Hearings Official Public Hearings

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/406/hearings-official Virtual Meeting (Via Zoom) The Eugene Hearings Official welcomes your interest in these agenda items. Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of COVID-19, this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the next page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72- hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72- hour notice. These services may not be available during the Planning Commission meeting based on service availability but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. WEDNESDAY, JUNE 16, 2021 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING ON THE WALNUT SPRINGS PUD APPLICATION Description: Tentative Planned Unit Development (PDT) request to create a 57 unit multi-family complex, with a concurrent Adjustment Review (ARA) to adjust standards for: frontyard setbacks along Everest Loop - EC 9.5500(4); setback sidewalks along Everest Loop - EC 9.5500(11)(d); and internal parking circulation - EC 9.5500(11)(b)(2). This is a “Needed Housing” application. File Name (#): Walnut Springs (PDT 20-3 & ARA 20-27) Location: Northwest Corner of Barger Drive & Century Drive Assessor’s Map / Tax Lot: 17-04-15-34 / 00202 Applicant’s Representative: Teresa Bishow, Bishow Consulting LLC Lead City Staff: Jeff Gepper, Senior Planner, 541.682.5282, JGepper@eugene-or.gov [See next page for public hearing format and participation instructions] Page 1 of 37 PUBLIC HEARING FORMAT 1. Staff introduction/presentation 2. Public testimony from applicant. 3. Testimony from the public. Due to the virtual meeting platform, the order of speakers will be based on order that persons request to speak (raise virtual hand), as opposed to the order specified under EC 9.7625. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. 4. Staff response to testimony. 5. Questions from Hearings Official. 6. Rebuttal testimony from applicant. 7. Closing of public hearing. 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 public comment period. To be notified of the Hearings Official’s decision, state your name and address during the public testimony portion of the public hearing or contact the lead City staff noted above. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. HOW TO ACCESS THE MEETING To be able to participate in Public Comment join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://zoom.us/j/95235347161 Sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 952 3534 7161 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/adOYOpL5aB Sign up to speak by dialing *9 (Star-9) Page 2 of 37  The 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 / Minor Adjustment Review File Name (Number): Walnut Springs PUD (PDT 20-3 / ARA 20-27) Owner/ Applicant: Walnut Springs LLC Applicant’s Representative: Teresa Bishow, Bishow Consulting LLC Lead City Staff: Jeff Gepper, Senior Planner Relevant Dates: Application Submitted: December 22, 2020 Deemed Complete: May 04, 2021 Public Hearing: June 16, 2021 Subject Property Location: West of Century Drive between Riviera and Barger Drive Map No. / Tax Lot(s): 17-04-15-34 / 00202 Application Summary The applicant is requesting approval of a Planned Unit Development (PUD) and concurrent Minor Adjustment Review (ARA) for a 57-unit apartment complex with associated landscaping, private streets, parking areas, and other amenities. Based on the findings enclosed within this staff report, staff recommends the application be approved with conditions. 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. Staff reports are available seven days prior to the public hearing (see EC 9.7320). 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 typically 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. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 3 of 37 Application Details & Procedure The applicant is requesting approval of a Needed Housing Tentative Planned Unit Development (PUD) application, as well as a Minor Adjustment Review application. The applicant proposes the construction of 56 2-bedroom, 2-bath units, as well as an additional dwelling for the on-site manager. The 56 units will be located within 8 six-plex buildings, 2 four-plex buildings, and one administrative office and dwelling. The proposal also includes off-street parking, landscaping, 2 trash receptacle areas, and pedestrian amenities. The subject property is approximately 3.83 acres in size, located between Barger Drive and Riviera, west of Century Drive. The subject property, Tax Lot 202 of Assessor’s Map 17-04-15- 34, is currently undeveloped, with the exception of private streets (Fuji Lane and Everest loop) that had been installed for a previous development that never materialized. The private streets are connected to the existing housing development to the west. However, the applicant proposes bollards in Everest Loop to mitigate traffic from the development using the private streets to the west. The lot has frontage on Barger Drive, Century Drive, and Riviera. The lot currently has two access connections onto Riviera, but the proposal includes closing the westernmost access (Fuji Lane) and putting in a new access connection on Century Drive. As part of the applicant’s PUD proposal, the applicant also requests several adjustments, which are summarized below and discussed in greater detail in the Adjustment Review Evaluation after the PUD evaluation. Adjustment Review Requests: 1. Front Yard Setbacks (EC 9.5500(4)): The applicant requests an adjustment to the minimum front yard setback to be less than the 10-foot minimum along the internal private street, Everest Loop. 2. Parking Drives (EC 9.5500(11)(b)2.): The applicant requests an adjustment to the multi- family standards to allow for driveway entrances on Riviera and Century Drive, which permits through traffic movement. 3. Setback Sidewalks (EC 9.5500(11)(d)): The applicant requests an adjustment to the setback sidewalk requirement along the internal private street, Everest Loop. The property’s land use designation is Medium Density Residential in both the Metro Plan and the Bethel-Danebo Refinement Plan. The property is zoned R-2 Medium-Density Residential with a /PD Planned Unit Development Overlay Zone. A map of the subject property and proposed site plan can be seen in Attachments A and B. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 4 of 37 Timing, Notice, and Testimony Project Consultation as required March 9, 2020 and under EC 9.7005 September 3, 2020 Application Application Submitted December 22, 2020 Timeline Deemed Complete May 04, 2021 Public Notice (EC 9.7315) May 17, 2021 Public Hearing June 16, 2021 Testimony As of the publication of this report, two pieces of written testimony have been received regarding this proposal. However, one piece of testimony is regarding upkeep of the lot currently and is not related to the proposed development nor an approval criterion. Therefore, it is not further addressed within this staff report. The other piece of testimony from Tom Trainer, a neighbor, requests a traffic study and questions the definitions of needed housing. Firstly, a Traffic Impact Analysis (TIA), the City’s version of a traffic study, is only triggered through thresholds set within Eugene Code section 9.8670. The proposed development does not meet any of the thresholds, therefore a TIA cannot be required for this development. Further, the City cannot require a TIA for an application that is categorized as “needed housing” due to the requirement for clear and objective approval criteria. As it pertains to “needed housing,” this is discussed in detail under the approval criterion EC 9.8325(1). To briefly summarize, “needed housing” is a defined by the State of Oregon within the Oregon Revised Statutes and the proposed development meets this definition. Thusly, the applicant has applied for a PUD under the “needed housing” track, which is subject to clear and objective approval criteria. Any further response to this testimony can be found within the PUD and Adjustment Review evaluation below. If any further written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. 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 addressed in the context of applicable approval criteria and standards in the following evaluation. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 5 of 37 Planned Unit Development 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. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed PUD is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the PUD request, staff’s findings in response to each of the criteria are provided below. EC 9.8325(1): The applicant has demonstrated that the proposed housing is needed housing as defined by state statutes. The definition of needed housing is as follows: (1) As used in ORS 197.307, “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban Development under 42 U.S.C. 1437a. “Needed housing” includes the following housing types: a) Attached and detached single-family housing and multiple family housing for both owner and renter occupancy; b) Government assisted housing; c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and e) Housing for farmworkers. The applicant states that the proposal is for multi-family housing, which includes 57 total dwellings in 11 buildings. As the statutory definition includes the type of housing proposed by the applicant (see (1)(a) above), no additional analysis is necessary to demonstrate that the application can be reviewed under the needed housing criteria. Based on the available information and findings above, this criterion is met. