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This is the last opportunity that the City will have to require the dedication of the easement prior to the construction of the utility lines. Subject to compliance with the conditions of approval noted above, and the requirement below to ensure a more detailed review of the public wastewater system improvements as part of the Privately Engineered Public Improvement (PEPI) process, the standards for sewage at EC 9.6505(2) will be met. EC 9.6505(3) Streets and Alleys EC 9.6505(4) Sidewalks Finding: EC 9.6505(4) requires all sidewalks in the development to be located, designed, and constructed according to the provisions of Chapter 9, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7, and other adopted plans and policies. The applicant proposes a 4-foot wide sidewalk (including the curb) on the east side of Capital Drive, a local street. As discussed in the Staff Report, the sidewalk design standards for local streets are set out on pages 36-38 of the adopted Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways. In this case, consistent with the design standard at Section F.5, a curbside sidewalk on one side of the street is sufficient to meet the Design Standards because Capital Drive is an Access Lane with steep surrounding topography, and a curbside sidewalk will reduce excessive impacts to such topography. However, the proposal for a 4-foot-wide sidewalk is inconsistent with the design standard at Section F.1 which states "Sidewalks are required along all new local streets and shall be a minimum of 5 feet wide." Table 2, Note A (on page 35 of the Design Standards and Guidelines) specifies that "for curbside sidewalks, the sidewalk dimension includes 5' paved walk and 6" curb (5'6" total); the 1' strip behind the walk is added to the planting strip dimension." In order to comply with this standard, the following condition requires the applicant to modify the PUD plans to incorporate a 5-foot sidewalk along the east side of Capital Drive: • Prior to final PUD approval, the applicant shall revise the PUD plans to include 5-foot sidewalks along the east side of Capital Drive. In addition to compliance with the stated design standard requirement, the Public Works referral comments (page 13) include the additional constitutional justification for requiring a 5-foot sidewalk along Capital Drive. Specifically, those referral comments state that it is in the public's interest to have sidewalks for pedestrians and people with mobility impairments to safely travel on a publicly dedicated surface in both directions between locations in their immediate neighborhoods and to more distant attractors, without being in direct competition for travel space with bicyclists and motorized vehicle drivers. The referral comments also note that there is a nexus between the requirement to construct an additional foot - for a 5-foot sidewalk - along the east side of Capital Drive and the public interest at issue. The 5-foot wide curbside sidewalk will allow for pedestrians and people with mobility impairments to safely travel on a publicly dedicated surface in both directions between Hearings Official Decision (PDT 17-1) 66