: x Prior to final PUD approval, the applicant shall provide a revised planting plan that substantially conforms to the tentatively approved plan and reflects the changes required by the conditions of this tentative PUD approval. The revised planting plan shall include a note stating that: “Replacement trees shall be native species and have a minimum caliper of 2” for deciduous trees and a minimum height of 5’ for coniferous or evergreen trees. Planting and inspection by City staff shall occur before final occupancy of any new dwellings is permitted on the lot where the tree will be planted. Watering and general maintenance of replacement trees shall be conducted by the property owner in manner that ensures their establishment and long-term survival.” Based on these findings, as conditioned, the proposed development complies with this criterion. (d) Street Trees. If the proposal includes removal of any street tree(s), removal of those street tree(s) has been approved, or approved with conditions according to the process at EC 6.305. This criterion is not applicable because the applicant does not propose the removal of any street trees. EC 9.8320(5) - The PUD provides safe and adequate transportation systems through compliance with the following: (a) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways (not subject to modifications set forth in subsection (10) below). August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 8 of 28 The standards listed by EC 9.6800 through EC 9.6875 are concerned with the dedication, design and location of public ways. As the applicant is proposing private streets on their site, the standards apply only to answer the questions of whether public ways are required, and whether the private streets are designed so as not to negatively impact the public street system. The determination of whether (and what) improvements are required to the existing public system is discussed by this recommendation at EC 9.6505. Referral comments from Public Works provide an evaluation of each standard, and this recommendation provides review of the applicable standards. It is also noted that EC 9.6875 specifically addresses the standards for private street design as they relate to the applicant’s proposal. EC 9.6805 Dedication of Public Ways Pursuant to EC 9.6805, as a condition of any development, the City may require dedication of public ways for bicycle and/or pedestrian use as well as for streets and alleys, provided the City makes findings to demonstrate consistency with constitutional requirements. The public ways for streets to be dedicated to the public by the applicant shall conform with the adopted right- of-way map and EC Table 9.6870. As discussed in EC 9.6870 Street Width, which is incorporated by reference, the applicant’s proposal to dedicate an additional 2.5 feet of right-of-way in Augusta Street is acceptable and no additional right-of-way dedication is required. EC 9.6815 Connectivity for Streets To meet street connectivity standards under EC 9.6815(2), the proposed development must, at a minimum, provide extensions of the public way which are consistent with subsections (2)(b), (2)(c) and (2)(d). EC 9.6815(2)(b) requires street connections in the direction of any planned or existing streets within ¼ mile of the development site and connections to any streets that abut, are adjacent to, or terminate at the development site. EC 9.6815(2)(c) requires that the proposed development include streets that extend to undeveloped or partially developed land adjacent to the development site. EC 9.6815(2)(d) requires secondary access for fire and emergency vehicles. Exceptions to these requirements can be granted under the provisions at EC 9.6815(2)(g), either due to physical preclusion or based on a local street connection study provided by the applicant to demonstrate that the standards for an exception are met. The development site abuts Augusta Street to the west, a large tract of undeveloped residential land to the east (Tax lot 18-03-03-00-00101) and otherwise surrounded by residential development and platted lots that preclude or otherwise obviate the need for any additional public street connection. Regarding a connection to the undeveloped parcel to the east, the applicant is seeking an exception and has submitted a street connectivity study per EC 9.6815(2)(g)(1). The applicant’s street connection study meets the intent of EC 9.6815(1) and describes how the partially developed properties and the undeveloped property to the east have frontage elsewhere along the existing public street system to facilitate development without necessitating public street access through the subject development site. Based on the available information, staff recommend that the Hearings Official grant the August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 9 of 28 exception under EC 9.6815(2)(g) and find that street connectivity standards are otherwise satisfied by the fully developed street system in the area. EC 9.6855 Street Names This standard requires that names for new streets that are not in alignment with existing streets are subject to approval by the planning director and shall not unnecessarily duplicate or resemble the name of any existing or platted street in Lane County. Staff notes that a street name has not been provided for the proposed private street. In order to ensure compliance with this standard, the following conditions are warranted: • Prior to final plat approval, a street name shall be submitted for review by the regional road naming group and be approved in accordance with EC 9.6855. The private street shall be labeled on the final plat and final PUD site plans as “Street Name - Private”. Based on the findings and condition above, this standard is met. EC 9.6870 Street Width Pursuant to EC 9.6870, the right-of-way and paving widths of streets shall conform to those widths designated on the adopted Street Right-of-Way map. When a street segment right-of-way width is not designated on the adopted Street Right-of-Way map, the required street width shall be the minimum width shown for its type in Table 9.6870 Right-of-Way and Paving Widths, although a greater width can be required based on adopted plans and policies, adopted Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways or other factors which in the judgment of the planning and public works director necessitate a greater street width. Augusta Street, which is under City jurisdiction, is identified as a neighborhood collector with a planned right-of-way width of 55 feet per the adopted Street Classification Map (Fig. 60 of the Transportation System Plan (TSP)) and the Street Right-of-Way Map (Fig. 61 of the Arterial Street Collector Plan (ASCP)). Augusta Street has an existing 50-foot right-of-way and was improved to City standards with 36-foot paving and curbs and gutters under City Contract 1965- 28, with traffic calming bump outs being added under City Contract 1980-60. The 1965 street design anticipated construction of curbside sidewalks, which have since been constructed along the street on an intermittent basis. Augusta Street also has streetlights, but it lacks street trees along most of the street. As shown on the applicant’s site plan, the applicant is proposing to dedicate an additional 2.5-feet of right-of-way, which will result in a half right-of-way width of 27.5 feet on the east side of the Augusta right-of-way centerline. This proposal will result meet the minimum required width as depicted in Figure 61 of the ASCP and therefore complies with the applicable standards for public street width. EC 9.6875 Private Street Design Standards August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 