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 6 of 37  EC 9.8325(2): The proposed land uses and densities within the PUD are consistent with the land use designation(s) shown on the comprehensive plan diagram, as refined in any applicable refinement plan. The property’s land use designation is Medium Density Residential in both the Metro Plan and the Bethel-Danebo Refinement Plan. The property is zoned R-2 Medium-Density Residential with a /PD Planned Unit Development Overlay Zone. The proposed PUD includes a gross density of 15 units per acre (57 dwellings on 3.83 acres). As such, this is consistent with the Medium Density Residential plan designation which requires a range of 10 to 20 dwelling units per acre. Therefore, the proposal is consistent with the plan designation and this criterion is met. EC 9.8325(3): The PUD provides a buffer area between the proposed development and surrounding properties by providing at least a 30 foot wide landscape area along the perimeter of the PUD according to EC 9.6210(7). The applicant has provided a 30 foot wide landscaped area on the west side of the proposed development. All other sides of the development abut a public street and the 30-foot buffer is not required. Based on these findings, this criterion is met. EC 9.8325(4): For areas not included on the city’s acknowledged Goal 5 inventory, the PUD preserves existing natural resources by compliance with all of the following: (a) The provisions of EC 9.6880 to EC 9.6885 Tree Preservation and Removal Standards, (not subject to modifications set forth in subsection (11) below). (b) Natural resource areas designated on the comprehensive plan diagram as “Natural Resource” are protected. This criterion applies because the subject property is not included on the City’s acknowledged Goal 5 inventory. There are no areas designated as natural resources as noted in subsection (b), so only subsection (a) applies in this case. Per the Applicability of Tree Preservation and Removal Standards at EC 9.6882, the Tree Preservation and Removal Standards at EC 9.6885(2) apply to “To all subsequent actions impacting trees on property subject to an approved conditional use permit, planned unit development, site review, or subdivision that includes a tree removal/preservation plan or conditions related to tree removal or preservation.” Since the applicant proposes a PUD that would impact trees, the standards at EC 9.6885(2) apply and are as follows: EC 9.6885(2) Tree Preservation and Removal Standards. No permit for a development activity subject to this section shall be approved until the applicant submits plans or information, including a written report by a certified arborist or licensed landscape architect that demonstrates compliance with the following standards: (a) The materials submitted shall reflect that consideration has been given to preservation in accordance with the following priority: Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 7 of 37  1. Significant trees located adjacent to or within waterways or wetlands designated by the city for protection, and areas having slopes greater than 25%; 2. Significant trees within a stand of trees; and 3. Individual significant trees. (b) If the proposal includes removal of any street tree(s), removal of those street trees has been approved, or approved with conditions according to the process at EC 6.305 Tree Felling Prohibition. The site is currently vacant, with the exception of private streets that had been installed in anticipation of a development that did not come to fruition. The site largely consists of grass and low growing vegetation, with the exception of seven trees that are on the subject property near the Barger Drive sidewalk. 3 of these trees are below 8-inches diameter at breast height (DBH) and are not regulated by the City. One tree over 8-inches DBH is proposed to remain. Due to the proposed development, three trees will either need to be removed or will be technical fells due to the percentage impact to their critical root zone. The applicant submitted a Tree Preservation and Removal Plan (Sheet TR-1) prepared by David Dougherty, Certified Landscape Architect. Landscape plan sheets LA-1 through LA-3 further demonstrate that the site will be sufficiently replanted with vegetation and trees. The applicant’s proposal includes the removal of two street trees to accommodate the new access connection along Century Drive. To ensure that the necessary permits are received, as required by Eugene Chapter 6, the following condition is warranted: 1. Prior to the removal of any street trees, the applicant shall acquire any necessary street tree removal permit(s) as required by Eugene Code Chapter 6. Based on these findings and condition, this criterion is met. EC 9.8325(5): There shall be no proposed grading on portions of the development site that meet or exceed 20% slope. The site is flat, and no portion of the site contains slopes greater than or equal to 20%. Therefore, this criterion does not apply. EC 9.8325(6): The PUD provides safe and adequate transportation systems through compliance with all of 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 (11) below). EC 9.6805 Dedication of Public Ways Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 8 of 37 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. As discussed under EC 9.6810 – 9.6875, there is no requirement for additional right-of-way as a condition of this development. EC 9.6810 Block Length The block length requirements are inapplicable in this instance because no new streets are proposed or required. EC 9.6815 Connectivity for Streets The street infrastructure surrounding the subject property is fully developed with a complete network of public streets, alleys and adequate right-of-way for sidewalks, meeting the basic requirements of street connectivity. There are no undeveloped or partially developed properties to which additional streets must be extended, nor are any additional street connections or extensions of any kind required. This standard is met. EC 9.6820 Cul-de-Sacs and Turnarounds The application does not include any of the scenarios that would require a cul-de-sac or turnaround. Therefore, these standards do not apply. EC 9.6830 Intersections of Streets and Alleys These standards do not apply because no new streets or alleys are proposed or required. EC 9.6835 Public Accessways This standard is not applicable as there are no existing or potential accessways on adjacent sites that dictate the dedication or construction of a public accessway through the proposed development. The applicant proposes connections to the existing public accessway running along the western side of the subject property. EC 9.6840 Reserve Strips This standard does not apply because the proposed development will not result in any of the conditions that would require a reserve strip. EC 9.6845 Special Safety Requirements These standards are not applicable to needed housing applications. EC 9.6850 Street Classification Map This standard does not apply because no new streets are proposed or required. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 9 of 37  EC 9.6855 Street Names This standard does not apply because no new streets are proposed or required. The private street names were already generated during the previous land use approval. EC 9.6860 Street Right-of-Way Map The proposal does not amend the right-of-way map. This criterion is not applicable. EC 9.6865 Transit Facilities These standards do not apply to needed housing applications. However, the development site is adjacent to Barger Drive and has transit stops located along the Barger Drive frontage. EC 9.6870 Street Width The site is adjacent to Riviera Street to the north, Century Drive to the east, and Barger Drive to the south. Riviera Street and Century Drive are both classified as local streets and are improved with a paving width of 28 feet within 55-foot rights-of-way. Barger Drive is classified as a minor arterial street. The adopted right-of-way map, Figure 61 in the Arterial and Collector Street Plan, calls for an 80-foot right-of-way width for Barger Drive (40 feet from center line). The right-of-way width measured from center line adjacent to the site is 40 feet, with a 46-foot paving width. All streets meet the widths identified in EC 9.6870 and the adopted right-of-way map. EC 9.6873 Slope Easements This standard does not apply because no public streets are proposed or required. EC 9.6875 Private Street Design Standards The applicant proposes modifications to the existing private streets within the development site. There