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LUBA RET. EX 076/077 RE-T
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LUBA RET. EX 076/077 RE-T
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Last modified
4/27/2017 4:32:29 PM
Creation date
3/29/2017 1:46:04 PM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
10/9/2013
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Yes
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allowed net density. The proposed 29 units on 2.19 net acres translate to a density of 13 units per <br />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 not <br />a public facility in that it is not open to the general public (for those traveling on Oakleigh Lane), <br />but only to provide emergency vehicle access to the development. Eugene Water and Electric <br />Board (EWEB) staff has indicated that.an off-site easement is needed to provide a looped water <br />system prior to development of the, subject property, but has not indicated that any easements <br />are needed through the subject property. <br />Based on the above findings, the PUD complies with EC 9.8320(11). <br />(b) EC 9.6500 through EC 9.6505 Public Improvement Standards. <br />EC 9.6500 Easements <br />This section authorizes the City to require dedication of easements for wastewater sewers and <br />other public utilities and access under certain circumstances. This section also prohibits <br />obstructions within public easements. The applicant's survey and engineering plans indicate that <br />there are no existing or proposed easements, other than the 20-foot wide public sewer easement <br />9I that overlaps the east boundary of the subject property and an underground 72-inch wastewater <br />trunk line. The applicant's plans show no encroachments within this public easement, other than <br />the paths along the north and south property boundaries for bicycles and pedestrians. <br />Public Works staff notes that the applicant's title report identifies the following three easements, <br />which are not shown on the tentative plans: (1) an easement recorded on August 6, 1947 at Book <br />353, Page 146 in favor of the United States for power lines and appurtenances; (2) an easement <br />reserved in a deed recorded March 6, 1942 at Book 229, Page 60 from Nellie McClure, a single <br />person, to H.H. Harris and Gladys M. Harris for a roadway; and (3) an easement recorded October <br />11, 1949 at Book 403, Page 285 in favor of the United States of America. The applicant's surveyor <br />has confirmed that all these easements are shown on the survey reap and do not impact the <br />applicant's proposed development. <br />In regards to additional public easements, Public Works staff only identify the need for a <br />temporary emergency vehicle access easement; see the prior findings and condition at EC <br />9.8320(5)(a), which are incorporated here by reference. Referral comments from the Eugene <br />Water and Electric Board (EWEB).also indicate the potential need for additional easements,-which <br />will be more precisely determined when the service design is approved by EWEB; refer the <br />findings and condition at EC 9.8320(11)(b) and the referenced water standards at EC 9.6505(1), <br />which are incorporated by reference. <br />Based on the above findings, the proposed development will comply with EC 9.6500. <br />Staff Report: Oak)eigh Meadows Cohousing September 2013 Page 21 <br />HO Agenda Page 28 . <br />
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