10 of 28 The proposed private street is permitted under EC 9.6815(2)(a). This standard requires private streets to be designed and constructed in accordance with applicable requirements contained in the adopted Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways (which are more specifically identified in Section M. Private Streets and Alleys on page 39 of Exhibit A of City Council Resolution No. 4608 in the ASCP). Per Section M-1 of the adopted standards, private streets are required to comply with the standards for public streets with respect to intersection configuration, minimum centerline radius length, grade, sight distance, width, curb requirements, sidewalks and street alignments relative to natural resource sites and water-related features. Per section M-2, private sidewalks “must meet ADA requirements, which allows a minimum width of 3 feet, provided that ‘passing space’ is provided at reasonable intervals, not to exceed 200 feet.” Public Works staff notes that the proposed private street does not fully comply with the applicable standards. As shown on Sheets C2.0 & C5.0 of the applicant’s tentative plans, the proposed private street will consist of a 20-foot paved section and with a 3-foot sidewalk on the south side of the private street. However, the street sections provided for the private street do not depict curbs on both sides. Therefore, the following condition is warranted: x The applicant shall revise the final PUD site plans to depict the proposed private street as complying with “Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways”, including the required curbs. Per Section M-4 of the adopted standards, the structural design and construction inspection for the private street will remain the developer’s responsibility. Certification by a licensed engineer that a structural design meeting the public standards outlined above has been completed must also be submitted at the time of the site development permit for the private street. The following condition related to the creation of the private street is also warranted: x Prior to final plat approval, the applicant shall submit a Private Joint Use Access and Utility Easement and Maintenance Agreement (JAM). The JAM will include a description defining the area of the private street and will also identify permitted improvements, construction expectations, rights of usage and maintenance responsibilities for the facilities in the street. The JAM will be recorded concurrent with and cross-referenced on the final plat. In order to ensure emergency access over the private street, the following condition is also warranted: x Provisions for public emergency access easement within the private street may be included in the proposed JAM which creates the private street, or alternatively may be dedicated as a Public Emergency Access Easement on a standard City form. Based on the available evidence, and these findings and conditions, the criterion at EC 9.8320(5)(a) is met. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 11 of 28  (b) Pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks, provided the city makes findings to demonstrate consistency with constitutional requirements. “Nearby” means uses within 1/4 mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists. The proposed development will provide paved paths and pedestrian connections within the site that connect to the sidewalk along Augusta Street. From this connection, future residents will have access to the network of sidewalks and public streets. A transit stop is located approximately 280 feet north of the subject property. Augusta Street is designated a Neighborhood Greenway in the City’s TSP and is currently marked with shared bicycle lane markings, providing reasonable access for cyclists. From the access connections available to pedestrians, cyclists, and transit users, future residents of the development will have access to nearby areas, parks, and other amenities as required. (c) The provisions of the Traffic Impact Analysis Review of EC 9.8650 through 9.8680 where applicable. The anticipated traffic generated by the proposed development does not meet any of the applicability thresholds established in EC 9.8670. Anticipated peak hour trips will not reach the threshold of 100 or more, there are no documented concerns or analyses to warrant further review, and the site does not abut any streets in the jurisdiction of Lane County. Based on these findings, this standard is not applicable. EC 9.8320(6) - The PUD will not be a significant risk to public health and safety, including but not limited to soil erosion, slope failure, stormwater or flood hazard, or an impediment to emergency response. Compliance or anticipated future permit requirements demonstrate that no significant risk to public health safety as related to erosion prevention, stormwater management, and development within a special flood hazard area, which are discussed in detail at EC 9.8320(4), (10)(c), (10)(j), and (11), respectively and incorporated herein by reference. Regarding the emergency response, the proposed development was reviewed by the Eugene-Springfield Fire Department. Based on their comments, the proposal does not raise any significant concerns, nor does it find that there is any impediment to emergency response as access to the development site is available from north or south on Augusta Street. However, as an informational item, the Fire Marshal notes that available fire hydrants appear to exceed the minimum required distance to supply water to the proposed lots and therefore a fire hydrant would be required at the time of future development. Lastly, also as an informational item, “No Parking Fire Lane” signs will be required along the apparatus access road and emergency vehicle turnaround. Based on these findings and future permitting requirements, the proposed development complies with this criterion. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 12 of 28  EC 9.8320(7) - Adequate public facilities and services are available to the site, or if public services and facilities are not presently available, the applicant demonstrates that the services and facilities will be available prior to need. Demonstration of future availability requires evidence of at least one of the following: (a) Prior written commitment of public funds by the appropriate public agencies. (b) Prior acceptance by the appropriate public agency of a written commitment by the applicant or other party to provide private services and facilities. (c) A written commitment by the applicant or other party to provide for offsetting all added public costs or early commitment of public funds made necessary by development, submitted on a form acceptable to the city manager. Public Works staff confirms that public wastewater and stormwater service are presently available to the site. Findings at EC 9.8320(10)(b) and (j), regarding public improvements and stormwater respectively and incorporated herein by reference, provide further evidence that these services are available to the site. The provision of water and electric services and other utilities is subject to review by EWEB or other utility providers. Comments from EWEB can be reviewed in Attachment D. Given these findings, the proposal complies this criterion. EC 9.8320(8) - Residents of the PUD will have sufficient usable recreation area and open space that is convenient and safely accessible. The applicant’s written narrative relies on the lawn and stormwater planters between the proposed three single-unit dwellings and duplex dwellings (see sheet LA-1) to provide for private recreation and open space. The applicant’s written narrative also relies on the development’s