are no Public Works concerns related to proposed modifications of Everest Loop. The elimination of the Fuji Lane connection to Riviera Street will necessitate restoration to full- height curb. Therefore, Public Works staff notes the following informational item: Full-height curb will be required in Riviera Street as part of the building permit process. (b) Provision of pedestrian, bicycle and transit circulation among buildings located within 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. All buildings within the development are connected with a series of pedestrian walkways. These pedestrian walkways connect throughout the development site to public sidewalks, as well as an interconnected trail system throughout the larger Bethel-Danebo Development Node. The Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 10 of 37 internal driveways connect to the surrounding street network and bicycle lanes, providing connectivity for bicycles and vehicles. These provide access to surrounding uses, which include residential development, parks, commercial development, medical services, and other uses in the surround area. There are additional amenities within 2 miles, including transit stops and a large commercial center on Barger Drive. Existing bike lanes on Barger Drive also allow bicycles to access these amenities. Based on these findings, this requirement is met. (c) The street layout of the proposed PUD shall disperse motor vehicle traffic onto more than one public local street when the PUD exceeds 19 lots or when the sum of proposed PUD lots and the existing lots utilizing a local street as the single means of ingress and egress exceeds 19. This standard has been evaluated by the Land Use Board of Appeals (LUBA No. 2016-024). Based on LUBA’s final order this standard cannot be applied to needed housing applications. EC 9.8325(7): The PUD complies with all of the following: (a) EC 9.2000 through 9.3980 regarding lot dimensions and density requirements for the subject zone. Within the /WR Water Resources Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by 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. No new lots are proposed as part of this development. The existing lot meets the lot dimension standards for the R-2 Medium Density Zone. The proposed PUD includes a gross and net density of 15 units per acre (57 dwellings on 3.83 acres). For net density purposes the code requires exclusion of public streets and amenities, which is why the net and gross density are the same. Even if the private street is excluded from the land area total, the resulting net density is 18 units per acres (57 dwellings on 3.09 acres). Therefore, the development complies with the minimum and maximum density, 13 and 28 dwelling units per acre respectively, of the R-2 Medium Density zone. No portion of the site is zoned with the /WR or /WQ overlay zones. Therefore, these standards are met. (b) EC 9.6500 through 9.6505 Public Improvement Standards. This section authorizes the City to require dedication of easements for public utilities and access under certain circumstances. The applicant does not propose any public easement dedications, nor are there any public improvements that would result in the need for additional Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 11 of 37 public easements on the subject property. Based on these findings, the development complies with these standards. EC 9.6505 Improvements – Specifications This section requires that all public improvements be designed and constructed in accordance with adopted plans and policies, the procedures specified in EC Chapter 7, and standards and specifications adopted pursuant to EC Chapter 7. The public improvement standards in EC Chapter also require the developer to enter into an agreement establishing installation and maintenance responsibilities for street trees in accordance with the standards in EC 7.280. Additionally, all developments are required to be served by and implement infrastructure improvements including water, sewage, streets, street trees, street lights, sidewalks, access ways, and stormwater drainage. 1) Water Supply Water service for the proposed development must be provided in accordance with Eugene Water and Electric Board (EWEB) policies and procedures. See attached letter from EWEB in Attachment C. 2) Sewage This standard requires all developments to be served by wastewater sewage systems of the City, in compliance with the provisions of EC Chapter 6. Public 8” diameter wastewater lines are within all rights-of-way adjacent to the site. The applicant proposes to connect to the service line extended to the site from a manhole (MH 15771) in Riviera Street, which complies with applicable standards. 3) Streets and Alleys and 4) Sidewalks Per EC 9.6505(3)(a) and (b), all streets in and adjacent to the development site shall 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 & gutters, sidewalks, street trees an street lights 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, Riviera Street, Century Drive, and Barger Drive meet the specified paving and right-of-way widths. All streets are improved with paving, curb and gutter, and street trees, however Riviera Street and Century Drive lack street lights. To ensure full improvements within Riviera Street and Century Drive, Public Works staff recommends the following condition of approval: 2. The applicant shall submit an irrevocable petition for improvements within Riviera Street and Century Drive to include street lights. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 12 of 37 Public Works staff also notes the following informational item: Enhanced Pedestrian Spaces shown on landscape plans should be placed on private property. Placement within public right- of-way could trigger the need for a revocable permit, evaluated concurrently with the building permit process. Based on the above findings and condition, the development will comply with these standards. 5) Bicycle Paths and Accessways No bicycle paths or public access ways are required per the previous findings at EC 9.6835, which are incorporated by reference. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas – Standards. The development site is not located within a Special Flood Hazard Area as mapped by the Federal Emergency Management Agency (FEMA) per Flood Insurance Rate Map 41039C-1108-F. (d) EC 9.6710(6) Geological and Geotechnical Analysis. In accordance with EC 9.6710(6), Ronald Derrick P.E., Geotechnical Engineer, concluded that the proposed development will not be adversely impacted by any of the situations referenced at EC 9.6710(6)(a). Therefore, this standard is met. (e) EC 9.6730 Pedestrian Circulation On-Site. The applicant states that all pedestrian circulation on site will meet the Americans with Disability Act (ADA) standards and will provide ADA accessible routes from the public right-of- way to each building, as required by EC 9.6730(2) and (3). This is further demonstrated on the applicant’s site plan sheet C3, which shows that each building is directly connected to the series of interconnected sidewalks throughout the site. Therefore, these standards are met. (f) EC 9.6735 Public Access Required. EC 9.6735 Public Access Required. (1) Except as otherwise provided in this land use code, no building or structure shall be erected or altered except on a lot fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in this land use code. The site has frontage on Riviera Street, Century Drive, and Barger Drive. The proposed development complies with this standard. (2) Access from a public street to a development site shall be located in accordance with EC 7.420 Access Connections – Location. If a development will increase the development site’s peak hour trip Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 13 of 37  generation by less than 50% and will generate less than 20 additional peak hour trips, the development site’s existing access connections are exempt from this standard. Proposed access connections will comply with these standards, per the following findings: • In accordance with EC 7.420(1)(a), there are no conflicts with municipal utilities shown at the location of the proposed access connections. • The standard at EC 7.420(1)(b) is not applicable as the adjacent street grades are less than 15%. • In accordance with EC 7.420(1)(c), all access will be taken to the lower classified, local streets (Century and Riviera). No access to Barger Drive, classified as a minor arterial street, is proposed. • The standard at EC 7.420(1)(d) is not applicable because proposed access connections are not adjacent to an alley. • The standards at EC 7.420(2) are not applicable because no access to an arterial or major collector street is proposed. As an informational item, staff notes that access connection design will be further reviewed for consistency with applicable specifications, standard City drawings, and potential street tree conflicts during future permit processes. Based on these findings, these standards for Public Access, EC 9.6735, are met. (g) EC 9.6750 Special Setback Standards. As discussed under EC 9.8325(6)(a) above, incorporated herein by reference, there are no special setbacks required for this development. Therefore, these standards do not apply. (h) EC 9.6775 Underground Utilities. The applicant states that all utilities will be located in accordance with EC 9.6775. This standard will be further implemented at the time of building permit application. (i) EC 9.6780 Vision Clearance Area. No development is proposed with the identified Vision Clearance Areas, which the applicant has shown on site plan sheet C-3. Based on the landscaping plans shown on sheets LA1 through 3, the proposed landscaping will comply with standards in EC 9.6780. Therefore, this standard is met. (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. A Stormwater Report prepared by i.e. Engineering Inc. dated February 8, 2021, addresses site conditions and proposed stormwater facilities to address the applicable Stormwater Development Standards as discussed below. