Staff Report (Hearings Official)

discusses fire safety and egress issues, the proposed "detention facility" for stormwater, the Vivian Drive right-of-way, and the proposed pump system for sewage. He also states that the applicant assured him . that future homes on the lots adjacent to Vivian Drive will be constructed toward the uphill side of each lot, but that he would like further assurance that this will be implemented. Finally, he states that he does not oppose the proposal in general, but believes there should be various conditions of approval to address the issues specified in his letter. No other testimony has been received as of the publication of this staff report. Any testimony received following the completion of this staff report, and prior to the public hearing, will be presented to the Hearings Official at the hearing. The Planning Division also provided information concerning the application to other appropriate City and County 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, and addressed in the context of applicable tentative PUD approval criteria and standards in the following evaluation. Staff Evaluation The general application requirements are established at Eugene Code (EC) 9.7000 through EC 9.7030. The Type III procedures apply to the concurrent applications for tentative PUD and Adjustment Review, which are provided at EC 9.7300 through EC 9.7340. Application requirements specific to the tentative PUD are listed at EC 9.8310. The relevant approval criteria for the applicant's proposal under Needed Housing criteria are addressed at EC 9.8325. Consistent with EC 9.7005 Pre-application Conference, the applicant met with staff in April of 2014 (PC 14- 20). The applicant held a neighborhood meeting on January 27, 2015, in compliance with EC 9.7007 Neighborhood/Applicant Meetings. With regard to EC 9.8310 Tentative Planned Unit Development Needed Housing Application Requirements, the applicant indicates that the proposed PUD includes all property under contiguous ownership. As required by the Type III land use application procedures beginning at EC 9.7300, the Hearings Official must review any PUD application and consider pertinent evidence and testimony as to whether the proposed use is consistent with the criteria required for approval (shown below in bold typeface). Based on the evidence available as of the date of this staff report, the following findings and a recommendation for denial of the tentative PUD are presented below. EC 9.8325(1): The applicant has demonstrated that the proposed housing is needed housing as defined by State statutes. Oregon Revised Statutes define needed housing as follows: 197.303 "Needed housing" defined. (1) As used in ORS 197.307, until the beginning of the first periodic review of a local government's acknowledged comprehensive plan, "needed housing" means housing types determined to meet the need shown for housing within an urban growth boundary at particular price ranges and rent levels. On and after the Staff Report (PDT 15-1/ARA 15-13) October 2015 HO Agenda - Page 10