proximity to Laurel Hill Park, approximately 1,080 feet south along Augusta Street as an accessible recreation area. Staff agree that the nearby public park is convenient, and the existing sidewalk network provides safe accessibility to the park. Based on the available information, future residents will have sufficient recreational area and open space that is both convenient and safely accessible. Therefore, the proposed development complies with this criterion. EC 9.8320(9) - Lots proposed for development with one-family detached dwellings shall comply with EC 9.2790 Solar Lot Standards or as modified according to subsection (10) below. Solar lot standards of EC 9.2790 require that at least 70 percent of the lots in a subdivision be designated as solar lots. The applicant has requested an exception to solar lot standards based on EC 9.2790(2), which provides an exception where the proposed subdivision provides at least 70 percent of the maximum allowed density. The applicant proposes a density that exceeds 70 percent of the maximum allowed density and, therefore, staff recommend an exemption to solar lot standards. EC 9.8320(10) - The PUD complies with all of the following: (a) EC 9.2000 through 9.4170 regarding lot dimensions, solar standards, and density requirements for the subject zone and overlay zone. Within the /WR August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 13 of 28  Water Resources Conservation Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would occupy either: 1. The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or 2. The /WQ Management Area. As previously noted, the proposed subdivision includes 8 residential lots. The proposed gross density of 10 units per acre is consistent with the Metro Plan and Laurel Hill Plan. The net density, as required by EC Table 9.2750 and calculated per EC 9.2751, is determined based on the acreage of land considered part of the residential use and excludes public and private streets. Extracting the area of the proposed private street (approximately 2,500 square feet) from the total acreage appears to result in a net density of 11 units per acre, below the 14-unit per acre maximum in the R-1 zone. Conditions related to the proposed private street may alter the final total area of the extraction, and therefore the following condition is warranted to ensure net density conformance: x The applicant shall revise the final PUD site plan to clearly show the area of the proposed private street. The applicant shall include a note on the final PUD site plan with calculations demonstrating that the proposal complies with the net density standard. The applicant is requesting flexibility to several lot standards including lot area, lot frontage, and minimum lot width. The proposal provides small lots (Lots 3-7) with surface areas ranging between 2,904 square feet and 3,389 square feet. Additionally, Lots 4-6 do not have frontage on a public or private street. The proposed non-compliance appears necessary and allowable under EC 9.2761(1)(c), in order to accommodate a higher residential density and a variety of housing types than would otherwise be attainable based on strict compliance with applicable lot standards of the R-1 zone. The “33%” rule for new lots is not applicable, because the development site is not regulated by the /WR Water Resource Conservation Overlay or a /WQ Management Area. Therefore, this standard does not apply. Based on the available information, and with approval of the proposed non-compliance related to lot standards as requested by the applicant, the proposed development complies with these standards. (b) EC 9.6500 through EC 9.6505 Public Improvement Standards. EC 9.6500 Easements This section authorizes the City to require dedication of easements for public utilities and access under certain circumstances. As shown on the applicant’s site plan (Cover Sheet, dated February 19, 2020), the applicant proposes to dedicate a 14-foot Public Wastewater Easement within the proposed 28-foot Private Access easement. The applicant also proposes to dedicate August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 14 of 28 a 7-foot PUE along the proposed intersection of Augusta Street and the Private Street. The applicant also proposes to dedicate 7-foot PUEs within Lots 6-8 and Tract A as well as Lots 3-5. Otherwise, Public Works staff is unaware of the need for any additional on-site public easements to address present or future public wastewater or public stormwater needs for development of the area. EC 9.6500 requires that no building, structure, tree or other obstruction shall be placed on or located in a public utility easement and that prior to approval of a final PUD, final site review plans or final plats, the above restriction shall be noted thereon. Therefore, for compliance with this standard the following condition is warranted: • The following restriction shall be noted on the final plat and final PUD plans: “No building, structure, tree or other obstruction shall be placed or located on or in a Public Utility Easement.” Based on the findings and condition above, the proposed PUD complies with EC 9.6500. EC 9.6505 Improvements - Specifications This section requires that all public improvements be designed and constructed in accordance with adopted plans, policies, procedures and standards specified in EC Chapter 7. All developments are required to make and be served by the infrastructure improvements described below. 1) Water Supply: Water service for the proposed development must be provided in accordance with Eugene Water and Electric Board (EWEB) policies and procedures. A referral from EWEB can be seen in Attachment D. In order to ensure compliance with this standard, the following condition of approval is warranted: • Prior to final plat approval, the applicant shall provide documentation that EWEB has received a financial guarantee, ensuring that water will be provided to each lot in the plat. 2) Sewage: This standard requires all developments to be served by wastewater sewage system of the City, in compliance with the provisions of EC Chapter 6. As shown on Sheet C-4.0 of the applicant’s plans, wastewater service to the proposed development is available from a 21-inch public mainline (i.e. segment 3861-12807) located in Augusta Street. As depicted, the applicant proposes to construct a new 8-inch public wastewater mainline located roughly 40 feet north of manhole no. 3861. There are two existing houses located on the development site (i.e. 2321 Augusta Street & 2323 Augusta Street) both of which will remain. The existing service line to Lot 2 (2321 Augusta Street) is located roughly 75-feet north of manhole no 3861. This existing service line crosses over the proposed Lot 1, and the applicant has elected to abandon this existing service line and construct a new service line that will tap directly into the proposed extension of the public wastewater system. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 15 of 28 Based on these findings, the applicant’s proposed wastewater system conceptually complies with applicable sewage specifications, subject to a more detailed review during the subsequent Privately Engineered Public Improvement (PEPI) permit process. 