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 14 of 37 EC 9.6791 Stormwater Flood Control and EC 9.6792 Stormwater Quality – There are no identified capacity issues noted in the downstream public system. Filtration facilities are proposed because of infiltration limiting conditions on the site. Staff concurs that these facilities are appropriate on a conceptual level, with design details to be further evaluated through building permit process. EC 9.6793, EC 9.6794, EC 9.6796 Stormwater Flow Control, Oil Control, Easements – 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; and no public stormwater facilities are proposed. Therefore, the standards at EC 9.6793, EC 9.6794, and EC 9.6796 do not apply. EC 9.6795 Stormwater Source Controls, requires solid waste storage areas, as defined in EC 9.6795(2)(c), to be covered, placed on a paved surface, hydraulically isolated and connected to a wastewater drain in conformance with the Stormwater Management Manual. The stormwater report confirms that solid waste storage areas (trash enclosures) will meet these standards, which will be further evaluated for compliance at the time of building permit. EC 9.6797 Stormwater Operations and Maintenance applies to all facilities designed and constructed in accordance with the stormwater development standards. This section also specifies when, and under what conditions, the public will accept functional maintenance. Consistent with these standards, the applicant proposes private operation and maintenance of the on-site stormwater management facilities. Staff also notes the following informational item: An operation and maintenance plan consistent with the City’s Stormwater Management Manual requirements will be reviewed, and notice of this plan will be recorded, during the building permit process. With the findings and future permit requirements noted above, staff finds that this criterion is met. EC 9.8325(8): The applicant has demonstrated that wastewater service, transportation service, stormwater service, water service, and electrical service will be provided to the site prior to the need for those facilities and services. Where the facility or service is not already serving the site, this demonstration 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 concurs that adequate public utilities and services are available to the site. Findings at EC 9.8325(7)(b) regarding public improvements are incorporated herein by Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 15 of 37 reference as further evidence that these services are available to the site. Given these findings, the proposal is in compliance with this criterion. The provision of water and electric services and other utilities is subject to review by EWEB or other utility providers. Referral comments provided by EWEB are included as Attachment C for ease of reference. Based on the above findings, this criterion is met. EC 9.8325(9): All proposed dwellings within the PUD are within 1/4 mile radius (measured from any point along the perimeter of the development site) of an accessible recreation area or open space that is at least 1 acre in size and will be available to residents. The development site is within ¼ mile (1,320 feet) of Empire Pond Park, a 5.87 natural area park. This site is available for residents to use. Further, the development site is also just over a quarter mile (1, 435 feet) from Magnan Park, which is also a City park developed with playgrounds, play fields, and other amenities. Therefore, this criterion is met. EC 9.8325(10): Lots proposed for development with one-family detached dwellings shall comply with EC 9.2790 Solar Lot Standards (these standards may be modified as set forth in subsection (11) below). The proposal does not include any single-family detached dwellings. Therefore, this criterion does not apply. EC 9.8325(11): The PUD complies with all applicable development standards explicitly addressed in the application except where the applicant has shown that a modification is consistent with the purposes as set out in EC 9.8300 Purpose of Planned Unit Development. The following additional standards apply in accordance with EC 9.8325(11), which are further addressed below: • EC 9.5500 Multi-Family Standards • EC 9.6105 Bicycle Parking Standards • EC 9.6410 Motor Vehicle Parking and Loading Standards • EC 9.6420 Parking Area Standards • EC 9.2750 Residential Zone Development Standards: Maximum Lot Coverage EC 9.5500 Multi-Family Standards: The following Multi-Family Standards apply to the proposed development: EC 9.5500(3): Building Height. The maximum building heights allowed are those Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 16 of 37  permitted according to the applicable base zone. The base zone of the subject site is R-2 Medium Density residential. The maximum building height of 35 feet is established in EC Table 9.2750 Residential Zone Development Standards. The application includes buildings that are less than 35 feet, complying with this standard. EC 9.5500(4): Minimum and Maximum Building Setbacks. (a) Required Setbacks. The required building setbacks are those required in the applicable base zone. The subject site is zoned R-2; the R-2 zone requires a 10-foot front yard setback and a 5-foot interior yard setback (see EC Table 9.2750 Residential Zone Development Standards). The applicant proposes a 30-foot landscape buffer along the western boundary of the PUD, and the development complies with the 10-foot setback along all public roads. However, this requirement would also mean that a 10-foot setback is met for the internal private street, Everest Loop. As permitted under EC 9.5500(4)(c), the applicant has requested an adjustment to the front yard setback along Everest Loop, which is discussed under Adjustment Review Evaluation #1, following the PUD Evaluation. Based on these findings and the recommendation for approval of Adjustment Review #1, this standard is met. (b) Street Frontage. On development sites that will result in 100 feet or more of public or private street frontage, at least 60 percent of the site frontage abutting the street (including required yards) shall be occupied by a building(s) or enhanced pedestrian space with no more than 20 percent of the 60 percent in enhanced pedestrian space, placed within 10 feet of the minimum front yard setback line. (See Figure 9.5500(4)(b) Multiple-Family Minimum Building Setback Along Streets.) On development sites with less than 100 feet of public or private street frontage, at least 40 % of the site width shall be occupied by a building(s) placed within 10 feet of the minimum front yard setback line. Building projections and offsets with an offset interval of 10 feet or less meet this standard (excluding required yards). “Site width,” as used in this standard, shall not include areas of street frontage that have significant natural resources as mapped by the city, delineated wetlands, slopes greater than 15%, recorded easements, required fire lanes or other similar non-buildable areas, as determined by the planning director. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 17 of 37 The applicant has demonstrated on site plan sheet P1 that all street frontages will meet this standard, resulting in more than 60 percent of the frontage being occupied by buildings or enhanced pedestrian space along Barger Drive, Century Drive, Riviera, and Everest Loop. Therefore, this standard is met. EC 9.5500(5): Building Orientation and Entrances. (a) Building Orientation. Multiple-family residential buildings located within 40 feet of a front lot line shall have their primary orientation toward the street. All buildings within 40 feet of a front lot line (southern, eastern, and norther lot lines) have their primary orientation toward the street. Therefore, this criterion is met. (b) Ground Floor Building Entrances. The main entrance(s) of ground floor units of any residential building located within 40 feet of a street must face the front lot line. Main entrances may provide access to individual units, clusters of units, courtyard dwellings, or common lobbies. The following exceptions shall apply: 1. On corner lots the main building entrance(s) may face either of the streets or be oriented to the corner. 