September 12, 1994 <br />Mr. James Spickerman <br />Hearings Official <br />City of Eugene <br />Planning & Development <br />777 Pearl Street <br />Eugene, Oregon 97401 <br />w 9 <br />1994 <br />RE: REQUEST FOR MODIFICATION TO MEMO OF MAY 19, 1994 <br />LOT 1 BLOCK 1 <br />GOODPASTURE ISLAND PUD <br />Dear Mr. Spickerman: <br />This request is being submitted on behalf of Western Heritage, the owners of Lot 1, Block 1 of the <br />Goodpasture Island PUD (PD 84 -1). Its purpose is to request a modification and clarification to <br />conditions contained in your memorandum of May 19, 1994, relating to the grading of parcels <br />within the PUD prior to the issuance of Final PUD approval. We would also like to request an <br />adjustment to the building height limitation of section 9.534 of the Eugene Zoning Code. <br />Western Heritage has owned Lot 1, Block 1 since 1992 and intends to construct approximately 150 <br />apartment units on the parcel. We are currently preparing a submittal for Final PUD approval as <br />required by the Eugene Zoning Ordinance. Based on our understanding of the review /approval process <br />and timing we are anticipating breaking ground for the construction of the project late this fall. In <br />discussing the project with Jerry Jacobson in the Planning Department, we learned that your memo <br />of May 19, 1994, outlined the conditions under which grading could be undertaken within the PUD <br />prior to the completion of the Final PUD Approval process. In order to be able to undertake <br />construction through the winter we need to begin grading immediately. Furthermore the site requires <br />the removal of spoils from other nearby construction sites that were placed there by previous owners <br />and are unsuitable for building foundations. Finally, it requires the placement of fill to bring the site <br />up to the appropriate elevation. In principal, the memo of May 19, will allow this work to begin on <br />most of the site. However the limitation on the removal of trees and other vegetation presents an <br />obstacle to both the immediate grading and to the ultimate development of the parcel. It is a <br />limitation that we believe was specifically intended to prevent the removal of significant vegetation <br />within the open space and designated greenway areas of the balance of the PUD. We also believe that <br />our development plans are not in conflict with either the intent of your memo or that of the <br />tentative plan approval for the PUD. Accordingly we request a modification as outlined and <br />supported below and on the accompanying site plan drawing. <br />The accompanying site plan illustrates a development of 144 housing units in a series of two story <br />buildings together with supporting recreational facilities. The layout of the site has been prepared <br />based on several pertinent sections of the Eugene Code, Section 9.512, sub - section (6), criteria (a) - <br />(k), of which (e) and (f) are particularly applicable. Criteria (e) states: <br />(e) Developments must provide solar access to lots and south- facing building <br />walls at noon on December 21 as specified in sections 9.510 and 9.535 <br />The project design team has studied numerous alternative site plans and has concluded that, in order <br />to arrange the allowable density of desired building units in a pattern that meets the required solar <br />access code, most of the existing on -site vegetation will be impacted. Criteria (f) states: <br />