3) Streets and Alleys and 4) Sidewalks: These standards require all public streets and sidewalks in and adjacent to the development site to be paved to the width specified in EC 9.6870, and improved according to adopted standards and specifications pursuant to EC Chapter 7, unless such streets have already been paved to that width. The improvements are to include drainage, curbs and gutters, sidewalks, street trees and streetlights adjacent to the development site according to the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways and standards and specifications adopted pursuant to EC Chapter 7 and other adopted plans and policies. Per the findings at EC 9.6870 Street Width, incorporated herein by reference, Augusta Street is improved to City standards except for street trees. For compliance with this standard, the following condition is warranted: x Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Augusta Street to include street trees. Irrevocable petitions enable the City to initiate a local improvement process and obligate the property owners to pay their proportional share of the street construction costs in the future. The City can complete the improvements when the majority of benefitting property owners agree to pay for the improvements. 5) Bicycle Paths and Accessways: No additional public bicycle paths or access ways are available to connect with, or otherwise required, in this instance. Based on the above findings and as conditioned, the development complies with applicable public improvement standards. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. These standards do not apply because the subject property is not located within any of these designations, per the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) 41039C-1141-F, dated June 2, 1999. (d) EC 9.6710 Geological and Geotechnical Analysis Public Works staff confirms that the applicant’s analysis, prepared by Ronald J. Derrick , P.E. of Branch Engineering Inc., meets the Level One Analysis requirements of EC 9.6710(4)(a), which consists of a compilation of record geological data, on-site verification of the data and site conditions and a report discussing site and soil characteristics in relation to the proposed development and other applicable standards. The report concludes that the site appears to be geologically stable and that no further investigation is needed except to verify soil type and stability August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 16 of 28 in the location of each individual structure and concludes that no further investigation is needed for construction of public improvements. Based on these findings and this condition, the proposed development will comply with this standard. (e) EC 9.6730 Pedestrian Circulation On-Site The proposed development includes pedestrian connections between all building entrances and parking areas to the sidewalk and public right-of-way, Augusta Street. (f) EC 9.6735 Public Access Required. The proposed development complies with this standard as Lots 1 and 8 will have frontage on Augusta Street, while Lots 2-7 will have frontage on the proposed private street. Access to Lot 2 will be taken from an existing driveway, and this existing driveway will encumber both Lots 1 and 2. Because this existing access connection will encumber both Lots 1 and 2, the following condition of approval is warranted: • Prior to final plat approval, the applicant shall submit a Joint Access Easement over Lot 1, which is subject to City review and approval prior to recording with the final plat, shall be cross-referenced on the plat and be accompanied by a maintenance agreement which addresses the rights and responsibilities of each lot relative to the shared driveway. With this condition of approval, the standard for ensuring public access from all proposed lots to Augusta Street is met. The proposed access connections will be subject to further review for compliance with EC Chapter 7 requirements at the time of future permitting and development. (g) EC 9.6750 Special Setback Standards Per the findings at EC 9.6805 and EC 9.6870, incorporated herein by reference, no special setbacks are required for future right-of-way or public utility easements. (h) EC 9.6775 Underground Utilities Per the applicant’s narrative, all existing and proposed utilities will be located underground. To ensure compliance with these standards, the following condition is warranted: x The applicant shall add a note to the final PUD plans that states: “All proposed utilities (including, but not limited to gas, water, electric, telecommunications, and sewer) will be installed underground to the extent required, in accordance with EC 9.6775.” Based on these findings, as conditioned, the proposed development complies with this standard. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 17 of 28  (i) EC 9.6780 Vision Clearance Area Due to the proposal of the creation of a private street, this standard applies to Lots 1 and 8. The applicant’s site plans do not depict a vision clearance triangle at the proposed intersection, therefore the following condition is warranted: x The final PUD plans shall be revised to depict a vision clearance triangle at the intersection of Augusta Street and the proposed private street in accordance with EC 9.6780. Based on these findings, as conditioned, the proposed development complies with this standard. (j) EC 9.6791 through 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. EC 9.6791 Stormwater Flood Control and EC 9.6792 Stormwater Quality: Referral comments from Public Works staff note that the site lies within stormwater basin WKCF-053, and the City’s Basin Master Plan indicates deficiencies in the downstream system. Due to the existing public system being flagged as deficient, the applicant has elected to keep post-construction flow rates lower than the pre-construction flow rates via the stormwater planter and the two rain gardens. As discussed in the applicant’s Stormwater Report, the two proposed rain gardens have been sized in order to treat and detain runoff generated by Lots 3-7. Following treatment and detention the treated runoff will be piped to a 6” storm line within the proposed private street, and from the 6” storm line the runoff will then be piped to the existing 15” public storm line within Augusta Street. The applicant has provided preliminary sizing based indicating the proposed on-site facilities will meet the Stormwater Quality standards. Staff concurs that the proposed filtration facilities are appropriate on a conceptual level, with design details to be further evaluated through the building permit process. EC 9.6793 through EC 9.6796 Stormwater Flow Control, Oil Control, Source Control, Easements: These standards do not apply because the proposed development is at an elevation lower than 500 feet; does not drain to a Headwaters facility; does not generate high concentrations of oil and grease; does not include any specific pollutants of concern identified in EC 9.6795(2); and no public stormwater facilities are proposed. EC 9.6797 Stormwater Operations and Maintenance: the shared stormwater system will be privately owned, operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual. To further implement this standard the following condition is warranted: x The final PUD plans shall be revised to include the following note: “On-site stormwater management facilities will be privately owned and operated. An operation and maintenance plan will be developed consistent with the City’s August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 18 of 28  Stormwater Management Manual, and notice of this plan will be recorded, during the building permit process.” Based on the above findings, condition and subject to future permitting requirements, the stormwater development standards are met. (k) All other applicable development standards for features explicitly included in the application except where the applicant has shown that a proposed noncompliance is consistent with the purposes set out in EC 9.8300 Purpose of Planned Unit Development. This criterion addresses standards for features explicitly included