2. For buildings that have more than 1 entrance serving multiple units, only 1 entrance must meet this requirement. 3. For buildings proposed to be “side oriented” to public streets due to access requirements and/or dimensional constraints not created by the applicant, main entries may face up to 90 degrees away from the street provided both of the following apply: a. They are visible from the street. b. The building side facing the street shall not include windows or views into a parking area or garage and shall contain windows that occupy a minimum of 15% of the facade. All buildings within 40 feet of a front lot line (southern, eastern, and norther lot lines) have their main access toward the street. Therefore, this criterion is met. (c) Upper Story Building Entrances. The main entrance of upper story units shall be provided from the interior of the building or from an exterior walkway that serves no more than 2 units. Stairways to upper floors shall be adequately lighted and protected from the elements. Access to upper- story units may be provided at the front, side or rear of a building. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 18 of 37 All entrances for the upper story units are located within the interior of the building. Therefore, this criterion is met. EC 9.5500(6): Building Mass and Facade. (a) Maximum Building Dimension. Neither the maximum length nor width of any building within 40 feet of a front lot line can exceed 100 feet in the R-1 and R-2 zones and 150 feet in all other zones. No building has a length or width exceeding 84 feet. Therefore, this standard is met. (b) Windows. Street facades shall contain windows covering a minimum of 15% of the facade on each floor level. To ensure compliance with this standard, all apartment building facades contain at least 15 percent window coverage. Therefore, this standard is met. EC 9.5500(7): Building Articulation. (a) Articulation Requirement. To preclude large expanses of uninterrupted wall surfaces, exterior elevations of buildings shall incorporate design features such as offsets, projections, balconies, bays, windows, entries, porches, porticos, or similar elements. 1. Horizontal Surface. At least 2 of the design features outlined above shall be incorporated along the horizontal face (side to side) of the structure, to be repeated at intervals of no more than 40 feet. 2. Vertical Surface. At least 2 of the design features outlined above shall be incorporated along the vertical face (top to bottom) of the structure, to be repeated at intervals of no more than 25 feet. (b) When offsets and projections are used to fulfill articulation requirements, the offset or projection shall vary from other wall surfaces by a minimum of 2 feet. Such changes in plane shall have a minimum width of 6 feet. (c) Individual and common entry ways shall be articulated by roofs, awnings, or porticos. The applicant states that the proposed buildings incorporate a combination of the elements above, providing at least two. A reference is provided to the plan sheets, but nothing on the site plans indicates the features being used to comply with the standard listed above. Staff Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 19 of 37 believes that the applicant’s site plans demonstrate conceptual compliance with the standard above but understands that future design changes may occur due to conditions assuming the application is approved. To allow some flexibility in the change of design, and to ensure that the applicant complies with the standard above, staff recommends the following condition: 3. Prior to final PUD approval, the following note shall be added to the final site plans: “Buildings shall comply with the building articulation requirements at EC 9.5500(7).”; and prior to issuance of a building permit, the applicant shall provide details that identify which features are being used to comply with EC 9.5500(7). Based on the findings and condition above, this standard is met. EC 9.5500(8): Site Landscaping. (a) Minimum Landscape Area. Landscaping is required according to the applicable base zone minimum landscape area standards. If there are none specified, the minimum landscape area shall be equal to the amount of area required as open space specified in EC 9.5500(9). 1. Any required landscaping, such as for required front and interior yard setbacks and to comply with parking landscape standards, shall apply toward the development site area landscaping requirements. 2. Common open space areas required under EC 9.5500(9) Open Space also apply toward meeting the minimum landscaped area requirements of this section, if they are uncovered. 3. Any portion of a private, ground level open space area exceeding one hundred square feet shall be counted toward the minimum landscape area requirement. (b) Compliance with Landscape Standards. Except as may be otherwise provided in this subsection (8), all required landscaping shall comply with the standards beginning at EC 9.6200 Purpose of Landscape Standards. In the event of a conflict between the standards beginning at EC 9.6200 and this subsection, the standards in this subsection shall control. (c) Landscape Requirements. Site landscaping shall conform to the following: 1. Required Landscaping in Yards Abutting Streets. Landscaping shall be installed and maintained in yards abutting streets that complies, at a minimum, with the standards in EC 9.6210(1) Basic Landscape Standard (L-1). The required landscaping shall Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 20 of 37  be placed within the required front yard setback area and may be pierced by pedestrian and vehicular access ways. 2. Private Open Space Screening. Where provided, ground-level private open space required under EC 9.5500(9) Open Space (b) Private Open Space shall be physically and visually separated from common open space through the use of perimeter landscaping and/or fencing. If landscaping is used, such landscaping shall apply toward the minimum landscape requirement. 3. Street Trees. Street trees are required along the frontage of all developments abutting newly created public or private streets in accordance with provisions of Chapter 7 of this code regarding the Street Tree Program - Policies, Standards, and Procedures. The applicant’s site plan sheets TR-1 and LA-1 show landscaping details and area calculations are provided that confirm that the project will comply with the standards above. Staff note that compliance with the landscaping standards will be further evaluated during the building permit process (when final plant schedules are provided). Both Riviera and Century Drive are developed with street trees. The applicant’s landscape plans indicate removal of street trees along all public streets. As conditioned under EC 9.8325(4), the developer shall receive all necessary permitting for the removed of street trees. As a note, those trees along Barger Drive, which act like street trees, but are not within the public right-of- way and therefore are not “street trees.” The applicant has also provided additional L-2 landscape screening along the turnaround areas at the western terminus of Everest Loop in order to mitigate light trespass and glare from vehicle headlights onto adjacent property. Based on the available evidence, the site landscaping standards are met. EC 9.5500(9): Open Space. Open space that complies with Table 9.5500(9) and the standards in this subsection (9) shall be provided unless exempt under other provisions of this land use code. Required open space may be provided as common open space, or as a combination of common and private open spaces. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 21 of 37  Table 9.5500(9) Open Space Requirements Minimum Area Combined Common and Private Open Space The greater area determined by the following percentages for the zone must be provided on the development site. Zone R-1 R-2 R-3 R-4 C-1 C-2 C-3 GO All Other Zones Percent of the 20% 20% 20% 20% 20% 20% N/A 20% 20% Development Site Percent of Livable 25% 25% 15% 15% 25% 15% N/A 15% 15% Floor Area Minimum Density for Exemption from Open Space Requirements by Zone Zone R-1 R-2 R-3 R-4 C-1 C-2 C-3 GO All Other Zones Dwelling Units Per N/A N/A N/A N/A 23 45 N/A 45 45 Net Acre (a) Common Open Space. All development sites shall contain a minimum of 400 square feet of common open space. A minimum of 20-percent of the total provided common open space shall be living plant material. 