Attachment B <br />Staff found, and the Hearings Official agrees that this criterion does not apply because the <br />development does not include one-family detached dwellings. Further, EC 9.2790 applies to <br />the creation of lots in the R-1 zone, whereas the subject development is not creating any new <br />lots. Nevertheless, the solar setback standards of EC 9.2795 apply to all structures on R-1 zoned <br />lots, 4,000 square feet or greater, with a north-south dimension of at least 75 feet. The <br />applicable solar setback standards are evaluated at EC 9.8320(11)(k). <br />EC 9.8320(11): The PUD complies with all of the following: <br />(a) EC 9.2000 through 9.3915 regarding lot dimensions and density requirements <br />for the subject zone. Within the /WR Water Resources Conservation Overlay <br />Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more <br />than 33% of the lot, as created, would be occupied by either: <br />1. The combined area of the. /WR conservation setback and any portion of <br />the Goal 5 Water Resource Site that extends landward beyond the <br />conservation setback; or <br />2. The /WQ Management Area. <br />Staff Findings <br />The development is not creating residential lots; as such, EC 9.2760 Residential Zone Lot <br />Standards do not apply. The subject property is not within a /WR or WQ area. With regard to <br />density, based on the R-1 Low-Density Residential zoning and EC 9.2750 Residential Zone <br />Development Standards, the subject property is permitted to have a maximum net density of <br />14 units per acre. EC 9.2751(1)(b) explains that net density is the number of dwelling units per <br />acre of land in actual residential use and reserved for the exclusive use of residents in the <br />development, such as common open, space or recreational facilities. EC 9.2751(1)(c) states that, <br />for calculating net density, the acreage of land considered part of the residential use shall <br />exclude public and private streets and alleys, public parks, and other public facilities. <br />The subject property is 102,808 square feet (2.3 acres). The right-of-way dedications being <br />required total 4,024 square feet: (22.5 x 50) + (13 x 199) + (13 x 24). Additionally, there is an <br />existing public wastewater easement along the east property line that affects 3,230 square feet <br />of the subject property (10 feet wide and 323 long). These areas (4,024 + 3230) need to be <br />subtracted from the gross density to establish the allowable density of 14 units per net acre <br />(102,808 - 7,254). With 95,554 square feet (2.19 acres) of net area, the allowable density is 30 <br />units. The development includes 29 units (including the common house), which is within the <br />allowed net density. The proposed 29 units on 2.19 net acres translate to a density of 13 units <br />per acre. <br />EC 9.8310(4)(a) Tentative PUD General Application Requirements confirm that easements <br />benefiting the residents of the PUD may be included in the residential density calculations. As <br />such, the proposed driveway is not excluded from this calculation. It is further noted that the <br />shared driveway is not a private street, which is typically necessary to provide frontage for the <br />creation of lots; the development is not creating additional lots. The on-site turnaround is also <br />Hearings Official Decision (PDT 13-1, WG 13-1) 33 <br />