in the application that are not otherwise addressed by the PUD criteria and related standards elsewhere in this evaluation. EC 9.2740-9.2750 Residential Zone Land Uses and Development Standards Proposed Lot 1 and Lots 3 through 5 each propose a single, detached, single-family dwellings. The proposed building layout on applicant’s cover sheet shows conceptual building footprints. The applicant’s Sheet B “Augusta Duplexes,” prepared by William Heady and dated October 17, 2019, shows conceptual elevations for the duplex buildings. Albeit conceptual, the building footprints and elevations are considered features explicitly included in the application. Conceptually, the proposal meets EC 9.2750 Residential Zone Development Standards including building height, interior yard setbacks, and lot coverage. The height of all proposed and existing dwellings is below 35 feet, the maximum height in the R-1 zone. All existing and proposed dwellings are sited at least 5 feet from all proposed lot lines, indicating that at a minimum, the minimum interior yard setbacks of 5 feet will be met. None of the existing or proposed dwellings appear to exceed the 50% lot coverage maximum and the applicant does not seek flexibility to this standard. EC 9.2741(4) requires that when located in the R-1 zone, a proposed duplex shall be either on a corner lot at least 8,000 square feet in size or on a lot that was identified as being developable for a duplex on a subdivision plat. The applicant clearly labels Lots 6 and 7 as duplex lots, consistent with this standard. The applicant proposes non-compliance regarding the following R-1 Residential Zone Development Standards (EC Table 9.2750) and R-1 Residential Zone Lot Standards (EC Table 9.2760). As allowed under this subsection (11)(k), the applicant indicates that the standards listed below are proposed for non-compliance through demonstrating consistency with the PUD purpose statements. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 19 of 28  PUD Noncompliance Code Section Code Requirement Noncompliant Lots EC 9.2750 – Front Yard Setbacks Front lot line 10-foot setback Lots 2—7 EC 9.2760 – Lot Area Minimum 4,500 square feet Lots 3—7 EC 9.2760 – Lot Frontage Minimum 50 feet Lots 3—7 EC 9.2760 – Lot Width Minimum 50 feet Lots 3—7 Findings regarding consistency with the purpose statements are provided below. EC 9.8300 Purpose of Planned Unit Development. The planned unit development (PUD) provisions are designed to provide a high degree of flexibility in the design of the site and the mix of land uses, potential environmental impacts, and are intended to: (1) Create a sustainable environment that includes: (a) Shared use of services and facilities. (b) A compatible mix of land uses that encourage alternatives to the use of the automobile. (c) A variety of dwelling types that help meet the needs of all income groups in the community. (d) Preservation of existing natural resources and the opportunity to enhance habitat areas. (e) Clustering of residential dwellings to achieve energy and resource conservation while also achieving the planned density for the site. (2) Create comprehensive site plans for geographic areas of sufficient size to provide developments at least equal in quality to those that are achieved through the traditional lot by lot development and that are reasonably compatible with the surrounding area. Regarding EC 9.2750 Front Yard Setbacks, EC 9.0500 defines the front lot line as the lot line abutting a public street or in cases of private streets or access easements, the front lot line shall be considered to be the boundary of the private street or access easement. Lot 1 and Lot 8 retain conforming frontages along Augusta Street. Lot 2 takes frontage along the proposed private street. Lot 3 has approximately 8 feet of frontage on the private street and the remaining lots (Lots 4-7) have none. The setback between the existing house on Lot 2 and the private access easement does not meet the 10-foot front yard setback. Proposed non- compliance to EC 9.2750 Front Yard Setbacks is warranted as the application shows that non- compliance provides increased clustering of dwellings while also achieving the designated density of the development site. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 20 of 28 Regarding Lot Area Minimum, Frontage Minimum, and Lot Width Minimum, the applicant is proposing non-compliance on proposed Lots 3-7. The applicant is proposing small lots in order to provide housing units at a higher density than would otherwise be possible through traditional lot-by-lot development. Regarding the applicant’s proposed non-compliance, staff support the request as it meets the PUD purpose statements (c) and (e) through residential clustering and a variety of dwelling types that may help meet the needs of wider income groups in Eugene. Given that the purpose of planned unit development (PUD) provisions is to provide a high degree of flexibility in the design of the site and the mix of land uses and potential environmental impacts, per the findings above the applicant has demonstrated consistency with the purposes of the PUD for the proposed non-compliance. EC 9.6410 Motor Vehicle Parking and Loading Standards The new development associated with the applicant’s proposal will include the construction of a new parking area, making it subject to the standards provided by EC 9.6410 Motor Vehicle Parking Standards. The proposed shared parking area appears designed to accommodate 11 total parking spaces including one Americans with Disabilities Act (ADA) parking stall. Based on the proposal for 10 total dwelling units, the 11 proposed parking spaces is within the minimum and maximum number of allowed parking spaces for one-unit and duplex dwellings. Staff are unsure of the applicant’s intent regarding the existing driveway on Lot 1. Removing the driveway could provide additional vegetated open space. Alternatively, retaining the driveway could provide additional parking for either Lot 1, Lot 2, or both lots. Staff see no requirement to either remove or retain the driveway, and as an informational item recommend indicating on the final PUD plans whether the driveway is to be retained or removed. All proposed parking spaces and drive aisles comply with the applicable required dimensions seen in EC Table 9.6420(1). Additionally, the proposed parking meets the applicable criteria for surfacing and bumpers at EC 9.6420(6) as shown on the applicant’s Cover Sheet, dated February 19, 2020. Staff note that parking area lighting will be required, and that lighting must comply with EC 9.6725 Outdoor Lighting Standards. The site plans are void of any lighting details. To ensure the applicant meets the required standards at the time of development, the following condition is recommended: x Prior to final PUD approval, the applicant shall add the following note to their final PUD site plan: “Parking area lighting shall comply with EC 9.6725 Outdoor Lighting Standards.” The applicant’s landscaping plan, sheet LA-1 provides a preliminary landscaping plan. As discussed at EC 9.8320(3), the applicant’s proposed landscaping reduces from a 7-foot wide buffer to 5 feet which is narrower than the landscape buffer requirement of EC 9.6420(3) August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 21 of 28 Landscaping Standards. As conditioned above at EC 9.8320(3), a 7-foot wide landscaping area meeting the L-3 landscaping standards is required along this frontage (as well as the entire parking area perimeter) to mitigate impacts to neighboring properties. Furthermore, additional details will be needed to meet the requirements of EC 9.6420(3) at the time the applicant moves forward