1. Common open space may include any of the following: a. Outdoor areas incorporating: (1) Lawn or hard surfaced areas to be used for active or passive recreation in which user amenities such as trees, shrubs, planters, pathways, tables, benches or drinking fountains have been placed. (2) Ornamental or food gardens. (3) Developed and equipped adult recreation areas. (4) Developed and equipped children’s play areas. (5) Sports courts (tennis, handball, volleyball, etc.). (6) Swimming pools, spas and adjacent patios and decks. (7) Roof terraces. (8) Picnic areas. (9) Patios. (10) Porches with floors no more than 30 inches above grade. (11) Internal courtyards. b. Common open space may also include up to 30% of the Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 22 of 37  required area in natural resource areas, such as steep slopes greater than 25%, forested areas, conservation areas and delineated wetlands. c. Up to 30% of common open space may be located in indoor recreation areas fitted with game equipment, work- out equipment, court sports facilities, swimming pools, plant greenhouse, wood shop, or other designated project or game equipment, if the facility conforms to the following standards: (1) The minimum area of any single space shall be 225 square feet, with no dimension being less than 15 feet. (2) Interior common open space shall be at least 10 feet in floor to ceiling height; glazed window and/or skylight areas shall be provided in the proportion of 1 square foot for each 4 square feet of the floor area of the common space. (3) The space shall be accessible from a common lobby, courtyard or exterior common open space. 2. Outdoor common open space shall comply with all of the following: a. The minimum area for any single outdoor common open space shall be 225 square feet. b. At least one area of outdoor common open space shall be a minimum of 15 feet by 15 feet. c. The minimum dimensions for any portion of outdoor common open space in the front yard setback shall be at least 15 feet by 15 feet. The minimum dimensions for any other portion of outdoor common open space shall be at least 10 feet by 10 feet. d. For development in the area identified in Map 9.5500(9)(a)2.d. University Area R-3 and R-4 Zoning, common outdoor open space must abut a front lot line for a minimum length of 20 percent of the total lot frontage. For lots with frontage on more than one street, this standard only applies along one street frontage. e. Required setback areas and areas required to comply with perimeter parking lot landscape standards may be applied toward the minimum open space requirements when the Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 23 of 37  minimum dimensions of such space meets the standards above in (a)-(c). f. Outdoor common open spaces shall not be used as parking areas. (b) Private Open Space. Private open space is outdoor space directly adjacent to a dwelling unit providing an outdoor area for private use by the occupants of the dwelling unit. Private open space, where provided, shall meet the minimum standards in the following Table 9.5500(9)(b). Table 9.5500(9)(b): Minimum Private Open Space Sizes Location Minimum Area Minimum Dimension Ground Level 100 square feet 10 feet Balcony 20 square feet 4 feet Roof Terrace 100 square feet 8 feet 1. Balconies located within 20 feet of property zoned R-1 shall not be counted as private open space. 2. To be counted toward the minimum required, private open space may be covered, but cannot be enclosed. Private open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has more than three sides taller than 42 inches in height. 3. Ground level private open space shall be screened or buffered from adjacent private open space and dwellings by landscape, fencing or partitions. Such screening or buffering shall be a minimum of 30 inches in height. 4. Ground level private open space shall be physically separated from common outdoor open space by fencing or landscaping meeting the EC 9.6210(2) Low Screen Landscape Standard (L-2). (c) Open Space Credit. An open space credit, not to exceed 25 percent of the total open space requirement, may be applied toward compliance with that requirement, for developments that are located within one- quarter mile of a public park as measured along the route of the shortest existing public way or private street. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 24 of 37 Based on Table 9.5500(9) Open Space Requirements, the applicant is required to have open space on 20% of the development site, which is 33,367 square feet in this case. In accordance with EC 9.5500(9)(c), the applicant is allowed a 25% reduction in the required open space due to the site’s proximity to a park, which brings the required open space to 25,025. The applicant’s landscape plans (Sheet LA-1) provide detailed open space calculations, demonstrating that the total common open space and private open space equals 25,183 square feet. The applicant’s designs for private open space and common open space meet the standards above. Based on these findings, the proposed development meets these standards. EC 9.5500(10): Block Requirements. This standard does not apply, as the subject property is less than 4 acres in size. EC 9.5500(11): Site Access and Internal Circulation. (a) Streets. Street standards and connectivity requirements for local residential streets shall be applied to public and private streets within multiple-family developments. (Refer to EC 9.6815 Connectivity for Streets.). (See Figure 9.5500(12) Multiple-Family Parking.) The applicable street standards are evaluated under the PUD criteria above, at EC 9.8325(6), incorporated herein by reference. Based on those findings, these standards are met. (b) Driveways. Driveways and parking drives are private roadways for projects or portions of projects not served by streets. Driveways and parking drives shall be designed in accordance with the following standards: 1. Driveways. Driveways provide vehicular access to parking and dwelling units but do not provide primary pedestrian access to units. Driveways are intended to be used primarily for vehicular circulation and dwelling access and should be visually distinct from streets. (See Figure 9.5500(11)(b) Multiple-Family Driveways). The following standards apply: a. Two-way driveways shall be a minimum width of 20 feet, one-way driveways shall be a minimum width of 12 feet. b. The maximum driveway width is 28 feet. 2. Parking Drives. Parking drives are driveways lined with head-in parking spaces, diagonal parking spaces, garages, or any combination thereof along a significant portion of their length. Parking drives for multiple-family developments with more than 20 units shall be designed so as to permit no through-motor Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 25 of 37  vehicle movements. (See Figure 9.5500(12) Multiple-Family Parking.) Subsection 1 is met as driveways provide vehicular access to parking and dwelling units but do not provide primary pedestrian access to units. Pedestrian walkways provide access to all dwelling units within the PUD. Further, the two-way driveways are between 26-28 feet in width, which meets 20-foot width minimum and 28-foot width maximum. Under subsection 2, the applicant proposes a design that permits through-motor vehicle movement. Therefore, the applicant requests an adjustment to subsection 2, the Parking Drives standard, which is allowed subject to review under the adjustment review approval criteria listed at EC 9.8030(8)(e) Site Access and Internal Circulation. See the Adjustment Request #2 Evaluation below for findings, incorporated herein by reference, of compliance with this subsection through the adjustment review process. Based on these findings, and with approval of the requested adjustment, these standards are met. (c) Alley Access. The development does not propose alley access; therefore, this standard is not applicable. (d) Setback Sidewalks. Setback sidewalks shall be required along any public or private street adjacent to or within the development site. Setback sidewalks currently exist along Riviera and Century Drive and there are existing sidewalks along Barger Drive that abut the street and bike lane. The applicant has requested an adjustment to permit sidewalks abutting Everest Loop, the internal private street. Findings for compliance in accordance with the Adjustment Review criteria for Everest loop can be found under the Adjustment Review #3 evaluation below. Based on these findings, and with approval of the requested adjustment, this standard is met. EC 9.5500(12): Vehicle Parking. (a) Parking Element Types. The city shall allow on-site parking to be provided as part of any multiple-family development project in the form of garages (private or common), carports, open parking areas. All parking, except common garages, shall be designed as parking courts according to EC 9.5500(12)(b) Parking Courts. (b) Parking Courts. 1. Maximum Size of Parking Courts. Individual parking courts shall be no more than 9,000 square feet in size and shall be physically Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 26 of 37  and visually separated by a landscape area a minimum of 20 feet in width. No more than 3 individual parking courts may be connected by an aisle or driveway. (See Figure 9.5500(12) Multiple-Family Parking and Multiple-Family Parking Continued.) 2. Parking Court Width. A parking court of any length shall consist of no more than one 1 double-loaded parking aisle. 