Testimony Batch 2 - Laserfiche WebLink

Shift the shared private driveway on the rear of the lots to the west by 10 feet, thereby providing more available buildable area and additional opportunities for open space. Establish minimum setbacks and open space requirements for the detached homes. Clarify minimum setbacks for attached homes. Clarify that both housing types have an allowed maximum building height of 30 feet, and may be designed as 2, 2 % or 3 story buildings. Clarify key design elements. (As the Hearing's Official's decision did not rely on the key design elements in approving the townhomes or the rowhouses, a modification is not required to change these elements. However, because they do appear on the approved final PUD plans, the applicant has elected to have them reviewed as part of the modification.) Public Notice The application was referred to the affected neighborhood group (Northeast Neighbors) and various affected City departments and public service agencies for review and comment. Relevant referral comments received by the Planning Division are incorporated into the following evaluation, which includes a review of the proposed modification to ensure that it complies with the applicable PUD modification approval criteria at Section 9.8370 of the Eugene Code (EC). Additionally, public notice of the application was mailed on August 23, 2012, consistent with the relevant Type II land use application procedures at EC 9.7200 through 9.7230. The Planning Division received three written comments in response to the public notice. Comments submitted by Colleen McCaffrey and Eric Swanson and by John Jaworski raised concerns with the proposed modification and the resulting impact on the character of the neighborhood. Teresa Bishow of Arlie & Company submitted a written statement on behalf of the property owner addressing the concerns raised in the other two letters of testimony. To the extent these comments are applicable to the approval criteria, they are addressed below. Evaluation of the Planned Unit Development Modification: The relevant procedures for this Type II land use application are addressed at EC 9.7200 through 9.7230. In accordance with those application procedures, the following evaluation summarizes the City's review of the applicant's proposed modification in the context of the relevant approval criteria at EC 9.8370. The applicable approval criteria are included below (in bold), with findings addressing the justification for the decision based upon those criteria and the facts set forth in the application: EC 9.8370(1): The proposed modification is consistent with the conditions of the original approval. The Tentative PUD (PDT 04-1) established 34 conditions of approval, which were implemented through the Final PUD approval (PDF 5-6) and subsequent subdivision process (ST 04-30 and SF 05- 22). The applicant's written statement, which is incorporated by reference, lists and thoroughly addresses the original conditions of approval. The tentative PUD conditions are listed below in bold, followed by the city's findings. 1. Development within the Crescent Village PUD shall not exceed to following maximum land use intensities, except as provided for below: Crescent Village Phase 1 (MDA 12-3) September 2012 Page 3