with their project. To ensure compliance, the following condition is recommended: x Prior to final PUD approval, the applicant shall add the following note to sheet LA-1 of their site plan: “Landscaping shall comply with EC 9.420(3) Landscaping Standards.” Otherwise, the applicant shall apply for and be granted an adjustment to EC 9.6420(3) Landscaping Standards. Based on these findings and as conditioned, the proposed development complies with applicable landscape standards. The findings throughout this decision concerning development standards are also incorporated herein as evidence that the features explicitly included in this application comply with applicable development standards to the extent required for Tentative PUD approval, consistent with this criterion. There are no other features explicitly included in the application that are subject to additional review, beyond those addressed elsewhere in this evaluation. Any additional details will be reviewed at the time of building permit as the property is developed. With approval of the applicant’s proposed non-compliance to certain applicable standards, and based on the findings and conditions above, EC 9.8320(11)(k) is met. EC 9.8320(11) - The proposed development shall have minimal off-site impacts, including such impacts as traffic, noise, stormwater runoff and environmental quality. The development will have minimal off-site traffic impacts per the findings provided previously at EC 9.8320(5)(c) and the street standards beginning at EC 9.6800. Given the residential nature of the proposal, it is not anticipated that noise will have negative off-site impacts. Off-site impacts of stormwater runoff are addressed as part of the applicant’s proposed public stormwater collection, conveyance, and treatment system, per the findings under EC 9.8320(10)(j). Per the findings at EC 9.8320(4), adequate protection of environment resources and quality are anticipated for the proposed development. Based on these findings, staff concludes that the proposed PUD will comply with the applicable criterion. EC 9.8320(12) - The proposed development shall be reasonably compatible and harmonious with adjacent and nearby land uses. The applicant’s written statement relies on the concept of transition, in this case between the multi-unit apartment development to the north and flag lot partition to the south, as evidence of reasonable compatibility. Staff note that reasonable compatibility and harmony are rather subjective, and therefore rely on the purpose statement for PUDs at EC 9.8300(2), specifically August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 22 of 28 the intent to create developments that are at least equal in quality to those achieved through traditional lot-by-lot development. In this lot-by-lot development scenario, the proposed duplexes and single-unit dwellings would appear to meet residential development standards except where proposed non-compliance is addressed and recommended for approval above. By clustering the required off-street parking in one parking area, the proposal frees up additional open space which might otherwise contain individual driveways and associated residential improvements. Adjacent land uses as noted above are all listed under the broad category of residential per EC Table 9.2740. Given the similar residential uses, there do not appear to be any inherent conflicts that would keep the developments from being at least reasonably compatible and harmonious. Based on the available information and the findings above, this criterion is met. EC 9.8320(13) - If the tentative PUD application proposes a land division, nothing in the approval of the tentative application exempts future land divisions from compliance with state or local surveying requirements. The applicant is proposing to divide the subject property into 8 residential lots and one tract of common open space. As stated above, nothing in the approval of this Tentative PUD application exempts the future land division application from compliance with state or local surveying requirements. Furthermore, as required by the tentative subdivision approval criteria at EC 9.8515(12), subsequent land division applications must be consistent with the approved PUD. Given the extent of final design details that will be coordinated through the subsequent subdivision application(s) and related permit review processes, staff highly recommends that the applicant submit the final PUD application concurrent with the tentative subdivision application. This will facilitate coordination of those subsequent reviews and various technical details to ensure consistency with the approved tentative PUD, while also enabling a shorter timeline for required land use application reviews. EC 9.8320(14) - If the proposed PUD is located within a special area zone, the applicant shall demonstrate that the proposal is consistent with the purpose(s) of the special area zone. This criterion does not apply because the subject property is not located in a special area zone. EC 9.8320(15) - For property with the /SR Site Review Overlay Zone, the PUD complies with any additional site-specific criteria that were specified at the time the /SR designation was applied to the property. This criterion does not apply because the subject property does not have a /SR overlay. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 23 of 28  STAFF RECOMMENDATION Based on the available information, evidence, and preceding findings of compliance with the Tentative PUD approval criteria at EC 9.8320, staff recommends the Hearings Official approve the Tentative PUD request with the conditions listed below. 1. The applicant shall revise the final PUD site plan to meet the minimum parking area landscape standards at EC 9.6210, or otherwise apply for and be granted an adjustment to the applicable standards. 2. The applicant shall revise the final PUD site plans to designate the 12-inch diameter tree located on Lot 8 as “To Be Preserved.” 3. Prior to final PUD approval, the applicant shall provide a revised Tree Preservation Plan that accurately lists the size, species, and health/condition of each preservation tree and verifies that no more than 30% of the Critical Root Zone (CRZ) of trees to be preserved will be impacted by construction activities. If more than 30% of any CRZ will be impacted, the applicant shall provide a report from a certified arborist verifying that the proposed construction activities can otherwise be conducted in a manner that does not threaten the survival of the trees to be preserved. 4. All building permits for construction on the site shall include a site plan in compliance with the approved tree preservation plan. The building permit submittal shall include sufficient detail to verify that no more than 30% of the Critical Root Zones (CRZ) of trees to be preserved will be impacted by construction activities on the lot, or a report from a certified arborist verifying that the proposed construction activities can otherwise be conducted in a manner that does not threaten the survival of the trees to be preserved. The building permit shall include tree protection fencing to be erected at the perimeter of the CRZ’s for all trees to be preserved (or an alternative location as approved and documented by a certified arborist and the City). 