Public Comment (8) - Laserfiche WebLink

stormwater facilities are designed to meet this city standard; hence a positive finding can be made." The above approval criterion is specific to "stormwater runoff from the PUD," rather than street and utility crossings of the onsite natural drainage courses. As addressed previously at EC 9.8325(7)(j), regarding the stormwater development standards at EC 9.6791 through EC 9.6797, the western portion of the development site does not direct stormwater runoff from the PUD to an on-site waterway, although the proposed piped system does outfall to an open drainage system farther to the north. The condition of approval required to comply with EC 9.8325(7)(j) that addresses flow-control ensures that the application complies this approval criterion. Decision For the reasons stated above, the hearings official DENIES the application for PUD for the subject property. Nevertheless, in anticipation of an appeal, the hearings official has crafted the following conditions of approval if the Planning Commission's review of the record demonstrates to the Planning Commission that the application should be approved. However, the hearings official notes that he has not recommended conditions of approval to respond to EC 9.8325(5). Recommended Conditions of Approval (if the Planning Commission would approve the application): 1. The applicant shall submit a "Use Restriction" or "Codes, Covenants, and Restrictions" (CC&R's) to be recorded with the final plat that stipulates that the lots of the proposed subdivision shall be developed only with needed housing and uses accessory to that housing. The document shall be subject to prior review and approval by the City's Planning Director during the final plat review process. The document shall stipulate that the use restriction is enforceable by the City of Eugene and that any amendment to, or removal of, the established use restriction is subject to prior review and approval by the City's Planning Director. The final PUD plans shall note the following: "The 30-foot perimeter buffer shall comply with EC 9.6210(7)(a)(1) through (5). The applicant may use existing vegetation to meet these requirements. The applicant shall show on its landscaping plan existing vegetation that it intends to reply on to comply with these requirements and proposed new landscaping that it intends to add to comply with these requirements." The applicant shall dedicate the right-of-way necessary to connect Senger Lane and St. Clair Lane to adjoining properties. The applicant shall show the dedication on the final PUD plans. The final PUD plans shall note the following restrictions regarding areas with slopes that meet or exceed 20 percent: "Areas identified as having 20 percent slopes shall not be Hearing Official Decision (PDT 10-2, CU 11-1) 34