The Hearings Official states (p. 47): "Public Works Referral comments (page 12) recommend the <br />proposed sidewalk along Capital Drive be widened to 5 -feet in width in order provide safe and <br />adequate connection to the established neighborhood along Capital Drive. The hearing official <br />agrees that the 5 -foot sidewalk is necessary in order to ensure safe and adequate access both <br />within and adjacent to the proposed PUD. " <br />The Hearings Official states the 5ft sidewalk is necessary in order to ensure safe and adequate <br />access, but ignores the fact that the entire portion of Capital from Cresta de Ruta to the 5-way (1/4 <br />mile) has either no sidewalk, or a 2-3 foot wide, below code, sidewalk. If a 5-foot sidewalk is <br />necessary in order to ensure safe and adequate access, as the Hearings Official says, then it is <br />clear that the entire portion of Capital Drive that has either no sidewalk or a below code 2-3 foot <br />sidewalk does not have the necessary requirements to ensure safe and adequate access. When the <br />2 mile distance for bikes is included, many more safety issues arise. Disabled access is a major <br />safety issue as well. <br />Appeal Issue #19: <br />The Hearings Official erred in determining compliance with EC 9.6870 Street Width. The street <br />width at the sharp curve of Capital where lots 18 and 19 have a driveway access will not be <br />improved to 21 feet in width, and there is no proposed or existing sidewalk at this part of the <br />CHPUD development. The statement by the Hearings Official in bold below is thus factually <br />incorrect because this portion of Capital Drive, clearly part of the proposed development, is not <br />being improved to 21 feet, nor will it include a sidewalk. <br />(p. 44-45): "Pursuant to EC 9.6870, the right-of-way and paving widths of streets shall conform <br />to those widths designated on the adopted Street Right-of-Way map. When a street segment <br />right-of-way width is not designated on ,the adopted Street Right-of-Way map, the required street <br />width must be the minimum width shown for its type in Table 9.6870 Right-of-Way and Paving <br />Widths. A greater width may be required based on adopted plans and policies, adopted Design <br />Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways or other <br />factors which in the judgment of the Planning and Public Works Director necessitate a greater <br />street width. <br />Capital Drive, which is not identified on the adopted Street Classification Map or the adopted <br />Right-of-Way Map (Fig. 60-61 of the Arterial and Collector Street Plan (ACSP)), is a local <br />street. Capital Drive is characterized as a low-volume street. Under EC Table 9.6870, low <br />volume local streets are required to have between 20 and 28 feet of paving width along with 45 <br />to 55 feet of right-of-way width. The existing 50 foot right-of-way exceeds the minimum <br />required right-of-way width of 45 feet for local streets and is also sufficient to construct the <br />required improvements in Capital Drive, which includes a 21 foot wide paved street with curbs <br />and gutters on both sides and a 5 -foot wide curbside sidewalk on the east side of the street. <br />The proposed paving and right-of-way widths comply with the widths identified in Table 9.6870. <br />The proposed street design will be more precisely reviewed for compliance with applicable <br />20 <br />