5. Protective fencing for trees identified to be preserved shall be inspected and approved by the City prior to beginning any construction related activities. All protective tree fencing shall remain in place until completion of all construction activities; any relocation or removal of the protective fencing shall only occur under the direction of a certified arborist or with approval by the City. 6. Prior to final PUD approval, the applicant shall provide a revised planting plan that substantially conforms to the tentatively approved plan and reflects the changes required by the conditions of this tentative PUD approval. The revised planting plan shall include a note stating that: “Replacement trees shall be native species and have a minimum caliper of 2” for deciduous trees and a minimum height of 5’ for coniferous or evergreen trees. Planting and inspection by City staff shall occur before final occupancy of any new dwellings is permitted on the lot where the tree will be planted. Watering August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 24 of 28  and general maintenance of replacement trees shall be conducted by the property owner in manner that ensures their establishment and long-term survival.” 7. Prior to final plat approval, a street name shall be submitted for review by the regional road naming group and be approved in accordance with EC 9.6855. The private street shall be labeled on the final plat and final PUD site plans as “Street Name - Private”. 8. The applicant shall revise the final PUD site plans to depict the proposed private street as complying with the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, including the required curbs. 9. Prior to final plat approval, the applicant shall submit a Private Joint Use Access and Utility Easement and Maintenance Agreement (JAM). The JAM will include a description defining the area of the private street and will also identify permitted improvements, construction expectations, rights of usage and maintenance responsibilities for the facilities in the street. The JAM will be recorded concurrent with and cross-referenced on the final plat. 10. Provisions for public emergency access easement within the private street may be included in the proposed JAM which creates the private street, or alternatively may be dedicated as a Public Emergency Access Easement on a standard City form. 11. The applicant shall revise the final PUD site plan to clearly show the area of the proposed private street. The applicant shall include a note on the final PUD site plan with calculations demonstrating that the proposal complies with the net density standard. 12. The following restriction shall be noted on the final plat and final PUD plans: “No building, structure, tree or other obstruction shall be placed or located on or in a Public Utility Easement.” 13. Prior to final plat approval, the applicant shall provide documentation that EWEB has received a financial guarantee, ensuring that water will be provided to each lot in the plat. 14. Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Augusta Street to include street trees. 15. Prior to final plat approval, the applicant shall submit a Joint Access Easement over Lot 1, which is subject to City review and approval prior to recording with the final plat, shall be cross-referenced on the plat and be accompanied by a maintenance agreement which addresses the rights and responsibilities of each lot relative to the shared driveway. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 25 of 28  16. The final PUD plans shall be revised to depict a vision clearance triangle at the intersection of Augusta Street and the proposed private street in accordance with EC 9.6780. 17. The applicant shall add a note to the final PUD plans that states: “All proposed utilities (including, but not limited to gas, water, electric, telecommunications, and sewer) will be installed underground to the extent required, in accordance with EC 9.6775.” 18. The final PUD plans shall be revised to include the following note: “On-site stormwater management facilities will be privately owned and operated. An operation and maintenance plan will be developed consistent with the City’s Stormwater Management Manual, and notice of this plan will be recorded, during the building permit process.” 19. Prior to final PUD approval, the applicant shall add the following note to their final PUD site plan: “Parking area lighting shall comply with EC 9.6725 Outdoor Lighting Standards.” 20. Prior to final PUD approval, the applicant shall add the following note to sheet LA-1 of their site plan: “Landscaping shall comply with EC 9.420(3) Landscaping Standards.” Otherwise, the applicant shall apply for and be granted an Adjustment to EC 9.6420(3) Landscaping Standards. Hearings Official Decision Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this Type III application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. If no appeal is received, the decision will become effective on the 13th day after the date the decision was mailed. August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 26 of 28  INFORMATIONAL ITEMS AND ATTACHMENTS The following informational items are provided for the applicant’s benefit: x While the proposed development on Lot 1 appears to be located outside of the conservation setback, careful attention should be taken to ensure that development activity does not impact significant trees existing just to the north of the development site, to avoid any encroachment or impact that may violate the applicable overlay zoning. x Staff recommend indicating on the final PUD site plans the development intent regarding the existing driveway on proposed Lot 1, to designate whether the driveway is to be retained or removed. For further information, contact Rodney Bohner at 541-682-5437; RBohner@eugene-or.gov x Per EFC 507.5.1, hydrants shall be placed such that all portion of proposed buildings shall be within 600 feet of such hydrants, as measured by an approved route around the exterior of the building. It appears that the proposal does not meet this requirement and a new hydrant will be required. These water supply requirements will be reviewed at the time of building permit application. x “No Parking Fire Lane” signs will be required along the apparatus access road and emergency vehicle turnaround. x If the Eugene/Springfield Fire Marshal (or the Fire Marshal’s designee) determines that there is inadequate water supply, apparatus access, or both, to the site for the development of single-family dwellings that will be subject to the Oregon Residential Specialty Code, the Eugene Building Official’s designee) may require compliance with one or more of the fire suppression of fire containment Uniform Alternate Construction Standards set out at OAR 9180480-0125(4) and (5). For more information regarding the item above, contact Eric Phillips-Meadow, Deputy Fire Marshal, Eugene-Springfield Fire, at 541-780-4048; EPhillipsMeadow@eugene-or.gov x An Engineering and Construction agreement is required for the private construction of public improvements and must be submitted when the construction plans are submitted for review and approval. The configuration and size of the public improvements shall further be subject to approval by the City Engineer upon review of the design and supporting analysis prepared by the applicant’s engineer. x The structural design and construction inspection for the private street will remain the developer’s responsibility. Certification by a licensed engineer that a structural August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 27 of 28  design meeting the public standards has been completed, must also be submitted at the time of the site development permit for the private street. x An approved and issued Erosion Prevention Permit will be required prior to any construction activity on the site. For further information, contact Nathan Scheib, Public Works, at 541-682-5264; NScheib@eugene-or.gov x The Eugene Water and Electric Board (EWEB) has provided a referral which lists