11 <br />are typically implemented through one of the many overlay zones that were assigned based on the <br />type of resource on the property such as wetlands, rivers, streams, etc. <br /> <br />The entire site is identified as a Goal 5 resource due to its inclusion on the April 12, 1978, Scenic Sites <br />Working Paper, which was adopted as a Goal 5 resource. Unlike the protections created for wetlands <br />and other riparian resources, there were no specific environmental protections put in place for areas <br />identified on the Scenic Sites Working Papers map. As an outcome, this application can be approved <br />under the Housing/Clear Objective Standards without any specific tree preservation, except for the <br />protected stream that runs across the property, which will require a future Type II land use <br />application for Standards Review to build the proposed section of Randy Lane across it. <br /> <br />Because of the Goal 5 status of the entire site and our recent adoption of Housing/Clear and <br />Objective standards, staff believes we lack the authority to require tree preservation on the majority <br />of the property through this PUD process and at the time of building permit (other than as required <br />by the /WR overlay and associated protections beginning at EC 9.4900. Tree preservation and <br />removal would therefore be at the discretion and will of the developer outside of the protected Goal <br />5 stream corridor, assuming the Tentative PUD and Subdivision are approved. <br /> <br />Conclusion and Open Record Deadlines <br />Staff continues to recommend conditional approval of the applicant’s proposed Tentative PUD and <br />Subdivision, based on revised findings and recommended conditions of approval as outlined the <br />memo above and articulated in more detail as part of the revised Public Works referral comments. <br /> <br />Upon the close of the first open record period at 5:00pm on July 31, 2024 (the date of this memo) <br />staff will provide the Hearings Official with all other materials and testimony submitted during this <br />first open record period as soon as reasonably possible. <br /> <br />As a reminder, the second open record period for responsive testimony will begin immediately <br />following close of the first open record period, and close at 5:00pm August 14, 2024. Staff will <br />provide the Hearings Official with all responsive testimony again at that time. The last week for <br />applicant rebuttal (written argument only, no new evidence) closes at 5:00pm August 21, 2024. <br /> <br />Attachments <br />A. Copy of Ordinance No. 20705 (from the March 11, 2024, City Council Packet) <br />B. Revised Public Works Referral Comments – dated July 30, 2024 <br />C. List of Revised Conditions of Approval <br />D. Hearings Official Decision for PDT 18-4 <br />E. Planning Commission Final Order for PDT 18-4 <br />F. Copy of Ordinance 20351 and Scenic Sites Working Paper <br />