3. Parking Court Separation. Planting islands shall be placed between parking courts to visually interrupt rows of parked vehicles and to separate individual parking courts. Planting islands between parking courts shall have a minimum width of 20 feet and a minimum area of 360 square feet. Each of these islands shall provide at least 1 canopy shade tree having a clear trunk height of at least 9 feet. Architectural elements such as trellises, porches, and stairways may extend into planting islands between parking courts. Other parking area landscape standards in EC 9.6420 Parking Area Standards also apply. (See Figure 9.5500(12)(b) Multiple-Family Parking Courts) (c) Limitation on Parking Frontage. To strengthen the presence of buildings on the street, parking and vehicle use areas and garages adjacent to any public or private street frontage shall extend across no more than 50 percent of any street frontage. No parking spaces, with the exception of underground parking, shall be placed within any required front yard area. Parking areas shall not be located between buildings and the street. A single-story street level parking garage may not occupy the street frontage of a multiple-family development, except for parking garage driveways. The parking court standard in subsection (b)(1) limits parking court size to 9,000 square feet, requires parking courts to be separated by a 20-foot wide landscape area, and limits the number of parking courts that can be connected. The proposed design includes a series of separated parking courts, none of which are greater than 9,000 square and do not connect more than 3 individual parking courts with an aisle or driveway. Rather the series of parking courts take access from the private street, Everest Loop. The proposed parking areas also comply with the required parking court width limitations and required separation. This includes the required landscaping and parking area standards at EC 9.6420. No parking area makes up greater than 50% of any street frontage, which is demonstrated on the applicant’s street frontage analysis included on site plan sheet P1. Based on these findings, the proposed parking design meets these standards. EC 9.5500(13): On-Site Pedestrian Circulation. Multiple-family developments shall Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 27 of 37  provide safe on-site pedestrian circulation according to EC 9.6730 Pedestrian Circulation On-site. As discussed under EC 9.6730 above, incorporated herein by reference, these standards have been met. EC 9.5500(14): Recycling and Garbage Areas. Multiple-family developments shall provide recycling facilities that meet EC 9.5650 Recycling - Small Collection Facility Standards, and screening for outdoor storage areas and garbage collection areas according to EC 9.6740 Recycling and Garbage Screening. While conceptually acceptable as to location, no graphics of the structures are provided and further review to ensure the structures comply with the criterion above will be necessary at the time of building permit. To ensure this occurs, the following condition is recommended: 4. Prior to final PUD Approval, the following note shall be added to the applicant’s final site plans: “Recycling and Garbage areas shall comply with EC 9.5650 Recycling - Small Collection Facility Standards and EC 9.6740 Recycling and Garbage.” Based on these findings, conditions, future requirements, and requested adjustments or recommended “modifications”, the multiple-family standards are met. Vehicle Parking: Per EC 9.6410, a minimum of one vehicle parking space per dwelling unit is required for multi-family projects, and there are no maximum parking space limits for residential uses. The applicant provides a summary of parking spaces on site plan sheet C-3, which shows that they are providing 111 parking spaces, or 1.9 spaces per dwelling unit. Therefore, the proposal complies with this requirement. Further, and as discussed under EC 9.5500(8) above, the proposal complies with the parking area standards at EC 9.6420. Bicycle Parking: For multi-family developments, EC Table 9.6105(5) requires one long term bicycle space per dwelling unit to be provided according to EC 9.6105 Bicycle Parking Standards. The applicant states that 57 long term spaces will be provided on-site in accordance with these standards. Bike lockers complying with these standards have been shown on the applicant’s site plan sheets C-3 and C-4. Conceptually, the applicant’s proposal appears to comply with the applicable bicycle parking standards. To ensure compliance with these standards at the time of building permit, the following condition is warranted: 5. Prior to final PUD approval, the following note shall be added to the final site plans: “Bicycle parking shall comply with the bicycle parking standards at EC 9.6100 through EC 9.6110.”; and prior to issuance of a building permit, the applicant shall provide details that demonstrate compliance with the Bicycle Parking Standards at E EC 9.6100 through EC 9.6110. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 28 of 37 Based on the findings and condition above, these standards are met. Maximum Lot Coverage: The R-2 zone prescribes a maximum lot coverage of 50%. Based on the applicant’s site plan sheet C6 it appears that the proposed lot coverage will occupy 36,000 square feet, which is less than 50% of the total lot area and therefore complies with this standard. EC 9.8325(12) For any PUD located within or partially within the boundaries of the South Hills Study, the following additional approval criteria apply… The subject property is not located within the boundaries of the South Hills Study. Therefore, this criterion does not apply. ADJUSTMENT REVIEW EVALUATION Adjustment #1: Front Yard Setbacks - EC 9.5500(4) The applicant requests an adjustment to the minimum front yard setback to be less than the 10-foot minimum along the internal private street, Everest Loop. This requirement under EC 9.5500(4) may be adjusted in accordance with EC 9.5500(4)(c), if consistent with the adjustment review approval criteria at EC 9.8030(2). EC 9.8030(2) Setback Standards Adjustment. Where this land use code provides that the setback standards applicable to specific zones may be adjusted, the standards may be adjusted upon finding that the proposed setback is consistent with the following applicable criteria: (a) Minimum and Maximum Front Yard Setback Adjustment. The minimum or maximum required front yard setback may be adjusted if the proposal achieves all of the following: 1. Contributes to the continuity of building facades along the street. 2. Creates an attractive pedestrian environment along all adjacent streets 3. Is compatible with adjacent development. Maximum front yard setbacks may be adjusted without any requirement for pedestrian amenities if the location of the front yard is unsafe or intrinsically unsuitable for pedestrians or to protect disruption to significant natural resources. The applicant has requested the front yard setback be reduced along portions of the private, internal street, Everest Loop. They request that the front yard setback be reduced from 10 feet to 5 feet, though 10 feet will still be maintained in certain areas. Everest Loop is proposed as a 20-foot wide private street with parallel parking lining portions of the street. All other front yard setbacks from public street will be maintained and the 30-foot required buffer will buffer be in place for the adjacent properties to the west. The proposal will result in the building facades being closer to Everest Loop, contributing to the presence of buildings along the private Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 29 of 37 street. The proposed and required landscaping along the network of pedestrian paths will maintain an attractive pedestrian environment within the development and will have no negative external impacts on public pedestrian walkways and streets. As discussed above, the reduction only impacts the interior of the subject property and does not impact adjacent development. Based on these findings and the applicant’s statement, staff recommends approval of this adjustment. Adjustment #2: Parking Drives - EC 9.5500(11)(b)2. The applicant requests an adjustment to allow for “through-motor vehicle movements.” Through vehicle movements are prohibited under EC 9.5500(11)(b)2 unless adjusted in accordance with EC 9.5500(11)(e), if consistent with the adjustment review approval criteria at 9.8030(8)(e). EC 9.8030(8)(e) Site Access and Internal Circulation. The requirements set forth in EC 9.5500(11) may be adjusted in accordance with the criteria in this subsection. In the case of an adjustment, all of the following standards apply. 1. Sidewalks may be designed as curbside walks only along those portions of the private streets providing parallel on-street parking. 