informational items and that states several items will be required prior to the provision of electric, water, and/or fiber services from EWEB. While not items which must be addressed for approval under the Eugene Code, the items are no less important and are certainly applicable. The referral (including staff contact information) is included as Attachment D for ease of reference. Attachments The following attachments are also provided for ease of reference: Attachment A: Vicinity Map Attachment B: Zoning Map Attachment C: Applicant’s Site Plan Attachment D: EWEB Referral Comments The Hearings Official will receive a full set of record materials for review prior to the public hearing. The application materials will also be made available to any interested parties electronically or in hardcopy format, upon request. As a courtesy, these materials may also be available on the City’s website at: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=PDT-19-0002 For more information, please contact Rodney Bohner, Associate Planner, Planning Division, at: (541) 682-5437; or by e-mail, at: RBohner@eugene-or.gov August 2020 Compeau PUD (PDT 19-2) | Staff Report Page 28 of 28  Vicinity Map Compeau PUD (PDT 19-2) Attachment A AUGUSTA ST MOON MOUNTAIN D R Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Created on 8/26/2020 by City of Eugene Planning Division ^ 0 25 50 Ft 100 N  Zoning Map Compeau PUD (PDT 19-2) Attachment B AUGUSTA ST R-1 MOON MOUNTAIN D R PL Subject Property Caution: This map is based on imprecise source data, subject to Zone Overlays change, and for general reference only. PL Public Land Created on 8/26/2020 R-1 Low-Density Residential by City of Eugene Planning Division Taxlots ^ 0 25 50 Ft 100 N Attachment C  Eugene Water & Electric Board Attachment D 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 August 19, 2020 City of Eugene Planning Division Attn: Rodney Bohner 99 W 10th Ave. Eugene, OR 97401 Re: PDT-19-2 2321 and 2323 Augusta St. Dear Rodney, EWEB staff has reviewed the Land Use Referral: PDT-19-2 2321 and 2323 Augusta St. Map: 18-03-04-14, TL 00700, 00800, and have no objections to the proposed land-use action assuming the following comments and conditions are required to be addressed by the applicant prior to obtaining electric, water, and/or Fiber services from EWEB. General Comments: Utility services for development are provided in accordance with EWEB policies and procedures which are available at our main office or online at http://www.eweb.org/policies. Electric Comments: EWEB has overhead electric facilities on the west side of the property.The overhead electric service to the existing outbuildings cross over Lot 1 for the benefit of lot 2 and Lot 5. In accordance with EWEB policies and procedures, electric facilities extending across tax lots to serve adjacent properties will require easement. Prior to recording the final plat, the applicant shall provide EWEB with a 5’ wide PUE or EWEB Utility Easement centered on the overhead facility or contact EWEB to have the service removed or relocated. EWEB Pole 9562 located on the west side of development, near driveway. If pole is found to be in conflict with driveway and relocation is needed the cost is to be borne by customer. An electric service extension is required to serve Lots 1, 3 and 4. Extension of electric facilities will be designed to meet the City of Eugene Utility Permitting ordinances, land use ordinances, EWEB standards, and other applicable codes. The cost of facility relocation and extension to these parcels will be borne by the requesting customer and executed under EWEB policies and procedures at the time request for electric service is made. The applicant or their representative should initiate a design with EWEB electric by contacting Distribution Engineering at 541-685-7521 or DistributionEngineering@eweb.org to confirm these easement and design needs. Applicant to contact City Fire Marshal to determine location, size and other requirements of fire lane. Land Use: PDT-19-2 2321 and 2323 Augusta St. Page 1 of 3  Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 Electric comments or questions can be directed to: Roxy Satterfield Distribution Engineering Technician III Eugene Water & Electric Board Office/fax 541-685-7166; roxy.satterfield@eweb.org Water Comments: There is an existing 6" water main on west side of Agusta Street, each parcel is currently served. Contact EWEB's Building & Renovation Services Department at (541) 685-7086 for additional services as needed. EWEB Water recommends the developer contact the Fire Marshall concerning fire protection requirements for building permits. EWEB water does not allow installation of any water facilities under proposed "rain gardens" or any open drainage structure within the right-of-way. Provisions within the design must be made to accommodate the installation of water facilities (services & hydrants) at common lot corners. A minimum 5' wide "utility corridor" at service crossing and hydrant locations is required. State Drinking Water regulations (OAR 333-061-0050(10)) require a minimum separation between water and sewer lines of 10' where they run parallel to each other, unless the sewer line is located with 1.5' of clearance lower than the water line then the required separation is 5'. EWEB owned water facilities will be located in the right-of-way, or in a minimum 7' public utility easement (PUE) adjacent to the public right-of-way, or in a minimum 14' PUE when not adjacent to public right-of-way. Water comments or questions can be directed to: Bill Johnson Water Engineering Technician IV Eugene Water & Electric Board Office/Fax 541-685-7377; bill.johnson@eweb.org Right-of-Way Comments: The “Proposed 28.00’ Joint Access and Utiliy Easement” is not adequate for EWEB electric facilities. Easements must be either Public Utility Easements or EWEB Easements if they are to accommodate EWEB’s electrical system. An easement for the existing electric service across proposed Lot 1 serving the existing development on proposed lots 2 and 5 is required unless the service is relocated prior to the final plat. Because a Public Utility Easement (PUE) is designated on the plat, the plat should include the customary Note for PUEs: “No building, structure, trees, shrubbery or other obstruction shall be placed or located on or in a public utility easement.” If an EWEB Easement is designated on the plat, a separate EWEB Easement document will need to be created by EWEB Property Management. This document will be recorded with the Plat. In addition, if an EWEB Easement is designated on the plat, EWEB requests that a Note be added to the plat stating: “EWEB easements shall include EWEB and its joint users with Land Use: PDT-19-2 2321 and 2323 Augusta St. Page 2 of 3  Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 whom it may contract. At no time shall any building, structure, sign or other obstruction be erected or placed or located within an EWEB utility easement area without prior written consent of EWEB.” Right-of-Way comments or questions can be directed to: Rafael Sebba Right-of-Way Agent Eugene Water & Electric Board Office/Fax 541-685-7710; rafael.sebba@eweb.org As always, EWEB recommends property owners and contractors call for locates before digging for installation of any underground supports to verify that no utility facilities will be affected by this construction. Sincerely, Rich Fatooh Wallace McCullough Distribution Engineering Supervisor Water Engineering Supervisor Eugene Water & Electric Board Eugene Water & Electric Board (541) 685-7596 (541) 685-7435 richard.fatooh@eweb.org wallace.mccullough@eweb.org Land Use: PDT-19-2 2321 and 2323 Augusta St. Page 3 of 3