2. Street trees may be placed in tree wells or adjacent to the sidewalk. The applicant proposes to have two access connections, one on Riviera and the other on Century Drive, which would allow through-vehicle movements. Per the applicant’s request for this adjustment, the proposed design of sidewalks within the development are curbside 5-foot wide sidewalks. The overall design of the private street, parking courts, landscaping, drive aisles, crosswalks, and driveways will provide a safe and convenient parking and access for residents, as described by the applicant. The proposal also includes bollards at the western terminus of Everest Loop to mitigate traffic impacts onto adjacent development to the west. Based on these findings and the applicant’s statement, staff recommends approval of this adjustment. Adjustment #3: Parking Drives Setback Sidewalks - EC 9.5500(11)(d) The applicant requests an adjustment to the setback sidewalk requirement along the internal private street, Everest Loop, as required under EC 9.5500(11)(d). This standard may be adjusted in accordance with EC 9.5500(11)(e), if consistent with the adjustment review approval criteria at 9.8030(8)(e). Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 30 of 37 EC 9.8030(8)(e) Site Access and Internal Circulation. The requirements set forth in EC 9.5500(11) may be adjusted in accordance with the criteria in this subsection. In the case of an adjustment, all of the following standards apply. 1. Sidewalks may be designed as curbside walks only along those portions of the private streets providing parallel on-street parking. 2. Street trees may be placed in tree wells or adjacent to the sidewalk. As discussed under Adjustment Review #2, the proposed design of sidewalks within the development are curbside 5-foot wide sidewalks. These non-setback sidewalks are proposed along portions of the private street that have parallel parking, as well as in areas without parallel parking. Therefore, the applicant has applied for an adjustment consistent with subsection 1 where the sidewalks are adjacent to parallel parking. However, as subsection 1 does not discuss those areas that are not adjacent to parallel parking, the applicant has also requested flexibility granted through the PUD process in accordance with EC 9.8325(11). The applicant provided findings demonstrating the proposed non-setback sidewalks are consistent with purpose of the PUD at EC 9.8300. Staff concurs with the applicant’s findings as it is used to determine the appropriateness for non-setback sidewalks along the internal street Everest Loop. Based on these findings and the applicant’s statement, staff recommends approval of this adjustment, as well as additional flexibility permitted through the PUD process. Expiration & Phasing Per EC 9.7340, tentative PUD approval shall expire if the applicant fails to submit a final PUD application in accordance with the schedule approved at the time of tentative plan consideration. In the absence of a specified schedule, the tentative plan approval shall expire 18 months after the effective date of tentative plan approval. In this case, the applicant has requested 36 months from the effective date of the tentative PUD to apply for the final PUD. They cite the current uncertainty in the economy as the primary reason for the 36-month request. Staff supports their request 36-month period. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 31 of 37  STAFF RECOMMENDATION Based on the available information and evidence and preceding findings of compliance with the Tentative PUD approval criteria at EC 9.8320, and for Adjustment Review at EC 9.8030, staff recommends the Hearings Official conditionally approve the request with the conditions listed below: 1. Prior to the removal of any street trees, the applicant shall acquire any necessary street tree removal permit(s) as required by Eugene Code Chapter 6. 2. The applicant shall submit an irrevocable petition for improvements within Riviera Street and Century Drive to include street lights. 3. Prior to final PUD approval, the following note shall be added to the final site plans: “Buildings shall comply with the building articulation requirements at EC 9.5500(7).”; and prior to issuance of a building permit, the applicant shall provide details that identify which features are being used to comply with EC 9.5500(7). 4. Prior to final PUD Approval, the following note shall be added to the applicant’s final site plans: “Recycling and Garbage areas shall comply with EC 9.5650 Recycling - Small Collection Facility Standards and EC 9.6740 Recycling and Garbage.” 5. Prior to final PUD approval, the following note shall be added to the final site plans: “Bicycle parking shall comply with the bicycle parking standards at EC 9.6100 through EC 9.6110.”; and prior to issuance of a building permit, the applicant shall provide details that demonstrate compliance with the Bicycle Parking Standards at E EC 9.6100 through EC 9.6110. 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. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 32 of 37 Informational Items • A full-height curb will be required in Riviera Street as part of the building permit process. • Enhanced Pedestrian Spaces shown on landscape plans should be placed on private property. Placement within public right-of-way could trigger the need for a revocable permit, evaluated concurrently with the building permit process. • Access connection design will be further reviewed for consistency with applicable specifications, standard drawings, and street tree conflicts during future permit processes. • An operation and maintenance plan consistent with the City’s Stormwater Management Manual requirements will be reviewed, and notice of this plan will be recorded, during the building permit process. Attachments Attachment A: Vicinity Map Attachment B: Site Plan Attachment C: EWEB Referral More Information and Application Materials More Information about the land use application process, approval criteria, and general information can be found here: https://www.eugene-or.gov/3208/Land-Use-Information The application materials, and file are available to review for any interested parties. As a courtesy, materials may also be available on the City’s website at: https://pdd.eugene- or.gov/LandUse/ApplicationDetails?file=PDT-20-0003 To protect the health of staff and community members, staff can provide digital materials or make appointments to view a physical set of materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Jeff Gepper, Senior Planner, Planning Division, at: (541) 682-5282; or by e-mail, at: JGepper@eugene-or.gov. Staff Report Walnut Springs PUD | PDT 20-3 / ARA 20-27 Page 33 of 37  WALNUT SPRINGS PUD (City File: PDT 20-3/ARA 20-27) Vicinity Map Attachment A MEGAN WAY HW Y CE N 99 N Y TU KE LS RY EM DR RIVIERA LN RE PI PA R WHITN LN K N JI DR FU RE Y CL A EY LN ST EVEREST LP BARGER DR TANEY ST ROBIN AVE TAFT ST Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB ^ Created on 6/9/2021 by City of Eugene Planning Division Page 34 of 37 0 40 80 Ft 160 N Page 35 of 37  ATTACHMENT C Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 May 19, 2021 City of Eugene Planning Division Attn: Jeff Gepper 99 W 10th Ave. Eugene, OR 97401 Re: PDT-20-3 NW corner Barger Dr. and Century Dr. Dear Jeff, EWEB staff has reviewed the Land Use Referral: PDT-20-3 NW corner Barger Dr. and Century Dr. Map: 17-04-15-34, TL 00202, 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 underground and padmount facilities on proposed development site. An electric service extension may be required to serve development. 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 this development 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 shall initiate an extension design with EWEB to confirm the specific locations and sizes of PUEs and or EWEB Utility Easements within private streets. The PUE may include “bump-outs” at the proposed or existing transformer locations as well as at all EWEB street crossings. The applicant should contact EWEB Electric Distribution Engineering at 541-685-7521 or email at DistributionEngineering@eweb.org to start design process. After EWEB provides the customer with an electric design, typically the electric service conduit and conductors are installed by customer to current codes and EWEB specifications, and inspected by EWEB. Information about the steps needed to extend service is available on EWEB’s website at http://www.eweb.org/contractors-and-developers/building-and-renovations/facility-extension 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 Land Use: PDT-20-3 NW corner Barger Dr. and Century Dr. Page 1 of 2 Page 36 of 37  Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 Water Comments: There is an existing 8" water main on the north side of Riviera. Contact EWEB's water engineering department at (541) 685-7353 to discuss water service for the new development. 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: EWEB has two utility easements across the subject property (recorded January 18, 2006, at Instrument Number 2006-003860, and March 28, 2016, at Instrument Number 2016-013684). The proposed development plan is consistent with these easements. 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, Digitally signed by Richard Richard Fatooh Date: 2021.05.19 08:18:50 Fatooh -07'00' Rich Fatooh Wallace McCullough Distribution Engineering Supervisor Water Engineering Supervisor Eugene Water & Electric Board Eugene Water & Electric Board (541) 685-7596; richard.fatooh@eweb.org (541) 685-7435; wallace.mccullough@eweb.org Land Use: PDT-20-3 NW corner Barger Dr. and Century Dr. Page 2 of 2 Page 37 of 37